No preview available
HomeMy WebLinkAbout2022-05-18 Mayor and City Council - Full Agenda-3093CITY OF SAN BERNARDINO REVISED 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, MAY 18, 2022 7:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho MAYOR PRO TEM, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK : https://sbcity.tiny.us/PublicCommentOptions o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o Si necesita un intérprete en Español comuníquese con la Secretaria Municipal 72 horas antes de la reunión del consejo. Rocha_ge@sbcity.org To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://tinyurl.com/agendabackup051822. 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 May 18, 2022 Mayor and City Council of the City of San Bernardino Page 2 Printed 5/17/2022 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    NOTE: CLOSED SESSION FOR THE MAY 18, 2022 MAYOR AND CITY COUNCIL MEETING WAS AGENDIZED AS A SPECIAL MEETING AT 5:00 PM. SEE THE FOLLOWING LINK FOR MORE INFORMATION: https://tinyurl.com/SMCC051822 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS PRESENTATIONS 1. Proclamation for National Kids to Parks Day, Saturday, May 21, 2022 (All Wards) 2. FP-5 Presentation - San Bernardino County Fire (All Wards) PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/17/2022 DISCUSSION 3. Amendment to Stream, Kim, Hicks, Wrage & Alfaro Legal Service Agreement Re: Miller II (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, affirm its prior action on April 6, 2022 authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the San Bernardino Superior Court Case No. CIVDS2015337; and authorizing the Director of Finance to amend the Purchase Order to Stream, Kim, Hicks, Wrage & Alfaro. 4. Amendment No. 2 to the ESG-CV2 Subrecipient Agreement with Lutheran Social Services of Southern California (All Wards) Recommendation It is recommended that the Mayor and the City Council for the City of San Bernardino, California, 1. Authorize the City Manager to execute the Second Amendment to the ESG -CV2 Subrecipient Agreement between the City of San Bernardino and the Lutheran Social Services; and 2. Authorize the City Manager or designee to ta ke any further actions and execute any further documents and certifications as may be necessary to amend the agreement. PUBLIC HEARINGS 5. Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comment on the matter; and 2. Adopt Resolution No. 2022-93 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and 3. Direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. 6. Presentation of the Proposed Fiscal Year 2023 & Fiscal Year 2024 Budget Recommendation It is Recommended that the Mayor and City Cou ncil of the City of San Bernardino receive the proposed budget for Fiscal Years 2023 & 2024 and the proposed Capital Improvement Program for 2023-2027 and provide direction to staff. Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/17/2022 7. Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2022-94 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 16); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2022-95 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 16); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1580 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No. MC -1580 for June 1, 2022. 8. Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety Services), (TR 20145), Adoption of Resolutions for Annexing into the Community Facilities District (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2022-96 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), annexing territory to Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; and 3. Hold a special landowner election and canvass the election; and Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/17/2022 4. Adopt Resolution No. 2022-97 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the May 18, 2022, annexation and special tax election. 9. Continue the Public Hearing on the Vacation of a Portion of “I” Street Between Spruce Street and Olive Street, and a Portion of “J” Street at Its Intersection with 17Th Street and 21St Street and Reservation of Utilities Therein Until June 1, 2022 at 7:00 P.M. (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, continue the public hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and re servation of utilities therein until June 1, 2022, at 7:00 p.m. CONSENT CALENDAR 10. Animal Services Grant Funding Allocation (All Wards) Recommendation Adopt Resolution No. 2022-98 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to amend the FY 2021/22 Budget to appropriate $500,000 of the grant funding from The San Manuel Band of Mission Indians for animal shelter programs and services. 11. Approve Vendor for Closed Captioning Software (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify the approval of the vendor, Municipal Captioning, Inc., approved to provide English closed captioning software for viewers of all progr amming aired through the City’s cable channel, as approved at the May 4, 2022, Mayor and City Council meeting. 12. Adopt Ordinance No. MC-1578 (Ordinance Amending Various Sections of Chapter 8.60 and Adding Section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code Relating to Fireworks) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1578, amending various sections of Chapter 8.60 and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. 13. Agreement with San Bernardino International Airport Authority (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino , California, authorize the City Manager to execute a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/17/2022 Law Enforcement Services. 14. Accept 2021 Californians for All Youth Workforce Development Program Grant (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to accept and administer the 2021 CaliforniansForAll Youth Workforce Development Program Grant in the amount of $4,169,142 for the grant period July 1, 2022 through June 30, 2024; and authorize the Director of Finance to amend the Fiscal Year 2021/22 Adopted Budget appropriating $4,169,142 in both revenue and expenditures. 15. Approval of the Exclusive Negotiating Agreement (ENA) Between the City of San Bernardino and the Richman Group, LLC for the Development of a 4 -Acre Portion of Seccombe Lake Park at the Northwest Corner of Sierra Way and 7Th Street; and Determine that the ENA is Categorically Exempt from CEQA (Ward 1) Recommendation Approve the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and The Richman Group, LLC for the development of a 4-acre portion of Seccombe Lake Park at the northwest corner of Sierra Way an d 7th Street; and Determine that the ENA is categorically exempt from the California Environmental Quality Act (“CEQA”). 16. Amendment No. 1 to the Lease Agreement with Inland Empire 66Ers Baseball Club Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Lease Agreement with Inland Empire 66ers Baseball Club of San Bernardino, Inc. 17. City Board, Commission, and Citizen Advisory Committee Minutes Approved in March/April 2022 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in March and April 2022. 18. 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 April 2022. 19. Side Letter Agreement Between the City and the General Unit Employees (All Wards) Recommendation Adopt Resolution No. 2022-99 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Side Letter Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/17/2022 Agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino and the General Unit Employees, amending Article III-Compensation, Section 7: Shift Differential. 20. Approving Job Classifications, Amending the Salary Schedule and the Fiscal Year 2021/22 Budget (All Wards) Recommendation Adopt Resolution No. 2022-100 of the Mayor and City Council of the City of San Bernardino, California, approving the following: 1. Agency Director (U) job classification; 2. Enterprise Resource Planning (ERP) Project Manager job classification; 3. Disadvantaged Business Enterprise (DBE) Specialist job classification; 4. Marketing and Media Specialist job classification; 5. Engineering Project Manager job classification; 6. Increase to the salary range for the classification of Deputy Director of Housing & Homelessness (U); 7. Increase to the salary range for the classification of Code Enforcement Officer I; and 8. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. 21. Purchase of Commercial Vehicle Enforcement Trucks (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to issue a purchase order to UAG of Cerritos in an amount not to exceed $110,000. 22. Authorize the Issuance of a Purchase Order for a Body Worn Camera Solution Contract Extension (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the Second Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for body worn camera services; and authorize the Director of Finance to issue a purchase order to Axon Enterprise Inc., in an amount not to exceed $48,200. 23. Adopt Ordinance MC-1579, Police Department Policy 705 (Military Equipment Policy) in Accordance with Assembly Bill 481 (All Wards) Recommendation Adopt Ordinance No. MC-1579 of the Mayor and City Council of the City of San Bernardino, California, adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481. 24. Resolution Approving an Agreement with San Bernardino County to Provide HHW Collection Service (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/17/2022 1. Adopt Resolution No. 2022-101, approving an agreement with the San Bernardino County Fire Protection District Pursuant to Section 3.04.010 B -3 of the Municipal Code for Household Hazardous Waste Collection Service and Sharps Collection Service to the City; and 2. Authorizing the Director of Finance to issue a Purchase Order to the San Bernardino County Fire Protection District, in an annual amount not to exceed $368,000. 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, June 1, 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 revised agenda for the May 18, 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 Wednesday, May 17, 2022. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda May 18, 2022 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/17/2022 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching th e 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 Succe ssor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is 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 May 18, 2022 Mayor and City Council of the City of San Bernardino Page 10 Printed 5/17/2022 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 da y 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 advanc e 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 May 18, 2022 Mayor and City Council of the City of San Bernardino Page 11 Printed 5/17/2022 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: May 18, 2022 To: Honorable Mayor and City Council Members From: Sonia Carvalho, City Attorney Subject: Closed Session A) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Pursuant to Government Code Section 54957): Title: City Manager Title: City Attorney Title: City Clerk Packet Pg. 12 Page 1 Presentation City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: John Valdivia, Mayor Subject: Proclamation for National Kids to Parks Day (All Wards) 1 Packet Pg. 13 PROCLAMATION National Kids to Parks Day in the City of San Bernardino Saturday, May 21, 2022 WHEREAS, May 21, 2022, is the twelfth Kids to Parks Day organized and launched by the National Park Trust held annually on the third Saturday of May; and WHEREAS, Kids to Parks Day empowers kids and encourages families to get outdoors and visit local parks, public lands, and waters; and WHEREAS, we should encourage children to lead a more active lifestyle to combat issues of childhood obesity, diabetes, hypertension, and hypercholesterolemia; and WHEREAS, Kids to Parks Day will broaden children’s appreciation for nature and outdoors; and WHEREAS, Kids to Parks Day will recognize the importance of recreating responsibly while enjoying the benefits of the outdoors. NOW THEREFORE, BE IT RESOLVED, that the San Bernardino Mayor and City Council do hereby proclaim Saturday, May 21, 2022 as National Kids to Parks Day. We urge our citizens to take children of all ages in their lives to a local neighborhood, state or national park to share the benefits in recognizing the importance of participation, appreciation, enjoyment and use of our parks. Presented this 18th day of May, 2022 1.a Packet Pg. 14 Attachment: Attachment 1 - National Kids to Parks Day (8964 : Proclamation for National Kids to Parks Day (All Wards)) Page 1 Presentation City of San Bernardino Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: FP-5 Presentation - San Bernardino County Fire (All Wards) 2 Packet Pg. 15 County Administrative Office www.SBCounty.gov Fire District Funding Workshop Leonard Hernandez Chief Executive Officer Dan Munsey Fire Chief/Warden April 19th, 2022 2.a Packet Pg. 16 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 2 •19,200 square miles/ 78% of this is state or federal land •We are a California special district and not a department of San Bernardino County •We are bound by Fire Protection Law (Health & Safety Code §13800) •In 2021 we responded to almost 140,000 calls for emergency service •We are more than a fire district. We respond to medical, hazardous materials, rescues, aircraft, marine, tactical medical, and may other “all-risk” emergencies. San Ber nar dino County Fire 2.a Packet Pg. 17 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 3 Fire District Budget 2.a Packet Pg. 18 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 4 2021-20 Budgeted Reve nue by Type Budget Unit/Zone Property Tax es Fees/C ontracts/ Othe r Re venue County General Fund FP-5 S peci al Tax To tal Revenue Mo untai n 13,974,056 2,833,990 1,067,990 5,438,903 23,314,939 North Desert 15,653,165 11,246,127 6,318,393 11,781,090 44,998,775 South Desert 6,812,212 2,588,792 993,538 9,550,111 19,944,653 Valley 44,930,849 32,644,329 - 14,717,632 92,292,810 Admin/Spe ci al Ops.10,834,431 5,091,384 5,285,554 - 21,211,369 Total 92,204,713 54,404,622 13,665,475 41,487,736 201,762,546 Note: Total FP-5 Special Tax revenue of $41.5 million does not include $1.2 million budgeted in 2019-20 from a 2.a Packet Pg. 19 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 5 FP-5 Revenue Br eakdown Voter- Approved Board-Approved Budget Unit/Zone He lendale/ Silver Lake s Needles Twe ntynine Palms San Be rnardino Upland/San Antonio Heights Sub-Total LAFCO Approve d FP-5 Ex pansion Grand Total Mo untain - 5,438,903 5,438,903 North Desert 1,172,472 - 10,608,618 11,781,090 South Desert 468,345 2,330,034 2,798,379 6,751,732 9,550,111 Valley 7,838,721 3,313,830 11,152,551 3,565,081 14,717,632 Admin/Speci al Ops.- - Total 1,172,472 468,345 2,330,034 7,838,721 3,313,830 13,950,930 26,364,334 41,487,736 LAFCO-Approve d Anne xations 2.a Packet Pg. 20 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 6 Operational Impacts 2.a Packet Pg. 21 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 7 Station Closures Needed without FP-5 or Alter nate Funding 23 6 8 6 15 4 4 3 0 5 10 15 20 25 Valley 74,610 Calls Mountain 4,576 Calls North Desert 47,499 Calls South Desert 11,862 CallsFire StationsStaffed Fire Stations by Zone would decrease between 9-17 stations throughout the District Current Without all of FP-5 2.a Packet Pg. 22 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 8 Increase in Annual Calls per Firefighter with Station Closures 232 88 311 233 88 145 145 229 180 300 127 396 439 0 50 100 150 200 250 300 350 400 450 500 Valley Mountain North Desert South Desert Chino Ontario Rancho Apple Vly ColtonCalls Per YearCalls Per Firefighter by Zone Current Without all of FP-5 2.a Packet Pg. 23 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 9 Average Response Time by Zone with or without FP-5 4:42 7:50 13:24 10:36 5:47 9:50 18:40 18:45 0:00 2:24 4:48 7:12 9:36 12:00 14:24 16:48 19:12 21:36 Valley Zone Mountain Zone North Desert Zone South Desert ZoneMinutesAverage Response Times Current Without all of FP-5 2.a Packet Pg. 24 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 10 To tal Staffing Reductions Service Zone Current Staffing Level Staffing Without Entire FP-5 Administration / Special Operations 44 25 Mountain Regional Service Zone 54 36 North Desert Regional Service Zone 153 120 South Desert Regional Service Zone 51 27 Va lley Regional Service Zone 321 249 To tals 623 457 Assistant Chief 7 5 Battalion Chief 26 17 Captain 181 132 Engineer 181 129 Firefighter 228 174 To tals 623 457 2.a Packet Pg. 25 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 11 We st Va lley Service Zone Division 2 2.a Packet Pg. 26 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 12 •14 full time staffed stations •156 suppression personnel •San Bernardino City -9 stations •S.B. Intl. Airport -1 station •Grand Terrace -1 station •Devore -1 station •Mentone -1 station •Muscoy -1 station East Valley –Division 2 2.a Packet Pg. 27 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 13 Possible Service Level Reduction •Reduction in 3 to 4 engine companies and one squad in the San Bernardino area. •Reduction in staffing by 4 fire stations in the San Bernardino area Basic Service Level Reduction Consequences •Increased response times of up to 5-minutes (90th percentile) on critical emergencies •Decrease in ability to perform victim rescue and limit fire spread East Valley -Division 2 Without FP5 Funding 2.a Packet Pg. 28 Attachment: Fire Dept. VSZ FP-5 Funding Presentation April 2022 SDD DM (8962 : FP-5 Presentation - Page 1 Discussion City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: René Anderson, Director of Human Resources Subject: Amendment to Stream, Kim, Hicks, Wrage, and Alfaro Legal Service Agreement Re: Miller II (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, affirm its prior action on April 6, 2022 authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the San Bernardino Superior Court Case No. CIVDS2015337; and authorizing the Director of Finance to amend the Purchase Ord er to Stream, Kim, Hicks, Wrage & Alfaro. Background On March 17, 2021, the City entered into an agreement with Stream, Kim, Hicks, Wrage & Alfaro (SKHWA) to provide legal services in the amount of $50,000 .00 pursuant to 3.04.085(A) of the Municipal Code to represent Councilmember Sandra Ibarra in the Andrea Miller v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2015337. SKHWA is a full-service law firm with a specialization in complex civil litigation and has represented the City's official capably and efficiently. This case remains active. The City is currently being represented by Atkinson, Andelson, Loya, Ruud & Romo in this matter. The City and Ms. Ibarra entered into a separate letter agreement, which is attached hereto, pursuant to which the City elected to furnish a defense to the lawsuit referenced above with a reservation of rights and subject to the terms as set forth therein. On April 6, 2022, the Mayor and City Council unanimously authorized the execution of the First Amendment to the Legal Services Agreement with SKHWA, increasing the not - to-exceed total to $150,000.00, as part of the consent calendar. At the May 4, 2022 Mayor and City Council meeting, which was the first regular meeting following April 6, the City Council requested the item be brought back for reconsideration. At present, the City has paid $40,923.69 to SKHWA for their services. The City has an additional $53,141.72 in unpaid invoices from SKHWA, bringing the current total cost of services to $94,065.41. 3 Packet Pg. 29 8961 Page 2 Discussion Continued representation of both the City and the named Council Member is essential to protect the City's interest and avoid unnecessary liability. In addition, utilizing the same firm provides efficiency that would be lost should the case need to be transferred to a different firm. At this time, based on the advice of outside legal counsel to the City, City staff continues to believe the increase to the cap under the legal service agreement is appropriate. 2021-2025 Strategic Targets and Goals Authorization of this amendment aligns with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize Risk and Litigation Exposure. Continued legal representation in this case protects the City’s interest and avoids unnecessary liability. Fiscal Impact There is funding to support the contract amendment in FY 2021/22 budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, affirm its prior decision to authorize the City Manager to execute the First Amendment to the Legal Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the San Bernardino Superior Court Case No. CIVDS2015337; and to authorize the Director of Finance to amend the Purchase Ord er to Stream, Kim, Hicks, Wrage & Alfaro. Alternatives to Staff Recommendation Alternative #1 - If the Mayor and City Council disagrees with the recommendation of City staff and wishes to reconsider the prior action, it may proceed as follows: (1) Move to reconsider the April 6 decision to authorize the execution of the First Amendment and the amendment of the purchase order; and, then, (2) Reconsider the decision to authorize the First Amendment (and purchase order increase) as if the decision had not been made. If the Mayor and City Council votes to reconsider and then elects not to authorize the execution of the First Amendment, City staff will pay an additional $9,076.31 to SKHWA - up to the not-to-exceed cap of $50,000.00 under the Agreement - and will inform SKHWA that no further payments will be made. Alternative #2 - As a further option, in order to avoid having unpaid legal bills with a firm handling conflict work for the City, the Mayor and City Council may elect to authorize the City Manager to execute a revised First Amendment with SKHWA increasing the not -to- exceed to $94,065.41, authorize an increase in the purchase order up to that amount, and then direct staff to inform SKHWA and Council Member Ibarra that no further payments will be made. 3 Packet Pg. 30 8961 Page 3 Attachments Attachment 1 Proposed First Amendment Attachment 2 Original Agreement Ward: All Synopsis of Previous Council Actions: May 4, 2022 The Mayor and City Council voted to have the First Amendment to the Legal Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the San Bernardino Superior Court Case No. CIVDS2015337, and the authorization to allow the Director of Finance to amend the Purchase Order to Stream, Kim, Hicks, Wrage & Alfaro brought back for reconsideration at the May 18, 2022, Mayor and City Council meeting. April 6, 2022 The Mayor and City Council authorized the City Manager to execute the First Amendment to the Legal Services Agreement with Stream, Kim, Hicks, Wrage & Alfaro for representation in the San Bernardino Superior Court Case No. CIVDS2015337 and authorized the Director of Finance to amend the Purchase Order to Stream, Kim, Hicks, Wrage & Alfaro. 3 Packet Pg. 31 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND STREAM, KIM, HICKS, WRAGE, & ALFARO APC 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 Stream, Kim, Hicks, Wrage, & Alfaro APC, (hereinafter the “Firm”) as of April 6, 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 March 17, 2021 for the provision of legal services in connection with the case entitled Miller v. City of San Bernardino, et al., San Bernardino Co. Case No. CIVDS2015337 (“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 $50,000.00 not-to-exceed cap identified in 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 Robert J. Hicks, Partner 3.a Packet Pg. 32 Attachment: Attachment 1 - First Amendment Agreement (8961 : Amendment to Stream, Kim, Hicks, Wrage, and Alfaro Legal Service EXHIBIT B 3.b Packet Pg. 33 Attachment: Attachment 2 - Original Agreement (8961 : Amendment to Stream, Kim, Hicks, Wrage, and Alfaro Legal Service Agreement Re: 3.b Packet Pg. 34 Attachment: Attachment 2 - Original Agreement (8961 : Amendment to Stream, Kim, Hicks, Wrage, and Alfaro Legal Service Agreement Re: EXHIBIT A 3.b Packet Pg. 35 Attachment: Attachment 2 - Original Agreement (8961 : Amendment to Stream, Kim, Hicks, Wrage, and Alfaro Legal Service Agreement Re: 3.b Packet Pg. 36 Attachment: Attachment 2 - Original Agreement (8961 : Amendment to Stream, Kim, Hicks, Wrage, and Alfaro Legal Service Agreement Re: 3.b Packet Pg. 37 Attachment: Attachment 2 - Original Agreement (8961 : Amendment to Stream, Kim, Hicks, Wrage, and Alfaro Legal Service Agreement Re: EXHIBIT B 3.b Packet Pg. 38 Attachment: Attachment 2 - Original Agreement (8961 : Amendment to Stream, Kim, Hicks, Wrage, and Alfaro Legal Service Agreement Re: - 1 - Firm-General -- 3004707.1 STREAM KIM HICKS WRAGE & ALFARO, PC HOURLY BILLING RATES [Effective January 1, 2021] Attorneys 2021 Billing Rate Theodore K. Stream $490 Eugene Kim $470 Robert J. Hicks $470 Jamie Wrage $445 Mario H. Alfaro $435 Jennifer A. Mizrahi $425 Alicen Wong $395 Amy J. Osborne $395 Todd R. Kinnear $395 Andrea Rodriguez $375 Nour A. Rizvi $375 Tuan-Anh Vu $350 Donna M. DiCarlantonio $275 Summer DeVore $270 Paraprofessionals Cathy Brandt $210 3.b Packet Pg. 39 Attachment: Attachment 2 - Original Agreement (8961 : Amendment to Stream, Kim, Hicks, Wrage, and Alfaro Legal Service Agreement Re: Page 1 Discussion City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Oliver Mujica, Planning Division Manager Subject: Amendment No. 2 to the ESG-CV2 Subrecipient Agreement with Lutheran Social Services (All Wards) Recommendation It is recommended that the Mayor and the City Council for the City of San Bernardino, California, 1. Authorize the City Manager to execute the Second Amendment to the ESG-CV2 Subrecipient Agreement between the City of San Bernardino and the Lutheran Social Services; and 2. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary t o amend the agreement. Background On March 21, 2021, the City of San Bernardino entered into an agreement with Lutheran Social Services of Southern California in which the City agreed to fund Lutheran Social Service’s Emergency Homeless Shelter rehabilita tion project with $500,000 of its total ESG-CV2 allocation. Lutheran Social Services’ Emergency Homeless Shelter is one of the City’s few homeless shelters. The rehabilitation of the shelter will allow Lutheran Social Services to continue to provide essent ial services to the unsheltered. Such services include homeless case management, connecting the unsheltered to main stream benefits, and providing emergency shelter. The rehabilitation will focus on addressing fire-safety inadequacies as well as enhance accessibility to the building and Americans with Disabilities Act compliance. On October 19, 2021, the City Manager approved the First Amendment to the Subrecipient Agreement in which Section III (Term of Agreement) was extended from June 30, 2021 to June 30, 2022. Discussion Lutheran Social Services has requested an additional extension to the Subrecipient Agreement to extend the term of the agreement until September 30, 2022. The request came because of several unforeseen project delays, as well as bu ilding and material 4 Packet Pg. 40 8979 Page 2 shortages caused by the on-going COVID-19 global pandemic. City staff has determined that Lutheran Social Services has continually acted in good faith to comply with the agreement and has to the best of their ability made an earnest effort to mitigate further delays. The extension of the agreement to September 30, 2022 is within the Housing and Urban Development's guidelines and should not cause any compliance issues. Furthermore, Lutheran Social Services is determined and actively working to complete the project well before the new extension and sees the value of airing on the side of cautiousness as the country continues to grapple with supply shortages. On May 4, 2022, the Mayor and City Council considered this item and requested it be continued to the May 18 meeting. 2021-2025 Key Strategic Targets and Goals The request for the subrecipient term of agreement extension aligns with Key Target No. 3: Improved Quality of Life by improving existing homeless shelter facilities to ensure continued operation. Fiscal Impact Approval of the Second Amendment to the Subrecipient Agreement will not impact the General Fund. Conclusion It is recommended that the Mayor and the City Council for the City of San Bernardino, California, 1. Authorize the City Manager to execute the Second Amendment to the ESG -CV2 Subrecipient Agreement between the City of San Bernardino and the Lutheran Social Services; and 2. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to amend the agreement. Attachments Attachment 1 Second Amendment to the Subrecipient Agreement with Lutheran Social Services Attachment 2 First Amendment of the Subrecipient Agreement with Lutheran Social Services Attachment 3 Original Subrecipient Agreement with Lutheran Social Services Ward: All Synopsis of Previous Council Actions: August 19, 2020 Mayor and City council approved the City’s Substantial 4 Packet Pg. 41 8979 Page 3 Amendment to the FY 2020-21 Annual Action Plan. September 16, 2020 Mayor and City Council approved the City’s Substantial Amendment to the FY 2020-2021 Annual Action Plan. March 17, 2021 Mayor and City Council approved the City’s Substantial Amendment to the FY 2021-2022 Annual Action Plan. March 21, 2021 Mayor and City Council approved Subrecipient Agreement with Lutheran Social Services of Southern California. April 21, 2021 Mayor and City Council approved the City’s Draft Fiscal Year 2021-2022 Annual Action Plan. 4 Packet Pg. 42 Page 1 of 2 SECOND AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT –COVID 2 SUBRECIPIENT AGREEMENT This Second Amendment ("Second Amendment") to the Emergency Solutions Grant – Covid- 2 Subrecipient Agreement ("Agreement") is entered into as March 10, 2022 by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the "City"), and Lutheran Social Services of Southern California (LSSSC), a private non-profit corporation licensed to do business in the State of California, 435 W. Orange Show Lane #104 San Bernardino, CA, 92408 (hereinafter the "Subrecipient"), DUNS Number 198953929 City and Subrecipient are at times referred to individually as "Party" and collectively as the "Parties." WHEREAS, City and Subrecipient entered into Agreement on April 2, 2020; and WHEREAS, City Council authorized $500,000 in ESG-CV2 funds for Renovation of Emergency Shelter; WHEREAS, the Parties now desire to amend the Agreement to extend the term of the Agreement to conform to the federal funding deadlines. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Amendment. Section III of the Agreement “TERM OF AGREEMENT’ is hereby amended in its entirety to read as follows: "III. TERM OF AGREEMENT This AGREEMENT shall take effect on April 2, 2020 and shall terminate on September 30, 2022 unless otherwise canceled or modified according to the terms of this AGREEMENT.” 2. Effect on Other Provisions. All other provisions of the Agreement, as amended by this Second Amendment and the First Amendment, 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. [Signatures on Following Page] 4.a Packet Pg. 43 Attachment: Attachment 1 Second Amendment to the Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the "CITY" CITY OF SAN BERNARDINO a municipal corporation and charter city Dated: _________________ _________________________________ Robert D. Field City Manager "SUBRECIPIENT" Lutheran Social Services of Southern California (LSSSC) Dated:______________ __________________________ John Kohl CFO/ExecutiveVice President 2 4.a Packet Pg. 44 Attachment: Attachment 1 Second Amendment to the Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the 4.b Packet Pg. 45 Attachment: Attachment 2 - First Amendment of the Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the 4.b Packet Pg. 46 Attachment: Attachment 2 - First Amendment of the Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the 4.c Packet Pg. 47 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 48 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 49 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 50 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 51 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 52 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 53 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 54 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 55 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 56 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 57 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 58 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 59 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 60 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 61 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 62 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 63 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 64 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 65 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 66 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 67 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 68 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 69 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 70 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 71 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 72 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 73 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 P a g e | 0 City of San Bernardino Office of the City Manager’s Housing Division COVID-19 ESG Program Notice of Funding Availability (NOFA) FY 2020-2021 GENERAL PROJECT INFORMATION 11. Describe how your project is consistent with the priorities outlined in the City of San Bernardino’s 2015-2019 Consolidated Plan. Identify which of the Consolidated Plans goal(s) and objective(s) your project will help accomplish. The CCLM Emergency Shelter Rehabilitation project parallels the City of San Bernardino’s priority actions outlined in the 2015-2019 Consolidated Plan, the HUD Open Door Policy, and the County's 10- Year Strategy to End Homelessness. Consistent with the City’s strategies, LSSSC employs emergency shelter as a “bridge” to permanent housing; critical needs support and wrap-around supportive services to help homeless men achieve self-sufficiency. For the 2018-2019 operating year, 436 men receive shelter, case management, and supportive services. Of the total men served, 49% obtained stable housing. The homeless remain extremely susceptible to COVID-19 due to their inability to self-isolate or practice social distancing because of their current living conditions. There are more than 800 unsheltered homeless in San Bernardino; approximately 160 are considered medically vulnerable because they are age 65, or older, and/or have serious underlying health conditions. The stakes could not be higher to move swiftly to get homeless individuals off the streets and into housing so we can flatten the curve for all of San Bernardino and by extension the county. LSSSC has adapted the county-wide COVID-19 Homeless Response Plan (Plan) that is utilizing guidelines from the Center for Disease Control and Prevention (CDC) to identify opportunities to place homeless individuals in temporary housing. The Plan focuses on housing those who are at-risk due to age and/or underlining health conditions. It is critical that we work together to stop the spread of COVID-19. This includes assisting the homeless who live in our communities and have no option but to seek help from others during this time of crisis. We must act quickly and decisively so we can lessen the impact of this pandemic and save lives. To this end, we are mobilizing staff to respond efficiently to serve our homeless population, providing them emergency shelter, triaging, and other basic needs to mitigate infection rates among this population. The City of San Bernardino places a high priority on actions to assist homeless and special needs persons with housing and supportive services (City of San Bernardino 2015-2019 Consolidated Plan). Similarly, the Mayor and Common Council’s adopted priority goals for the City’s recovery plan emphasize the need to improve the quality of life for the residents of the City (FY 2017-2018 Annual Action Plan). As a direct parallel, LSSSC combats homelessness in the City of San Bernardino by providing emergency shelter, permanent supportive housing, transitional housing, AB-109 housing; housing case management, and wrap-around supportive services. The City recognizes that homelessness impacts every community in the region and as such the City supports the efforts of this network of agencies in ending homelessness through the Regional Continuum of Care (CoC) Strategy, which incorporates strategies such as Homeless Prevention; Homeless Outreach and Needs Assessment, Emergency Shelter and Transitional Housing, Motel Vouchers, and Assistance with Transitioning to Permanent Housing (FY 2017-2018 Annual Action Plan). LSSSC collaborates extensively with the County’s CoC providers and system linkages that provide homeless services. Moreover, the program provides several of the strategies mentioned above to combat homelessness - Homeless Outreach and Needs Assessment, Emergency Shelter, Transitional 4.c Packet Pg. 74 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 P a g e | 1 City of San Bernardino Office of the City Manager’s Housing Division COVID-19 ESG Program Notice of Funding Availability (NOFA) FY 2020-2021 Housing, and Permanent Supportive Housing. The City of San Bernardino’s priority is to assist homeless and special needs populations with supportive services in a decisive manner (City of San Bernardino 2010-2015 Consolidated Plan). Directly aligned with this strategy, LSSSC is addressing homelessness with a comprehensive spectrum of emergency shelter; critical needs, case management, and wrap-around supportive services. The CCLM emergency shelter rehabilitation project also meets the eligible activities per ESG requirements 24 CFR Part 576. Per the 24 CFR Part 576, ESG funds may be used for the renovation of emergency shelter facilities, including major rehabilitation or conversion, of a building to serve as an emergency shelter. The emergency shelter must be owned by a government entity or private nonprofit organization. The shelter must serve homeless persons for at least 3 or 10 years, depending on the type of renovation and the value of the building. Provide a summary description of project proposed, including the projected number of clients or units/beds to be served. The homeless remain extremely susceptible to COVID-19 due to their inability to self-isolate or practice social distancing because of their current living conditions (CDC, 2020). Lutheran Social Services of Southern California (LSSSC) is requesting FY 2020-2021 ESG-CV dollars to undertake a critically needed rehabilitation of the 75-bed CCLM Men’s Emergency Shelter in the City of San Bernardino. The shelter rehabilitation project is being implemented in response to the COVID-19 pandemic and in an effort to prevent, prepare, and respond to the coronavirus. The CCLM Emergency Shelter program serves up to 350 homeless men each year. Incorporated in the shelter model, participants receive wraparound services to ensure that when they exit from the program, homeless men will be self-sufficient. The wraparound support services provided to participants include case management, medical and work-related transportation, primary care referrals, life skills training, job readiness training, and workforce development; entitlement benefits enrollment assistance, housing navigation services, and document procurement assistance. The COVID-19 pandemic has highlighted the pivotal role that LSSSC serves in the homeless continuum of care in San Bernardino County. Our CCLM shelter is one of only two shelters currently serving homeless men in the county. Like many essential services providers in San Bernardino during the COVID-19 pandemic, LSSSC has had to adapt to the elevated needs for basic needs for emergency shelter and other essential services. Our homeless clients also need laundry services, face masks, and hand sanitizers. LSSSC has been daily routine practices to prevent the spread of COVID-19 among our homeless men. We are practicing distancing, sanitizing all areas, equipping our facility with adequate bio cleansers, soaps, and sanitizers, and educating participants on how to protect themselves. We have seen a sizeable increase in our budget due to our preparation, prevention, and response to COVID-19. There is also a critical need to provide clients with rides to treatment facilities in the event of infection by COVID-19. In order to improve its safety, use efficiency, energy efficiency, and compliance with city building codes, the emergency shelter has many structural repair/rehab needs. There is a need to rehab the shelter interior, roof, floor, vents, social hall/lunchroom, and improve the aesthetics. We also need to construct 4.c Packet Pg. 75 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 P a g e | 2 City of San Bernardino Office of the City Manager’s Housing Division COVID-19 ESG Program Notice of Funding Availability (NOFA) FY 2020-2021 additional restrooms and showers at the shelter. The project will bring up to par and preserve a critically needed facility that is integral to the livelihood of homeless men. The project will ensure that 75 emergency shelter beds are available in the city that continues to face a homelessness crisis. The specific shelter rehabilitation activities will include: 1). Complete stripping of the old roof, installation new roof as well as applying roof coating. 2). HVAC system installation 3). Fire Sprinklers and alarm installation 4). Electrical installation 5). New windows installation 6). Floor coverings installation 7). Attic insulation 8). Exterior Painting 9). Interior Painting 10). Doors and Hardware 11). Plumbing installation 12). Concrete ramps and rails installation 13). Permits, fees, and change orders LSSSC has acquired the necessary permits from the City of San Bernardino to begin the general contract work by August 24, 2020. The permit needed to install the Fire Sprinkler System is active. The permit for roof repair was approved to begin on August 13, 2020. Some site work has already begun, and we are waiting on necessary permits to continue to the next stage of the work. LSSSC is ready to accept bids for the plumbing and HVAC system installation. We are currently entertaining bids for the rest of the professional work needed to rehab the other areas of the building. 12. Targeting. Describe the characteristics of the population to be served (i.e. youth, seniors, persons with disabilities, etc.) and the geographic area to be benefited. It is important to also attach a map (e.g. Thomas Bros. Map) showing the project location and draw a line on the map outlining the boundaries of the geographic area served. To be eligible for the program, participants must be a single male, 18 years of age or older, and homeless in the City of San Bernardino as defined by the US Housing and Urban Development. The median age of the clients that we serve is about 35 years. Approximately 35% of the population served are African American; 23% of Hispanic origins, 33% Caucasian, and 9% other ethnicities. Veterans account for 11%; Victims of Domestic Violence, 11%, Elderly 10%, People With HIV/AIDS, 2%, Chronically homeless, 41%, Disabled 30%, Mental impairment, 38%, Substance Abusers, 21% and Chronic illness, 38%. More than 90% of clients have exceptionally low or no incomes. About 10% have jobs that barely meet the minimum wage threshold, which is further exacerbated by unfavorable credit and bank records. The homeless men that we serve fall in several categories: (1). Working-class men with low incomes that are not substantial to rent an apartment or room, so they live on the streets and in parks. Many of these men live in cars during the summer months but reside in our shelter during the winter (2). Veterans who are not connected to the Veterans Administration (3). Men suffering from chronic 4.c Packet Pg. 76 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 P a g e | 3 City of San Bernardino Office of the City Manager’s Housing Division COVID-19 ESG Program Notice of Funding Availability (NOFA) FY 2020-2021 mental ailments who have gone untreated (4). Parolees and (5). Chronic substance abusers of whom are referred to drug rehabilitation facilities if they are consistent with their enrolment in the shelter. 1. Applicant Experience Attach pages as necessary to describe the following: A. Organization: Describe the following for the organization: i. Mission Statement The mission of Lutheran Social Services of Southern California is to embrace, equip, and empower vulnerable people in Southern California as a demonstration of God’s love. ii. Past activities/experience Background: Founded at the height of World War II in 1944 by Lutheran congregations in San Diego to address poverty in families, LSSSC has become the epicenter of social and economic transformation for the disenfranchised. LSSSC provides 25,000 families/individuals annually through 50 programs in 20 locations across Southern California with: (1). Emergency Services – Meals, grocery bags, emergency shelter, hygiene kits, bus passes, gas vouchers, clothing, shower & laundry facility, backpacks & school supplies, prescription & eyeglass payment assistance, etc. (2). A full gamut of Self-Sufficiency Programs – Case management, employment development, life skills training, entitlement benefits enrollment, civic engagement support, education services, housing support, transportation, and linkage to mainstream services. (3). Housing – Permanent Supportive Housing for people living with HIV; Transitional Housing, Emergency Shelter, Hotel/Motel Voucher, and Rapid Re-housing/Rental Assistance. (4). Mental Health and Family Services – LSSSC offers a full spectrum of clinical and social services to over 5,000 families/individuals each year in evidence-informed practices that include wrap-around mental health and behavioral services, family services, disability support services, parenting education, addictions therapy, trauma recovery services, batterers intervention, senior support services, and outreach. At our Central City Lutheran Mission (CCLM) site in the nucleus of poverty in San Bernardino, LSSSC helps vulnerable populations seeking shelter, food, education, and health services. CCLM was established by five Lutheran churches in 1994, the merged with Lutheran Social Services of Southern California in July 2015. Here in the City of San Bernardino, you will find a men's emergency shelter, houses for people living with HIV/AIDS, a men's transitional house, and a re-entry house for recently incarcerated men. Tools for hunger relief include grocery distribution, a weekday hot meal, and a thrift store. Children participate in a weekday after school program, and adults have access to a computer, sewing cooperative, medical and job transportation, and classes in English, Aerobics, Baking, and Arts & Crafts. Our residents and community members can also seek behavioral health and medical services on CCLM’s property at H-Street Clinic. Experience: For a distinguished tenure of 27 years, LSSSC has successfully acquired, managed and administered federal, state and local funds from HUD, CDBG, ESG, USDA and EFSP across the Southern California region (Riverside County, San Bernardino County, Ventura County, Los Angeles County, San Diego County, and Orange County) with successful outcomes in the most cost-effective manner possible. Over this period, LSSSC has managed millions of dollars in total funding amassed from these sources. The services that have been furnished over this period include – Permanent Supportive Housing (PSH), 4.c Packet Pg. 77 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 P a g e | 4 City of San Bernardino Office of the City Manager’s Housing Division COVID-19 ESG Program Notice of Funding Availability (NOFA) FY 2020-2021 Transitional Housing (TH), Rapid Rehousing, Homeless Prevention Services, Street Outreach, Emergency Shelter, Critical Needs, Childcare, Community Development and Elimination of Slum and Blight. Overwhelmingly, these services have been stalwart in facilitating the achievement of self-sufficiency in our target populations – the homeless, low-income to extremely low-income, disabled, unemployed or underemployed, victims of violence, People Living With HIV/AIDS (PLWHA) and low-literacy, etc. To demonstrate our impact, in San Bernardino County, LSSSC has been providing PSH for PLWHA since 2003. An average of 65 PLWHAs and their families are assisted per year with achieving self-sufficiency. The program continues to exceed benchmarks for performance measures, affording LSSSC the ability to retain HUD funds to date. In San Diego, for 19 years LSSSC has been assisting an average of 250 immobile and shut-in seniors per year with chores, errands, meal preparation, medical transportation, and general companionship through our Senior Companion Program. The program continues to receive federal funding from the Corporation for National and Community Service (CNCS). Through the Department of Education federal funds, our Talent Search program provides 513 first-generation, low-income high school students per year with academic counseling, college resources and assistance with financial aid, while our Upward Bound Program equips 71 first-generation, low-income high school students per year with the skills and motivation necessary to pursue and complete post-secondary education. In Riverside County, LSSSC has been providing housing stabilization and relocation services (through rapid re-housing) for homeless families for over a decade using County and City ESG funds. LSSSC used State housing tax credits to refurbish an 8-bedroom affording housing complex, which now houses homeless or precariously housed families/individuals. LSSSC was awarded 15 million dollars from the Los Angeles County Department of Health Services to provide homeless individuals in Long Beach with Benefits Advocacy Services from 2017 – 2022. The program will provide Benefits Advocacy Services for homeless Veterans, homeless who qualify for SSI/SSDI and homeless immigrants who qualify for Cash Assistance (CAPI). In Orange County, LSSSC provides “Bridge Housing” and victim services for women who are victims of crime – especially domestic violence. Since 2017, LSSSC has been awarded over $800,000 from the Governor's Office of Emergency Services (Cal OES) to scale up victim services in Orange County. LSSSC will serve an estimated 125 victims of crime and 50 children each year with these grant monies. Finally, LSSSC was recently awarded renewal HUD funds under the FY 2018 CoC Competition to provide Rapid Re-Housing in Ventura County. In the City of Long Beach continuum, LSSSC secured a HUD contract in 2018 to provide chronically homeless individuals in Long Beach with permanent supportive housing. Additionally, LSSSC will receive additional Measure H funds in 2020 to implement sustain a Rapid Re-Housing program in Long Beach proper. Because of the significant accomplishments that we have attained executing federal, state, and local programs over the years, we continue to maintain government funding streams on an annual basis in our targeted areas. iii. Administrative structure Administrative Staff Experience: LSSSC continues to exhibit competency in its deportment with managing the operations of the organization, including efficiency in administrating funding from federal and private sectors as well as executing programs robust oversight. Beginning with the Board of Directors and Interim President/CEO and following a chain of command, which includes Senior and Area 4.c Packet Pg. 78 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 P a g e | 5 City of San Bernardino Office of the City Manager’s Housing Division COVID-19 ESG Program Notice of Funding Availability (NOFA) FY 2020-2021 Directors, the organization is keen on agency accountability, efficiency, and precision. The Board of Directors approves all financial activities and makes recommendations to the Interim President/CEO. LSSSC’s finance department is headed by our Chief Financial Officer, who ensures that proper separation of duties and proper financial management and controls are in place. The Accounting Department is headed by the Director of Finance, who supervises the Accounting Technician I, Accounts Payable, and Accounts Payable & Procurement Supervisor. The organization operates in compliance with Generally Accepted Accounting Principle, which is nationally accepted standards and includes the design, implementation, and maintenance of internal controls. The FUND E-Z financial management software is employed for managing all accounting operations. Executive leadership and other staff members are competent in their respective scope of work that is clearly defined and exhibits an unbridled commitment to responsible and accountable management and execution of these federally-funded programs. Executive Leadership Experience: Our Executive Leadership has decades of experience in non-profit administrative and fiscal leadership. This includes extensive experience in program planning, financial management, human resource management, programmatic oversight, resource development, and staff training. Other skills include program development and oversight, grants management and monitoring, and outcome management. Fiscal Officers have managed multiple contracts and accounting departments, ensuring compliance and quality internal controls to guidelines for federal, state, and local projects. In addition, they possess deep knowledge and expertise of specific OMB requirements and single audit rules. iv. Cost Allocation Plan LSSSC’s Cost Allocation Methods A. Salary & payroll costs; 1. The majority of LSSSC’s employees code their hours directly to specific grants, contracts, or programs through approved timecard. Those labor costs are recorded in labor distribution reports. LSSSC uses ADP to process their payroll. 2. The staff at the executive office which includes the Interim President/CEO and accounting staff charges 100% of their salaries to indirect costs. 3. The fringe benefits which include all required taxes and workman's compensation insurance are charged specifically as each individual's salary as a direct or indirect cost. LSSSC also provides a health and pension plan which is also charged according to each individual’s salary. 4. Paid absences are accrued and charged in the same manner as the salary costs, either direct or indirect. B. Other major costs: 1. Program Costs: Expenses related to programs that have specific contracts or grants are charged to either “contract program expense”, “program supplies” or directly to an account specifically established for a particular program. The nature of these costs is to provide temporary housing, food, transportation, or other expense to assist participants. 2. Rent, utilities, telephone, and maintenance: These costs are charged to direct costs as they relate to the area offices that directly administer the programs. The costs for the executive office are considered as indirect costs. 3. Professional services: These are outside consultants whose costs are either directly related to a specific program, such as psychological therapists, or are used to support the executive office in 4.c Packet Pg. 79 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 P a g e | 6 City of San Bernardino Office of the City Manager’s Housing Division COVID-19 ESG Program Notice of Funding Availability (NOFA) FY 2020-2021 administrative duties. In some cases, services provided may be both indirect and direct costs and are charged on an actual basis. 4. Capital expenditures are not charged to indirect costs unless specifically allowed in the contract or program. 5. LSSSC recognizes that unallowable costs, as defined in OMB Circular A-122, cannot be charged to Federal awards, and such costs are eliminated in calculating the ICR. Those costs as they specifically relate to LSSSC are: a. Advertising b. Bad debts c. Interest d. Fund Raising B. Technical Capacity i. Describe the organization’s capability to administer the project proposed Financial Capacity: LSSSC has been acquiring and managing reimbursable federal, state, and local grants for over 25 years. This demonstrates our capacity, profound understanding, experience, and capacity to maintain operational cash-flows while administering financial assistance programs. LSSSC has an annual operating budget in the vicinity of $18,000,000. Over 25% of this budget comprises unrestricted funding. The implication is that this affords LSSSC the financial capacity to expend our dollars for services, which will be reimbursed at a later date. It has been our experience that ESG funds may take up to 90 days to be reimbursed. We have been able to address this with matching dollars from other grant funding or unrestricted funds from fundraising, donations, corporate and foundation grants, etc. Capacity in Experience: For over 25 years, LSSSC has been utilizing public funds to assist an average of 1,000 families/individuals per year with permanent housing placement; “bridge housing” such as emergency shelter and hotel/motel vouchers, housing case management, and supportive services as they await permanent housing placement. Another 500 families/individuals annually are afforded with Homelessness Prevention and Rapid Re-Housing Services (such as rental and utility payment assistance). Capacity to Generate Successful Outcomes: LSSSC utilizes proven practices found in HUD’s Open Door Policy such as the Housing First Model and Harm Reduction, as well as participates in Coordinated Entry Systems across Southern California to accomplish these outcomes. LSSSC assists 1,500 individuals per year with employment readiness services. LSSSC links over 10,000 individuals across Southern California to mainstream services and providers. Other services that have been furnished over this period include – Transitional Housing, Street Outreach, Emergency Shelter, Critical Needs, Childcare, Community Development, meals, critical needs support, and case management. Overwhelmingly, these services have been stalwart in facilitating the achievement of self-sufficiency in our target populations – the homeless, low-income to extremely low-income, unemployed, or underemployed, victims of violence and low-literacy, etc. Capacity to Host Homeless Men: Today, LSSSC provides an average of 350 homeless men with emergency shelter, case management, critical needs, and supportive services per year. The year-round shelter has the capacity to house 75 men at any given time. LSSSC has been operating the shelter in the City of San Bernardino since 2002. 4.c Packet Pg. 80 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 81 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 82 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 83 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 84 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 4.c Packet Pg. 85 Attachment: Attachment 3 - Original Subrecipient Agreement with Lutheran Social Services (8979 : Amendment No. 2 to the ESG-CV2 Page 1 Public Hearing City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comment on the matter; and 2. Adopt Resolution No. 2022-93 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and 3. Direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. Background San Bernardino Municipal Code Section 5.04.076 enables unpaid taxes and penalties for business registration to become an assessment on the associated property if not collected after proper notification to the owner. Unregistered properties are identified through multiple sources, including a Homeowners Exemption listing received from the County of San Bernardino, newly opened water department accounts, closed rental property business registration accounts, code enforcement efforts, and citizen notification. These potentially unregistered accounts are contacted using the property’s mailing address provided by the County of San Bernardino and the Water Department. The properties listed in Exhibit A include newly identified rental properties and delinquent accounts that have provided no response to the City’s collection efforts. The Business Registration staff makes multiple attempts to contact property owners to gain compliance with the municipal code before a property is entered into the lien process. The initial letter informs the property owner that rental properties are considered a business and a registration certificate is required. This letter also informs 5 Packet Pg. 86 8937 Page 2 the owner that if the property is not a rental to indicate the status of the property. If a response is not received, a second letter is sent advising the owner to comply with the registration requirement or contact the Business Registration office to discuss the status of the property. If there is still no response after the second letter, a certified letter is sent indicating the same information. If there is no response to the certified letter, a lien hearing notice is mailed with a Business Registration application to allow the owner to comply or close the account before proceeding into the lien process. If letters are returned because the owner's address is unknown, the City will continue the same process using the new address collected by the United States Post Service. If no forwarding address is provided by the USPS, the matter is dismissed. Exhibit A to the Resolution (attached) represents accounts that have not gained compliance as of May 2, 2022, when this report was submitted into the agenda process. Those accounts that were addressed between May 2, 2022 and May 18, 2022, will be removed from the list that is forwarded to the County; liens will not be placed on those properties. 2021-2025 Strategic Targets and Goals The approval of the placement of liens on the subject properties for unpaid Business Registration taxes and penalties aligns with Key Target No. 1: Improved Operational and Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan. The program helps to ensure greater compliance with the municipal code within the business community and will generate additional revenue through this enhanced compliance effort by Business Registration staff. Fiscal Impact There is no fiscal impact to the budget associated with this action. The anticipated amount of revenue to be collected through the lien process is $112,742, an estimate of which was included in the FY 2021/22 Business Registration revenue budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comment on the matter; and 2. Adopt Resolution No. 2022-93 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and 3. Direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. 5 Packet Pg. 87 8937 Page 3 Attachments Attachment 1 Resolution No. 2022-93 Attachment 2 Resolution No. 2022-93; Exhibit A Attachment 3 Notice of Public Hearing - Business Registration Liens Ward: All Synopsis of Previous Council Action: February 3, 2021 Mayor and City Council adopted Resolution No. 2021-18, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. February 5, 2020 Mayor and City Council adopted Resolution No. 2020-025, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. July 17, 2019 Mayor and City Council adopted Resolution No. 2019 -180, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. 5 Packet Pg. 88 Resolution No. 2022-93 Resolution 2022-93 May 18, 2022 Page 1 of 3 RESOLUTION NO. 2022-93 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES WHEREAS, section 5.04.76 of the San Bernardino Municipal Code requires whenever appropriate fees and penalties cannot be collected after proper notification to the owner, the total uncollected fees and penalties shall become an assessment; and WHEREAS, owners of properties listed in Exhibit “A” were issued a first notice, final notice, certified notice and a Lien Hearing notice of the rental property requirements for the City of San Bernardino. Due notice was given to the person or persons having an interest in said property and pursuant to the notice dated May 6, 2022, a hearing was held by the Mayor and City Council to hear protests and to assess the fees imposed on said property. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The matter having now come before the Mayor and City Council for confirmation of the imposition of the liens imposed, the fees set forth on Exhibit “A” are found to have been uncollectible after proper notification to the property/business owner pursuant to proceedings under Section 5.04.76 of the San Bernardino Municipal Code. SECTION 3. The statements of fees on file with the Finance Department are hereby confirmed and adopted as special assessment against the properties listed in Exhibit “A” hereto. SECTION 4. The Director of Finance is directed to remove paid liens and those addressed prior to the meeting of May 18, 2022, from Exhibit “A” prior to forwarding the list to the County. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 5.a Packet Pg. 89 Attachment: Attachment 1 Resolution No. 2022-93 Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees Resolution No. 2022-93 Resolution 2022-93 May 18, 2022 Page 2 of 3 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 5.a Packet Pg. 90 Attachment: Attachment 1 Resolution No. 2022-93 Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees Resolution No. 2022-93 Resolution 2022-93 May 18, 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. 2022-93, 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. 91 Attachment: Attachment 1 Resolution No. 2022-93 Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees Exhibit A ORDERNO FIRST NAME ADDRESS 1 CITY ST POSTAL CODE ADDRESS2 ACCT#APN AMOUNT PRIORTOLIEN WARD Mason Liu 1630 S Grove Ave Ste C Ontario CA 91761-4013 919 E 3rd St 948599 0279 281 49 378 228 1 Mix Assets Corp 313 S Armel Dr Covina CA 91722-3746 105 E 5th St 78207 0135 131 20 558 408 1 Hector M Lopez 1556 Union St San Bernardino CA 92411-2545 1119 W 5th St 7146 0138 192 17 450 300 1 Patrick Saunier 3923 W Meyers Rd San Bernardino CA 92407-1710 1142 W 5th St 60869 0138 124 21 594 444 1 Cameron & Fred Aguilar 13007 Elmcroft Ave Norwalk CA 90650-2673 169 W 6th St 76162 0135 093 54 594 444 1 Star Family Trust 8630 Cavel St Downey CA 90242-2632 981 W 7th St 78077 0138 071 03 546 396 1 Kevin Palestina 777 W 8th St San Bernardino CA 92410-2918 777 W 8th St 78084 0140 263 42 798 648 1 Ubaldo Lopez 621 N Eastwood Ave Santa Ana CA 92701-4201 708 W 9th St 78092 0140 134 09 1374 1224 1 Ubaldo Lopez 3280 Cashel Ln Corona CA 92882-6085 712 W 9th St 78043 0140 134 10 558 408 1 Maria Lopez 2116 La Verne Ave Highland CA 92346-2464 280 W 11th St 77957 0140 072 18 750 600 1 Carl Nelson 1087 N Arrowhead Ave San Bernardino CA 92410-3611 285 W 11th St 78197 0140 101 29 522 372 1 Ivan Van Hemerijck 25210 Noble Canyon St Corona CA 92883-3109 771 W 11th St 73492 0140 023 02 618 468 1 Miguel Cortez 760 S Earlham St Orange CA 92869-5401 979 W 11th St 73759 0139 131 05 618 468 1 Kuykendall Living Trust 23628 Lyons Ave # 157 Newhall CA 91321-2513 864 N Arrowhead Ave 65286 0140 213 07 368 216 1 Multifamily Millions LLC 33175 Temecula Pkwy # A918 Temecula CA 92592-7310 901 N Arrowhead Ave 969406 0140 161 22 1290 1140 1 Eric Ramirez 16 Ashby Cir Palm Springs CA 92262-1401 189 E Baseline St 65884 0140 082 07 1026 876 1 HR Fit LLC 7748 Hess Pl Unit 2 Etiwanda CA 91739-8676 225 Bryant St 78075 0135 252 05 522 372 1 Monte & Amos Sprewell Jr 833 Davidson Ave San Bernardino CA 92411-2733 833 Davidson Ave 60985 0139 243 04 618 468 1 David Friedman 395 N E St Ste 104 San Bernardino CA 92401-1537 377 N E St 75166 0134 241 67 510 360 1 David Friedman 395 N E St Ste 104 San Bernardino CA 92401-1537 379 N E St 74366 0134 241 65 1014 864 1 JSC Enterprises LLC/David Friedman 395 N E St Ste 104 San Bernardino CA 92399-4235 385 N E St 76864 0134 241 64 1086 936 1 Esteban Rojas 11453 Winter Pl Adelanto CA 92301-6026 1837 Fremontia Dr 78152 0147 173 01 534 384 1 Brothers Flips Investments LLC 8549 Donovan St Downey CA 90242-3613 532 N Gardena St 78169 0138 082 19 522 372 1 Pedro & Guadalupe Guzman 3643 Mears Ave Jurupa Valley CA 92509-1344 631 N Gardena St 57746 0138 013 04 720 570 1 Devinderpal Bhullar 5871 San Sevaine Rd Etiwanda CA 91739-2222 158 S Golden Ave 76940 0279 236 07 366 216 1 Ever Diaz 639 N H St San Bernardino CA 92410-3115 639 N H St 73865 0134 013 04 378 228 1 Sandoval Family Trust 511 W Phillips Blvd Pomona CA 91766-4437 835 N H St 46054 0140 192 29 416 266 1 Magdalena Nolasco Revocable Liv Tr 11105 Schmidt Dr El Monte CA 91733-2803 728 N Mayfield Ave 941283 0140 282 32 522 372 1 Tedora & Jose Gonzalez 1224 Phillippi St San Fernando CA 91340-1232 943 N Mayfield Ave 77816 0140 153 37 366 216 1 Kuykendall Living Trust 23638 Lyons Ave #157 Newhall CA 91321-2513 706 N Mountain View Ave 65549 0140 292 12 366 216 1 Krishna Land LLC 23535 Palomino Dr Ste 346 Diamond Bar CA 91765-1626 387 E Rialto Ave 78032 0136 302 12 594 444 1 Ratha Nop/Socheat Duong 1015 Alamitos Ave Long Beach CA 90813-3609 900 N Sierra Way 968494 0140 162 43 690 540 1 Ying Huang 33 California St Unit D Arcadia CA 91006-6547 1025 N Tippecanoe Ave 74468 0278 073 39 558 408 1 5.b Packet Pg. 92 Attachment: Attachment 2 Resolution No. 2022-93; Exhibit A (8937 : Imposing Liens on Parcels of Real Exhibit A Michael Carey/Ana Brown 1170 E Grand Blvd Corona CA 92879-2114 1025 N Tippecanoe Ave 78046 0278 072 44 522 372 1 Sonia James PO Box 41253 Eagle Rock CA 90041-0253 1025 N Tippecanoe Ave 73680 0278 072 46 690 540 1 Martin Jacinto/Caroline Ramirez 3420 Broadmoor Blvd San Bernardino CA 92404-2406 404 N Waterman Ave 947759 0135 144 13 366 216 1 D & Z Properties LLC 18001 Ventura Blvd Ste C Encino CA 91316-3592 905 N Waterman Ave 78173 0147 211 19 3465 3315 1 D & Z Properties LLC 18001 Ventura Blvd Ste C Encino CA 91316-3592 1003 N Waterman Ave 78172 0147 211 15 548 396 1 Star Family Trust 8630 Cavel St Downey CA 90242-2632 273 W 14th St 74036 0146 162 02 418 268 2 Feher Family Trust PO Box 79185 Corona CA 92877-0172 571 W 14th St 73316 0145 202 12 342 192 2 Osgood Living Trust PO Box 30121 San Bernardino CA 92413-0121 621 W 17th St 40331 0145 121 21 366 216 2 Cesar Sanchez 724 W 17th St San Bernardino CA 92405-4216 724 W 17th St 72179 0145 074 01 1038 888 2 Audrey Gonzalez 596 E 28th St San Bernardino CA 92404-3928 431 W 20th St 74472 0145 061 28 582 432 2 Dagmel Residential Properties 405 S Parish Pl Burbank CA 91506-2741 832 W 20th St 938245 0145 012 15 450 300 2 Dagmel Residential Properties 405 S Parish Pl Burbank CA 91506-2741 855 W 20th St 8869 0145 041 05 450 300 2 Aracely, Antonio, Kathleen Uribe 245 S Prospect Ave San Bernardino CA 92410-2428 463 W 21st St 78200 0145 032 16 522 372 2 Juan C Murillo 25820 26th St San Bernardino CA 92404-3434 2166 E Amanda St 941219 1191 161 67 522 372 2 David Landeros 12425 Norton Ave Chino CA 91710-2104 1600 N Arrowhead Ave 77981 0145 132 27 930 780 2 Kaylas Olagunju/Lapresha Davis 700 W 35th Apt 217 Garden City GA 31415-0000 1725 N Arrowhead Ave 76709 0146 072 03 618 468 2 Royal Palms Highland Associates PO Box 1597 Manhattan Beach CA 90267-1597 2568 Baseline St 27210 1191 201 16 4324 4174 2 Martin Rivera 3680 Snowdrift Dr Riverside CA 92503-4518 1224 Crestview Ave 68741 0147 131 06 450 300 2 Peter Perez 16731 Greenview Ln Huntington Beach CA 92649-3710 1588 N E St 78114 0145 124 27 570 420 2 Bobbie Joe Wheeler Living Trust PO Box 21018 San Bernardino CA 92406-0218 563 W Evans St 60910 0145 173 14 480 330 2 Robert Culp 8446 Culp Alta Loma CA 91701-1337 1703 Garden Dr 943257 0147 232 19 354 204 2 Penny More LLC 2086 S E St Ste 100 San Bernardino CA 92408-2738 2931 Garner Ave 75612 0148 263 07 750 600 2 Yireh Holdings INC 9630 Par Pl Pico Rvera CA 90660-6410 2031 Genevieve St 78051 0146 046 09 720 570 2 Gerardo Torres 1585 N H St San Bernardino CA 92405-4317 1585 N H St 61888 0145 152 04 606 456 2 Luis & Jose Hernandez 1893 Kingsford Dr Corona CA 92878-4411 627 W Highland Ave 76507 0145 021 23 594 444 2 Martin Prado 815 W Highland Ave San Bernardino CA 92405-3840 815 W Highland Ave 78024 0145 011 10 1074 924 2 Eagle Knight Ventures llc/Y&s Ventures PO Box 2856 Fontana CA 92334-2856 1780 E Highland Ave 78212 0150 441 27 606 456 2 Eligio Ortega 398 S La Verne Ave Los Angeles CA 90022-1933 1477 N Lugo Ave 68823 0146 172 10 582 432 2 Adolf Chavez/Moises Delgado 1480 N Lugo Ave Apt B San Bernardino CA 92404-5272 1480 N Lugo Ave 965431 0146 171 18 366 216 2 Osgood Living Trust PO Box 30121 San Bernardino CA 92413-0121 1911 N Lugo Ave 40330 0146 052 01 366 216 2 Jose Santoyo 1565 N Mountain View Ave San Bernardino CA 92405-4606 1565 N Mountain View Ave 74046 0146 133 52 546 396 2 Jose Ortega 2119 N Mountain View Ave San Bernardino CA 92405-4005 2119 N Mountain View Ave 78008 0146 013 03 594 444 2 Trevor & Joan Pereira 1720 N Sierra Way San Bernardino CA 92405-4161 1720 N Sierra Way 78068 0146 078 17 582 432 2 Ignocio Castellanos 762 W Trenton St San Bernardino CA 92405-4230 762 W Trenton St 78184 0145 103 17 1038 888 2 5.b Packet Pg. 93 Attachment: Attachment 2 Resolution No. 2022-93; Exhibit A (8937 : Imposing Liens on Parcels of Real Exhibit A 441 INC 5305 Via Cervantes Yorba Linda CA 92887-3125 674 Birch Ct 50398 0136 162 42 378 228 3 Isidro Lemus 3089 Cardamon St Rialto CA 92376-7245 3089 Cardamon St 76854 0142 633 12 618 468 3 Baltazar Arevalo 1330 Chestnut St San Bernardino CA 92410-2236 1330 Chestnut St 57495 0137 152 13 594 444 3 Angel Chairez 3118 N Macy St San Bernardino CA 92407-6334 221 S Dallas Ave 51511 0142 581 02 594 444 3 Angel Chairez 7832 San Benito St Highland CA 92346-6350 234 S Dallas Ave 51514 0142 571 11 570 420 3 Devashish & Tia Chakma/Kirti & Ranjita Chakma 6548 Summertrail Pl Highland CA 92346-6062 1594 E Davidson St 71077 0281 141 55 332 182 3 Vincent Page PO Box 51900 Riverside CA 92517-2900 1930 S E St 27970 0141 372 08 1920 1770 3 Sunethra & Michael Sanders 10924 Running Quail Rd Yucaipa CA 92399-9454 111 Eaton Ct 58478 0141 481 80 378 228 3 441 INC 5305 Via Cervantes Yorba Linda CA 92887-3125 395 S G St 56763 0136 162 41 378 228 3 Ricardo Milian/Cornelia Betancourt 1464 Gould St San Bernardino CA 92408-2976 1464 Gould St 70899 0281 122 62 594 444 3 Joy Chakma 6548 Summertrail Pl Highland CA 92346-6062 1517 Gould St 60001 0281 141 52 384 384 3 TAH 2018-1 Borrower LLC PO Box 15086 Santa Ana CA 92735-0086 1096 Grant Ave 75230 0141 142 01 450 300 3 Jalisco Trust 5570 W Phillips Blvd Montclair CA 91762-4637 2216 Greenwood St 75093 0142 252 14 446 396 3 Paul Rivas Revocable Trust PO Box 2202 Orange CA 92859-0202 1657 Hardt St 74455 0281 273 16 546 396 3 Brigita & Samue Simamora 1230 W Cypress Ave Loma Linda CA 92373-5726 1894 Hardt St 77975 0281 282 09 762 612 3 Jagmohan& Irene Gill 2342 Huff St Colton CA 92324-6839 2342 Huff St 66463 0142 691 63 750 600 3 Billy & Cynthia Pratt 7231 Boulder Ave #406 Highland CA 92346-3313 405 Industrial Rd 73280 0141 581 05 930 780 3 Gabriel Murillo 2153 Palermo Ct Orange CA 92867-6428 844 S Lassen Ave 8331 0142 671 57 690 540 3 Rogelio Cerda 1980 N Pershing Ave San Bernardino CA 92405-4140 909 S Lincoln Ave 73465 0136 412 10 342 192 3 Karla Romero 1343 Oak St San Bernardino CA 92410-2237 1343 Oak St 956592 0137 152 02 366 216 3 Lizette Navarette 2715 Pleasant Ct Rialto CA 92376-7228 2715 Pleasant Ct 950804 0142 771 22 590 444 3 Pedro Rosales 2024 E 105th St Los Angeles CA 90002-3713 1263 Poplar St 947077 0137 132 08 690 540 3 Nancy Mejia 4402 Moonstone Dr Los Angeles CA 90032-2521 832 S Rexford St 75756 0142 632 32 618 468 3 Merlina Tangunan 1575 S Tippecanoe Ave San Bernardino CA 92408-2947 1605 Richardson St 47983 0281 231 23 388 238 3 Guadalupe & Leopoldo Ruedas 11337 Pepper Ln Beaumont CA 92223-7439 825 S Sunnyside Ave 6739 0280 231 42 690 540 3 Jose Garcia 394 S Tamarisk Ave Rialto CA 92376-6732 394 S Tamarisk Ave 62739 0142 551 10 522 372 3 Tricia & Victor Page PO Box 51900 Riverside CA 92517-2900 1565 S Tippecanoe Ave 69803 0281 112 28 354 204 3 CMG Assets-6 LLC 7950 Cherry Ave Ste 104 Fontana CA 92336-4023 3459 20th St 80061 1191 313 07 480 330 4 Mason Liu 1630 S Grove Ave Ste C Ontario CA 91761-4013 283 E 41st St 71046 0154 254 09 342 192 4 Abelardo Rios Cuevas/Flavio Perez 25419 Edgemont Dr San Bernardino CA 92404-2813 219 E 45th St 70440 0154 202 25 690 540 4 Fabiloa Mondragon/Juan Medrano/Victor Montesinos 3556 Citrus St Highland CA 92346-1919 3556 Citrus St 76769 0285 351 37 582 432 4 Apolinar Aguilar 1132 E 24th St San Bernardino CA 92404-4129 2419 Cymbidium Ct 69533 0155 181 06 594 444 4 Luis Martinez/Lesly Diaz 694 S Pampas Ave Rialto CA 92376-7129 3171 Dumbarton Ave 78023 0285 711 11 570 420 4 Lorna Di Davide PO Box 3832 San Bernardino CA 92413-3832 1974 E Lynwood Dr 70527 0272 372 47 950 800 4 5.b Packet Pg. 94 Attachment: Attachment 2 Resolution No. 2022-93; Exhibit A (8937 : Imposing Liens on Parcels of Real Exhibit A Jose Cruz 1112 Mesa Verde Ave San Bernardino CA 92404-1838 1112 Mesa Verde Ave 67663 0153 323 25 594 444 4 Michael Tamayo 7175 Green Glen Ct Etiwanda CA 91739-9661 4081 N Mountain View Ave 74295 0154 241 17 960 810 4 Elizabeth Cobb 3100 Van Buren Blvd Apt 117 Riverside CA 92503-5626 1084 Northpark Blvd 78136 0154 751 06 822 672 4 Michael Phillips 3805 Orchid Dr Highland CA 92346-2250 3805 Orchid Dr 76777 1199 161 09 720 570 4 Osgood Living Trust PO Box 30121 San Bernardino CA 92413-0121 3965 Orchid Dr 40325 1199 161 05 366 216 4 Chandara Soeun 31938 Temecula Pkwy Ste A382 Temecula CA 92592-6810 3511 Rainbow Ln 75338 1191 316 44 474 324 4 Adam Castaneda 5823 Green Pine Ct Etiwanda CA 91739-2240 3946 Severence Ave 64608 0271 051 16 750 600 4 Liliana Galvan/Lisa Guerra 1300 N Mountain View Ave San Bernardino CA 92405-4912 440 Skylark Dr 75630 0271 513 13 378 228 4 Maria & Alvaro Rochin 60346 Overture Dr Palm Springs CA 92262-1035 1421 Sonora St 7004 0155 021 48 522 372 4 Pine Mountain Development LLC 26569 Community Center Dr Highland CA 92346-6712 2704 Valmar Cir 919661 0285 861 37 510 360 4 Daniel David Jr 29812 Havenwood Ln Highland CA 92346-6260 5242 Yosemite Dr 52681 0154 544 13 354 204 4 Rashida Begum/Mohammad Wasim 11355 Lee Ave Adelanto CA 92301-1841 1380 W 48th St 78030 0266 402 05 1086 936 5 Dagmel Residential Properties 405 S Parish Pl Burbank CA 91506-2741 5034 Alta Dr 68091 0266 332 53 378 228 5 Damon Poliakon/Jennifer Quiroz 6476 Alexis Ct San Bernardino CA 92407-2178 6475 Bethany Way 68596 0261 581 42 480 330 5 Raeshelle Smity 1704 Via Verde Dr Rialto CA 92377-3745 5025 Cambridge Ave 78192 0266 453 03 534 384 5 Dagmel Residential Properties 405 S Parish Pl Burbank CA 91506-2741 2234 Cincinnati Ct 62951 0261 441 15 450 300 5 Casa De Vista Associates PO Box 1597 Manhattan Beach CA 90267-1597 3606 N E St 20374 0152 012 09 378 228 5 Eric & Cecelia Catlin 8259 Malvern Ave Rancho Cucamonga CA 91730-3742 1400 W Edgehill Rd Apt 11 65433 0148 372 11 342 192 5 TKL Cali Home LLC 313 E Virginia St Rialto CA 92376-3673 1440 W Edgehill Rd 78050 0148 371 25 618 468 5 Tom Jageshar 2353 Ohio St San Bernardino CA 92407-4060 6595 Escena St 75005 0261 541 14 378 228 5 Cheriese Wilson 2103 Porter Way Sacramento CA 95825-0249 1460 Kendall Dr Unit 21 77632 0266 412 21 342 192 5 Priya & Rajesh Sodhi 11809 Cetona Way Porter Ranch CA 91326-4606 1460 Kendall Dr Unit 23 9224 0266 412 23 306 156 5 Dagmel Residential Properties 405 S Parish Pl Burbank CA 91506-2741 1443 Lake Placid Dr 67439 0266 501 25 480 330 5 Jennifer Jagerson/Jagerson Living Tr 1778 Western Ave Norco CA 92860-2848 3246 Mira Monte Dr 969316 0151 261 26 510 360 5 Si Woo Sung/Eunsil Sung 10655 Lemon Ave Apt 2504 Rancho Cucamonga CA 91737-6961 1465 Northstar St 942678 0266 503 53 534 384 5 Us Banks Trust NA 3630 Peachtree Rd NE Ste 1500 Atlanta GA 30326-1598 3725 Ridge Line Dr 76260 0266 681 11 480 330 5 Brad Dunn Family Trust PO Box 825 Bridgeport CA 93517-0825 3056 Roberds Ave 76302 0148 313 06 522 372 5 Celino Ho 2708 Warren Way Arcadia CA 91007-8446 2064 W Sycamore St 78001 0151 351 01 720 570 5 Dagmel Residential Properties 405 S Parish Pl Burbank CA 91506-2741 4957 Vail Ln 68979 0266 332 34 354 204 5 Chlef Investments INC 869 E Foothill Blvd Rialto CA 92376-5229 6562 N Youngstown Ln 73348 0261 581 13 342 192 5 Nora N Hernandez Sanchez 655 Perris St San Bernardino CA 92411-2821 1387 W 10th St 933804 0139 172 12 540 390 6 SB Pod I LLC 592 E Baseline San Bernardino CA 92410-0000 1239 W 14th St 50439 0144 191 04 1692 1542 6 Kenneth Morning 25810 Avalon Ave San Bernardino CA 92404-3409 1456 W 14th St 58761 0143 123 19 366 216 6 Geovanni Hernandez 821 E D St Colton CA 92324-2604 1129 W 17th St 77822 0144 082 05 720 570 6 5.b Packet Pg. 95 Attachment: Attachment 2 Resolution No. 2022-93; Exhibit A (8937 : Imposing Liens on Parcels of Real Exhibit A Ceferino Angulo 2159 E Amanda St San Bernardino CA 92404-6104 1213 W 17th St 75491 0144 111 03 342 192 6 Daniel Jara 1690 W 19th St San Bernardino CA 92411-1105 1690 W 19th St 78159 0143 191 40 534 384 6 Guadalupe Guerrero 1835 W 20th St San Bernardino CA 92411-1112 1835 20th St 963964 0143 284 08 480 330 6 Juan Vega-Lopez 325 Cordova St Apt 101 Pasadena CA 91101-4688 1666 W 27th St 72078 0268 315 38 1026 876 6 Jose Hernandez 2271 Portoal St San Bernardino CA 92407-6040 1766 W 28th St 9007 0268 412 19 618 468 6 Aliza-Abootorab Revocable Family Tr PO Box 1159 Bannockburn IL 60015-6002 1301 W Baseline St 76501 0139 063 12 2341 2191 6 Patricia Williams-Reed 1631 Clyde St San Bernardino CA 92411-0945 1631 Clyde St 69850 0269 371 69 534 384 6 Katherine Galvan 1430 S Grand Ave Ste 323 Glendora CA 91740-5400 1442 Colorado Ave 77994 0143 301 08 1026 876 6 Claudette M Goode 1634 Turrill Ave San Bernardino CA 92411-1442 1221 Cummings Way 42216 0144 112 12 606 456 6 Centurion One Investments INC 2374 N Apple Ave Rialto CA 92377-4616 2582 Etiwanda Ave 73887 0142 461 16 378 228 6 Ronald & Wanda Reid PO Box 7122 San Bernardino CA 92411-0122 2864 Etiwanda Ave 66304 0142 414 16 378 228 6 Armando Gonzalez 979 W 11th St San Bernardino CA 92411-2305 2014 W Gilbert St 67995 0143 295 21 480 330 6 Kien Truong/Betty Phung 1230 S South Hills Dr West Covina CA 91791-3954 1170 Hancock St 65505 0139 032 17 594 444 6 Lucia & Mariano Avila 8251 Cypress Ave Fontana CA 92335-3425 1065 Magnolia Ave 964201 0144 174 07 450 300 6 Ruben & Pamela Perez 3530 June St San Bernardino CA 92407-6027 1136 Magnolia Ave 929491 0144 171 20 618 468 6 Del Puerto LLC 9112 Lubec St Downey CA 90240-3412 1970 Ostrems Way 78110 0266 561 02 1142 992 6 Trinidad Menor Jr 11592 Old Field Ave Fontana CA 92337-1229 1650 Perris St 80069 0144 122 09 750 600 6 Ricardo Castellon 1622 Hudson Ave San Bernardino CA 92404-6155 1665 Porter St 69921 0268 315 05 594 444 6 Thomas Hernancez 1666 Porter St San Bernardino CA 92407-6742 1666 Porter St 69962 0268 314 37 570 420 6 Maria & Serafin Gomez 10821 Pine Ave Lynwood CA 90262-2330 1215 Reece St 68049 0144 193 11 354 204 6 Kriss Merida 3693 N Mountain View Ave San Bernardino CA 92405-2209 1670 Turrill Ave 75202 0144 113 06 558 408 6 857 W 23rd Street Trust 4533 W 162nd St Lawndale CA 90260-2842 857 W 23rd St 74169 0149 191 25 762 612 7 Dagmel Residential Properties 405 S Parish Pl Burbank CA 91506-2741 1031 W 23rd St 938240 0148 241 03 366 216 7 Osgood Living Trust PO Box 30121 San Bernardino CA 92413-0121 1235 E 25th St 40326 0150 433 11 366 216 7 Vanessa Ramos 2637 28th St Highland CA 92346-2025 2637 28th St 76613 0285 492 09 690 540 7 Michael Alvarez 1129 California St Crescent City CA 95531-2244 379 W 29th St 78151 0149 083 03 1086 936 7 William & Lidia Stevens 7828 Boxwood Ct Highland CA 92346-5755 1073 E 29th St 6478 0150 352 15 618 468 7 Sandra Flores 968 Murchison Ave Pomona CA 91768-2305 536 W 33rd St 960780 0152 102 15 510 360 7 Miguel Villalba/Grettel Esparza 464 W 34th St San Bernardino CA 92405-2474 464 W 34th St 77963 0152 081 26 930 780 7 Dagmel Residential Properties 405 S Parish Pl Burbank CA 91506-2741 515 E 40th St 61901 0154 394 06 378 228 7 Andre Lathon 310 N Indian Hill Blvd PMB 406 Claremont CA 91711-4611 619 E 40th St 64705 0154 421 04 606 456 7 Gabriel & Leighann Reyes 223 Country Club Dr Calimesa CA 92320-1165 3056 Broadmoor Blvd 78191 0153 141 05 1062 912 7 Raed Odeh 22366 Scarlet Sage Way Moreno Valley CA 92557-5917 2478 Cedar St 9546 0150 342 36 366 216 7 Steven James Fay 1789 Capri Ave Mentone CA 92359-1139 2762 Conejo Dr 954161 0272 111 24 366 216 7 5.b Packet Pg. 96 Attachment: Attachment 2 Resolution No. 2022-93; Exhibit A (8937 : Imposing Liens on Parcels of Real Exhibit A JBSR LLC 1390 W 6th St Ste 126 Corona CA 92882-3539 2268 Genevieve St 76974 0150 211 31 534 384 7 Jenny Garcia & Jose Rosales 6127 Sevenoaks St Chino Hills CA 91709-3223 3012 Genevieve St 76338 0152 213 12 450 300 7 Dale & Lynne Harris Rev Tr 5181 Mountain Springs Ranch Rd La Verne CA 91750-1054 148 E Highland Ave 28787 0150 241 67 366 216 7 Connie Martir 2924 N Sierra Way San Bernardino CA 92405-3558 2924 N Sierra Way 77965 0150 023 18 690 540 7 Hilda & Oscar Trejo 3152 N Sierra Way San Bernardino CA 92405-2543 3154 N Sierra Way 63254 0152 184 07 834 684 7 Star Ft Property LLC 2135 N Timbergrove Rd Orange CA 92867-2483 2835 Wall Ave 78029 0150 062 10 1050 900 7 5.b Packet Pg. 97 Attachment: Attachment 2 Resolution No. 2022-93; Exhibit A (8937 : Imposing Liens on Parcels of Real Type Description Amount DAILY JOURNAL CORPORATION LEGAL ADVERTISING P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026 PHONE: (213) 229-5300 FAX (213) 229-5481 FEDERAL TAX ID:95-4133299 Date Customer Account Number Customer Payment Reference Special Project Order No Page 1 of 1 Invoice NumberCALIFORNIA NEWSPAPER SERVICE BUREAU Ordered by: For payment processing, please forward to: DUE UPON RECEIPT. INVOICE B3582873 5/6/2022 03-027 1124119954 290 NORTH D ST. SAN BERNARDINO, CA 92401 USA 290 NORTH D ST. SAN BERNARDINO, CA 92401 USA DIANE GRANT CITY OF SAN BERNARDINO CITY CLERK ACCOUNTS PAYABLE CITY OF SAN BERNARDINO CITY CLERK 54.96 05/06/202289900 SAN BERNARDINO COUNTY SUN HRGSB NOTICE OF HEARING-SB NOTICE OF PUBLIC HEARING - BUSINESS REGISTRATION LIENSInvoiceB3582873 54.96$ 2.29 * 24 AgateLines * 1 Ins * 1 Cols To pay online, go to adtech.dailyjournal.com/payment Invoice Date Government Advertising - Division 1124 Invoice Number Customer Number Amount Due DAILY JOURNAL CORPORATION ATTN: ACCOUNTS RECEIVABLE PO BOX 54026 LOS ANGELES, CA 90054-0026 54.96 Payment:0.00 Total: Please Pay: PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT. CALIFORNIA NEWSPAPER SERVICE BUREAU 54.96 54.96 1124119954B35828735/6/2022 SAN BERNARDINO, CA 92401 USA 290 NORTH D ST. CITY OF SAN BERNARDINO CITY CLERK ACCOUNTS PAYABLE Please make check payable to: Daily Journal Corporation !A000006015158!invoice with your payment. For account support, 2132295584.or call: anthony_gutierrez@dailyjournal.complease email: on your check. Also, please detach and return this portion of the To ensure proper credit please write your account number 1124119954 5.c Packet Pg. 98 Attachment: Attachment 3 Notice of Public Hearing - Business Registration Liens (8937 : Imposing Liens on Parcels of Real Property for This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3582873 DIANE GRANT CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA - 92401 HRGSB - NOTICE OF HEARING-SB Notice of Public Hearing - Business Registration Liens I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 05/06/2022 05/09/2022 SAN BERNARDINO !A000006015159! Email CITY OF SAN BERNARDINO - NOTICE OF PUBLIC HEARING IS HEREBY GIVEN to the general public that on Wednesday,May 18, 2022 at 7:00 PM the City of San Bernardino's City Council will conduct a Public Hearing at Feldheym Public Library,located at 555 W 6th St,San Bernardino,CA 92410 regarding Business Registration Liens.Information regarding accessing and participating will be provided on the City Council Agenda and published on the City of San Bernardino's website. 5/6/22 SBS-3 582873# 5.c Packet Pg. 99 Attachment: Attachment 3 Notice of Public Hearing - Business Registration Liens (8937 : Imposing Liens on Parcels of Real Property for Page 1 Public Hearing City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Presentation of the Proposed Fiscal Year 2023 & Fiscal Year 2024 Budget Recommendation It is Recommended that the Mayor and City Council of the City of San Bernardino receive the proposed budget for Fiscal Years 2023 & 2024 and the proposed Capital Improvement Program for 2023-2027 and provide direction to staff. Background Section 701 of the City Charter provides that the City Manager shall prepare and submit to the Mayor and City Council for the ensuing fiscal year, a proposed budget. The Budget provides a financial plan of all City funds and activities for the upcoming fiscal year and includes a multi-year capital plan. This year, the City will propose a new biennial budget that encompasses Fiscal Years 2023 & 2024. The budget process kicked off in early 2022, where direction was provided to departments to submit proposed budgets for review. Meetings with Departments, the Finance Department, and the City Manager’s Office to review departmental submittals have been on-going since that time. Further, the Council has held two budget workshop meetings to address priorities for the included proposed budget. These meetings were held on March 31, 2022 and April 26, 2022. Today’s public hearing will present the proposed budget and the following discussion with Council will provide direction to staff. Discussion The purpose of the public hearing this evening is a review and discussion of the proposed biennial budget for Fiscal Year 2023 and Fiscal Year 2024 (Attachment 1). The proposed budget contains a full review of the estimated available resources and the recommended allocation of these resources. The budget document presents an in - depth look at the programs and services provided by the city, and allows the Mayor and City Council to make critical policy decisions. Following years of economic struggles, the City of San Bernardino has experienced a period of growth. Over the course of the last fiscal year, following a period of steady revenue growth the City focused on restoring and enhancing service levels. This 6 Packet Pg. 100 8943 Page 2 proposed budget reflects the alignment of the 2021-2025 Mayor & Council Strategic Goals with the ongoing operational needs of the department and the community. The main tenants of these goals are to improve operational and financial capacity, develop focused, aligned and unified community leadership, improve quality of life and enhance our economic growth and development. In aligning these priorities with our funding opportunities, the benefits and impact deliver outcomes that are real and tangible. The City and staff remain committed to continuing to deliver excellent programs and services and will continue moving forward many of the new programs and projects that were funded through the previous fiscal year. In fact because the City added so many new initiatives over Fiscal Year 2022, there are not many major new additions within this proposed budget in an effort to maintain what we have already funded. As the budget process is a reflection of the ongoing direction from the Mayor & Council, the iterative process of reviewing and adjusting the budget will continue throughout the fiscal year. Further, in an effort to ensure transparency in the budgeting process, the City of San Bernardino has made the full proposed budget available online through our partners at OpenGov here: https://tinyurl.com/yckn4bcr Proposed Fiscal Year 2023 & Fiscal Year This site allows members of the community to fully explore the proposed budget by department, learn more about the components of the budget and view visual representations of the breakdowns of expenditures. Operating Budget The Proposed Operating Budget presented to the Mayor and Council reflects a projected $192,495,097 in general fund revenue and $187,036,712 in general fund expenditures in Fiscal Year 2023. Similarly, in Fiscal Year 2024 the proposed budget projects general fund revenues of $195,300,847 and expenditures of $191,487,188. The proposed budget anticipates a small general fund surplus of $5,458,385 in Fiscal Year 2023 and $3,813,659 in Fiscal Year 2024. The proposed budget also maintains the required funding for the emergency and economic contingency reserves. The breakdown of the general fund revenues, expenditures and surplus are provided below in the table. 6 Packet Pg. 101 8943 Page 3 FY 2023 & FY 2024 General Fund Overview Adopted Budget 2021/22 Amended Budget 2021/22 Year-End Projections 2021/22 Proposed Budget FY 22/23 Proposed Budget FY 23/24 Beginning General Fund Balance 33,822,411$ 66,703,835$ 66,703,835$ 67,518,467$ 73,171,851$ Plus: Reserve for Carryovers 2,215,990$ 2,215,990$ -$ -$ Total Available Beginning Fund Balance 7/1/22 33,822,411$ 68,919,825$ 68,919,825$ 67,518,467$ 73,171,851$ Revenues 174,416,673 178,242,465 186,872,097 192,495,097 195,300,847 Expenditures (179,124,684) (187,450,809) (188,273,455) (186,841,712) (191,470,188) Projected General Fund Operating Surplus /(Deficit)(4,708,011) (9,208,344) (1,401,358) 5,653,385 3,830,659 Projected General Fund Reserve 29,114,400$ 59,711,481$ 67,518,467$ 73,171,851$ 77,002,510$ Fund Balance Designations Operating Reserve: Emergency Reserve - 15% of Adopted Budget 26,868,703 28,117,621 28,241,018 28,026,257 28,720,528 Economic Contingency Reserve - 10% of Adopted Budget 2,245,698 31,593,859 39,277,448 45,145,595 48,281,982 Sub - Total Budgeted Reserves 29,114,400 59,711,481 67,518,467 73,171,851 77,002,510 - - - Projected General Fund Reserves 6/30/22 29,114,400$ 59,711,481$ 67,518,467$ 73,171,851$ 77,002,510$ City of San Bernardino Fiscal Year 2023 & 2024 General Fund Budget Forecast General Fund Revenue The proposed budget includes general fund revenues of $192,495,097 in Fiscal Year 2023 and $195,300,847 in Fiscal Year 2024. This represents an increase of over 10% in revenue growth from the adopted budget in Fiscal Year 2022. There are several economic factors that impact the growth trends the City is currently experiencing and will continue to be monitored closely throughout the year. General fund revenue is comprised of several categories including charges for service, fines, intergovernmental, and taxes. The largest percenta ge of revenue in the general fund comes from sales tax. Various economic conditions drive sales tax, which has seen historically high numbers during the economic recovery of 2021 and early 2022. Based on the review of fourth quarter economic data from 2021 and the forecasts for the remainders of 2022 and into 2023, the City should expect to see some continued growth in sales tax driven by the higher demand for goods and services. However, this growth will likely decelerate and return to pre-pandemic levels beginning in early 2023. Based on these factors, the proposed budget projects that in Fiscal Year 2023 sales tax will bring in $50 million and in Fiscal Year 2024 $51,500,000. Although similar to sales tax, Measure S is a new revenue stream that lacks years of trend data on which to rely. While the structure of Measure S is like that of the previously imposed Measure Z tax, the allocation of the tax at the State level has changed significantly since the City adopted Measure S, making previous trend data irrelevant. Staff uses available economic reports, trends and forecasts of consumer spending, and local economic development information to develop forecasts. The preliminary forecast in this report includes the assumption that sales tax, including 6 Packet Pg. 102 8943 Page 4 Measure S receipts, will contract with a normalization of consumer spending. Based on these factors and general economic trends, the proposed budget includes a projected $46 million in both Fiscal Year 2023 and 2024. The City continues to see positive signs in economic and community development that result in higher revenues, particularly in our licensing, permitting and plan review. The proposed budget includes a nearly $2 million increase in Charges for Service from the previously adopted budget and over $500,000 increase in licenses and permits. Alongside the development activity, the City anticipates to see a slight increase in property tax revenues closer to pre-pandemic levels and account for new developments within the city. While not a major contributor to o verall general fund revenue, the City is seeing an increase in revenue from Cannabis as well as in other taxes, which includes the Transient Occupancy Tax. Another important note is that the city recently entered into an agreement to complete a comprehensive review of all fees and charges for service. As part of this process, all fees will be evaluated against the actual cost to deliver services. While some fees and charges for service may remain relatively flat, it is likely that the report and recommendations will lead to an increase in fees and therefore also revenues during Fiscal Year 2023. FY 2021/22 FY 2021/22 FY 2021/22 FY 2023 FY 2024 Adopted Amended Year-End Proposed Proposed Description of Revenue Budget Budget Projections Budget Budget Charges for services 6,140,420 7,540,420 8,093,763 8,112,400 8,372,650 Fines and forfeitures 1,478,500 1,478,500 751,081 1,365,500 1,417,500 Franchise Tax 11,781,000 11,781,000 11,597,584 11,781,000 11,781,000 Impact fees - - - - Intergovernmental 2,243,602 2,746,947 1,686,496 2,357,000 2,372,000 Investment income 500,978 500,978 809,805 525,000 525,000 Licenses & permits 11,858,000 11,858,000 12,332,638 12,430,000 12,743,000 Measure S 41,016,456 41,016,456 48,730,876 46,000,000 46,000,000 Miscellaneous 2,766,037 2,778,037 409,998 3,688,697 3,709,697 Other Taxes 5,582,816 7,493,263 7,749,307 7,656,000 7,816,000 Property Taxes 19,267,608 19,267,608 19,991,785 22,500,000 23,000,000 Sales and Use Tax 45,391,210 45,391,210 45,266,161 50,000,000 51,500,000 Cannabis Revenue 2,910,446 2,910,446 5,155,726 4,120,000 4,620,000 Use of Money and Property 779,600 779,600 779,600 529,000 554,000 Utility Users Tax 22,700,000 22,700,000 23,517,277 21,430,500 20,890,000 Grand Total Revenues 174,416,673$ 178,242,465$ 186,872,097$ 192,495,097$ 195,300,847$ City of San Bernardino Fiscal Year 2023 and Fiscal Year 2024 General Fund Revenues General Fund Expenditures The proposed operating budget recommends $187 ,036,712 in general fund expenditures for Fiscal Year 2023 and $191,487,188 in Fiscal Year 2024. This 6 Packet Pg. 103 8943 Page 5 represents just over a 4% increase from the adopted budget for Fiscal Year 2022, and encompasses many of the added programs and enhanced service levels that were funded throughout the fiscal year. Several factors contribute to the overall increases that touch every department. The biggest factor being the economy. The economy is currently operating in a period of significant inflation that impacts nearly every aspect of service delivery. The costs of goods and services continues to go up in nearly every contract. Further, during Fiscal Year 2021/22 the City completed and implemented a complete salary and compensation study. The outcome of that review was that nearly all salary and benefits were adjusted through the negotiation of new agreements with the City's labor units. The staff that serve the City of San Bernardino are a vital resource and this was an important step to ensure that our compensation and benefit packages remained competitive in the marketplace. The collective impact of new positions, alongside these adjustments in salaries and benefits is felt in the general fund expenditures operating budget. The summary of the proposed general fund departmental expenditures are in the table below. FY 2021/22 FY 2021/22 FY 2021/22 FY 2023 FY 2024 Department Adopted Amended Year-End Proposed Proposed Budget Budget Projections Biennial Budget Biennial Budget 010 Mayor 367,096 367,096 368,927 376,056 316,687 020 City Council 836,795 869,289 875,541 927,307 954,404 030 City Clerk 1,540,453 1,603,512 1,624,324 1,483,646 1,583,650 050 Legal Services 2,836,729 2,836,729 3,837,447 3,175,512 3,309,855 090 General Government 9,093,654 9,168,654 9,173,537 15,617,423 15,130,814 100 City Manager 1,738,851 1,727,696 1,843,263 2,317,274 2,387,033 110 Human Resource 2,003,587 2,477,929 2,489,770 2,504,411 2,583,763 120 Finance 4,909,915 5,137,836 5,025,468 5,979,907 6,196,951 150 Assessment Districts 138,000 138,000 138,000 150,000 150,000 160 Capital Projects 25,720,000 25,770,094 22,458,485 5,000,000 2,000,000 180 Community & Economic Development 7,584,317 9,430,041 9,420,515 9,635,009 9,860,020 210 Police 92,622,058 94,895,689 96,683,377 106,179,126 112,412,411 380 Parks Recreation & Community 4,747,495 4,973,860 5,017,108 4,584,329 4,571,846 400 Public Works 22,240,480 25,044,783 26,456,114 26,477,732 27,321,166 470 Library 2,745,256 3,009,601 2,861,581 2,628,980 2,708,588 Total Expenditures 179,124,684 187,450,809$ 188,273,455$ 187,036,712$ 191,487,188$ City of San Bernardino Fiscal Year 2023 & 2024 General Fund Expenditures A full breakdown of all department expenditures can be found on the department detail pages within the proposed budget. The following summaries account for only some of the key causes for significant increases within the departments: Mayor & City Council Increases in the City Council budget are due to slight increases in salaries for the support staff positions, as well as modest increases that were approved in Fiscal Year 2022 for postage and meetings and conferences for members of the Council. There is a decrease in Fiscal Year 2024 due to the reduced salary level for the mayor’s position. 6 Packet Pg. 104 8943 Page 6 City Clerk The City Clerk has no major additions to the budget and in fact sees a slight decrease in the total budget in Fiscal Year 2023 due to a contract for districting that will expire as the project has closed out. Legal Services The Legal Services department includes contracted City Attorney services as well as outside legal team services. The increase in both Fiscal Year 2023 & Fiscal Year 2024 is due to the increase in cost for outside legal services and the increase in litigation requiring specialty legal services. General Government General Government is not an official department within the city, but it is captured as a department in the city’s operating budget to account for programs an d expenditures that touch all departments or don’t fit anywhere else in the organization. Within general government, there is a non-departmental program, neighborhood services, and a small portion of the Violence Intervention Program is paid here. The most significant increase between Fiscal Year 2021/22 to Fiscal Years 2023 & 2024 is the transfer of all utilities from other departments into general government. This allows for a more streamlined approach to tracking and accounting for utility costs within t he organization. In General Government, there are also transfers out to other funds such as animal services that help account for the deficit between that departments planned revenues and expenditures. City Manager’s Office During Fiscal Year 2021/22 the City Manager’s office added three analyst positions which accounts for the increase in expenditures. They also anticipate a slight increase contractual professional services. Human Resources The Human Resources Department is focused on improving and expanding employee engagement programs, including significant increases to the Tuition Reimbursement program (increased by $45,000), and employee recognition program increased by $25,000. There is also a significant increase in the budget for employee training (increase of $80,000). Finance Similar to other departments, the largest increase in finance is due to personnel costs. For example, in Fiscal Year 2021/22 the Finance Department created a new grants division team that is focused on supporting the grants development for the city as well as in the successful management and financial tracking of grants against local, state and federal rules. Assessment Districts The expenditures here reflect the general fund contribution that is required for each of the special assessment districts. These include both Community Facility Districts as well as Public Safety. 6 Packet Pg. 105 8943 Page 7 Capital Projects The capital projects line on the table above reflects the general fund or Measure S contribution to the planned Capital Improvement Program (CIP). The current proposed budget proposed contributing $5 million in Fiscal Year 2023 and $2 million in Fiscal Year 2024 to the CIP. This contribution is significantly smaller than in previous fiscal year budget cycles. This is largely due to an increased operating budget that has less remaining funds available for projects in the general fund. While the general fund contribution is smaller, there is still a large CIP planned over the next two fiscal years with revenue outside of the general fund. This is explained in further detail in the following sections on the CIP. Community & Economic Development In Fiscal Year 2021/22 the Council added an additional eight code enforcement officers to the Community & Economic Development Department. This accoun ted for a nearly $1 million increase to the budget that accounts for salaries, benefits, training and materials or supplies such as vehicles to support these positions. There are also slight increases to professional contractual services for real-estate consulting services and other economic development related programs. Police The Police Department is the largest general fund department in the City. The biggest factor in the represented increases in the Police Department is the increase in salaries and benefits, including the pension liabilities. These increases are a result of the Police Officer Association labor negotiations. In Fiscal Year 2023, this accounts for just over $5.2 million of the increase in budget from the previously adopted budget. There is an additional increase of $4.6 million in other benefit costs, including the City’s portion of the Calpers Unfunded Liability. There are similar steep increases in personnel costs into Fiscal Year 2024. Other programmatic increases and changes within the Police Department budget include the setting up of a new commercial enforcement team. In the Traffic program there an increase requested for material and supplies to purchase motor helmets and related communication systems for $20,000 and $120,000 for patrol vehicles. In Patrol and Field Services, there’s an increase of nearly $400,000 in fleet charges for fuel in both Fiscal Year 2023 and Fiscal Year 2024. This is mainly due to the steep incline in fuel prices in the marketplace. Parks & Recreation With restrictions lifted from the COVID-19 pandemic, the Parks & Recreation departments anticipates that they will return to normal programming levels over the next two years. This includes funding for a newly programmed event in the Fall ($40,000). An additional $200,000 was added for citywide activities to purchase new mobile recreational programming equipment. Public Works The Public Works Department delivers many of the primary services of the City, 6 Packet Pg. 106 8943 Page 8 including clean and drivable streets, tree and park maintenance, storm drain maintenance, building maintenance and many other maintenance related activities. During the Fiscal Year 2021/22 budget cycle, the Public Works department focused on bringing services in house to reduce the contracted cost and also increase the guaranteed service level. Some of these programs include the graffiti abatement and sidewalk cleaning programs. Many of these added staff positions and therefore increased the salary costs. Further, the costs for many of the ongoing maintenance contracts have gone up due to inflation. For example, the citywide parks maintenance contract increased by $2 million annually. The increased cost has also impacted the contracts for building maintenance and many other services. The collective impact of these increased cost is reflected in the overall increase in expenditures. Library The Library’s budget is fairly static from the previously adopted budget. The decrease is due to the utilities being transferred into general government. There is an increase in $29,000 for early literacy programs and part-time salaries for positions to support the increased service levels of extended hours at the library. Animal Services While the operations for Animal Services lives in a separate fund from the general fund, it does receive a transfer in of general fund dollars to make up the difference between the revenue it collects and the expenditures. These transfers out are captured in general government. During the Fiscal Year 2021/22 mid -year update, Animal Services added several key positions to the department. Also included in their proposed budget this year is an increase of $150,000 for contracted veterinary services to support the growing demand for services at the shelter. Capital Improvement Program Following years of economic challenges, the recent increases in revenue has enabled the City of San Bernardino to heavily invest in its future through the maintenance, repair and building of city infrastructure. In Fiscal Year 2021/2022 the City Invested over $50 million in streets, parks, storm drains, traffic maintenance signals, buildings and more. At the end of Fiscal Year 2022, many of these projects were awarded contracts and will move through the construction phase into Fiscal Year 2023. These projects, and any that have not yet started, will be carried over into the new fiscal year. These projects have committed and dedicated funds that will remain through the course of the project. Looking towards the new Capital Improvement Program (CIP) for Fiscal Year 2023 - 2027, the City is looking to invest an additional $42,120,044 in Fiscal Year 2023 and $9,876,057 in Fiscal year 2024 into new projects or additional funding for existing projects. The available funding and contributions for Fiscal Year 2024 will be review ed and revisited throughout the year. 6 Packet Pg. 107 8943 Page 9 Proposed NEW Funding by Category (Incudes NEW and Existing Projects)FY23 FY24 Buildings 2,050,000$ 400,000$ Parks and Recreation 2,645,000$ 2,850,000$ Storm Drainage 6,650,000$ 650,000$ Traffic Controls and Street Lighting 4,678,000$ -$ Streets Projects 26,097,044$ 5,976,057$ Other -$ -$ 42,120,044$ 9,876,057$ These projects in the CIP are funded through a variety of revenue streams that live within separate funds. The dedicated funds help to ensure that the expenditures associated match the restrictions and requirements that are determined by the revenue tax measure. Some of the larger dedicated revenue streams include: Measure I- Half-Cent Sales Tax The City’s share of the County-wide half-cent sales tax measure approved by the voter to provide funding for street maintenance and construction. The largest new project that this revenue will fund in Fiscal Year 2023 is the Pepper Ave Rehabilitation project. This project is in partnership with the City of Rialto and will focus on the rehabilitation of a major corridor from Baseline Rd to Mill St. SB 1- Road Repair & Accountability Act Gas Tax Senate Bill 1 established several local street programs that fund deferred maintenance at the local level. These funds can be used for a variety of street maintenance or maintenance within the right-of-way that include complete street, traffic signal, or storm drain improvements. Citywide street rehabilitation programs are primarily funded through this revenue stream. Regional Circulation Fees These are development impact fees and the use of funds are restricted to projects that specifically improve circulation on a regional basis, including freeway interchanges, access ramps, or major access points between cities. These fees will continue to fund the Mt Vernon Bridge Replacemen t, the extension of State St. and also fund the widening of 40th St from Johnson to Electric. Local Circulation Fees These fees are imposed on new residential, commercial, and industrial development to fund streets, signals, and bridges. In Fiscal Year 2023, these funds will continue to support the upgrade of the traffic management center and traffic signals. Highway Safety Improvement Program (HSIP) Grant Fund The Highway Safety Improvement Program (HSIP) is a core federal -aid program that 6 Packet Pg. 108 8943 Page 10 seeks to achieve a significant reduction in traffic fatalities and serious injuries on all public roads. These funds are applied for and awarded to specific projects. In the current CIP, these funds are continuing to support signal hardware upgrades and advanced dilemma zone detection. Storm Drain Construction Fund New developments pay impact fees based on the size of their development for the construction and maintenance of the citywide storm drain system. These funds support the maintenance of a variety of citywide storm drain projects including for a new storm drain on Sierra Way. Another project that is a community priority project is the improvement of the MT Vernon Storm Drain. This project is currently in design. There is an additional $3 million in funding allocated for Fiscal Year 2023 to continue supporting the design and construction of this project. Public Use Facility Fund The use of these funds is restricted for the construction and maintenance of public use facilities including community centers or buildings used by the general public. In Fiscal Year 2023, there are three projects recommended for funding. These include a server room upgrade at City Hall, AC Unit replacements at the Regal Theater and a new one-stop permitting center. This permitting center will centralize all of permitting to ensure a streamlined process for our development community and local residents seeking to navigate the permit process. Cultural Development Fund The Cultural Development Fund is a revenue stream comprised of a construction tax on new construction or improvements. The funds are intended to be used to support cultural development programs throughout the City or any other such use as directed b the Mayor and City Council. In Fiscal Year 2023, the funds will go toward the replacement of the roof at the Perris Hill Senior Center. The Parks Department is also looking to kick off a new master plan process. The first year of this planning endeavor will be funded through the cultural development fund, with subsequent years paid for through Measure S. This is a large pre-capital planning campaign that will actively seek the input of the community to guide the future of the parks and recreation system and facilities in the City of San Bernardino. AB 1600 Parkland Development Impact Fee Fund These are fees collected to fund new park facilities or to fund the maintenance of existing facilities. These funds have paid for new field and park lighting and will also fund improvements at the Bobby Vega Park in Fiscal Year 2023. Community Development Block Grant (CDBG) Funds 6 Packet Pg. 109 8943 Page 11 The City receives CDBG funding through a variety of mechanisms for different programmatic purposes. Within the CIP, these funds focus on supporting projects that provide viable urban communities and improving the living conditions of all residents within the community. The funds within the CIP are all project specific. There is one large pavement rehabilitation project expected to be funded in FY 2023 that includes 10th St from F St to G St, 49th Street from Sepulveda Ave to the end and Rialto Ave from Mt Vernon to Muscott. Measure S Is a specific sales tax to the City of San Bernardino that was approved by voters in November of 2020. The details pertaining to this special revenue source are noted above. In past fiscal years, these funds were treated as one-time funds and supported a large public investment in a number of capital projects - including streets, parks and buildings. As the city has expanded its operational budget to meet the needs of the community, less of these funds are available for capital projects. For Fiscal Year 2023, the staff is recommending that $5,050,000 fund capital projects and an additional $2,000,000 fund projects in Fiscal Year 2024. American Rescue Plan (ARP) Funds The City received a significant one-time investment of $77 million from the American Rescue plan Act. These funds are allocated toward several projects through a separate process. As projects are added through this process, they will be added to the CIP. For those projects with dedicated funds from prior fiscal years, the funds remain dedicated and will carry over into future budget cycles as the projects move through the development process. The full recommendation of the proposed 2023 -2027 CIP is included in the attachments. 2021-2025 Strategic Targets and Goals The review of the proposed budget aligns with all key targets of the City Council’s Strategic Plan. The funding of projects and programs at every level of the organization ensure that the City can achieve the goals and priorities established by the Council. Fiscal Impact There is no direct fiscal impact from receiving the presentation on the proposed budget for Fiscal Year 2023 & Fiscal Year 2024 and the Capital Improvement Program for 2023-2027. The budget process ensures that the allocation of the City’s resources align with the Mayor and City Council’s vision and priorities for the community. Staff will return to the Mayor and City Council for the adoption of the Fiscal Year 2023 & Fiscal Year 2024 Biennial Budget and Capital Improvement Program for 2023-2027 on June 15, 2022. 6 Packet Pg. 110 8943 Page 12 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California receive the presentation on the proposed budget for Fiscal Year 2023 & Fiscal Year 2024 and the Capital Improvement Program for 2023-2027. Staff requests that the Mayor and Council provide any further direction on the budget development to prepare for the adoption of the budget. The next steps in the budget development and adoption process are: June 15 - Adoption of Fiscal Year 2023 & Fiscal Year 2024 Operating Budget and CIP 2023-2027. Attachments Attachment 1 Proposed Budget Attachment 2 Presentation Attachment 3 Proposed Capital Improvement Program 2023-2027 Ward: (All Wards) 6 Packet Pg. 111 City of San Bernardino Proposed Budget Fiscal Year 2023 & Fiscal Year 2024 Building Our Future 6.a Packet Pg. 112 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year CITY OF SAN BERNARDINO ⚫ FY 2023 & FY 2024 PROPOSED BUDGET & 2023-2027 CAPITAL IMPROVEMENT PROGRAM Robert D. Field, City Manager Honorable Mayor and Members of City Council, It is with pleasure that I present the City Manager’s Proposed Operating Budget for Fiscal Years 2023 and 2024 and Capital Improvement Program for Fiscal Years 2023-2027. This proposed budget is currently balanced, in fact with slight surpluses, over the course of the next two fiscal years. Fiscal Year 2023 projects general fund revenues of $192,495,097 and general fund expenditures of $187,036,712. Fiscal Year 2024 projects general fund revenues of $195,300,847 and general fund expenditures of $191,487,188. Following years of economic struggles, the City of San Bernardino has experienced a period of growth. Over the course of the last fiscal year, following a period of stea dy revenue growth the City focused on restoring and enhancing service levels. This proposed budget reflects the alignment of the 2021-2025 Mayor & Council Strategic Goals with the ongoing operational needs of the department and the community. The main tenets of these goals are to improve operational and financial capacity, develop focused, aligned and unified community leadership, improve quality of life and enhance our economic growth and development. In aligning these priorities with our funding opportunities, the benefits and impact deliver outcomes that are real and tangible. The City and staff remain committed to continuing to deliver excellent programs and services and will continue moving forward many of the new programs and projects that were funded through the previous fiscal year. In fact because the City added so many new initiatives over Fiscal Year 2022, there are not many major new additions within this proposed budget in an effort to maintain what we have already funded. As the budget process is a reflection of the ongoing direction from the Mayor & Council, the iterative process of reviewing and adjusting the budget will continue throughout the approved fiscal years. The Budget is a critical policy document for the City and provides valuable informati on on the City’s financial position, challenges and opportunities, and describes where funding has been assigned to align with strategic direction and priorities. This marks the first year of the implementation of the recently acquired OpenGov software used for the preparation and presentation of the budget. As you electronically navigate through the pages, you will notice that there are embedded links and images that allow the reader to navigate through various levels of the budget. 6.a Packet Pg. 113 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year This tool provides transparency in our budgeting process and allows the Mayor & City Council to take a deep dive into the budget in ways that weren’t previously possible. Factors Affecting the Budget The Economy The general state of the economy continues to be of the utmost importance in projecting and forecasting revenues. The economy is currently experiencing significant inflation that trickles down and impacts nearly every service that the City provides. The cost of goods and services, fuel, asphalt, seed, and many more commodities has a tremendous impact on the ability of the City to deliver programs and projects within the budget. For example, many of our bids for services are returning costs higher than anticipated. These increased costs are accounted for in the proposed budget to the best of our ability given the information available at the time. The state of the economy also has an impact on the g eneral fund revenue. The proposed revenue budget is explored further below, however, the City relies heavily (more than half) on sales and use tax and subsequently Measure S to fund the ongoing operations of the general fund budget. The pressures of inflat ion and demand spending have benefited the City tremendously over the last year. However, economic indicators and forecasts indicate that the level of spending should normalize over the next year. We should not expect to see the continued rapid growth in these revenue streams that we have experienced in 2021 and 2022. The leveling off of these revenues is reflected in the proposed budget. Personnel Costs As part of the review of service levels during Fiscal Year 2021/22, the City added a considerable number of new positions, reclassified positions, and adjusted the size and scope of departments to better meet the needs of the community. Further, during last fiscal year the City completed and implemented a comprehensive compensation review. The outcome of that review was that nearly all salary and benefits were adjusted through the negotiation of new agreements with he city’s labor units. The staff that serve the City of San Bernardino are a vital resource and it was an important step to ensure that our compensation and benefit packages remained competitive in the marketplace. The collective impact of the addition of new positions, and the increases to salaries, benefits and ultimately pension liabilities, is felt and seen in the general fund expenditures operating budget. General Fund Multi-Year Budgeting This year’s proposed biennial budget is a departure from the single fiscal year budgets that the City has produced in recent years. Multi-Year budgeting and financial planning requires frequent monitoring, reporting and corrective actions as needed. The adoption of a two-year budget builds in a number of assumptions utilizing all available information available to the Finance Department and other departments at the time given the projections for available resources and the needs. While the two -year budget cycle provides greater certainty regarding ongoing funding and staffing, sound financial management of the budget requires the frequent updates. 6.a Packet Pg. 114 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Revenue Budget The proposed budget includes general fund revenues of $192,495,097 in Fiscal Year 2023 and $195,300,847 in Fiscal Year 2024. This represents an increase of over 10% in revenue from the adopted budget for Fiscal Year 2022. Major contributors to the general fund revenue are of course the sales and use tax as well as the somewhat new Measure S revenue. Combined, these revenue streams comprise 50% of general fund revenue sources. Measures S is still a relatively new funding source that doesn’t have th e same historical trends to refer to in producing forecasts over the next two years. However, based on the actual numbers the City has received as well as economic indicators, the City is anticipating an additional $46 million in revenue from Measure S for both Fiscal Years 2023 and 2024. The allocation of Measure S revenue is recommended to support the ongoing operations in the departments with $5,050,000 to fund capital projects in Fiscal Year 2023 and $2,000,000 to fund capital projects in Fiscal Year 2024. The City continues to see positive signs in economic and community development that result in higher revenues, particularly in our licensing, permitting and plan review. The proposed budget includes a nearly $2 million increase in Charges for Service from the previously adopted budget and over $500,000 increase in licenses and permits. Alongside the development activity, the City expects to see a slight increase in property tax revenues closer to pre-pandemic levels and account for new developments within the city. While not a major contributor to overall general fund revenue, the City is seeing an increase in revenue from legal Cannabis retailers as well as in other taxes, which includes Transient Occupancy Tax. Another important note is that the city recently entered into an agreement to complete a comprehensive review of all fees and charges for service. As part of this process, all fees will be evaluated against the actual cost to deliver services. While some fees and charges for service may remain relatively flat, it is likely that the report and recommendations will lead to an increase in fees and therefore also revenues during Fiscal Year 2023. Operating Budget The proposed operating budget recommends $187,036,712 in general fund expenditures for Fiscal Year 2023 and $191,487,188 in Fiscal Year 2024. This represents just over a 4% increase from the adopted budget for Fiscal Year 2022, and encompasses ma ny of the added programs and enhanced service levels that were funded throughout the fiscal year. Within the general fund, $128,855,706 is dedicated to personnel costs. This accounts for 68% of the total expenses. The remaining 32% of expenses goes towards other non- personnel expenses such as programs, services and capital. During the budget process, departments were given direction that allowed for a 1.5% increase in their maintenance and operations budgets. This allowed departments to increase services where they needed to do so in order to better deliver services to our community. These increases can be seen within the details of the department budgets. 6.a Packet Pg. 115 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Capital Improvement Program 2023-2027 Following years of economic challenges, the recent increases in revenue has enabled the City of San Bernardino to heavily invest in its future through the maintenance, repair and building of city infrastructure. In Fiscal Year 2021/2022 the City Invested o ver $50 million in streets, parks, storm drains, traffic maintenance signals, buildings and more. At the end of Fiscal Year 2022, many of these projects were awarded contracts and will move through the construction phase into Fiscal Year 2023. These projec ts, and any that have not yet started, will be carried over into the new fiscal year. These projects have committed and dedicated funds that will remain through the course of the project. Looking towards the new Capital Improvement Program (CIP) for Fisca l Year 2023-2027, the City is looking to invest an additional $42,120,044 in Fiscal Year 2023 and $9,876,057 in Fiscal year 2024 into new projects or additional funding for existing projects. Conclusion Our community has demonstrated tremendous resilienc e through years of economic hardship and the impacts of the global pandemic. As we emerge into an era of sustained economic growth, sound revenue and smart financial planning we have an incredibly bright future ahead of us. While there are still numerous c hallenges and opportunities to tackle big problems, we remain in a strong position to do so. San Bernardino will continue to be a great place to live, work, and grow. The City ‘s commitment to serving our community remains stronger than ever and with the foundation we have built over the last year, we remain committed to building an even better future. Thank You to the Mayor and City Council for your strong partnership and vision for the future of San Bernardino. And a special Thank You to our dedica ted staff who work to put this budget together. Sincerely, Robert D. Field City Manager 6.a Packet Pg. 116 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Council Member JUAN FIGUEROA Ward 3 Council Member FRED SHORETT Ward 4 Council Member BEN REYNOSO Ward 5 Council Member THEODORE SANCHEZ Ward 1 Council Member SANDRA IBARRA Ward 2 Council Member KIMBERLY CALVIN Ward 6 Council Member DAMON ALEXANDER Ward 7 Mayor JOHN VALDIVIA Mayor and City Council 6.a Packet Pg. 117 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year CITY OF SAN BERNARDINO  CITYWIDE ORGANIZATION CHART ●Elected Officials ●Appointed Staff ●Operations Mayor & City Council City Clerk City Manager City Attorney Human ResourcesFinance Community & Economic Development Animal Services Citizens Police Parks, Rec., & Community Services LibraryInformation Technology Public Works 6.a Packet Pg. 118 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Our Story “Gauchama, they called it. Land of plenty. They were the Native Americans who in ancient times discovered and settled a lush valley inland from the great ocean,” so begins John Howard Week’s ode to the city in his book San Bernardino Bicentennial 1810-2010. San Bernardino’s colorful history starts in the early years of the 19th century when Spanish missionaries settled in the region. Mission San Bernardino was established in 1810 and the missionaries, along with the peoples native to the area, diverted water to the valley from Mill Creek for irrigation purposes. As a result, the area flourished. In 1822, California became a Mexican territory. Gradually the mission period came to a close and with it the departure of the Spanish missionaries. The abandoned Mission San Bernardino did not stay vacant for long. “San Bernardino Rancho” was granted to the Lugo Brothers in 1842 and eventually became an important post on the trading route known as the “Spanish Trail.” In 1848, California joined the United States. By this time, many rancheros had left the area. The Lugo brothers eventually sold San Bernardino Rancho to a party of 500 Mormon settlers in 1852 that built a stockade around the ranch and named it “Fort San Bernardino.” The community prospered and was officially incorporated as a city on April 13, 1854 with a population of 1,200. As the last years of the 19th century waned, the giant railway compa- nies eventually found their way to San Bernardino, changing it from a sleepy town into an enterprising city. Santa Fe, Union Pacific and Southern Pacific all made San Bernardino the hub of their Southern California operations. San Bernardino’s eventual success can be attributed to the efforts of the early residents who included the indigenous peoples working alongside a diverse group of pioneering Americans originating from Europe, Africa, China, and Israel. The city has evolved into a modern urban community with a bright future. The enduring spirit and vitality of yesterday’s pioneers are still evident and reflected in the pride of the community. Community Profile 22 6.a Packet Pg. 119 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Community Profile Mary Bennet Goodcell, Jedediah Smith, Lewis Jacobs, Lizzy Flake Rowan, Wong Nim, Chief Juan Antonio, and Maria Armenta Bermudez, are just a few of the men and women who made a difference and helped San Bernardino thrive. Top: California Hotel; Center, L-R: Lizzie Flake Rowan, Louisa Pino and unnamed child; Bottom: Perris Hill Park CITY OF SAN BERNARDINO  FY 2023 & FY 2024 PROPOSED OPERATING BUDGET 23 6.a Packet Pg. 120 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year OurTimeline Spanish priest Francisco Dumetz came upon a lush verdant area and promptly named it “San Bernardino.” 1810 California State University of San Bernardino opens its doors to the first class of students. Grief Embers becomes one of the first Americans of African descent to own real estate in California. The first permanent city hall is built on the corner of Third and D streets. 1857 1901 1965 G  %% Community Profile 24 6.a Packet Pg. 121 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Community Profile Evelyn Wilcox becomes the first female mayor elected to the City of San Bernardino. The city suffers a horrific mass shooting and unites after the tragedy to become SB Strong! San Bernardino is resilient in the midst of a global pandemic to emerge financially stable. San Bernardino speed skater, Derek Parra, brings home the first Olympic Gold to the city. 1985 2002 2015 2021   CITY OF SAN BERNARDINO  FY 2021-2022 ADOPTED OPERATING BUDGET 25 6.a Packet Pg. 122 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Our Community Nestled south of the San Bernardino Mountains, and west of the lower desert, the city of San Bernardino has been recog- nized for its scenic beauty and strategic location. The city is home to an international airport, a passenger rail station, freight rail routes, cross-docking trucking centers, and is conveniently surrounded by inter- state and state highways, making it an intermodal logistics hub. The Metrolink commuter rail service, available at the Santa Fe train station, provides long distance transportation to commuters from the San Bernardino area to major centers of employment, such as downtown Los Angeles, and Orange County, within 90 minutes. With a population of over 217,000, San Bernardino is the largest city in the county and serves as the county seat. Affectionately known by locals as “San Berdoo”, it is a community rich in history and cultural diversity. Influences of Native Americans, Mexican settlers, Spanish missionaries and Mormon immigrants can still be seen throughout San Bernardino today. The vision for the City is to be strong and prosperous. City residents can expect cost effective services as well as an excellent public safety program, which is dedicated to providing the highest level of police and emergency assistance. Quality education and programs are important priorities to city residents. Local institutions of learning include: San Bernardino Unified School District (offering transitional kindergarten to high school), San Bernardino Valley College (SBVC), and California State University, San Bernardino. New to the city is the Loma Linda Uni- versity Health, San Bernardino complex. The campus is also home to San Manuel Gateway College, a multi-specialty med- ical clinic operated by Social Action Com- munity Health System (SACHS). Two hospitals are within City limits, Community Hospital of San Bernardino and St. Bernardine’s Medical Center are both state of the art facilities. Located approximately 60 miles east of Los Angeles, 120 miles northeast of metropolitan San Diego, San Bernardino provides residents access to casinos, Community Profile 26 6.a Packet Pg. 123 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Community Profile L-R: Devils Canyon, Artfest artist Fiscalini Field CITY OF SAN BERNARDINO  FY 2023 & FY2024 PROPOSED OPERATING BUDGET 27 6.a Packet Pg. 124 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year beaches, mountains, deserts, and world- class cultural and sporting events. San Bernardino also has a wide variety of recreational and entertainment attrac- tions. The city is home to the Inland Empire 66ers, a Class A-Advanced Minor League affiliate of the Los Angeles Angels of Anaheim competing in the Califor- nia League. There are also multiple art, perform- ing art and concert venues in the city such as the historic California Theatre of Performing Arts, Sturges Center for the Arts, Roosevelt Bowl, National Orange Show Events Center, Glen Helen Amphi- theater, and the Garcia Center for the Arts. Utility companies providing services to San Bernardino residents include: South- ern California Gas, Burrtec Waste Indus- tries, City of San Bernardino Water Dept., East Valley Water District, AT &T, Charter Communications, Time Warner Cable, and Frontier Communications. Major industries employing the area include mail order fulfillment service providers, distribution services, education, and hospitals. California Theatre of the Performing Arts Community Profile 28 6.a Packet Pg. 125 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Community Profile Folklorico Dancers Winter Wonderland CITY OF SAN BERNARDINO  FY 2023 & 2024 PROPOSED OPERATING BUDGET 29 6.a Packet Pg. 126 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year OurProfile︁ $45,834 Median Household Income $249,400 Median Home Value73%Households have Internet 90%Households have a computer   Female 50.5% Male 49.5% 217KPopulation Hispanic, 65.20% White, 14.40% Black, 14.30% Asian, 4.10%Other, 2.00% 86,700 Labor Force10%Unemployment Rate Community Profile 30 6.a Packet Pg. 127 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Community Profile Community Parks Community Centers Golf Courses Libraries 619 64 Miles of Street Square Miles of Land 36 8 2 4 Major Employers: Culture & RecreationAdministrative Services Landmark Community Development Swimmer We Provide:Infrastructure Improvements  Highways & Streetsroad Public Safety (Police) Shield-Virus We Have: Amazon Amazon Fulfillment Center shipping-fast Burlington Distribution Center Money-Check Kohl's Corporation shopping-cart Stater Bros. Markets Graduation-Cap California State University,San Bernardino Bus San Bernardino Unified School District User-Graduate San Bernardino Valley College Bus San Bernardino County Superintendent of Schools hospital-alt Dignity Health Vest CalTrans gavel Superior Court of California, San Bernardino Landmark County of San Bernardino Hand-Holding-Usd CITY OF SAN BERNARDINO  FY 2023 & FY 2024 PROPOSED OPERATING BUDGET Sources: US Census Bureau, 2019; California Department of Finance, 2020: California Employment Development Department, 2021 31 6.a Packet Pg. 128 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year PRESENTED TO City of San Bernardino California For the Fiscal Year Beginning July 01, 2021 Executive Director GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award 6.a Packet Pg. 129 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year General Fund Revenues General Fund Revenue Historical Data 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Taxes $106,666,910 $100,199,221 $131,534,328 $148,649,536 $120,485,335 $163,367,500 $165,487,000 Licenses & permits $11,842,726 $11,147,079 $12,740,646 $12,018,000 $11,185,968 $12,830,000 $13,168,000 Charges for services $4,832,700 $6,911,415 $8,252,093 $6,204,420 $8,221,365 $8,116,400 $8,762,650 Miscellaneous $2,823,299 $2,656,056 $11,675,588 $2,689,037 $459,757 $3,573,697 $3,586,697 Intergovernmental $2,170,560 $2,480,000 $8,796,337 $2,233,602 $986,274 $2,357,000 $2,372,000 Fines and forfeitures $1,457,123 $1,377,000 $582,388 $1,341,500 $701,679 $1,206,500 $1,255,500 Use of Money and Property $1,424,181 $899,996 $1,317,420 $775,000 $597,513 $525,000 $550,000 Investment income $1,087,677 $450,000 $82,341 $505,578 $751,980 $529,000 $529,000 Transfers In $0 $1,752,227 $1,460,290 $0 $0 $0 $0 TOTAL $132,305,175 $127,872,994 $176,441,430 $174,416,673 $143,389,872 $192,505,097 $195,710,847 $192,505,097.00 Revenues in 2023 Taxes Other Intergovernm... Miscellaneou... Charges for ... Licenses & p... $197,658,847.00 Revenues in 2024 Taxes Other Intergovernm... Miscellaneou... Charges for ... Licenses & p... General Fund Summ ary FY 2023 and FY 2024 Proposed Operating Budget FY 2023 General Fund Revenue FY 2024 General Fund Revenue 6.a Packet Pg. 130 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year General Fund Expenses Expense by Depar tment ,, ,, ,, ,, ,, ,, ,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,, Police Public Works General Government Community & Economic Development Finance Parks Recreation & Community City Attorney Library City Manager Human Resource City Clerk 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Reset Broken down by Departments General Expenses History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0M 25.0M 50.0M 75.0M 125.0M 150.0M 175.0M DollarsBack Police Public Works General Government Community & Economic De… Finance Parks Recreation & Commu… City Attorney Library More (7 grouped) Sort Large to Small   6.a Packet Pg. 131 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expense by Type Reset Broken down by Expenses General History  Visualization Personnel $128,855,706 (68.0%) Non-Personnel Expenses $60,676,061 (32.0%) Back 2023-242023-24 BudgetBudget   Personnel Non-Personnel Expenses Sort Large to Small   General Fund Expense by Expense Type 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Personnel Salaries $52,427,930 $52,304,135 $49,928,306 $59,973,697 $46,900,783 $70,961,827 $73,751,837 Benefits $35,250,507 $39,389,974 $38,053,705 $45,217,950 $40,280,063 $52,452,285 $55,103,869 PERSONNEL TOTAL $87,678,437 $91,694,108 $87,982,012 $105,191,647 $87,180,846 $123,414,112 $128,855,706 Non-Personnel Expenses Internal Service Charges $18,316,308 $14,396,357 $19,067,843 $17,920,988 $17,965,063 $20,708,729 $21,864,434 Contractual Services $12,176,830 $12,179,717 $15,367,616 $14,937,663 $10,737,415 $19,627,264 $20,100,792 Maintenance and Operations $6,576,671 $7,548,260 $6,566,537 $11,432,000 $7,201,866 $12,860,384 $13,010,633 Transfers Out $2,747,274 $3,318,872 $2,592,652 $2,525,733 $863,167 $3,526,011 $3,527,415 Debt Service $3,273,352 $2,508,706 $2,332,974 $2,504,973 $864,670 $2,365,108 $1,369,981 Capital Outlay $378,135 $0 $761,746 $1,357,780 $781,604 $2,372,806 $2,207,806 Credit/billables -$521,575 -$966,100 -$519,904 -$2,466,100 $11,345 -$2,795,000 -$1,405,000 NON-PERSONNEL EXPENSESTOTAL $42,946,994 $38,985,812 $46,169,464 $48,213,037 $38,425,131 $58,665,302 $60,676,061 TOTAL $130,625,431 $130,679,920 $134,151,476 $153,404,684 $125,605,976 $182,079,414 $189,531,767 Powered by OpenGov 6.a Packet Pg. 132 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Citywide Full-Time Equivalent (FTE) by Department Departments Description FY2023 FY2024 Allocated FTE Count Animal Services 25.00 25.00 City Attorney 1.00 1.00 City Clerk 6.00 6.00 City Council 9.00 9.00 City Manager 11.00 11.00 Community & Economic Development 60.00 60.00 Finance 33.00 33.00 General Government 7.00 7.00 Human Resource 13.00 13.00 Information Technology 15.00 15.00 Library 15.00 15.00 Mayor 2.00 2.00 Parks Recreation & Community 23.00 23.00 Police 410.00 410.00 Public Works 126.00 126.00 ALLOCATED FTE COUNT 756.00 756.00 Departmental FTE Breakdown Animal Services Position Name FY2023 FY2024 Allocated FTE Count ANIMAL CONTROL OFFICER II 5.00 5.00 ANIMAL SERVICES SUPERVISOR 2.00 2.00 ANIMAL SHELTER ATTENDANT 8.00 8.00 DIRECTOR OF ANIMAL SERVICES (U)1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 LEAD ANIMAL CONTROL OFFICER 1.00 1.00 REGISTERED VETERINARY TECHNICIAN 1.00 1.00 SENIOR ANIMAL SERVICES REP.6.00 6.00 ALLOCATED FTE COUNT 25.00 25.00 Personnel Detail Citywide Personnel Full-Time Equivalent (FTE) Count 6.a Packet Pg. 133 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year City Clerk Position Name FY2023 FY2024 Allocated FTE Count ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)1.00 1.00 COMMON COUNCIL 7.00 7.00 COUNCIL ADMINISTRATIVE SUPERVISOR (U)1.00 1.00 ALLOCATED FTE COUNT 9.00 9.00 City Manager Position Name FY2023 FY2024 Allocated FTE Count ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)1.00 1.00 ASSISTANT CITY MANAGER (U)1.00 1.00 CITY MANAGER (U)1.00 1.00 EXECUTIVE ASSISTANT (U)1.00 1.00 MANAGEMENT ANALYST I (FLEX)2.00 2.00 MARKETING & PUBLIC RELATIONS SPECIALIST 1.00 1.00 PUBLIC INFORMATION OFFICER (U)1.00 1.00 SENIOR MANAGEMENT ANALYST 2.00 2.00 SENIOR OFFICE ASSISTANT (U)1.00 1.00 ALLOCATED FTE COUNT 11.00 11.00 Community & Economic Development Position Name FY2023 FY2024 Allocated FTE Count ADMINISTRATIVE ASSISTANT 3.00 3.00 ASSISTANT PLANNER (FLEX)1.00 1.00 ASSOCIATE PLANNER 3.00 3.00 BUILDING INSPECTION SUPERVISOR 1.00 1.00 BUILDING INSPECTOR I (FLEX)2.00 2.00 BUILDING OFFICIAL (U)1.00 1.00 CDBG/HOUSING PR0GRAM ASSISTANT 2.00 2.00 CODE ENFORCEMENT DIVISION MANAGER (U)1.00 1.00 CODE ENFORCEMENT OFFICER I (FLEX)8.00 8.00 CODE ENFORCEMENT OFFICER II 10.00 10.00 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 1.00 1.00 COMMUNITY DEVELOPMENT TECHNICIAN 4.00 4.00 CUSTOMER SERVICE REPRESENTATIVE 3.00 3.00 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)1.00 1.00 DEPUTY DIRECTOR/CITY PLANNER (U)1.00 1.00 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)1.00 1.00 ECONOMIC DEVELOPMENT PROJECT MANAGER 1.00 1.00 ECONOMIC DEVELOPMENT SPECIALIST 1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 HOMELESS SERVICES COORDINATOR 1.00 1.00 HOUSING COMPLIANCE SPECIALIST 1.00 1.00 LEAD BUILDING INSPECTOR 1.00 1.00 LEAD CODE ENFORCEMENT OFFICER 2.00 2.00 MANAGEMENT ANALYST I (FLEX)1.00 1.00 PLANNING AIDE 1.00 1.00 PLANNING DIVISION MANAGER (U)1.00 1.00 PLANS EXAMINER I (FLEX)1.00 1.00 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)1.00 1.00 SENIOR CUSTOMER SERVICE REPRESENTATIVE 1.00 1.00 SENIOR MANAGEMENT ANALYST 2.00 2.00 SENIOR PLANNER 1.00 1.00 6.a Packet Pg. 134 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Position Name FY2023 FY2024 ALLOCATED FTE COUNT 60.00 60.00 Finance Position Name FY2023 FY2024 Allocated FTE Count ACCOUNTANT II 1.00 1.00 ACCOUNTANT II - PAYROLL 1.00 1.00 ACCOUNTANT III 1.00 1.00 ACCOUNTING DIVISION MANAGER (U)1.00 1.00 ACCOUNTING TECHNICIAN II 1.00 1.00 ACCOUNTING TECHNICIAN III 3.00 3.00 BUDGET DIVISION MANAGER (U)1.00 1.00 BUSINESS REGISTRATION INSPECTOR 6.00 6.00 BUSINESS REGISTRATION MANAGER 1.00 1.00 BUSINESS REGISTRATION REPRESENTATIVE I 2.00 2.00 BUYER 1.00 1.00 DEPUTY DIRECTOR OF FINANCE (U)1.00 1.00 DIRECTOR OF FINANCE (U)1.00 1.00 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 GRANTS DIVISION MANAGER (U)1.00 1.00 GRANTS MANAGER (U)1.00 1.00 GRANTS WRITER 1.00 1.00 MANAGEMENT ANALYST I (FLEX)1.00 1.00 MANAGEMENT ANALYST II 1.00 1.00 PAYROLL SUPERVISOR 1.00 1.00 PROCUREMENT CONTRACT SPECIALIST 1.00 1.00 PURCHASING DIVISION MANAGER (U)1.00 1.00 SENIOR MANAGEMENT ANALYST 1.00 1.00 TREASURY MANAGER 1.00 1.00 ALLOCATED FTE COUNT 33.00 33.00 General Government Position Name FY2023 FY2024 Allocated FTE Count COMMUNITY INTERVENTION PROGRAM MANAGER (U)1.00 1.00 NEIGHBORHOOD & CUSTOMER SVCS MGR (U)1.00 1.00 SENIOR CUSTOMER SERVICE REP. (BIL)4.00 4.00 STATION MANAGER 1.00 1.00 ALLOCATED FTE COUNT 7.00 7.00 Human Resources Position Name FY2023 FY2024 Allocated FTE Count ADMINISTRATIVE CLAIMS SPECIALIST 1.00 1.00 DEPUTY DIRECTOR OF HUMAN RESOURCES (U)1.00 1.00 DIRECTOR OF HUMAN RESOURCES (U)1.00 1.00 DIVERSITY, EQUITY & INCLUSION OFFICER (U)1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 HUMAN RESOURCES ANALYST 1.00 1.00 HUMAN RESOURCES TECHNICIAN 2.00 2.00 SENIOR HUMAN RESOURCES TECHNICIAN 2.00 2.00 SENIOR HUMAN RESOURCES/RISK ANALYST 3.00 3.00 ALLOCATED FTE COUNT 13.00 13.00 6.a Packet Pg. 135 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Information Technology Position Name FY2023 FY2024 Allocated FTE Count ADMINISTRATIVE ASSISTANT 1.00 1.00 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)1.00 1.00 DIRECTOR OF INFORMATION TECHNOLOGY (U)1.00 1.00 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 1.00 1.00 GIS ADMINISTRATOR 1.00 1.00 INFORMATION TECHNOLOGY ANALYST II 2.00 2.00 INFORMATION TECHNOLOGY MANAGER 2.00 2.00 SENIOR GIS ANALYST 1.00 1.00 SENIOR INFORMATION TECHNOLOGY ANALYST 3.00 3.00 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 1.00 1.00 SENIOR NETWORK SYSTEMS ADMINISTRATOR 1.00 1.00 ALLOCATED FTE COUNT 15.00 15.00 Legal Services Position Name FY2023 FY2024 Allocated FTE Count LEGAL ADMINISTRATIVE ASSISTANT (U)1.00 1.00 ALLOCATED FTE COUNT 1.00 1.00 Library Position Name FY2023 FY2024 Allocated FTE Count TECHNOLOGY LIBRARIAN 1.00 1.00 LIBRARY CIRCULATION SUPERVISOR 1.00 1.00 LITERACY PROGRAM COORDINATOR 1.00 1.00 LIBRARIAN I (FLEX)1.00 1.00 LIBRARIAN II 1.00 1.00 LIBRARY DIRECTOR (U)1.00 1.00 LIBRARY PROGRAM COORDINATOR 1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 LIBRARY TECHNICIAN I (FLEX)1.00 1.00 LIBRARY NETWORK ADMINISTRATOR 1.00 1.00 LIBRARY TECHNICIAN II 4.00 4.00 LIBRARY NETWORK TECHNICIAN 1.00 1.00 ALLOCATED FTE COUNT 15.00 15.00 Mayor's Oce Position Name FY2023 FY2024 Allocated FTE Count EXECUTIVE ASSISTANT TO MAYOR (U)1.00 1.00 MAYOR 1.00 1.00 ALLOCATED FTE COUNT 2.00 2.00 6.a Packet Pg. 136 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Parks, Recreation, and Community Services Position Name FY2023 FY2024 Allocated FTE Count ADMINISTRATIVE ASSISTANT 2.00 2.00 AQUATICS SUPERVISOR 1.00 1.00 COMMUNITY RECREATION MANAGER 2.00 2.00 COMMUNITY RECREATION PROGRAM COORDINATOR 7.00 7.00 COMMUNITY RECREATION PROGRAM SUPERVISOR 2.00 2.00 COMMUNITY SERVICES CENTER SUPERVISOR 1.00 1.00 COMMUNITY SERVICES PROGRAM COORD.2.00 2.00 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 FOOD SERVICE SUPERVISOR 1.00 1.00 MANAGEMENT ANALYST I (FLEX)2.00 2.00 VOLUNTEER COORDINATOR (GRANT FUNDED)1.00 1.00 ALLOCATED FTE COUNT 23.00 23.00 Police Position Name FY2023 FY2024 Allocated FTE Count ACCOUNTING TECHNICIAN I (FLEX)2.00 2.00 ADMINISTRATIVE ASSISTANT 1.00 1.00 ASSISTANT CHIEF OF POLICE 1.00 1.00 CHIEF OF POLICE 1.00 1.00 COMMUNITY SERVICES OFFICER 28.00 28.00 CRIME ANALYST 3.00 3.00 CRIMINAL INVESTIGATION OFFICER 10.00 10.00 DETECTIVE/CORPORAL 44.00 44.00 EXECUTIVE ASSISTANT 2.00 2.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 FORENSICS SPECIALIST I (FLEX)3.00 3.00 FORENSICS SPECIALIST II 6.00 6.00 FORENSICS SUPERVISOR 1.00 1.00 LIEUTENANT 12.00 12.00 MANAGEMENT ANALYST II 1.00 1.00 MARKETING & PUBLIC RELATIONS SPECIALIST 1.00 1.00 PARKING ENFORCEMENT OFFICER 7.00 7.00 POLICE CAPTAIN (U)3.00 3.00 POLICE DISPATCH SUPERVISOR 4.00 4.00 POLICE DISPATCHER I (FLEX)7.00 7.00 POLICE DISPATCHER II 18.00 18.00 POLICE FLEET MAINTENANCE EXPEDITOR 1.00 1.00 POLICE OFFICER 183.00 183.00 POLICE P&T TECHNICIAN 2.00 2.00 POLICE RECORDS SUPERVISOR 2.00 2.00 POLICE RECORDS TECHNICIAN I (FLEX)6.00 6.00 POLICE RECORDS TECHNICIAN II 10.00 10.00 PROPERTY & EVIDENCE SUPERVISOR 1.00 1.00 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)2.00 2.00 SENIOR MANAGEMENT ANALYST 1.00 1.00 SENIOR OFFICE ASSISTANT 3.00 3.00 SERGEANT 43.00 43.00 ALLOCATED FTE COUNT 410.00 410.00 6.a Packet Pg. 137 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Public Works Position Name FY2023 FY2024 Allocated FTE Count ACCOUNTING TECHNICIAN II 2.00 2.00 ADMINISTRATIVE ASSISTANT 2.00 2.00 ADMINISTRATIVE SERVICES SUPERVISOR 1.00 1.00 ARBORIST 1.00 1.00 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 1.00 1.00 CEMETERY CARETAKER 1.00 1.00 CIVIL ENGINEERING DIVISION MANAGER (U)1.00 1.00 CONSTRUCTION MANAGER 1.00 1.00 CUSTODIAL SUPERVISOR 1.00 1.00 CUSTODIAN 8.00 8.00 DATA ANALYST 1.00 1.00 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)1.00 1.00 DIRECTOR OF PUBLIC WORKS (U)1.00 1.00 ELECTRICIAN I (FLEX)1.00 1.00 ENGINEERING ASSISTANT I (FLEX)2.00 2.00 ENGINEERING ASSISTANT II 4.00 4.00 ENGINEERING ASSISTANT III 1.00 1.00 ENGINEERING ASSOCIATE 1.00 1.00 ENGINEERING PROJECT MANAGER 1.00 1.00 ENGINEERING TECHNICIAN 2.00 2.00 ENVIRONMENTAL PROGRAMS COORDINATOR 1.00 1.00 EQUIPMENT MAINTENANCE SUPERVISOR 1.00 1.00 EQUIPMENT MECHANIC II 7.00 7.00 EQUIPMENT SERVICE WORKER 2.00 2.00 EXECUTIVE ASSISTANT 1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)1.00 1.00 FACILITIES MAINTENANCE MECHANIC 4.00 4.00 FACILITIES MAINTENANCE SUPERVISOR 1.00 1.00 FORESTRY SUPERVISOR 1.00 1.00 GROUNDWORKER ARBORIST 2.00 2.00 HVAC MECHANIC 1.00 1.00 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)1.00 1.00 LANDSCAPE & IRRIGATION INSPECTOR II 3.00 3.00 LEAD CUSTODIAN 1.00 1.00 LEAD EQUIPMENT MECHANIC 1.00 1.00 LEAD MAINTENANCE WORKER 4.00 4.00 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 1.00 1.00 MAINTENANCE SUPERVISOR 1.00 1.00 MAINTENANCE WORKER I (FLEX)17.00 17.00 MAINTENANCE WORKER II 4.00 4.00 MAINTENANCE WORKER III 6.00 6.00 MANAGEMENT ANALYST I (FLEX)1.00 1.00 NPDES INSPECTOR I (FLEX)1.00 1.00 NPDES INSPECTOR II 1.00 1.00 NPDES MANAGER 1.00 1.00 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)1.00 1.00 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 1.00 1.00 PARKS MAINTENANCE WORKER II 2.00 2.00 PLUMBER 1.00 1.00 POOL MAINTENANCE COORDINATOR 1.00 1.00 PRINCIPAL CIVIL ENGINEER 1.00 1.00 PUBLIC WORKS INSPECTOR I (FLEX)2.00 2.00 PUBLIC WORKS INSPECTOR II 2.00 2.00 PUBLIC WORKS SAFETY AND TRAINING OFFICER 1.00 1.00 REAL PROPERTY MANAGER 2.00 2.00 SENIOR ARBORIST 1.00 1.00 SENIOR MANAGEMENT ANALYST 1.00 1.00 6.a Packet Pg. 138 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Position Name FY2023 FY2024 SENIOR OFFICE ASSISTANT 1.00 1.00 SOLID WASTE FIELD INSPECTOR 1.00 1.00 TRAFFIC ENGINEER 1.00 1.00 TRAFFIC ENGINEERING ASSOCIATE 2.00 2.00 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 1.00 1.00 TRAFFIC SIGNAL TECHNICIAN I (FLEX)1.00 1.00 TRAFFIC SIGNAL TECHNICIAN II 2.00 2.00 TRAFFIC SIGNAL TECHNICIAN III 1.00 1.00 ALLOCATED FTE COUNT 126.00 126.00 Powered by OpenGov 6.a Packet Pg. 139 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Other Funds Revenues Other Fund Historical Revenues 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Fiduciairy Agency Funds $0 $0 $0 $0 $59,442 $0 $0 Private Purpose Trust Successor Agency $16,168,593 $16,790,462 $10,952,123 $30,306,413 $1,749,756 $0 $0 PRIVATE PURPOSE TRUSTTOTAL $16,168,593 $16,790,462 $10,952,123 $30,306,413 $1,749,756 $0 $0 FIDUCIAIRY TOTAL $16,168,593 $16,790,462 $10,952,123 $30,306,413 $1,809,198 $0 $0 Bankruptcy Settlement $1,064,525 $900,000 $755,920 $100,000 $3,580 $73,370 $73,370 General Plan Update $0 $0 $334,806 $2,051,260 $35,009 $2,051,260 $2,051,260 Donations Fund $1,500,000 $0 $736,622 $0 $0 $0 $0 American Rescue Plan Fund $0 $0 $13,240 $38,828,203 $76,672 $0 $0 Special Revenue Cable Television Fund $292,806 $285,000 $217,820 $290,000 $208,656 $283,500 $283,500 Asset Forfeiture $153,542 $0 $119,540 $0 $166,619 $0 $0 AB2766 Air Quality $261,720 $255,000 $210,438 $253,500 $210,680 $203,500 $203,500 Emergency Solutions Grant CV1 $0 $0 $203,661 $0 $228,301 $0 $0 Emergency Solutions Grant CV2 $0 $0 $155,465 $0 $1,611,620 $0 $0 Emergency Solutions Grant 14.231 $244,675 $295,799 $392,708 $290,457 $14,893 $327,970 $290,457 Home Improvement Part 14.239 $1,314,495 $3,340,478 $367,724 $1,795,707 $897,749 $1,445,707 $1,445,707 Gang and Street Asset Forfeiture $72,903 $0 $7,392 $15,000 $24,287 $7,500 $7,500 Community Developmnt BlockGrant $3,661,991 $4,223,184 $2,392,849 $3,259,910 $1,890,869 $3,299,910 $3,259,910 Neighborhood Stabil Prog (NSP1)$0 $360,000 $843,413 $546,000 $290,489 $0 $0 Neighborhood Stabil Prog(NSP3)$0 $0 $0 $904,500 $0 $0 $0 Federal Grant Programs $4,187,264 $1,034,249 $10,450,089 $7,457,784 $2,349,933 $6,198,738 $7,123,317 Animal Control $2,241,727 $2,681,872 $2,471,445 $3,003,233 $1,091,735 $3,717,091 $3,729,145 RMRA-GAS TAX $4,149,052 $3,767,880 $4,047,376 $4,231,807 $2,885,183 $0 $0 Gas Tax Fund $4,770,621 $5,139,614 $4,758,339 $5,255,477 $3,847,007 $0 $0 Low Mod Housing Fund $930,311 $20,000 $762,504 $445,770 $1,936,380 $1,010,000 $500,000 Traffic Safety $1,083,588 $560,000 $767,989 $576,000 $697,845 $760,000 $760,000 Measure I $4,710,755 $3,198,950 $5,053,278 $4,448,000 $3,244,087 $0 $0 CDBG-CV 1 $0 $0 $112,285 $0 $688,343 $0 $0 Sewer Line Maintenance $210 $0 $13,964 $0 $67 $0 $0 CDBG-CV 3 $0 $0 $0 $0 $119,301 $0 $0 PLHA Program $0 $0 $0 $0 $466,333 $0 $0 Other Funds Summary FY 2023 and FY 2024 Proposed Operating Budget 6.a Packet Pg. 140 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget SPECIAL REVENUE TOTAL $28,075,660 $25,162,026 $33,348,277 $32,773,145 $22,870,378 $17,253,916 $17,603,036 Capital Project Verdemont Capital Project $5,550 $0 $135,952 $0 $850 $0 $0 Park Construction Fund $3,223 $0 $57 $0 $334 $0 $0 Sewer Line Construction $2,693 $0 $11,611 $0 $1,619 $0 $0 Public Improvement Fund $25,049 $10,000 $260 $12,000 $1,289 $0 $0 Cultural Developmnt Construction $1,464,372 $600,000 $462,705 $640,000 $943,607 $0 $0 Storm Drain Construction $1,881,636 $1,500,000 $669,954 $1,605,000 $2,828,445 $0 $0 Assessment District $1,210,022 $1,345,920 $1,390,176 $138,000 $816,796 $0 $0 Prop 1B - Local Street $1,419 $2,000 $25 $500 $147 $0 $0 Law Enforcement Facilties $251,682 $80,000 $214,478 $100,000 $263,548 $0 $161,200 Local Regional Circulation $338,454 $200,000 $94,315 $150,000 $396,237 $300,000 $302,250 Regional Circulation System $4,084,204 $1,500,000 $929,556 $1,825,000 $5,221,599 $2,160,000 $2,216,500 Library Facilities $141,212 $10,000 $78,482 $35,000 $180,299 $0 $0 Public Use Facilities $242,619 $15,000 $133,962 $60,000 $308,056 $150,000 $151,125 Aquatics Facilities $72,108 $5,000 $40,099 $20,000 $92,169 $40,000 $40,300 AB 1600 Parkland And Op $338,582 $80,000 $574,387 $275,000 $401,998 $260,000 $261,950 Quimby Act Parkland $1,072,947 $70,000 $490,960 $215,000 $2,214,464 $0 $0 CAPITAL PROJECT TOTAL $11,135,772 $5,417,920 $5,226,980 $5,075,500 $13,671,458 $2,910,000 $3,133,325 Debt service Verdemont Improvement Loan $33,459 $0 $0 $17,000 $0 $0 $0 AD 1015 New Pine Debt Service $5,980 $0 $0 $0 $0 $0 $0 DEBT SERVICE TOTAL $39,439 $0 $0 $17,000 $0 $0 $0 Proprietary Enterprise $739,111 $500,000 $1,245,844 $535,000 $392,395 $1,285,000 $1,285,000 Internal Service $21,154,378 $17,358,245 $22,477,410 $20,913,523 $19,968,768 $23,504,658 $24,725,262 PROPRIETARY TOTAL $21,893,489 $17,858,245 $23,723,254 $21,448,523 $20,361,163 $24,789,658 $26,010,262 TOTAL $79,877,477 $66,128,653 $75,091,223 $130,600,044 $58,827,458 $47,078,204 $48,871,253 $47,078,204.04 Revenues in 2023 Proprietary Bankruptcy S... General Plan... Capital Proj... Special Reve... $48,871,252.60 Revenues in 2024 Proprietary Bankruptcy S... General Plan... Capital Proj... Special Reve... FY 2023 Other Fund Revenues FY 2024 Other Fund Revenues 6.a Packet Pg. 141 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Other Funds Expenses O ther Funds Expenses by D epartment ,, ,, ,, ,, ,, ,, ,, ,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,, ,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,, ,,,,,,,,,, Community & Economic Development Capital Improvement Projects Public Works Human Resource Information Technology Police Finance Animal Services General Government Parks Recreation & Community Special Assessment District 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Reset Broken down by Departments Expenses History Funds  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 10.0M 20.0M 30.0M 40.0M 50.0M 60.0M 70.0M 80.0M DollarsBack Community & Economic De… Capital Improvement Proje… Public Works Human Resource Information Technology Police Finance Animal Services More (8 grouped) Sort Large to Small   6.a Packet Pg. 142 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year O ther Funds Expense by Expense Type Reset Broken down by Expenses History Funds  Visualization Non-Personnel Expenses $34,972,637 (74.4%) Personnel $12,008,419 (25.6%) Back 2023-242023-24 BudgetBudget  Non-Personnel Expenses Personnel Sort Large to Small   ,, ,, ,, ,, ,, ,, ,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,, ,,,,, ,,,,,,,,,,,,,, ,,,,,,,,, , ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, Non-Personnel Expenses Contractual Services Maintenance and Operations Debt Service Transfers Out Internal Service Charges Capital Outlay Credit/billables Personnel Salaries Benefits 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 BudgetCollapse All 6.a Packet Pg. 143 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Capital Improvement Plan Revenues Capital Improvement Plan - Revenues 2022 - 23 Budget 2023 - 24 Budget Intergovernmental $8,547,000 $8,611,500 Charges for services $1,970,000 $1,985,000 Licenses & permits $835,000 $841,375 Impact fees $845,000 $690,138 Use of Money and Property $155,500 $155,594 TOTAL $12,352,500 $12,283,607 Reset Broken down by Revenues Governmental Capital Improvement Projects History  Visualization Intergovernmental $8,611,500 (70.1%) Charges for services $1,985,000 (16.2%) Licenses & permits $841,375 (6.8%) Impact fees $690,138 (5.6%) Use of Money and Property $155,594 (1.3%) Back 2023-242023-24 BudgetBudget  Intergovernmental Charges for services Licenses & permits Impact fees Use of Money and Property Sort Large to Small   Powered by OpenGov 6.a Packet Pg. 144 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Grant Funding The City of San Bernardino actively pursues outside grant funding to supplement the currently available resources. By leveraging general fund dollars, the City can expand services and programs that serve our community. Grant funding is primarily managed at the program level by the department that receives the funds. The newly formed grants division within the Finance Department supports the administrative and nancial components of the grants management to ensure compliance with all local, state and federal requirements. COMMUNITY & ECONOMIC DEVELOPMENT Community Development Block G r ant (CDBG ) FY 2023 Amount Anticipated: $3,259,910 FY 2024 Amount Anticipated: $3,259,910 Source: Housing and Urban Development (HUD) Expiration: Continuous Annually, the City applies to HUD for CDBG funds via its submittal of an Annual Action Plan. The object of CDBG is to develop viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate income. The City utilizes CDBG funds for improvements related to the Americans with Disabilities Act (ADA), street and sidewalk improvements; replacement of park playground equipment; a Micro- enterprise Program which provides training for small business entrepreneurs; and Fair Housing. Emergency Solution G r ant (ESG) FY 2023 Amount Anticipated: $327,970 FY 2024 Amount Anticipated: $327,970 Source: Housing and Urban Development (HUD) Expiration: Continuous The Emergency Solutions Grants (ESG) provides funds for the engagement of individuals and families who are homeless; improvement of homeless shelters and operation of shelters; rapid re-housing of Grants Narrative 6.a Packet Pg. 145 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year homeless persons and funds to keep persons who are housed from becoming homeless through rental assistance. The program assists individuals and families quickly regain stability in permanent housing after experiencing a housing crisis or homelessness. Home Investment Partnership (HOME) FY 2023 Amount Anticipated: $1,395,707 FY 2024 Amount Anticipated: $1,395,707 Source: Housing and Urban Development (HUD) Expiration: Continuous The HOME Program provides funds for activities such as housing rehabilitation, homeownership, and the construction multi-family rental housing to benet persons of very low and low income. Typically, HOME funds are made available in the form of low interest loans. The City funds an owner-occupied rehabilitation loan program with HOME funds, as well as a rst-time ownership inll housing program General Government California Violence Intervention & Prevention Grant Program (CalVIP) FY 2023 Amount Anticipated: $450,000 FY 2024 Amount Anticipated: $450,000 Source: Board of State & Community Corrections (BSCC)/ (California State Grant) Expiration: Renewable The CalVIP State grant is a cost reimbursement grant program. The grant funds the City’s Violence Intervention Program service providers. The Violence Intervention Program (VIP) is designed to break the cycle of violence by reducing retaliatory gang related homicides and non-fatal injury shootings throughout the City of San Bernardino. Strategies for violence intervention include a focused deterrence and community-oriented policing in combination with trauma informed culturally relevant intervention strategies, such as street outreach, case management, and linkages to appropriate human services. Grant goals are to reduce group related shootings by 5% each year; and reduce victimization and violent recidivism among program participants by 15% by the end of the grant cycle. The City was awarded a California Board of State and Community Corrections, multiyear 100% matching grant for $1.5 million that provides supportive services to and allows for the delivery of intervention services through June 30, 2023. The State will conduct a scal and program audit July 1, 2023 – December 31, 2023. Grant and matching funds support program administration, contractor sta salaries, benets, program participant related costs, and proactive engagement activities Youth Reinvestment Grant Program (YRG ) FY 2023 Amount Anticipated: $268,913 Source: Board of State & Community Corrections (BSCC)/ (California State Grant) Expiration: 6/30/2023 6.a Packet Pg. 146 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year The San Bernardino Youth Reinvestment & Development Program (YRG) is designed to divert at risk youth ages 14 – 21 years of age from the juvenile justice system through evidence-based, trauma informed case management, culturally relevant programming such as academic support, job training opportunities, and linkages to existing human services. The grant cycle started July 1, 2019 and ends February 28, 2023. Juvenile diversion services are provided in collaboration with community-based service providers: Southern California Mountains Foundation, Urban Conservation Corps and Operation New Hope. Grant goals are to establish a multisector implementation team made up of service providers, law enforcement partners, and academic institutions; and, provide juvenile diversion services to a minimum of 210 youth by the end of grant cycle. Grant and matching funds support program administration, contractor sta salaries, benets, program participant related costs, and proactive engagement activities. David Miranda, Community Intervention Program Manager is listed as the day-to-day grant contact. Library California Library Literacy Services FY 2023 Amount Anticipated: $87,752 FY 2024 Amount Anticipated: $70,547 Source: California State Library Expiration: Renewable This annual grant is in support of Adult and Family Literacy services, oered to our community. The services include Adult Basic Education, GED preparation, Citizenship Preparation, and Family Literacy. Any Cash Match is covered by the US Department of Education allocation. The funds for Adult and Family Literacy are lumped together and are allocated: Adult Literacy: $67,502 Family Literacy: $20,250 Adult Education and Family Literacy Act FY 2023 Amount Anticipated: $142,828 FY 2024 Amount Anticipated: $142,828 Amount Anticipated: $142,828 Source: U.S. Department of Education Expiration: Renewable Formal grant title is Workforce Innovation and Opportunity Act, Title II: Adult Education and Family Literacy Act, Public Law 113-128, Section 225, Section 231, and Section 243. These funds, known as WIOA, allow the Literacy Department to provide services for Adult Basic Education, GED preparation, Citizenship Preparation, English as a Second Language, and Digital Literacy. In-kind funding match is in the form of forgiven rent for the Lifelong Learning Center space in the Main Library facility. Our partnership with the San Bernardino County Workforce Development Board and the Workforce Innovation and Opportunity Act One-Stop Partners is an extension of these funds and the main grant function to help provide skills to our community members for workforce development. 6.a Packet Pg. 147 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Parks, Recreation, and Community Services Retired Senior Volunteer Program (RSVP) FY 2023 Amount Anticipated: $59,848 FY 2024 Amount Anticipated: $54,809 Source: Corporation for National & Community Service (CNCS) Expiration: 4/1/2022 to 3/31/2025 An estimated 269 RSVP Volunteers will serve in a support role in these various areas: Disaster preparedness, response, mitigation and/or recovery, transportation, companionship, nutrition, senior services and tutoring programs. These volunteers will collectively provide over 29,000 hours these areas. Funding from CNCS will pay for personnel, training, and volunteer costs. Senior Companion Progr am (SCP) FY 2023 Amount Anticipated: $342,812 FY 2024 Amount Anticipated: $342,812 Source: Corporation for National & Community Service (CNCS) Expiration: 7/1/22 to 6/30/2025 Seniors helping seniors is the purpose of the Senior Companion Program. Registered volunteers provide companionship, meal preparation, grocery shopping, transportation to and from medical appointments and pharmacies for those adults with physical, emotional, or mental health limitations, most of whom are elderly. These valuable approximately forty-ve volunteers provide approximately 160 clients with 49,000 hours of personal service. Senior Nutr ition Program FY 2023 Amount Anticipated: $348,749 FY 2023 Amount Anticipated: $377,791 Source: Corporation for National & Community Service (CNCS) Expiration: 7/1/22 to 6/30/2025 The Senior Nutrition Program provides meals for seniors aged 60 years and older at six sites: 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community, Highland Senior Center, and New Hope Family Life Center. The program will serve an average of 250 clients per day and a yearly estimated total of 47,000 to 52,000 meals. Police 6.a Packet Pg. 148 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year CO PS Option Enhancing Law Enforcement Activity Subaccount Amount Anticipated: Unknown Source: COPS Option Enhancing Law Enforcement Activity Subaccount Expiration: Continuous Funds from the Citizens Option for Public Safety grant from the State of California to be used exclusively for funding frontline municipal police services. Funding is directly applied as a transfer to the General Fund. There is no guarantee on the amount of funding from this grant allocation, historically the average is $500,000 per year. CO PS Hiring Program 2021 FY 2023 Amount Anticipated: $1,020,740 FY 2024 Amount Anticipated: $1,020,740 Source: US Dept. of Justice - Community Oriented Policing Expiration: 9/30/2026 The COPS Hiring grant osets the cost of 8 police ocer positions hired after Oct. 1, 2021. The grant reimburses up to $125,000 of an ocers salary and benets per year. There is no local match requirement in this grant. Ocer positions must be maintained for two year following the three year grant funding period. Total Federal funding is $3,312,953 for the grant period of 10/1/2021 – 9/30/2024. EMPG 2020 (Emer gency Management Per formance G r ant) FY 2023 Amount Anticipated: $31,330 Source: County of San Bernardino Expiration: 6/30/2023 The COPS Hiring grant osets the cost of 8 police ocer positions hired after Oct. 1, 2021. The grant reimburses up to $125,000 of an ocers salary and benets per year. There is no local match requirement in this grant. Ocer positions must be maintained for two year following the three year grant funding period. Total Federal funding is $3,312,953 for the grant period of 10/1/2021 – 9/30/2024. HSGP FY2020 (Homeland Security Grant Program) FY 2023 Amount Anticipated: $41,111 Source: San Bernardino County Fire Expiration: 5/31/2023 The Homeland Security Grant Program is administered by the San Bernardino County Emergency Operations division. Grant funds are used to provide funding for preventing, protecting against, mitigating, responding to and recovering from acts of terrorism or other threats. This year’s funding will be used to improve security at police headquarters. Total grant award is $41,111 for the grant period 10/1/21 – 5/31/23. This grant was fully appropriated into the FY21/22 budget, unspent funds will be carried over to FY2022/2023. 6.a Packet Pg. 149 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year O TS PT22066 – Oce of Trac Safety FY 2023 Amount Anticipated: $116,700 Source: National Highway Trac Safety Administration Expiration: 9/30/2022 OTS grant funds are used to conduct trac programs aimed at reducing the number of victims killed and injured in trac collisions. The total grant award is $445,000 for the grant period of 10/1/21 – 9/30/2022. The remainder of funding will be carried over to FY2022/2023. Justice Assistance Grant (JAG) 2017 FY 2023 Amount Anticipated: $164,477 Source: Edward Byrne Memorial Justice Assistance Grant through San Bernardino County Expiration: 9/30/2022 The JAG 2017 grant is a non-competitive grant awarded by the Bureau of Justice and Administration and administered by San Bernardino County to local government agencies to be used for law enforcement programs. JAG grant funding has been delayed since 2017 due to lawsuits related to County compliance with Federal immigration policies. Grant programs have been delayed pending funding. It is anticipated that the grants will be fully funded by FY2021-22. The 2017 JAG grant will be used for the purpose of purchasing equipment needed by the police department. Total grant funding is $164,477 for the grant period of 10/1/2017 – 9/30/2022. This grant was adopted in the FY2020-21 budget, any remaining funds will be carried over to FY2022/23 Justice Assistance Grant (JAG) 2018 FY 2023 Amount Anticipated: $182,366 Source: Edward Byrne Memorial Justice Assistance Grant through San Bernardino County Expiration: 9/30/2022 The JAG 2018 grant is a non-competitive grant awarded by the Bureau of Justice and Administration and administered by San Bernardino County to local government agencies to be used for law enforcement programs. JAG grant funding has been delayed since 2017 due to lawsuits related to County compliance with Federal immigration policies. Grant programs have been delayed pending funding. It is anticipated that the grants will be fully funded by FY2021-22. The 2018 JAG grant will be used for the purposes of overtime and purchasing equipment needed by the police department. Total grant funding is $182,366 for the grant period of 10/1/2018 – 9/30/2022. This grant was adopted in the FY2020-21 budget, any remaining funds will be carried over to FY2022/23. Justice Assistance Grant (JAG) CESF 2020 FY 2023 Amount Anticipated: $55,000 Source: Edward Byrne Memorial Justice Assistance Grant through San Bernardino County Expiration: 9/30/2022 The JAG 2018 grant is a non-competitive grant awarded by the Bureau of Justice and Administration and administered by San Bernardino County to local government agencies to be used for law enforcement programs. JAG grant funding has been delayed since 2017 due to lawsuits related to County compliance 6.a Packet Pg. 150 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year with Federal immigration policies. Grant programs have been delayed pending funding. It is anticipated that the grants will be fully funded by FY2021-22. The 2018 JAG grant will be used for the purposes of overtime and purchasing equipment needed by the police department. Total grant funding is $182,366 for the grant period of 10/1/2018 – 9/30/2022. This grant was adopted in the FY2020-21 budget, any remaining funds will be carried over to FY2022/23. Tobacco Grant Award FY 2023 Amount Anticipated: $303,175 FY 2024 Amount Anticipated: $315,000 Source: State of California, Dept. of Justice Expiration: 6/30/2024 The JAG 2018 grant is a non-competitive grant awarded by the Bureau of Justice and Administration and administered by San Bernardino County to local government agencies to be used for law enforcement programs. JAG grant funding has been delayed since 2017 due to lawsuits related to County compliance with Federal immigration policies. Grant programs have been delayed pending funding. It is anticipated that the grants will be fully funded by FY2021-22. The 2018 JAG grant will be used for the purposes of overtime and purchasing equipment needed by the police department. Total grant funding is $182,366 for the grant period of 10/1/2018 – 9/30/2022. This grant was adopted in the FY2020-21 budget, any remaining funds will be carried over to FY2022/23. Public Works Used Oil Payment Program OPP12 (O PP) FY 2023 Amount Anticipated: $28,629 FY 2024 Amount Anticipated: $28,629 Source: CalRecycle Expiration: Renewable Local certied collection centers within the City boundaries collect all used oil from residents. It is the City’s responsibility to monitor that collection, provide public education and outreach to the residents, and submit annual reports to CalRecycle. The award amount of $28,629 for FY 22/23 has been approved and will be received in late April or early May 2022. The grant period is from July 1, 2021 – June 30, 2023 and will need to be appropriated accordingly into FY 22/23 budget. City/County Payment Pr ogram (CCPP) FY 2023 Amount Anticipated: $53,600 FY 2024 Amount Anticipated: $53,600 Source: CalRecycle Expiration: Renewable Beverage container recycling is essentially all public education and outreach. It is the biggest component of municipal waste recycling. Education and outreach must address all the components of recycling. 6.a Packet Pg. 151 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Implementing and monitoring this program can shift the behavior for the targeted residents, necessitating a strong education eort. Education includes Earth Day events, collaboration with IE 66ers, Burrtec Waste Industries, EcoHero Show LLC and a web/mobile application with online services including calendars, widgets, newsletters, reminders, messaging, tools, social media and events. CCPP 2019/20 funding of $53,751 was received from CalRecycle in July 2021 for the grant period of April 2022 – March 2023. This grant money will need to be carried over to FY 22/23 budget. Waste Tir e Cleanup Grant FY 2023 Amount Anticipated: $15,000 FY 2024 Amount Anticipated: $15,000 Source: CalRecycle Expiration: Renewable Waste tire cleanup grant program provides grant monies for personnel duties, collection, transportation, and proper disposal of waste tires that are found throughout the City of San Bernardino. The City pays for all the costs related to waste tire cleanup up front and is then reimbursed when a payment request is submitted. The City utilizes the monthly residential city cleanup day to collect unwanted waste tires from residents free of charge. Evolving public education and outreach methods are essential to help inform residents of the dierent avenues to dispose waste tires, rather than dump them illegally throughout the City of San Bernardino. Eorts to spend the money during the grant term will be in partnership with Burrtec Waste Industries. Typically, this grant has a term of 2 years from the determined grant start date. Animal Services San Manuel Vet Grant Total Amount Anticipated: $1.1 M Source: San Manuel Band of Mission Indians Expiration: Renewable Funds were granted to cover the purchase of a mobile veterinary vehicle as well as funds for stang. Department is working to purchase the vehicle and onboard sta. San Manuel Grant Total Amount Anticipated: $1.5 M Source: San Manuel Band of Mission Indians Expiration: Renewable Funds are being disbursed through FY 2022-2023 at $500,000.00 annually to cover the cost of facility upgrades at the current shelter, veterinary care for impounded pets, veterinary care, including vaccines, 6.a Packet Pg. 152 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year spay neuter and microchips for the community as well as design services for the new/replacement shelter. Best Friends Grant Total Amount Anticipated: $45,000 Source: Best Friends Animal Society Expiration: Renewable Department received $45,000 in grant funding to help establish a kitten foster program with bottle baby kits and funding for supplies as well as vet care for this population. Best Friends regularly oers grant funding for shelters to oset the cost of programming. City Website | Transparency Portal | Table of Contents (909) 384-7272 | 290 North D Street San Bernardino, CA 92401 Powered by OpenGov 6.a Packet Pg. 153 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions The Mayor and City Council voted to establish Animal Services as its own department on December 4, 2019. The Animal Services department cares for all lost, abandoned, injured, and seized animals in the city’s shelter until they can be returned to their owners or adopted by a member of the public. The department is comprised of three units: Administration, Field Services, and Shelter Services Administration Field Services Shelter Services Animal Services 6.a Packet Pg. 154 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What did Animal Services achieve in Fiscal Year 2021/22? 1. The save rate for dogs from the beginning of the scal year through February 28, 2022 was 93%. This is an increase of 1% over the previous scal year’s save rate of 92%. In addition to the increased save rate, the department also impounded 500 more dogs this year to date over the prior year. (Save rate represents the percentage of animals impounded with live outcomes) 2. The save rate for cats from the beginning of the scal year through February 28, 2022 was 69%. This is a decrease of 5% from the previous year’s save rate of 74%. The reduction in save rate is due to the department no longer impounding healthy stray cats. We have been focused on helping those animals that truly need us; the sick, injured and underage. This population has a lower survival rate when compared to the healthy population of cats. 3. 13% of all animals impounded were returned to their owner from the beginning of the scal year through February 28, 2022. 4. Celebrated the completion of several facility upgrades in December 2021 with a public Grand Re- Opening Event 5. The Department oered License Amnesty to pet owners from July 1 through August 31, 2021. The amnesty event resulted in an increase of 300 pet licenses and $14,000 in revenue over the previous year. 6. Awarded grant funding from the San Manuel Band of Mission Indians in the amount of $1.1 million dollars, for a mobile veterinary vehicle with a surgery suite and veterinary sta to care for the animals at the shelter and in the community. 7. Dog licensing fees represented 49% of the Department’s revenue for the scal year to date. 8. The Department has received over $16,000 in donations scal year to date. These monies help cover the cost of vet care and special programs for pets in the shelter; donations can be made online through the Animal Services page on the city’s website. Expenses by Type Reset Broken down by Expenses Animal Ser vices History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M 3.0M 3.5M 4.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   6.a Packet Pg. 155 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am ,, ,, ,, ,, ,, ,,,,,, ,,, ,,,, ,, ,, ,, ,, ,, ,, ,, Administration Field Services San Manuel Grant Animal Shelter Services COVID-19 Activity Best Friends Grant Total 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Position Summary Animal Services - FTE Count Position Name FY2023 FY2024 Allocated FTE Count ANIMAL SERVICES SUPERVISOR 2.00 2.00 DIRECTOR OF ANIMAL SERVICES (U)1.00 1.00 ANIMAL SHELTER ATTENDANT 8.00 8.00 ANIMAL CONTROL OFFICER II 5.00 5.00 LEAD ANIMAL CONTROL OFFICER 1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 REGISTERED VETERINARY TECHNICIAN 1.00 1.00 SENIOR ANIMAL SERVICES REP.6.00 6.00 ALLOCATED FTE COUNT 25.00 25.00 Powered by OpenGov 6.a Packet Pg. 156 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Administration supports the department through leadership and guidance for the team, ensuring staff has the tools, training and knowledge to perform their jobs and align with current animal welfare industry standards. The unit conducts all Animal Welfare Commission meetings to gather community input and feedback on the programs and services offered by the department. The unit applies for grant funding to support our mission and monitors all expenses and projects, ensuring fiscal responsibility and sustainability within the department. Administration maintains relationships with other city departments and agencies, building trust with our partners and colleagues in the region. Expenses by Type Reset Broken down by Expenses Animal Ser vices History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M 3.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   ADMINISTRATION ANIMAL SERVICES 6.a Packet Pg. 157 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Animal Services - Administration (by Program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Administration $0 $0 $1,537,473 $2,241,409 $1,653,483 $2,704,575 $2,672,968 San Manuel Grant $0 $0 $32,290 $0 $106,169 $500,000 $0 COVID-19 Activity $0 $0 $28,581 $0 $7,374 $0 $0 Best Friends Grant $0 $0 $8,804 $0 $12,260 $0 $0 TOTAL $0 $0 $1,607,148 $2,241,409 $1,779,287 $3,204,575 $2,672,968 Powered by OpenGov 6.a Packet Pg. 158 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Animal control officers work under the Field Services division. Officers respond to calls for service throughout the city of San Bernardino, impounding stray, injured and sick animals as well as enforcing the city ordinances. Animal control officers are on call 24 hours a day, ready to assist with the city’s animal control needs. Calls for help with animals can come in from the public, law enforcement, the fire department, or other agencies. Officers impound stray animals, transporting the injured or sick animals to a contracted veterinarian for treatment. They document animal bites, impose rabies quarantine on animals, conduct animal cruelty investigations and respond to nuisance animal complaints. Animal control officers enforce animal related ordinances, issuing dog licenses; kennel/cattery licenses; circus, aviary, pet store, and groomers licenses in the city. They work with residents to come into compliance with ordinances, issuing warnings or citations when necessary. Animal control officers prepare court documents and appear in court on behalf of the city for violations to the city ordinances, and we assist with emergency planning and response. As the public face of the department, animal control officers participate in community service events, educate the residents on the proper care of animals, speak to students at schools and community groups in order to educate them on the importance of vaccinating, spay and neuter and licensing their pets. Licensing Services Dog licensing is required by the city of San Bernardino ordinance and state law. Animal Services oers residents the option of a one, two, or three-year license for each of their dogs with proof of a valid Rabies Vaccination Certicate and certicate of spay or neuter. License renewal notices are sent out monthly to our city residents to remind them that their animal’s license needs to be renewed. License checkers contact dog owners by canvassing neighborhoods to determine if there are unlicensed and unvaccinated dogs within our city limits. They also educate the public about the licensing requirements, issue warnings to potential violators and conduct follow ups to ensure compliance with the licensing regulations. Licenses can be purchased through the mail, in person at the shelter or online through the website. FIELD SERVICES ANIMAL SERVICES 6.a Packet Pg. 159 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Animal Ser vices Field Services History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 200.0K 400.0K 600.0K 800.0K 1.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am Animal Services - Field Services (by Program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Field Services $0 $0 $625,001 $731,454 $545,648 $978,235 $1,021,647 TOTAL $0 $0 $625,001 $731,454 $545,648 $978,235 $1,021,647 Powered by OpenGov 6.a Packet Pg. 160 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Shelter Services ensures that all animals receive immediate care and health assessment upon impound at the city’s shelter. Every dog and cat is vaccinated, receives flea and tick treatment and is given a medical assessment. If staff determines additional medical attention or treatment is necessary, the animal is transported to our contracted city veterinarian for further diagnosis and treatment. Photographs are taken and placed on petharbor.com to allow identification of privately owned animals by their owners and to highlight pets available for adoption. During an animal’s stay at the shelter, attendants feed, clean and offer enrichment to the animals on a daily basis. Our customer service counters provide adoption services to the public and coordinate with pet rescues to help place animals with special needs. As part of the adoption and redemption process, every animal is micro- chipped as required by state law. Cats and dogs who arrive to the shelter unaltered are sent to the contracted city veterinarian or Humane Society for spay or neuter surgery before being released to their new or existing owner. Additional shelter services include owner surrenders, micro-chipping for privately owned animals and assistance with reuniting lost and found animals with their owners. The department also provides disposal services for deceased animals and will coordinate cremation services for deceased animals. SHELTER SERVICES ANIMAL SERVICES 6.a Packet Pg. 161 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Animal Ser vices Animal Shelter Services History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 5.0K 10.0K 15.0K 20.0K 25.0K 30.0K DollarsBack Personnel Sort Large to Small   Expenses by Progr am Animal Shelter - Shelter Services (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Animal Shelter Services $0 $0 $0 $30,370 $5,456 $30,435 $30,435 TOTAL $0 $0 $0 $30,370 $5,456 $30,435 $30,435 Powered by OpenGov 6.a Packet Pg. 162 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions As of March 4, 2020, the City Clerk is a position appointed by the Mayor and City Council. The City Clerk department carries out duties as mandated in the city’s charter, municipal code, and state mandated responsibilities. The City Clerk department is the custodian of public records of the city, including ordinances, resolutions, minutes of the City Council meetings, election related documents, Campaign Disclosure Filings, Statements of Economic Interest, and many others. As a support services for the city, the department consists of three programs: Administration, Elections, and Records Management, with distinct and sometimes overlapping responsibilities for maximum efficiency. The department operates under the direction of the city clerk, with support from the assistant city clerk, both of which are professionally certified as municipal clerks, have experience in local election administration, records management, and delivery of public records. The city clerk serves as the filing officer for all Statements of Economic Interest (Form 700). Ministerial duties include administering oaths of office; notarizing city documents, attesting and sealing official documents Administration Elections Records Management CIT Y CLERK 6.a Packet Pg. 163 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What has the City Clerk's Oce achieved in Fiscal Year 2021/22 so far? 1. Generated and published 30 Mayor and City Council regular and special meeting agendas. 2. Generated and published all Mayor and City Council Meeting minutes for the rst half of 2022. 3. Responded to over 1,000 Public Records Act Requests. 4. Processed over 500 subpoenas, claims, summons, and other legal documents. 5. Processed, routed, nalized, and led over 350 resolutions and 40 ordinances, including the completion of the necessary updates to the Municipal Code. 6. Established and facilitated a remote public comment option via Zoom for Mayor and City Council Meetings. 7. Drafted and released an RFP, interviewed proposers, and chose a consultant for the 2020 Census Electoral Redistricting process. 8. Successfully assisted in completing the Electoral Redistricting Process, including facilitating Redistricting Committee meetings, multiple in-person and virtual Community workshops, and Public Hearings. Worked with the San Bernardino County Registrar of Voters (ROV) and the Mayor and City Council to adopt nal ward maps in December 2021. 9. Started Social Media accounts for the City Clerk’s oce (Facebook and Instagram) 10. Restarted the City’s Passport Acceptance Facility in August, issuing over 420 passports by the end of 2021. 11. Began Voter Registration Outreach in August by distributing voter registration applications. 12. Drafted and released an RFP for Spanish Interpretation Services, to begin in 2022 for Mayor and City Council Meetings. 6.a Packet Pg. 164 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year 13. Coordinated an agreement and began implementation of a new agenda management system, with the ability to translate the agenda in over 100 languages. 14. Drafted and released an RFP for a new Public Records Request Management Software to increase customer service, accessibility, eciency and transparency in public records. 15. In February began the candidate ling nomination process throughout a 4-week period in which over 37 appointments were held with potential candidates for the oces of Mayor, Councilmember Ward 1, Councilmember Ward 2, and Councilmember Ward 4. 16. Initiated a city-wide records management needs assessment and Records Retention Schedule Upgrade Expenses by Type Reset Broken down by Expenses City Clerk History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 250.0K 500.0K 750.0K 1.3M 1.5M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am City Clerk - Expenditure by Division 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Administration $596,957 $526,076 $421,011 $932,573 $636,294 $814,234 $841,814 Elections $135,882 $256,132 $273,784 $406,834 $107,271 $411,441 $474,104 Records Managment $61,036 $163,195 $116,883 $200,395 $152,287 $255,171 $264,931 Passport Acceptance $926 $0 $0 $650 $1,213 $2,800 $2,800 COVID-19 Activity $2,039 $0 $1,043 $0 $3,479 $0 $0 TOTAL $796,839 $945,403 $812,721 $1,540,453 $900,543 $1,483,646 $1,583,649 Position Summary City Clerk - FTE Position Name FY2023 FY2024 Allocated FTE Count RECORDS MANAGEMENT SPECIALIST (U)1.00 1.00 DEPUTY CITY CLERK I (U)2.00 2.00 SENIOR OFFICE ASSISTANT (U)1.00 1.00 CITY CLERK (U)1.00 1.00 DEPUTY CITY CLERK III (U)1.00 1.00 ALLOCATED FTE COUNT 6.00 6.00 Powered by OpenGov 6.a Packet Pg. 165 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Administration is responsible for preparing agendas and minutes of all meetings of the Mayor and City Council. This program processes all resolutions and ordinances and claims filed against the city. The Administration program also receives appeals and is responsible for maintaining the city’s municipal code, distributing supplements to municipal code subscribers, and maintaining the list of appointees to all city boards and commissions. Expenses by Type Reset Broken down by Expenses City Clerk History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 200.0K 400.0K 600.0K 800.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am City Clerk - Administration (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Administration $596,957 $526,076 $421,011 $932,573 $636,294 $814,234 $841,814 COVID-19 Activity $2,039 $0 $1,043 $0 $3,479 $0 $0 TOTAL $598,996 $526,076 $422,054 $932,573 $639,773 $814,234 $841,814 Powered by OpenGov ADMINISTRATION CITY CLERK 6.a Packet Pg. 166 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Election Services duties are performed by staff in the Administration program. When necessary, Administration will enlist the support of personnel in the entire department to assist with city-conducted elections. For cost effectiveness, the city contracts with the San Bernardino County Registrar of Voters to conduct elections. However, the Mayor and City Council may require the office to conduct its own elections. The city’s regular elections occur every two years, on even years and staff prepares candidate notebooks, issue nomination papers and accepts them for filing, along with other documents required to be filed by candidates. Staff proofreads all candidate statements and arranges for the federally-mandated translation from English to Spanish. Election Services provides guidance to candidates in meeting their legal responsibilities before, during, and after an election. This includes filing of semi-annual campaign statements and following state law regarding ethics training. This program must also be prepared to handle any issues/processes concerning charter amendments, recalls, initiatives, referendums, and special elections. ELECTION SERVICES CITY CLERK 6.a Packet Pg. 167 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type (Graph) Updated On 10 May, 2022 Reset Broken down by Expenses City Clerk Elections History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Help Share  Expenses by Progr am City Clerk - Elections (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Elections $135,882 $256,132 $273,784 $406,834 $107,271 $411,441 $474,104 TOTAL $135,882 $256,132 $273,784 $406,834 $107,271 $411,441 $474,104 Powered by OpenGov 6.a Packet Pg. 168 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview As custodian of public records of the city, the department maintains records to ensure compliance with records retention schedules and the Public Records Act. As part of that function, the office processes records requests from internal and external customers seeking access to those records. The office manages the receipt and processing of petitions relating to initiatives, recalls, and referendums. City Clerk staff maintains copies of the city charter and municipal code and publishes updates to the municipal code as they occur. Additional services include subpoena processing, and routing contracts. Expenses by Type (Graph) Updated On 10 May, 2022 Reset Broken down by Expenses City Clerk History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 50.0K 100.0K 150.0K 200.0K 250.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Help Share  RECORDS MANAGEMENT CITY CLERK 6.a Packet Pg. 169 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am City Clerk - Records Management (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Records Managment $61,036 $163,195 $116,883 $200,395 $152,287 $255,171 $264,931 Passport Acceptance $926 $0 $0 $650 $1,213 $2,800 $2,800 TOTAL $61,961 $163,195 $116,883 $201,045 $153,499 $257,971 $267,731 Powered by OpenGov 6.a Packet Pg. 170 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department O verview The Mayor’s Oce serves as the lead in establishing and fostering relationships in support of the City of San Bernardino’s Mayor and City Council vision, and key strategic goals. The department functions through one division: Administration, which provides support to the mayor in his role as the chief spokesperson for the municipality. Administration Administration is responsible for the implementation of the daily operations for the oce. The program covers the cost of the sta, supplies and resources needed to oversee and implement strategic, eective and ecient policy and action aligned with the adopted vision, goals, and priorities. The major components of this program include: Community Outreach and Engagement, Growing Economic Value, Improving Quality of Life, Forming and Maintaining Partnerships. Community Outreach and Engagement Using social media, email campaigns, videography, newsletters, and community meeting attendance the mayor and oce sta engage citizens, inform residents of municipal government business, and promote pride in the city. Additionally, the oce coordinates and hosts the Annual State of the City. This event is an opportunity for citizens to meet and interact with elected ocials, city sta, and other residents; celebrate the city, and come together as a community. Growing Economic Value To enhance economic value, the oce highlights and encourages patronage of local businesses, and continually seeks to bring new job opportunities to the city by forming partnership with developers and inviting new businesses to make San Bernardino their home. MAYOR'S OFFICE 6.a Packet Pg. 171 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year The oce also works to create, foster, and support partnerships and programs that cultivate a culture of learning and opportunity for San Bernardino residents. College Internship Program The oce has historically hosted college and university students for internships, laying the foundation for their entrance into the San Bernardino job market. The oce will continue to contribute to closing the skills gap by providing capable San Bernardino Valley College, California State University San Bernardino, and other local college students with opportunities in the oce. Forming and Maintaining Partnership By serving on a variety of boards, the mayor is able to advocate for the needs of the city and develop relationships that can benet the city of San Bernardino. Regional Boards The mayor’s participation in regional boards covers areas such as transportation, economic development, and construction associated with those activities. Many of these boards involve transit that connect San Bernardino residents to places of employment, retail, entertainment, and recreation within the city, the Inland Empire, and the Southern California region, which results in increased economic development opportunities and a more sustainable city. The mayor serves on the following: OmniTrans OmniTrans is the public transit agency serving the San Bernardino Valley, providing safe, reliable, aordable, friendly, and environmentally responsible transportation. The mayor’s participation on the board gives a voice to the constituents of San Bernardino. In San Bernardino, OmniTrans is a partner in the Downtown San Bernardino Passenger Rail Project and is responsible for the Transit Center, which establishes San Bernardino as a destination and an epicenter for economic development and growth, and the SBX, which provides rapid transit for students, residents, and visitors of San Bernardino. San Bernardino County Transportation Authority SBCTA is responsible for cooperative regional planning and furthering an ecient multi-modal transportation system countywide. The SBCTA administers Measure I, the half-cent transportation sales tax approved by county voters in 1989, and supports freeway construction projects, regional and local road improvements, train and bus transportation, railroad crossings, call boxes, ride-sharing, congestion management eorts, and longterm planning studies. In San Bernardino, SBCTA is a partner for the Downtown San Bernardino Passenger Rail Project and is responsible for improvements to the I-215 Tippecanoe Interchange, Palm Avenue, and to the Muscoy Bridge Retrot. Inland Valley Development Agency IVDA serves as the Local Reuse Authority to achieve successful implementation of the eective reuse of the former Norton Air Force Base. This includes support for a public airport and various lands and buildings. During its annual review, the agency found that the 14,000-acre area of the former base now employs 10,780 people and is responsible for an economic output of $1.9 billion, surpassing the totals lost when the base closed in 1994. The agency, in partnership with SBIAA also hosts the SBD Air Fest annually, attracting thousands of attendees. San Bernardino International Airport Authority 6.a Packet Pg. 172 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year San Bernardino International Airport Authority (SBIAA) is a regional joint powers authority created by and through State Legislation to serve as the owner, developer, and operator of the aeronautical portions of the former Norton Air Force Base, now known as the San Bernardino International Airport. The Authority’s eorts are focused on strengthening our community and region by promoting aviation activities and business opportunities, improving the infrastructure, landscape, and aesthetics of the airport, and promoting the safe and ecient movement of people and goods throughout the Southern California region. In 2016, SBIAA approved a Memorandum of Agreement with the International Trade Administration on a variety of initiatives to increase international trade, business investment awareness, and promote programs that will benet local businesses. Expenses by Type Updated On 10 May, 2022 Reset Broken down by Expenses Mayor History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K 600.0K 700.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Help Share  6.a Packet Pg. 173 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Mayor - Expenditure by Division 2019 - 20 Budget 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget Administration $811,200 $717,198 $438,101 $456,581 $367,096 Fine Arts & Cultural Affairs $20,000 $1,693 $0 $17,098 $0 COVID-19 Activity $0 $2,996 $0 $0 $0 TOTAL $831,200 $721,887 $438,101 $473,679 $367,096 Position Summary Mayor - FTE Position Name FY2023 FY2024 Allocated FTE Count EXECUTIVE ASSISTANT TO MAYOR (U)1.00 1.00 MAYOR 1.00 1.00 ALLOCATED FTE COUNT 2.00 2.00 Powered by OpenGov 6.a Packet Pg. 174 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department O verview The City Council department provides support to elected City Council members. The resources to conduct City Council business such as memberships, conference and travel expenses, general supplies as well as the costs related to administrative support are budgeted here. Under the council-manager form of government, established pursuant to the San Bernardino City Charter section 200, the Mayor and City Council, acting as the legislative body, are responsible for the legislative functions of the city including establishing policies and priorities based on information provided by sta, advisory boards and commissions, and the community. City Council develops an overall vision and mission; approving the annual spending plan; providing for the exercise and performance of all duties and obligations imposed on the city by state and federal laws; and implementing policy through sta under the direction of the appointed city manager. City Council members are elected by ward by the voters within that ward for terms of four years, with terms staggered between the wards pursuant to the San Bernardino Municipal Code. City Council 6.a Packet Pg. 175 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses City Council History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 200.0K 400.0K 600.0K 800.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am , , , , , , , ,,,,,,, , , , , , , , , City Council Council Support COVID-19 Activity Total 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Position Summary City Council - FTE Position Name FY2023 FY2024 Allocated FTE Count ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)1.00 1.00 COMMON COUNCIL 7.00 7.00 COUNCIL ADMINISTRATIVE SUPERVISOR (U)1.00 1.00 ALLOCATED FTE COUNT 9.00 9.00 Powered by OpenGov 6.a Packet Pg. 176 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions The City Manager is appointed by the Mayor and City Council and functions as the municipality’s chief executive officer to implement the vision, goals, and objectives established by the Mayor and City Council. The City Manager directs daily operations of the organization, makes recommendations and assists the Mayor and City Council in formulating policies, prepares and administers the municipal budget, provides professional leadership in the administration of the city and is responsible for the direction of all municipal programs and services as well as the supervision of all city departments and agencies, with the exception of those governed by separate boards including the Library and Water Department, and the offices of appointed officials. Programs of the City Manager office include Administration, and the Air Quality and Rideshare program, along with oversight of the support staff in the Mayor, and City Council offices. Administration Air Quality and Rideshare CIT Y MANAGER'S OFFICE 6.a Packet Pg. 177 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What did the City Manager's Oce Accomplish in FY 2021/22 Led the organization through the scal and administrative challenges associated with responding to the COVID-19 pandemic, including the reopening process. Identied spending priorities to ensure the eective allocation of federal and state COVID relief funds. 1. Completed labor negotiations, leading to three-year contracts with all non-management bargaining units. 2. Completed complex settlement negotiations with remaining Measure O cannabis dispensaries, bringing them into compliance with SBMC Section 510 and collecting outstanding cannabis tax receivables of nearly $2 million . 3. Executive Sta hired in key positions including the new Assistant City Manager, Chief of Police, Human Resources Director, Information Technology Director, Parks and Recreation Director, Public Works Director, and Diversity, Equity, and Inclusion Ocer. 4. Facilitated numerous City Council workshops, including a Strategic Planning Session, the General Plan/Downtown Specic Plan process, and Budget planning. 5. Accelerated the negotiation process for the redevelopment of the Carousel Mall site redevelopment project(s). 6. Oversaw the development and adoption of a new administrative policy manual as well as Travel Policy, Reimbursement Policy, Procurement Card Policy, and Fiscal Management Policy. 7. Oversaw the development and adoption of an executive compensation and benets plan.8. Negotiated the funding and preparation of a comprehensive Economic Study of the City by noted economist Dr. Christopher Thornberg, Director of the Economic Forecast Center at the UCR School of Business and Founder/President of Beacon Economics. 9. Negotiated the award of $2.22 million in grant funding from the San Manuel Band of Mission Indians to the City for construction of improvements at Seccombe Lake Park, purchase and operation of a Mobile Veterinary Clinic, and purchase of two SBPD patrol vehicles. 10. Negotiated the award of a $1.5 million grant from the San Manuel Band of Mission Indians to the Department of Animal Services to be used for programs, services, and preliminary design of a replacement animal shelter. 11. Directed negotiations that resulted in the relocation of the annual UCR Business School Economic Forecast event for the County of San Bernardino to downtown; event formerly took place in Ontario. 12. Working in conjunction with the ASPEN Institute Latinos and Society Program, convened a task force of key stakeholders to develop solutions to foster minority owned business creation and workforce expansion in San Bernardino. 13. Working in conjunction with the ASPEN Institute, received $150,000 from the Irvine Foundation to retain consultant Bruce Katz to develop an investment playbook for the city which will align transformational local investment needs and match them to local, federal, state, private, and philanthropic funding opportunities. 14. Convened a working group of stakeholders (police, homeless service providers, non-prots, faith- based groups) to improve interagency communication, data sharing, and to develop additional solutions for unsheltered individuals and families. 15. Expanded and strengthened our inter-governmental partnerships with the San Manuel Band of Mission Indians, County of San Bernardino, San Bernardino County Transportation Agency, Caltrans, California State University San Bernardino, San Bernardino Community College District, Inland Valley Airport Authority, San Bernardino Unied School District, the University of California, Riverside, and our federal and state legislative delegation. 16. Inland Empire Media Group increased its number of You Tube subscribers by 14.35%17. 6.a Packet Pg. 178 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses City Manager History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M 3.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am City Manager - Expenditure by Division 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Administration $890,724 $1,216,396 $1,285,991 $1,684,901 $1,290,949 $2,250,689 $2,318,712 Customer & Neighborhood Services $521,483 $567,273 $542,502 $0 $0 $0 $0 Violence Intervention $714,678 $289,435 $556,416 $0 $0 $0 $0 CATV $311,421 $461,153 $284,794 $0 $0 $0 $0 Youth Reinvestment Grant $220,267 $0 $286,291 $0 $0 $0 $0 Air Quality & Rideshare $58,568 $67,191 $64,284 $65,850 $37,618 $78,985 $80,721 Communication & Comm Relations $333,870 $0 $0 $0 $0 $0 $0 Administrative Services $331,752 $0 $0 $0 $0 $0 $0 COVID-19 Activity $27,960 $0 $19,025 $0 $11,811 $0 $0 ADMINISTRATION (HOMEImprovement/ CDBG)$0 $0 $0 $0 $0 $0 $0 CDBG Administration $0 $0 $0 $0 $0 $0 $0 TOTAL $3,410,723 $2,601,448 $3,039,304 $1,750,751 $1,340,378 $2,329,674 $2,399,433 Position Summary City Manager - FTE Position Name FY2023 FY2024 Allocated FTE Count EXECUTIVE ASSISTANT (U)1.00 1.00 SENIOR OFFICE ASSISTANT (U)1.00 1.00 6.a Packet Pg. 179 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Position Name FY2023 FY2024 PUBLIC INFORMATION OFFICER (U)1.00 1.00 CITY MANAGER (U)1.00 1.00 SENIOR MANAGEMENT ANALYST 2.00 2.00 ASSISTANT CITY MANAGER (U)1.00 1.00 MANAGEMENT ANALYST I (FLEX)2.00 2.00 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)1.00 1.00 ALLOCATED FTE COUNT 10.00 10.00 Powered by OpenGov 6.a Packet Pg. 180 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Administration is responsible for providing clear direction, leadership, and the management of operations to ensure the cost effective and efficient delivery of municipal services. This division assists in improving accountability of city government and promotes improvement in the quality of services; furnishes objective, useful, relevant, accurate and timely audits, information, and recommendations regarding city operations; oversees intergovernmental affairs and activities; and promotes the city’s position on legislative issues based upon the city’s adopted legislative platform. Expenses by Type (Graph) Reset Broken down by Expenses City Manager History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M 3.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   ADMINISTRATION CITY MANAGER 6.a Packet Pg. 181 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am City Manager - Administration (by program) 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Administration $890,724 $1,216,396 $1,285,991 $1,684,901 $1,290,949 $2,250,689 $2,318,712 Customer & Neighborhood Services $521,483 $567,273 $542,502 $0 $0 $0 $0 Violence Intervention $714,678 $289,435 $556,416 $0 $0 $0 $0 CATV $311,421 $461,153 $284,794 $0 $0 $0 $0 Youth Reinvestment Grant $220,267 $0 $286,291 $0 $0 $0 $0 Communication & Comm Relations $333,870 $0 $0 $0 $0 $0 $0 Administrative Services $331,752 $0 $0 $0 $0 $0 $0 COVID-19 Activity $27,960 $0 $19,025 $0 $11,811 $0 $0 ADMINISTRATION (HOMEImprovement/ CDBG)$0 $0 $0 $0 $0 $0 $0 CDBG Administration $0 $0 $0 $0 $0 $0 $0 TOTAL $3,352,155 $2,534,256 $2,975,020 $1,684,901 $1,302,760 $2,250,689 $2,318,712 Powered by OpenGov 6.a Packet Pg. 182 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Air Quality and Rideshare program accounts for the city’s implementation of programs in accordance with Assembly Bill (AB) 2766, the California Clean Air Act of 1988, and South Coast Air Quality Management District Rule 2202. The program focuses on reducing emissions by incentivizing rideshare efforts. Expenses by Type Updated On 10 May, 2022 Reset Broken down by Expenses City Manager Air Quality & Rideshare History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 10.0K 20.0K 30.0K 40.0K 50.0K 60.0K 70.0K 80.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Help Share  AIR QUALIT Y AND RIDESHARE CITY MANAGER 6.a Packet Pg. 183 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am City Manager - Air Quality & Rideshare 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Air Quality & Rideshare $58,568 $67,191 $64,284 $65,850 $37,618 $78,985 $80,721 TOTAL $58,568 $67,191 $64,284 $65,850 $37,618 $78,985 $80,721 Powered by OpenGov 6.a Packet Pg. 184 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions The Community and Economic Development department functions as the liaison to the city manager, Mayor and City Council on land use, development, housing, and environmental issues, both locally and regionally. The department also manages the economic development functions of the city including business attraction, business retention and marketing the city’s assets. The department is comprised of six internally related divisions including Administration, Planning, Building and Safety, Housing, Economic Development, and Code Enforcement. Administration Planning Buidling and Safety Housing Division Economic Development Code Enforcement Successor Agency COMMUNITY & ECONOMIC DEVELOPMENT 6.a Packet Pg. 185 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What has Communiy & Economic Development achieved in FY 2021/2022 so far? All four of Building and Safety’s Community Development Technician positions and one building inspector position that was staed by consultant personnel (Willdan) have been or are in the process of being lled with permanent-hire city employees, thereby saving approximately $690,000.00 annually. 1. Plan reviews of small to medium size projects that were previously performed by Willdan are now being performed in-house, saving approximately $20,000.00/month, or $240,000.00 annually. This change has not only saved money but has improved plan check turn-around times and increased customer satisfaction. 2. The number of building permits issued to date this scal year are up 148% compared to last scal year, FY 20/21 - revenues received are following the same trend and will be retained as such by the steps taken above. 3. Hired a new Code Enforcement Manager to lead the division in enhancing public safety and quality of life in the city’s neighborhoods through enforcement of laws and codes. 4. Hiring of 4 new Code Enforcement Ocers by April 4, 2022, to provide a more consistent approach to build trust, improve quality of life, timely responses, and visible reduction of blight for residents and businesses throughout the city. 5. Hired a new Economic Development Project Manager to work in tandem with the Economic Development Specialist to implement business retention, expansion, and attraction strategies in order to enhance the economic vitality of the community. 6. Executed the Exclusive Negotiation Agreement on September 1, 2021 to negotiate the terms of the Disposition and Development Agreement for the development of the Carousel Mall site. 7. Creation of the City’s Marketing Brochure, Video, and Social Media Channels.8. Updated “Business Development” webpage to provide business community with more resources.9. Attended ICSC Symposium in participation with the San Bernardino County Economic Development Department to market the City to potential business and industries 10. Released and Closed the Arden Guthrie RFP for the development of 17-acre commercial site11. Four (4) more Commercial Cannabis Retail locations are open and operating which increases the Cannabis Tax collected by the City of San Bernardino 12. Four homeowners within the City of San Bernardino received loans up to $40,000 to make necessary repairs and improvements to their homes. 13. Two Inll Housing Units were completed and sold to qualied buyers.14. Seventy-Eight (78) multifamily aordable housing units have been inspected thus far during the scal year and the Department is collaborating with eight property management companies to ensure compliance with aordable housing regulatory agreements 15. Hired a new Planning Technician as the point of contact at the public counter in order to enhance our customer service to the community. 16. Hired a new Assistant Planner to enhance our customer service to the business and construction community by assisting with the processing of zoning verications applications for new business licenses (to date during this scal year 1,320 applications have been processed) and to review construction drawings for Accessory Dwelling Unit to ensure compliance with the City’s Ordinance (to date during this scal year over 500 permits have been processed/approved). 17. 6.a Packet Pg. 186 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Community & Economic Develo… History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 5.0M 10.0M 15.0M 20.0M 25.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   6.a Packet Pg. 187 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Community & Economic Development - Expenditure by Division 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget EDA - ROPS $5,073,455 $16,790,462 $4,090,342 $13,482,343 $1,891,797 $0 $0 Building and Safety $1,061,029 $2,217,678 $2,553,396 $2,440,662 $1,438,787 $2,771,181 $2,833,431 Enforcement & Beautification $219,919 $1,559,961 $1,228,113 $2,288,294 $1,302,845 $3,630,723 $3,685,267 CDBG Administration $563,460 $3,345,169 $473,878 $2,456,337 $188,771 $2,783,854 $2,803,288 ERAP-2 State $0 $0 $0 $0 $8,951,566 $0 $0 Administration $989,849 $631,550 $650,934 $1,564,798 $793,904 $1,740,512 $1,783,512 General Plan Update $0 $0 $325,985 $2,051,260 $1,045,212 $2,051,260 $2,051,260 ADMINISTRATION (HOMEImprovement/ CDBG)$54,743 $2,624,104 $90,877 $1,539,512 $85,109 $1,354,018 $1,355,046 Planning $845,739 $907,360 $815,822 $1,102,221 $843,632 $1,168,522 $1,223,120 Emergency Rental Assistance Prog $0 $0 $3,120,459 $0 $3,175,591 $0 $0 Economic Development $108,712 $307,844 $168,874 $533,183 $241,447 $612,747 $623,115 Arrowhead Grove Mixed IncomHous $1,430,000 $0 $750,000 $0 $179,723 $0 $0 Mental Health Systems $0 $0 $0 $0 $1,450,188 $0 $0 ESG Administration $16,507 $295,799 $44,204 $290,457 $30,218 $327,970 $290,457 Infilled Housing Developmnt $94,536 $700,000 $0 $225,000 $143,569 $0 $0 ADMINISTRATION (NSP1)$33,052 $360,000 $72,923 $515,000 $16,021 $0 $0 ADMINISTRATION (NSP3)$0 $0 $0 $884,500 $0 $0 $0 Eviction Protection Program $0 $0 $32,794 $0 $640,364 $0 $0 Land Development $616,703 $0 $0 $0 $0 $4,325 $4,575 Cannabis Cultivation $6,904 $140,000 $15,700 $140,000 $10,200 $152,000 $152,000 Step Up on Second $83,000 $0 $210,727 $0 $266,333 $0 $0 Inland Fair Housing Mediatn Brd $66,000 $73,000 $66,538 $73,000 $28,351 $73,000 $73,000 ESG Salvation Army $0 $0 $331,565 $0 $112,266 $0 $0 Bond Expenses-$83,442 $0 $175,751 $0 $123,446 $0 $0 Property Maintenance $323,082 $0 $65 $0 $67 $0 $0 CDBG CW Owner Occ Hsng Rehab qua $268,183 $0 $0 $0 $0 $0 $0 COVID-19 Activity $199,837 $0 $28,499 $0 $10,705 $0 $0 Former EDA $0 $0 $0 $0 $222,872 $0 $0 CDBG Micro Enterprise Program $32,950 $35,000 $35,000 $35,000 $10,000 $35,000 $35,000 ESG Lutheran Social Services $55,366 $0 $104,278 $0 $28,753 $0 $0 Home-Single Family Rehab $0 $0 $450 $0 $171,355 $0 $0 ESG-Community Action Partnership $52,363 $0 $23,421 $0 $0 $0 $0 ESG Family Services Association $37,438 $0 $27,852 $0 $0 $0 $0 TOTAL $12,316,270 $29,987,926 $15,438,447 $29,621,566 $23,403,090 $16,705,112 $16,913,070 6.a Packet Pg. 188 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Position Summary Community & Economic Development - FTE Position Name FY2023 FY2024 Allocated FTE Count COMMUNITY DEVELOPMENT TECHNICIAN 4.00 4.00 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)1.00 1.00 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)1.00 1.00 ECONOMIC DEVELOPMENT SPECIALIST 1.00 1.00 SENIOR PLANNER 1.00 1.00 DEPUTY DIRECTOR/CITY PLANNER (U)1.00 1.00 LEAD CODE ENFORCEMENT OFFICER 2.00 2.00 BUILDING INSPECTION SUPERVISOR 1.00 1.00 CODE ENFORCEMENT DIVISION MANAGER (U)1.00 1.00 CUSTOMER SERVICE REPRESENTATIVE 3.00 3.00 SENIOR OFFICE ASSISTANT 1.00 1.00 PLANNING AIDE 1.00 1.00 ADMINISTRATIVE ASSISTANT 3.00 3.00 LEAD BUILDING INSPECTOR 1.00 1.00 ASSOCIATE PLANNER 3.00 3.00 HOUSING COMPLIANCE SPECIALIST 1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 BUILDING OFFICIAL (U)1.00 1.00 BUILDING INSPECTOR I (FLEX)2.00 2.00 SENIOR MANAGEMENT ANALYST 2.00 2.00 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)1.00 1.00 HOMELESS SERVICES COORDINATOR 1.00 1.00 ECONOMIC DEVELOPMENT PROJECT MANAGER 1.00 1.00 CDBG/HOUSING PR0GRAM ASSISTANT 2.00 2.00 PLANS EXAMINER I (FLEX)1.00 1.00 ASSISTANT PLANNER (FLEX)1.00 1.00 PLANNING DIVISION MANAGER (U)1.00 1.00 MANAGEMENT ANALYST I (FLEX)1.00 1.00 MANAGEMENT ANALYST II 1.00 1.00 CODE ENFORCEMENT OFFICER I (FLEX)8.00 8.00 CODE ENFORCEMENT OFFICER II 10.00 10.00 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 1.00 1.00 ALLOCATED FTE COUNT 61.00 61.00 Powered by OpenGov 6.a Packet Pg. 189 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Community and Economic Development department functions as the liaison to the city manager, Mayor and City Council on land use, development, housing, and environmental issues, both locally and regionally. The department also manages the economic development functions of the city including business attraction, business retention and marketing the city’s assets. The department is comprised of six internally related divisions including Administration, Planning, Building and Safety, Housing, Economic Development, and Code Enforcement. Expenses by Type Reset Broken down by Expenses Community & Economic Develo…Administration History Funds  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 250.0K 500.0K 750.0K 1.3M 1.5M 1.8M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   ADMINISTRATION COMMUNITY & ECONOMIC DEVELOPMENT 6.a Packet Pg. 190 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Community & Economic Development - Administration (by pro... 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Administration $832,839 $631,550 $588,344 $1,525,728 $776,707 $1,740,512 $1,783,512 TOTAL $832,839 $631,550 $588,344 $1,525,728 $776,707 $1,740,512 $1,783,512 Powered by OpenGov 6.a Packet Pg. 191 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Building and Safety implements the regulations set forth in the various California Building Codes to ensure the safe construction and occupancy of buildings. The division’s operations include public counter assistance, construction plan review, permit issuance, and building inspections. Building and Safety is also the liaison between the county fire department, county health department, and the San Bernardino Unified School District. Expenses by Type Reset Broken down by Expenses Community & Economic Develo…Building and Safety History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   BUILDING AND SAFETY COMMUNITY & ECONOMIC DEVELOPMENT 6.a Packet Pg. 192 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Community & Economic Development - Building & Safety (by ... 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Building and Safety $1,061,029 $2,217,678 $2,553,396 $2,440,662 $1,438,787 $2,771,181 $2,833,431 TOTAL $1,061,029 $2,217,678 $2,553,396 $2,440,662 $1,438,787 $2,771,181 $2,833,431 Powered by OpenGov 6.a Packet Pg. 193 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Code Enforcement is responsible for improving the quality of life through the enforcement of various sections of the San Bernardino Municipal Code. The division works closely with the Police Department, Building and Safety, Planning, Housing, Public Works and the County Health Department. Code enforcement responds to a variety of calls including, but not limited to, abandoned and dangerous buildings, inoperable vehicles, substandard property maintenance, overgrown weeds and vegetation, illegal dumping, illegal street vending, etc. This division provides one of the most critical functions for ensuring the overall public health, safety and general welfare as well as maintaining the city’s general appearance. CODE ENFORCEMENT COMMUNITY & ECONOMIC DEVELOPMENT 6.a Packet Pg. 194 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Community & Economic Develo… History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 2.0M 3.0M 4.0M 5.0M 6.0M 7.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am Community & Economic Development - Code Enforcement (by p... 2019 - 20Actual 2020 - 21Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Enforcement &Beautification $219,919 $1,559,961 $1,228,113 $2,288,294 $1,302,845 $3,630,723 $3,685,267 Property Maintenance $323,082 $0 $65 $0 $67 $0 $0 TOTAL $543,001 $1,559,961 $1,228,178 $2,288,294 $1,302,912 $3,630,723 $3,685,267 Powered by OpenGov 6.a Packet Pg. 195 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Economic Development is responsible for providing professional services that focus on 1) marketing to enhance the city image and showcase the city’s assets and opportunities; 2) business retention and attraction efforts to encourage job creation and increase general fund revenue; 3) workforce development efforts to provide residents access to quality local jobs; and 4) building strategic partnerships with intergovernmental and community based agencies such as local educational institutions, medical service providers, businesses, state, local, county, and regional entities, and local joint power authorities to both leverage and attract funds and resources. ECONOMIC DEVELOPMENT COMMUNTIY & ECONOMIC DEVELOPMEMT 6.a Packet Pg. 196 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Program*Community & Economic Develo…Expenses History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K 600.0K 700.0K 800.0K DollarsBack Economic Development Land Development Step Up on Second Sort Large to Small   Expenses by Progr am Community & Economic Development - Economic Development ... 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Economic Development $108,712 $307,844 $168,874 $533,183 $241,447 $612,747 $623,115 Land Development $616,703 $0 $0 $0 $0 $4,325 $4,575 Step Up on Second $83,000 $0 $210,727 $0 $266,333 $0 $0 TOTAL $808,415 $307,844 $379,601 $533,183 $507,779 $617,072 $627,690 Powered by OpenGov 6.a Packet Pg. 197 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Housing Division is responsible for the management and implementation of the Community Planning and Development formula grants (Community Development Block Grant, HOME Investment Partnerships, Emergency Solutions Grants, and Neighborhood Stabilization Programs). Staff manages these funds, which are intended to primarily benefit low-income residents and improve the housing quality within the City. Community Development Block Grant (CDBG) Program is the primary federal program providing local governments with grants to improve the physical, economic, and social conditions in their communities. The program provides affordable housing, suitable living environments, and expands economic opportunities for low and moderate-income residents. HOME Program creates and preserves affordable housing. Eligible activities include housing rehabilitation, new construction, and acquisition and rehabilitation, for both single-family and multifamily projects. All activities must benefit lower-income renters or owners. Emergency Solutions Grants (ESG) Program assists individuals and families in quickly regaining stability in permanent housing. ESG funds are available for five program activities: street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance and data collection. Neighborhood Stabilization Programs were established to provide funds to stabilize communities that suffered from foreclosures and abandonment. The goal is realized through the purchase and redevelopment of foreclosed and abandoned residential properties. The division is tasked with creating affordable housing opportunities to improve the quality of life for the residents of San Bernardino, improving and preserving the housing stock and funding programs that will assist persons at risk of homelessness and those experiencing homelessness. Housing manages and moves forward a pipeline of housing projects that will meet the city’s five year consolidate plan goals and objectives Expenses by Type HOUSING DIVISION COMMUNITY & ECONOMIC DEVELOPMENT 6.a Packet Pg. 198 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Reset Broken down by Expenses Community & Economic Develo…Building and Safety History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am Community & Economic Development - Housing (by program) 2019 - 20Budget 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2022 - 23Budget 2023 - 24Budget CDBG Administration $2,815,000 $563,460 $3,345,169 $473,878 $2,456,337 $2,858,483 $1,066,624 ADMINISTRATION (HOMEImprovement/ CDBG)$1,385,700 $54,743 $2,624,104 $90,877 $1,539,512 $1,350,728 $42,694 Emergency Rental Assistance Prog $0 $0 $0 $3,120,459 $0 $0 $0 ADMINISTRATION (NSP1)$1,500,000 $33,052 $360,000 $72,923 $515,000 $0 $0 Arrowhead Grove Mixed Incom Hous $0 $1,430,000 $0 $750,000 $0 $0 $0 ESG Administration $270,000 $16,507 $295,799 $44,204 $290,457 $306,186 $0 Infilled Housing Developmnt $0 $94,536 $700,000 $0 $225,000 $0 $0 ADMINISTRATION (NSP3)$0 $0 $0 $0 $884,500 $0 $0 Inland Fair Housing Mediatn Brd $0 $66,000 $73,000 $66,538 $73,000 $73,000 $0 ESG Salvation Army $0 $0 $0 $331,565 $0 $0 $0 CDBG CW Owner Occ Hsng Rehab qua $0 $268,183 $0 $0 $0 $0 $0 CDBG Micro Enterprise Program $0 $32,950 $35,000 $35,000 $35,000 $35,000 $0 ESG Lutheran Social Services $0 $55,366 $0 $104,278 $0 $0 $0 ESG-Community Action Partnership $0 $52,363 $0 $23,421 $0 $0 $0 ESG Family Services Association $0 $37,438 $0 $27,852 $0 $0 $0 Eviction Protection Program $0 $0 $0 $32,794 $0 $0 $0 Home-Single Family Rehab $0 $0 $0 $450 $0 $0 $0 TOTAL $5,970,700 $2,704,598 $7,433,071 $5,174,240 $6,018,806 $4,623,397 $1,109,318 Powered by OpenGov 6.a Packet Pg. 199 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Planning is responsible for the implementation of the city’s development policies as set forth in the City of San Bernardino’s Comprehensive General Plan, and development code. The General Plan serves as the policy document, as required by state law, to guide future development and services based upon the community’s vision. The division reviews and processes land use entitlement applications for consistency with the city’s policies and development standards to safeguard the public’s health, safety and general welfare ensuring a high quality of living for the community. Planning is tasked with ensuring compliance with the California Environmental Quality Act, and is also involved with inter-agency coordination working in collaboration with the Southern California Association of Government (SCAG), San Bernardino County Transportation Authority (SBCTA) and San Bernardino County. Finally, Planning is responsible for staffing both the Development Environmental Review Committee and Planning Commission meetings, attending City Council meetings on development related projects, and oversees the cannabis monitoring program PLANNING COMMUNITY & ECONOMIC DEVELOPMENT 6.a Packet Pg. 200 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Community & Economic Develo… History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M 3.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am Community & Economic Development - Planning (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget General Plan Update $0 $0 $325,985 $2,051,260 $1,045,212 $2,051,260 $2,051,260 Planning $845,739 $907,360 $815,822 $1,102,221 $843,632 $1,168,522 $1,223,120 Cannabis Cultivation $6,904 $140,000 $15,700 $140,000 $10,200 $152,000 $152,000 TOTAL $852,644 $1,047,360 $1,157,507 $3,293,481 $1,899,044 $3,371,782 $3,426,380 Powered by OpenGov 6.a Packet Pg. 201 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview On December 29, 2011, the California Supreme Court upheld Assembly Bill 1X 26 abolishing redevelopments in California as of February 1, 2012. The City of San Bernardino, acting as the Successor Agency for the former Redevelopment Agency (RDA), became responsible for winding down the affairs of the redevelopment agency including disposing of its assets and making payments due for debt incurred by the former RDA. Expenses by Type (Graph) Reset Broken down by Expenses Fiduciairy Community & Economic Develo… History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 10.0M 2.5M 5.0M 7.5M 12.5M 15.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   SUCCESSOR AGENCY COMMUNITY & ECONOMIC DEVELOPMENT 6.a Packet Pg. 202 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Community & Economic Development - Successor Agency (by P... 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget EDA - ROPS $5,073,455 $16,790,462 $4,090,342 $13,482,343 $1,891,797 $0 $0 Bond Expenses-$83,442 $0 $175,751 $0 $123,446 $0 $0 Administration $157,010 $0 $62,590 $39,070 $17,197 $0 $0 Former EDA $0 $0 $0 $0 $222,872 $0 $0 TOTAL $5,313,907 $16,790,462 $4,328,682 $13,521,413 $2,255,311 $0 $0 Powered by OpenGov 6.a Packet Pg. 203 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions The Finance department provides oversight and management of the city’s various financial operations. Those functions include: financial planning, investing, budgeting, general accounting and reporting, payroll, treasury, purchasing, debt management and business registration. Through these areas, the department provides accurate financial information and analysis required to support decision making by city management and policy makers. A significant responsibility of the department is to design, implement and sustain strong internal controls which both protect the city’s monetary and physical assets, and help ensure that the city’s business is conducted in an efficient manner that preserves limited resources. In this way, the operation of city government is improved, and the City is better able to successfully compete for the economic investments made by citizens, businesses and visitors. The Finance department provides services through the following divisions: Administration, Accounting, Budget, Business Registration, and Purchasing. Administration Accounting Budget Business Registration Purchasing Finance 6.a Packet Pg. 204 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What has the Finance Department achieved in Fiscal Year 2021/22 so far? Safety Employees – 229 Total Employees Adopted by MCC 10/20/21 – Processed by Payroll 11/10/21 – Less than 21 days General Unit Employees – 217 Total Employees Transitioned the City from an Annual Budget to a Biennial Budget.1. Awarded GFOA’s Distinguished Budget Presentation award for budget beginning July 1, 2021 for the 2nd time since pre-bankruptcy. 2. Implemented and launched a new budget software, OpenGov, to support transparency.3. Began monthly meetings as of November 17, 2021 with sidewalk vendors to make information regarding sidewalk vending available to everyone, in both English and Spanish. 20 new licenses have been issued since the start of those meetings meaning that these informational meetings have brought more compliance within the City. 4. Completed the rst annual city-wide cash handling training in April 2022.5. Implemented and launched internal audits throughout the City over cash handling and revenue controls in compliance with the newly adopted Cash Handling and Revenue Control Policy. 6. Completed the City’s Annual Financial Report (ACFR) for the Year Ended June 30, 2021 and was awarded the Government Finance Ocers Association’s (GFOA) Certicate of Achievement for Excellence in Financial Reporting. 7. Completed the Popular Annual Financial Report (PAFR) for the Year Ended June 30, 2021 for the rst time, in both an English and Spanish version, and submitted the completed document to the Government Finance Ocers Association for the Award of Excellence in Popular Financial Reporting. 8. Completed all nancial reports as required by law, including the Recognized Obligation Payment Schedules (ROPS) as required for the Successor Agency, the State Controller’s City Financial Transactions report, and the State Controller’s Local Government Compensation report. 9. Assisted Human Resources in the implementation and application of the 2020 classication and compensation study, by bargaining unit, as well as the processing of COLAs established in the new individual collective bargaining units’ memorandums of understanding. All biweekly payrolls were processed on time during this period as well. Timeline of the application of new pay for each employee is as follows, this encompasses from the date of adoption by MCC to payroll processing date: 10. 6.a Packet Pg. 205 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Adopted by MCC 11/03/21 – Processed by Payroll 12/09/21 – Less than 36 days Middle Management Employees – 42 Total Employees Adopted by MCC 11/03/21 – Processed by Payroll 12/09/21 – Less than 36 days Management and Condential Employees – 70 Total Employees Adopted by MCC 11/03/21 – Processed by Payroll 12/09/21 – Less than 36 days Police Dispatch Employees – 23 Total Employees Adopted by MCC 2/02/22 – Processed by Payroll 3/03/22 – Less than 29 days Expenses by Type Reset Broken down by Expenses Finance History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 10.0M 2.5M 5.0M 7.5M 12.5M 15.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am Finance - Expenditure by Division 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Recorded before using program#s $3,590,242 $1,465,099 $13,367,724 $0 $0 $0 $0 Accounting $1,222,441 $1,262,707 $1,062,509 $1,597,313 $927,497 $1,150,315 $1,184,315 Business Registration $806,916 $909,376 $810,959 $1,189,494 $827,033 $1,293,740 $1,354,601 Budget $329,965 $367,863 $350,747 $804,514 $517,259 $854,457 $871,922 Administration $612,941 $477,700 $430,153 $494,368 $435,688 $752,171 $782,953 Purchasing $125,346 $114,301 $131,423 $324,454 $266,686 $649,078 $679,856 Payroll & Benefits $343,994 $272,298 $249,612 $329,913 $287,547 $354,456 $369,915 Treasurer $230,659 $138,369 $138,121 $169,860 $120,230 $284,750 $293,714 6.a Packet Pg. 206 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Grants $0 $0 $0 $0 $0 $640,940 $659,676 COVID-19 Activity $29,548 $0 $21,907 $0 $5,153 $0 $0 TOTAL $7,292,052 $5,007,713 $16,563,155 $4,909,915 $3,387,094 $5,979,907 $6,196,951 Position Summary Finance - FTE Position Name FY2023 FY2024 Allocated FTE Count DIRECTOR OF FINANCE (U)1.00 1.00 ACCOUNTING DIVISION MANAGER (U)1.00 1.00 PAYROLL SUPERVISOR 1.00 1.00 ACCOUNTANT III 1.00 1.00 ACCOUNTANT II 1.00 1.00 BUSINESS REGISTRATION MANAGER 1.00 1.00 DEPUTY DIRECTOR OF FINANCE (U)1.00 1.00 PRINCIPAL ACCOUNTANT 1.00 1.00 BUSINESS REGISTRATION REPRESENTATIVE I 2.00 2.00 PROCUREMENT CONTRACT SPECIALIST 1.00 1.00 BUSINESS REGISTRATION INSPECTOR 6.00 6.00 TREASURY MANAGER 1.00 1.00 BUDGET DIVISION MANAGER (U)1.00 1.00 ACCOUNTING TECHNICIAN II 1.00 1.00 BUYER 1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 SENIOR MANAGEMENT ANALYST 1.00 1.00 ACCOUNTANT II - PAYROLL 1.00 1.00 ACCOUNTING TECHNICIAN III 3.00 3.00 PURCHASING DIVISION MANAGER (U)1.00 1.00 MANAGEMENT ANALYST II 1.00 1.00 GRANTS WRITER 1.00 1.00 GRANTS DIVISION MANAGER (U)1.00 1.00 ALLOCATED FTE COUNT 31.00 31.00 Powered by OpenGov 6.a Packet Pg. 207 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Administration provides direction and oversight to the other Finance functions; coordinates the multi-year financial planning; communicates financial updates to city management, the Mayor, and City Council. In addition, the administration division is responsible for managing the city’s $120 million investment portfolio. Expenses by Type Reset Broken down by Expenses Finance History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K 600.0K 700.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   ADMINISTRATION FINANCE 6.a Packet Pg. 208 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expense by Program , , , , , , , ,,, , , , , , , , Administration COVID-19 Activity Total 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Powered by OpenGov 6.a Packet Pg. 209 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Accounting performs financial tasks for internal and external customers in compliance with federal, state and industry standards. These functions include payroll for more than 700 full-time employees and as many as 250 part-time employees. The accounts payable function generates more than 11,000 payments annually, and is always exploring alternative payment methods that increase the efficiency of this operation. Accounts receivable generates invoices for miscellaneous amounts owed to the city. Those collections, as well as funds originating in other departments, are receipted in the Accounting division ultimately for deposit by the Treasury staff which performs all the daily banking tasks required for the city. Other staff members perform account reconciliations and prepare financial reports and analyses to make sure the information processed is accurately accounted. The entire process culminates annually with preparation for the annual independent audit after the close of the fiscal year. ACCOUNTING FINANCE 6.a Packet Pg. 210 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type (Graph) Reset Broken down by Expenses Finance History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 250.0K 500.0K 750.0K 1.3M 1.5M 1.8M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am Finance - Accounting (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Accounting $1,222,441 $1,262,707 $1,062,509 $1,597,313 $927,497 $1,150,315 $1,184,315 Treasurer $230,659 $138,369 $138,121 $169,860 $120,230 $284,750 $293,714 TOTAL $1,453,099 $1,401,076 $1,200,630 $1,767,172 $1,047,727 $1,435,066 $1,478,028 Powered by OpenGov 6.a Packet Pg. 211 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Budget staff coordinates the planning and development of the annual operating and capital budgets. They work in concert with other city department administrative staff to prepare the departmental budget requests to be submitted to the city manager for review and ultimately presented to the Mayor and City Council for consideration and approval. Once approved, staff assists city departments to manage their operations consistent with the adopted budget, ensuring budgetary compliance throughout the fiscal year. Lastly, Budget is instrumental in maintaining the city’s long-term financial plan and prepares updates periodically as new information becomes available with the objective to ensure fiscal sustainability BUDGET FINANCE 6.a Packet Pg. 212 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Finance History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 200.0K 400.0K 600.0K 800.0K 1.0M 1.2M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am Finance - Budget (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Budget $329,965 $367,863 $350,747 $804,514 $517,259 $854,457 $871,922 Payroll & Benefits $343,994 $272,298 $249,612 $329,913 $287,547 $354,456 $369,915 TOTAL $673,959 $640,161 $600,359 $1,134,427 $804,806 $1,208,913 $1,241,837 Powered by OpenGov 6.a Packet Pg. 213 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Business Registration manages the collection of business registration and transient lodging taxes within the city. Businesses and hotels are required to remit amounts due consistent with the municipal code. A significant portion of the time is spent performing work designed to “discover” new businesses that have not registered, or verify information provided by businesses that may not be complete and thus generates inaccurate tax payments. Each of these revenues is an important part of the total General Fund resources which fund city services to enhance the quality of life for citizens, businesses, and visitors. BUSINESS REGIST RATION FINANCE 6.a Packet Pg. 214 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type (Graph) Reset Broken down by Expenses Finance Business Registration History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 250.0K 500.0K 750.0K 1.3M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am Finance - Business Registration (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Business Registration $806,916 $909,376 $810,959 $1,189,494 $827,033 $1,293,740 $1,354,601 TOTAL $806,916 $909,376 $810,959 $1,189,494 $827,033 $1,293,740 $1,354,601 Powered by OpenGov 6.a Packet Pg. 215 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The staff members of Purchasing strive to efficiently provide timely acquisition of the resources required by city departments in the execution of their functions. The provision of a centralized purchasing system helps assure the acquisition of these items occurs not only in an efficient manner but also that their procurement is consistent with the city’s municipal code which is designed to create a fair bidding environment for all interested parties. To enhance this function, the staff recently implemented an electronic bidding system which, when fully deployed, will give those interested in serving the city an easier and more efficient way to do business with the city. Ultimately, by expanding the base of competing parties, the city ensures the best possible pricing for its projects and goods. PURCHASING FINANCE 6.a Packet Pg. 216 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Finance Purchasing History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K 600.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am Finance - Purchasing (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Purchasing $125,346 $114,301 $131,423 $324,454 $266,686 $649,078 $679,856 TOTAL $125,346 $114,301 $131,423 $324,454 $266,686 $649,078 $679,856 Powered by OpenGov 6.a Packet Pg. 217 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions The General Government function represents the budgetary mechanism to account for those costs that are not directly applicable to any one department. All items included in the General Government budget are assigned to and managed by a staff member with responsibility for that particular expenditure. An example of this is the city’s General Fund debt service obligations. While the finance department oversees and has responsibility for these payments, they are not actually a department operating expenditure. Programs of the general government include Community Access Television (CATV), Customer and Neighborhood Services, and Violence Intervention. Community Access Television (CATV) Customer and Neighborhood Services Violence Intervention GENERAL GOVERNMENT 6.a Packet Pg. 218 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses General Government History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 10.0M -2.5M 2.5M 5.0M 7.5M 12.5M 15.0M 17.5M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am General Government - by program 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Non-departmental $13,926,036 $8,465,009 $13,799,606 $8,188,588 $5,632,658 $13,238,852 $12,505,915 Recorded before using program#s $2,628,519 $3,198,872 $2,472,652 $2,387,733 $828,667 $3,376,011 $3,377,415 Violence Intervention $0 $0 $0 $803,762 $526,081 $681,768 $688,423 Customer & NeighborhoodServices $0 $0 $0 $639,600 $537,294 $719,380 $741,689 CATV $0 $0 $0 $506,022 $271,274 $541,783 $553,581 Youth Reinvestment Grant $0 $0 $0 $330,000 $138,939 $268,913 $0 COVID-19 Activity $0 $0 $0 $0 $14,626 $0 $0 Budgeted Expenditure Savings $0 -$1,659,227 $0 -$1,659,227 $0 -$1,300,000 -$1,100,000 TOTAL $16,554,554 $10,004,654 $16,272,259 $11,196,477 $7,949,539 $17,526,706 $16,767,022 Position Summary General Government - FTE Position Name FY2023 FY2024 Allocated FTE Count SENIOR CUSTOMER SERVICE REP. (BIL)4.00 4.00 COMMUNITY INTERVENTION PROGRAM MANAGER (U)1.00 1.00 NEIGHBORHOOD & CUSTOMER SVCS MGR (U)1.00 1.00 STATION MANAGER 1.00 1.00 ALLOCATED FTE COUNT 7.00 7.00 Powered by OpenGov 6.a Packet Pg. 219 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Community Access Television (CATV), also known as the Inland Empire Media Group (IEMG), creates locally originated programming and provides coverage of community sponsored events and government meetings such as city council, and planning commission meetings. This includes the operation and programming of the city’s three cable channels seen on Spectrum, Frontier and AT&T, the city’s YouTube channel, and the emergency radio AM1610 station. CATV serves as the liaison to the cable and telephone companies as required by the Digital Infrastructure and Video Competition Act (DIVCA) under Assembly Bill 2987. This program produces 5 hours each week of original programming to inform and entertain the citizens of San Bernardino. COMMUNITY ACCESS TELIVISION (CATV) GENERAL GOVERNMENT 6.a Packet Pg. 220 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses General Government CATV History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am General Government - Customer and Neighborhood Services (... 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Customer & NeighborhoodServices $0 $0 $0 $639,600 $537,294 $719,380 $741,689 TOTAL $0 $0 $0 $639,600 $537,294 $719,380 $741,689 Powered by OpenGov 6.a Packet Pg. 221 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview This program is responsible for providing the community with a clear understanding of city policies, issues, and activities as well as timely and accurate information on mayor and city council priorities, special events and services in an effort to enhance confidence in, and knowledge of, city government. The program provides those who live, work, and visit the city of San Bernardino with convenient access to city services and information. Staff responsible for the program coordinate and implement community outreach and relations efforts by enhancing communication and partnerships with the local community. Staff made roughly 6,100 outreach contacts during the prior year through a number of meeting venues. Customer and neighborhood services is responsible for the operation of the citywide customer service call center (SB Direct) and provides public counter customer service assistance at the city’s information center. Service levels are enhanced through the utilization of a centralized location for service requests and tracking system. The staff handles more than 143,000 calls and contacts per year; and that number has grown every year since the inception of the call center. In addition, the program provides enriched collaboration with the 23 neighborhood associations in the community and supports the development of programs and initiatives that improve the quality of life for city residents and businesses. The customer and neighborhood services program also supports the Neighborhood Resource Center, Matching Grant Program, and Leadership Programs approved by the mayor and city council. Expenses by Type CUSTOMER AND NEIGHBORH OOD SERVICES GENERAL GOVERNMENT 6.a Packet Pg. 222 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Reset Broken down by Expenses General Government Customer & Neighbor hood Ser… History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K 600.0K 700.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am General Government - Customer and Neighborhood Services (... 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Customer & NeighborhoodServices $0 $0 $0 $639,600 $537,294 $719,380 $741,689 TOTAL $0 $0 $0 $639,600 $537,294 $719,380 $741,689 Powered by OpenGov 6.a Packet Pg. 223 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Established in 2017, the Violence Intervention Program (VIP), is designed to reduce gang related homicides and non-fatal injury shootings throughout San Bernardino. Strategies for violence intervention involve a focused deterrence on violent crime using real-time crime analysis to identify high risk individuals and community oriented policing used in combination with culturally relevant intervention strategies, such as street outreach and linkages to human services. The City of San Bernardino was awarded a Board of State and Community Corrections, two-year matching grant for $500,000 that provides supportive services to people at the highest risk of being impacted by violence and allows for the delivery of outreach services through June 30, 2020. The municipality is well positioned to reapply for state grant funds in June 2020. In an effort to continue to provide external violence intervention services the city will reapply for the maximum amount allowed through the state’s Cal VIP grant program. If awarded, program has a tentative start date of September 1, 2020 through June 30, 2023. VIOLENCE INTERVENTION GENERAL GOVERNMENT 6.a Packet Pg. 224 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses General Government Violence Intervention History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K 600.0K 700.0K 800.0K DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am General Government - Non-Departmental (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Non-departmental $13,926,036 $8,465,009 $13,799,606 $8,188,588 $5,632,658 $13,238,852 $12,505,915 TOTAL $13,926,036 $8,465,009 $13,799,606 $8,188,588 $5,632,658 $13,238,852 $12,505,915 Powered by OpenGov 6.a Packet Pg. 225 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions Human Resources provides a variety of services to all city departments to promote organizational effectiveness through creative leadership that is responsive to our community, employees, and the public while providing exceptional customer service. The department is organized in four programmatic areas including Administration, Recruitment and Selection, Liability/ Risk Management and Workers’ Compensation. Administration Recruitment and Selection Libaility and Risk Management Workers' Compensation HUMAN RESOURCES 6.a Packet Pg. 226 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What has the Human Resource Department achieved in Fiscal Year 2021/22 so far? Successful completion of negotiations with 5/6 Bargaining Units1. Timely updated the Cost-of-Living Adjustments (COLA) for the applicable Bargaining Units2. Implementation of the 2020 Class & Comp Study3. Received/Processed/Managed 136 new Worker’s Compensation claims4. Opened/Processed approximately 200+ City Recruitments (Open and Promotional)5. Onboarded 3 new members of the executive leadership team (Directors)6. The Employee Recognition Committee (ERC) reconvened after approximately 2-3 years. The ERC is planning events for the remainder of this scal year and calendar year. 7. Improved the eciency of the onboarding process by implementing the use of DocuSign8. Expenses by Type Updated On 10 May, 2022 Reset Broken down by Expenses Human Resource History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 10.0M 2.5M 5.0M 7.5M 12.5M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Help Share  6.a Packet Pg. 227 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am ,, ,, ,, ,, ,, ,, ,, ,,,,,,,,,,,,, ,,,,,,,,,,,,, ,,,,, ,-,, ,, ,, ,, ,, ,, ,, ,, Liability & Risk Management Workers Compensation Administration Administrative Services COVID-19 Activity Total 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Position Summary Human Resources - FTE Position Name FY2023 FY2024 Allocated FTE Count SENIOR HUMAN RESOURCES TECHNICIAN 2.00 2.00 DEPUTY DIRECTOR OF HUMAN RESOURCES (U)1.00 1.00 DIVERSITY, EQUITY & INCLUSION OFFICER (U)1.00 1.00 ADMINISTRATIVE CLAIMS SPECIALIST 1.00 1.00 HUMAN RESOURCES TECHNICIAN 2.00 2.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 HUMAN RESOURCES ANALYST 1.00 1.00 DIRECTOR OF HUMAN RESOURCES (U)1.00 1.00 SENIOR HUMAN RESOURCES/RISK ANALYST 3.00 3.00 ALLOCATED FTE COUNT 13.00 13.00 Powered by OpenGov 6.a Packet Pg. 228 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Administration program provides for comprehensive personnel management services to the entire organization through classification and compensation plans, benefits administration, workforce planning, leave management, employee retention, employee recognition, labor management, employee relations, and city-wide training to retain an outstanding well-qualified workforce committed to providing best-in-class public service. Additional responsibilities include the development and management of the department’s budget, maintenance of the citywide personnel records, processing employee transactions, and maintaining and updating the salary schedule in compliance with CalPERS standards and regulations ADMINISTRATION HUMAN RESOURCES 6.a Packet Pg. 229 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Human Resource History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am Human Resources - Administration (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Administration $1,060,245 $1,138,693 $1,011,109 $1,500,092 $882,993 $2,504,411 $2,583,763 Administrative Services $21,855 $144,730 $114,634 $503,495 $558,878 $0 $0 COVID-19 Activity $42,515 $0 -$6,425 $0 $7,357 $0 $0 TOTAL $1,124,615 $1,283,424 $1,119,319 $2,003,587 $1,449,228 $2,504,411 $2,583,763 Powered by OpenGov 6.a Packet Pg. 230 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Recruitment and Selection program is responsible for the appointment and retention of a qualified, effective, and diverse workforce. These efforts include proactive recruitment efforts and the administration of a fair, consistent, and objective applicant screening, and testing. This section of the department is also responsible for the administration of the San Bernardino Temporary Staffing (SBTS) program established to provide immediate temporary staffing during the time period a vacancy occurs through the time a position is filled with a permanent appointment, peak workloads, leaves of absence from work, and special projects. SBTS functions similar to a temporary staffing agency in the private sector by creating a pool of ready to start qualified candidates to be placed into temporary positions and reduce the city’s average time to fill vacancies. LIABILITY AND RISK MANAGEMENT HUMAN RESOURCES 6.a Packet Pg. 231 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Updated On 10 May, 2022 Reset Broken down by Liability & Risk Management Human Resource Expenses History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 2.0M 3.0M 4.0M 5.0M 6.0M 7.0M DollarsBack Liability & Risk Management Sort Large to Small   Help Share  Expenses by Progr am Human Resources - Liability and Risk Management (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Liability & Risk Management $7,453,071 $3,406,111 $7,687,676 $4,626,246 $4,525,917 $6,164,294 $6,626,938 TOTAL $7,453,071 $3,406,111 $7,687,676 $4,626,246 $4,525,917 $6,164,294 $6,626,938 Powered by OpenGov 6.a Packet Pg. 232 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Recruitment and Selection program is responsible for the appointment and retention of a qualified, effective, and diverse workforce. These efforts include proactive recruitment efforts and the administration of a fair, consistent, and objective applicant screening, and testing. This section of the department is also responsible for the administration of the San Bernardino Temporary Staffing (SBTS) program established to provide immediate temporary staffing during the time period a vacancy occurs through the time a position is filled with a permanent appointment, peak workloads, leaves of absence from work, and special projects. SBTS functions similar to a temporary staffing agency in the private sector by creating a pool of ready to start qualified candidates to be placed into temporary positions and reduce the city’s average time to fill vacancies. Powered by OpenGov RECRUITMENT AND SELECT ION HUMAN RESOURCES 6.a Packet Pg. 233 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Workers’ Compensation program provides specialized workers’ compensation services to employees city- wide, including work related injury benefits consistent with state law and regulations while maintaining cost control measures and developing cost reduction strategies. Excess workers’ compensation insurance is in effect to protect against claims that exceed the city’s $1 million self-insured retention. In collaboration with Public Works safety staff through a city-wide safety function, employee safety training is provided, and management of the city’s Injury and Illness Prevention Program is supported with the objective of identifying and reviewing trends, limiting future exposure, and identifying required safety improvements. A variety of training opportunities designed to decrease work related injuries and ensure a safe work environment are also administered through the program, including wellness initiatives to improve employee health, wellbeing and productivity WORKERS' COMPENSATION HUMAN RESOURCES 6.a Packet Pg. 234 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Human Resource Wor kers Compensation History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 2.0M 3.0M 4.0M 5.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am Human Resources - Workers' Compensation (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Workers Compensation $4,347,344 $5,866,814 $232,728 $5,448,689 $3,101,815 $5,465,759 $5,597,247 TOTAL $4,347,344 $5,866,814 $232,728 $5,448,689 $3,101,815 $5,465,759 $5,597,247 Powered by OpenGov 6.a Packet Pg. 235 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions The Information Technology (IT) department is responsible for communication and information technology services. IT maintains all computer, business and enterprise applications including the network, Geographic Information Systems (GIS), and email. The department supports staff at more than 40 locations throughout the city through its LAN and WAN networks. IT strives to serve its customer departments by helping them maximize the efficiency embedded within their existing software and equipment. The department has six divisions consisting of: Administration, Business Systems, Client Services, GIS and Office Automation, Network Services, and Public Safety Systems. Administration Business Systems Client Services GIS and Office Automation Network Services Public Safety Systems What has the Information Technology Department achieve in Fiscal Year 2021/22 so far? INFORMATION TECH NOLOGY 6.a Packet Pg. 236 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year 1. Upgrade City network Internet speed from 1gb to 10gb. 2. Begin upgrading network wired and wireless hardware. 3. Fill 1 Open Position in GIS and 1 Open Position in Business Systems. 4. Finish the City-wide transition to Oce 365. 5. Revamped all External and Internal websites. Expenses by Type Reset Broken down by Expenses Information Technology History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 2.0M 3.0M 4.0M 5.0M 6.0M 7.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am Information Technology - Expenditure by Division 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Business Systems $943,586 $1,091,024 $1,197,158 $3,224,541 $988,733 $3,139,707 $3,259,071 Network Services $959,437 $1,370,440 $1,077,249 $1,144,024 $644,178 $1,241,088 $1,318,921 Public Safety Systems $1,156,171 $1,028,891 $1,110,950 $1,033,114 $798,383 $1,106,579 $1,133,523 Client Services $340,823 $491,222 $669,631 $642,250 $589,385 $862,931 $874,865 Administration $317,087 $351,206 $420,438 $355,113 $265,812 $381,794 $395,261 GIS & Office Automation $190,830 $238,622 $233,167 $421,330 $273,975 $527,708 $574,370 ERP Project $0 $0 $0 $0 $0 $153,091 $157,808 Print Shop $4,973 $22,100 $6,040 $16,200 $5,738 $19,071 $19,321 COVID-19 Activity $33,447 $0 $8,660 $0 $0 $0 $0 TOTAL $3,946,354 $4,593,505 $4,723,293 $6,836,573 $3,566,204 $7,431,970 $7,733,140 6.a Packet Pg. 237 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Position Summary Information Technology - FTE Position Name FY2023 FY2024 Allocated FTE Count SENIOR GIS ANALYST 1.00 1.00 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)1.00 1.00 ADMINISTRATIVE ASSISTANT 1.00 1.00 INFORMATION TECHNOLOGY MANAGER 2.00 2.00 SENIOR NETWORK SYSTEMS ADMINISTRATOR 1.00 1.00 DIRECTOR OF INFORMATION TECHNOLOGY (U)1.00 1.00 SENIOR INFORMATION TECHNOLOGY ANALYST 3.00 3.00 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 1.00 1.00 GIS ADMINISTRATOR 1.00 1.00 INFORMATION TECHNOLOGY ANALYST II 2.00 2.00 ALLOCATED FTE COUNT 14.00 14.00 Powered by OpenGov 6.a Packet Pg. 238 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Administration manages departmental personnel, finances, agency partnerships, and various organization-wide activities. The purpose of the division is to plan, administer and coordinate resources to ensure cost effectiveness, and operational efficiency. Expenses by Type Reset Broken down by Expenses Information Technology History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 50.0K 100.0K 150.0K 200.0K 250.0K 300.0K 350.0K 400.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   ADMINISTRATION INFORMATION TECHNOLOGY 6.a Packet Pg. 239 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Information Technology - Administration (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Administration $317,087 $351,206 $420,438 $355,113 $265,812 $381,794 $395,261 COVID-19 Activity $33,447 $0 $8,660 $0 $0 $0 $0 TOTAL $350,534 $351,206 $429,098 $355,113 $265,812 $381,794 $395,261 Powered by OpenGov 6.a Packet Pg. 240 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Network Services develops and maintains the network infrastructure used by employees for phone service, software required in their daily duties, and other automated technologies. Staff manages the wide area network (WAN) connections through both an organizational fiber optic network and a third-party network service provider for a variety of communications-oriented purposes such as radios and data circuits. Some of these tasks are coordinated by staff with third party providers that assist with hardware/software maintenance, remote access servers and software, configuring and maintaining network security equipment to ensure a secure network environment. NET WORK SERVICES INFORMATION TECHNOLOGY 6.a Packet Pg. 241 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expense by Type Updated On 10 May, 2022 Reset Broken down by Expenses Information Technology Network Services History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 250.0K 500.0K 750.0K 1.3M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Help Share  Expenses by Progr am Information Technology - Network Services (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Network Services $959,437 $1,370,440 $1,077,249 $1,144,024 $644,178 $1,241,088 $1,318,921 TOTAL $959,437 $1,370,440 $1,077,249 $1,144,024 $644,178 $1,241,088 $1,318,921 Powered by OpenGov 6.a Packet Pg. 242 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Business Systems program provides technology services for enterprise and departmental applications and the public and internal websites, with the goal of meeting their technology requirements. The Business Systems program manages the main data center and supports organization-wide applications such as the New World Systems financial system, the Laserfiche document management system and the Customer Relationship Management (CRM) system. The program also helps each department get the most out of their specialized applications such as Permits, Business Registrations, Code Enforcement, and meeting systems. Expenses by Type Reset Broken down by Expenses Information Technology Business Systems History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M 3.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   BUSINESS SYSTEMS INFORMATION TECHNOLOGY 6.a Packet Pg. 243 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Information Technology - Business System (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Business Systems $943,586 $1,091,024 $1,197,158 $3,224,541 $988,733 $3,139,707 $3,259,071 TOTAL $943,586 $1,091,024 $1,197,158 $3,224,541 $988,733 $3,139,707 $3,259,071 Powered by OpenGov 6.a Packet Pg. 244 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Client Services maintains and repairs all PC’s and peripheral devices (laptops, tablets, and printing equipment). The group provides technical support and assistance for all end users’ software programs. The municipality has 900+ workstation related pieces of equipment requiring maintenance and periodic replacement. Expenses by Type Reset Broken down by Expenses Information Technology History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 200.0K 400.0K 600.0K 800.0K DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   CLIENT SERVICES INFORMATION TECHNOLOGY 6.a Packet Pg. 245 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Information Technology - Client Services (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Client Services $340,823 $491,222 $669,631 $642,250 $589,385 $862,931 $874,865 Print Shop $4,973 $22,100 $6,040 $16,200 $5,738 $19,071 $19,321 TOTAL $345,795 $513,322 $675,672 $658,450 $595,123 $882,002 $894,186 Powered by OpenGov 6.a Packet Pg. 246 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The GIS and Office Automation group provides geographic information (GIS) and office automation (OA) technology services to employees and departments thereby enhancing their ability to address city goals and citizen requests. A geographic information system (GIS) is a framework for gathering, managing, and analyzing data to reveal patterns, relationships, and situations, thus helping users make smarter decisions. The OA program provides technical and computer services including email, antivirus, anti-spam, and computer updates, and wireless and cellular access for field personnel. This group is also responsible for providing research on emails or documents for any public records requests. GIS AND OFFICE AUTOMAT ION INFORMATION TECHNOLOGY 6.a Packet Pg. 247 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expense by Type Updated On 10 May, 2022 Reset Broken down by Expenses Information Technology GIS & Office Automation History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Help Share  Expenses by Progr am Information Technology - GIS and Office Automation (by pr... 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget GIS & Office Automation $190,830 $238,622 $233,167 $421,330 $273,975 $527,708 $574,370 TOTAL $190,830 $238,622 $233,167 $421,330 $273,975 $527,708 $574,370 Powered by OpenGov 6.a Packet Pg. 248 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Public Safety Systems is dedicated to managing and maintaining the City of San Bernardino Police Department data center and the many police computer systems. The systems include office related equipment, mobile data computers (MDC) in the police vehicles, radios, and body cameras. The division also supports all of the software applications such as dispatch, records, and evidence systems. The size and expertise requirements of the Police Department related technology needs has merited the dedicated, on-site team at the police department to meet those needs in a timely manner. PUBLIC SAFETY SYSTEMS INFORMATION TECHNOLOGY 6.a Packet Pg. 249 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expense by Type Updated On 10 May, 2022 Reset Broken down by Expenses Information Technology Public Safety Systems History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 200.0K 400.0K 600.0K 800.0K 1.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Help Share  Expenses by Progr am Information Technology - Public Safety Systems (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Public Safety Systems $1,156,171 $1,028,891 $1,110,950 $1,033,114 $798,383 $1,106,579 $1,133,523 TOTAL $1,156,171 $1,028,891 $1,110,950 $1,033,114 $798,383 $1,106,579 $1,133,523 Powered by OpenGov 6.a Packet Pg. 250 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department O verview The City Attorney's Oce provides legal counsel and representation for the municipality. Through its contract with Best Best & Krieger LLP, the legal advice provided by the City Attorney includes drafting and reviewing policies, agreements, agenda items, resolutions, and ordinances. It also includes advice on complex areas of municipal law, including for example: public contracting; environmental laws (e.g., the California Environmental Quality Act); the Brown Act and other transparency laws; telecommunications; economic development laws; and labor and employment law. The oce also manages and supervises litigation led by and led against the municipality, including litigation handled by outside counsel. The City Attorney is appointed by the Mayor and City Council. The City Attorney oce is staed by a single employee, managed through the City Manager’s Oce. What has the City Attorney's Oce achieved in Fiscal Year 2021/22 so far? Continued signicant nancial savings including: a reduction in total citywide legal expenditures and reduction in legal expenditures as a percentage of total governmental expenses; ongoing savings in oce space, workers’ compensation, and overhead costs; future savings in pension liability. Successful handling of litigation, including an end to cannabis litigation and successful results in a number of other cases. Representing City at 52 ACP hearings with a 94% success rate and successfully defending City in writ actions based on those hearings. Facilitation of numerous receiverships for blighted properties within the City. Legal Services 6.a Packet Pg. 251 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Drafting of several major pieces of City legislation including: Cannabis ordinance revisions and permit rules (resulting in additional revenue in 2021/22); A complete rewrite of the water and sewer rules and regulations in conjunction with the Water Department to align with City Charter; An ordinance to eliminate the need for unnecessary resolutions, saving City sta time; An urgency ordinance to ensure compliance with SB 9; A new campaign nance ordinance; An ordinance addressing wireless facilities in the public right-of-way in anticipation of small cell applications; and Redistricting Ordinance (and assisting the City Clerk with the process). Complete overhaul and regular update of City’s template agreements including work with the City’s Procurement Division to update template procurement documents. Assisting sta with major public works projects including the California Theatre improvements and the Mt. Vernon Avenue Viaduct replacement. Assisting Mayor and Council and key sta with resolution of signicant organizational challenges including turnover in key positions, ethical matters, large and distracting political lawsuits, an end to the bankruptcy case and associated billings, and addressing increasing pressure on the City’s risk function as claims (and exposure) increase and City activity increases. 6.a Packet Pg. 252 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type (Graph) Reset Broken down by Expenses City Attorney History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M 3.0M 3.5M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am City Attorney - Expenditure by Division 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Municipal Legal Service $3,507,738 $2,517,122 $3,632,639 $2,836,729 $2,568,438 $3,175,512 $3,309,855 COVID-19 Activity $706 $0 $0 $0 $758 $0 $0 TOTAL $3,508,445 $2,517,122 $3,632,639 $2,836,729 $2,569,196 $3,175,512 $3,309,855 Position Summary City Attorney - FTE Position Name FY2023 FY2024 Allocated FTE Count LEGAL ADMINISTRATIVE ASSISTANT (U)1.00 1.00 ALLOCATED FTE COUNT 1.00 1.00 Powered by OpenGov 6.a Packet Pg. 253 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year LIBRARY 6.a Packet Pg. 254 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions The Library Department encourages the growth and development of a strong community by providing life-long learning opportunities, safe and welcoming spaces for community engagement, and life skills and support for persons of all ages and abilities. The library provides services from a central facility, Feldheym Library and three branch libraries, Rowe Branch, Ingram Branch, and Villaseñor Branch, which are open twenty hours per week; and online services that are available 24/7. Weekly public service hours at all four locations were able to expand to five days of service for 40 weekly hours during FY 21-22 thanks to the Mayor and City Council approving City Manager Rob Field’s recommendation for $600,000 of increased funding for the library that saw full-time positions paid from the general fund increase from 10 to 14. Public services have been impacted by the COVID-19 pandemic in the last two years as patron usage hasn’t returned to its pre-pandemic levels. The Library benefits from generous Friends and Foundation groups, and is the recipient of various state grants and charitable contributions, and partners with local schools, non-profits and neighborhood associations to maximize its reach and impact in building a stronger and more prosperous San Bernardino community. In addition, the Department provides staff support to the Library Board of Trustees. The mission of the San Bernardino Public Library is to provide free access to the world of ideas, information, and creative experiences for all citizens of San Bernardino. Your public library is where you will find free access to everything you need for your education, employment, self-government, cultural enrichment, recreation, and endless opportunities for lifelong learning and economic improvement. The library also offers access to sixty-two free internet public PCs among the city’s four libraries, free Wi-Fi, and various electronic resources available anytime to library cardholders. One of the library’s best offerings for the public is free programming for all ages to promote culture and recreation and build community in the city. The $600,000 of increased funding for the library in FY 21-22 marked a great step in a positive direction after the library’s financial challenges for more than a decade. In 2008, all four libraries were each open six days a week for 54 weekly service hours as the library had an annual budget of almost $3 million Administration Support Services Central Library Services Branch Library Services 6.a Packet Pg. 255 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year and 31 full-time positions. In FY 20-21 before the $600,000 funding increase - Feldheym Central was open five days a week for 37 weekly service hours while the three branch libraries were open four days a week for 20 weekly service hours with an annual budget of approximately $2 million and 10 full-time positions paid for by the general fund. Since the city’s population is roughly 218,000 and the library’s annual budget is approximately $2.7 million that means the library receives less than $12 of funding per resident, which is one of the lowest amounts in the state compared to the annual average of $57 per resident, which is confirmed by a report from the California State Library. The Library Program is organized into four programs: Administration, Library Support Services, Central Library Services, and Branch Library Services. The Library’s Literacy Program is entirely grant-funded. What has the Library D epartment achieved in Fiscal Year 2021/22 so far? 1.Library hours expanded to 40 hours at all four locations in the fall of 2021. 2.Library furniture including 225 chairs for the public shared among libraries and tables received and DVD shelving for Feldheym Central expected to be received by the end of the FY. 3.Carpet replacement and building improvements at the Dorothy Inghram Branch at no cost to the City, since the Library rents space there. 4.Almost $200,000 in available state and federal literacy program grants. 5.Maintained 1GB per second internet access at each of the four libraries with 90% of the cost paid from federal E-Rate program funds. 6.Some 4,017 Overdrive eBooks downloaded by patrons. 7.Some 2,358 Overdrive eAudiobooks downloaded by patrons. 8.Continued Overdrive subscription sponsorship by SB City Library Foundation, Inc. 6.a Packet Pg. 256 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year 9.Continued distribution of 1,100 bags promoting Literacy Program distributed to school district students. 10. Some 286 sessions of homework help for K – 8 students from Literacy Dept. sta via Zoom. 11. More than 2,000 learners received online tutoring from Brainfuse database sta. 12. More than 28,000 visits to library website – www.sbpl.org . 13. Continued sponsorship of Summer Reading Program by Friends of SBPL. 14. Computer coding and cartooning classes and STEAM grab and go kits for young adults provided as part of Virtual Youth Programming grant. 15. Addition of one Early Literacy Station (ELS) for each of the three branch libraries oering learning software for children ages 2 – 8 to promote early literacy to join the three ELS tablet stations in Feldheym’s Children’s Area. Expenses by Type Reset Broken down by Expenses Library History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M 2.5M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am Library - Expenditure by Division 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Central Library Services $693,532 $786,691 $611,458 $979,408 $708,032 $999,802 $1,043,895 Administration $491,066 $542,295 $491,221 $694,747 $635,722 $472,245 $481,730 Support Services $415,738 $470,767 $413,902 $443,988 $420,362 $520,606 $528,681 Branch Library Services $188,350 $227,109 $172,316 $627,113 $357,002 $624,586 $637,708 ADULT BASIC EDUCATION $100,812 $109,677 $96,921 $150,102 $61,951 $135,096 $144,200 CALIFORNIA LITERACYPROGRAM $42,075 $67,000 $46,615 $66,439 $55,395 $70,547 $70,547 Family Literacy Program $0 $0 $31,163 $22,500 $21,275 $20,227 $20,227 MAKERSPACE 2018 $2,668 $0 $13,295 $0 $3,192 $0 $0 COVID-19 Activity $14,299 $0 $1,544 $0 $2,024 $0 $0 Virtual Youth Programming Grant $0 $0 $8,284 $0 $3,680 $0 $0 TOTAL $1,948,538 $2,203,540 $1,886,719 $2,984,297 $2,268,636 $2,843,108 $2,926,989 6.a Packet Pg. 257 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Position Summary Library - FTE Position Name FY2023 FY2024 Allocated FTE Count TECHNOLOGY LIBRARIAN 1.00 1.00 LIBRARY CIRCULATION SUPERVISOR 1.00 1.00 LITERACY PROGRAM COORDINATOR 1.00 1.00 LIBRARIAN I (FLEX)1.00 1.00 LIBRARIAN II 1.00 1.00 LIBRARY DIRECTOR (U)1.00 1.00 LIBRARY PROGRAM COORDINATOR 1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 LIBRARY TECHNICIAN I (FLEX)1.00 1.00 LIBRARY NETWORK ADMINISTRATOR 1.00 1.00 LIBRARY TECHNICIAN II 4.00 4.00 LIBRARY NETWORK TECHNICIAN 1.00 1.00 ALLOCATED FTE COUNT 15.00 15.00 Powered by OpenGov 6.a Packet Pg. 258 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The library delivers cohesive and cost-effective operation of the Library facilities, maintaining a safe and welcoming environment for customers and staff. High-quality customer service is provided through programs and services designed to meet community needs. Staff provides leadership and manages employees to support the overall effectiveness and efficiency of service delivery. The financial condition and results of Library programs are monitored and analyzed to ensure optimal use of resources. Staff explores options for grants in order to supplement services with non-City funding. The library partners with civic groups, the local business community, City departments, the Board of Library Trustees, the Friends and Foundation groups and others to effectively inform the community about the services and resources available to them. ADMINISTRATION GENERAL GOVERNMENT 6.a Packet Pg. 259 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Library History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K 600.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am Library - Administration (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Administration $491,066 $542,295 $491,221 $694,747 $635,722 $472,245 $481,730 COVID-19 Activity $14,299 $0 $1,544 $0 $2,024 $0 $0 TOTAL $505,365 $542,295 $492,765 $694,747 $637,746 $472,245 $481,730 Powered by OpenGov 6.a Packet Pg. 260 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Three branch libraries (Villaseñor, Inghram, and Rowe) each provide library service 20 hours a week. In addition to enabling customers to access and borrow library materials by checking items in/out, the branches also offer the Summer Reading Program, weekly story times, crafts, and other special programs and events Expenses by Type Updated On 10 May, 2022 Reset Broken down by Expenses Library Branch Library Services History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K 600.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Help Share  BRANCH LIBRARY SERVICES LIBRARY 6.a Packet Pg. 261 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Library - Branch Library Services (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Branch Library Services $188,350 $227,109 $172,316 $627,113 $357,002 $624,586 $637,708 TOTAL $188,350 $227,109 $172,316 $627,113 $357,002 $624,586 $637,708 Powered by OpenGov 6.a Packet Pg. 262 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Feldheym Library offers public points including: Circulation; Reference Desk; Children’s and Young Adult Section; the Cosand Computer Learning Center, which offers 24 computers with free public internet access; and the Jack Hill Lifelong Learning Center offering literacy services, computer courses, citizenship assistance, English as a Second Language (ESL), homework assistance, and other free programs and services. Customers are also able to access and borrow library materials by checking items out. Library personnel check the items in/out, renew items, shelve returned items to their proper location, and process reserved items and materials requested from other libraries for customers. Staff encourages timely return of materials by notifying borrowers of overdue items, sending replacement bills for items long overdue, and collecting fines/fees. Staff also keeps existing library customer accounts updated and issues library cards to new borrowers. The Literacy Center has received grants for a Makerspace area which items are created and built and 3D Printing and Virtual Reality stations from the state library. The library enhances the use of library materials and information resources by providing one-on-one assistance locating and utilizing those resources as well as providing programming in support of community interests and educational pursuits. Staff attends community events and meetings to promote Library services for adults. The library provides quality adult collections by selecting and acquiring new and relevant materials in a wide variety of formats in response to community interest and demand. Staff evaluates the collection areas in terms of age, relevancy and condition. The library prepares materials for easy access and use by cataloging new materials accurately using national standards; updating the catalog to keep it current; physically processing new books, media items, periodicals and newspapers; and extending the life of materials through basic repair and rebinding. Staff also orders and receives materials, processes invoices and monitors purchases. CENT RAL LIBRARY SERVICES LIBRARY 6.a Packet Pg. 263 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Updated On 10 May, 2022 Reset Broken down by Expenses Library History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 200.0K 400.0K 600.0K 800.0K 1.0M 1.2M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Help Share  Expenses by Progr am Library - Central Library Services (by program) 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Central Library Services $693,532 $786,691 $611,458 $979,408 $708,032 $999,802 $1,043,895 ADULT BASIC EDUCATION $100,812 $109,677 $96,921 $150,102 $61,951 $135,096 $144,200 CALIFORNIA LITERACY PROGRAM $42,075 $67,000 $46,615 $66,439 $55,395 $70,547 $70,547 Family Literacy Program $0 $0 $31,163 $22,500 $21,275 $20,227 $20,227 MAKERSPACE 2018 $2,668 $0 $13,295 $0 $3,192 $0 $0 Virtual Youth Programming Grant $0 $0 $8,284 $0 $3,680 $0 $0 TOTAL $839,086 $963,369 $807,737 $1,218,449 $853,526 $1,225,671 $1,278,869 Powered by OpenGov 6.a Packet Pg. 264 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview During the last few years, the library has increased its online service delivery and maintained patron access to computers, which is managed and maintained through Support Services. At the library, computers, photocopiers and other equipment provide access to information and services. Through the library website, patrons have access to an online catalog and mobile app. The catalog allows customers to search for library materials, including e-Books and e-Audiobooks, manage their account, renew materials, place items on hold, and request materials from other City libraries. Library cardholders can use resources available through the library website to search for magazine and newspaper articles, as well as online tutors available to advise all types of learners in various subjects, including resume preparation. Cardholders can also search a directory with facts about companies that include listings of jobs and internships. Technology Services maintains all systems and equipment in working order to ensure continuity of services. SUPP ORT SERVICES LIBRARY 6.a Packet Pg. 265 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Updated On 10 May, 2022 Reset Broken down by Expenses Library Support Services History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 100.0K 200.0K 300.0K 400.0K 500.0K DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Help Share  Expenses by Progr am Library - Support Services (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Support Services $415,738 $470,767 $413,902 $443,988 $420,362 $520,606 $528,681 TOTAL $415,738 $470,767 $413,902 $443,988 $420,362 $520,606 $528,681 Powered by OpenGov 6.a Packet Pg. 266 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department O verview Departments Parks, Recreation, & Community Services provides a diversied system of open spaces, meeting centers, programs and community services to meet social and leisure needs and enhance the quality of life for all city residents. The department has three program divisions Administration, Recreation, and Community Services. Administration Recreation Community Services PA RKS, R ECR EATION , & COMMUNITY SERVICES 6.a Packet Pg. 267 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What did Parks, Community, & Recreation achieve in Fiscal Year 2021/22 so far? Pioneer Memorial Cemetery – Fencing Roosevelt Bowl – Facility Upgrades Lytle Creek- parking lot rehab into futsal courts Nicholson Park and Community Center – Upgrades to Facilities and amenities. Outdoor Court – Resurfacing and Re-purposing Speicher Park lighting and soccer eld Newmark Park Lighting The Trust for Public Land published updated gures showing a .8% increase from 2019, which is 46% of city residents living within a ten-minute walk of a city park. 1. Phase 1 of the Fifth Street Senior Center Renovation was completed in October 2021.2. Renovation of the Delmann Heights Community Center was completed.3. Continued eorts to expand resource thrhough grant application and awardship such as Kaiser's Operation Splash, NAtional Fitness Campaign, Blair Park Fitness Circuit, and California for All Youth Jobs Corps. 4. Priortizied public safety though the replacemet of additional foul ball netting at numerous ball elds. 5. Showed initiative for our citizens as a temporary dog park, Seccombe Lake "Salty Dog" Park, was created as Wildwood Dog Park construction is underway. 6. Upgrades and renovations completed to Norton Gym.7. Implementation of the following construction projects:8. Seccombe Lake Park – Fencing and amenities 9. Expenses by Type Reset Broken down by Expenses Parks Recreation & Community History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 2.0M 3.0M 4.0M 5.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   6.a Packet Pg. 268 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am ,, ,, ,, ,, ,, ,, ,, ,,,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,,, ,,, , ,, ,, ,, ,, ,, ,, ,, Administration Recreation & Community Programs SENIOR NUTRITION CFDA 93.053 SENIOR COMPANION Senior Services Aquatics Outdoor Facilities Center for Individual Developmnt RSVP CFDA 94.002 Cemetery Administration Citywide Activities Sports COVID-19 Activity Special Events Housing Related Parks Program Total 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget O ur People Parks - FTE Position Name FY2023 FY2024 Allocated FTE Count COMMUNITY SERVICES PROGRAM COORD.2.00 2.00 AQUATICS SUPERVISOR 1.00 1.00 COMMUNITY SERVICES CENTER SUPERVISOR 1.00 1.00 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)1.00 1.00 ADMINISTRATIVE ASSISTANT 2.00 2.00 ACCOUNTING TECHNICIAN I (FLEX)1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 FOOD SERVICE SUPERVISOR 1.00 1.00 COMMUNITY RECREATION MANAGER 2.00 2.00 MANAGEMENT ANALYST I (FLEX)1.00 1.00 COMMUNITY RECREATION PROGRAM SUPERVISOR 2.00 2.00 COMMUNITY RECREATION PROGRAM COORDINATOR 7.00 7.00 VOLUNTEER COORDINATOR (GRANT FUNDED)1.00 1.00 ALLOCATED FTE COUNT 23.00 23.00 Powered by OpenGov 6.a Packet Pg. 269 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Administration supports all divisions within the department. The administration division manages personnel, information technology in coordination with the city’s information technology department, front counter customer service delivery, park and facility reservations, Mayor and City Council action items, policy application, emergency response training and coordination, and the financial recording and reporting functions of the department to include purchasing, accounts payable, budget development, and revenue collection reporting. The administration division is responsible for facilitating Parks and Community Service Commission Meetings as well as the Arts and Historical Preservation Commission Meetings. Administration also manages the cooperative use agreements, service provider agreements; vendor services agreements, MOU’s and special contract agreements with class instructors and volunteer groups, and the department’s overall disaster preparedness and response activities. City-Wide Events service area plans and organizes the following events: Movies in the Park, Cinco de Mayo, Veteran’s Day Salute and Parade, Winter Wonderland, Operation Splash, Arts Fest. This year co-sponsorship support will be provided for the following events: Ho Ho Parade, Rendezvous Back to Route 66, National Night Out and the Black Chamber of Commerce and the Black History Expo. Over 35,000 attendees are expected at these events. Management of the Pioneer Memorial Cemetery is accomplished via a joint effort between the Administration and Parks Maintenance, now a division of the Public Works department. This historic site consists of 17,000 burial sites. While the cemetery no longer has gravesites available for sale, department staff coordinates graveside services for those who pre-planned their burial needs. Staff regularly provides genealogy services and answers questions regarding grave locations ADMINISTRATION PARKS, RECREATION, & COMMUNITY SERVICES 6.a Packet Pg. 270 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Parks Recreation & Community History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am Parks - Administration (Program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Administration $1,559,006 $1,795,266 $1,576,944 $1,900,292 $1,575,458 $1,463,734 $1,546,756 Cemetery Administration $104,792 $113,704 $129,121 $131,801 $110,938 $130,046 $134,688 COVID-19 Activity $116,096 $0 $22,940 $0 $2,184 $0 $0 TOTAL $1,779,894 $1,908,970 $1,729,005 $2,032,093 $1,688,580 $1,593,780 $1,681,444 Powered by OpenGov 6.a Packet Pg. 271 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Community Services strives to engage seniors aged 50 years and better in essential life services and activities which enhance their dignity, support their independence, and encourage involvement in physical and social activity. The city has two senior centers, Fifth Street and Perris Hill Senior Centers. Both centers offer monthly themed dances, recreation classes, billiards, chess, special holiday dances, public safety awareness, advocacy, physical fitness and senior nutrition services, with a more recent emphasis on virtual programming due to the pandemic, all in a supportive and nurturing environment. Community Services also holds two regional-serving events, Ollie McDonald Senior Talent Showcase (soon to be referred to as “The Ollies”) where seniors can show off their singing, dancing and other talents in a fun environment and Inland Empire Senior Games which is a sanctioned series of sports competitions open to all senior-aged athletes. Seniors are able to compete in several swimming events, bowling, golf, basketball, pickle ball, billiards and a variety of other sports. Seniors who excel in their respective sport have an opportunity to compete in state and national Senior Competitions. There are three senior grant programs that engage and aid seniors. The Retired Senior Volunteer Program (RSVP) provides volunteer opportunities for seniors throughout the Inland Empire. These volunteers serve in various roles for various agencies and non-profits. The Senior Companion Program (SCP) matches senior-age volunteer companions with senior-age clients in need. Services provided include transportation services for shopping and appointments, light cleaning services, meal prepping services, and overall companionship. The Senior Nutrition program provides nutritious lunch meals at six locations: Fifth Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life Center, and the Highland Senior Center. Dinner meals are served only at the Fifth Street Senior Center. These facilities serve an average of 50,000 meals annually to the senior community. COMMUNITY SERVICES PARKS, RECREATION, & COMMUNITY SERVICES 6.a Packet Pg. 272 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type (Graph) Reset Broken down by Expenses Parks Recreation & Community History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 250.0K 500.0K 750.0K 1.3M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am , , , , , , , ,,,,,,, ,,,,,,, ,,,,,,, ,, ,, ,, ,, , ,, ,, SENIOR NUTRITION CFDA 93.053 SENIOR COMPANION Senior Services RSVP CFDA 94.002 Total 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Powered by OpenGov 6.a Packet Pg. 273 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Recreation is comprised of five community recreation centers, five aquatic facilities, the Center for Individual Development (CID), Adult and Youth Sports Programs, Special Events and Outdoor Facilities. Each of our community centers (Delmann Heights, Lytle Creek, Ruben Campos, Verdemont, and Rudy C. Hernandez Center) offers a diverse range of leisure and recreation activities and services geared to the community they serve, such as open recreation, arts and crafts, family game days, sports, homework help, community resources, aerobics, comic book reading clubs, foosball, billiards, reading programs, music programs, grab-n-go activities for all ages, and themed events. The CID provides specialized programming for developmentally disabled individuals of all ages. CID’s programming consists of therapeutic aquatics, a sensory room, life skills classes, water safety programming for infants and events such as Family Fun Day and Prom Night. They also plan and organize the following special fund-raising events: Murder Mystery Dinner and Grapes and Gourmet. CID staff also coordinates and provides supervision for the Community Gardens, which consists of 100 garden plots for year-round gardening. Our aquatic facilities offer open recreational swim, junior lifeguard program, swim lessons (free and fee based), private pool rentals, and lifeguard training, from Memorial Day Weekend through Labor Day Weekend. The Jerry Lewis Family Swim Center is a regional serving swim facility with a 150’ waterslide, wading pool, and slide for small children, shade canopy with tables and various water spray features. Other pool locations include Hernandez Community Center, Nunez Park, Delmann Heights Community Center, and the Encanto Community Center Pools. Recreation provides a wide-range of sports programming for youth and adults. Youth sports are divided into two age divisions; 3 to 6 year olds can learn basketball, T-Ball, Soccer and Flag Football while Youth ages 7 to 18 years enjoy basketball, Fitness Camps, Volleyball, Softball, Baseball, and Soccer. Sports services also coordinates the Tennis Buddies program and Summer Youth Tennis Program, a subsidized program for low- income youth. RECREATION PARKS, RECREATION, & COMMUNITY SERVICES 6.a Packet Pg. 274 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Sports staff also coordinates the ball field allocation and use of 40 ball fields city-wide to 15+ resident youth sports groups such as Little Leagues, Junior All-American Football and Inland Empire Soccer Association, among others. The adult sports program provides indoor/outdoor soccer leagues, basketball leagues, and flag football leagues, tournament play, classes, and workshops. Expanding a more relaxed basketball and volleyball experience is in the near future plans for all three gymnasium locations: Hernandez Community Center, Norton Gymnasium, and Encanto Community Center (previously the Boys and Girls Club). Expenses by Type Reset Broken down by Expenses Parks Recreation & Community History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   6.a Packet Pg. 275 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am , , , , , ,, ,, ,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,,, , ,, ,, ,, ,, ,, ,, ,, Recreation & Community Programs Aquatics Outdoor Facilities Center for Individual Developmnt Citywide Activities Sports Special Events Housing Related Parks Program Total 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Powered by OpenGov 6.a Packet Pg. 276 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions The Police Department addresses crime and quality of life issues to provide a safe environment for the community. The Department recruits the best qualified employees to provide public safety services. For the City to grow economically, the Department needs to be responsive to resident and business owner concerns and provide excellent service. The Police Department is configured to offer efficient service delivery while ensuring the greatest degree of accountability for the resources allocated to public safety. The Department is comprised of an executive team and three major divisions that administer and oversee a variety of bureau and unit level functions. The department is comprised of four divisions that administer its various bureau and unit level functions: Executive Office, Investigations, Patrol, and Administrative Services. Executive Office Investigations Patrol Administrative Services Police Department 6.a Packet Pg. 277 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What did the Police Department achieve in the 2021 Calendar Year? *Given Achievements are representative of the 2021 Calender Year only. Reduced emergency response times by approximately 8%.1. Responded to 100,898 calls for service and handled 27,570 additional ocer-initiated incidents. 2. Hired 42 people for sworn ocer positions and 36 people for professional sta positions.3. Improved diversity of hiring, with 76% of sworn ocer and 83% of professional sta hires identifying as a race or ethnicity other than white. 4. Made 2,979 felony and 6,407 misdemeanor arrests.5. Arrested 528 suspected DUI drivers and handled 2,264 trac collisions.6. Recovered 983 rearms of which 244 were classied untraceable, non-serialized weapons.7. Dispatchers received and made 509,683 calls, averaging nearly 1,400 calls every day.8. Cleaned 2,753 homeless encampments and 1,856 illegal dump sites.9. Amassed 120,940 followers on Facebook, Twitter, and Instagram.10. Published 21 episodes of the “Brieng Room” podcast with 8,737 downloads.11. Expanded Community Oriented Policing and Problem Solving (COPPS) eorts throughout the City, including opening a new District Command oce at the Inland Center Mall. 12. The Police Department was awarded over $4.5 million in state and federal grants for personnel and equipment purchases. 13. The Police Department continued contractual services with the San Manuel Band of Mission Indians allowing the Department to provide increased patrol stang in the areas around the San Manuel Casino. 14. The Police Department continued contractual services with Dignity Health allowing the Department to sta an ocer at two local hospitals to enhance security and safety at those locations as well as creating an ecient service model. 15. 6.a Packet Pg. 278 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Police History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 20.0M 40.0M 60.0M 80.0M 100.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am Police - Expenditure by Division 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Patrol Field Services $38,247,472 $47,002,493 $44,164,554 $51,145,437 $45,945,214 $58,010,136 $62,458,601 General Investigation $10,942,497 $10,483,587 $10,392,064 $11,630,074 $10,163,824 $12,189,883 $12,519,055 Special Enforcement Teams $4,599,986 $6,919,665 $6,441,128 $7,426,036 $6,354,443 $8,441,033 $8,799,184 Administration $7,307,640 $6,908,489 $5,067,381 $6,398,751 $4,898,343 $7,136,947 $7,266,533 Dispatch $2,805,168 $3,094,335 $3,096,205 $3,796,980 $2,959,131 $4,253,921 $4,438,325 Traffic $1,880,885 $2,416,331 $2,259,631 $2,968,870 $2,204,775 $3,908,567 $4,170,086 Personnel & Training $2,235,456 $2,319,351 $2,082,014 $1,974,798 $1,337,883 $2,087,450 $2,150,601 Intel/Emergency Management $3,764,943 $1,520,371 $1,505,468 $1,516,392 $1,280,194 $1,551,158 $1,601,536 Records $1,407,404 $1,381,852 $1,289,831 $1,609,432 $1,287,667 $1,785,106 $1,881,406 Forensics Property $1,101,481 $1,229,665 $1,200,050 $1,256,406 $1,168,716 $1,811,102 $1,906,901 SAN MANUEL CCF 2017-2020 $1,209,768 $1,113,102 $1,435,422 $910,466 $673,090 $1,250,404 $1,310,186 Public Safety Systems $1,010,048 $1,014,150 $989,447 $990,350 $835,359 $1,095,350 $1,114,350 PD Special Events Reimb OT $519,128 $960,000 $589,964 $963,775 $1,731,366 $1,015,000 $1,015,000 COPS Hiring 2020 $0 $0 $1,189,065 $1,625,000 $1,165,838 $1,658,701 $78,703 Commercial Enforcement $0 $0 $0 $0 $0 $1,553,019 $1,641,762 DIGNITY HEALTH $483,584 $497,908 $468,436 $346,436 $289,845 $376,952 $397,573 COPS Hiring 2021 $0 $0 $0 $0 $74,556 $1,020,740 $1,020,740 COPS Option County Funded $522,315 $0 $519,904 $300,000 $0 $300,000 $300,000 Enforcement & Beautification $1,611,077 $0 $0 $0 $0 $0 $0 Field Services $657,298 $706,540 $0 $0 $0 $0 $0 Tobacco Grant $0 $0 $51,548 $383,938 $162,779 $365,059 $378,210 PROP 30 (AB109)$702,788 $323,000 $313,000 $0 $0 $0 $0 COVID-19 Activity $78,457 $0 $546,334 $0 $89,301 $0 $0 JAG CESF 2020 $0 $0 $391,621 $179,950 $85,029 $55,000 $0 Traffic Safety $68,853 $0 $529,500 $0 $0 $0 $0 COPS HIRING 2016 GRANT $543,741 $0 $0 $0 $0 $0 $0 Floyd Incident May 2020 $516,462 $0 $383 $0 $0 $0 $0 6.a Packet Pg. 279 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Fireworks Enforcement $50,449 $49,500 $49,994 $45,653 $65,896 $71,015 $71,015 FY 2017 UASI Grant $334,109 $0 $0 $0 $0 $0 $0 FY 2018 UASI Grant $233,661 $0 $73,582 $0 $0 $0 $0 Public Safety Academy Cadet Prog $0 $41,600 $72,601 $44,000 $45,813 $0 $0 OTS PT21049 DUI CHECKPOINTS $0 $0 $89,624 $94,455 $12,105 $0 $0 JAG 2019 $0 $0 $0 $186,471 $0 $0 $0 JAG 2018 $0 $0 $0 $182,366 $0 $0 $0 JAG 2017 $0 $0 $0 $164,477 $0 $0 $0 OTS PT20151 DUI Sat Patrols $76,195 $0 $84,383 $0 $0 $0 $0 Violence Intervention $55,079 $60,344 $42,928 $0 $0 $0 $0 Project Safe Neighborhoods $0 $0 $5,102 $0 $143,442 $0 $0 OTS PT21049 DUI Saturation $0 $0 $120,453 $0 $16,462 $0 $0 DUI Sat Patrol PT22066 $0 $0 $0 $0 $126,512 $0 $0 OTS PT21049 Ped/Bicycle Enforce $0 $0 $92,837 $20,000 $5,270 $0 $0 OTS PT20151 DUI Checkpoint $29,422 $0 $77,943 $0 $0 $0 $0 Railroad Trespass Enf 2019 $0 $0 $80,000 $15,250 $0 $0 $0 Citywide Activities $40,960 $42,400 $0 $0 $0 $0 $0 OTS PT20151 Ped/Bicycle Enforce $67,842 $0 $5,212 $0 $0 $0 $0 Animal Shelter Services $5,651 $61,885 $0 $0 $0 $0 $0 PT19106 PEDESTRAIN & BICYCLE ENF $55,631 $0 $0 $0 $0 $0 $0 OTS PT21049 Traffic Enforcement $0 $0 $28,768 $10,000 $15,522 $0 $0 ABC 2020 $0 $0 $47,098 $0 $0 $0 $0 HSGP FY 2017 $41,398 $0 $0 $0 $0 $0 $0 PT19106 DUI/DL CHECKPOINTS $40,728 $0 $0 $0 $0 $0 $0 HSGP FY 2018 $0 $0 $0 $0 $37,401 $0 $0 PT19106 DUI SATURATIONPATROLS $34,612 $0 $0 $0 $0 $0 $0 OTS PT20151 Traffic Enforcement $31,992 $0 $0 $0 $0 $0 $0 DUI/DL CK Point PT22066 $0 $0 $0 $0 $29,379 $0 $0 EMPG FY 2019 $0 $0 $28,937 $0 $0 $0 $0 OTS Grant PT21049 $0 $0 $15,263 $5,000 $1,261 $0 $0 OTS PT20151 Motorcycle Safety $14,858 $0 $5,485 $0 $0 $0 $0 Gang & Multiple Enforcement Team $0 $763 $763 $0 $0 $8,782 $9,297 BSCC Local Law Enforement Grant $0 $0 $0 $0 $18,576 $0 $0 OTS PT21049 Collaborative DUI $0 $0 $4,186 $4,900 $9,477 $0 $0 Ped & Bicycle Enforce PT22066 $0 $0 $0 $0 $17,217 $0 $0 OTS PT21049 Collaborative Trafic $0 $0 $0 $4,900 $10,543 $0 $0 OTS PT20151 $12,867 $0 $0 $0 $0 $0 $0 OTS PT20151 Distracted Driving $10,688 $0 $1,097 $0 $0 $0 $0 OTS PT20151 Coll Traffic Enforce $11,366 $0 $0 $0 $0 $0 $0 OTS PT20151 Click it or Ticket $0 $0 $10,388 $0 $0 $0 $0 OTS PT20151 Coll DUI Enforce $0 $0 $9,725 $0 $0 $0 $0 OTS PT21049 Know Your Limit $0 $0 $0 $4,800 $2,842 $0 $0 EMPG FY 2020 $0 $0 $0 $0 $7,286 $0 $0 Distracted driving PT22066 $0 $0 $0 $0 $5,733 $0 $0 Traffic Enforce PT22066 $0 $0 $0 $0 $5,542 $0 $0 PT19106 MOTORCYCLE SAFETY $5,072 $0 $0 $0 $0 $0 $0 Downtown & City Hall $3,128 $0 $0 $0 $0 $0 $0 Coll DUI Enforce PT22066 $0 $0 $0 $0 $2,188 $0 $0 PT19106 NIGH TIME CLICK IT OR TI $1,935 $0 $0 $0 $0 $0 $0 PT19106 DISTRACTED DRIVER $1,300 $0 $0 $0 $0 $0 $0 North Operations $1,014 $0 $0 $0 $0 $0 $0 OTS Grant PT22066 $0 $0 $0 $0 $342 $0 $0 Community Policing $0 $0 $0 $0 $4 $0 $0 PT19106 TRAFFIC ENFORCEMENT $0 $0 -$37 $0 $0 $0 $0 JAG 14/15 $0 $0 -$317 $0 $0 $0 $0 OTS GRANT PT18127 $0 $0 -$2,086 $0 $0 $0 $0 JAG FY 15/16 $0 $0 -$33,969 $0 $0 $0 $0 Recorded before using program #s $4,734 $0 -$31,217 $0 -$16,340 $0 $0 TOTAL $83,381,141 $88,147,333 $85,401,695 $96,205,364 $83,269,830 $109,945,326 $114,529,064 6.a Packet Pg. 280 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Position Summary Police - FTE Position Name FY2023 FY2024 Allocated FTE Count EXECUTIVE ASSISTANT 2.00 2.00 FORENSICS SPECIALIST I (FLEX)3.00 3.00 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)2.00 2.00 FORENSICS SPECIALIST II 6.00 6.00 POLICE P&T TECHNICIAN 2.00 2.00 POLICE RECORDS SUPERVISOR 2.00 2.00 POLICE FLEET MAINTENANCE EXPEDITOR 1.00 1.00 SERGEANT 43.00 43.00 SENIOR OFFICE ASSISTANT 4.00 4.00 ASSISTANT CHIEF OF POLICE 1.00 1.00 COMMUNITY SERVICES OFFICER 28.00 28.00 POLICE DISPATCH SUPERVISOR 4.00 4.00 CHIEF OF POLICE 1.00 1.00 PROPERTY & EVIDENCE SUPERVISOR 1.00 1.00 ADMINISTRATIVE ASSISTANT 1.00 1.00 PARKING ENFORCEMENT OFFICER 7.00 7.00 ACCOUNTING TECHNICIAN I (FLEX)1.00 1.00 FORENSICS SUPERVISOR 1.00 1.00 DETECTIVE/CORPORAL 44.00 44.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 POLICE OFFICER 183.00 183.00 CRIME ANALYST 3.00 3.00 SENIOR MANAGEMENT ANALYST 1.00 1.00 POLICE DISPATCHER I (FLEX)7.00 7.00 POLICE DISPATCHER II 18.00 18.00 LIEUTENANT 12.00 12.00 POLICE RECORDS TECHNICIAN I (FLEX)6.00 6.00 MANAGEMENT ANALYST II 1.00 1.00 CRIMINAL INVESTIGATION OFFICER 10.00 10.00 POLICE RECORDS TECHNICIAN II 10.00 10.00 MARKETING & PUBLIC RELATIONS SPECIALIST 1.00 1.00 POLICE CAPTAIN (U)3.00 3.00 ALLOCATED FTE COUNT 410.00 410.00 Powered by OpenGov 6.a Packet Pg. 281 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Administrative Services Division is comprised of Dispatch, Records, Finance, Community Aairs, Crime Analysis, Fleet Services, Emergency Management and Special Events. While diverse, this Division's functions each serve to support the Department’s primary mission of public safety. The Dispatch Bureau serves as the primary answering point for all citizen requests for service. In a typical month, Dispatch receives over 42,000 emergency and non-emergency calls. Each call is screened and then routed to a patrol ocer or other destination as appropriate. The Records Bureau serves as the repository for all reports generated by the Police Department. This Bureau also handles registrations related to specic types of convictions, mandated reporting to state and federal agencies, and all criminal and civil subpoenas served on Department personnel. The Financial Unit provides for all nancial services at the Department including budget preparation and maintenance, grants, contractual services, purchasing, accounts payable, timekeeping, and facilities maintenance. The Community Aairs Unit handles media relations and inquiries, social media interaction, and community engagement. Community Aairs is also responsible for recruiting and managing all volunteers, including members of the Community Emergency Response Team, Reserve Police Ocers, Citizen Volunteers, Explorers, and Chaplains. The Crime Analysis Unit is responsible for intelligence gathering and coordinating with county, state, and federal partners for the receipt and dissemination of information. Crime analysts review crime trends and reports, conduct research to link crimes and suspects, and provide crime and intelligence data to all divisions of the Department. Fleet Services is responsible for ensuring the Department’s eet of vehicles is well maintained. The Fleet Expeditor works with City auto mechanics and other auto industry vendors to service and maintain Department vehicles. The Emergency Management Unit serves as the City's emergency management team to prepare employees and citizens for the impacts of man-made and natural disasters. The team is responsible for the four phases of emergency management: mitigation, preparedness, response, and recovery. ADMINISTRATIVE SERVICES POLICE DEPARTMENT 6.a Packet Pg. 282 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year The Special Events Unit is responsible for working with event promoters to ensure public safety at all parades, fairs, music festivals, and major sporting events held in the City. Expenses by Type (Graph) Updated On 10 May, 2022 Reset Broken down by Expenses Police History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 10.0M 2.5M 5.0M 7.5M 12.5M 15.0M 17.5M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Help Share  Expenses by Progr am Police - Administrative Services (by program) 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Administration $7,307,640 $6,908,489 $5,067,381 $6,398,751 $4,898,343 $7,136,947 $7,266,533 Dispatch $2,805,168 $3,094,335 $3,096,205 $3,796,980 $2,959,131 $4,253,921 $4,438,325 Personnel & Training $2,235,456 $2,319,351 $2,082,014 $1,974,798 $1,337,883 $2,087,450 $2,150,601 Intel/Emergency Management $3,764,943 $1,520,371 $1,505,468 $1,516,392 $1,280,194 $1,551,158 $1,601,536 Records $1,407,404 $1,381,852 $1,289,831 $1,609,432 $1,287,667 $1,785,106 $1,881,406 Public Safety Systems $1,010,048 $1,014,150 $989,447 $990,350 $835,359 $1,095,350 $1,114,350 PD Special Events Reimb OT $519,128 $960,000 $589,964 $963,775 $1,731,366 $1,015,000 $1,015,000 Public Safety Academy CadetProg $0 $41,600 $72,601 $44,000 $45,813 $0 $0 Violence Intervention $55,079 $60,344 $42,928 $0 $0 $0 $0 TOTAL $19,104,866 $17,300,493 $14,735,839 $17,294,479 $14,375,757 $18,924,933 $19,467,751 Powered by OpenGov 6.a Packet Pg. 283 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Department’s executive managers and their supporting staff are responsible for the oversight and administration of all divisions of the Department. The Professional Standards Bureau is responsible for receiving and investigating all citizen complaints involving Police Department personnel. This Bureau also interfaces with the City Attorney's Office on all civil claims and litigation related to police actions. The Bureau is also responsible for tracking high liability policing actions and reporting specified data to the California Department of Justice. The Personnel and Training Unit manages all recruitment, processing, and hiring of Department personnel. This Unit also manages new employee training and continuing education for existing personnel. In a typical month, the Personnel and Training Unit team processes several hundred job applicants. Powered by OpenGov EXECUTIVE OFFICE POLICE DEPARTMENT 6.a Packet Pg. 284 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Investigations Division is responsible for the oversight of general and specialized investigations conducted by the Police Department. The Detective Bureau handles investigative follow-up and case management functions required to successfully prosecute crimes. The Special Investigations Bureau is responsible for gathering intelligence and implementing specialized investigative techniques designed to curb violent assaults, gang, narcotic, and vice-related crimes. The Forensics Unit documents, collects, and processes evidence at crime scenes, including fingerprints and DNA evidence. The Property and Evidence Unit accepts physical evidence and found property for safekeeping, and then catalogs, stores, and provides for the final disposition of the property. Expenses by Type Reset Broken down by Expenses Police History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 5.0M 10.0M 15.0M 20.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   INVESTIGATIONS POLICE DEPARTMENT 6.a Packet Pg. 285 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Police - Investigation (by program) 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget General Investigation $10,942,497 $10,483,587 $10,392,064 $11,630,074 $10,163,824 $12,189,883 $12,519,055 Special Enforcement Teams $4,599,986 $6,919,665 $6,441,128 $7,426,036 $6,354,443 $8,441,033 $8,799,184 Forensics Property $1,101,481 $1,229,665 $1,200,050 $1,256,406 $1,168,716 $1,811,102 $1,906,901 Gang & Multiple EnforcementTeam $0 $763 $763 $0 $0 $8,782 $9,297 TOTAL $16,643,965 $18,633,680 $18,034,004 $20,312,516 $17,686,983 $22,450,800 $23,234,437 Powered by OpenGov 6.a Packet Pg. 286 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Patrol Operations Division is the Department's largest division and serves to provide emergency and non- emergency first response. The Division is divided into five geographical policing districts, each of which is managed by a District Commander and staffed with patrol officers and a community policing team. Uniformed officers assigned to the Division are available 24 hours per day, seven days per week to patrol the City, respond to calls for service, and handle the emergency and public safety needs of the community. Patrol officers, canine handlers, and community service officers are responsible for conducting preliminary criminal investigations, enforcing laws and ordinances, and providing various community policing services. The Traffic Unit handles major accident investigations, DUI enforcement, and parking control issues. The Unit also administers a variety of programs designed to educate the community on traffic safety matters. The newly-formed Commercial Traffic Unit addresses the impacts of commercial vehicle operations throughout the City, including collisions, vehicle inspections, and highway and parking violations. PATROL POLICE DEPARTMENT 6.a Packet Pg. 287 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Updated On 10 May, 2022 Reset Broken down by Expenses Police History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 10.0M 20.0M 30.0M 40.0M 50.0M 60.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Help Share  Expenses by Progr am Police - Patrol (by program) 2019 - 20Budget 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2022 - 23Budget 2023 - 24Budget Patrol Field Services $37,685,200 $38,247,472 $47,002,493 $44,164,554 $51,145,437 $53,015,209 $55,587,881 Traffic $2,323,600 $1,880,885 $2,416,331 $2,259,631 $2,968,870 $3,932,109 $4,196,573 SAN MANUEL CCF 2017-2020 $1,217,700 $1,209,768 $1,113,102 $1,435,422 $910,466 $961,959 $1,008,929 DIGNITY HEALTH $479,300 $483,584 $497,908 $468,436 $346,436 $312,842 $329,453 COPS Hiring 2020 $0 $0 $0 $1,189,065 $1,625,000 $0 $0 Field Services $887,800 $657,298 $706,540 $0 $0 $0 $0 COPS Option County Funded $0 $522,315 $0 $519,904 $300,000 $0 $0 Traffic Safety $610,000 $68,853 $0 $529,500 $0 $0 $0 Tobacco Grant $0 $0 $0 $51,548 $383,938 $364,174 $377,485 JAG CESF 2020 $0 $0 $0 $391,621 $179,950 $0 $0 COPS HIRING 2016 GRANT $0 $543,741 $0 $0 $0 $0 $0 Fireworks Enforcement $0 $50,449 $49,500 $49,994 $45,653 $70,000 $70,000 JAG 2019 $0 $0 $0 $0 $186,471 $0 $0 OTS PT21049 DUI CHECKPOINTS $0 $0 $0 $89,624 $94,455 $0 $0 JAG 2018 $0 $0 $0 $0 $182,366 $0 $0 OTS PT21049 DUI Saturation $0 $0 $0 $120,453 $0 $0 $0 OTS PT21049 Ped/BicycleEnforce $0 $0 $0 $92,837 $20,000 $0 $0 Railroad Trespass Enf 2019 $0 $0 $0 $80,000 $15,250 $0 $0 OTS PT21049 TrafficEnforcement $0 $0 $0 $28,768 $10,000 $0 $0 OTS Grant PT21049 $0 $0 $0 $15,263 $5,000 $0 $0 6.a Packet Pg. 288 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year 2019 - 20Budget 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2022 - 23Budget 2023 - 24Budget OTS PT21049 Collaborative DUI $0 $0 $0 $4,186 $4,900 $0 $0 OTS PT21049 CollaborativeTrafic $0 $0 $0 $0 $4,900 $0 $0 OTS PT21049 Know Your Limit $0 $0 $0 $0 $4,800 $0 $0 North Operations $0 $1,014 $0 $0 $0 $0 $0 TOTAL $43,203,600 $43,665,378 $51,785,875 $51,490,807 $58,433,892 $58,656,292 $61,570,321 Powered by OpenGov 6.a Packet Pg. 289 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Department Overview Divisions Public Works is comprised of five divisions: Administration, Operations and Maintenance, Engineering, Facilities and Fleet Management, and Environmental Programs. Public Works delivers cost effective, safe, reliable and sustainable projects, programs and quality services with a focus on our community. Administration Operations and Maintenance Engineering Facilities and Fleet Management Environemental Programs PUBLIC WORKS 6.a Packet Pg. 290 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What has Public Wor ks achieved so far in Fiscal Year 2021/22 so far? Throughout our Public Works Department, numerous divisions were able to make great strides in greateneing our community. The Engineering Division was able to complete Capital Improvement Projects in an eort to imrpove streets, parks, trac capital, and preserving buildings within the City of San Bernardino. Some highlights include the following: Completed Phase 3 of the Playground Equipment Replacement Project. This project included the removal and replacement of equipment, installation of new concrete pads and benches, and improvements to ADA access ways at Meadowbrook, Anne Shirrel, Blair, Lionel E. Hudson, and Tom Gould Parks. Completed Citywide Concrete Repairs to ADA Access Ramps and Sidewalks. Replacement of damaged PCC driveway approaches, sidewalk, curb, curb & gutter, cross gutters, and ADA access curb ramps at various locations throughout the City rights-of-way at the 5th Street Senior Center, Perris Hill Senior Center, Rudy Hernandez Community Center, and Delmann Heights Community Center. Completed Kendall Drive Slope Rehabilitation Project. The project consisted of installing approximately 1,100 linear feet of retaining wall varying between four and eight feet in height. The wall will be serving as a barrier to prevent any further rocks and debris from falling into the public right-of-way. Implementation of Advanced Dilemma Zone Detection 49 Signalized Intersections. Mount Vernon Avenue from Highland Avenue to Johnson Street, Baseline Street from Del Rosa Avenue to California Street, and Highland Avenue from Medical Center Drive to Victoria Avenue. The project was funded through the Highway Safety Improvement Program (HSIP) Cycle 9. The project will be advertised for construction during the week of March 28, 2022. Our Real Property and Land Development programs worked dillegentally to improve City infrustructure and land resources to strengthen develoment eortsthrough the following approaches: Processed 921 permits and collected approximately $10,165,000 in fees including development impact fees, grading on-site improvement, public street/o-site improvement, on-site landscaping, stormwater, parcel/tract maps, lot merger, lot line adjustment, and miscellaneous fees. Improved Land Development Division workow process to increase eciency and provide excellent customer service; provided electronic/digital plan check review and resubmittal process for permit applicants. Updated and improved website posting of Land Development Division to allow online/electronic permit application submittals. National Pollutant Discharge Elimination System (NPDES): Tow Service RFP and Agreements: Worked with the City Manager Oce, Police Department and BB&K Law Oces to develop a comprehensive RFP for City Tow Services. The NPDES Team also assisted the Police Department with inspections of the tow services facility grounds. Completed the Exceedance Response Action Level 1 Evaluation and Report for the City Corporate Yard. Installed approximately sixty-one Certied Full Capture devices throughout the City for compliance with Total Maximum Daily Loads (TMDL) Trash Mandates. Interact with our Division Overview Pages to see more achievments! 6.a Packet Pg. 291 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Public Works History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 5.0M 10.0M 15.0M 20.0M 25.0M 30.0M 35.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am Public Works - Expenditure by Division 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Parks Maintenance $3,771,670 $4,102,130 $4,069,109 $4,574,240 $3,701,311 $5,729,842 $5,877,560 Vehicle Maintenance $3,255,832 $3,184,683 $3,162,635 $3,393,383 $2,585,703 $4,384,049 $4,698,695 Building Maintenance $1,687,066 $2,143,827 $2,003,746 $2,434,134 $1,636,628 $2,770,664 $2,828,792 Administration $2,154,183 $2,049,679 $2,141,001 $2,270,333 $1,664,181 $2,383,732 $2,458,180 Street Maintenance $2,007,624 $2,012,753 $2,048,698 $2,207,332 $1,858,061 $2,364,301 $2,466,331 Capital Projects $1,552,401 $1,534,598 $1,652,133 $1,970,185 $1,726,125 $2,770,259 $2,888,540 Traffic Signal Maintenance $1,306,251 $1,554,971 $1,673,064 $2,145,759 $1,159,304 $2,158,424 $2,211,674 Street Light Maintenance $2,163,208 $2,149,302 $2,112,283 $2,251,120 $1,703,754 $591,822 $593,711 Tree Maint (Urban Forestry)$1,429,963 $1,432,930 $1,298,304 $1,479,151 $1,290,615 $1,651,310 $1,702,688 Custodial Maintenance $1,340,346 $1,419,321 $1,337,559 $1,472,447 $1,165,886 $1,562,099 $1,617,403 Land Development $0 $657,563 $579,855 $762,195 $917,326 $2,848,939 $2,916,117 Right of Way Cleaning $722,281 $755,760 $730,147 $753,520 $661,018 $1,543,227 $1,579,124 Traffic Engineering $755,164 $599,270 $687,664 $834,717 $710,320 $920,867 $962,799 Traffic Signs & Markings $816,868 $720,462 $762,198 $738,240 $352,423 $749,565 $761,470 Cemetery Administration $215,451 $527,078 $193,970 $1,204,116 $202,683 $1,172,349 $1,179,625 Concrete Maintence $537,133 $568,492 $556,722 $665,372 $573,221 $703,753 $727,974 Stormwater Management $513,123 $535,646 $435,428 $575,784 $285,170 $601,027 $613,665 Storm Drain $184,959 $249,623 $314,712 $534,064 $386,490 $659,939 $682,766 Graffiti Removal $294,201 $313,712 $328,298 $396,453 $248,500 $625,954 $647,794 Real Property $363,150 $313,215 $252,910 $349,643 $290,165 $443,157 $458,030 Property Maintenance $103,227 $530,520 $281,815 $556,120 $247,221 $359,100 $359,100 Aquatics $189,340 $228,607 $207,134 $232,047 $172,800 $252,357 $256,692 City-Owned Median Maintenance $151,035 $206,000 $196,696 $206,000 $92,580 $206,000 $206,000 COVID-19 Activity $335,394 $0 $151,619 $0 $12,053 $0 $0 CARPS /CCPP $53,746 $54,549 $54,589 $53,751 $53,807 $53,600 $53,600 6.a Packet Pg. 292 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget OPP Grant $60,907 $58,841 $58,199 $23,492 $0 $29,429 $29,429 Bryce Hanes Park LandscapeMaint $0 $0 $29,184 $66,188 $45,599 $58,661 $58,661 TCU TIRE GRANT $5,246 $10,000 $172 $0 $1,319 $10,000 $15,000 Floyd Incident May 2020 $2,622 $0 $0 $0 $0 $0 $0 Route 66 $0 $0 $0 $0 $2,462 $0 $0 TOTAL $25,972,392 $27,913,530 $27,319,845 $32,149,786 $23,746,726 $37,604,427 $38,851,422 Position Summary Public Works - FTE Position Name FY2023 FY2024 Allocated FTE Count ENVIRONMENTAL PROGRAMS COORDINATOR 1.00 1.00 TRAFFIC SIGNAL TECHNICIAN III 1.00 1.00 FORESTRY SUPERVISOR 1.00 1.00 REAL PROPERTY MANAGER 2.00 2.00 SENIOR ARBORIST 1.00 1.00 ELECTRICIAN I (FLEX)1.00 1.00 EXECUTIVE ASSISTANT 1.00 1.00 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)1.00 1.00 TRAFFIC SIGNAL TECHNICIAN I (FLEX)1.00 1.00 TRAFFIC SIGNAL TECHNICIAN II 2.00 2.00 EQUIPMENT MAINTENANCE SUPERVISOR 1.00 1.00 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 1.00 1.00 LEAD CUSTODIAN 1.00 1.00 SENIOR OFFICE ASSISTANT 1.00 1.00 EQUIPMENT MECHANIC II 7.00 7.00 DATA ANALYST 1.00 1.00 ADMINISTRATIVE ASSISTANT 2.00 2.00 CEMETERY CARETAKER 1.00 1.00 TRAFFIC ENGINEERING ASSOCIATE 2.00 2.00 PRINCIPAL CIVIL ENGINEER 1.00 1.00 ENGINEERING ASSISTANT I (FLEX)2.00 2.00 CUSTODIAN 8.00 8.00 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)1.00 1.00 LEAD MAINTENANCE WORKER 4.00 4.00 ENGINEERING ASSISTANT II 4.00 4.00 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 1.00 1.00 CIVIL ENGINEERING DIVISION MANAGER (U)1.00 1.00 FACILITIES MAINTENANCE MECHANIC 4.00 4.00 ENGINEERING TECHNICIAN 2.00 2.00 GROUNDWORKER ARBORIST 2.00 2.00 ENGINEERING ASSOCIATE 1.00 1.00 ACCOUNTING TECHNICIAN II 2.00 2.00 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)1.00 1.00 TRAFFIC ENGINEER 1.00 1.00 PUBLIC WORKS SAFETY AND TRAINING OFFICER 1.00 1.00 EXECUTIVE ASSISTANT TO DIRECTOR (U)1.00 1.00 MAINTENANCE WORKER III 6.00 6.00 MAINTENANCE WORKER I (FLEX)17.00 17.00 FACILITIES MAINTENANCE SUPERVISOR 1.00 1.00 HVAC MECHANIC 1.00 1.00 MAINTENANCE WORKER II 4.00 4.00 SENIOR MANAGEMENT ANALYST 1.00 1.00 MAINTENANCE SUPERVISOR 1.00 1.00 ARBORIST 1.00 1.00 SOLID WASTE FIELD INSPECTOR 1.00 1.00 6.a Packet Pg. 293 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Position Name FY2023 FY2024 SENIOR PROJECT MANAGER 1.00 1.00 NPDES INSPECTOR I (FLEX)1.00 1.00 ADMINISTRATIVE SERVICES SUPERVISOR 1.00 1.00 NPDES INSPECTOR II 1.00 1.00 MANAGEMENT ANALYST I (FLEX)1.00 1.00 ENGINEERING ASSISTANT III 1.00 1.00 LEAD EQUIPMENT MECHANIC 1.00 1.00 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 1.00 1.00 EQUIPMENT SERVICE WORKER 2.00 2.00 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)1.00 1.00 PLUMBER 1.00 1.00 CUSTODIAL SUPERVISOR 1.00 1.00 DIRECTOR OF PUBLIC WORKS (U)1.00 1.00 LANDSCAPE & IRRIGATION INSPECTOR II 3.00 3.00 PUBLIC WORKS INSPECTOR I (FLEX)2.00 2.00 NPDES MANAGER 1.00 1.00 PARKS MAINTENANCE WORKER II 2.00 2.00 PUBLIC WORKS INSPECTOR II 2.00 2.00 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 1.00 1.00 CONSTRUCTION MANAGER 1.00 1.00 POOL MAINTENANCE COORDINATOR 1.00 1.00 ALLOCATED FTE COUNT 126.00 126.00 Powered by OpenGov 6.a Packet Pg. 294 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Administration is responsible for the overall management of the department including staffing, budgeting, financial operations, and forecasting. The division also sets all departmental policies and procedures. Expenses by Type (Graph) Reset Broken down by Expenses Public Works Administration History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 500.0K 1.0M 1.5M 2.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   ADMINISTRATION PUBLIC WORKS 6.a Packet Pg. 295 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Public Works - Administration (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Administration $2,154,183 $2,049,679 $2,141,001 $2,270,333 $1,664,181 $2,383,732 $2,458,180 TOTAL $2,154,183 $2,049,679 $2,141,001 $2,270,333 $1,664,181 $2,383,732 $2,458,180 Powered by OpenGov 6.a Packet Pg. 296 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Environmental Program Division is responsible for management of the $28 million Franchise Agreement with Burrtec Waste Industries. Together, Burrtec and the City work cooperatively to meet State mandated solid waste management and recycling requirements. Additionally, this Division submits applications for State funded recycling grants to assist the City in providing education and outreach to City residents and commercial businesses. The division is responsible for meeting the regulatory requirements from the Santa Ana Regional Water Quality Control Board (SRWQCB), South Coast Air Quality Management District (SCAQMD), County Local Enforcement Agency (LEA) and CalRecycle for the operation and maintenance of the landfill gas collection and control system and ground water monitoring and sampling at the City’s Inactive Waterman Landfill. What did the Envir onemental Pr ograms Division achieve in Fiscal Year 2021/22? Police Department parking lot (710 N D Street) Fleet Parking Lot (234 S Mountain View Avenue) City Hall’s parking lot (349 N E Street). Currently, we are waiting to receive design layouts from SCE, for the review and approval of all three locations. Recycling Education and Outreach at Elementary Schools. In a partnership with the Echo Hero Show established recycling education and outreach eorts with San Bernardino Elementary Schools to demonstrate the importance of recycling and preserving our planet. The program reached a total of 13 elementary schools and approximately 5,680 students virtually due to COVID-19 restrictions. 1. Charge Ready Program to electrify the City. Three Southern California Edison (SCE) Charge Ready applications are works in progress for: 2. ENVIRONEMENTAL PROGRAMS PUBLIC WORKS 6.a Packet Pg. 297 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Integrated Waste Management Public Works History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 250.0K 500.0K 750.0K 1.3M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am- Intergr ated Waste Management Fund Public Works - Environmental Program (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Administration $1,377,388 $1,147,757 $577,590 $1,203,776 $877,611 $1,226,626 $1,255,485 COVID-19 Activity $16,351 $0 $0 $0 $0 $0 $0 TOTAL $1,393,739 $1,147,757 $577,590 $1,203,776 $877,611 $1,226,626 $1,255,485 Powered by OpenGov 6.a Packet Pg. 298 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Engineering is comprised of three main subdivisions Traffic Engineering, Capital Development, and Land Development. Under the oversight of the city engineer, the Engineering Division serves the needs of the citizens of San Bernardino by providing professional engineering services to the community and City government through planning, designing, and implementation of infrastructure projects needed to protect the health, safety, and general welfare of the citizens, visitors, and the business community. The division also maintains all records related to city property, easements and land rights and assists in the administration of Landscape Maintenance Assessment Districts (LMD) and Community Facilities Districts (CFD) throughout the City. The Traffic Engineering section’s objective is to provide for the safe, rapid, comfortable efficient, convenient, and environmentally compatible movement of people, goods, and services. Through data collection of road construction, land development, traffic signals, and build traffic studies from them, this allows the section to come up with new and inventive ways to optimize the construction of roads and other forms of ground transportation. The Capital Development section’s objectives include programming, planning and administration of the annual Capital Improvement Program (CIP). The CIP identifies the approved priority projects throughout the City each fiscal year. Capital Development spearheads all design, project management, construction and inspection of public works contracts within the City. In addition, issuing encroachment and traffic control permits for any work within the Right-of-Way to verify conformance with the permit conditions and compliance with the latest City codes. The Land Development section is responsible for reviewing on-site plans for proposed residential, commercial and industrial development projects and provides engineering input as well as conditions of approval for proposed projects. Furthermore, plan check all development plans including those that impact other department functions such as the National Pollutant Discharge Elimination System (NPDES) program activities and its Municipal Separate Storm Sewer System (MS4). ENGINEERING PUBLIC WORKS 6.a Packet Pg. 299 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What did the Engineering Division achieve in Fiscal Year 2021/22? 1. Completed Phase 3 of the Playground Equipment Replacement Project. This project included the removal and replacement of equipment, installation of new concrete pads and benches, and improvements to ADA access ways at Meadowbrook, Anne Shirrel, Blair, Lionel E. Hudson, and Tom Gould Parks. 2. Nicholson Neighborhood Park Improvements. Public Works is responsible for maintaining Nicholson Park located at 2737 West 2nd Street. Nicholson Park is an existing 9.52-acre park facility that is currently converting a portion of the existing park site to a Miracle League Ball eld. The Public Works department is the process of refurbishing other common areas of the park. 3. Completed Preliminary Design Report (PDR) for the Proposed New City of San Bernardino Animal Shelter. Located at the corner of Orange Show Road and Washington Avenue. The preliminary site and building design will include charrette site and interior building adjacencies, concept oor plans, site plans, and building elevations. Final recommendations are expected to be completed mid-year FY 2022/23. 4. Completed 5th Street Senior Center Outdoor Dining Cover. The project included the installation of an outside shelter cover, restoration of onsite dining for lunch program participants and ensured compliance with current State and County health regulations due to Coronavirus pandemic. 5 Completed Citywide Concrete Repairs to ADA Access Ramps and Sidewalks. Replacement of damaged PCC driveway approaches, sidewalk, curb, curb & gutter, cross gutters, and ADA access curb ramps at various locations throughout the City rights-of-way at the 5th Street Senior Center, Perris Hill Senior Center, Rudy Hernandez Community Center, and Delmann Heights Community Center. 6. Completed Pavement Rehabilitation of several streets. This project included pavement rehabilitation and providing missing sidewalk and ADA ramps for the following segments: 3rd Street between Sierra Way and 'D' Street (Ward 1) 6th Street between Sierra Way and Waterman Avenue (Ward 2) Rancho Ave between Rialto Avenue and Foothill Boulevard (Ward 3) 6.a Packet Pg. 300 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Highland Ave between Palm Avenue and Frontage Road (Ward 4) NorthPark Blvd between Devil Canyon Road & Little Mountain (Ward 5) Industrial Parkway between Palm Avenue and Lexington Way (Ward 6) Arrowhead Avenue between Highland Avenue and 30th Street (Ward 7) 7. Completed Citywide Pavement Rehabilitation (Slurry/Crack Seal). The proposed scope of work at these locations included slurry / crack sealing street surfaces and the rehabilitation of surfaces around Auto Center. 8. Completed a Community Center Improvements Project. The scope of work at Delmann Heights Community Center and 5th Street Senior Center was the removal and replacement of existing ooring and repainting of each facility’s interior and exterior. 9. Completed Kendall Drive Slope Rehabilitation Project. The project consisted of installing approximately 1,100 linear feet of retaining wall varying between four and eight feet in height. The wall will be serving as a barrier to prevent any further rocks and debris from falling into the public right-of-way. 10. Completed Nunez Park Soccer Field Rehabilitation. The proposed scope of work included removal and replacement of the soccer eld turf system at Nunez Park. 11. Completed Parking Lot Improvements Project. The proposed scope of work included replacement of deteriorated asphalt concrete pavement, asphalt concrete overlay, installation of pipe swing gates, and ADA ramps, at Perris Hill and Lytle Creek Community Centers. 6.a Packet Pg. 301 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Public Works History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 2.0M 3.0M 4.0M 5.0M 6.0M 7.0M DollarsBack Personnel Non-Personnel Expenses Sort Large to Small   Expenses by Progr am ,, ,, ,, ,, ,, ,, ,, ,,,,,,,, ,,,,,,, ,,,,,,, ,,,,,,, ,, ,, ,, ,, ,, ,, ,, Capital Projects Land Development Traffic Engineering Real Property Aquatics Total 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Powered by OpenGov 6.a Packet Pg. 302 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview Facilities and Fleet supports all city departments by performing planned, preventative and emergency maintenance services for 184 city facilities (2,487,776 square feet of real property). The division also provides maintenance services on city facilities leased to outside agencies. Maintenance performed not only includes mechanical and structural work, but also custodial services in 39 of the city facilities and responds to requests for office space reconfigurations and personnel relocation assistance. Fleet manages an inventory of over 800 city-owned fleet units. It also purchases, repairs and performs preventative maintenance support to all departments that require vehicles. These fleet units include Public Safety vehicles, light/heavy trucks, trailered equipment, turf equipment and off road equipment. Facilities is responsible for all required State reporting regarding city-owned vehicles. Both Fleet and Facilities are supported by an Administration staff, who manage all aspects of procurement, accounts payable processing, utilities usage administration, facility CIP contract supervision, and city-wide security services. The divisions also partner in maintaining the city’s compressed natural gas (CNG) fueling station that was recently upgraded to expand public and private use. FACILITIES AND FLEET PUBLIC WORKS 6.a Packet Pg. 303 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What did the Fleet Division achieve in Fiscal Year 2021/22? Our Fleet Division improved City infrustucture in an eort to increase our scope of services through purchasing the following items: • 1-Storm Drain Vactor Truck • 1-Asphalt Patch Truck • 1-Catepillar Loader • 1-Catepillar Skid Steer • 1-Vermeer Stump Cutter • 1-6yd Rear Loader • 1-Caterpillar Backhoe • 1-Horse Trailer • 1-Greens Groomer • 4-Message Board trailers • 1-Radar Trailer Expenses by Type Reset Broken down by Expenses Integrated Waste Management Public Works History  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 1.0M 250.0K 500.0K 750.0K 1.3M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   6.a Packet Pg. 304 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Progr am Public Works - Facilities and Fleet (by program) 2019 - 20 Actual 2020 - 21 Budget 2020 - 21 Actual 2021 - 22 Budget 2021 - 22 Actual 2022 - 23 Budget 2023 - 24 Budget Vehicle Maintenance $3,255,832 $3,184,683 $3,162,635 $3,393,383 $2,585,703 $4,384,049 $4,698,695 Administration $400,071 $367,132 $392,721 $368,632 $330,045 $463,500 $479,538 COVID-19 Activity $32,045 $0 $14,921 $0 $947 $0 $0 TOTAL $3,687,947 $3,551,814 $3,570,277 $3,762,015 $2,916,695 $4,847,549 $5,178,233 Powered by OpenGov 6.a Packet Pg. 305 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Division Overview The Operations and Maintenance division consists of maintenance program sections that include Pavement Maintenance, Storm Drain Maintenance, Park Maintenance, Cemetery Management, Traffic Signals and Signs, Tree Maintenance, Street Light Maintenance and Graffiti Removal. Operation and Maintenance is responsible for the ongoing maintenance of the city’s infrastructure which includes the asphalt pavement, sidewalks, curb and gutter within the city’s 62 square mile boundaries, 7,000 streetlights, 120 miles of storm water drainage, approximately 1,800 catch basins, and over 500 acres of parkland and greenbelt areas. Operations also manages the contractual agreements of tree trimming, Integrated Waste, right of way maintenance, landscape maintenance, and pavement markings OPERATIONS AND MAINTENANCE PUBLIC WORKS 6.a Packet Pg. 306 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year What did the Oper ations and Maintenance Division achieve in Fiscal Year 2021/22? Throughout the Fiscal Year 2021/22, the Operations and Maintenance Division was able to improve City infracture preservation through the following maintenance metrics: Concrete - 23,551 square feet Illegal Dumps - 4,882 assessed Alleys - 59 Potholes - 23,525 Playgrounds inspected -28 Valves replaced - 64 Backows repaired - 14 Backows replaced - 8 Trac Cabinets Inspected and Maintained - 1,628 Grati Removal - 5,686 requests completed Trac Knockdowns Responded (Includes poles, cabinets and heads): 67 Streetlight Knockdowns Responded - 45 Number of Trees Trimmed - 7,045 Number of Dead trees removed (in-house and contractor combined): 530 Channels Inspected and Cleaned - 125 Storm drains Inspected and Cleared - 1,025 In addition, removed hazards and provided maintenance upgrades to three parks: Seccombe, Meadowbrook Fields, and Nunez. Operations and Maintenance was also also to make the following improvements: • Responded to 7 major wind events and two rainstorm events. • Upgraded 4 median islands. • Provided landscaping services at more than 31 locations • Provided burial support services for more than 11 burials at Pioneer park • Installed more than 35 new trashcans at parks and downtown corridor. • Installed 8 new benches at Seccombe Lake. • Established a new large and small dog park at Seccombe Lake. 6.a Packet Pg. 307 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Expenses by Type Reset Broken down by Expenses Public Works History Program  Visualization 2019-20 Actual 2020-21 Budget 2020-21 Actual 2021-22 Budget 2021-22 Actual 2022-23 Budget 2023-24 Budget Fiscal Year 0.0 5.0M 10.0M 15.0M 20.0M 25.0M DollarsBack Non-Personnel Expenses Personnel Sort Large to Small   Expenses by Progr am Public Works - Operations and Maintenance (by program) 2019 - 20Actual 2020 - 21Budget 2020 - 21Actual 2021 - 22Budget 2021 - 22Actual 2022 - 23Budget 2023 - 24Budget Parks Maintenance $3,771,670 $4,102,130 $4,069,109 $4,574,240 $3,701,311 $5,729,842 $5,877,560 Vehicle Maintenance $3,255,832 $3,184,683 $3,162,635 $3,393,383 $2,585,703 $4,384,049 $4,698,695 Building Maintenance $1,687,066 $2,143,827 $2,003,746 $2,434,134 $1,636,628 $2,770,664 $2,828,792 Street Maintenance $2,007,624 $2,012,753 $2,048,698 $2,207,332 $1,858,061 $2,364,301 $2,466,331 Traffic Signal Maintenance $1,306,251 $1,554,971 $1,673,064 $2,145,759 $1,159,304 $2,158,424 $2,211,674 Street Light Maintenance $2,163,208 $2,149,302 $2,112,283 $2,251,120 $1,703,754 $591,822 $593,711 Tree Maint (Urban Forestry)$1,429,963 $1,432,930 $1,298,304 $1,479,151 $1,290,615 $1,651,310 $1,702,688 Custodial Maintenance $1,340,346 $1,419,321 $1,337,559 $1,472,447 $1,165,886 $1,562,099 $1,617,403 Right of Way Cleaning $722,281 $755,760 $730,147 $753,520 $661,018 $1,543,227 $1,579,124 Traffic Signs & Markings $816,868 $720,462 $762,198 $738,240 $352,423 $749,565 $761,470 Cemetery Administration $215,451 $527,078 $193,970 $1,204,116 $202,683 $1,172,349 $1,179,625 Concrete Maintence $537,133 $568,492 $556,722 $665,372 $573,221 $703,753 $727,974 Storm Drain $184,959 $249,623 $314,712 $534,064 $386,490 $659,939 $682,766 Graffiti Removal $294,201 $313,712 $328,298 $396,453 $248,500 $625,954 $647,794 Property Maintenance $103,227 $530,520 $281,815 $556,120 $247,221 $359,100 $359,100 City-Owned Median Maintenance $151,035 $206,000 $196,696 $206,000 $92,580 $206,000 $206,000 Bryce Hanes Park LandscapeMaint $0 $0 $29,184 $66,188 $45,599 $58,661 $58,661 TOTAL $19,987,115 $21,871,563 $21,099,141 $25,077,639 $17,910,998 $27,291,061 $28,199,370 Powered by OpenGov 6.a Packet Pg. 308 Attachment: Attachment 1- Proposed Fiscal Year 2023 and Fiscal Year 2024 Operating Budget (8943 : Presentation of the Proposed Fiscal Year Proposed Budget Fiscal Years 2023 & 2024 Barbara Whitehorn, Finance Director Ta nya Williams, Budget Division Manager May 18, 2022 6.b Packet Pg. 309 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal FY 2021-22 Proposed Budget Presentation Overview Ø Budget Timeline Ø FY 2023 & FY 2024 Revenue Forecast Ø Recommended Expenditure Budget Ø Expenditure Details Ø Fund Balance Forecast Ø Proposed Capital Improvement Plan and Funding Ø Measure S Summary Ø Discussion and Next Steps 6.b Packet Pg. 310 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Budget Adoption Timeline Group Type of Meeting Purpose March 31, 2022 City Council Special Meeting Budget Workshop 1 April 26, 2022 City Council Special Meeting Budget Workshop 2-Presentation of Operation and CIP Recommendations May 18, 2022 City Council Regular Meeting Budget Hearing-Proposed Budget June 15, 2022 City Council Regular Meeting Budget Adoption 6.b Packet Pg. 311 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal FY 2023 & 2024 Revenues General Fund Revenues Ad opted FY 2022 Fiscal Year 2023 Fiscal Year 2024 % OF TOTAL 23 % OF TOTAL 24 Charges for servi ces 6,140,420 8,112,400 8,372,650 4%4% Fines and forfeiture s 1,478,500 1,365,500 1,417,500 1%1% Franchise Tax 11,781,000 11,781,000 11,781,000 6%6% Intergovernmental 2,243,602 2,357,000 2,372,000 1%1% Inve stment income 500,978 525,000 525,000 0%0% Licenses &permi ts 11,858,000 12,430,000 12,743,000 6%7% Miscellane ous 2,766,037 3,688,697 3,709,697 2%2% Other Ta xe s 8,493,262 7,656,000 7,816,000 4%4% Property Taxe s 19,267,608 22,500,000 23,000,000 12%12% Sales and Use Tax 45,391,210 50,000,000 51,500,000 26%26% Canna bis 2,910,446 4,120,000 4,620,000 Us e of Mone y a nd Property 779,600 529,000 554,000 0%0% Uti li ty Users Tax 22,700,000 21,430,500 20,890,000 11%11% Trans fers in - Measure S Sales Tax 41,016,456 46,000,000 46,000,000 24%24% Total Estimated General Fund Revenue 177,327,119 192,495,097 195,300,847 GE NERAL FUND SUMMAR Y Proposed Fiscal Ye ar 2023 & Fiscal Ye ar 2024 Budget 6.b Packet Pg. 312 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Proposed FY 2023 & 2024 General Fund Expenses FY 2021/22 FY 2023 FY 2024 Department Ad opted Proposed Proposed Budget Biennial Budget Biennial Budget 010 Mayor 367,096 376,056 316,687 020 City C ounc il 836,795 927,307 954,404 030 City C le rk 1,540,453 1,483,646 1,583,650 050 Legal Servi ces 2,836,729 3,175,512 3,309,855 090 General Go ve rnme nt 9,093,654 15,617,423 15,130,814 100 City M anager 1,738,851 2,317,274 2,387,033 110 Human Re source 2,003,587 2,504,411 2,583,763 120 Finance 4,909,915 5,979,907 6,196,951 150 Assessment D istri cts 138,000 150,000 150,000 160 Capital Projects 25,720,000 5,000,000 2,000,000 180 Communi ty & Economic Development 7,584,317 9,635,009 9,860,020 210 Police 92,622,058 106,179,126 112,412,411 380 Parks Recreation &Communi ty 4,747,495 4,584,329 4,571,846 400 Public Works 22,240,480 26,477,732 27,321,166 470 Library 2,745,256 2,628,980 2,708,588 Total Expenditures 179,124,684 187,036,712$ 191,487,188$ City of San Bernardino Fiscal Year 2023 & 2024 General Fund Expenditu res 6.b Packet Pg. 313 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Service Level Enhancements Where are the Increases? $9.5 million •Over 25 new positions and over 10 position adjustments or reclassifications in FY 2022 •Bringing Services In house (I.e. Graffiti abatement, sidewalk power washing etc.) •1.5 % Increase to Departments for increased service levels & programs 6 6.b Packet Pg. 314 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal General Fund Expenditures Other Significant Factors: •Classification & Compensation Study Increased Salaries, as well as new MOUs increased benefits. Impacts across every department. •Inflationary costs-increased costs for vehicles, fuel, and other contracted services are all experiencing significant jumps in cost. •General Government-centralized utilities accounts for major jump in expenditures •General Fund Capital Contribution-as the operating budget has expanded, less general fund dollars available for Capital Improvement Program (full CIP addressed in later slides) 6.b Packet Pg. 315 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal FY 2023 & 2024 Personnel Summary De partme nts Description FY2023 FY2024 Informati on Technology 14 14 Ci ty Clerk 6 6 Human Re source 13 13 Community & Economic De velopment 61 61 Animal Service s 25 25 Ma yor 2 2 Ge ne ral Go vernment 7 7 Public Works 126 126 Ci ty Council 9 9 Ci ty Attorne y 1 1 Ci ty Manage r 10 10 Parks Recre ation & Communi ty 23 23 Finance 31 31 Li brary 15 15 Police 410 410 Total FTE 753 753 6.b Packet Pg. 316 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Fund Balance Forecast FY 2023 & FY 2024 General Fund Overview Ad opted Budget 2021/22 Amended Budget 2021/22 Year-End Projections 2021/22 Proposed Budget FY 22/23 Proposed Budget FY 23/24 Beginni ng General Fund Balance 33,822,411$ 66,703,835$ 66,703,835$ 67,518,467$ 72,976,851$ Plus : Reserve for Carryovers 2,215,990$ 2,215,990$ -$ -$ Total Av ailable Beginning Fund Balance 7/1/22 33,822,411$ 68,919,825$ 68,919,825$ 67,518,467$ 72,976,851$ Reve nue s 174,416,673 178,242,465 186,872,097 192,495,097 195,300,847 Expenditur es (179,124,684) (1 87,450,809)(188,273,455)(187,036,712)(1 91,487,188) Projected General Fund Operating Surplus /(Deficit)(4,708,011) (9,208,344) (1,401,358) 5,458,385 3,813,659 Projected General Fund Reserve 29,114,400$ 59,711,481$ 67,518,467$ 72,976,851$ 76,790,510$ Fund Balance Designatio ns Op erating Reserve: Emergency Reserve - 15% of Adopted Bud get 26,868,703 28,117,621 28,241,018 28,055,507 28,723,078 Economic Conti ng ency Reserve - 10% of Adopted Bud get 2,245,698 31,593,859 39,277,448 44,921,345 48,067,432 Sub -Total Budgeted Reserves 29,114,400 59,711,481 67,518,467 72,976,851 76,790,510 - - - Projected General Fund Reserves 6/30/22 29,114,400$ 59,711,481$ 67,518,467$ 72,976,851$ 76,790,510$ 6.b Packet Pg. 317 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Aligning Strategic Goals & The Budget 6.b Packet Pg. 318 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal General Fund Focus Areas •Maintaining ser vice level enhancements from FY 2021/22 and ensuring we meet needs of the community •Development Customer Service & Experience •Enhancing Parks & Recreation services and opportunities •Improving quality of life-safe, clean & new streets 6.b Packet Pg. 319 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal OpenGov-New Online Budget Book Ø New Online Interactive Budget Book Ø Explore & engage with the budget in new ways 6.b Packet Pg. 320 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program 6.b Packet Pg. 321 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program Criteria Ø Health and Safety Ø Asset Condition (i.e., Pave ment Condition) Ø Community Service and Programming Needs Ø Defe rred Maintenance Ø Compliance/Legal Requirements (i.e., ADA Improvements) 6.b Packet Pg. 322 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program Capital Improvement Program –Primary Funding Sources Ø Measure I Ø Street Maintenance (transportation improvements) ½ cent sales tax Ø Development Impact Fee Funds Ø Regional Circulation System Fund Ø Storm Drain Construction Fund Ø Measure S Ø SB-1 Gas Tax Fund Ø Highway Safety Improvement Program (HSIP Grant) 6.b Packet Pg. 323 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program-Funding Recommended Source by Fund FY23 FY24 Me as ure S 5,050,000$ 2,000,000$ RMRA Gas Tax (SB1)5,000,000$ -$ Me as ure I 11,349,272$ 1,501,057$ Cultural Developm ent Cons truc tion 600,000$ -$ Storm Drain Cons truc tion 6,650,000$ 650,000$ Law Enforc em ent Fac ilties 850,000$ -$ Loc al R egional C irculation 90,000$ -$ Regional C irc ulation Sys tem 3,425,000$ 3,225,000$ Library Fac ilities 150,000$ 400,000$ Public Us e Fac ilities 800,000$ -$ Aq uatic s Fac ilities -$ 400,000$ AB 1600 Parkland and O p 250,000$ -$ Community Developm ent Bloc k Gr ant (CDBG)1,600,000$ -$ Federal/State Grants 722,772$ -$ Am eric an R es cue Plan Fund 995,000$ 1,700,000$ Highw ay Safety Improvem ent Program (HSIP)4,588,000$ -$ 42,120,044$ 9,876,057$ 6.b Packet Pg. 324 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program-Funding Invests in essential citywide infrastructure and improvements to quality-of-life projects •$42.1 Million proposed for FY2023 •$9.9 Million proposed for FY2024 6.b Packet Pg. 325 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program 6.b Packet Pg. 326 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program Capital Improvement Program Focus Ø Critical Streets, Sidewalks and Storm Drainage Infrastructure Ø Tr affic Controls and Street Lighting Ø Pa rks and Recreation Facilities Ø City Buildings 6.b Packet Pg. 327 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program Buildings –$2.5 Million over Biennial Budget Period FY23 $2 Million & FY24 $400,000 Ø Pe rris Hill Senior Center Roof Replacement Ø City Hall Server Room Improvements Ø Fe ldheym Library Improvements Ø One Stop Permitting Center 6.b Packet Pg. 328 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program Pa rks and Recreation –5.5 Million over Biennial Budget Period FY23 2.6 Million & FY24 $2.9 Million Ø Norton Gym Pickleball Courts Ø Perris Hill Senior Center Renovation Ø Jerry Lewis Swim Center Improvements Ø Pool Filtration Systems Improvements Ø Bobby Vega Park Improvement Ø Re novation of Skate Park at Speicher Park Ø Parks Master Plan Ø Guadalupe Field Upgrades 6.b Packet Pg. 329 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program Storm Drainage –$7.3 Million over Biennial Budget Period FY23 $6.7 Million & FY24 $650,000 •Conejo Between 39th St and 40th St •Storm Drain Upgrade •Mt Vernon Storm Drain •Citywide Storm drain Tra sh Capture Devices •Sierra Way Storm Drain 6.b Packet Pg. 330 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program Streets Projects–$32.1 Million over Biennial Budget Period FY23 26.1 Million & FY24 $6 Million •Pepper Ave Rehabilitation •Mt Vernon Bridge Replacement •40th St Widening Johnson to Electric •University Parkway Improvements •CO OP City of Highland State St Extension •Citywide Pavement Rejuvenation Slurry/Crack Seal •Street Rehabilitation County Partner •Citywide Street Rehab (SB1) •Alley Rehabilitation (Clean California Local Grant) •Pavement Rehabilitation Project: •Street Sweeping Signage Program •Citywide Street Rehab •New Pavement Management Program 6.b Packet Pg. 331 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Capital Improvement Program Tr affic Controls and Street Lighting–$4.7 Million over Biennial Budget Period •Tr affic Management Center •Tr affic Signal B/U TC-B •Signal Hardware Upgrade •Advanced Dilemma Zone Detection 6.b Packet Pg. 332 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Measure S Funding Recommendations Description Funding Allocation Operations Support to Preserve Existing Services $ 40,950,000 CIP-Streets $2,000,000 CIP-Parks $1,050,000 CIP-Street Sweeping Signage $2,000,000 TOTAL $46,000,000 6.b Packet Pg. 333 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Budget Adoption-Next Steps Ø Presentation of Budget for Adoption at June 15, 2022 Mayor & Council Meeting 6.b Packet Pg. 334 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Discussion and Next Steps 6.b Packet Pg. 335 Attachment: Attachment 2: Proposed Budget Presentation (8943 : Presentation of the Proposed Fiscal Priority •6 1 CDBG, Cult Development, Donation Fund •1 1 Public Use Facility •1 1 CDBG •1 1 Measure S •1 1 Measure S •1 1 Measure S •7 2 Library Facility •1 2 Library Facility •2 1 Cultural Development Fund •1 1 Public Use Facility •1 1 Public Use Facility •1 1 Law Enforcement Facility •1 1 Law Enforcement Facility •1 1 Public Use Facility •1 1 Grant •6 1 CDBG, ARP, Liability Insurance Fund •4 1 AB 1600 Parkland •7 1 AB 1600 Parkland •1 1 Measure S •2 1 Cultural Development Fund •1 1 ARP •ALL 1 Measure S •4 2 Measure S •1 1 Measure S •ALL 1 Measure S •2 1 Measure S •1 1 ARP •1 1 Donations Fund •3 1 ARP •1 2 ARP •2 2 Measure S •2 2 ARP •ALL 2 Aquatics Facilities •1 2 AB 1600 Parkland •2 1 Measure S •All 1 Cultural Development Fund •All 1 Measure S •1 1 ARP (County) •ALL 1 Storm Drain Construction Fund •6 1 Storm Drain Construction Fund •4 1 Storm Drain Construction Fund •ALL 1 Storm Drain Construction Fund •7 1 Storm Drain Construction Fund •1,3 1 Regional Circulation •4 1 Regional Circulation •5,6 1 Measure I •1,6 1 Regional Circulation -$ -$ -$ State St Extension Planning 3,464,495$ 2,000,000$ -$ -$ University Parkway Improvements Design 1,252,783$ 749,272$ 501,057$ -$ -$ -$ -$ -$ 40th St Widening Johnson to Electric Design 1,762,071$ -$ 2,000,000$ -$ -$ -$ -$ -$ Mt Vernon Bridge Replacement Construction 195,100$ 1,425,000$ 1,225,000$ 750,000$ Sierra Way Storm Drain*Planning -$ 2,500,000$ -$ -$ Citywide Storm drain Trash Capture Devices - TMDLS-Track 1 Design 234,895$ 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ -$ -$ Conejo Between 39th St and 40th St Planning 500,000$ 500,000$ -$ -$ -$ 500,000$ 500,000$ 500,000$ Mt Vernon Storm Drain Design 3,148,368$ 3,000,000$ -$ -$ Storm Drain Upgrade SD 19-002 Construction 868,995$ 500,000$ 500,000$ -$ Guadalupe Field Upgrades*Planning -$ 995,000$ -$ -$ -$ -$ -$ -$ Parks Master Plan (Measure S)*Planning -$ -$ 750,000$ -$ -$ -$ -$ -$ Parks Master Plan (Cultural Development Fund)*Planning -$ 350,000$ -$ -$ Renovation of Skate Park at Speicher Park*Planning -$ 650,000$ -$ -$ Bobby Vega Park Improvement*Planning -$ 250,000$ -$ -$ -$ -$ -$ -$ Pool Filtration Systems Improvements*Planning -$ -$ 400,000$ 400,000$ 400,000$ -$ -$ -$ Jerry Lewis Swim Center Improvements*Planning -$ -$ 500,000$ 750,000$ Perris Hill Senior Center Renovation*Planning -$ 400,000$ -$ -$ Norton Gym Pickleball Courts*Planning -$ -$ 1,200,000$ -$ -$ -$ -$ -$ Lytle Creek Parking Lot/Soccer Field Planning 600,000$ -$ -$ -$ -$ Seccombe Lake Park Improvements (Donations Fund)Planning 1,000,000$ -$ -$ -$ -$ Seccombe Lake Park Improvements (ARP)Planning 9,000,000$ -$ -$ -$ -$ -$ -$ -$ Ball Field Accessory Building Upgrade Design 2,000,000$ -$ -$ -$ -$ 1,000,000$ 1,000,000$ 1,000,000$ Hernandez Community Center Fencing Construction 250,000$ -$ -$ -$ Baseball/Softball Field Phase 1 Design 1,000,000$ -$ -$ 1,000,000$ Wildwood Park Improvements Design 600,000$ -$ -$ -$ -$ -$ -$ -$ Citywide Park Restroom Renovations Design 1,000,000$ -$ -$ 1,000,000$ 1,000,000$ -$ -$ -$ Roosevelt Bowl Renovation Design 600,000$ -$ -$ -$ Perris Hill YMCA Parking Lot Improvements Design 200,000$ -$ -$ -$ Pioneer Cemetery Improvements Construction 226,264$ -$ -$ -$ -$ -$ -$ -$ Speicher Park Field Lighting Design 213,647$ -$ -$ -$ -$ -$ -$ -$ Newmark Ball Field Lighting Systems Design 545,210$ -$ -$ -$ Nicholson Neighborhood Park Improvements Design 9,815,043$ -$ -$ -$ -$ California Theater Improvements Planning 2,500,000$ -$ -$ -$ -$ -$ -$ -$ -$ One Stop Permitting Center*Planning -$ 400,000$ -$ -$ Police Building Management System*Planning -$ 350,000$ -$ -$ Police Locker Room Renovation*Planning -$ 500,000$ -$ -$ -$ -$ -$ -$ AC Unit Replacements Regal Theater*Planning -$ 200,000$ -$ -$ -$ -$ -$ -$ City Hall Server Room Improvements*Planning -$ 200,000$ -$ -$ Perris Hill Senior Center Roof Replacement*Planning -$ 250,000$ -$ -$ Feldheym Improvements*Planning -$ 150,000$ 400,000$ -$ -$ -$ -$ -$ ADA Restrooms Rowe Library Design 338,233$ -$ -$ -$ -$ 3,500,000$ -$ -$ New Animal Shelter Design 338,233$ -$ -$ -$ Ruben Campos Demolition Deleted 625,000$ -$ -$ -$ 5th St Senior Center Kitchen Phase 2 Design 250,000$ -$ -$ -$ -$ -$ -$ -$ Citywide Community Center Improvements Design 815,008$ -$ -$ -$ -$ -$ -$ -$ Paul Villasenor Library Parking Lot & Roof Construction 227,600$ -$ -$ -$ Encanto Community Center Improvements Design 2,969,026$ -$ -$ Estimated Remaining Funding to Carryover Planning Fiscal Years 2023-2027 Funding Source FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 City of San Bernardino Capital Improvement Plan (CIP) Investing in the Future of San Bernardino Capital Improvement Plan StreetsStorm DrainsParksBuildingsTraffic ControlOtherWardProject Status 6.c Packet Pg. 336 Attachment: Attachment 3 CIP 2023-2027 (8943 : Presentation of the Proposed Fiscal Year 2023 & Fiscal Year 2024 Budget) Priority Estimated Remaining Funding to Carryover Planning Fiscal Years 2023-2027 Funding Source FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 City of San Bernardino Capital Improvement Plan (CIP) Capital Improvement Plan StreetsStorm DrainsParksBuildingsTraffic ControlOtherWardProject Status •4 1 Regional Circulation •4 1 Regional Circulation •1,4 1 Measure I •ALL 1 Measure S •ALL 1 Measure S •ALL 1 SB1 •ALL 1 SB1 •ALL 1 Measure I •ALL 1 Measure S •3, 6 1 Measure I •1,2,3,6 &7 1 Measure I •1,4,7 1 CDBG •4,5,7 2 Measure S •2 2 Measure S •2 2 Measure S •2 2 Measure S •2 2 Measure S •7 2 Measure S •7 2 Measure S •ALL 1 Measure I •ALL 1 Grant •1,3,4 1 CDBG •All 1 Measure S •ALL 1 Local Circulation •ALL 1 Local Circulation •ALL 1 HSIP Grant •ALL 1 HSIP Grant •ALL 2 Measure S •2 1 Measure S •7 2 Measure S •4 2 Measure S •ALL 1 Grant •ALL 1 Measure I •3 1 Integrated Waste Management Fund 4,050,000$ 3,650,000$ -$ -$ -$ * NEW PROJECT 82,737,199$ 42,120,044$ 9,876,057$ 10,050,000$ Waterman Landfill Vapor Extraction System Improvements Planning 4,438,546$ -$ -$ -$ -$ Citywide Bus Stop Improvements Project (Measure I Grant Match)Planning 10,200$ -$ -$ -$ -$ -$ Citywide Bus Stop Improvements Project Planning 50,800$ -$ -$ -$ -$ Ralston Circuit Lighting Design 365,155$ -$ -$ -$ -$ -$ -$ -$ Genevieve Circuit Lighting Design 369,565$ -$ -$ -$ -$ -$ -$ -$ Street Light Improvements E St. Baseline-Highland Construction 749,278$ -$ -$ -$ Citywide Street Lighting Upgrades Construction 741,068$ -$ -$ -$ Advanced Dilemma Zone Detection Design 2,072,405$ 3,000,000$ -$ -$ -$ -$ -$ -$ Signal Hardware Upgrade Construction 1,059,959$ 1,588,000$ -$ -$ -$ -$ -$ -$ Traffic Signal B/U TC-B Construction 9,674$ 50,000$ -$ -$ Traffic Management Center SS17-003 Construction 14,420$ 40,000$ -$ -$ Street Sweeping Signage Program Planning -$ 2,000,000$ -$ -$ -$ -$ -$ -$ Pavement Rehabilitation Project:Planning -$ 1,600,000$ -$ -$ -$ -$ -$ -$ Alley Rehabilitation (Clean California Local Grant) *Planning -$ 722,772$ -$ -$ New Pavement Management Program*Planning -$ 1,000,000$ -$ -$ Arden Street (By Soccer Field)Construction 244,273$ -$ -$ -$ -$ -$ -$ -$ Cedar Street from Highland to 29th Construction 749,273$ -$ -$ -$ -$ -$ -$ -$ Trenton from Crestview to Valencia Construction 244,272$ -$ -$ -$ Hillside and Fairfax repaving Construction 499,966$ -$ -$ -$ Virginia St from E to F/G to H Construction 209,273$ -$ -$ -$ -$ -$ -$ -$ Congress Street from Mt Vernon to K St Construction 324,272$ -$ -$ -$ -$ -$ -$ -$ Raised Median Kendall Dr from E St to H St Design 912,606$ -$ -$ -$ Street Rehabilitation CDBG Construction 357,238$ -$ -$ -$ Street Rehabilitation County Partner Design 371,000$ 1,000,000$ -$ -$ -$ -$ -$ -$ Pepper Ave Rehabilitation Design 1,009,334$ 7,500,000$ -$ -$ -$ 1,000,000$ 1,000,000$ 1,000,000$ Citywide Pavement Rejuvenation Slurry/Crack Seal - (Measure S)Design -$ -$ 1,250,000$ -$ Citywide Pavement Rejuvenation Slurry/Crack Seal - (Measure I)Design 1,050,824$ 1,000,000$ 1,000,000$ -$ Citywide Street Rehab - (SB1)*Planning -$ 5,000,000$ -$ -$ -$ -$ -$ -$ Citywide Street Rehab - (SB1)Planning 4,107,292$ -$ -$ -$ -$ -$ -$ -$ Citywide Street Rehab - (Measure S)*Planning -$ 2,000,000$ -$ 1,000,000$ Citywide Street Rehab - (Measure S)Planning 12,526,504$ -$ -$ -$ CO OP City of Highland SS19-002 Construction 752,511$ 100,000$ -$ -$ -$ -$ -$ -$ 2nd St Bridge Replacement Construction 1,038,582$ -$ -$ -$ -$ H St Kendall to 40th Widening Design 1,918,938$ -$ -$ -$ 6.c Packet Pg. 337 Attachment: Attachment 3 CIP 2023-2027 (8943 : Presentation of the Proposed Fiscal Year 2023 & Fiscal Year 2024 Budget) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2022-94 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 16); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2022-95 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 16); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC - 1580 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No. MC -1580 for June 1, 2022. 7 Packet Pg. 338 8932 Page 2 Background On April 6, 2022, the Mayor and City Council adopted Resolution No. 2022 -70, a Resolution of Intention to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for May 18, 2022, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on April 12, 2022, at 10:33 a.m. in Book 90 Page 15, Document No. 2022-0135963 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder. The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 5.98 gross acres of a vacant residential lot within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019 -1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and 2. Maintenance of streets, including pavement managem ent, and provide street sweeping; and 3. Maintenance of parks; and 4. Graffiti abatement; and 5. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District, including the contract administration and for the collection of reserve funds. The proposed area to be annexed into the CFD will be included in Tax Zone 17 and is northeast of I-215 at the northeast intersection of Chestnut Avenue and Belmont Avenue, as shown in Attachment #13 (Project Map). The maximum annual special tax for this development has been calculated to be $646 per unit for FY 2022/23. The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The prop erty owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello - Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pur suant to the Mello- 7 Packet Pg. 339 8932 Page 3 Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis, and arguments, and waiving all notice requirements relating to the conduct of the election. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below: • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1, including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted April 6, 2022. • 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 Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for June 1, 2022. Discussion The Resolution of Intention called for a public hearing to be held on May 18, 2022, on the issue of the annexation of territory into CFD No. 2019 -1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment o f the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD. Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing . If the Mayor and City Council adopt Resolution No. 2022-94, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022 -95 declaring the results of the election. 7 Packet Pg. 340 8932 Page 4 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity 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. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $10,341 to be used to pay for maintenance costs within the development. 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 wit hin 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, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2022-94 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 16); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2022-95 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 16); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC - 1580 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected 7 Packet Pg. 341 8932 Page 5 during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, gra ffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No. MC-1580 for June 1, 2022. Attachments Attachment 1 - Resolution No. 2022-94 Calling Election Attachment 2 - Exhibit A Description of Territory Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot Attachment 5 - Resolution No. 2022-95 Declaring Election Results Attachment 6 - Exhibit A Certificate of Election Results Attachment 7 - Ordinance MC-1580 Levying taxes Attachment 8 - Exhibit A Description of Services Attachment 9 - Exhibit B Parcel List Attachment 10 - Petition Attachment 11 - Proof of Publication Notice of Public Hearing Attachment 12 - PowerPoint Presentation Attachment 13 - Project Map Ward: 5 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. 7 Packet Pg. 342 8932 Page 6 April 6, 2022 Mayor and City Council adopted Resolution No. 2022 -70, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. 7 Packet Pg. 343 Resolution No. 2022-94 Resolution 2022-94 May 18, 2022 Page 1 of 6 RESOLUTION NO. 2022-94 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 16) WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special tax within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and WHEREAS, the Mayor and City Council set a public hearing for July 17, 2019, after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and WHEREAS, on July 17, 2019, the Mayor and City Council adopted Resolution No. 2019- 179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the Mayor and City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the Mayor and City Council on April 6, 2022, duly adopted Resolution No. 2022-70 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for May 18, 2022; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 16 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on April 12, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 15, in the office of the San Bernardino County Recorder; and 7.a Packet Pg. 344 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 : Resolution No. 2022-94 Resolution 2022-94 May 18, 2022 Page 2 of 6 WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the Mayor and City Council on May 18, 2022, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested 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 May 18, 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, 9241 0. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019 -1, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019 -1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the Mayor and City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the Mayor and City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 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 Clerk has concurred in the election date set forth herein. 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. Conformation of Finding in Resolution of Intention. The Mayor and City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. SECTION 3. Findings Regarding Protests. The Mayor and City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and 7.a Packet Pg. 345 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 : Resolution No. 2022-94 Resolution 2022-94 May 18, 2022 Page 3 of 6 the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the Mayor and City Council hereby further orders and determines that all such protests are hereby overruled. SECTION 4. Findings Regarding Prior Proceedings. The Mayor and City Council finds and determines that all prior proceedings had and taken by the Mayor and City Council with respect to the annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements of the Act. SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto. SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property. SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92401, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents. SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the Mayor and City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1. SECTION 9. Special Election; Voting Procedures. The Mayor and City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on May 18, 2022, and shall be conducted as follows: (a) Qualified Electors. The Mayor and City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on April 15, 2022, (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have 7.a Packet Pg. 346 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 : Resolution No. 2022-94 Resolution 2022-94 May 18, 2022 Page 4 of 6 one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1. (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The Mayor and City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The Mayor and City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on May 18, 2022. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on May 18, 2022, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (f) Declaration of Results. The Mayor and City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. SECTION 10. Filing of Resolution and Map with City Clerk. The Mayor and City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office. SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 13. Effective Date. This Resolution shall become effective immediately. 7.a Packet Pg. 347 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 : Resolution No. 2022-94 Resolution 2022-94 May 18, 2022 Page 5 of 6 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 7.a Packet Pg. 348 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 : Resolution No. 2022-94 Resolution 2022-94 May 18, 2022 Page 6 of 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-94, 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 7.a Packet Pg. 349 Attachment: Attachment 1 - Resolution No. 2022-94 Calling an Election - Annexation No. 16 to Community Facilities District 2019-1 (8932 : 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. 16 is currently comprised of sixteen parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0261-712-01 RCH-CWI Belmont, LP 0261-712-02 RCH-CWI Belmont, LP 0261-712-03 RCH-CWI Belmont, LP 0261-712-04 RCH-CWI Belmont, LP 0261-712-05 RCH-CWI Belmont, LP 0261-712-06 RCH-CWI Belmont, LP 0261-712-07 RCH-CWI Belmont, LP 0261-712-08 RCH-CWI Belmont, LP 0261-712-09 RCH-CWI Belmont, LP 0261-712-10 RCH-CWI Belmont, LP 0261-712-11 RCH-CWI Belmont, LP 0261-712-12 RCH-CWI Belmont, LP 0261-712-13 RCH-CWI Belmont, LP 0261-712-14 RCH-CWI Belmont, LP 0261-712-15 RCH-CWI Belmont, LP 0261-712-16 RCH-CWI Belmont, LP     7.b Packet Pg. 350 Attachment: Attachment 2 - Exhibit A Description of Territory (8932 : Public Hearing on Annexation No. 16 to Community Facilities District EXHIBIT B 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.    7.c Packet Pg. 351 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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.    7.c Packet Pg. 352 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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.  7.c Packet Pg. 353 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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  7.c Packet Pg. 354 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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:  7.c Packet Pg. 355 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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  obligation 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)  7.c Packet Pg. 356 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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  7.c Packet Pg. 357 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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  7.c Packet Pg. 358 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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).    7.c Packet Pg. 359 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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.     7.c Packet Pg. 360 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities City of San Bernardino 11  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX A    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)                  COST ESTIMATE  Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance  services for Fiscal Year 2022‐23.  These services are being funded by the levy of Special Tax A for  Community Facilities District No. 2019‐1.  TAX ZONE 17  TR 20145    Item Description Estimated Cost  1 Lighting $200  2 Streets $6,993  3 Parks $2,080  4 Graffiti $88  5 Reserves $43  6 Admin $936  Total  $10,341    Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax  B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may  have Special Tax B Contingent Services being provided.      TAX ZONE 17  FY 2022‐23 MAXIMUM SPECIAL TAX RATES  DEVELOPED PROPERTY AND APPROVED PROPERTY     Land Use   Category  Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Single‐Family Residential RU $646 $0  Multi‐Family Residential RU $646 $0  Non‐Residential Property Acre $2,060 $0    TAX ZONE 17  FY 2022‐23 MAXIMUM SPECIAL TAX RATES   UNDEVELOPED PROPERTY    Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Acre $2,060 $0      7.c Packet Pg. 361 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities City of San Bernardino 12  Community Facilities District No. 2019‐1 (Maintenance Services)     TAX ZONE SUMMARY      Annexation  Tax  Zone  Tract  APN  Fiscal  Year  Maximum  Special Tax A  Maximum  Special Tax B    Subdivider  Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc.  1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc.  2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC  3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC  4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC  5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC  6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center  LLC  7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC  8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC  9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC  10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC  11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP  12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings  13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.   14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust  15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC  16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP  17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson      ESCALATION OF MAXIMUM SPECIAL TAXES  On each July 1, commencing on July 1, 2020 the Maximum Special Tax 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.  7.c Packet Pg. 362 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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.                7.c Packet Pg. 363 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 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    7.c Packet Pg. 364 Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on Annexation No. 16 to Community Facilities 7.cPacket Pg. 365Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on 7.cPacket Pg. 366Attachment: Attachment 3 - Exhibit B Rate and Method of Apportionment (8932 : Public Hearing on EXHIBIT C CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 16 (May 18, 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 RCH-CWI Belmont, LP 5.98 6 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 May 4, 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 May 18, 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 May 18, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk 7.d Packet Pg. 367 Attachment: Attachment 4 - Exhibit C Special Election Ballot (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): RCH-CWI Belmont, LP Attn: Roger Hobbs 1428 E. Chapman Ave. Orange, CA 92866 0261-712-01, 0261-712-02, 0261-712-03, 0261-712-04, 0261-712-05, 0261-712-06, 0261-712-07, 0261-712-08, 0261-712-09, 0261-712-10, 0261-712-11, 0261-712-12, 0261-712-13, 0261-712-14, 0261-712-15, 0261-712-16 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 April 6, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 16 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__.        RCH-CWI Belmont, LP By: Roger Hobbs Signature Print Name Title   7.d Packet Pg. 368 Attachment: Attachment 4 - Exhibit C Special Election Ballot (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019- Resolution No. 2022-95 Resolution 2022-95 May 18, 2022 Page 1 of 3 RESOLUTION NO. 2022-95 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 16) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a resolution calling a special election for May 18, 2022, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question 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 as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated May 18, 2022, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019- 1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said 7.e Packet Pg. 369 Attachment: Attachment 5 - Resolution No. 2022-95 Declaring Election Results on Annexation No. 16 to Community Facilities District 2019-1 Resolution No. 2022-95 Resolution 2022-95 May 18, 2022 Page 2 of 3 Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2022-70 adopted by the Mayor and City Council on April 6, 2022. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 16 Community Facilities District No. 2019- 1 (Maintenance Services)" a copy of which was recorded, on April 12, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 15, in the office of the San Bernardino County Recorder. SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory. 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 7.e Packet Pg. 370 Attachment: Attachment 5 - Resolution No. 2022-95 Declaring Election Results on Annexation No. 16 to Community Facilities District 2019-1 Resolution No. 2022-95 Resolution 2022-95 May 18, 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. 2022-95, 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 7.e Packet Pg. 371 Attachment: Attachment 5 - Resolution No. 2022-95 Declaring Election Results on Annexation No. 16 to Community Facilities District 2019-1 EXHIBIT A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 16 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated April 15, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed. Landowner Qualified Landowner Votes Votes Cast YES NO RCH-CWI Belmont, LP 6 6 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 ____________, 2022. Genoveva Rocha, CMC City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot) 7.f Packet Pg. 372 Attachment: Attachment 6 - Exhibit A Certificate of Election Results (8932 : Public Hearing on Annexation No. 16 to Community Facilities Ordinance MC-1580 ORDINANCE NO. MC-1580 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the Mayor and City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on May 18, 2022, at the time and place specified in said published and mailed notice, the Mayor and City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the Mayor and City Council adopted resolutions entitled "Resolution of the Mayor and City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election 7.g Packet Pg. 373 Attachment: Attachment 7 - Ordinance MC-1580 Levying Special taxes (8932 : Public Hearing on Annexation No. 16 to Community Facilities Ordinance MC-1580 within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Findings. It is necessary that the Mayor and City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4. Authorization to Publish Ordinance. 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. SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022. John Valdivia, Mayor City of San Bernardino 7.g Packet Pg. 374 Attachment: Attachment 7 - Ordinance MC-1580 Levying Special taxes (8932 : Public Hearing on Annexation No. 16 to Community Facilities Ordinance MC-1580 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 7.g Packet Pg. 375 Attachment: Attachment 7 - Ordinance MC-1580 Levying Special taxes (8932 : Public Hearing on Annexation No. 16 to Community Facilities Ordinance MC-1580 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1580, introduced by the Mayor and 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.g Packet Pg. 376 Attachment: Attachment 7 - Ordinance MC-1580 Levying Special taxes (8932 : Public Hearing on Annexation No. 16 to Community Facilities EXHIBIT A 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. 7.h Packet Pg. 377 Attachment: Attachment 8 - Exhibit A Description of Services (8932 : Public Hearing on Annexation No. 16 to Community Facilities District EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23 (Effective as of May 18, 2022) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46 1 17329, LLC 0348-111-52, 0261-031-10, -11, and 0261-062-11 thru -14 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-181-16, -17 5 Strata Palma, LLC 0261-182-41 6 San Bernardino Medical Center, LLC 0147-114-01 7 ICO Fund VI, LLC 0281-161-48 8 TR 2600 Cajon Industrial LLC 0148-122-04 9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01 11 Prologis, LP 0137-011-01, -31, 0137-051-27 (Por.), 0137-052-46, 0274-011-11, -12, -34, -35, -42, -43 12 Dreamland Real Estate Holdings 0281-061-35 13 Magic Laundry Services, Inc. 0141-282-05 and -06 14 To Be Determined 15 To Be Determined 16 RCH-CWI Belmont, LP 0261-712-01 thru -16 7.i Packet Pg. 378 Attachment: Attachment 9 - Exhibit B Parcel List (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5)) 7.j Packet Pg. 379 Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5)) 7.j Packet Pg. 380 Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5))   INSERT EXHIBIT A: BOUNDARY DESCRIPTION 7.j Packet Pg. 381 Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5)) LEGAL DESCRIPTION Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LOTS 1 THROUGH 16 OF TRACT MAP NO. 20145, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 359, PAGES 97 THROUGH 99, INCLUSIVE, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL MINERALS, COAL, CARBONS, HYDROCARBONS, OIL, GAS, CHEMICAL ELEMENTS AND COMPOUNDS WHETHER IN SOLID, LIQUID, OR GASEOUS FORM, AND ALL STEAM AND OTHER FORMS OF THERMAL ENERGY ON, IN, OR UNDER THE ABOVE DESCRIBED LAND PROVIDED THAT THE GRANTOR DOES NOT RESERVE THE RIGHT TO USE THE SUBJECT PROPERTY OR EXTRACT MINERALS OR OTHER SUBSTANCES FROM THE SUBJECT PROPERTY ABOVE A DEPTH OF 500 FEET, NOR DOES THE GRANTOR RESERVE THE RIGHT TO USE THE SURFACE AS RESERVED BY CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A CORPORATION IN A CORPORATION GRANT DEED RECORDED MARCH 21, 2019 AS INSTRUMENT NO. 2019-0088134 OF OFFICIAL RECORDS. APN: 0261-712-01-0-000 through 0261-712-16-0-000 7.j Packet Pg. 382 Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5))   INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP 7.j Packet Pg. 383 Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5)) 7.jPacket Pg. 384Attachment: Attachment 10 - Petition (8932 : Public Hearing on Annexation No. 16 to Community Facilities District 2019-1 (Ward 5)) This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3581013 PERLA LOPEZ CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA - 92401 HRGSB - NOTICE OF HEARING-SB NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 05/04/2022 05/04/2022 SAN BERNARDINO !A000006011307! Email NOTI CE OF PUB LIC HEARI NG ON I NTENTIO N TO ANNEX TERRITORY TO AN EXISTI NG COMMUNITY FA CILITIES DISTRI CT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.16) NOTICE I S HEREBY GIV EN that the City Council of the City of San Bernardino on April 6,2022 adopted its Resolution No.2022-70,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 maintenance 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 HEREB Y FURT HER GIVEN that the City Council has fixed 7:00 p.m.,or as soon thereafter as practicable,Wednesday,May 18, 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 May 18,2022 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:April 22,2022 Genoveva Rocha,CMC 7.k Packet Pg. 385 Attachment: Attachment 11 - Proof of Publication Notice of Public Hearing (8932 : Public Hearing on Annexation No. 16 to Community Facilities City Clerk of the City of San Bernardino 5/4/22 SBS-3581013# 7.k Packet Pg. 386 Attachment: Attachment 11 - Proof of Publication Notice of Public Hearing (8932 : Public Hearing on Annexation No. 16 to Community Facilities Public Hearing CFD No. 2019-1 Annexation No. 16: TR 20145 (RCH-CWI Belmont LP) Presented by Alex Qishta Interim Director of Public Works/City Engineer 7.l Packet Pg. 387 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Public Hearing on CFD 2019-1 Annexation No. 16 Recommended Action 1.CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO.2019-1 (MAINTENANCE SERVICES)("CFD NO.2019-1"OR "CFD")BY TA KING THE FOLLOWING ACTIONS: A.HOLD PUBLIC HEARING, B.ADOPT A RESOLUTION CALLING THE ELECTION, C.HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION, D.ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION; AND 2.UPON APPROVAL OF THE PRECEDING RESOLUTIONS,INTRODUCE AN ORDINANCE AMENDING ORDINANCE NO.MC-1522 AND LEVYING AND APPORTIONING THE SPECIAL TA X IN CFD NO.2019-1 (AS IT NOW EXISTS AND WILL EXIST IN THE FUTURE);AND 3.SCHEDULE THE FINAL READING AND ADOPTION OF THE AMENDED ORDINANCE FOR JUNE 1,2022. 7.l Packet Pg. 388 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Public Hearing on CFD 2019-1 Annexation No. 16 Discussion •The Property Owner, RCH-CWI Belmont, LP, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. •The area proposed within Annexation No. 16 includes sixteen parcels APNs 0261-712-01 thru -16. •On April 6, 2022 the City Council adopted Resolution No. 2022-70, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on May 18, 2022. The property owner consented to waiving certain time restriction and conduct the election the same night. 7.l Packet Pg. 389 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Public Hearing on CFD 2019-1 Annexation No. 16 Discussion (Cont.) •The proposed maximum annual tax of $646 per unit will be included in CFD No. 2019-1 as Tax Zone 17. •The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. 7.l Packet Pg. 390 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Public Hearing on CFD 2019-1 Annexation No. 16 Discussion (Cont.) •The services, which may be funded with proceeds of the special tax include: •All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way •Public lighting including street lights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •Maintenance and operation of water quality improvements including storm drainage and flood protection facilities •In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds. 7.l Packet Pg. 391 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Project Location 7.l Packet Pg. 392 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Public Hearing on CFD 2019-1 Annexation No. 16 Fiscal Impact •It is anticipated that at build-out the total Special Ta x revenues to pay for maintenance costs will be approximately $10,341. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City ’s General Fund. 7.l Packet Pg. 393 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to Questions? 7.l Packet Pg. 394 Attachment: Attachment 12 - PowerPoint Presentation (8932 : Public Hearing on Annexation No. 16 to PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 17   7.mPacket Pg. 395Attachment: Attachment 13 - Project Map (8932 : Public Hearing on Annexation No. 16 to Community Page 1 Public Hearing City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2022-96 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), annexing territory to Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2022-97 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the May 18, 2022, annexation and special tax election. Background On April 6, 2022, the Mayor and City Council adopted Resolution No. 2022-72, a Resolution of Intention to annex territory into Community Facilities District No. 2018 -1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for May 18, 2022, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on April 12, 2022, at 10:33 a.m. in Book 90 Pa ge 13, Document No. 2022-0135961 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder. The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 5.98 gross acres of vacant 8 Packet Pg. 396 8933 Page 2 residential property within the City, to include 16 detached single family residences upon buildout, requesting that the City assist them in annexing their properties into CFD No. 2018-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2018-1 to levy a special tax to cover the costs associated with financing public safety costs. The public services to be financed within the territory to be annexed to the District are the following: 1. Police protection services (including but not limited to criminal justice services) and paramedic services; and 2. 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 operating reserves. The proposed total maximum tax rate is $385 per residential unit for FY 2022/23. The maximum annual tax rate is proposed to escalate each year after July 1, 2024, by four percent (4.0%). The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. In order to annex property to CFD No. 2018 -1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt three statutorily required Resolutions are summarized below: • Resolution declaring City intent to annex territory to Community Facilities District No. 2018-1, including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted April 6, 2022. • 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. Discussion The Resolution of Intention called for a public hearing to be held on May 18, 2022, on the issue of the annexation of territory into CFD No. 2018 -1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the 8 Packet Pg. 397 8933 Page 3 proposed boundaries of the CFD file written protests against the establishment of the CFD, the Mayor and City Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD. Adoption of Resolution No. 2018-264 on September 19, 2018, established CFD 2018-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing . If the Mayor and City Council adopt Resolution No. 2022-96, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022 -97 declaring the results of the election. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity 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 There is no fiscal impact to the General Fund at this time. 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 $6,160 to be used to pay for safety services. The Maximum Special Tax rate is proposed to escalate each year after July 1, 2024, by four percent (4.0%). All costs associated with annexation into the CFD have been borne by the Developer. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2022-96 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), annexing territory to Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; and 3. Hold a special landowner election and canvass the election; and 8 Packet Pg. 398 8933 Page 4 4. Adopt Resolution No. 2022-97 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the May 18, 2022, annexation and special tax election. Attachments Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy Attachment 2 - Exhibit A - Ballot Attachment 3 - Resolution No. 2022-97 Declaring Election Results Attachment 4 - Exhibit A - Ballot Attachment 5 - Exhibit B - Certificate of Election Results Attachment 6 - Registrar of Voters Certificate Attachment 7 - Proof of Publication Attachment 8 - PowerPoint Attachment 9 - Project Map Ward: 5 Synopsis of Previous Council Actions: August 15, 2018 Mayor and City Council adopted Resolution No. 2018 -239, a Resolution of Intention to form Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. September 19, 2018 Resolution No. 2018-264 was adopted establishing Community Facilities District No. 2018-1; Resolution No. 2018-265 was adopted declaring election results for Community Facilities District No. 2018-1; and first reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1. October 3, 2018 Final reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1. April 6, 2022 Mayor and City Council adopted Resolution No. 2022-72, a Resolution of Intention to annex territory into Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. 8 Packet Pg. 399 Resolution No. 2022- 96 RESOLUTION NO. 2022-96 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES), ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES), AND CALLING ELECTIONS THEREIN WHEREAS, on August 15, 2018, the Mayor and City Council (the “City Council”) of the City of San Bernardino adopted Resolution No. 2018-239, declaring its intention to establish Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (“Community Facilities District No. 2018-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, after a duly noticed public hearing, the Mayor and City Council adopted Resolution No. 2018-264 (the “Resolution of Formation”) establishing Community Facilities District No. 2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment “D” attached to the Resolution No. 2018-239 (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1; and WHEREAS, pursuant to a petition signed by RCH-CWI Belmont, LP (the “Owner”), on April 6, 2022, the Mayor and City Council adopted Resolution No. 2022-72 (the “Resolution of Intention”), stating its intention to annex the territory described in Attachment “A” to the Resolution of Intention (the “Annexation Territory”) to the District; and WHEREAS, a notice of a public hearing to be held on May 18, 2022, was published and mailed to all landowners of the land proposed to be included within the Annexation Territory as required by law relative to the intention of the Mayor and City Council to annex the Annexation Territory to the District and to levy a special tax in accordance with the Rate and Method (as defined below); and WHEREAS, on May 18, 2022, this Mayor and City Council held a noticed public hearing as required by law relative to the proposed annexation of the Annexation Territory, the levy of special taxes therein in accordance with the attached as Attachment “C” to the Resolution of Intention (the “Rate and Method”), which Rate and Method is identical to the Original Rate and Method in all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein; and WHEREAS, at the May 18, 2022, public hearing all persons desiring to be heard on all matters pertaining to the proposed annexation of the Annexation Territory to the District and the levy of the special taxes within the Annexation Territory in accordance with the Rate and Method were heard and a full and fair hearing was held; and 8.a Packet Pg. 400 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to Resolution No. 2022- 96 WHEREAS, at the public hearing, evidence was presented to the Mayor and City Council on the matters before it, and the proposed annexation of the Annexation Territory to the District and the levy of special taxes within the Annexation Territory in accordance with the Rate and Method was not precluded by a majority protest of the type described in Section 53339.6 of the Act, and this Mayor and City Council at the conclusion of the hearing is fully advised as to all matters relating to the annexation of the Annexation Territory and the levy of the special taxes in accordance with the Rate and Method; and WHEREAS, the Mayor and City Council has determined that there have been fewer than twelve registered voters residing in the Annexation Territory for the period of 90 days prior to March 3, 2021, and that the qualified electors in Annexation Territory are the landowners therein; and WHEREAS, on the basis of all of the foregoing, the Mayor and City Council has determined at this time to proceed with the annexation of the Annexation Territory to the District and to call an election within the Annexation Territory to authorize the levy of special taxes pursuant to the Rate and Method. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct. SECTION 2. The Mayor and City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District and the proposed annexation of the Annexation Territory to the District were valid and in conformity with the requirements of law, including the Act. SECTION 3. The map showing the original boundaries of the District designated as “Map of Proposed Boundaries of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services),” which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor -County Clerk-Recorder’s office of the County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No. 2018-0300849. The map showing the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor -County Clerk-Recorder’s office of the County of San Bernardino in Book No. 90 Page No. 13, on April 12, 2022, as Instrument No. 2022-0135961. SECTION 4. The Mayor and City Council hereby adopts the Rate and Method attached as Attachment “C” to the Resolution of Intention as the applicable rate and method for the Annexation Territory. Except where funds are otherwise available, it is the intention of the Mayor and City Council, subject to the approval of the eligible voters within the Annexation Territory, to levy the proposed special taxes at the rates within the Annexation Territory set forth 8.a Packet Pg. 401 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to Resolution No. 2022- 96 in the Rate and Method on all non-exempt property within the Annexation Territory sufficient to pay for (i) the Services (as defined in the Rate and Method), (ii) fund an operating reserve for the costs of Services as determined by the City, and (v) Administrative Expenses (as defined in the Rate and Method). The District expects to incur, and in certain cases has already incurred, Administrative Expenses in connection with the annexation of the Annexation Territory to the District. The rate and method of apportionment of the special tax applicable to the Annexation Territory is described in detail in Attachment “C” to the Resolution of Intention which is incorporated herein by this reference, and the Mayor and City Council hereby finds that Attachment “C” to the Resolution of Intention contains sufficient detail to allow each landowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel. The special tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property. SECTION 5. The City’s City Manager will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. The special tax may be levied for such period as the Services are needed, as further described in Attachment “B” to the Resolution of Intention. SECTION 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Annexation Territory and this lien shall continue in force and effect until the levy of the special tax by the District ceases in accordance with the Rate and Method. SECTION 7. Consistent with Section 53325.6 of the Act, the Mayor and City Council finds and determines that the land within the Annexation Territory, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within the Annexation Territory and will be benefited by the Services proposed to be provided within Community Facilities District No. 2018-1 and the Annexation Territory. SECTION 8. It is hereby further determined that there is no ad valorem property tax currently being levied on property within the Annexation Territory for the exclusive purpose of paying for the same services as are proposed to be provided by Community Facilities District No. 2018-1. SECTION 9. Written protests against the annexation of the Annexation Territory to the District and the levy of the special tax therein have not been filed by one-half or more of the registered voters within the boundaries of the Annexation Territory to the District or by the property owners of one-half or more of the area of land within the boundaries of the Annexation Territory. The Mayor and City Council hereby finds that the proposed special tax for the Annexation Territory has not been precluded by a majority protest pursuant to Section 53324 of the Act. 8.a Packet Pg. 402 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to Resolution No. 2022- 96 SECTION 10. An election is hereby called for the Annexation Territory on the propositions of annexation to the District and the levying the special tax on the property within such Annexation Territory, pursuant to Section 53339.7 of the Act. The propositions to be placed on the ballot for the Annexation Territory are attached hereto as Attachment “A.” SECTION 11. The date of the foregoing elections for each Proposed Annexation Territory shall be May 18, 2022, or such later date as is consented to by the City Clerk and the landowners within the Annexation Territory. The City Clerk shall conduct the elections. Except as otherwise provided by the Act, the elections shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the elections shall be conducted in accordance with the provisions of law regulating elections of the City insofar as such provisions are determined by the City Clerk to be applicable. SECTION 12. It is hereby found that there are not more than twelve registered voters within the territory of the Annexation Territory, and, pursuant to Section 53339.7 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he or she owns within the Annexation Territory. SECTION 13. That 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 14. 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 15. Effective Date. This Resolution shall become effective immediately. 8.a Packet Pg. 403 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to Resolution No. 2022- 96 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 8.a Packet Pg. 404 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to Resolution No. 2022- 96 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. 2022-96, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk 8.a Packet Pg. 405 Attachment: Attachment 1 - Resolution No. 2022-96 Calling Election, Authorizing Levy (8933 : Public Hearing on Annexation No. 4 to EXHIBIT A CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 4 (May 18, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes RCH-CWI Belmont, LP 5.98 6 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. 2018-1, 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 May 4, 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 May 18, 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 May 18, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk 8.b Packet Pg. 406 Attachment: Attachment 2 - Exhibit A - Ballot (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) (Ward   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): RCH-CWI Belmont, LP Attn: Roger Hobbs 1428 E. Chapman Ave. Orange, CA 92866 0261-712-01, 0261-712-02, 0261-712-03, 0261-712-04, 0261-712-05, 0261-712-06, 0261-712-07, 0261-712-08, 0261-712-09, 0261-712-10, 0261-712-11, 0261-712-12, 0261-712-13, 0261-712-14, 0261-712-15, 0261-712-16 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”: Shall the territory described in Attachment “A” of Resolution No. 2022-72 of the Mayor and City Council of the City of San Bernardino be annexed to Community Facilities District No. 2018-1 (Safety Services)? YES _________ NO _________ PROPOSITION B MARK “YES” OR “NO” WITH AN “X”: Shall a special tax with a rate and method of apportionment as provided in Attachment “C” to Resolution No. 2022-72 of the Mayor and City Council of the City of San Bernardino be levied to pay for the Services and other purposes described in Resolution No. 2018-264? 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__.        RCH-CWI Belmont, LP By: Roger Hobbs Managing Member Signature Print Name Title   8.b Packet Pg. 407 Attachment: Attachment 2 - Exhibit A - Ballot (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) (Ward Resolution No. 2022-97 RESOLUTION NO. 2022-97 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) CERTIFYING THE RESULTS OF THE MAY 18, 2022, ANNEXATION AND SPECIAL TAX ELECTION. WHEREAS, the Mayor and City Council (the “City Council”) of City of San Bernardino (the “City”) called and duly held consolidated elections on May 18, 2022, within the boundaries of certain territory (the “Annexation Territory”) described in Attachment “A” to Resolution No. 2022-72 adopted by the Mayor and City Council on April 6, 2022, which territory is to be annexed to Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (“Community Facilities District No. 2018-1” or the “District”) pursuant to Resolution No. 2022- ___ for the purpose of presenting to the qualified electors within the Annexation Territory the propositions attached hereto as Attachment A; and WHEREAS, there has been presented to this Mayor and City Council a certificate of the City Clerk canvassing the results of the election, a copy of which is attached hereto as Attachment B. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. SECTION 2. The Proposition presented to the qualified electors of the Annexation Territory on May 18, 2022, were approved by more than two-thirds of the votes cast at the election held for the Annexation Territory and Propositions A and B each has carried. The Mayor and City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the Annexation Territory, which is hereby annexed to the District in accordance with Proposition A, the special tax described in Proposition B for the purposes described therein. SECTION 3. The Mayor and City Council, acting as the legislative body of the District, is hereby authorized to take the necessary steps to levy the special tax authorized by Proposition B in accordance with Ordinance No. MC-1506 approved by the Mayor and City Council, acting as the legislative body of the District. SECTION 4. The City Clerk is hereby directed to record in the Office of the County Recorder within fifteen days of the date hereof a notice of special tax lien for the Annexation Territory which Bond Counsel to the District shall prepare in the form required by Streets and Highways Code Section 3114.5. 8.c Packet Pg. 408 Attachment: Attachment 3 - Resolution No. 2022-97 Declaring Election Results (8933 : Public Hearing on Annexation No. 4 to Community Resolution No. 2022-97 SECTION 5. That 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 8.c Packet Pg. 409 Attachment: Attachment 3 - Resolution No. 2022-97 Declaring Election Results (8933 : Public Hearing on Annexation No. 4 to Community Resolution No. 2022-97 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. 2022-97, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk 8.c Packet Pg. 410 Attachment: Attachment 3 - Resolution No. 2022-97 Declaring Election Results (8933 : Public Hearing on Annexation No. 4 to Community EXHIBIT A CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 4 (May 18, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes RCH-CWI Belmont, LP 5.98 6 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. 2018-1, 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 May 4, 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 May 18, 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 May 18, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk 8.d Packet Pg. 411 Attachment: Attachment 4 - Exhibit A – Ballot (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) (Ward   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): RCH-CWI Belmont, LP Attn: Roger Hobbs 1428 E. Chapman Ave. Orange, CA 92866 0261-712-01, 0261-712-02, 0261-712-03, 0261-712-04, 0261-712-05, 0261-712-06, 0261-712-07, 0261-712-08, 0261-712-09, 0261-712-10, 0261-712-11, 0261-712-12, 0261-712-13, 0261-712-14, 0261-712-15, 0261-712-16 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”: Shall the territory described in Attachment “A” of Resolution No. 2022-72 of the Mayor and City Council of the City of San Bernardino be annexed to Community Facilities District No. 2018-1 (Safety Services)? YES _________ NO _________ PROPOSITION B MARK “YES” OR “NO” WITH AN “X”: Shall a special tax with a rate and method of apportionment as provided in Attachment “C” to Resolution No. 2022-72 of the Mayor and City Council of the City of San Bernardino be levied to pay for the Services and other purposes described in Resolution No. 2018-264? 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__.        RCH-CWI Belmont, LP By: Roger Hobbs Managing Member Signature Print Name Title   8.d Packet Pg. 412 Attachment: Attachment 4 - Exhibit A – Ballot (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) (Ward EXHIBIT B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 4 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the Deputy City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated April 15, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measures, the measures has therefore passed. Landowner Qualified Landowner Votes Votes Cast PROPOSITION A PROPOSITION B YES NO YES NO RCH-CWI Belmont, LP 6 6 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 ____________, 2021. Genoveva Rocha, MMC City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot) 8.e Packet Pg. 413 Attachment: Attachment 5 - Exhibit B – Certificate of Election Results (8933 : Public Hearing on Annexation No. 4 to Community Facilities 8.f Packet Pg. 414 Attachment: Attachment 6 - Registrar of Voters Certificate (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3581014 PERLA LOPEZ CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA - 92401 HRGSB - NOTICE OF HEARING-SB NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY 4 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 05/04/2022 05/04/2022 SAN BERNARDINO !A000006011309! Email NOTI CE OF PUB LIC HEARI NG ON I NTENTIO N TO ANNEX TERRITORY TO AN EXISTI NG COMMUNITY FA CILITIES DISTRICT 2018-1 (SAFETY SERVICES) (ANNEXATION NO.4) NOTICE IS HEREB Y GIVENthat the City Council of the City of San Bernardino on April 6,2022 adopted its Resolution No.2022-72,in which it declared its intention to annex territory to existing Community Facilities District No.2018-1 (Safety Services)(the "CFD No.2018-1"),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.2018-1 is proposed. NOTICE IS HEREB Y FURT HER GIVENthat the City Council has fixed 7:00 p.m.,or as soon thereafter as practicable,Wednesday,May 18, 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.2018-1.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 May 18,2022 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:April 27,2022 Genoveva Rocha,CMC 8.g Packet Pg. 415 Attachment: Attachment 7 - Proof of Publication (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) City Clerk of the City of San Bernardino 5/4/22 SBS-3581014# 8.g Packet Pg. 416 Attachment: Attachment 7 - Proof of Publication (8933 : Public Hearing on Annexation No. 4 to Community Facilities District 2018-1 (Safety) Public Hearing CFD No. 2018-1 Annexation No. 4: (TR 20145) APNs 0261-712-01 thru -16 Presented by Barbara Whitehorn, Finance Director 8.h Packet Pg. 417 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Public Hearing on CFD 2018-1 Annexation No. 4 Discussion •The Property Owner, RCH-CWI Belmont, LP, has requested the City assist them in annexing territory into CFD No. 2018-1 to cover the costs associated with Public Safety services. •The area proposed within Annexation No. 4 includes sixteen APNs 0261-712-01 thru -16 within TR 20145. This proposed development is to include 16 detached single-family residential lots. •On April 6, 2022 the City Council adopted Resolution No. 2022-72, a Resolution of Intention to annex these properties into CFD No. 2018-1 and hold a Public Hearing on May 18, 2022. The property owner consented to waiving certain time restriction and conduct the election the same night. 8.h Packet Pg. 418 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Public Hearing on CFD 2018-1 Annexation No. 4 Discussion (Cont.) •The proposed maximum annual tax of $385 per residential unit for Fiscal Ye ar 2022-23. •The Special Tax is proposed to escalate each year after July 1, 2024 by 4%. •The services, which may be funded with proceeds of the special tax include: •Po lice protection services (including but not limited to criminal justice services) and paramedic services; and •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 operating reserves. 8.h Packet Pg. 419 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Project Location 8.h Packet Pg. 420 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Public Hearing on CFD 2018-1 Annexation No. 4 Fiscal Impact •It is anticipated that at build-out the total Special Ta x revenues to pay fo r public safety services will be approximately $6,160. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City ’s General Fund. 8.h Packet Pg. 421 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Public Hearing on CFD 2018-1 Annexation No. 4 Recommended Action CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO.2018-1 (SAFETY SERVICES)("CFD NO.2018-1" OR "CFD")BY TA KING THE FOLLOWING ACTIONS: A.HOLD PUBLIC HEARING, B.ADOPT A RESOLUTION CALLING THE ELECTION, C.HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION, D.ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION; 8.h Packet Pg. 422 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community Questions? 8.h Packet Pg. 423 Attachment: Attachment 8 - PowerPoint (8933 : Public Hearing on Annexation No. 4 to Community PROJECT MAP CFD NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 4   8.iPacket Pg. 424Attachment: Attachment 9 - Project Map (8933 : Public Hearing on Annexation No. 4 to Community Page 1 Public Hearing City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Continue the Public Hearing on the Vacation of a Portion of “I” Street (Ward 3). Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, continue the public hearing on the Vacation of a portion of “I” Street bet ween Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until June 1, 2022, at 7:00 p.m. Background Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of a street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour and place of the hearing, follo wed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office. The Burlington Northern Santa Fe (BNSF) Ono Lead Track Extension Project (“Project”) proposes to install a fourth lead track extending the existing BNSF San Bernardino Intermodal Facility (SBD Intermodal) lead track to tow existing Ono Storage Sidings. The project would involve construction of a fourth lead track within/along approximately 4.3 miles of an existing BNSF corridor generally from the BNSF overpass at State Street/University Parkway on the north to the existing SBD Intermodal at West 5th Street on the south. The proposed Project would close the existing gap between the two existing Ono Storage Sidings, creating a continuous lead track and improving the flow of trains in and out of the BNSF yard. The Project does not propose to increase rail line operations. Instead, it would improve the Yard’s operational efficiency by reducing train congestion along the existing lead tracks and reducing train idling, as they wait to enter/exit the yard. 9 Packet Pg. 425 8966 Page 2 On January 11, 2022, the Planning Commission of the City of San Bernardino, California, adopted Resolution No. 2022-004-PC, recommending, to the Mayor and City Council of San Bernardino, the certification of the Final Environmental Impact Report (California State Clearinghouse Schedule No. 20201030193), the adoption of the findings of fact and the mitigation monitoring and reporting program under the California Environmental Quality Act, and the approval of the real property street vacation 15.30.434 for the proposed BNSF Ono Lead Track Extension Project. As part of the Ono Project, BNSF has requested that the City approve the vacation of “I” Street and “J” Street as follows: • Portion of “I” Street between Spruce Street and 6th Street • Portion of “I” Street between 6th Street and 7th Street • Portion of “I” Street between 7th Street and 8th Street • Portion of “I” Street between 8th Street and 10th Street • Portion of “I” Street between 10th Street and 11th Street • Portion of “I” Street between 11th Street and Home Avenue and between Home Avenue and 14th Street • Portion of “I” Street between 10th Street and 11th Street and 10th Street and Olive Street • Portion of “J” Street where it intersects with 17th Street and 21st Street between Turrill Avenue and Existing Railroad ROW, 10th Street and Olive Street Discussion On March 16, 2022, the Mayor and City Council adopted a Resolution of Intention setting the date, time, and place of the public h earing as May 4, 2022, at 7:00PM at 555 West 6th Street, San Bernardino, California in the City Council Chambers. On May 4, 2022, the Mayor and City Council continued the Public Hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until May 18, 2022, at 7:00 p.m. The applicant has since requested staff continue the item. Accordingly, staff is recommending the public hearing be continued to June 1, 2022, at 7:00 p.m. at 555 West 6th Street, San Bernardino, California, in the City Council Chambers. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way. Fiscal Impact There is no fiscal impact to the City. The applicant has submitted fees in the amount of 9 Packet Pg. 426 8966 Page 3 $8,160 to cover the cost of the vacation procedures. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, continue the public hearing on the Vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and reservation of utilities therein until June 1, 2022, at 7:00 p.m. Attachments None Ward: 3 Synopsis of Previous Council Actions: March 16, 2022 The Mayor and City Council of the City of San Bernardino, California, adopted Resolution 2022-64, declaring its intent to conduct a public hearing to order the vacation of a portion of “I” Street between Spruce Street and Olive Street, and a portion of “J” Street at its intersection with 17th Street and 21st Street and the reservation of utilities therein. May 4, 2022 The Mayor and City Council of San Bernardino, California, continued the public hearing to May 18, 2022, at 7:00 p.m. at 555 West 6th Street, San Bernardino, California, in the City Council Chambers. 9 Packet Pg. 427 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Watson, Animal Services Director Subject: Animal Services Grant Funding Allocation (All Wards) Recommendation Adopt Resolution No. 2022-98 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to amend the FY 2021/22 Budget to appropriate $500,000 of the grant funding from The San Manuel Band of Mission Indians for animal shelter programs and services. Background On April 7, 2021, the Mayor and City Council adopted Resolution 2021 -87, accepting a grant award in the amount of $1,500,000 from the San Manuel Band of Mission Indians for Animal Shelter Programs and Services allocated over a three -year period (FY 2020/21 through FY 2022/23). Discussion The Department has made significant changes to the current facility with the first allocation of grant funding. The updates include the placement and lease of two new modular buildings, new fencing for play yards and furniture for the buildings. The Department has also expanded our services and programs to the benefit of animals and people in the community. We purchased microchips with the grant funding, offering free microchips for resident's pets at multiple events over the past year. We have expanded veterinary care and treatment to pets in our shelter suffering from treatable conditions. Additionally, the first allocation of grant funding has enabled the Department to increase adoptions by covering the cost of spay/neuter of adopted pets. The next allocation of grant funding will be used for expenditures as stipulated in the grant agreement. Later this calendar year, the Department plans to provide the Mayor and City Council with an additional report on the full impact the grant has had on our operations, programs, and services. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1: Improved Operational and Financial 10 Packet Pg. 428 8960 Page 2 Capacity, as it addresses critical upgrades needed to ensure the shelter and staff can continue providing services to the community and their animals; Key Target No. 2: Focused, Aligned Leadership and Unified Community through the opportunity for increased community engagement at the shelter; and Key Target No. 3: Improved Quality of Life by expanding services available to the public and their pets. Fiscal Impact $500,000 will be added to a grant account withi n the Animal Services Department's FY 2021/22 Budget, to be utilized for expenditures in keeping with the approved usage of funds as detailed in the grant agreement. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardi no, California, Adopt Resolution No. 2022-98 authorizing the Director of Finance to amend the FY 2021/22 Budget to appropriate $500,000 of the grant funding from The San Manuel Band of Mission Indians for animal shelter programs and services. Attachments Attachment 1 Resolution No. 2022-98 Attachment 2 San Manuel Grant Agreement Ward: All Synopsis of Previous Council Actions: April 7, 2021 The Mayor and City Council adopted Resolution No. 2021-87, accepting a grant award in the amount of $1,500,000 from the San Manuel Band of Mission Indians for Animal Shelter Programs and Services allocated over a three year period (FY 2020/21 through FY 2022/23) and delegating authority to the City Manager to conduct all negotiations and sign and submit all necessary documents to receive the grant award and authorizing the Director of Finance to amend the FY 2020/21 Budget to appropriate $500,000 of the grant funding for animal shelter programs and services. 10 Packet Pg. 429 Resolution No. 2022-98 Resolution 2022-98 Page 1 of 3 RESOLUTION NO. 2022-98 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 BUDGET TO APPROPRIATE $500,000 OF THE GRANT FUNDING FROM THE SAN MANUEL BAND OF MISSION INDIANS FOR ANIMAL SHELTER PROGRAMS AND SERVICES WHEREAS, The City of San Bernardino Department of Animal Services has been approved for grant funding by the San Manuel Band of Mission Indians in the amount of $1,500,000 (the “Grant”); and WHEREAS, the City is working to expand shelter programs and services to the community; and WHEREAS, the Grant funding would support the City in their efforts. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby approves the acceptance of Grant funds from the San Manuel Band of Mission Indians. SECTION 3. The Mayor and City Council hereby authorizes the Director of Finance to amend the FY 2021/22 Budget to appropriate $500,000 of the grant funding from the San Manuel Band of Mission Indians for animal shelter programs and services. SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. 10.a Packet Pg. 430 Attachment: Attachment 1 Resolution No. 2022-98 Animal Services Grant Funding Allocation [Revision 1] (8960 : Animal Services Grant Resolution No. 2022-98 Resolution 2022-98 Page 2 of 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 10.a Packet Pg. 431 Attachment: Attachment 1 Resolution No. 2022-98 Animal Services Grant Funding Allocation [Revision 1] (8960 : Animal Services Grant Resolution No. 2022-98 Resolution 2022-98 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. 2022-98, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk 10.a Packet Pg. 432 Attachment: Attachment 1 Resolution No. 2022-98 Animal Services Grant Funding Allocation [Revision 1] (8960 : Animal Services Grant RESTRICTED GRANT AGREEMENT San Manuel Band of Mission Indians and City of San Bernardino This Restricted Grant Agreement (this “Agreement”) is made and entered into as of May 1, 2021 (the “Effective Date”) by and between the San Manuel Band of Mission Indians, a federally recognized Indian Tribe located at 26569 Community Center Drive, Highland, California 92346 (“Tribe”), and City of San Bernardino, a municipal government located at 333 Chandler Place San Bernardino, CA 92401 (“Grantee”). Tribe, on the one hand, and Grantee, on the other hand, are each referred to herein individually as a “Party” and together as the “Parties.” I. GRANTEE’S STATUS. This grant is specifically conditioned upon Grantee’s status as an eligible grantee of Tribe in accordance with this Section. Grantee represents and warrants that it is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (hereinafter the “Code”), and that it is not a private foundation as defined in Section 509(a) of the Code. Grantee has provided Tribe with a copy of Internal Revenue Service determination letter(s) evidencing its status as an eligible grantee and Grantee represents and warrants that such determination letter(s) are currently in full force and effect. Grantee will notify Tribe immediately of any actual or proposed change in its tax status during the Grant Period (as defined below). II. AMOUNT AND PAYMENT OF GRANT. Subject to the terms and conditions of this Agreement, Tribe hereby agrees to make a grant to Grantee equal to One and half million Dollars ($1,500,000.00) (such amount and all income and gain earned thereon hereinafter collectively referred to as the “Grant”), which shall be paid in accordance with the following schedule, in each case, subject to Tribe’s prior receipt and written approval of all of Grantee’s reports required hereunder: Payment Date Amount By May 31, 2021 $500,000.00 By May 31, 2022 $500,000.00 By May 31, 2023 $500,000.00 III. PURPOSE OF GRANT. The Parties acknowledge and agree that the purpose of the Grant is to provide funding in support of Animal Services Shelter Improvements (hereinafter the “Grant Project”), which shall be applied to the Grant Project from the Effective Date until April 30, 2024 (the “Grant Period”). Grantee is strongly encouraged to provide supplemental financial and other institutional support to extend the scope and success of each of the initiatives of the Grant Project. 10.b Packet Pg. 433 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) The Grant is made only for the specific charitable and educational purposes described in this Agreement. The Grant may not be used for any other purpose without prior written approval from Tribe. IV. OBJECTIVES & EXPECTED OUTCOMES OF GRANT PROJECT a. Objectives. Grantee shall use the Grant to undertake the activities described in Attachment A: Goals, Objectives, Outcomes and Evaluations (“Attachment A”), attached hereto and incorporated herein by reference, within the timeframe outlined in Attachment A and in accordance with Attachment B: San Manuel Grant Program/Project Budget (“Attachment B”), attached hereto and incorporated herein by reference, unless otherwise agreed by Tribe in writing. b. Outcomes. Grantee shall measure and report the outcomes to Tribe as provided in Attachment A. V. RECOGNITION. In recognition of the Grant, Grantee will express its appreciation and provide recognition publicly to Tribe as set forth in Attachment C: Recognition (“Attachment C”), attached hereto and incorporated herein by reference. In addition, Grantee shall (i) ensure that Tribe is clearly identified as a funder or supporter of Grantee in all published material relating to the subject matter of the Grant and (ii) list Tribe as a funder or supporter in its annual report, if any. Notwithstanding anything to the contrary in this Agreement or Attachment C, all proposed Grantee external communications regarding Tribe shall be submitted first to Tribe for its review and written approval. VI. ADDITIONAL TERMS AND CONDITIONS OF GRANT. Grantee and Tribe hereby agree that the Grant is subject to the following additional terms and conditions: a. Expenditure of Grant. 1.Use and Management of Grant. Grantee will spend the Grant only for the purposes of funding the Grant Project as described above and will not use the Grant in any manner inconsistent with Section 501(c)(3) of the Code. The investment, administration, distribution and stewardship of any current-use fund established by the Grant will be accomplished in accordance with applicable law and Grantee policies, which policies Grantee may amend from time to time. 2.Expenditures. Any material changes to Attachment B require Tribe’s prior written approval. Grantee must also report to Tribe any change, including, but not limited to, changes in expenses, funding, personnel, materials, service area or population, or timelines (as applicable), which impact at least two-and-one-half percent (2.5%) of the reported budget and use of funds for the Grant Project detailed in Attachment B. 3.Payment of Funds to Related Parties of Tribe. No part of the Grant may be paid directly to any director, officer, employee or citizen (or their family members) of Tribe for any purpose. 10.b Packet Pg. 434 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) b. Return of Grant. Grantee shall return to Tribe all or any portion of the Grant not previously spent or irrevocably committed in compliance with and in reliance on this Agreement, and Tribe shall have the right to suspend or withhold unpaid installments of the Grant if: 1. Tribe, in its reasonable discretion, determines that Grantee has not performed in accordance with this Agreement; 2. Any portion of the Grant is not used for the Grant Project; or 3. Necessary to comply with any applicable requirements of law. In addition, Grantee shall return any unused portion of the Grant promptly to Tribe upon the completion of the Grant Period, unless Tribe agrees in writing to extend the Grant Period or repurpose the funds. c. Records, Audits, Site Visits. The Grant provided by Tribe will be accounted for separately in Grantee’s books and records. A systematic accounting record shall be kept by Grantee of the receipt and use of the Grant. Grantee will retain original substantiating documents related to Grant expenditures and will make these records available for Tribe’s review upon its reasonable request. Grantee will be responsible for maintaining adequate financial records pertaining to the Grant throughout the Grant Period and for at least five (5) years following the completion of the Grant Period. Tribe or a designated representative of Tribe shall have the right to conduct a site visit and/or audit Grantee’s books and records relating to the expenditure of the Grant upon Grantee’s receipt of reasonable written notice from Tribe. d. Reports. 1. Grantee will complete all reporting required by this Section VI.d. and Attachment A. In the event of any inconsistency between this Section VI.d. and Attachment A, the more comprehensive reporting requirement will apply. All reports and the assessment of progress toward Goals, Objectives, and Outcomes are subject to the approval and acceptance of Tribe in its sole and absolute discretion and approval and acceptance of all such reports due on or prior to any payment of a portion of the Grant. 2. Grantee will submit written semi-annual summative reports to Tribe by April 30 and October 31 of each year during the Grant Period and will submit a final report to Tribe within sixty (60) days after the completion of the Grant Period (or the earlier termination of this Agreement, if applicable). Such written reports must be signed by an authorized officer of Grantee and shall conform to the report templates provided by Tribe’s Community Outreach Department. In particular, the reports shall describe in detail Grantee’s use of the Grant, compliance with the terms of the Grant and the progress made by Grantee toward achieving the purposes for which the Grant was made. e. Subgrantee Compliance. Grantee hereby confirms that it has the ability to cause and will cause any subgrantee of the Grant to comply with this Agreement (e.g., if and to the extent a subgrantee is contemplated in Attachment A). 10.b Packet Pg. 435 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) f. Licensing and Credentials. Grantee will maintain or cause to be maintained, in full force and effect, all required governmental or professional licenses and credentials for itself, its facilities, its employees and all other entities and individuals engaged in work in conjunction with the Grant. g. Management and Organizational Changes. Grantee will provide immediate written notice to Tribe if significant changes or events occur during the Grant Period which could potentially impact the progress or outcome of the Grant, including, without limitation, changes in Grantee’s management personnel or losses of funding from any other sources. h. Termination. Either Party hereto may terminate this Agreement upon not less than thirty (30) days’ prior written notice to the other for failure on the part of such Party to perform a material obligation hereunder, or for a breach of any of such Party’s representations or warranties made in this Agreement. Tribe may terminate this Agreement upon not less than thirty (30) days’ prior written notice to Grantee for (i) Grantee’s change in its tax-exempt status or fundamental mission, or (ii) Grantee’s implication in an event, or series of events, of such notoriety or opprobrium that the continuation of this Agreement has or will have a negative impact upon Tribe, its image or reputation, or (iii) Grantee’s inability to fulfill the requirements set forth in this Agreement. In the event of any termination of this Agreement, Grantee shall return all Grant funds received excluding all expenditures and contractual encumbrances made consistent with this Agreement and incurred by Grantee in reliance on this Agreement. If Tribe terminates this Agreement, Grantee will remove all signage and other identification from the facilities and all other places, things (including current-use and endowed funds) and sites wherever there are references to Tribe (collectively, “All Identification”), at Grantee’s sole cost and expense, unless otherwise agreed in writing by Tribe in its sole discretion. The removal of All Identification will be completed as soon as reasonably practical, but in no event later than thirty (30) days after the notice of termination, unless otherwise agreed in writing by Tribe in its sole discretion. The foregoing rights and remedies are cumulative of, and in addition to, any rights, remedies or recourses to which the terminating Party may be entitled at law or in equity. i. Knowing Assumption of Obligations. Grantee acknowledges that it understands its obligations imposed by this Agreement, including, but not limited to, those obligations imposed by reference to the Code. Grantee herby agrees that if Grantee has any doubts about its obligations under this Agreement, including those incorporated by reference to the Code, Grantee will promptly contact Tribe. j. Terrorist Activity. Grantee represents and warrants that it does not support or conduct, directly or indirectly, violence or terrorist activity of any kind. k. Confidentiality. The terms of the Grant and this Agreement are confidential. Grantee must seek Tribe’s prior written approval before sharing any terms of the Grant or this Agreement with third parties who do not have a need to know in order to further the purpose of the Grant Project. 10.b Packet Pg. 436 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) l. Tribe’s Publicity of Grant Project. Grantee hereby grants to Tribe an irrevocable, non-exclusive license to use Grantee’s name and marks in publicity materials in all forms of media pertaining to Grantee’s organization, the Grant Project and any results or outcomes of the Grant, for internal presentations and external dissemination to the public. m. Ownership and Use of Marks. 1. License. Grantee acknowledges and agrees that Tribe is the owner of all right, title and interest in and to Tribe’s name and logo (collectively, the “Marks”) and that Grantee’s use of the Marks pursuant to this Agreement inures to the benefit of Tribe. Tribe hereby grants Grantee a non-exclusive and non-transferable license, without the right to sublicense, to use the Marks solely in connection with providing recognition of the Grant pursuant to this Agreement. Grantee will have no rights in or to the Marks, except as expressly granted herein. Tribe expressly reserves to itself all rights in and to the Marks not expressly granted to Grantee pursuant to this Agreement. The manner and use of the Marks shall comply with all federal and state laws pertaining to trade names, trademarks and service marks in force at any time and shall clearly indicate Tribe’s ownership of the Marks as requested and approved by Tribe. 2. Approval Rights. Notwithstanding anything to the contrary in this Agreement, all uses of the Marks by Grantee are subject to the prior written approval of Tribe. Grantee will submit to Tribe for approval, at least ten (10) business days prior to its intended first use, all materials which contain the Marks (whether in print media, direct mail, television, radio, internet, email, billboard or in any other form, media or channel). Tribe will have the right to review and approve any copy containing reference to Tribe or including the Marks prior to its use by Grantee. Tribe will use its reasonable efforts to promptly review materials sent by Grantee for approval and will not unreasonably withhold or delay its approval. In no event shall Grantee make any unapproved changes to the Marks. n. Selection of Subgrantees. With regard to the selection of any subgrantees to carry out the purposes of the Grant, Grantee retains full discretion and control over the selection process, acting completely independently of Tribe. There is no agreement, written or oral, by which Tribe may cause Grantee to choose any particular subgrantee. o. No Agency. Grantee is solely responsible for all activities supported by the Grant, the content of any product created with the Grant, and the manner in which any such product may be disseminated. The relationship between Tribe and Grantee is that of grantor and grantee, and this Agreement shall not be deemed to create any other type of relationship, including, but not limited to, a partnership, joint venture, employment, independent contractor or principal and agent relationship. p. Remedies. If Tribe determines, in its reasonable discretion, that Grantee has materially violated or failed to carry out any provision hereof, Tribe may avail itself of any remedies available at law in addition to those contained in this Agreement. 10.b Packet Pg. 437 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) q. Waiver of Claims and Indemnification. Grantee hereby waives any and all claims and recourse against Tribe, including the right of contribution for loss or damages to persons or property arising from, growing out of, or in any way connected with or incidental to fulfillment of the terms and conditions specified in this Agreement. Additionally, Grantee will indemnify, defend, protect and hold Tribe and its directors, officers, managers, members, employees, agents and representatives, harmless from any cost, expense, claim, demand, liability and/or damage, including reasonable attorney’s fees and costs (“Claims”), arising out of or in connection with, in whole or in part, (i) any false or misleading representation made by Grantee, its agents, directors, trustees, officers, employees or delegated representatives in connection with this Agreement, (ii) its breach of any term of this Agreement, (iii) the performance of Tribe’s obligations pursuant to this Agreement, or (iv) any claims or actions brought by third parties, including, but not limited to, parties set forth below, in connection with this Agreement. Grantee further waives any and all Claims to the extent resulting from, relating to or arising out of (i) the facilities where programs are delivered and/or the operational activities of Grantee therein, including, without limitation, any disputes by, between or among participants, users, guests or any other attendees and Grantee (or Grantee’s respective agents, subcontractors (if any), directors, trustees, officers and employees) or its products and services, any personal injuries sustained by any person at or in connection with the facilities where programs are delivered, and/or any agreements with third parties entered into by Grantee or its agents in connection with the operation of the same facilities, or (ii) the negligent acts or omissions or willful misconduct of Grantee or its agents, subcontractors (if any), directors, trustees, officers or employees in connection with the subject matter of this Agreement, except to the extent those Claims are directly caused by the negligence or willful misconduct of Tribe or its agents, directors, officers or employees. r. Survival. Notwithstanding anything to the contrary in this Agreement, the obligations in Section VI.c., Section VI.d.2. with respect to the final report, Section VI.h., Section VI.k., Section VI.l., and Sections VI.p. through Section VI.bb. shall survive any termination of this Agreement. s. Notices. All notices, requests, demands or other communication permitted or required to be given under this Agreement shall be in writing and shall be deemed given or made when sent by United States certified or registered mail, return receipt requested and postage prepaid, or by a nationally recognized overnight courier, delivery fee prepaid, and in either case to the persons and at the addresses specified below: If to Tribe: Community Outreach Department San Manuel Band of Mission Indians 26569 Community Center Drive Highland, CA 92346 If to Grantee: Robert Field City Manager City of San Bernardino 333 Chandler Place 10.b Packet Pg. 438 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) San Bernardino, CA 92401 The persons and addresses set forth above, from time to time, may be changed by written notice sent as aforesaid to the other Party. t. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience only. They shall not limit or expand the provisions of this Agreement. u. Entire Agreement; Amendments and Modifications. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral, written and other agreements between the Parties. This Agreement may not be amended or modified, except in a writing signed by both Parties. v. Governing Law/Jurisdiction. This Agreement shall be governed by applicable tribal, federal and State of California law, in that order, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. Nothing in this Agreement shall be construed as a waiver of Tribe’s immunity to unconsented suit. w. Non-Assignment. The Parties agree that none of the provisions of this Agreement shall be assigned or delegated to any other individual or entity without the prior written consent of the other Party, which consent will be in the Party’s sole and absolute discretion. x. Successors and Assigns. The Parties agree that this Agreement shall be binding upon them and each of their respective successors and permitted assigns. y. Waiver. No waiver hereunder will be valid unless set forth in a writing signed by the Party to be bound thereby. Neither the failure nor any delay on the part of either Party to exercise any right or remedy under this Agreement shall operate as a waiver thereof. z. Force Majeure. Each of the Parties shall be excused from performing its obligations under this Agreement if its performance is delayed or prevented by any event beyond such Party’s reasonable control, including, but not limited to, acts of God, earthquake, fire, explosion, weather, disease, war, insurrection, civil strife, riots, government actions or power failure, provided that such performance shall be excused only to the extent of and during such disability. aa. Severability. In the event any portion of this Agreement or any amendments, addenda or attachments hereto shall be held illegal, void or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the terms or conditions of this Agreement is in conflict with any applicable statute or rule of law, then such term or condition shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform to such statute or rule of law. bb. Counterparts. This Agreement may be executed in two or more counterparts, each of which is deemed an original, but all of which taken together shall constitute one and the same instrument. 10.b Packet Pg. 439 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) [Signature Page Follows] 10.b Packet Pg. 440 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) The Parties have executed this Agreement as of the date first written above. SAN MANUEL BAND OF MISSION CITY OF SAN BERNARDINO By: By: Name:__________________ Robert Field Title:___________________ City Manager Tom Donohue, CFO 10.b Packet Pg. 441 Attachment: Attachment 2 San Manuel Grant Agreement (8960 : Animal Services Grant Funding Allocation (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Approve Vendor for Closed Captioning Software (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify the approval of the vendor, Municipal Captioning, Inc., approved to provide English closed captioning software for viewers of all programming aired through the City’s cable channel, as approved at the May 4, 2022, Mayor and City Council meeting. Background At the May 4, 2022, Mayor and City Council Meeting, the Mayor and City Council approved the one-time purchase of English closed captioning software for cable channel meeting viewers, as part of the Mayor and City Council’s request for English Captioning and Spanish Interpretation Services. Discussion After the May 4, 2022, meeting, staff realized that the name of the closed captioning vendor was inadvertently omitted from the staff report. The vendor chosen to provide English closed captioning services to cable channel viewers for all C ity of San Bernardino meetings and programming aired through our cable channel is Municipal Captioning, Inc. The full staff report from the May 4 meeting is attached, which provides all necessary support for the purchase. 2021-2025 Key Strategic Targets and Goals Ratifying the approval of the vendor providing English closed captioning software for cable channel viewers of Mayor and City Council meetings aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan, to allow a larger portion of City of San Bernardino citizens an opportunity to participate in city business, increasing accessibility and transparency. Fiscal Impact There is no fiscal impact for this item, as it was already approved at the May 4, 2022, Mayor and City Council Meeting and budgeted for Fiscal Year 21/22. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, 11 Packet Pg. 442 8969 Page 2 California ratify the approval of the vendor, Municipal Captioning, Inc., approved to provide English closed captioning software for viewers of all programming aired through the City’s cable channel, as approved at the May 4, 2022, Mayor and City Council meeting. Attachments Attachment 1 May 4, 2022, Staff Report for Spanish Interpretation Services, Equipment, and Closed Captioning Software Ward: All Synopsis of Previous Council Actions: May 4, 2022 The Mayor and City Council approved Spanish Interpretation Services, Equipment, and Closed Captioning Software . 11 Packet Pg. 443 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 4, 2022 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Approval of Spanish Interpretation Services, Equipment, and Closed Captioning Software (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Professional Services Agreement with Cal Interpreting Services, Inc., for Spanish interpretation and translation services through January 21, 2024 in an amount not to exceed $30,000.00 annually. 2. Approve the one-time purchase of interpretation equipment and headsets for $16,293.80, in lieu of television monitors outside of Council Chambers. 3. Approve the one-time purchase of English closed captioning software for cable channel viewers in the amount of $54,625.00. Background At the February 3, 2021, Mayor and City Council Meeting, Council Member Reynoso requested that staff bring back options for City Council consideration to allow for interpretation services in Spanish, Vietnamese, and American Sign Language (ASL) at Mayor and City Council meetings. On April 21, 2021, staff returned to the Mayor and City Council with three options for consideration of multiple language interpretation services. Council then directed staff to return with the cost and feasibility of (1) Spanish interpretation services for the Mayor and City Council meetings; (2) Acquiring television s for the lobby for Spanish interpretation and captioning, and (3) English closed captioning for web and cable viewers. Discussion Staff took direction to determine the feasibility and cost of the three items requested by the Mayor and City Council. Staff released a Request for Proposals (RFP) for Spanish interpretation and translation services, reviewed the possible use of television monitors in the lobby of the council chambers to televise Spanish interpretation at Mayor and City Council meetings, and researched options for English closed captioning for live stream 11.a Packet Pg. 444 Attachment: Attachment 1 - May 4, 2022 Staff Report (8969 : Approve Vendor for Closed Captioning Software (All Wards)) 8733 Page 2 and cable viewers. Simultaneous Spanish Interpretation The Request for Proposals (RFP) for Spanish interpretation and translation services was released in July 2021. Eighteen (18) responses were received, and the fourteen (14) responses that met the minimum qualifications set forth in the RFP were reviewed by staff in October 2021. The review was based on the qualifications of the firm, quality of references, background and experience of the proposed staff, scope of work, and cost. Cal Interpreting Services, Inc., was chosen as the best vendor for the City of San Bernardino based on this analysis. The service provided by this vendor will allow the city to have on -site simultaneous Spanish interpretation for public comments and open session of all regular Mayor and City Council meetings. The cost for interpreters is charged at an hourly rate. Two interpreters will be required due to the duration of time of each meeting. The annual cost will vary and is as follows: Two interpreters = $160 per hour ($80 per interpreter) Regular meeting = approximately 5 hours $160 X 5 hours = approximately $800 per meeting Interpreters will be scheduled for approximately 24 regular meetings per year: $800 X 24 meetings = approximately $19,200 per year 11.a Packet Pg. 445 Attachment: Attachment 1 - May 4, 2022 Staff Report (8969 : Approve Vendor for Closed Captioning Software (All Wards)) 8733 Page 3 Television Monitors The Mayor and City Council requested options for the installation of television monitors in the lobby area of the Council Chambers to televise Spanish interpretation and closed captioning of Mayor and City Council meetings. As an alternative to television monitors, staff is recommending the purchase of interpretation equipment and individual listening headsets. The headsets would allow for inclusion of all citizens in the discussions of city business. Citizens utilizing the devices would be seated in the Council Chambers. The headsets will allow them to follow along with the Spanish interpreters and participate, in-person and in real-time at the meeting. The purchase of the interpretation equipment would also allow for the interpreted meeting to be live streamed via a remote platform. The Spanish live stream would provide the Spanish-speaking home audience an opportunity to view the meeting and follow the discussion of city business as it is happening. Staff released a quick bid for the interpretation equipment, including 20 headsets, and received three (3) responses. It was determined that EIDIM Group, Inc. was the lowest responsive bidder of the following bids: EIDIM $16,293.80 Lexicon $16,681.75 Cal Interpreting $19,249.00 Accordingly, the cost for the equipment and headsets will be a one -time expense of $16,293.80. English Closed Captioning for English Live Stream Viewers As part of our agreement with PrimeGov, the City’s new agenda management software being implemented in July 2022, the English live stream of the Mayor and City Council meetings includes a closed captioning service. This cloud-based automated live closed captioning feature, powered by YouTube, offers greater accessibility and transparency for constituents. Utilization of this service avoids having to contract with an outside vendor, which provides cost savings to the city. English Closed Captioning for Cable Viewers Inland Empire Media Group (IEMG) assisted staff in finding a vendor to provide closed captioning services to cable channel viewers, as requested by the Mayor and City Council. This service would allow for the hearing -impaired audience to view real-time closed captioning not only of the Mayor and City Council Meetings, but all other city meetings and programming aired through our cable channel, with an option for in -Zoom Application Programming Interface (API). IEMG staff obtained quotes for the English closed cap tioning system and has determined the cost of the equipment will be a one -time expense of $54,625.00. The system selected integrates into the current on-air playback system and the vendor 11.a Packet Pg. 446 Attachment: Attachment 1 - May 4, 2022 Staff Report (8969 : Approve Vendor for Closed Captioning Software (All Wards)) 8733 Page 4 selected by IEMG is the only company that provides this service. Approval of this purchase and procurement process is also consistent with Section 3.04.010 B(3) of the City’s Municipal Code (Approval By Mayor and City Council). 2021-2025 Key Strategic Targets and Goals Approval of Spanish Interpretation Services and Equipm ent and Closed Captioning Software aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan, to allow a larger portion of City of San Bernardino citizens an opportunity to participa te in city business, increasing accessibility and transparency. Fiscal Impact The total cost of live Spanish interpretation services may vary depending on the number and duration of Mayor and City Council meetings per year. The approximate yearly cost for simultaneous Spanish interpreting for Mayor and City Council meetings is $19,200, not to exceed $30,000. The one-time expense for interpretation equipment and individual headsets is $16,293.80. The one-time expense for the English captioning system for cable viewers is $54,625.00. Total one-time expenditures total $70,918.80. The cost of interpretation services from Cal-Interpreting Services, Inc. and the interpretation equipment will be paid from the City Clerk’s budget. The funds were budgeted for FY 21-22. The costs for the English captioning will be paid from IEMG’s budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Professional Services Agre ement with Cal Interpreting Services, Inc., for Spanish interpretation and translation services through January 31, 2024 in an amount not to exceed $30,000.00 annually. 2. Approve the one-time purchase of interpretation equipment and headsets for $16,293.80, in lieu of television monitors outside of Council Chambers. 3. Approve the one-time purchase of English closed captioning software for cable channel viewers in the amount of $54,625.00. Attachments Attachment 1 Professional Agreement with Cal Interpreting Services Inc. Ward: All Synopsis of Previous Council Actions: 11.a Packet Pg. 447 Attachment: Attachment 1 - May 4, 2022 Staff Report (8969 : Approve Vendor for Closed Captioning Software (All Wards)) 8733 Page 5 February 3, 2021 The Mayor and City Council requested that staff bring back options for City Council consideration to allow for interpretation services in Spanish, Vietnamese, and American Sign Language (ASL) at Mayor and City Council meetings. April 21, 2021 The Mayor and City Council directed staff to bring back a report outlining the feasibility and costs to provide English closed captions for viewers at home, Spanish interpretation voice-over, and televisions near the council chambers for English captions and Spanish interpretation. 11.a Packet Pg. 448 Attachment: Attachment 1 - May 4, 2022 Staff Report (8969 : Approve Vendor for Closed Captioning Software (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Adopt Ordinance No. MC-1578 (Amending Chapter 8.60 Sections and Adding Section 8.60.170) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1578, amending various sections of Chapter 8.60 and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. Background The City of San Bernardino is a foothill community, which makes it, and the surrounding unincorporated areas, more susceptible to wildfires. This is one of the reasons ille gal fireworks continue to be a concern for residents, and enforcement continues to be a top priority for the San Bernardino Police Department and the San Bernardino County Fire Protection District. Illegal fireworks not only increase the risk of fires but also result in injuries to persons and damage to properties. There have been two major incidents in Southern California recently, as a result of storing dangerous fireworks illegally, that have prompted cities to reevaluate their municipal code regarding the licensing, sale, use, and storage of fireworks. The first incident was on March 16, 2021, in Ontario, and resulted in the death of two people and over $3 million in property damage to 40 homes. The second incident was in Los Angeles, which occurred on June 30, 2021, and left 17 residents and first responders injured, damaged 22 homes, and destroyed an LAPD bomb squad truck. On May 4, 2022, the Mayor and City Council introduced, read by title, and waived further reading of Ordinance No. MC-1578. A summary of Ordinance No. MC-1578 has since been published in accordance with the California Government Code. Ordinance No. MC-1578 may now be adopted by the Mayor and City Council. Discussion Chapter 8.60 of the San Bernardino Municipal Code (SBMC) regulat es fireworks sales and designates certain restrictions on the discharge of fireworks. After reviewing Chapter 8.60 of the SBMC, staff recommend that the current SBMC be amended to include: 12 Packet Pg. 449 8953 Page 2 1. Additional language about the use, possession, and storage of fireworks; 2. Additional requirements to obtain a license to sell fireworks; and 3. A new section that specifically addresses fireworks storage in residential areas in the City. The proposed additions below, if adopted, will bring the City’s Fireworks Chapter of the SBMC in line with California law and make it more effective for Police, Fire, and Code Enforcement to enforce. Use, Storage, and Possession Under the current provisions of the SBMC, fireworks designated as “safe and sane” can be sold, with a valid permit, in all areas south of the 210 Freeway within San Bernardino city limits between the hours of 12:00pm on July 1st to 12:00am on July 4th. Additionally, this is the only time during the year that safe and sane fireworks are allowed to be use d in the City as all fireworks, even safe and sane, are illegal before July 1 st and after July 4th. However, staff believe this is not clear enough in the current SBMC. Restrictions on fireworks use and possession are only referenced in a few sections of the Municipal Code while residential storage of fireworks is not referenced at all. Adding additional language throughout the Chapter 8.60 of the SBMC will make the subsections more consistent, which will make the overall chapter easier understand. Licensing & Operation Requirements Requiring applicants to provide the City with a current 501(c) (3), (4), (5), (6), (8), (10), (19), (20), or 501(d) verification of nonprofit status will improve authentication of applications and ensure that only nonprofits with a current nonprofit designation receive a license to sell fireworks. Additionally, requiring the supervisor(s) or manager(s) to be listed on the license and to be present at temporary fireworks stands during operating hours while fireworks are stored and sold, will ensure greater compliance with the requirements in Section 8.60.070. Law enforcement would also have greater ability to track down the responsible party and hold them accountable should any violations occur. Table 1 below includes the sections of 8.60 that have proposed changes and the impact, if any, the changes would have on residents. Table 2 below includes the proposed new section to Chapter 8.60 and the staff reasoning for the addition. TABLE 1 Changes to Existing Sections Type of Change Impact on Residents Section 8.60.010; Section 8.60.070 Subsection Additional language on the use, storage, and possession of fireworks Residents and visitors will have more specificity regarding what is unlawful within the City. This will hopefully protect residents from tragic scenarios like the explosions that occurred from dangerous fireworks being stored illegally in the cities of Los Angeles and 12 Packet Pg. 450 8953 Page 3 P; and Section 8.60.130 Ontario. Section 8.60.030: Subsection D Section 8.60.070 License and operation requirements Section 8.60.030: Subsection D - No direct impact on residents. This minor change will ensure the City is only issuing permits to organizations with a current nonprofit designation status. Section 8.60.070 - Requiring that the designated supervisor or manager be listed on the license and be the person present at the fireworks stand, at all times, while the fireworks are stored and sold creates greater accountability and will hopefully lead to less unlawful activity (i.e., selling to minors). If unlawful activity occurs, the person(s) on the permit will be held responsible and subject to penalties from law enforcement. This will better protect residents and ensure fireworks are sold lawfully in the City. TABLE 2 Proposed New Section Staff Reasoning for Addition Section 8.60.170 Residential Storage of Fireworks The SBMC will be more consistent with the California Health and Safety Code with the addition of this section. More importantly, law enforcement will now be able to cite the SBMC for storage violations and issue Administrative Civil Penalties for storage violations. 2021-2025 Strategic Targets and Goals The adoption of the amendments to Chapter 8.60 of the SBMC aligns with Key Target No. 3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact The consideration of an Ordinance amending Chapter 8.60 of the SBMC has little to no fiscal impact on the General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1578, amending various sections of Chapter 8.60, and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. Attachments Attachment 1 Ordinance No. MC-1578 Ward: All 12 Packet Pg. 451 8953 Page 4 Synopsis of Previous Council Actions: March 16, 2022 Mayor and City Council voted to bring forward an item addressing firework storage and usage within the City of San Bernardino. May 4, 2022 Mayor and City Council held a public hearing and introduced Ordinance No. MC-1578, amending various sections of Chapter 8.60, and adding section 8.60.170 to Chapter 8.60 of the San Bernardino Municipal Code relating to fireworks. 12 Packet Pg. 452 Ordinance No. MC-1578 ORDINANCE MC-1578 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING VARIOUS SECTIONS OF CHAPTER 8.60 AND ADDING SECTION 8.60.170 TO CHAPTER 8.60 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO FIREWORKS WHEREAS, on March 22, 2019, Governor Newson declared a Proclamation of a State of Emergency (Executive Order N-05-19) due to the drought conditions that still persist until the present day; and WHEREAS, at its March 16, 2022, meeting the City Council requested staff to bring forward an item addressing firework storage and usage within the City of San Bernardino; and WHEREAS, the advantages of the City’s residents to purchase and store any type of fireworks, before and during the 4th of July holiday, and store them afterwards in their residences, garages, or out-buildings do not outweigh the safety of the City’s neighborhoods in the City and in mountain communities; and WHEREAS, the State Fireworks Law (Health & Safety Code, § 12500 et seq.), provides that local agencies may regulate the sale, use, or discharge of fireworks; and WHEREAS, two recent major incidents, in the cities of Los Angeles and Ontario, involving possession and storage of illegal fireworks, which both involved extremely large caches of fireworks stored at residences have led the City Council to regulate the possession and storage of fireworks; and WHEREAS, at present, Chapter 8.60 of the City’s Municipal Code does not address residential storage of fireworks; and WHEREAS, the City now wishes to add a section specifically addressing residential storage of fireworks to Chapter 8.60; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The opening paragraph of Section 8.60.010 of the San Bernardino Municipal Code is hereby amended to read as follows: “Safe and Sane fireworks as defined in Section 12529 of the Health and Safety Code of the state may be sold, stored, possessed, and discharged within the City 12.a Packet Pg. 453 Attachment: Attachment 1 - Ordinance MC-1578 Amending Various Sections of Chapter 8.60 and Adding Section 8.60.170 (All Wards) (8953 : Ordinance No. MC-1578 subject to the requirements of this Chapter, except that such sale, storage, possession, or discharge shall not be allowed in the areas depicted on a map entitled “Location of Sales and Discharge of Fireworks” on file in the City Clerk’s Office and incorporated herein by reference, a reduced copy of which is attached to this Chapter. Such areas are designated as follows:” SECTION 3. Subsection D of Section 8.60.030 of the San Bernardino Municipal Code is hereby amended to read as follows: “D. Include a copy of applicant’s current 501(c)(3), (4), (5), (6), (8), (10), (19), (20), or 501(d) verification of nonprofit status, or demonstrate that it is a non-profit organization, group, association, etc., which is organized primarily for veteran, patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates), or charitable purposes.” SECTION 4. The opening paragraph of Section 8.60.070 of the San Bernardino Municipal Code is hereby amended to read as follows: “The license entity, the person(s) who signs the application for the license, and the supervisor or manager on the license present in charge of each fireworks stand shall comply and ensure compliance with the following:” SECTION 5. Subsection O of Section 8.60.070 of the San Bernardino Municipal Code is hereby amended to read as follows: “O Each stand shall have a person present and designated as supervisor or manager in charge thereof at all times, who is listed on the license, while fireworks are stored or sold therein. Sleeping or remaining in the stand after close of business each day is forbidden.” SECTION 6. Subsection P of Section 8.60.070 of the San Bernardino Municipal Code is hereby amended to read as follows: “P. The sale, use, storage, or possession of fireworks shall not begin before twelve noon on the 1st day of July and shall not continue after midnight on the 4th day of July.” SECTION 7. Subsection A of Section 8.60.130 of the San Bernardino Municipal Code is hereby amended to read as follows: “A. It is unlawful for any person, organization, group, association, etc., to sell, use, store, or possess any fireworks except during the time period specified in Subsection P of Section 8.60.070.” 12.a Packet Pg. 454 Attachment: Attachment 1 - Ordinance MC-1578 Amending Various Sections of Chapter 8.60 and Adding Section 8.60.170 (All Wards) (8953 : Ordinance No. MC-1578 SECTION 8. Subsection B of Section 8.60.130 of the San Bernardino Municipal Code is hereby amended to read as follows: “B. It is unlawful for any person, organization, group, association, etc., to sell, use, store, or possess any fireworks at any time in any of the areas described in Section 8.60.010.” SECTION 9. Subsection C of Section 8.60.130 of the San Bernardino Municipal Code is hereby amended to read as follows: “C. It is unlawful for any person, organization, group, association, etc., to store, possess, ignite, explode, project or otherwise fire or use, any fireworks, or permit the ignition, explosion, or projection thereof, except during the period specified in Subsection P of Section 8.60.070.” SECTION 10. Section 8.60.170 to the San Bernardino Municipal Code is hereby added to read as follows: “8.60.170 Residential Storage of Fireworks It is unlawful for any person or persons to store any fireworks inside a residence, garage, or structure on residential property in the City.” SECTION 11. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 13. CEQA. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 14. Certification. 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. 12.a Packet Pg. 455 Attachment: Attachment 1 - Ordinance MC-1578 Amending Various Sections of Chapter 8.60 and Adding Section 8.60.170 (All Wards) (8953 : Ordinance No. MC-1578 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 12.a Packet Pg. 456 Attachment: Attachment 1 - Ordinance MC-1578 Amending Various Sections of Chapter 8.60 and Adding Section 8.60.170 (All Wards) (8953 : Ordinance No. MC-1578 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1578, introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the 4th day of May 2022. Ordinance No. MC-1578 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 12.a Packet Pg. 457 Attachment: Attachment 1 - Ordinance MC-1578 Amending Various Sections of Chapter 8.60 and Adding Section 8.60.170 (All Wards) (8953 : Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Agreement with San Bernardino International Airport Authority (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Law Enforcement Services. Background On May 16, 2018, the Mayor and City Council authorized a five (5) year Service Agreement between the City of San Bernardino (City) and the San Bernardino International Airport Authority (SBIAA) for Police Services (2018-2023 Service Agreement). The 2018-2023 Service Agreement provides for eight (8) sworn officers to be assigned to the San Bernardino International Airport (SBIA) and one (1) sworn member of San Bernardino Police Department Executive Staff to serve as a liaison to the SBIAA. The terms of the 2018-2023 Service Agreement are set to expire on June 30, 2023. On March 8, 2022, SBIAA announced the commencement of air passenger services, in partnership with Breeze Airways, starting August 4th, 2022. As a result of these new air services, additional Law Enforcement Personnel are required to meet the mandatory security obligations outlined by the Transportation Security Administration (TSA). The San Bernardino Police Department (SBPD) has both experience and expertise in providing law enforcement support of Airport operations, where it has provided police services to SBIA for many years. The City is willing and able to provide the additional law enforcement services for SBIAA at rates that cover the actual cost of providing these services. Discussion The proposed Law Enforcement Services Agreement (2022 Service Agreement), which has an effective date of May 18, 2022, and lasts for a term of 180 days, is an interim agreement between the City and SBIAA until a longer-term deal can be reached. The 2022 Service Agreement identifies services from the Police Department as follows: 13 Packet Pg. 458 8959 Page 2 • SBIAA shall pay for all actual expenses for City services provided during the term of the Service Agreement. • SBIAA shall pay 100% of the actual fully burdened costs for two (2) Police Officers who will be assigned to the Airport. The fully burdened costs include PERS, healthcare, Medicare, workers’ compensation, certification pay, and all other costs associated with employing a law enforcement officer. This provision applies to both straight-time salary rates and overtime rates. • SBIAA shall continue to pay 25% of the fully burdened rate of a Police Captain salary as an administrative fee for professional admini strative services provided by the City and SBPD to SBIAA. This is in accordance with the terms of the 2018 -2023 Service Agreement. • SBIAA will reimburse the City for the utilization of two marked SBPD patrol vehicles at a rate of $625.00 per vehicle per month. The vehicle fees serve as reimbursement for the costs associated with the purchase of vehicles, vehicle equipment, vehicle maintenance, and fuel. The City will retain full ownership of the vehicles. Since this is a short-term agreement that will be immediately effective, current officers will be assigned on an overtime basis outside of their forty-hour work week. A long-term agreement will require SBIAA to fund two additional positions for the SBPD. There will be no impact to routine Police operations as a result of the 2022 Service Agreement. 2021-2025 Key Strategic Targets and Goals A Service Agreement with San Bernardino International Airport Authority to provide law enforcement services synthesizes with Key Target No.3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. Providing law enforcement services for SBIAA helps ensure the safety of City residents who are utilizing the new air passenger services at the airport. Fiscal Impact There is no fiscal impact as a result of this Service Agreement. Under the Agreement, SBIAA is reimbursing the City for the actual, fully burdened costs associated with providing law enforcement services. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Law Enforcement Services. Attachments Attachment 1 2022 Service Agreement with SBIAA 13 Packet Pg. 459 8959 Page 3 Ward: All Synopsis of Previous Council Actions: May 16, 2018 The Mayor and City Council adopted Resolution no. 2018-137, approving a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Police Services. May 20, 2013 The Mayor and City Council adopted Resolution no. 2013 -2475, approving a Master Services Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Police and Fire related services. August 20, 2012 The Mayor and City Council adopted Resolution No. 2012-220, authorizing the Mayor and Common Council to execute a Master Services Agreement between SBIAA and the City. 13 Packet Pg. 460 - 1 - SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY FOR LAW ENFORCEMENT SERVICES This SERVICE AGREEMENT (“Agreement”) is made and entered into this 18th day of May, 2022 by and between the SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY, a public entity established pursuant to Government Code Section 6500, et seq. for the joint exercise of powers (“SBIAA”), and the CITY OF SAN BERNARDINO, a charter city under the laws and Constitution of the State of California (“City”), effective May 18, 2022 (the “Effective Date”). SBIAA and City may hereafter be referred to individually as a “Party” or collectively as “Parties.” RECITALS A. The San Bernardino International Airport (“Airport”) is governed by the SBIAA and is located within the jurisdictional boundaries of the City of San Bernardino. B. The City, through the San Bernardino Police Department (“SBPD”), employs POST-certified sworn peace officers and is the provider of law enforcement and public safety services within the City of San Bernardino. C. SBIAA desires that the City provide SBIAA with law enforcement services at the Airport. D. SBPD has experience and unique expertise relating to public safety support at the Airport and has worked on public safety matters involving the Airport for many years. E. The Parties are authorized to enter into this Agreement pursuant to Sections 6502, 54981, and 55632 of California Government Code and the contractual provisions identified in Exhibit A. F. The City is willing and able to provide law enforcement services to SBIAA at rates designed to cover only the City’s actual costs associated with providing the services. NOW, THEREFORE, the Parties hereto agree as follows: 1. Recitals. The Recitals set forth above are true and correct. 2. Effective Date & Term. This Agreement shall commence upon execution (“Effective Date”) for a term of 180 days unless sooner terminated in accordance with the terms of this Agreement. 13.a Packet Pg. 461 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All - 2 - 3. Provision of Police Services. a. Police Officers. On the Effective Date, the City will assign two Police Officers to provide general law enforcement services to the Airport. The City will be the sole employer of the Police Officers, who shall work at the discretion of the Chief of Police or his or her designee. 4. Work Schedules. Two Police Officers shall be assigned to work at the airport during TSA operational hours as defined by operational need, with a combined total as up to 80- hours per week, or 40-hours per officer. 5. Future Staffing Needs. The Parties agree that the level of police services may need to be adjusted to accommodate changing law enforcement service needs (e.g., added Airport-based operations, higher rates of Airport calls for service, the addition of passenger flight service, etc.). The Parties agree to cooperate in good faith to adjust the staffing levels as needed. 6. Law Enforcement Services. All law enforcement services and operations will be conducted in accordance with State and Federal law, the City of San Bernardino Municipal Code, and the Policies and Procedures of the SBPD. 7. Jurisdiction. Except where otherwise required by law, SBPD personnel will have full jurisdictional authority for all matters related to law enforcement operations, criminal investigations, and other traditional police-related matters throughout the SBIAA Airport property. The City acknowledges the jurisdiction of the Air Operations Area (AOA) located within the airside of the SBIAA-owned property, along with certain portions of the Domestic and International Terminals which are explicitly excluded from SBPD’s jurisdictional authority and are collectively referenced herein as the “Federalized” portions of SBIAA-owned property. Within the Federalized portions of SBIAA property, SBPD will work closely with the Director of Aviation, Airport Operations staff, TSA, FBI, FAA, NTSB, federal agents, and other involved agencies during response to emergency or major incidents as a participant in SBIAA’s incident command structure in accordance with SBIAA’s FAA approved Airport Emergency Plan. 8. Cost for Services & Billing. a. Actual Expenses. The SBIAA shall pay for all actual expenses for City services provided during the term of this Agreement. b. Administrative Fee. The SBIAA shall continue to pay 25% of the fully- burdened rate (including PERS, healthcare, Medicare, workers’ comp, certification pay, and other costs associated with employing a law enforcement officer) of a Police Captain salary as an administrative fee for professional administrative services provided by the City and SBPD to the SBIAA in accordance with the terms of the 2018-2023 Service Agreement between the Parties. 13.a Packet Pg. 462 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All - 3 - c. Police Officers. On the Effective Date, the SBIAA agrees to pay 100% of the actual fully-burdened, straight time salary rate (including PERS, healthcare, Medicare, workers’ comp, certification pay, and other costs associated with employing a law enforcement officer) for the two Police Officers assigned to the Airport. The SBIAA shall pay fully-burdened overtime rates for any time worked by either Police Officer on an overtime basis. The reimbursement rate will be determined by police staffing availability and composition. d. Cost Increases. The SBIAA understands and agrees that the City is contractually obligated through a Memorandum of Understanding to pay salary and hourly pay increases to its Police Officers, and that those actual cost increases will be paid by the SBIAA for the City Police Officers assigned to the Airport. e. Billing. The City will invoice the SBIAA quarterly with detailed assigned officer staffing rates, with payment in full due net 30. 9. Special Events. The staffing model and associated costs outlined in this Agreement are for basic law enforcement services. If additional City personnel are required to work at the Airport for any special event, the SBIAA will pay the actual costs for such services at the fully-burdened overtime rate. Staffing City employees at such events will be upon mutual agreement of the Parties. 10. Training. Upon the effective date, no less than two assigned Police Officers will be required to complete industry specific training. The SBIAA will pay for all costs associated with required airport training for all assigned Police Officers, including local airport familiarization training (e.g., geographical access points, areas of responsibility, authority within Federal jurisdictions (Airport Operations Area), communication with the air traffic control tower, and familiarization and engagement with Airport management and security) and the POST Aviation Security course (Penal Code Section 832.1). Training costs include course tuition, hotel, mileage, and federal per diem rate. 11. Facilities, Equipment & Vehicles. a. The SBIAA shall provide Police Officers with access to common area space during assigned shifts, including a conference area, breakroom, kitchen, and non-public restroom facilities. b. The City will supply all police-related equipment and vehicles to assigned SBPD police officers, including radios and all safety gear. c. Each Police Officer assigned to the Airport will utilize a City-owned marked SBPD police patrol vehicle for use in their duties while assigned to the Airport. The SBIAA agrees to pay to the City $625.00 per vehicle per month for the two City-owned marked SBPD patrol vehicles to be utilized by Police Officers assigned to the Airport. The Parties agree and acknowledge that these vehicle fees serve as reimbursement to the City for the costs associated 13.a Packet Pg. 463 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All - 4 - with the purchase of vehicles, vehicle equipment (mobile computer, radio, safety equipment, etc.), vehicle maintenance, and fuel. The Parties further agree and acknowledge that the SBIAA will have no ownership, value, or other interest in any City-owned vehicle as a result of the vehicle payments to the City. 12. Indemnification. a. To the fullest extent permitted by law, the City agrees to indemnify and hold harmless the SBIAA and its authorized agents, officers, elected officials, volunteers, and employees against all claims or actions arising solely from the City’s intentional or negligent acts or omissions committed during the City’s performance of its obligations under this Agreement. Upon a finding of liability hereunder, the City shall pay all costs or expenses incurred by the SBIAA on account of such liability. b. The SBIAA agrees to indemnify and hold harmless the City and its authorized agents, officers, elected officials, volunteers, and employees against all claims or actions arising solely from the SBIAA’s intentional or negligent acts or omissions committed during the SBIAA’s performance under this Agreement. Upon a finding of liability hereunder, the SBIAA shall pay all costs or expenses incurred by the City on account of such liability. c. In the event the City and/or the SBIAA is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the City and/or the SBIAA shall indemnify the other to the extent of its comparative fault. d. The City is and will be an independent contractor at all times and in every respect and not the agent of the SBIAA. Nothing contained herein and no direction or notification from the SBIAA or the City shall be construed so as to create a partnership, joint venture or other relationship between the Parties. 13. Insurance. The City and the SBIAA shall each maintain adequate insurance, or self-insurance for the duration of this Agreement. 14. Termination. This agreement shall terminate 180 days after the Effective Date, unless terminated sooner by either Party upon three (3) months’ written notice. 15. Notice. Any notice to be given pursuant to this agreement by either party to the other shall be given by personal service or shall be deemed given when deposited with the United States Postal Service, first class, postage prepaid, and addressed as follows: To SBIAA: San Bernardino International Airport Authority Attn: Executive Director 1601 East Third Street 13.a Packet Pg. 464 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All - 5 - San Bernardino, CA 92408 To City: City of San Bernardino Attn: City Manager 290 North D Street San Bernardino, CA 92401 With copies to: City of San Bernardino Attn: City Attorney 290 North D Street San Bernardino, CA 92401 San Bernardino Police Department Attn: Chief of Police P.O. Box 1559 710 North D Street San Bernardino, CA 92402 Any party may change its address by a notice given to the other party in the manner set forth above. Any notice given personally shall be deemed to have been given upon service and any notice given by certified or registered mail shall be deemed to have been given on the third (3rd) business day after such notice is mailed. 16. Designated Representatives. The City’s City Manager and SBIAA’s Chief Executive Officer shall serve as the Parties’ Designated Representatives for the purposes of this Agreement. 17. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the SBIAA. 18. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 19. Equal Opportunity Employment. The SBIAA and City are equal opportunity employers and will not discriminate against any employee for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or 13.a Packet Pg. 465 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All - 6 - Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, promotion, demotion, transfer, recruitment, recruitment advertising, layoff or termination. 20. Entire Agreement. This Agreement, including any exhibits hereto and any incorporated documents, represents the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. This Agreement supersedes in their entirety any and all prior agreements between the SBIAA and the City for law enforcement and public safety services. 21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 22. Assignment. Neither party hereto shall assign, or otherwise transfer such party’s rights hereunder, or delegate such party’s duties hereunder, without the prior written consent of the other party hereto. 23. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 23. Time of Essence. Time is of the essence for each and every provision of this Agreement. 24. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 25. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 13.a Packet Pg. 466 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All - 7 - 26. Renegotiation of Agreement. The City and the SBIAA agree that needs may arise for which this Agreement is insufficient, and further agree that effective services are mutually beneficial. Therefore, any provision of this Agreement may be re-opened and renegotiated as the needs to resolve new issues arise. Any such revised provisions shall be finalized in writing and approved by the SBIAA and the City in accordance with each Agency’s approval procedures. 27. Governing Law. This Agreement shall be construed, interpreted, and applied in accordance with the laws of the State of California; venue shall be in San Bernardino County. 28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. This Agreement may be executed electronically. 29. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY _____________________________________ Michael Burrows, Chief Executive Officer _____________________________________ General Counsel CITY OF SAN BERNARDINO _____________________________________ Robert D. Field, City Manager _____________________________________ Genoveva Rocha, CMC, City Clerk _____________________________________ City Attorney 13.a Packet Pg. 467 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All EXHIBIT A STANDARD NONDISCRIMINATION AND AIRPORT OPERATIONAL AND DEVELOPMENT PROVISIONS FOR CONTRACTS 1. CONTRACTOR for himself/herself/itself and all heirs, personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract to which these Standard Nondiscrimination And Airport Development Provisions for Contracts are attached or made a part (hereinafter, the “Contract”), does hereby covenant and agree as a covenant running with the land, or otherwise operated on the said property described in the Contract for a purpose for which a United States Department of Transportation (“DOT”) program or activity is extended or for another purpose involving the provision of similar services or benefits, CONTRACTOR shall operate such facilities and services in compliance with all requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 2. CONTRACTOR for himself/herself/itself and all personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, and (3) that CONTRACTOR shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 3. CONTRACTOR for himself/herself/itself and all personal representatives, successors in interest, and assigns, as a part of the consideration for the Contract, does hereby covenant and agree as a covenant running with the land that in the event of breach of any of the above nondiscrimination covenants, SBIAA shall have the right to terminate the Contract and to reenter and repossess said land and the facilities thereon, and hold the same as if said Contract had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights. 13.a Packet Pg. 468 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All 4. CONTRACTOR shall furnish all accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that CONTRACTOR may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers. 5. Non-compliance with Provision 4 above shall constitute a material breach of the Contract and in the event of such non-compliance SBIAA shall have the right to terminate the Contract and the estate thereby created without liability therefore or at the election of SBIAA or the United States either or both said governments shall have the right to judicially enforce these provisions. 6. CONTRACTOR agrees that CONTRACTOR shall insert the above five provisions in any agreement or other contract by which CONTRACTOR grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises. 7. CONTRACTOR assures that CONTRACTOR will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. CONTRACTOR assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. CONTRACTOR assures that CONTRACTOR will require that CONTRACTOR’s covered sub - organizations provide assurances to CONTRACTOR that they similarly will undertake affirmative action programs and that they will require assurances from their sub- organizations, as required by 14 CFR 152, Subpart E, to the same effect. 8. SBIAA reserves the right to further develop or improve the landing area of the San Bernardino International Airport (the “Airport”) as SBIAA sees fit, regardless of the desires or view of CONTRACTOR and without interference or hindrance. 9. SBIAA reserves the right, but shall not be obligated to CONTRACTOR to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of CONTRACTOR in this regard. 10. This Contract shall be subordinate to the provisions and requirements of any existing or future agreement between SBIAA and the United States, relative to the development, operation or maintenance of the Airport, including SBIAA’s federal grant assurance obligations as promulgated by the FAA. 11. There is hereby reserved to SBIAA, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation of the Airport. 13.a Packet Pg. 469 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All 12. CONTRACTOR agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. 13. CONTRACTOR by accepting the Contract expressly agrees for himself/herself/itself and all successors and assigns that CONTRACTOR will not erect nor Contract the erection of any structure or object, nor Contract the growth of any tree on the Premises which would exceed the height limits of Part 77 of the Federal Aviation Regulations, except as specifically shown on construction plans approved in writing by SBIAA following any applicable Federal Aviation Administration review. In the event the aforesaid covenants are breached, SBIAA reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of CONTRACTOR. 14. CONTRACTOR by accepting the Contract expressly agrees for himself/herself/itself and all successors and assigns that CONTRACTOR will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, SBIAA reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of CONTRACTOR. 15. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a). 16. The Contract and all the provisions thereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency. 13.a Packet Pg. 470 Attachment: 2022Attachment 1 2022 Service Agreement with SBIAA (8959 : Agreement with San Bernardino International Airport Authority (All Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Accept 2021 Californians for All Youth Workforce Development Program Grant (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to accept and administer the 2021 CaliforniansForAll Youth Workforce Development Program G rant in the amount of $4,169,142 for the grant period July 1, 2022 through June 30, 2024; and authorize the Director of Finance to amend the Fiscal Year 2021/22 Adopted Budget appropriating $4,169,142 in both revenue and expenditures. Background The CaliforniansForAll Youth Workforce Program (CYWP) is Governor led initiative administered by California Volunteers designed to partner with public agencies across California. The program is intended to increase youth employment, develop youth interest in and experience towards a career, and strengthen city capacity to address key areas of climate, food insecurity, and local COVID-19 recovery. $150 million was distributed to the 13 largest cities in California and $35 million was made available through a competitive grant process to other agencies in California. The City submitted a proposal for the grant on February 15, 2022. On April 15, 2022, the City was notified that it was approved for $4,169,142 grant funding to fully fund 17 full-time and 50 part-time positions in Parks, Animal Services, Library, Police, and local community-based organizations (CBOs). Discussion The goals of the CYWP are to increase youth employment, develop career pathways, and strengthen local capacity to address key areas of food inse curity, climate, and COVID-19 recovery. The CYWP grant provides full funding for both full and part -time positions for applicants between the ages of 16 and 30 years of age. COVID-19 has significantly impacted many cities and organizations’ ability to recruit, hire, and retain qualified staff. Therefore, the City sought the CYWP grant as a resource to hire local youth and early career individuals into an entry-level pathway that would provide them with the experience and skills to develop into potential long-term public employees serving San Bernardino or a nearby public agency. The contract term is July 14 Packet Pg. 471 8980 Page 2 1, 2022, to June 30, 2024. All positions funded through the CYWP grant will be two -year positions that will conclude upon depletion of grant funding. The intent is to recruit and train personnel in entry-level positions that could eventually qualify them to advance to permanent positions within the City. For example, the Police Department has successfully utilized positions with progressing responsibili ty as a pathway to employment as a police officer. Officers have begun their careers as Explorers, progressed to Cadets or Apprentices, and then to Community Service Officers before attending the academy and becoming a Police Officers. Grant funding will pay for the salaries and associated benefits for 58 positions within City Departments. Additionally, funding has also been approved to pay for 50% of a grant manager’s salary for two years and provide funding to community -based organizations (CBOs) to pay salaries for eight part-time positions for two years. The City will develop an application/proposal and review process within the parameters of the grant to determine which CBOs would be funded. 2021-2025 Strategic Targets and Goals The request to authorize the receipt, obligation, and expenditure of the 2021 CaliforniansForAll Youth Workforce Development Program Grant aligns with Goal No. 1. Improved Operational and Financial Capacity: Implement, maintain, and update a fiscal accountability plan. Fiscal Impact The financial impact to the City is $4,169,142 in both revenues and expenditures in the FY2021/22 Adopted Budget. There are no fund match requirements under this grant. The funds will be allocated to each Department as indicated in the table be low and will be appropriated for fiscal years 2022/2023 and 2023/2024 in the biannual budget 14 Packet Pg. 472 8980 Page 3 adoption process. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to accept and administer the 2021 CaliforniansForAll Youth Workforce Development Program Grant in the amount of $4,169,142 for the grant period July 1, 2022 through June 30, 2024; and authorize the Director of Finance to amend the Fiscal Year 2021/22 Adopted Budget appropriating $4,169,142 in both revenue and expenditures. Attachments Attachment 1 Award Letter Attachment 2 JB2013 Contract Ward: All 14 Packet Pg. 473 #CALIFORNIAFORALL CaliforniaVolunteers.CA.GOV Office of the Governor Khydeeja Alam California Volunteers, Office of the Governor 1400 10th St, Sacramento CA April 15, 2022 Jeff Kraus City of San Bernardino Jeff, Thank you for submitting your application for the #CaliforniansForAll Youth Jobs Corps on behalf of the City of San Bernardino. This letter is to confirm that your application was approved and that California Volunteers intends to award the City $4,169,142.00 to implement the program with funding availability beginning upon the signing of a contract between the City and California Volunteers and ending no later than June 30th, 2024. Our office looks forward to working with you. Deadline for contract execution submission is May 22, 2022. Please feel free to contact me if you have any questions. Sincerely, Khydeeja Alam External and Legislative Affairs Director, California Volunteers 14.a Packet Pg. 474 Attachment: Attachment 1 - Award Letter (8980 : Accept 2021 Californians for All Youth Workforce Development Program Grant (All Wards)) 2. The term of this Agreement is: 14.b Packet Pg. 475 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program Application The City of San Bernardino, a proud but under-resourced city of over 220,000 residents, fights for the social and economic well-being of its residents every day. Underrepresented minorities compose over 75% of San Bernardino’s population. By State and regional standards, the city has been disproportionately impacted by the COVID-19 pandemic, not only through public health, but housing, education, employment, and crime as well. California community college enrollments are down 15%, with the local community college, San Bernardino Valley College, experiencing a decline in enrollment between 20%-25%, primarily due to the adverse impact that the COVID-19 pandemic has had on the San Bernardino community. This educational conduit is the primary means that many members of African American, Hispanic/Latinx, Native American and financially challenged communities climb out of poverty and get on a pathway to socio-economic success. The COVID-19 pandemic has also exacerbated many of the critical aspects of survival for these same communities, including housing insecurity and their ability to obtain affordable housing, as noted by the UCLA Luskin Institute of Inequality and Democracy. Food insecurity, “food deserts,” homelessness and limited access to career and educational pathways plague the youngest and most vulnerable teens and adults in these communities. San Bernardino is applying for the CaliforniansForAll Youth Workforce Development Program grant to address community impacts from COVID-19, change the community narrative, and provide a training pipeline and workforce opportunities for young residents seeking careers in public service. SECTION 1: PROGRAM GOAL The City of San Bernardino is an underserved community with many challenges that deter youth employment and opportunities for developing work experience. The data below is from a five- year Census comparative profile between 2015 to 2019 that indicates the city falls far below the State and County on many metrics that would promote successful youth development. California San Bernardino County City of San Bernardino Did Not Complete High School 16.7% 20.1% 30.5% Percentage Unemployed 36.3% 39% 40.6% Percentage in Poverty 13.4% 16% 26% Median Household Income $75,235 $63,362 $45,834 City of San Bernardino #JP201314.b Packet Pg. 476 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program San Bernardino will meet the program goals by recruiting youth between sixteen and thirty years old for positions in the city that offer rewarding pathways and training for future employment beyond the grant period, as well as provide valuable service to help address ongoing impacts from the Covid-19 pandemic and the recovery efforts. The city is requesting $4,169,142.00 in grant funding to support the efforts to recruit, train, and develop high need local youth. Positions will be filled by four city departments: Library, Parks and Recreation, Animal Services and Police. Leadership from each department, along with the city Human Resources and Finance departments have identified additional need and capacity for entry level positions which will provide training, experience, a defined career path, and meet the criteria listed in the grant application. These areas of youth employment and public service will also strengthen the San Bernardino’s capacity to address key areas of COVID-19 recovery, education, and food insecurity. Finally, this program aligns with the following City of San Bernardino’s 2021-2025 Strategic Goals: Strategic Priority 1- Financial Stability Continuing efforts in grant research for community impact. Strategic Priority 2- Focused, Aligned Leadership and Unified Community 2.a Develop and implement a community engagement plan. 2.b Build a culture that attracts, retains, and motivates the highest quality talent . Strategic Priority 3- Improved Quality of Life 3.a Reduce the burden of homelessness through engagement, collaboration, and alignment with other entities. 3.b Develop a customer service initiative. 3.c Constantly evaluate public safety delivery models to enhance quality of service . SECTION 2: PROGRAM DESIGN The allocated funds for staffing will be addressing several focused areas identified by CaliforniaVolunteers including local COVID-19 recovery, increasing youth employment, and developing career pathways in the City of San Bernardino. By increasing our staff levels in the four identified city departments, San Bernardino will better be able to move forward with community outreach, public safety, education, and vital programs and services. As a result of the pandemic and ongoing continued emergence from the city’s 2012 bankruptcy, San Bernardino has dedicated its resources to providing basic needed services with bare bones staffing levels. and the need and demand for additional programs and services is great. Funding for this grant would provide the city of San Bernardino resources that would allow the four departments to revitalize service levels, regain public trust, and develop a youth workforce with a potential local employment pool seeking a career of public service. The positions requested are strong introductions to the world of public service. The following is a staff plan identified for the four departments: The City’s focus for youth employment will be COVID-19 recovery, as well as working with CBO’s to address food insecurity and homeless services. The city has seen an increased demand for food delivery, preparation, and assistance from our unsheltered and aging populations. 14.b Packet Pg. 477 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program COVID-19 RECOVERY The Library Department will provide opportunities for program participants to develop, coordinate, and lead programs and activities that would engage employees with an interest to develop a background and skills in early childhood education, early literacy and teaching in addition to public library exposure. Remote learning and lockdowns during the pandemic, especially in low income and communities of color have delayed children’s educational and social growth. Expanding community-based education and enrichment programs and engagemen t will provide growth opportunities missed the past two years. The Parks, Recreation, and Community Services Department will provide both full and part-time entry level employment opportunities. The pandemic caused many valuable in-person programs offered by this department to be cancelled. Most programming is just beginning to resume. Youth and Teen afterschool programs have been proven to increase community engagement and decrease poor decision-making in the age groups 10-17. By providing effective and interactive programs, program participants would play a part in enhancing the safety of our community. Each full-time coordinator listed would provide support to supervisors and managers and direct, lead and motivate part time recreation leaders in services that reach all of San Bernardino. In addition, part-time positions provide the youth employed with valuable training and development to engage with the community, create positive interactions with youth throughout the city and engage youth, families, and seniors through events, programs, and services. Police Department will hire youth to fill entry level positions that will develop the skills necessary for a career in law enforcement. The pandemic accelerated officer retirements, delayed recruitments, and cancelled academies resulting in staffing shortages. At the same time, San Bernardino experienced an increased demand for police services and greater need for staffing increases. One of the most effective hiring pipelines in through police apprentice programs. Each assignment would prepare youth to understand the basic operations of the Police Department and familiarize them with tasks such as creation of police reports, routing of information throughout the department, performing customer service-related tasks, and basic investigative techniques. The youth employed in this position will be well positioned to transition into a career as a Police Officer or to advance into other investigative assignments. Note: None of the positions in the Police Department will place the program participant in any dangerous situations. Animal Services. During COVID, pets became even more important to the health and well-being of our residents. While many had to stay away from family members during the pandemic, we relied on our pets in our homes to comfort and entertain us. With the number of pets in homes increasing, the need for animal welfare professionals in private veterinary practice, non -profit and public animal shelters as well as other supporting professions, (grooming, pet day care centers, dog behaviorists, etc.) has grown significantly, especially in the Inland Empire. Currently, there are not enough professionals to keep up with demand, including veterinarians and registered veterinary technicians. Animal shelters and animal control agencies are a pathway into permanent, well-paying professions in the veterinary field. In shelter attendant positions, youth will learn about proper animal care and handling, disease prevention and disinfection as well as an introduction to animal body language and positive training techniques. As an ass istant to our 14.b Packet Pg. 478 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program Animal Control Officers, youth will learn about responsible pet ownership and what types of programs help reduce the number of animals coming to shelters. They will also learn customer service skills and how to help pet owners comply with City and State Ordinances. These key roles will provide valuable experiences for program participants to move forward in the industry or seek additional education to relieve the staffing shortages in the industry as well diversify professionals in animal welfare. CBOs, FOOD INSECURITY, AND HOMELESSNESS The City of San Bernardino looks to develop a plan for Community Based Organizations that have become allies in efforts to provide COVID-19 recovery to our city. Two areas that are of acute need are addressing food insecurity and homelessness. Both areas of concern have been exacerbated locally directly due to the pandemic, and indirectly, due to unemployment, affordable housing, healthcare, inflation, and mental health services. The City of San Bernardino would allocate $250,000 of granted monies to be provided to CBOs that have already provided partnerships and efforts in the enhancement of services to our underserved population. The funds would be selected through a screening process which seeks to understand their experience operating effectively during the pandemic, which will be a key indicator for a successful partnership with the City for this grant funded program. Several local non-profits have expressed interest in participating in the program including Family Services Association, who provide over 600 meals daily to city residents, as well as The Salvation Army, Mary’s Mercy Center, Step Up on 2nd Street, and Lutheran Social Services, who contract with the city for comprehensive homeless outreach and solutions. YOUTH EMPLOYMENT ACTIVITIES The City has worked with staff to identify the aforementioned positions that will increase youth employment, develop career pathways, provide experience for careers in public service, and strengthen City capacity to address key areas of COVID recovery, education, public safety, and food insecurity. Identified opportunities for the grant are based upon insights from the departments’ familiarity with services that will serve disproportionately impacted communities and the goals of the San Bernardino 2021-2025 Strategic Plan. The proposed start date for programming is July 1, 2022. SECTION 3: YOUTH RECRUITMENT/DEVELOPMENT San Bernardino will use traditional HR hiring methods in addition to host youth employment job fairs, community outreach, and an extensive marketing campaign on social media platforms. The city will offer program participants job readiness training, including quarterly workshops focused on leadership development and networking opportunities. There will be opportunities for case management to be offered if a participant is in need. The City’s Human Resources Department is committed to working with these youth participants to meet their needs as they arise with any necessary wrap around services. Services will be provided by City Departments in addition to external sources via webinars and in person trainings. 14.b Packet Pg. 479 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino CaliforniansForAll Youth Workforce Development Program The proposal envisions 58 full and part-time (50%) contract positions as well as 8 part-time CBO positions with a pay range from $15 to $27 per hour plus benefits. Administrative costs of $80,000 will be used to pay partial salary for a program coordinator. Program participants are anticipated to serve in their role for one to two years. Full-time employees will be paid based on the position’s salary and benefits outlined in the budget worksheet. SECTION 4: METRICS/OUTCOMES The City of San Bernardino is well positioned to provide all the required metrics listed by CaliforniaVolunteers with the hiring of a program administrator to oversee the data collection and reporting of metrics. The city will also track the number of participants that successfully advance positions during the grant period. SECTION 5: BUDGET/STAFFING/COMMUNICATIONS As mentioned in Section 4, the City of San Bernardino will add one Program Coordinator contract position, who will serve as administrator to oversee and coordinate the staffing of this program in our city departments. Additionally, the Program Coordinator will work with subgrantees to collect the data from the subgrantees employees. The table below illustrates where we propose distributing staff for the city and subgrantees based on funding available over time. City of San Bernardino Departments Food Insecurity Climate Resiliency COVID 19 Recovery Efforts Cost of Staffing Library 6 $201,504.00 Parks and Recreation 8 26 $1,756,889.00 Animal Services 6 $769,151.00 Police 12 $1,111,598.00 CBO’s* 8 $250,000.00 Administrative Costs $80,000.00 Total (66) 8 0 58 $4,169,142.00 *The City will solicit applications to identify CBO’s that will receive grant funding. The City of San Bernardino commits to using CaliforniaVolunteers developed branding for this program as well as participating in CaliforniaVolunteers-organized trainings/curriculum if asked. The City of San Bernardino is interested in participating in a program launch media event with CaliforniaVolunteers. In closing, it is important to reiterate the positive impact that the Califor niansForAll Youth Workforce Development Program grant can have in San Bernardino. Our youth and young adults experience unemployment, “under-employment,” housing insecurity, food insecurity, limited access to education, training and vocational programs, an d those young adults navigating the transition from the foster youth system, Program participants stand to make tremendous gains through this program. The experience, networking and job development opportunities that will be created with this program will not only be life changing but possibly life-saving in some instances. The City of San Bernardino respectfully requests your support and approval of our application for the CaliforniansForAll Youth Workforce Development Program grant. 14.b Packet Pg. 480 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program Applicant: City Of San Bernardino Items Description Calculation # of Years Total Budget Administrative Costs 50% of Grant Manger Time $40,000 2 80,000.00$ Total 80,000.00$ # Requested Hourly Salary # of Hours # of Years # of Employees Total Hours Total Budget Community Service OFC. (FT)$22 2080 2 6 24960 $549,120 Recreation Coordinator (FT)-Grants $27 2080 2 1 4160 $112,320 Recreation Coordinator (FT)-Special Needs/Camps $27 2080 2 1 4160 $112,320 Recreation Coordinator (FT)-Special Events $27 2080 2 1 4160 $112,320 Recreation Coordinator (FT)-Nutrition/$27 2080 2 1 4160 $112,320 Animal Shelter Attendant $18 2080 2 4 16640 $299,520 Animal Services Representative $18 2080 2 2 8320 $149,760 Total 14560 2 16 66560 $1,447,680 # Requested Hourly Salary # of Hours # of Years # of Employees Total Hours Total Budget Police Apprentice (PT)$18 1000 2 6 12000 $216,000 Recreation Leader (PT)-Teens/Outdoor Rec $17 1000 2 5 10000 $170,000 Recreation Leader (PT)-Events/Camps $17 1000 2 5 10000 $170,000 Recreation Leader (PT)-Nutrition $17 1000 2 5 10000 $170,000 Recreation Leader (PT)-Mobile Rec $17 1000 2 5 10000 $170,000 Recreation Leader (PT)-Aquatics $17 1000 2 10 20000 $340,000 Library Program Assistant $16 1000 2 6 12000 $192,000 CBO Partner Positions $15 992 2 8 15872 $238,080 Total 7992 2 50 99872 $1,666,080 Items Description Calculation Total Budget Pers (Pension)10.69%$154,757 $154,757 Worker's Compensation 3.50%$50,669 $50,669 Unemployment 0.30%$4,343 $4,343 Medicare 1.45%$20,991.36 $20,991 Health Care Monthly Cost Per Employee $1,724.00 $662,016.00 $662,016 Total $892,776 Items Description Calculation Total Budget Worker's Compensation 3.50%$58,313 $58,448 Medicare 1.45%$24,158 $24,158 Total $82,606 Items Description Calculation Total Budget % Allocation Cross Check -$ Total -$ 0.0% Total Budget Request 4,169,142$ Total # of Fellows 66 Partner (The City will seek applicants)Status (Proposed or Secured)Contractual Amount Possible Partners Proposed Goodwill of San Bernardino Proposed Akoma Community Center Proposed Reaching New Heights Proposed Arts Connection Proposed Total List of Partners IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs-Full Time CaliforniansForAll Youth Workforce Program (Revised 5-10-2022) II. CaliforniansForAll Youth Workforce Fellows - Wage-Full Time I. Administration (Must Not Exceed 10% of Direct Award Amount) II. CaliforniansForAll Youth Workforce Fellows - Wage-Part Time III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs-Part Time City of San Bernardino #JP2013 Exhibit B Budget Detail 14.b Packet Pg. 481 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth City of San Bernardino Agreement #JP2013 EXHIBIT B Budget Payment Provisions California Volunteers, CaliforniansForAll Youth Workforce Development Program and City of San Bernardino Page 1 of 1 BUDGET PAYMENT PROVISIONS 1. Invoicing and Payment a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. b) Invoices shall include the Agreement Number and shall be submitted via PDF to fiscal@cv.ca.gov. 2. Budget Contingency Clause a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. 14.b Packet Pg. 482 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino #JP2013 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions CaliforniansForAll Youth Jobs Corps Program Outcome and Output Reporting All CaliforniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program. Reporting Metrics Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance’s review and approval: • Required by Department of Treasury: o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs • Output: Total number of youth employed; number of hours of employment • Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to CaliforniaVolunteers in a format and method to be specified by California Volunteers. • Number of youth participating in program • Number of youth employed in each focus area • Number of youth enrolled in job training/readiness programs • Number of youth completing job training/readiness programs • Number of youth participating in summer program (if applicable) • Average wage and hours worked of participants across program Information/data/member stories as requested for annual report • Does this project serve an economically disadvantaged community? • Number of youth employed in program who were previously unemployed 14.b Packet Pg. 483 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino #JP2013 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions • Number of youth who complete full program (1 year or summer program) • Percentage of youth employed in program who remain in college or stable employment • Percentage of youth employed after completion of program • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey • Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey • Percentage of youth employed in public service after one year of employment • Job training evaluations Reporting Deadlines: Report Reporting Period Partner Reports Due 1 (if applicable) Award Date – December 31, 2021 January 10, 2022 2 January 1 – March 31, 2022 April 8, 2022 3 April 1 – June 30, 2022 July 8, 2022 4 July 1 – September 30, 2022 October 7, 2022 California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance. Reporting Process: California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees. 14.b Packet Pg. 484 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino #JP2013 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions CaliforniansForAll Youth Jobs Corps Program Invoicing This grant is a cost-reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding. Invoicing Deadlines: Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below. Financial Reporting Metrics: Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following: • Expenditure Amounts o Cumulative Expenditures (prior cycles) o Expenditure Adjustments (+/-) prior cycles o Expenditures (Current Cycle) o Total Cumulative Expenditures • Obligation Amounts o Remaining Obligation o Total Cumulative Expenditures o Total Cumulative Expenditures + Obligation o Award Amount • Notes (if applicable) These metrics are subject to change, depending on the California Department of Finance’s review and approval. 14.b Packet Pg. 485 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino #JP2013 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions Financial Reporting Deadlines: Report Reporting Period Partner Reports Due 1 Award Date – December 31, 2021 January 10, 2022 2 January 1 – March 31, 2022 April 8, 2022 3 April 1 – June 30, 2022 July 8, 2022 4 July 1 – September 30, 2022 October 7, 2022 California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance. Reporting Process: California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees. 14.b Packet Pg. 486 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino #JP2013 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions CaliforniansForAll Youth Jobs Corps Program State Fiscal Recovery Funds This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages. Resources: • Coronavirus State and Local Fiscal Recovery Funds: https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state- local-and-tribal-governments/state-and-local-fiscal-recovery-funds • State Fiscal Recovery Fund: https://www.dof.ca.gov/budget/COVID- 19/State_Fiscal_Recovery_Fund/ • State Fiscal Recovery Fund Reporting Portal: https://www.dof.ca.gov/budget/COVID- 19/State_Fiscal_Recovery_Fund_Reporting_Portal/ Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract. 14.b Packet Pg. 487 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program City of San Bernardino #JP2013 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions Programmatic and Fiscal Document Retention In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source. 14.b Packet Pg. 488 Attachment: Attachment 2 - JP2013 City of San Bernardino (8980 : Accept 2021 Californians for All Youth Workforce Development Program Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: ENA Between San Bernardino and Richman Group for Secombe Lake Park (Ward 1) Recommendation Approve the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and The Richman Group, LLC for the development of a 4 -acre portion of Seccombe Lake Park at the northwest corner of Sierra Way and 7th Street; and Determine that the ENA is categorically exempt from the California Environmental Quality Act (“CEQA”). Background By quitclaim deed dated December 5, 1991 and recorded on January 15, 1992 in the Official Records of the County of San Bernardino as No. 92-016139, the State of California (the “State”) conveyed nine (9) specific parcels, known as Seccombe Lake Park (the “Park”), to the City of San Bernardino, with the condition that it be used only for park purposes in perpetuity, unless the State Legislature, by specific act, permitted other uses, sale or disposition of the property. On September 30, 2006, Governor Arnold Schwarzenegger signed Assembly Bill No. 1457 (“AB 1457”) into law, which allowed the City to sell up to 12.5 acres of the Pa rk (the “12.5-Acre Portion”) to the City’s Redevelopment Agency (“RDA”). The conditions of sale of the 12.5-Acre Portion for private development, as dictated by AB 1457, are as follows: 1. The City and RDA must prepare a detailed land plan showing which specific parcels of the 12.5-Acre Portion will be sold (the “Land Plan”) and which properties elsewhere in the City will be acquired or developed or both with the proceeds of such sale (the “Replacement Park Land”); 2. The Land Plan must show and the City and RDA must ensure that there is no net loss in Park acreage as a result of implementation; 3. For portions of the Replacement Park Land owned by the City or RDA as of January 1, 2006, the City shall, prior to transfer of title of any portion of the P ark to the RDA, submit to the State (a) evidence of compliance with the Public Park 15 Packet Pg. 489 8975 Page 2 Preservation Act of 1971 (Chapter 2.5 (commencing with Section 5400) of Division 5 of the Public Resources Code), including a copy of the recorded deed and title policy for, and map of, the Replacement Park Land, and (b) a revised map of the Park showing revised acreage; 4. For portions of the Replacement Park Land not owned by the City or RDA as of January 1, 2006 but to be owned within two (2) years after sale of all or a portion of the 12.5-Acre Portion, the City and RDA shall acquire fee title and develop for park purposes the Replacement Park Land within reasonable proximity to the Park to be used exclusively for park purposes; 5. The City shall conduct a public hearing before the City Council to review the Land Plan and take public comment; 6. The City or RDA, prior to closing any real property transactions under the Land Plan, shall submit to the State an independent appraisal (which shall be a public document) of the 12.5-Acre Portion (or any portion thereof) to be sold and the Replacement Park Land; and 7. The City shall reimburse the State for any costs or expenses associated with their review and approval of the appraisal, conveyance, and acquisition documents. As part of the 2011 Budget Act, the State Legislature dissolved the State’s 400 -plus RDAs, and after a period of litigation, RDAs, including the City’s RDA, were officially dissolved as of February 1, 2012. To help facilitate the wind -down process at the local level, successor agencies (“SAs”) were established to manage redevelopment projects currently underway, make payments on enforceable obligations, and dispose of redevelopment assets and properties. Each SA has an Oversight Board (OB) that supervises its work. On January 9, 2012, by Resolution No. 2012-12, the City agreed to serve as the SA for the RDA and therefore, as the SA, has fee ownership and possession of the Park and the 12.5-Acre Portion within it. On September 6, 2020, the City (as SA) published a Request for Qualifications (RFQ F- 21-06) (the “RFQ”), seeking qualified developers to develop the first phase of a proposed affordable housing project (the “Project”), located on approximately four (4) acres of the 12.5-Acre Portion of the Park (the “4-Acre Portion”), on the northwest corner of Sierra Way and 7th Street (the “Property” or the “Site”), generally depicted in Exhibit “A” attached to the ENA. On October 19, 2020, The Richman Group, LLC (“Richman”) submitted a response to the RFQ, and City staff ultimately selected Richman as the developer of choice for the 4-Acre Portion. The ENA is the City’s formalization of that selection. Through November and December 2020, the City exchanged correspondence with the 15 Packet Pg. 490 8975 Page 3 State (specifically, the Office of Grants and Local Services (“OGALS”) with respect to the Project Site and the City’s ability to move forward with the Project absent additional legislation. On or about April 19, 2021, OGALS notified the City that the City may sell the Property for private development without pursuing new legislation separate and apart from AB 1457. In that same letter, OGALS also requested that the City (i) provide it with a copy of the draft ENA; and (ii) “provide public notice of [the ENA] with the developer.” On March 22, 2022, the City had a teleconference with various representatives of the State, including from OGALS and the Department of General Services to discuss the documents and information necessary for delivery by the City to comply with state law and AB 1457. On March 25, 2022, the City delivered the draft ENA (which is the same as the ENA attached hereto as Attachment 1) to certain representatives of the State who attended the March 22 teleconference. The City requested that the State provide comment to t he ENA by April 13, 2022. The City received no comment by that date or by any date. On May 13, 2022, pursuant to the Brown Act, the City published notice of the agenda for the City Council meeting to be held on May 18, 2022 (the “Agenda”). The Agenda included this staff report and Attachment 1. The City intends to issue a Request for Qualifications for the remaining 8.5 acres of the 12.5-Acre Portion at some time in the near future (the “8.5 -Acre RFQ”). Discussion The following are the material terms of the ENA with Richman: • The term (i.e. Negotiation Period) of the ENA is 180 days (with the possibility of further extension up to 1 year by mutual agreement of the parties); provided, however, that the time will be tolled from the date the City the 8.5 - Acre RFQ until the date a developer is selected by the City to develop that portion of the Property (the “RFQ Tolling”). • The City can extend the Negotiation Period administratively for any length of time up to one (1) year from the end of the Negotiation Period by mutual written agreement of the parties. Once an extension seeks to pass that 1 -year mark, that extension (and all further extensions) must be approved by City Council. • Richman shall pay to the City a deposit of $25,000 as consideration for the City’s agreement not to negotiate with other parties on the 4 -Acre Portion. The City will use the deposit to defray its costs in negotiating with Richman and preparing a Purchase and Sale Agreement or Disposition and Development Agreement or some other definitive agreement to transfer and develop the Property (“Definitive Agreement”). Each extension of the Negotiation Period costs the Developer $10,000. 15 Packet Pg. 491 8975 Page 4 • Richman acknowledges that: o the ENA is not a Definitive Agreement and does not create a legal obligation for either party to enter into a Definitive Agreement. o the ENA does not give it any property interest in the 4-Acre Portion. o anything either party does after executing the ENA in contemplation of entering into a Definitive Agreement is no t evidence of intent to be bound by that future Definitive Agreement. o the ENA is not a representation, guaranty, or assurance by the City of future approval of any entitlement or request for financial assistance from the City. • In order to ensure exemption from the Surplus Land Act (Government Code Section 54220 et seq.) (the “Act”), at a minimum, any Definitive Agreement will reflect that the Project on the Site will meet the requirements of Government Code section 37364 - namely, o At least 80 percent of the area of the Site shall be used for development of housing; o At least 40 percent of the total number of housing units developed on the Site shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of those units shall be affordable to very low income households; and o Dwelling units produced for persons and families of low or moderate income shall be restricted by regulatory agreement, recorded in the County’s official records, to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years, pursuant to a method prescribed by the city. • Any Project on the Site is anticipated to be a mixed-income housing development that will comply with the Waterman & Baseline Neighborhood Specific Plan. • Richman agrees to indemnify, defend and hold the City harmless against any and all claims arising under the ENA. 2021-2025 Strategic Targets and Goals Approving the ENA aligns with Key Target No. 1: Improved Operational & Financial Capacity; and Key Target No. 3: Improved Quality of Life. 15 Packet Pg. 492 8975 Page 5 Fiscal Impact The developer will cover the costs of the City (i.e., staff time and effort) as part of negotiating a Definitive Agreement. There should be no fiscal impact to the City by the approval of the ENA. CEQA Approval of the ENA is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. This agreement sets the terms of negotiation between the City and Richman; it does not authorize any specific development or installation on any specific piec e of property or infrastructure within the City’s boundaries. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, approve the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and The Richman Group, LLC for the development of a 4-acre portion of Seccombe Lake Park at the northwest corner of Sierra Way and 7th Street; and Determine that the ENA is categorically exempt from the California Environmental Quality Act (“CEQA”). Attachments Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement Ward: 1 Synopsis of Previous Council Actions: None 15 Packet Pg. 493 55600.00228\34358944.4 1 EXCLUSIVE NEGOTIATING AGREEMENT PARTIES: CITY OF SAN BERNARDINO AND THE RICHMAN GROUP, LLC PROPERTY: FOUR (4)-ACRE PORTION OF SECCOMBE LAKE PARK AT NW CORNER OF SIERRA WAY AND 7TH STREET THIS EXCLUSIVE NEGOTIATING AGREEMENT (the “Agreement”) is dated as of ____________, 2022 and is entered into by and between The Richman Group of California Development Company, LLC, a California limited liability company and its permitted assigns (collectively the “Developer”) and the City of San Bernardino, in its capacity as Successor Agency and Successor Entity to the Redevelopment Agency of the City of San Bernardino (the “City”). Developer and the City are collectively referred to herein as the “Parties.” This Agreement is entered into in light of the facts set forth in the following recital paragraphs: RECITALS A. WHEREAS, by quitclaim deed dated December 5, 1991 and recorded on January 15, 1992 in the Official Records of the County of San Bernardino as No. 92-016139, the State of California (the “State”) conveyed nine (9) specific parcels, known as Seccombe Lake Park (the “Park”), to the City, with the condition that it be used only for park purposes in perpetuity, unless the State Legislature, by specific act, permitted other uses, sale or disposition of the property; and B. WHEREAS, on September 30, 2006, Governor Arnold Schwarzenegger signed Assembly Bill No. 1457 (“AB 1457”) into law, which allowed the City to sell up to 12.5 acres of the Park (the “12.5-Acre Portion”) to the City’s Redevelopment Agency (“RDA”); and C. WHEREAS, the conditions of sale of the 12.5-Acre Portion for private development, as dictated by AB 1457, are as follows: 1. The City and RDA must prepare a detailed land plan showing which specific parcels of the 12.5-Acre Portion will be sold (the “Land Plan”) and which properties elsewhere in the City will be acquired or developed or both with the proceeds of such sale (the “Replacement Park Land”); 2. The Land Plan must show and the City and RDA must ensure that there is no net loss in Park acreage as a result of implementation; 3. For portions of the Replacement Park Land owned by the City or RDA as of January 1, 2006, the City shall, prior to transfer of title of any portion of the Park to the RDA, submit to the State (a) evidence of compliance with the Public Park Preservation Act of 1971 (Chapter 2.5 (commencing with Section 5400) of Division 5 of the Public Resources Code), including a copy of the recorded deed and title policy for, and map of, the Replacement Park Land, and (b) a revised map of the Park showing revised acreage; 4. For portions of the Replacement Park Land not owned by the City or RDA as of January 1, 2006 but to be owned within two (2) years after sale of all or a portion of the 12.5-Acre Portion, the City and RDA shall acquire fee title and 15.a Packet Pg. 494 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 2 develop for park purposes the Replacement Park Land within reasonable proximity to the Park to be used exclusively for park purposes; 5. The City shall conduct a public hearing before the City Council to review the Land Plan and take public comment; 6. The City or RDA, prior to closing any real property transactions under the Land Plan, shall submit to the State an independent appraisal (which shall be a public document) of the 12.5-Acre Portion (or any portion thereof) to be sold and the Replacement Park Land; and 7. The City shall reimburse the State for any costs or expenses associated with their review and approval of the appraisal, conveyance, and acquisition documents. D. WHEREAS, as part of the 2011 Budget Act, the State Legislature dissolved the State’s 400-plus RDAs, and after a period of litigation, RDAs, including the City’s RDA, were officially dissolved as of February 1, 2012; and E. WHEREAS, to help facilitate the wind-down process at the local level, successor agencies (“SAs”) were established to manage redevelopment projects currently underway, make payments on enforceable obligations, and dispose of redevelopment assets and properties. Each SA has an Oversight Board (OB) that supervises its work; and F. WHEREAS, on January 9, 2012, by Resolution No. 2012-12 (the “SA Resolution”), the City agreed to serve as the SA for the RDA and therefore, as the SA, has fee ownership and possession of the Park and the 12.5-Acre Portion within it; and G. WHEREAS, the City (as SA) seeks to develop the first phase of a proposed affordable housing project (the “Project”), located on approximately four (4) acres of the 12.5- Acre Portion of the Park, on the northwest corner of Sierra Way and 7th Street (the “Property” or the “Site”), generally depicted in Exhibit “A,” attached hereto and incorporated herein by reference; and H. WHEREAS, on September 6, 2020, the City published a Request for Qualifications (RFQ F-21-06) (the “RFQ”), seeking qualified developers for the Project; and I. WHEREAS, on October 19, 2020, Developer submitted a response to the RFQ (the “Developer Response”); and J. WHEREAS, through November and December 2020, the City exchanged correspondence with the State (specifically, the Office of Grants and Local Services (“OGALS”) with respect to the Project Site and the City’s ability to move forward with the Project absent additional legislation; and K. WHEREAS, on March 22, 2021, the City met with officials from OGALS and intends to remain in close contact with OGALS and the State, as necessary and appropriate, to fully comply with AB 1457; and L. WHEREAS, on or about April 19, 2021, OGALS notified the City that the City may sell the Property for private development without pursuing new legislation separate and apart from AB 1457; and 15.a Packet Pg. 495 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 3 M. WHEREAS, while the Developer Response (attached hereto as Exhibit “B”) does not set forth any terms on which the Developer is prepared to acquire any interest in the Site from the City, it does detail Developer’s personnel, experience, and expertise in constructing, maintaining, and operating affordable housing developments across the country; and N. WHEREAS, at a minimum, any Project on the Site will meet the requirements of Government Code section 37364; therefore, the Property and its ultimate disposition to Developer will be exempt from the Surplus Land Act, Government Code sections 54220 et seq. (the “Act”), pursuant to section 54221(f)(1)(A) of the Act; and O. WHEREAS, the City intends to issue a Request for Proposals or Request for Qualifications for the remaining 8.5 acres of the 12.5-Acre Portion at some time in 2022. P. WHEREAS, the City believes in good faith that it is free to exclusively negotiate with Developer at this time; and NOW, THEREFORE, in view of the goals and objectives of the State of California and the City relating to the disposition of City-owned lands for potential development as an affordable housing project, and in consideration of the mutual promises of City and Developer set forth in this Agreement, the City and Developer agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference. 2. Effective Date and Negotiation of Definitive Agreement. (a) The rights and duties of the City and the Developer established by this Agreement shall commence on the first date on which all of the following have occurred (the “Effective Date”): (1) execution of this Agreement by the authorized representative(s) of the Developer and delivery of such executed Agreement to the City, (2) payment of the Initial Deposit to the City by the Developer, in accordance with Section 8, and (3) approval of this Agreement by the City Council and execution of this Agreement by the authorized representative of the City. (b) Subject to the terms and conditions of this Agreement, during the Negotiation Period (defined in Section 4), Developer and the City shall proceed in good faith to undertake discussion, evaluations, negotiation and documentation of the potential terms of a Purchase and Sale Agreement or Disposition and Development Agreement or some other definitive agreement to transfer the Property (“Definitive Agreement”) for the Property which is mutually satisfactory to the Parties. During the Negotiation Period, Developer and the City shall reasonably assist and cooperate with each other and supply such documents and information as may be reasonably requested by the other in writing to facilitate the conduct of such negotiations. As the term is used in the preceding sentence and elsewhere in this Agreement, the words “assist and cooperate” when applied to the City mean and refer to the provision of information, reports or documents to Developer with respect to the Property which are already in the possession of the City or such new information, reports or documents relating to the Property and this Agreement, which do not require the City to incur any third party cost or expense which may not be reimbursed to the City upon the proposed disposition of the Property to the Developer under the terms of a future Definitive Agreement. During the Negotiation Period, both Developer and the City shall exercise reasonable efforts to conduct and complete discussions relating to the preparation of terms and conditions of the Definitive Agreement as may be mutually acceptable to the Developer and the City in the sole and absolute discretion reserved to each of them. The exact terms and conditions of the Definitive Agreement, if any, shall be determined during the 15.a Packet Pg. 496 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 4 course of these negotiations. Nothing in this Agreement shall be interpreted or construed to be a representation or agreement by either the Developer or the City that a mutually acceptable Definitive Agreement will be produced from negotiations under this Agreement either before or after the Effective Date. Nothing in this Agreement shall impose any obligation on either Party to agree to the approval and execution or be bound by a Definitive Agreement in the future. (c) [Intentionally Deleted.] 3. Developer Acknowledgments. (a) This Agreement shall not be deemed to be an obligation of either Party to enter into a Definitive Agreement for the Property. (b) Developer acknowledges and agrees that: (1) under this Agreement, the City does not commit itself or agree to enter into a Definitive Agreement or undertake any other exchange, sale, lease or other transfer of the Property to Developer; (2) no provision of this Agreement shall be deemed to be an offer by the City, nor an acceptance by the City of any offer or proposal from Developer, for the City to convey any estate or interest in the Property to Developer; (3) Developer has not acquired, nor shall the Developer acquire, by virtue of any term of this Agreement, any legal or equitable interest in real or personal property from the City; (4) further efforts by either Party to perform due diligence, arrange or obtain financing, or carry out other acts in contemplation of the possible acquisition, transfer of the Property or the development of the Project shall not be deemed evidence of intent by either Party to be bound by any term, condition, covenant, restriction or agreement relating to acquisition, transfer or development of the Property or the Project. (c) The Developer further acknowledges and agrees that no provision of this Agreement shall be interpreted or construed to be a guaranty, warranty, representation or assurance by the City that any public agency or other entity shall give any discretionary approval or provide any development financial assistance with respect to the Project on such terms which may be acceptable to the Developer or otherwise. 4. Negotiation Period. (a) The Negotiation Period shall begin on the date when this Agreement has become effective pursuant to Section 2 above. (b) The Negotiation Period shall commence on the Effective Date and shall continue for One Hundred Eighty (180) consecutive days, subject to subsection (d) below or unless otherwise terminated or extended as provided herein (“Negotiation Period”). (c) If the rights and duties of the Parties which arise under this Agreement have not been expressly merged into a Definitive Agreement within One Hundred Eighty (180) days of approval of this Agreement by the City Council (subject to subsection (d)) for any reason, then in such an event, this Agreement shall terminate without further notice whereupon neither Party shall have any further rights, obligations, or liabilities to the other under this Agreement except with respect to obligations which expressly survive termination of this Agreement. (d) The Negotiation Period shall be tolled from the date that the City issues a Request for Proposals or Request for Qualifications for the remaining 8.5 acres of the 12.5-Acre Portion until the date a developer is selected by the City to develop that portion of the 12.5-Acre Portion. 15.a Packet Pg. 497 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 5 5. Extension of Negotiation Period. The Negotiation Period may be extended by the written agreement of the Parties; provided, however, that if the Negotiation Period is to be extended beyond one (1) year of the end of the Negotiation Period (subject to Section 4(d) above), approval of such extension and every subsequent extension must be obtained from City Council and may not be administratively approved. 6. Definitive Agreement General Provisions. (a) General Terms and Conditions. The Parties anticipate that the Definitive Agreement shall include provisions addressing the following described subjects: 6.a.1 The Property Acquisition and Ownership by the Developer. The specific terms on which the Property shall be acquired from the City by Developer or Developer’s permitted assignee shall be set forth in the Definitive Agreement as mutually agreed to by the Parties. The City retains its sole and absolute discretion to approve, disapprove or impose conditions on the final form of the Definitive Agreement. Developer retains the right to reject any such conditions. If the Developer rejects the conditions imposed in the Definitive Agreement by the City, either Party may terminate this Agreement without liability. The words “Developer’s permitted assignee” shall refer to the provisions of the Definitive Agreement as set forth at Section 6.a.4, below. 6.a.2 [RESERVED]. 6.a.3 Scope of Development. The Project is anticipated to be a mixed income housing development that will comply with the Waterman & Baseline Neighborhood Specific Plan, Government Code § 37364, and all City permits, pursuant to applicable, recorded conditions, covenants and restrictions reasonably acceptable to the Parties and each of the other Responsible Agencies, as applicable. 6.a.4 Developer Permitted Assignee. Pursuant to Section 14 and Section 19(e), City shall not unreasonably withhold approval of the assignments of the interests and rights under this Agreement to an affiliate of the Developer if requested by the Developer in a signed writing; provided, however, that City shall be deemed to have approved the assignment of Developer’s interest and rights under this agreement to a limited partnership in which Developer or its affiliate acts as a general partner. 6.a.5 Other. Such other matters as the Developer and the City may mutually agree. (b) Developer Compliance with Laws with Respect to Project. Under the terms of the Definitive Agreement, the Developer shall comply with the requirements of all applicable City ordinances, resolutions and development entitlement approvals for the planning, design, construction and operation of the Project. 7. Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation or documentation of a future Definitive Agreement that may be undertaken by Developer during the Negotiation Period regarding any matter relating to this Agreement, a future Definitive Agreement for the Property or future development agreement for the Project, shall be the sole responsibility of and shall be undertaken at the sole cost and expense of Developer and 15.a Packet Pg. 498 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 6 no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon the City except as may hereafter be set forth in the Definitive Agreement. Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City or any other governmental agency of any and all applications and other documents and information to be submitted to the City or such other governmental agency by Developer either pursuant to this Agreement or otherwise associated with the Project or the Property. 8. Deposit. (a) Prior to the Effective Date, the Developer shall pay to the City a deposit in the amount of Twenty Five Thousand Dollars ($25,000) in immediately available funds (“Initial Deposit”) to ensure that the Developer will proceed diligently and in good faith to fulfill its obligations under this Agreement, as part of the consideration for the City’s agreement not to negotiate with other persons during the Negotiation Period, and to defray certain costs of the City in pursuing the contemplated negotiations with the Developer during the Negotiation Period, including staff time, consultant fees and attorneys’ fees associated with review and implementation of this Agreement or preparing the Definitive Agreement, all of which shall be charged against the Initial Deposit. The City shall provide notice to the Developer if at any time during the Negotiation Period the Initial Deposit falls below Five Thousand Dollars ($5,000), at which time Developer may make an additional deposit of any amount. If Developer opts not to make any further additional deposits, then, upon the complete exhaustion of the Initial Deposit, this Agreement shall automatically terminate without any further notice to either Party, and neither Party shall have any further rights or obligations to the other under this Agreement, except obligations that expressly survive termination of this Agreement. Any funds remaining in the Initial Deposit at the termination of this Agreement shall either be returned to the Developer or applied toward the purchase price of the Property at the Developer’s discretion. The Initial Deposit shall not include or be applied to any fees and expenses required by the City of Developer for any permit, other required entitlement or Project processing. (b) Upon each extension of the Negotiation Period, if any, the Developer shall deposit an additional Ten Thousand Dollars ($10,000) in immediately available funds with the City on the first day of any extension of the Negotiation Period (each, an “Extension Deposit”). Each Extension Deposit is intended to ensure that the Developer will proceed diligently and in good faith to fulfill its obligations under this Agreement during any extension of the Negotiation Period, as part of the consideration for the City’s agreement not to negotiate with other persons during any such extension of the Negotiation Period, and to defray certain costs of the City in pursuing the contemplated negotiations with the Developer during any such extension of the Negotiation Period, pursuant to this Agreement. Any funds remaining in the Extension Deposit at the termination of this Agreement shall either be returned to the Developer or applied toward the purchase price of the Property at the Developer’s discretion 9. No City Approval. Nothing in this Agreement, nor any comments provided by the City or City staff, nor any failure of City staff to provide comments to any submittal by the Developer pursuant to this Agreement shall: (1) modify or replace any land use entitlement process of the City applicable to the Project, (2) limit the police power land use jurisdiction of the City as it relates to the Property or the Project, (3) constitute an approval of all or any portion of the Project by the City pursuant to the police power land use jurisdiction of the City; or (4) constitute any approval of all or any portion of a future Definitive Agreement by the City. 15.a Packet Pg. 499 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 7 10. City Due Diligence. The City reserves the right to reasonably obtain further information, data and commitments to ascertain the ability and capacity of Developer to complete its acquisition of the Property from the City and develop the Project. Developer acknowledges that it may be requested to provide evidence of Developer’s assets, including equity, debt, and third-party financing for the Project, to the City, its staff, legal counsel or other consultants, as part of the financial due diligence investigations of the City relating to the potential sale of the Property and development of the Project by Developer and that any such disclosures by the Developer to the City, may become public records. The City shall maintain the confidentiality of financial information of Developer to the extent allowed by law. If the City receives a request for disclosure of records related to Developer, the Property, or the Project pursuant to the California Public Records Act (Gov’t Code Section 6250 et. seq.), the City, in its reasonable discretion, will provide a copy of such request to Developer, so that, in the event that the City Attorney determines that such records must be disclosed, against the wishes of Developer, Developer may seek appropriate judicial relief. 11. Developer Due Diligence. Subject to the assistance and cooperation of the City, during the Negotiation Period, Developer reserves the right to request and reasonably obtain all necessary and non-privileged information and data as it relates to the Property from the City as the Developer may deem to be appropriate. The City will deliver without representation or warranty existing information, studies, reports, site and construction plans or other documents relating to the Property in the City’s control or possession. The City will endeavor to deliver such material within ten (10) days of receipt of written request. Subject to compliance with Section 13 below, during the term of this Agreement, Developer will have the right to examine, inspect and investigate the Property to determine whether its condition is acceptable to Developer. 12. Developer Indemnity. Developer shall indemnify, defend and hold harmless the City and its elected and appointed officials, officers, agents and employees (each individually, an “Indemnified Party” and collectively, the “Indemnified Parties”) against any and all losses arising out of any claim, demand or cause of action, or any action or other proceeding, whether meritorious or not, arising under this Agreement or through activities of the Developer with respect to the Property or the Project, or Developer’s contractors or employees which may also be brought or asserted against any Indemnified Party that relates to or arises out of: (i) property damage or bodily injury or death of any person in connection with this Agreement through activities or omissions of the Developer with respect to the Property or the Project; (ii) entry upon the Property by Developer, its contractors or employees; (iii) any other inspection of the Property by Developer, its contractors or employees; or (iv) the preparation of any report or plan commissioned by Developer. No Indemnified Party shall be entitled to indemnification under this Section 12 (i), (ii), (iii) and (iv) arising from a matter caused by such Indemnified Party’s gross negligence or willful misconduct. In the event any action or proceeding is brought against an Indemnified Party by reason of a claim arising out of any loss for which Developer is obligated to indemnify, defend or hold harmless the Indemnified Party, and upon written notice from such Indemnified Party, Developer shall, at Developer’s sole expense, answer and otherwise defend such action or proceeding. The provisions of this Section 12 shall survive the expiration or termination of this Agreement. 13. Right of Entry and Developer Insurance. (a) Without limiting Developer’s indemnification obligations as set forth in this Agreement, Developer, prior to any entry on the Property by Developer or its employees, agents, representatives, consultants, or contractors, shall seek a right of entry agreement from the City 15.a Packet Pg. 500 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 8 and shall procure and maintain, at its sole cost and expense, for the period of such entry, the following policies of insurance: 13.a.1 Commercial General Liability insurance written on a per occurrence basis in an amount not less than $1,000,000 per occurrence. 13.a.2 Business Auto Coverage written on a per accident basis in an amount not less than $1,000,000 per accident. If Developer or Developer’s employees use personal automobiles in connection with the performance of work under this Agreement, Developer shall provide evidence of personal auto liability coverage for each such person. 13.a.3 If applicable, Worker’s Compensation insurance providing statutory benefits as required by California law. (b) All of the insurance policies required hereunder, except the worker’s compensation insurance, shall comply with the following requirements: 13.b.1 All insurance shall be written by insurers that are admitted and licensed to do business in the State of California and with A.M. Best rating of A- or better and a minimum financial size VII. 13.b.2 The policies shall be endorsed to name the City and its officers, officials, members, employees, and agents as additional insureds. 13.b.3 All of Developer’s insurance: (a) shall contain no special limitations on the scope of protection afforded to the additional insureds; and (b) shall be primary insurance and any insurance or self-insurance maintained by the additional insureds or any of them shall be in excess of Developer’s insurance and shall not contribute with it. 13.b.4 The policies shall be “occurrence”-based rather than “claims made”-based insurance. 13.b.5 The policies shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 13.b.6 The policies shall prohibit Developer from waiving the right of subrogation prior to a loss. 13.b.7 The policies shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured. (c) Prior to any entry onto the Property by Developer or its employees, agents, representatives, consultants, or contractors, Developer shall provide the City Manager with Certificates of Insurance evidencing the above insurance coverages and said Certificates of Insurance have been reasonably approved by City. In the event any of said policies of insurance are reduced in limits or cancelled for any reason, Developer shall, prior to the cancellation date, submit new evidence of insurance, in conformance with this Section 13. (d) The provisions of any workers’ compensation or similar act shall not limit the obligations of Developer under this Agreement. Developer expressly agrees not to use any 15.a Packet Pg. 501 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 9 statutory immunity defenses under such laws with respect to City or its officers, officials, members, employees, agents, representatives, or volunteers acting in an official capacity. (e) Developer agrees to provide immediate notice to City of any claim or loss against Developer arising out of any acts or omissions of Developer under this Agreement. City assumes no obligation or liability by such notice, but has the right to monitor the handling of any such claim or claims if they are likely to involve the City or any officer, official, member, employee, agent, or representative of City acting in an official capacity. 14. Restrictions Against Change in Ownership, Management or Control of Developer; Assignment of Agreement During the Negotiation Period. The City and Developer acknowledge and agree that the City is entering into this Agreement with Developer on the basis of the particular experience, financial capacity, skills and capabilities of Developer. This Agreement is personal to Developer and is not assignable without the prior written consent of the City, which may be given, withheld or conditioned in City’s sole and absolute discretion; provided, however, this Agreement may be assigned to a limited partnership in which Developer or its affiliat e acts as a general partner and the Definitive Agreement may contain provisions reasonably satisfactory to the City which permit assignment of the Developer interest in the Definitive Agreement to an affiliate of Developer prior to the completion of the disposition of the Property pursuant to the Definitive Agreement. For purposes of this Agreement, the term “affiliate” means any person or entity, directly or indirectly, controlling or controlled by or under common control with Developer, whether by direct or indirect ownership of equity interests, by contract, or otherwise. 15. Developer Events of Default and City Remedies. (a) Developer Events of Default. The occurrence of any of the following shall constitute an “Event of Default” on the part of Developer under this Agreement: 15.a.1 Schedule of Performance. Failure of Developer to meet a performance milestone by the applicable date contained in the Schedule of Performance of this Agreement (Exhibit “C”), if such failure is not cured within ten (10) days after written notice from the City of such failure. 15.a.2 Misrepresentation. Any material breach of any representation or warranty made by Developer in this Agreement that is not cured within ten (10) days after written notice from the City to Developer of such breach. 15.a.3 Unauthorized Assignment. Any assignment or attempted assignment by Developer in violation of Section 14 that is not cured within ten (10) days after written notice from the City to Developer of such breach. 15.a.4 Insurance. Failure of Developer to procure or maintain any of the insurance coverage required by this Agreement resulting in a lapse in required insurance coverage which lapse is not cured within ten (10) days after written notice from the City to Developer of such breach. 15.a.5 Other Developer Defaults. Failure by the Developer to comply with any other provision of this Agreement that is not cured within thirty (30) days after written notice from the City to the Developer of such breach; provided, however, if such default is not reasonably capable of being cured within such thirty (30) day period, Developer shall have such additional time as may be reasonably necessary, provided Developer commences to cure within such thirty (30) day period and is diligently prosecuting such cure to completion. 15.a Packet Pg. 502 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 10 (b) City Remedies. If there is an Event of a Default by Developer, the City may, in the sole and absolute discretion of the City, terminate this Agreement by delivering written notice of termination to Developer which references this Section 15(b) of this Agreement, effective as of the day after the last day of the applicable cure period specified in Section 15(a), provided that Developer does not cure the breach within the applicable cure period. Upon any such termination, neither Party shall have any further rights or obligations to the other under this Agreement, except obligations that expressly survive termination of this Agreement. The City hereby waives any remedy of specific performance following an Event of Default by Developer arising under this Agreement. The sole and exclusive remedy for the occurrence of an Event of Default by Developer shall be the termination of this Agreement. In the event of such termination neither Party shall have any further right or obligation under this Agreement except as to the Developers indemnity obligations which may arise under Section 12. 16. City Events of Default and Developer Remedies (a) City Events of Default. The occurrence of any of the following shall constitute an “Event of Default” on the part of the City under this Agreement. 16.a.1 Negotiation of Disposition of the Property With Other Parties. The City will be in Default under this Agreement if it begins to engage in land disposition negotiations concerning the Property with any party other than Developer before the termination of this Agreement and such breach is not corrected by the City within ten (10) days after written notice from the Developer of such breach. 16.a.2 Other City Default. Failure by the City to comply with any other provision of this Agreement which is not corrected within fifteen (15) days after written notice from Developer to the City of such breach. (b) Developer’s Remedies. If there is an Event of a Default by the City, Developer may, in the sole and absolute discretion of Developer terminate this Agreement by delivering written notice of termination to City which references this Section 16(b) of this Agreement, effective as of the day after the last day of the applicable cure period specified in Section 16(a), provided that City does not cure the breach within the applicable cure period. Developer hereby waives any remedy of specific performance following an Event of Default by the City. Upon any such termination, neither Party shall have any further rights or obligations to the other under this Agreement, except obligations that expressly survive termination of this Agreement. The sole and exclusive remedy for the occurrence of an Event of Default by the City shall be the termination of this Agreement. In the event of such termination neither Party shall have any further right or obligation under this Agreement except as to the Developer’s indemnity obligations which may arise under Section 12. Notwithstanding the foregoing, the Developer’s recovery of damages against the City under this Agreement shall be limited to recovering any amounts actually expended by the Developer in reasonable reliance on this Agreement not to exceed the amount of TWO HUNDRED AND SEVENTY FIVE THOUSAND DOLLARS ($275,000.00). 17. Developer Representations and Warranties. Developer represents, warrants and covenants to and for the benefit of the City that, as of the Effective Date and at all times during the Negotiation Period, as follows: (a) Valid Existence; Good Standing; Joint Venture Relationships. Developer is a corporation duly organized and validly existing under the laws of the State of California. Developer has all requisite power and authority to acquire the Property from the City and conduct 15.a Packet Pg. 503 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 11 its business as presently conducted. Developer has made all filings and is in good standing in the jurisdiction of the State of California. (b) Authority. Developer has all requisite power and authority to enter into and perform this Agreement. (c) No Limitation on Ability to Perform. Neither Developer’s articles of incorporation nor any other organizational document regarding Developer in any way prohibits, limits or otherwise affects the right or power of Developer to enter into or perform this Agreement. Developer is not a party to or bound by any contract, agreement, indenture, trust agreement, note, obligation or other instrument that could prohibit, limit or otherwise affect Developer’s entry into or performance of this Agreement. To the best of Developer’s knowledge, no consent, authorization or approval of, or other action by, and no notice to or filing with, any governmental authority, regulatory body or any other person or entity is required for the due execution, delivery or performance by Developer of this Agreement or any of the terms or covenants contained in this Agreement. There is no pending or threatened suit or proceeding or undischarged judgment affecting Developer before any court, governmental agency, or arbitrator that might materially adversely affect the enforceability of this Agreement, the ability of Developer to perform the transactions contemplated by this Agreement or the business, operations, assets or condition of Developer. (d) Valid Execution. The execution and delivery of this Agreement by Developer has been duly and validly authorized by all necessary action of Developer and others. This Agreement will be a legal, valid and binding obligation of Developer, enforceable against Developer in accordance with its terms. 18. Notices. A notice or communication under this Agreement by either Party to the other shall be sufficiently given or delivered, if in writing and personally delivered to the other Party or delivered to the other Party by messenger, overnight commercial business mail or if delivered by email and confirmed by the delivery of U.S. First Class Mail with return receipt requested to the appropriate Party at its address as follows: In the case of a notice or communication to the City: City of San Bernardino 290 North “D” Street San Bernardino, CA 92401-1734 Attn: Robert Field Email: field_ro@sbcity.org With a copy to: Best Best & Krieger, LLP Attn: Thomas A. Rice, Esq. 2855 E. Guasti Road, Suite 400 Ontario, CA 91761 And in the case of a notice or communication sent to Developer: The Richman Group of California 420 31st Street, Suite B1 Newport Beach, CA 92663 15.a Packet Pg. 504 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 12 Attention: Rick Westberg Email: WestbergR@richmancapital.com Any mailing address may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt or overnight delivery by a nationally recognized service actually occurs or, if such notice is given by email and confirmed by U.S. First Class Mail, on the date when the confirming mailed notice is deposited by the Party giving such email notice into U.S. First Class Mail. 19. General Provisions. (a) Amendments. This Agreement may be amended or modified only by a written instrument signed by both City and Developer. (b) Severability. If any provision of this Agreement, or its application to any person or circumstance, is held invalid by any court, the invalidity or inapplicability of such provision shall not affect any other provision of this Agreement or the application of such provision to any other person or circumstance, and the remaining portions of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so modified by and in response to such invalidation would be unreasonable or grossly inequitable under all of the circumstances or would frustrate the fundamental purposes of this Agreement. Without limiting the foregoing, in the event that any applicable federal or state law prevents or precludes compliance with any material term of this Agreement, the Parties shall promptly modify, amend or suspend this Agreement, or any portion of this Agreement, to the extent necessary to comply with such provisions in a manner which preserves to the greatest extent possible the benefits to each of the Parties to this Agreement. However, if such amendment, modification or suspension would deprive the Developer or the City of the substantial benefits derived from this Agreement or make performance unreasonably difficult or expensive, then the affected Party may terminate this Agreement upon fifteen (15) days written notice to the other Party. In the event of such termination, neither Party shall have any further right or obligation under this Agreement except as otherwise provided herein. (c) Non-Waiver. No waiver made by either Party with respect to the performance, or manner or time of performance, or any obligation of the other Party or any condition to its own obligation under this Agreement will be considered a waiver with respect to the particular obligation of the other Party or condition to its own obligation beyond those expressly waived, to the extent of such waiver, or a waiver in any respect in regard to any other rights of the Party making the waiver or any other obligations of the other Party. (d) Non-Liability. No member, official, agent or employee of the City will be personally liable to Developer, or any successor in interest (if and to the extent permitted under this Agreement), in an Event of Default by the City. No director, officer, agent or employee of Developer will be personally liable to the City in an Event of Default by Developer. (e) Successors and Assigns; Third Party Beneficiary. This Agreement shall inure to the benefit of and bind the respective successors and assigns of the City and the Developer, subject to the limitations on assignment by Developer set forth in Section 14. This Agreement is for the exclusive benefit of the Parties to this Agreement and not for the benefit of any other person and shall not be deemed to have conferred any rights, express or implied, upon 15.a Packet Pg. 505 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 13 any other person except as the indemnity obligation of the Developer to the Indemnified Parties as set forth in Section 12. (f) Governing Law. The City and Developer acknowledge and agree that this Agreement was negotiated, entered into and is to be fully performed in the City of San Bernardino, California. The City and the Developer agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the substantive and procedural laws of the State of California, without application of conflicts or choice of laws principles. (g) Entire Agreement. This Agreement (including the attachments and exhibits) contains all of the representations of and the entire agreement between the Parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda, agreements, warranties or representations relating to such subject matter are superseded in total by this Agreement. No prior drafts of this Agreement or changes from those drafts to the signed version of this Agreement shall be introduced as evidence in any litigation or other dispute resolution proceeding by either Party or any other person and no court or other body shall consider those drafts in interpreting this Agreement. (h) Time of the Essence. Time is of the essence with respect to each provision of this Agreement. (i) Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. (j) Approvals and Consents. (a) Excluding amendments to this Agreement which shall require the separate approval of the governing bodies of each Party, unless this Agreement otherwise expressly provides or unless applicable law requires otherwise, all approvals, consents or determinations to be made by or on behalf of the City during the Negotiation Period under this Agreement shall be made by the City Manager, Robert Field (Field_Ro@sbcity.or) or his designee. The City Manager may refer such requested consent or determination to the City Council for approval by the City of any matters he deems appropriate. In the case of the Developer, all approvals, consents or determinations to be made by or on behalf of the Developer during the Negotiation Period shall be made by Rick Westberg, (westbergr@richmancapital.com) (“Developer Representative”) or such other employee or agent of Developer as Developer may designate by written notice to the City to act as Developer Representative for a particular matter. Unless otherwise provided in this Agreement, whenever approval, consent or satisfaction is required of a Party pursuant to this Agreement, it shall not be unreasonably withheld, conditioned or delayed and any reasons for disapproval shall be stated in reasonable detail in writing. Such approval by Developer or City of any act or request by the other shall not be deemed to waive or render unnecessary approval of any similar or subsequent acts or requests. (k) Relationship of the Parties. No real estate broker commission or other real property finder’s fee shall be payable by either Party to any person in connection with the approval of this Agreement by the City. Each Party shall have a duty to indemnity defend and hold the other Party harmless from any claim. (l) The subject of this Agreement is a matter which is solely between Developer and the City as it relates to the Property. No other person or entity is a party to this Agreement. None of the provisions in this Agreement shall be deemed to render City a partner in Developer’s business, or joint venturer or member in any joint enterprise with Developer. 15.a Packet Pg. 506 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 14 (m) Survival of Indemnity Obligations. Notwithstanding anything to the contrary in this Agreement, each indemnity obligation under this Agreement shall survive expiration or termination of this Agreement. (n) Non-Discrimination. Developer covenants by and for itself and its successors or assigns, and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the following conditions: 19.n.1 There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (l) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property; and (2) Developer for itself and any Permitted Assignee shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, subtenants, sublessees, or vendees in the Property. [remainder of page intentionally left blank] 15.a Packet Pg. 507 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 15 Signature Page TO EXCLUSIVE NEGOTIATING AGREEMENT IN WITNESS WHEREOF, Developer and the City have signed and entered into this Agreement by and through the signatures of their respective authorized representative(s), as follow: CITY CITY OF SAN BERNARDINO, a California charter city and municipal corporation By: ____________________________ City Manager Date: ____________________________ Attest: By: ____________________________ City Clerk Approved as to form: By: ____________________________ City Attorney DEVELOPER The Richman Group of California Development Company, LLC, a California limited liability company By: ____________________________ Its: Executive Vice President Date: 15.a Packet Pg. 508 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 16 EXHIBIT “A” TO EXCLUSIVE NEGOTIATING AGREEMENT Legal Description of the Property [Attached behind this cover page] 15.a Packet Pg. 509 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 17 LEGAL DESCRIPTION THE PROPERTY 15.a Packet Pg. 510 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 18 EXHIBIT “B” TO EXCLUSIVE NEGOTIATING AGREEMENT DEVELOPER PROPOSAL [Attached behind this cover page] 15.a Packet Pg. 511 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 19 EXHIBIT “C” TO EXCLUSIVE NEGOTIATING AGREEMENT Schedule of Performance [Attached behind this cover page] 15.a Packet Pg. 512 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 20 Schedule of Performance Within 150 Days of Effective Date of ENA as such time may be extended by the Parties Title Report. City to provide preliminary title report on property; Developer to commence due diligence on Property. Preliminary Development Concept Package. Developer shall submit to the City a “Preliminary Development Concept Package,” consisting of the following: a) a preliminary development proposal generally describing the Project for the site subject (approx. 4 acres) to City review and approval. b) an initial estimate of development costs, including construction and non-construction costs, such as the proposed purchase price for land; c) a preliminary description of the proposed method of financing; d) a proposed construction and operating pro forma which identifies all sources and uses of funds; e) submittal of preliminary design(s) (including a scaled site p lan indicating building and parking layout) for the purpose of demonstrating compliance with the design requirements of the City and to assist the City in conducting a review under the California Environmental Quality Act (“CEQA”); and f) evidence reasonably acceptable to the City that the Developer has the significant financial resources necessary for development. Preliminary Agency Evaluation. Within thirty (30) days of the date of receipt of the Preliminary Development Concept Package, the City will provide its evaluation (“Preliminary City Evaluation”) to the Developer of the Preliminary Development Concept Package. Such evaluation will inc lude: a) The City’s evaluation of items addressed in the Preliminary Development Concept Package. The Preliminary City Evaluation shall indicate City’s preliminary determinations as to the appropriate level of review under CEQA and local planning approvals (e.g., DPA, CUP, TPM, TTM, MOD, etc). b) The City will identify the amount of local City funding sources for infrastructure and affordable housing development Draft Project Agreements. The City will provide the Developer with 1st drafts of the applicable documents that may include: predevelopment funding agreement, project funding commitment, and purchase and sale agreement. Within 300 Days of Effective Date of ENA as such time may be extended by the Parties Finalize Project Agreements. Within one hundred and fifty (150) days of receipt of the 1st draft of the Project Agreements, Developer and City will conclude negotiations on final forms. It is expected that this negotiation will require multiple rounds of review and comment by Developer and City, and will also be dependent on identifying and pursuing other funding sources outside of the City. Outreach. During the finalization of the DDA, in coordination with City staff and the City, the Developer will perform necessary community outreach to garner support for the development and the Project Agreements. 15.a Packet Pg. 513 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group 55600.00228\34358944.4 21 Procurement of Other Funding Sources. Developer will work with the City and other affordable housing agencies at the County, State and Federal levels, with industry advocates, t o identify, plan for, apply for and secure other funding sources. Within 365 Days of Effective Date of ENA as such time may be extended by the Parties Impact of and timing of Disparate Funding Sources. The above timing commitments and subsequent Project Agreements will be impacted by the identification, pursuit and attainment of funding for the agreed upon affordable housing component of the development. The remainder of the ENA period (365 days of effective date of ENA plus any mutually agreed upon extensions, if any) allows further time for the City and Developer to gain these commitments to ensure a feasible execution. Note, most commitments for additional subsidy are predicated on project entitlements. 15.a Packet Pg. 514 Attachment: Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement (8975 : ENA Between San Bernardino and Richman Group Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Amendment No. 1 to Lease Agreement with Inland Empire 66Ers Baseball Club (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Lease Agreement with Inland Empire 66ers Baseball Club of San Bernardino, Inc. Background On November 7, 2016, the Inland Empire 66ers Baseball Club of San Bernardino, Inc . (66ers) entered into a ten (10) year lease agreement with the City of San Bernardino (City), effective January 1, 2017 and ending December 31, 2026, for the City’s baseball stadium property known as San Manuel Stadium. San Manuel Stadium consists of an approximately 1,184,832 square-foot baseball stadium and related improvements, which are municipal facilities, on a 27.20-acre parcel of land designated as Assessor’s Parcel Number 0136-111-23 and is located at 280 South “E” Street, San Bernardino California. The stadium is located near the heart of Downtown San Bernardino, and next to the San Bernardino Transit Center, where it serves as an impo rtant venue for entertainment and city-sponsored activities. The current Lease Agreement includes provisions for up to $2,000,000 in Capital Improvements and Maintenance costs that are to be solely funded by 2010 Tax Allocation Bond proceeds. Specifically, up to $1,000,000 is provided for Capital Improvements and $200,000 per year for the first five (5) years ($1,000,000 total) for Maintenance. Pursuant to California Health and Safety Code (HSC) § 34191.4(c), proceeds from the 2010 Tax Allocation Bonds may be used to fund municipal improvements within the corporate limits of the City of San Bernardino. The City and the 66ers now wish to amend the lease agreement in order to extend the term of the Lease Agreement, to provide additional funding for major Capital Improvements to the property, and to provide funding for Capital Maintenance expenses. Discussion Amendment No. 1 to the Lease Agreement will extend the term of the current lease 16 Packet Pg. 515 8965 Page 2 through December 31, 2036 and also remove the Early Termination Optio n. Through this extended term, the Base Rent and Additional Rent provisions will remain the same; the 66ers will continue to pay one dollar ($1) per year as Base Rent and one dollar ($1) for every regular season paid baseball game attendee over 225,000 pa id attendees in any baseball season. Amendment No. 1 will also provide for up to $3,400,000 in Capital Improvement funding and annual funding of up to $250,000 per year for Capital Maintenance expenses throughout the term (up to $3,750,000 total). Total additional funding through the term of the lease will be up to $7,150,000. The additional funding is as follows: Major Capital Improvement Funding 2022: $1,800,000 2027: $600,000 2032: $1,000,000 Capital Maintenance Funding $250,000 within 10 days of executing Amendment No. 1. $250,000 per year, every January 1st, for the term of the lease (Dec 31, 2036) This Amendment makes no changes to the City's ability to use the stadium for City - sponsored events or activities. In the past, the City utilized S an Manuel Stadium for important activities such as the Point in Time Homeless Count. The City will be able to continue to conduct such events at San Manuel Stadium under this Amendment. This amendment also does not alter the original lease agreement's se ction on Source of Funds. As a result, funding for Capital Improvements and Maintenance shall come from the 2010 Tax Allocation Bond proceeds and the City will not be required to use General Fund money to fund these items. 2021-2025 Key Strategic Targets and Goals Amendment No. 1 to the Lease Agreement with Inland Empire 66ers Baseball Club of San Bernardino, Inc. relates to Key Target No.1b: Continue to seek opportunities to secure long-term revenue sources. Fiscal Impact There will be no fiscal impact to the General Fund. The Capital Improvement and Capital Maintenance expenditures will be funded by the 2010 Tax Allocation Bond proceeds. In the event that all 2010 Tax Allocation Bond funds are exhausted, funds will need to be secured from another source. FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Future/Ongoing Costs: Total Costs through 2036 Capital Improvement $0 $1,800,000 $1,600,000 (total) $3,400,000 Capital Maintenance $250,000 $250,000 $250,000 (per yr.) $3,750,000 TOTAL COSTS $250,000 Total $2,050,000 Total $4,850,000 Total $7,150,000 Total 16 Packet Pg. 516 8965 Page 3 GENERAL FUND $0 $0 $0 $0 SOURCE OF FUNDS: 2010 Tax Allocation Bonds Budget Adjustment: No Major Capital Improvement Funding 2022: $1,800,000 2027: $600,000 2032: $1,000,000 Capital Maintenance Funding Up to $250,000 per year, every January 1st, for the term of the lease (Dec 31, 2036) Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Lease Agreement with Inland Empire 66ers Baseball Club of San Bernardino, Inc. Attachments Attachment 1 Amendment No. 1 to 66ers Lease Agreement Attachment 2 Resolution 2016-237 & Lease Agreement Ward: 1 Synopsis of Previous Council Actions: November 7, 2016 The Mayor and City Council adopted Resolution 2016-237, approving a Lease Agreement with the Inland Empire 66ers Baseball Club of San Bernardino, Inc. for the Property Located at 280 South “E” Street, San Bernardino, California and Approving Certain Related Actions. 16 Packet Pg. 517 AMENDMENT NO. 1 TO LEASE AGREEMENT WITH INLAND EMPIRE 66ERS BASEBALL CLUB OF SAN BERNARDINO, INC. This Amendment No. 1 to the Lease Agreement is made and entered into as of May 18, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and the INLAND EMPIRE 66ERS BASEBALL CLUB OF SAN BERNARDINO, INC., a California corporation (“Lessee”). City and Lessee are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Lessee have entered into a lease agreement, dated November 7, 2016 (the “Lease Agreement”), for the purpose of operating a minor league baseball stadium on a 27.20-acre parcel of land designated as Assessor’s Parcel Number 0136-111-23 and located at 280 South E Street in the City of San Bernardino (the “Premises”). B. WHEREAS, the Parties now desire to amend the Lease Agreement in order to extend the term of the Lease Agreement, to provide additional funding for Major Capital Improvements to the Premises, and to provide funding for Capital Maintenance expenses. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 1 and the Lease 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 Lease Agreement shall be extended through December 31, 2036, unless earlier terminated pursuant to the Lease Agreement. 3. Removal of Early Termination Option. Section 4 of the Lease Agreement is deleted in its entirety and shall be of no further force and effect. 4. Amendment to Section 6(a) of the Lease Agreement . Section 6(a) of the Lease Agreement shall be amended to read as follows: “(a) As Additional Rent, Lessee shall pay Lessor one dollar ($1.00) for each regular season baseball game paid attendee at the Premises, after attendance at Lessee’s regular season baseball games at the Premises reaches two -hundred and twenty-five thousand (225,000) paid attendees in any baseball season, inclusive of playoff games, if any. Attendance shall be determined using the MiLB Final Attendance Report issued by MLB as the official record of attendance. Additional Rent is payable on 16.a Packet Pg. 518 Attachment: Attachment 1 Amendment No. 1 to 66ers Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers September 30 of each year during which this Lease is in effect, or as soon thereafter as regular season attendance can be determined. Payment shall be made at Lessor’s address for purposes of notice, set forth elsewhere in this Lease. “ 5. Amendment to Section 7(a) of the Lease Agreement. Section 7(a) of the Lease Agreement shall be amended to read as follows: “(a) Lessor’s agreement to accept nominal Base Rent as set forth in Section 5 is expressly conditioned on and given in consideration of (i) Lessee’s use of the Premises for the operation of the Team within the Professional Development League System; (ii) the Team playing a full season schedule of games in accordance with the PDL Rules and Regulations; and (iii) Lessee not being in default under any provisions of this Lease. Operation of a PDL Club shall be deemed to require, without limitation, that Lessee provide food, beverage, and souvenir concessions meetings standards of health, cleanliness and attractiveness required under applicable city codes and regulations (collectively, the “Base Operating Conditions”).” 6. Amendment to Section 7(b) of the Lease Agreement. The second sentence of Section 7(b) of the Lease Agreement shall be amended to read as follows: “If Lessee ceases operation of the Team during the term of this Lease or if th e Team is no longer a PDL Club, Lessor may, subject to Section 49, terminate this Lease.” 7. Amendment to Section 8 of the Lease Agreement. The third sentence of Section 8 of the Lease Agreement is hereby amended by deleting the word “League” appearing therein and inserting “MLB PDL” in replacement thereof. 8. Addition of Section 9(a)(1) to the Lease Agreement. Section 9(a)(1) shall be added to the Lease Agreement to read as follows: “(1) Commencing on January 1, 2022, City shall make available Major Capital Improvement funding to the Lessee, pursuant to the following schedule: 2022: $1,800,000 2027: $600,000 2032: $1,000,000 The funding as provided in this Section shall be used exclusively for Major Capital Improvements to the Premises. Major Capital Improvements to the Premises consist of, but are not limited to: replacement of seats; remodeling of group suites; reconfiguration of locker room and other team facilities; weatherproofing; st adium lighting; and parking lot repair/replacement. Major Capital Improvements may include the placement of solar/battery facilities, and construction of a ground water well for non -potable water. Unused funding in any particular year or tranche may be carried over for future years.” 16.a Packet Pg. 519 Attachment: Attachment 1 Amendment No. 1 to 66ers Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 9. Amendment to Section 9(b) of the Lease Agreement . Section 9(b) of the Lease Agreement shall be amended to read as follows: “(b) To access the funding for the Initial Capital Improvements or Major Capital Improvements, Lessee shall submit to Lessor a proposed budget itemizing the work to be performed to accomplish the Initial Capital Improvements or Major Capital Improvements, the cost for each item of work, and the persons or entities who will perform the work. At its option, Lessee may submit multiple budgets covering different items of work involved in the construction of the Initial Capital Improvements or Major Capital Improvements. In preparing budgets, Lessee shall obtain proposals from duly qualified and licensed contractors for the construction of the Initial Capital Improvements or Major Capital Improvements.” 10. Amendment to Section 9(c) of the Lease Agreement. Section 9(c) of the Lease Agreement shall be amended to read as follows: “(c) In obtaining proposals, and in contracting for and performing work, Lessee and its contractors and subcontractors shall comply with all federal, state, and local ordinances, regulations, and laws concerning the expenditure of public funds, including without limitation those sections of the San Bernardino Municipal Code related to purchasing goods and services, and those sections of the California Labor Code (the "Labor Code") related to prevailing wages, hours of labor and employment preferences, and all other requirements pertaining to "public works," as defined in Section 1720(a) of the Labor Code. Without limitation, any construction or improvements at the Premises , including Major Capital Improvements (the "Improvements"), shall be performed in compliance with all applicable provisions of (i) Labor Code Section 1720, et seq., and its implementing regulations regarding the payment of prevailing wages (the "State Prevailing Wage Law") and (ii) federal prevailing wage law ("Federal Prevailing Wage Law" and, together with State Prevailing Wage Law, the "Prevailing Wage Laws"). Lessee shall be solely responsible for determining applicability of, and complying with, the Prevailing Wage Laws. Lessor makes no representation as to th e applicability or non- applicability of the Prevailing Wage Laws to Improvements, or any part thereof.” 11. Amendment to Section 10(a) of the Lease Agreement. Section 10(a) of the Lease Agreement shall be amended to read as follows: “(a) Lessee is responsible, at its sole expense except as provided in Sections 9(a), 10(b), and 10(c) of this Lease, for furnishing all labor and materials necessary for Routine and Preventative Maintenance of the Premises. For the purposes of this Lease, Routine and Preventative Maintenance shall mean projects that are incidental to the day - to-day use of facilities of this type. Routine and Preventative Maintenance shall include the following without limitation: (1) Routine maintenance of structural parts of buildings and other improvements, including foundations, bearing and exterior walls including glass and doors, hand railings, subflooring, and roof. Examples include, but are not limited to, minor 16.a Packet Pg. 520 Attachment: Attachment 1 Amendment No. 1 to 66ers Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers cleaning and painting the interior and exterior surfaces such as walls, ceiling s, and hand railings. (2) Routine maintenance of electrical, plumbing, and sewage systems contained within the Premises. Plumbing and sewage examples include, but are not limited to responding to routine plumbing issues such as sewer blockages, clearing of plumbing lines and as well as the pumping and cleaning of grease traps. Electrical system examples, include, but are not limited to maintenance/replacement of office and stadium common area lights (except for parking lot and field lights). (3) Routine maintenance and cleaning of window frames, gutters, and downspouts. (4) Routine maintenance of heating, ventilation and air conditioning systems servicing the Premises, including changing heating and air conditioning filters every four (4) months. (5) Routine maintenance of landscape, field surfaces, and common areas. This maintenance shall include, but is not limited to, mowing, weeding, and similar activities. (6) Janitorial services sufficient to keep the interior and exterior of the Premises in a clean and orderly condition (including, but not limited to: offices, stadium facility and parking lots). (7) Monthly or more frequent inspection of the Premises to identify needed maintenance. (8) Routine maintenance and replacement of sig nage for the Lessee, stadium, and sponsors/vendors.” 12. Addition to Section 10(c) of the Lease Agreement. Section 10(c) shall be added to the Lease Agreement to read as follows: “(c) Within ten (10) days after the execution of this Amendment No. 1 by the Parties, and then on January 1 of each year thereafter during the term of the Lease Agreement as extended by this Amendment No. 1, City shall transfer $250,000 in a single lump sum payment to Lessee (the “Capital Maintenance Fund”). The Capital Maintenance Fund must be used by Lessee toward Capital Maintenance (as defined below) projects at the Premises. To the extent all of the Capital Maintenance Funds received during the year are not used during that year, the remaining funds will be carried over into the successive year and will offset that successive year’s funding. For example, if $40,000 remains in the Capital Maintenance Fund at the end of a given year, on January 1 of the following year the City shall deposit $210,000 with Lessee in order to bring the Capital Maintenance Fund back to the $250,000 threshold. Lessee shall provide Lessor an accounting of its use of these funds each year, prepared at Lessee’s expense by a certified public accountant or a professional consultant acceptable to Lessor. If upon the expiration or other termination of this Lease there remains an unused balance in the 16.a Packet Pg. 521 Attachment: Attachment 1 Amendment No. 1 to 66ers Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers Capital Maintenance Fund, such remaining balance shall be returned to Lessor. The budgeting and accounting procedure set forth in Section 9(b) and (f) shall apply to the use of Capital Maintenance Funds pursuant to this Section. If the performance of the maintenance described in this Section requires the expenditure of more than th e maximum amount to be provided by Lessor pursuant to this Section , the additional amount required shall be provided solely by Lessee. As provided for in Section 10(a) of this Agreement, Routine and Preventative Maintenance shall remain the responsibility of the Lessee. For the purposes of this Agreement, Capital Maintenance shall mean the following: (1) Repair and replacement of plumbing fixtures. (2) Repair and replacement of electrical fixtures including field lights/fixtures as well as parking lot lights/fixtures. (3) Repair and replacement of HVAC systems which may include major repairs or fixture replacement of heaters, air conditioners, and/or boilers. (4) Repair and replacement of irrigation system components (including irrigation lines, sprinklers, valves, and controllers) for common areas. (5) Substantial repair or replacement of field surfaces (including, but not limited to, clay or similar synthetic surface pitching mounds, infield playing surface, grass ,sod or similar playing surfaces) as needed from time to time or if MLB specifications require changes to field surfaces. (6) Trimming of trees in parking or stadium areas. (7) Significant repainting of visitor areas which may include the stucco texture of non-interior portion of the facility.” 13. Amendment to Section 34 of the Lease Agreement. Section 34 of the Lease Agreement shall be amended to read as follows: “34. Amendment. No amendment to this Lease shall be effective unless (i) it is in writing and signed by both parties, (ii) in the case of Lessor, it is approved by the Mayor and Common Council of the City of San Bernardino and (iii) all necessary PDL Approvals have been obtained in advance thereof.” 14. Addition to Section 49 of the Lease Agreement. Section 49 shall be added to the Lease Agreement to read as follows: “49. MLB PDL Requirements. a. This Lease and any rights granted to Lessor or Lessee hereunder shall in all respects be subordinate to the PDL Rules and Regulations, as long as Lessee is party to the Inland Empire PDL License Agreement that is in effect. The issuance, entering into, amendment or implementation of any of the PDL Rules and Regulations 16.a Packet Pg. 522 Attachment: Attachment 1 Amendment No. 1 to 66ers Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers shall be at no cost or liability to any MLB PDL Entity or to any individual or entity related thereto. The territory within which Lessor is granted rights under this Lease is limited to, and nothing herein shall be construed as conferring on Lessor rights in areas outside of, the PDL Club Marketing Territory (as defined in the Inland Empire PDL License Agreement). No rights, exclusivities or obligations involving the Internet or any interactive or on-line media (as defined in the applicable PDL Rules and Regulations) are conferred by this Lease, except as are specifically approved in writing by MLB PDL. b. Lessor agrees that if the date upon which any termination or suspension of this Lease falls during the regular season or postseason, the effective date of such termination or suspension shall be the first day of the month following the final home game of such season, and, in no event, shall Lessor terminate or suspend Lessee’s rights under this Lease during any regular season or postseason. c. If, at any time prior to the expiration of the term of this Lease, this Lease is terminated by Lessor for any reason (and any legal action challenging the right of Lessor to terminate this Lease and seeking specific performance has either been (i) finally adjudicated by a court of competent jurisdiction as evidenced by a final non - appealable order or (ii) settled, withdrawn or otherwise concluded, in either case solely with respect to the request for specific performance) and the Inland Empire PDL License Agreement has been terminated, Lessor agrees to offer to assign this Lease to any replacement PDL Club identified by MLB PDL to the extent that such PDL Club is reasonably acceptable to Lessor. To the extent that this Lease is not so assigned, Lessor agrees to meet promptly with MLB PDL to work together to ascertain whether a replacement PDL Club can be identified, and if such a PDL Club is so identified, Lessor shall offer to lease the Premises to such PDL Club. d. As long as Lessee is party to the Inland Empire License Agreement that is in effect, MLB PDL is an intended third party beneficiary of the provisions of this Section 49 and each other provision in this Lease that prohibits action without first obtaining PDL Approval and, in addition to its right to waive or enforce the provisions of this Section 49, MLB PDL shall be entitled and have the right to waive or enforce such other provisions that prohibit action without first obtaining PDL Approval directly against any party hereto (or their successors and permitted assigns) to the extent that any such other provision is for the explicit benefit of MLB PDL or any other MLB PDL Entity. e. Neither MLB PDL nor any other MLB PDL Entity shall have any liability whatsoever to any Person for actions taken pursuant to this Section 49 (other than for fraudulent acts or willful misconduct with respect to this Section 49 by MLB PDL), and Lessor hereby releases MLB PDL and each other MLB PDL Entity from any and all claims arising out of or in connection with any such actions. Nothing contained in this Lease shall create any duty on behalf of MLB PDL or any other MLB PDL Entity to any other Person. f. As used herein, the following terms shall have the following meanings: 16.a Packet Pg. 523 Attachment: Attachment 1 Amendment No. 1 to 66ers Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers i. “Commissioner” means the Commissioner of Baseball as elected under the Major League Constitution or, in the absence of a Commissioner, any Person or body succeeding to the powers and duties of the Commissioner pursuant to the Major League Constitution. ii. “Inland Empire PDL License Agreement” means that certain player development license agreement entered into between Lessee and MLB PDL pursuant to which the Club has been granted the right to participate in the Profession al Development League System. iii. “Major League Baseball” or “MLB” means, depending on the context, any or all of (a) the Office of the Commissioner of Baseball, each other MLB PDL Entity and/or all boards and committees thereof and/or (b) the Major League Clu bs acting collectively. iv. “Major League Baseball Club” or “Major League Club” means any professional baseball club that is entitled to the benefits, and bound by the terms, of the Major League Constitution. v. “Major League Constitution” means the Major League Constitution adopted by the Major League Clubs as the same may be amended, supplemented or otherwise modified from time to time in the manner provided therein and all replacement or successor agreements that may in the future be entered into by the Major League Clubs. vi. “MLB PDL” means, depending on the context, any or all of (i) MLB Professional Development Leagues, LLC, a Delaware limited liability company, and/or (ii) the boards, committees and subcommittees related thereto. vii. “MLB PDL Entity” means each of MLB PDL, the Office of the Commissioner of Baseball, MLB Advanced Media, L.P. and/or any of their respective present or future affiliates, assigns or successors. viii. “PDL Approval” means, any approval, consent or no-objection letter required to be obtained from MLB PDL or any other MLB PDL Entity pursuant to the PDL Rules and Regulations. ix. “PDL Club” means a professional baseball club participating in the Professional Development League System pursuant to a player development license agreement between the owner of such club and MLB PDL pursuant to which such owner has been granted the right to participate in the Professional Development League System. x. “PDL Governance Agreement” means that certain Professional Development Leagues Governance Agreement, effective as of February 12, 2021 by and between MLB PDL and each Club, as may be amended, modified, supplemented or restated from time to time. 16.a Packet Pg. 524 Attachment: Attachment 1 Amendment No. 1 to 66ers Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers xi. “PDL Governing Documents” means the following documents as in effect from time to time and any amendments, supplements or other modifications thereto and all replacement or successor documents thereto that may in the future be entered into: (i) the Major League Constitution, (ii) the Major League Rules (and all attachments thereto), (iii) the PDL Operating Guidelines, (iv) the PDL Governance Agreement and (v) the PDL License Agreements. xii. “PDL License Agreement” means each player development license agreement entered into between a PDL Club and MLB PDL pursuant to which such PDL Club has been granted the right to participate in the Professional Development League System, including, without limitation, the Inland Empire PDL License Agreement. xiii. “PDL Rules and Regulations” means (i) the PDL Governing Documents, (ii) any present or future agreements or arrangements entered into by, or on behalf of, MLB PDL or any other MLB PDL Entity or the Major League Clubs acting collectively that are specifically related to or generally applicable to the Professional Development League System or the PDL Clubs, including, without limitation, agreements or arrangements entered into pursuant to the PDL Governing Documents, and (iii) the present and future mandates, rules, regulations, policies, practices, bulletins, by-laws, directives or guidelines issued or adopted by, or on behalf of, the Commissioner, MLB PDL or any other MLB PDL Entity as in effect from time to time that are specifically related to or generally applicable to the Professional Development League System or one or more of the PDL Clubs. xiv. “Person” means any individual, partnership, limited liability company, corporation or other association, entity, trustee or legal representative. xv. “Professional Development League System” means a system of professional baseball leagues comprised of professional baseball clubs that compete at different levels and serve to assist with the development of players for Major League Baseball Clubs. xvi. “Team” means the professional baseball club currently known as the Inland Empire 66ers. 15. Full Force. Except as amended by this Amendment No. 1, all provisions of the Lease Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. 16. 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. 16.a Packet Pg. 525 Attachment: Attachment 1 Amendment No. 1 to 66ers Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 17. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. 16.a Packet Pg. 526 Attachment: Attachment 1 Amendment No. 1 to 66ers Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE LEASE AGREEMENT WITH INLAND EMPIRE 66ERS BASEBALL CLUB OF SAN BERNARDINO, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager ATTESTED: Genoveva Rocha, CMC City Attorney APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney LESSEE INLAND EMPIRE 66ERS BASEBALL CLUB OF SAN BERNARDINO, INC. APPROVED BY: Joe Hudson General Manager ATTESTED: Michael Bracken, Managing Partner & Chief Economist Development Management Group, Inc. 16.a Packet Pg. 527 Attachment: Attachment 1 Amendment No. 1 to 66ers Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers I RESOLUTION NO. 2016-237 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO APPROVING A LEASE AGREEMENT WITH THE INLAND EMPIRE 66ERS BASEBALL CLUB OF SAN BERNARDINO, INC. FOR THE PROPERTY 4 LOCATED AT 280 SOUTH "E" STREET, SAN BERNARDINO, CALIFORNIA AND APPROVING CERTAIN RELATED ACTIONS 5 6 WHEREAS, the City of San Bernardino (the "City") is a charter city in the County of San Bernardino, State of California; and 7 8 WHEREAS, the Inland Empire 66ers Baseball Club of San Bernardino, Inc. (the "66ers") is a corporation organized under California law and operates a Class A-Advanced minor league 9 baseball team which is a member of the California League (the "League"); and 10 11 WHEREAS, pursuant to the certain lease dated June 18, 1996 by and between the City and 12 the 66ers (the "1996 Lease"), the 66ers currently occupy an approximately 1,184,832 square-foot 13 baseball stadium and related improvements, which are municipal facilities, on a 27.20-acre parcel of land designated as Assessor's Parcel Number 0136-111-23 and located at 280 South "E" Street, San 14 Bernardino California(the "Property"); and 15 16 WHEREAS, the term of the 1996 Lease expires on December 31, 2016; and 17 WHEREAS, the 66ers have requested to enter into a new lease with the City for the 18 Property for a term of up to ten (10) years to be effective, subject to the City's fee ownership of the 19 Property as further described herein, on or after January 1, 2017 (the "2017 Lease"), a copy of which is included as Exhibit "A" to this Resolution; and 20 21 WHEREAS, the proposed 2017 Lease also includes provisions for funding of up to $2 22 million-worth of replacement or reconfiguration of certain improvements, as well as regular maintenance costs that are needed at the Property; and 23 24 WHEREAS, the Property is currently owned by the City of San Bernardino as Successor Agency to the former Redevelopment Agency of the City of San Bernardino (the "Successor 25 Agency"), a separate legal entity from the City established by § 34173 of the California Health and 26 Safety Code (the "HSC"); and 27 28 1 16.b Packet Pg. 528 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 1 WHEREAS, the City is the sponsoring entity of the Successor Agency as defined in HSC § 2 34171(n) and certain actions of the Successor Agency are subject to the approval of its Oversight 3 Board (the "Oversight Board") established by HSC § 34179; and 4 WHEREAS, pursuant to HSC § 34191.5(b), the Successor Agency prepared and submitted 5 to the California Department of Finance (the "DOF") a long-range property management plan 6 ("LRPMP")that was approved by DOF on December 31, 2015; and 7 WHEREAS, the LRPMP governs the Successor Agency's disposition of its real property 8 assets, including the Property; and 9 WHEREAS, as a part of its approval of the LRPMP, DOF has required that the Property be 10 sold, and has advised the Successor Agency that the Property can be sold to a third party or to a 11 public entity, which could include the City; and 12 WHEREAS, the LRPMP requires that the Successor Agency obtain Oversight Board and 13 DOF approval of property sales; and 14 WHEREAS, the Successor Agency is proposing to sell the Property to the City at its fair 15 market value consistent with the provisions of the LRPMP and DOF's guidance for the sale of the 16 Property; and 17 WHEREAS, the Oversight Board's and DOF's approval of the conveyance of the Property 18 by the Successor Agency to the City at a sales price acceptable to the City in its sole discretion are 19 conditions precedent to the effectiveness of the 2017 Lease; and 20 WHEREAS, consistent with the foregoing, the City intends to seek to purchase the 21 Property from the Successor Agency and then lease an interest therein, as more particularly 22 provided within the 2017 Lease, a copy of which is included as Exhibit "A" to this Resolution, to 23 the 66ers conditioned upon the City obtaining fee simple ownership of the Property; and 24 WHEREAS, certain of the capital improvements located at the Property require 25 replacement or reconfiguration, as well as regular maintenance costs and the Successor Agency 26 lacks funds to pay for these items and does not expect to have moneys applicable for such purpose 27 in the future; and 28 2 16.b Packet Pg. 529 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers I WHEREAS, the City is a municipal bankruptcy debtor in the matter of In re City of San 2 Bernardino, California, Case No. 6:12-bk-28006-MJ in the United States Bankruptcy Court for the 3 Central District of California, Riverside Division; and 4 WHEREAS, in connection with its plan for the adjustment of its debts in order to achieve 5 solvency, on September 30, 2016 the City submitted to the bankruptcy court the City of San 6 Bernardino Long-Range Financial Model (the "Financial Model"); and 7 WHEREAS, the Financial Model does not include funding for the acquisition of the 8 Property or any of the replacement or reconfiguration of certain improvements, as well as regular 9 maintenance costs required at the Property and, therefore, the City shall not be required to use any 10 of its General Fund money to acquire the Property or to pay any expense contemplated by the 2017 11 Lease; and 12 WHEREAS, pursuant to HSC § 34191.4(c),proceeds from the 2010A and 2010B Tax Allocation 13 Bonds issued by the San Bernardino Joint Powers Financing Authority on behalf of the former 14 Redevelopment Agency of the City of San Bernardino (the "2010 Bond Proceeds") may be used to 15 fund municipal improvements within the corporate limits of the City of San Bernardino; and 16 WHEREAS, on March 21, 2016, the Successor Agency and the City entered into a Bond 17 Expenditure Agreement (the "BEA") for the purpose of transferring responsibility for the 18 management of the use of the 2010 Bond Proceeds to the City; and 19 WHEREAS, the BEA was subsequently approved by the Oversight Board and DOF and is 20 therefore fully effective; and 21 WHEREAS, because of the foregoing, the City has approximately $6.2 million of 2010 22 Bond Proceeds that it may use for selected municipal facilities; and 23 WHEREAS, consistent with the foregoing, the City would use a portion of the 2010 Bond 24 Proceeds for the acquisition of the Property and up to $2 million for replacement or reconfiguration 25 of certain improvements, as well as regular maintenance costs that are needed at the Property subject 26 to the provisions therefor described in the 2017 Lease; and 27 WHEREAS, this Resolution has been reviewed with respect to applicability of the 28 California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of 3 16.b Packet Pg. 530 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers I Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines"), and the City's 2 environmental guidelines; and 3 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that 4 term is defined by CEQA Guidelines § 15378, because this Resolution constitutes continuing 5 administrative or maintenance activities, general policy and procedure making, and organizational 6 or administrative activity that will not result in a direct or indirect physical change in the 7 environment, per § 15378 (b) (2) and(5) of the CEQA Guidelines; and 8 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have 9 been met. 10 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 11 COUNCIL OF THE CITY OF SAN BERNARDINO,AS FOLLOWS: 12 Section 1. The foregoing recitals are true and correct and are a substantive part of this 13 Resolution. 14 Section 2. The 2017 Lease, a copy of which is included as Exhibit "A" to this 15 Resolution, is approved. 16 Section 3. The City Manager or his designee is hereby authorized and directed, for and 17 in the name of and on behalf of the City, to execute, acknowledge and deliver the 2017 Lease in 18 substantially said form, with such non-material revisions as said officers, with the approval of the 19 City Attorney, may require or approve, such approval to be conclusively evidenced by the 20 execution and delivery of said Lease, and to take such further actions and execute such other 21 documents as are necessary to effectuate the intent of this Resolution. 22 Section 4. This Resolution is not a "project" for purposes of CEQA, as that 23 term is defined by CEQA Guidelines § 15378, because this Resolution constitutes continuing 24 administrative or maintenance activities, general policy and procedure making, and organizational 25 or administrative activity that will not result in a direct or indirect physical change in the 26 environment, per § 15378 (b) (2) and (5) of the CEQA Guidelines. 27 Section 5. This resolution shall take effect upon its adoption and execution in the 28 manner as required by the City Charter. 4 16.b Packet Pg. 531 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A LEASE AGREEMENT WITH THE INLAND EMPIRE 2 66ERS BASEBALL CLUB OF SAN BERNARDINO, INC. FOR THE PROPERTY 3 LOCATED AT 280 SOUTH "E" STREET, SAN BERNARDINO, CALIFORNIA AND APPROVING CERTAIN RELATED ACTIONS 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino, at a joint regular meeting thereof, held on the 7`h 6 day of November, 2016, by the following vote, to wit: 7 8 Council Members Ayes Nays Abstain Absent 9 MARQUEZ X 10 BARRIOS X 11 VALDIVIA X 12 SHORETT X NICKEL X 13 14 RICHARD X MULVIHILL X 15 16 17 Georgeannqlanna, CMC, City Clerk 18 19 The foregoing Resolution is hereby approved this day of November 2016. 20 21 22 R. Carey DaviPernardinoayor City of San 23 24 Approved as to Form: Gary D. Saenz, City Attorney 25 26 By: C 27 28 5 16.b Packet Pg. 532 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 1 EXHIBIT "A" 2 3 LEASE AGREEMENT WITH THE INLAND EMPIRE 66ERS BASEBALL CLUB 4 OF SAN BERNARDINO, INC. FOR THE PROPERTY LOCATED AT 5 280 SOUTH "E" STREET, SAN BERNARDINO, CALIFORNIA 6 7 See Attachment) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 16.b Packet Pg. 533 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 LEASE AGREEMENT CITY OF SAN BERNARDINO and INLAND EMPIRE 66ers BASEBALL CLUB OF SAN BERNARDINO,INC. LESSOR: CITY OF SAN BERNARDINO 300 North"D" Street San Bernardino, CA 92418 LESSEE: INLAND EMPIRE 66ers BASEBALL CLUB OF SAN BERNARDINO, INC. PARTY:Each of Lessor and Lessee PREMISES: 280 South E Street San Bernardino, CA 92401 Assessor's Parcel No. 0136-11.1-23 TERM: From commencement until December 31,2026 COMMENCEMENT DATE: The later of: the date of Lessor's acquisition of fee simple title to the leasehold premises,or January 1,2017 DATE OF LEASE: November 7 ,2016 16.b Packet Pg. 534 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 RECITALS A. The City of San Bernardino ("Lessor") is a charter city in the County of San Bernardino, State of California. B. The Inland Empire 66ers Baseball Club of San Bernardino, Inc. ("Lessee") is a corporation organized under California law. Lessee operates a Class A-Advanced minor league baseball team which is a member of the California League (the "League"). Lessor and Lessee may be individually referred to in this Lease as a"Party," and collectively as the "Parties." C. Lessee occupies an approximately 1,184,832 square-foot baseball stadium Stadium") and related facilities on a 27.20-acre parcel of land designated as Assessor's Parcel Number 0136-111-23 and located at 280 South E Street in the City of San Bernardino (the Property"). A lease concerning certain rights of use as to the Property was executed by Lessor and Lessee on June 18, 1996, and expires on December 31, 2016. The leasehold interest is as to rights to use the Property and improvements thereon, all as provided under such lease. D. The Property is owned by the City of San Bernardino as Successor Agency Successor Agency") to the former Redevelopment Agency of the City of San Bernardino ("former RDA"), a separate legal entity from Lessor established by Section 34173 of the California Health and Safety Code ("HSC"). Lessor is the sponsoring entity of the Successor Agency as defined in HSC Section 34171(n). Certain actions of the Successor Agency are subject to the approval of its Oversight Board ("Oversight Board") established by HSC Section 34179. E. Improvements located at the Property are in need of certain repairs and improvements, as well as regular maintenance. The Successor Agency lacks funds to pay for these items and does not expect to have moneys applicable for such purpose in the future. F. Pursuant to HSC Section 34191.5(b), the Successor Agency prepared and submitted to the California Department of Finance ("DOF") a long-range property management plan LRPMP") which was approved by DOF on December 31, 2015. The LRPMP governs the Successor Agency's disposition of its real property assets, including the Property. As a part of its approval of the LRPMP, DOF has required that the Property be sold, and has advised the Successor Agency that the Property can be sold to a third party or to a public entity, which could include Lessor. The LRPMP requires that the Successor Agency obtain Oversight Board and DOF approval of property sales, and requires that properties be listed for sale at or above appraised fair market value or another amount approved by the Oversight Board. Oversight Board and DOF approval of the conveyance of the Property by the Successor Agency to Lessor at a sales price acceptable to Lessor in its sole discretion are conditions precedent to the effectiveness of this Lease. G. Consistent with the foregoing, Lessor intends to seek to purchase the Property from the Successor Agency and then lease an interest therein, as more particularly provided herein (which leasehold interest is as to land and improvements thereto; namely the "Premises")to Lessee pursuant to this Lease Agreement ("Lease"). Therefore, the effectiveness of this Lease is conditioned upon Lessor obtaining fee simple ownership of the Property consistent with the provisions previously described. H. Lessor is a municipal bankruptcy debtor in the matter of In re City of San Bernardino, California, Case No. 6:12-bk-28006-MJ in the United States Bankruptcy Court for the 16.b Packet Pg. 535 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 Central District of California, Riverside Division. In connection with its plan for the adjustment of its debts in order to achieve solvency, Lessor submitted to the bankruptcy court on September 30, 2016 the City of San Bernardino Long-Range Financial Plan (Financial Model). The Financial Model does not include funding for the repairs and capital improvements or the maintenance that are needed at the Property. Further, Lessor shall not be required to use any of Lessor's General Fund money to pay any expense contemplated by this Lease. 1.Pursuant to HSC Section 34191.4(c), proceeds from the 2010A and 201013 Tax Allocation Bonds issued by the San Bernardino Joint Powers Financing Authority on behalf of the former RDA (2010 Bond Proceeds) may be used to fund municipal improvements within the corporate limits of the City of San Bernardino. On March 21, 2016, the Successor Agency and Lessor entered into a Bond Expenditure Agreement (BEA) for the purpose of transferring responsibility for the management of the use of the 2010 Bond Proceeds to Lessor. The BEA was approved by the Oversight Board and DOF. Lessor therefore proposes that a portion of the 2010 Bond Proceeds be used for the repairs and improvements and maintenance that are needed at the Premises consistent with the provisions described in this Lease. AGREEMENT 1.INCORPORATION OF RECITALS The foregoing Recitals are true and are incorporated here and made a part of this Lease. 2.COMMENCEMENT AND CONDITIONS TO EFFECTIVENESS Upon the later to occur of: (i)the Commencement Date; or (ii)the satisfaction of those conditions set forth in part (a) of this Section (the "Conditions Precedent"), Lessor leases the Premises to Lessee for the term set forth herein on the terms and conditions set forth herein. a) Conditions Precedent. The obligation of Lessor to deliver possession of the Premises pursuant to this Lease and the obligations of the Parties hereto are subject to the prior satisfaction of each of the following: 1) Lessor shall have acquired fee simple title to the Property in condition acceptable to Lessor; 2) Lessee shall have provided evidence reasonably satisfactory to Lessor that Lessee is a corporation in good standing, that the individual or individuals signing this Lease on behalf of Lessee are authorized to, and by executing this Lease do, bind the Lessee, and that Lessee has obtained all necessary authorizations for Lessee to continue to operate the Inland Empire 66ers Baseball Club (the "Team") as a team in the California League, which Team must be classified Class A — Advanced or better (or such equivalent designation as Major League Baseball ("MLB") may designate in the future); 3) Lessee shall have provided evidence reasonably satisfactory to Lessor that Lessee has obtained all insurance required to be procured by Lessee pursuant to this Lease (including without limitation Section 24 hereof), including endorsements as set forth in Section 24 hereof, 4) No administrative action or litigation shall, to the best knowledge of either of the Parties hereto have been commenced which is inconsistent with this Lease being effective; 2 16.b Packet Pg. 536 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 5) Lessee shall have provided to Lessor a plan for the provision of security at the Premises, as more particularly described in Section 7(d) hereof, which plan shall have been approved by Lessor(the "Security Plan); and 6) Lessee shall have identified key personnel more fully described in Section 7(e)hereof. Items (1)to (6), inclusive,together constitute the Conditions Precedent. b) Lessor shall have secured fee simple title to the Property. The effectiveness of this Lease is expressly conditioned on Lessor acquiring fee simple title to the Property on terms acceptable to Lessor; and governmental approvals necessary for the transfer of the Property to Lessor. Lessee agrees and acknowledges that concerns regarding the provision of security are particularly acute in connection with sporting events, particularly where alcoholic beverages are served. Lessor agrees to reasonably evaluate within a reasonable time following receipt thereof, a detailed security plan as shall be submitted by Lessee; such a plan, once approved by Lessee, shall constitute the "Security Plan." The Security Plan shall be updated semiannually, with Lessor's approval required as to each update (subject to reasonable review by Lessor). 3.EXPIRATION This Lease shall expire on December 31, 2026, unless earlier terminated under provisions contained elsewhere in this Lease. 4.OPTIONAL EARLY TERMINATION Either Party may terminate this Lease for any reason or for no reason effective December 31, 2022, by giving written notice to the other Party on or before March 15, 2021, or effective December 31, 2024, by giving written notice to the other Party on or before March 15, 2023. 5. BASE RENT a) So long as the Base Operating Conditions (as defined in Section 7(a)) remain satisfied, Lessee shall pay Lessor one dollar ($1.00) as Base Rent per year, due on January 1 of each year during which this Lease is in effect("Base Rent Due Date"). b) During any time one or more of the Base Operating Conditions is not satisfied, the Base Rent shall be deemed to be equal to the fair market rent of the Premises in its current condition as determined in good faith by Lessor from time to time. If Lessee does not agree with Lessor's determination of fair market rent, Lessee shall have the option to contest Lessor's determination by obtaining an appraisal from a qualified certified appraiser (i.e., a qualified certified appraiser/firm must demonstrate that the person in charge of appraising the property is licensed by the California Bureau of Real Estate Appraisers at not less than a Certified General Appraiser level and is a Member of the Appraisal Institute ["MAI"]), at Lessee's cost, and shall provide Lessor a copy of the appraisal report. If Lessor does not agree to adopt the fair market rental value determined by Lessee's appraisal report then Lessor shall have the option to obtain its own appraisal report from a qualified certified appraiser(i.e., a qualified certified appraiser/firm must demonstrate that the person in charge of appraising the property is licensed by the California Bureau of Real Estate Appraisers at 3 16.b Packet Pg. 537 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 not less than a Certified General Appraiser level and is a Member of the Appraisal Institute MAI"]), at Lessor's cost, and the average rental value of the two appraisal reports shall be deemed the fair market rent for the Premises. Base Operating Conditions will only be deemed unsatisfied under this section after the default and cure provisions of section 26 below are followed. c) Base Rent shall be paid within five (5) business days from the Base Rent Due Date. Payment shall be made at Lessor's address for purposes of notice, set forth elsewhere in this Lease. Lessee shall be permitted to pay the first six years of Base Rent due under Section 5(a) above in a single lump sum payment upon execution of this Lease, but such payment shall not preclude the termination of this Lease before the expiration of six years if otherwise permitted under the terms of this Lease. d) Base Rent shall bear interest from the period due date until satisfied in full at the lesser of (i) seven percent (7%) simple interest per annum or (ii)the highest non-usurious rate of interest that may lawfully be charged by a charter city. 6. ADDITIONAL RENT a) As Additional Rent, Lessee shall pay Lessor one dollar ($1.00) for each regular season baseball game paid attendee at the Premises, after attendance at Lessee's regular season baseball games at the Premises reaches two-hundred and twenty-five thousand (225,000) paid attendees in any baseball season, inclusive of playoff games, if any. Attendance shall be determined using the Attendance Report of the California League as the official record of attendance. Additional Rent is payable on September 30 of each year during which this Lease is in effect, or as soon thereafter as regular season attendance can be determined. Payment shall be made at Lessor's address for purposes of notice, set forth elsewhere in this Lease. b) In addition, in the event Lessee fails to provide insurance, indemnify against losses, and/or provide security in conformity with the Security Plan, Lessor may, but shall not be obligated to, defray the cost to address the lack of insurance,the occurrence of any unindemnified losses, or the failure to fully implement the Security Plan. Any such costs so incurred by Lessor shall be deemed to be advances, and Lessee shall be obligated to repay Lessee for all such costs so incurred, as further Additional Rent. Payment of Additional Rent that becomes due under this Section 6(b) shall be due and payable as of the thirtieth (30th) day following presentment by Lessor. c) Additional Rent shall bear interest from the period due date until satisfied in full at the lesser of(i) seven percent (7%) simple interest per annum or (ii)the highest non-usurious rate of interest that may lawfully be charged by a charter city. 7. USE OF PREMISES a) Lessor's agreement to accept nominal Base Rent as set forth in Section 5 is expressly conditioned on and given in consideration of(i) Lessee's use of the Premises for the operation of the Team within the League, which shall be not lower than Class A — Advanced (or such other equivalent designation that may be created by MLB); (ii) the Team playing a full season schedule of games in accordance with the usual operations of the League; and (iii) Lessee not being in default under any provisions of this Lease. Operation of a minor league baseball team shall be deemed to require, without limitation, that Lessee provide food, beverage, and souvenir concessions meeting 4 16.b Packet Pg. 538 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 standards of health, cleanliness, and attractiveness required under applicable city codes and regulations (collectively, the "Base Operating Conditions"). b) While, and only while, Lessee continues to use the Premises as stated in Section 7(a), including the Base Operating Conditions, Lessee may use the Premises for other lawful purposes provided such other uses do not damage the Premises or interfere with the use of the Premises for minor league baseball. If Lessee ceases operation of the Team during the term of this Lease or if the Team is no longer a member of the League, or the level of the League is below Class A - Advanced, Lessor may at its option terminate this Lease. c) Lessee shall operate and hold open to the public the Premises continuously throughout the term of this Lease, except as may reasonably be required to perform the improvements, maintenance, and upgrades described in Sections 9 and 10, and except to the extent the Premises may become unusable due to natural disaster or other cause not attributable to the conduct of Lessee. d) Lessee shall at its sole expense provide parking, security, and janitorial personnel at all events open to the public as needed to ensure the safety and convenience of attendees. The provision of security by Lessee at the Premises is a material provision of this Lease, but for which Lessor would not have entered into this Lease. Lessee shall submit to Lessor a detailed plan for the provision of security services at the Premises, which shall apply at all times this Lease is in effect but with particular emphasis on those days and times when there is active use of the Premises. The plan shall include service levels, including number of personnel, hours, and a discussion of qualifications of personnel, chain of command, and a location of key personnel of Lessee in charge of providing or overseeing the provision of security services. Lessee agrees and acknowledges that concerns regarding the provision of security are particularly acute in connection with sporting events, especially where alcoholic beverages are served. Lessor agrees to reasonably evaluate within a reasonable time following receipt thereof, a detailed security plan as shall be submitted by Lessee; such a plan, once approved by Lessee, shall constitute the "Security Plan." The Security Plan shall be updated semiannually, with Lessor's approval required as to each update (subject to reasonable review by Lessor). e) Lessee shall identify in writing upon the commencement of this Lease the key personnel of Lessee who will be responsible for the operation of the Premises, including without limitation the General Manager of the baseball team. f) Lessor may use the Premises for non-baseball events on dates agreed to by the Parties. Lessee shall not unreasonably withhold its agreement to Lessor's use of the Premises when requested by Lessor. Lessee shall provide parking services, security, janitorial services, and concessions for such events at the same level of service as for events conducted by Lessee and in conformity with the Security Plan. Lessor shall reimburse Lessee for the costs of materials and labor incurred by Lessee due to Lessor's use of the Premises. Ticket sales revenues from non-baseball events conducted by Lessor shall be paid to Lessor after deducting reasonable and customary costs of sale incurred by Lessee; such costs shall in no event exceed thirty percent (30%) of such event revenues. Twenty percent (20%) of the gross revenues from concessions during non-baseball events conducted by Lessor shall be paid to Lessor (gross revenue shall not include any sales taxes that are collected from concession sales). Except as provided for in this section 7(f), Lessee shall be entitled to all revenues generated from the Premises. 5 16.b Packet Pg. 539 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 g) Lessee shall use diligent efforts to identify additional sources of revenue that may be derived from the Premises for special events. h) Lessor shall have the use of one luxury box at the Stadium for not fewer than 18 games per season. Lessor shall select the dates for the 18 games prior to the beginning of each baseball season. Such selection is anticipated to occur during the Liaison Committee meeting held prior to the beginning of each season, as described in Section 48. Lessor shall have full discretion in the use of the luxury box, include the rights to designate the guests who may use the box and to sell or transfer the rights to use the box. 8. TEAM NAME Throughout the term of this Lease, the name of the Team shall be "Inland Empire 66ers of San Bernardino" (the "Team Name"). The Team shall be referred to by the full Team Name in all publications, announcements, and marketing, advertising, or promotional materials disseminated by or on behalf of Lessee or any of its affiliates during the term of this Lease. Upon the commencement of this Lease, Lessee shall request of the League and all other professional and business organizations with which Lessee or the Team is affiliated that they henceforth refer to the Team by the Team Name in all of their publications, announcements, and marketing, advertising, or promotional materials. To the extent that a previous name of the Team is used on signage already in existence as of the commencement of this Lease, the Team Name shall be incorporated into the signage when it is replaced. 9.INITIAL CAPITAL IMPROVEMENTS; FUNDING a) Following the effectiveness of this Lease as provided under Section 2(a), Lessor shall make available to Lessee funding of up to one million dollars ($1,000,000) solely from the 2010 Bond Proceeds, to be used exclusively for initial capital improvements to the Premises, consisting of the replacement/reconfiguration of seats throughout the Stadium,joint sealing as most needed and/or stucco crack sealing and painting of superstructures (the "Initial Capital Improvements"). In addition to the foregoing, the Initial Capital Improvements may also include any non-maintenance related replacement or reconfiguration of any of the items described in Section 10(a) (1) through (5) of this Lease. Lessor shall not be required to use any funds from Lessor's General Fund to pay for the Initial Capital Improvements. If completion of the Initial Capital Improvements in a manner satisfactory to Lessor requires the expenditure of more than one million dollars ($1,000,000), the additional amount required shall be provided solely by Lessee. b) To access the funding for the Initial Capital Improvements, Lessee shall submit to Lessor a proposed budget itemizing the work to be performed to accomplish the Initial Capital Improvements, the cost for each item of work, and the persons or entities who will perform the work. At its option, Lessee may submit multiple budgets covering different items of work involved in the construction of the Initial Capital Improvements. In preparing budgets, Lessee shall obtain proposals from duly qualified and licensed contractors for the construction of the Initial Capital Improvements. c) In obtaining proposals, and in contracting for and performing work, Lessee and its contractors and subcontractors shall comply with all federal, state, and local ordinances, regulations, and laws concerning the expenditure of public funds, including without limitation those sections of the San Bernardino Municipal Code related to purchasing goods and services, and those sections of the California Labor Code (the "Labor Code") related to prevailing wages, hours of labor and 6 16.b Packet Pg. 540 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 employment preferences, and all other requirements pertaining to "public works," as defined in Section 1720(a) of the Labor Code. Without limitation, any construction or improvements at the Premises ("Improvements") shall be performed in compliance with all applicable provisions of (i) Labor Code Section 1720, et seq., and its implementing regulations regarding the payment of prevailing wages (the "State Prevailing Wage Law") and (ii) federal prevailing wage law ("Federal Prevailing Wage Law" and, together with State Prevailing Wage Law, the "Prevailing Wage Laws"). Lessee shall be solely responsible for determining applicability of, and complying with, the Prevailing Wage Laws. Lessor makes no representation as to the applicability or non-applicability of the Prevailing Wage Laws to Improvements, or any part thereof. d) Without limiting Section 23 of this Agreement, Lessee hereby releases from liability, and agrees to indemnify, defend, assume all responsibility for and hold Lessor and its respective elected officials, officers, employees, contractors, agents and representatives, harmless from any and all claims, demands, actions, suits, proceedings, fines, penalties, damages, expenses and/or increased costs," including reasonable attorney fees, court and litigation costs, and fees of expert witnesses, resulting from, arising out of, or based upon Lessee's acts or omissions pertaining to the development, construction, and/or operation of Improvements, including, without limitation, any and all public works as defined by applicable law. "Increased costs," as used in this Section 9(d), shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. This obligation of Lessee applies to,without limitation,the following: 1) noncompliance by Lessee with any applicable local, state and/or federal law, including, without limitation, federal and/or state labor laws and any applicable requirement to pay state prevailing wages and/or federal prevailing wages; 2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or 3) failure by Lessee to provide any required disclosure or identification required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. e) It is agreed by the Parties that, in connection with the development of Improvements, including, without limitation, any and all public works as defined by applicable law, Lessee shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. The foregoing indemnity shall survive termination of this Lease and shall continue after completion of the construction and development of Improvements by Lessee. f) Within 45 days after receipt of a budget Lessor shall approve, disapprove, or request further information on, each budget item. Upon final approval of a budget, and provided there are no uncured defaults of Lessee under this Lease, Lessor shall provide Lessee with the funding amounts allocated to the budget items subject to the requirements set forth above. g) Lessee shall require performance and payment bonds from all contractors and subcontractors engaged to perform work under this Section 9. Lessee shall keep the Premises free and clear of, and hold Lessor harmless against, any stop notices, liens, or other encumbrances or claims asserted by such contractors or subcontractors. 7 16.b Packet Pg. 541 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 h) On or before each December 31, Lessee shall submit to Lessor an accounting showing the use of the funding provided for the budgeted items for the preceding 12 months, if any, prepared at Lessee's expense by a certified public accountant acceptable to Lessor. 10. REGULAR MAINTENANCE AND UPGRADES; FUNDING a) Lessee is responsible, at its sole expense except as provided in Sections 9(a) and 10(b) of this Lease, for furnishing all labor and materials necessary for the regular maintenance of the Premises, including without limitation: 1) Structural parts of buildings and other improvements, including foundations, bearing and exterior walls including glass and doors, subflooring, and roof. 2) Electrical, plumbing, and sewage systems contained within the Premises. 3) Window frames, gutters, and downspouts. 4) Heating, ventilation and air conditioning systems servicing the Premises, including changing heating and air conditioning filters every four(4) months. 5) Grounds, including parking areas, outside lighting, grass, field surfaces, turf, trees, shrubbery and other vegetation. 6) Janitorial services sufficient to keep the interior of the Premises in a clean and orderly condition. 7) Monthly or more frequent inspection of the Premises to identify needed maintenance. b) In addition to the Initial Capital Improvements funding described in Section 9, for each of the first five calendar years this Lease is in effect, Lessor shall contribute $200,000 each year solely from the 2010 Bond Proceeds for the maintenance described in Section 10(a). Lessee shall provide Lessor an accounting of its use of these funds each year, prepared at Lessee's expense by a certified public accountant acceptable to Lessor. To the extent all of the funds received during a year are not used during that year, the remaining funds will be carried over into successive years. If upon the expiration or other termination of this Lease there remains an unused balance of these funds, such remaining balance shall be returned to Lessor. Lessor shall not be required to use any funds from Lessor's General Fund to pay for said maintenance. The funds provided may also be used for upgrades or improvements to the Premises at the option of Lessee, provided regular maintenance is not compromised thereby. The budgeting and accounting procedure set forth in Section 9(b) and (f) shall apply to the use of funds pursuant to this Section. Unused amounts may be carried forward to the next year. If the performance of the maintenance described in Section 10(a) in a manner satisfactory to Lessor requires the expenditure of more than the maximum amount to be provided by Lessor pursuant to this Section 10(b), the additional amount required shall be provided solely by Lessee. 11. SOURCE OF FUNDS Funding for the Initial Capital Improvements described in Section 9 and the regular maintenance and upgrades or improvements described in Section 10 shall come solely from the 2010 8 16.b Packet Pg. 542 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 Bond Proceeds referenced in Recital I. Lessor shall not be required to use its General Fund money for these purposes. 12. ALCOHOLIC BEVERAGE SALES Provided that Lessee shall have obtained, at its cost, all necessary permits and approvals for the sale of alcoholic beverages, Lessee may sell alcoholic beverages at the Premises in compliance with all applicable regulations and licensing requirements of the California Department of Alcoholic Beverage Control and any other governmental agency, including Lessor, having jurisdiction over such sale. 13. SIGNS Lessee shall secure Lessor's approval of all permanent signs that are placed on the Premises. Lessee also shall secure Lessor's approval of all permanent signs that are placed by Lessee in other locations and that refer to the Premises. "Permanent signs" are signs that are attached to buildings or other structures, or to the ground in a manner that prevents them from being readily moved. 14. NAME OF STADIUM The current name of the Stadium is "San Manuel Stadium" pursuant to the terms of a sponsorship agreement("Sponsor Agreement")between Lessee and the San Manuel Band of Mission Indians ("San Manuel"). Lessee shall be permitted to enter into future Sponsor Agreements with San Manuel or other entities with Lessor's consent and shall be allowed to change the name of the Stadium (at Lessee's cost) as may be required by such future Sponsor Agreements. Lessor's consent to such future Sponsor Agreements shall not be unreasonably withheld but may be conditioned upon an equitable and mutually agreeable allocation between the Parties of revenue from such future Sponsor Agreements. Lessee shall throughout the term of this Lease provide Lessor with current updated copies of all Sponsor Agreements entered into by Lessee that are in effect during any part of the term of this Lease. 15. RETURN OF PREMISES Upon the expiration or termination of this Lease, Lessee shall return the Premises in as good condition and repair as the Premises are in at the commencement of this Lease, reasonable wear and tear excepted. 16. HOLDING OVER Lessee shall not hold over and continue to occupy the Premises after the expiration of this Lease without the written consent of Lessor, which may be given or withheld in the sole discretion of Lessor. In the event Lessee holds over with Lessor's consent, the tenancy shall be deemed to be a tenancy from month to month upon the same terms and conditions as are set forth in this Lease. 17. TAXES a) Lessor shall pay when due all real property taxes and general and special assessments levied and assessed against the Premises. b) Lessee shall pay when due all sales taxes on taxable items sold at the Premises. 9 16.b Packet Pg. 543 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 c) Lessee acknowledges that this Lease may create a possessory interest subject to property taxation pursuant to California Revenue and Taxation Code Section 107, and that Lessee may be subject to the payment of property taxes levied on the interest. Lessee shall pay any such taxes when due. Lessee acknowledges that the levy of such taxes is determined by the County Assessor and the property value used in such a determination may bear no relationship to the stated rent under this Lease. 18. REMOVAL; WASTE; DISCHARGE OF SUBSTANCES Lessee shall not cut timber, conduct mining operations, remove sand, gravel, or similar substances from the ground, or commit waste of any kind on the Premises, or in any manner substantially change the contour or condition of the Premises, except as may be authorized under this Lease. Lessee shall not cause or allow the discharge of any substances from the Premises which will contaminate streams or other bodies of water or otherwise become a public nuisance. Lessee shall comply with all federal, state, and local laws, regulations, ordinances, conditions, or directives relating to the discharge of substances into streams or other bodies of water. 19. HEALTH, SAFETY,AND FIRE PROTECTION Lessee shall, at its sole expense except as provided in Sections 9 and 10, ensure that the Premises comply with all statutes, regulations, ordinances, and governmental directives pertaining to public health, safety, and fire protection, including without limitation all applicable building codes and the applicable requirements of the Americans with Disabilities Act and related state laws. 20. ALTERATIONS Lessee shall not modify buildings or other structures or facilities on the Premises without Lessor's prior written consent which shall not be unreasonably conditioned or withheld. If Lessee wishes to make any modifications, Lessee shall submit a written application to Lessor for such purpose. If Lessor approves any such modifications,then the cost of any such modifications shall be the sole responsibility of Lessee. 21. FIXTURES Lessee may install shelving and fixtures, and may remove the same provided that Lessee restores the Premises to their condition at the commencement of this Lease, reasonable wear and tear excepted. 22. UTILITIES Lessee shall pay when due all utilities provided to the Premises, including without limitation electric, gas, water, sewer, trash, fire alarm service, security, telephone, cable, and internet services. If Lessee fails to make any utility payment when due, Lessor may (but shall not be required to) pay the unpaid amount(s), in which event Lessee shall reimburse Lessor for such amount(s), plus interest at the legal rate from the date of payment until paid in full. 23. INDEMNITY Lessee shall indemnify and hold Lessor, its elected officials, employees, agents, and representatives harmless from all claims, actions, damages and liabilities for bodily injury, death, or 10 16.b Packet Pg. 544 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 property damage caused by any act or omission of Lessee, its employees, agents, or subcontractors and arising out of Lessee's use and occupation of the Premises under this Lease, including without limitation the granting by Lessee of any concessions, licenses or other permissions for the use of the Premises. Lessee shall defend said indemnified parties against any legal actions based upon any such act or omission. Lessee waives all rights of express or implied indemnity against Lessor, its elected officials, employees, agents or representatives, with respect to third party claims against Lessee arising out of or in any way connected with this Lease. 24. INSURANCE a) Lessee shall maintain during the term of this Lease the following insurance and shall provide evidence thereof to Lessor, including certificates of insurance: 1) Comprehensive general liability, including premises liability and operations, products and completed operations, broad form property damage, blanket contractual liability, and personal injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. Said insurance shall include, or Lessee shall obtain additional coverage to include, liability from the sale of merchandise, food and beverages, including alcohol, and from advertising and broadcasting in the event Lessee engages or subcontracts any advertising or broadcasting. 2) Automobile liability for owned, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence. 3) Worker's compensation insurance as required by the State of California. b) The policy or policies described in Sections 24(a)(1) and (2) shall contain or be endorsed to contain provisions to the following effect: 1) Lessor and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to liability arising out of this Lease or Lessee's use of the Premises, and the insurance shall be considered to be separate insurance as to each named and each additional insured. 2) The policy shall not be terminated or cancelled, or the coverage reduced, without at least thirty (30) days' written notice to Lessor. 3) Coverage as provided by Lessee shall be primary (insurance, if any, maintained by Lessor shall be excess and not contributing with respect to the insurance to be provided by Lessee). 4) All policies described in Section 24(a) shall provide or be endorsed to provide that the insurer waives subrogation against Lessor and its elected and appointed boards, officers, agents, and employees. 5) Lessee shall provide Lessor with certificates of insurance showing the coverages and endorsements described above, in a form and content approved by Lessor, prior to conducting any operations pursuant to this Lease. 6) Nothing in this section shall limit in any way Lessee's indemnity and defense obligations set forth in Section 23. 11 16.b Packet Pg. 545 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 25. DESTRUCTION OF PREMISES a) If any portion of the Premises becomes unusable for the purpose intended while this Lease is in effect due to causes not attributable to any act or omission of Lessee, Lessee shall restore the Premises to usable condition as promptly as reasonably possible using the funds provided pursuant to Section 10. If said funds,together with any insurance proceeds, are insufficient to restore the Premises, Lessee may make up the difference from its own funds at its option. Should Lessee decline to do so, Lessor may at its option terminate this Lease on 30 days' written notice to Lessee, or may restore the Premises at its own expense and maintain this Lease in effect. b) If any portion of the Premises becomes unusable for the purpose intended while this Lease is in effect due to any act or omission of Lessee, Lessee shall restore the Premises to usable condition as promptly as reasonably possible at its sole expense. 26. DEFAULT AND CURE Failure by either Party to perform any obligation under this Lease shall constitute a default unless said Party performs said obligation within thirty (30) days following receipt of written notice from the other Party. If performance of the obligation cannot reasonably be completed within thirty 30) days of said notice, the nonperformance shall not constitute a default if the nonperforming party commences performance within said period and completes performance as soon as reasonably possible, but in no event to exceed ninety (90) days. 27. REMEDIES ON DEFAULT; TERMINATION Default by either Party as described in Section 26 shall entitle the other Party at its option to terminate this Lease immediately upon written notice to the Party in default. With or without terminating the Lease, the Party not in default may pursue any remedies legally available to it, except that said Party shall not commence formal legal action without first pursuing arbitration pursuant to Section 28 unless immediate legal action is necessary to prevent irreparable injury to persons or property. Notwithstanding the foregoing portion of this Section 27, in the event a Party fails to perform an obligation under this Lease, the other Party may give notice of default. If the default is not cured within the period set forth therefor in Section 26, the Party giving notice may terminate this Lease upon giving written notice to the other Party so stating without the necessity of engaging in arbitration under Section 28. 28. ARBITRATION a) Except as provided in Section 27, neither Party shall pursue legal action against the other on account of any dispute arising out of this Lease without first demanding arbitration pursuant to this section. Within ten (10) days of receiving a demand for arbitration, the Party receiving the demand shall notify the other Party of its agreement to arbitrate and the Parties shall thereafter pursue arbitration as described in this section. If the Party receiving a demand for arbitration does not notify the other Party of its agreement to arbitrate within said ten (10) day period, the other Party may commence legal action for the sole purpose of compelling arbitration. 12 16.b Packet Pg. 546 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 b) Arbitration pursuant to this section shall be conducted according to the provisions of Title 9 of Part 3 of the California Code of Civil Procedure, with the exception of Chapter 4 of said Title. Alternatively, at the Parties' election, arbitration may be conducted through IVAMS Arbitration and Mediation Services pursuant to the IVAMS Administrative and Arbitration Rules as amended January 28, 2013 or thereafter. c) Arbitration pursuant to this section shall be nonbinding. A Party dissatisfied with the outcome of any arbitration may pursue any and all remedies legally available to it. d) Costs of arbitration shall be borne equally by the Parties. Each Party shall bear its own attorney fees associated with arbitration. e) Applicable statutes of limitations on any claims pursued through arbitration shall be tolled from the sending of a demand for arbitration until thirty (30) days following the final arbitration decision. 29. LESSOR'S ACCESS TO PREMISES Lessor and its authorized representatives shall have the right to enter the Premises at all reasonable times upon at least twenty-four (24) hours' notice to Lessee for purposes of inspection, repair or maintenance, display of the Premises to prospective brokers, agents, buyers, tenants, or lenders, or any other purpose reasonably related to Lessor's ownership of, and investment in, the Premises. Lessor shall exercise its right of access in a manner that minimizes any inconvenience to Lessee. 30. NOTICES a) Any notices required under this Lease shall be given by personal delivery, private delivery service, or United States Mail. Notices are effective on receipt, which shall be rebuttably presumed to be the day of delivery as established by written evidence thereof. Notices shall be valid if delivered to the following addresses: TO LESSOR: TO LESSEE: City of San Bernardino Inland Empire 66ers Baseball ATTN: City Manager Club of San Bernardino, Inc. 300 N. "D" Street, 6`" Floor ATTN: General Manager San Bernardino, CA 92418 280 South E Street San Bernardino, CA 92401 b) Either Party may change its address for delivery of notices by notifying the other Party in conformity with this section. 31. ASSIGNMENT Lessee shall not voluntarily or by operation of law assign, transfer, sublet or encumber Lessee's interest in the Premises in whole or in part without Lessor's prior written consent to be given or withheld in Lessor's sole discretion. Any attempted assignment, transfer, subletting, or encumbrance made without such consent shall be void and shall constitute a breach of this Lease and cause for the termination of this Lease. Regardless of Lessor's consent, no subletting or assignment 13 16.b Packet Pg. 547 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 shall release Lessee of its obligation to perform all of its obligations hereunder for the term of this Lease. Lessee may license the use of the Premises to its concessionaires or other third parties with Lessor's prior written consent,which shall not be unreasonably withheld. 32. ENTIRE AGREEMENT This Lease constitutes the Parties' entire agreement and understanding with respect to the subject matter addressed herein and supersedes any prior or contemporaneous agreements and understandings relating to said subject matter. 33. REMEDIES AND WAIVER All remedies available to either Party for breach of this Lease by the other Party are cumulative and may be exercised separately or concurrently without waiver of any other remedy. The delay or failure of either Party to require performance by the other of any of its obligations under this Lease shall not be deemed a waiver of the right to require such performance. No waiver of any provision of this Lease shall be effective unless it is made in writing and signed by a duly authorized representative of the Party against whom it is sought to be enforced. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of such right or remedy with respect to any future occurrences or events and shall not be deemed a continuing waiver. 34. AMENDMENT No amendment to this Lease shall be effective unless it is in writing and signed by both Parties and, in the case of Lessor, approved by the Mayor and Common Council of the City of San Bernardino. 35. SUCCESSORS AND ASSIGNS This Lease shall be binding on and inure to the benefit of the Parties' successors and assigns. 36. COVENANTS AND CONDITIONS The obligations of the Parties under this Lease shall be deemed to be both covenants and conditions. 37. CHOICE OF LAW This Lease shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. 38. VENUE Venue for any legal action or proceeding arising out of this Lease shall be the Superior Court of the State of California for the County of San Bernardino or the United States District Court for the Central District of California, Riverside Division. This choice of venue is intended to be mandatory and not permissive. 14 16.b Packet Pg. 548 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 39. PUBLIC RECORDS ACT DISCLOSURE Lessee acknowledges that all information received by Lessor concerning this Lease, including the Lease itself, may be treated as public information subject to disclosure under the California Public Records Act, Government Code Section 6250 et seq. 40. CONDEMNATION If any legally constituted authority condemns all or part of the Premises for a public use through the exercise of the power of eminent domain, and said condemnation results in a taking of property that renders the Premises unsuitable for the purposes of this Lease, this Lease shall terminate when the public authority takes possession of such property. 41. INTERPRETATION This Lease was jointly negotiated and drafted by both Parties and shall not be construed in favor of or against either Party on account of authorship of any of its provisions. 42. COUNTERPARTS This Lease may be executed in counterparts, each of which shall be deemed to be an original, but all of which,taken together, shall constitute one and the same agreement. 43. FORCE MAJEURE A Party shall not be liable for any failure or delay in the performance of this Lease for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to earthquakes or other natural disasters, acts of war, strikes or labor disputes, embargoes, governmental orders or any other force majeure event. 44. COMPLIANCE WITH LAW Lessee agrees to abide by all federal, state, and local laws, ordinances and regulations. 45. NON-DISCRIMINATION In the performance of this Lease, the use of the Premises, and in the hiring and recruitment of employees, Lessee shall not engage in, or permit its officers, employees or agents to engage in, discrimination against any person because of his or her race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 46. REGULATORY AUTHORITY Lessee acknowledges and agrees that Lessor in its capacity as a municipality and a charter city has certain governmental regulatory authority over the Premises. Lessee agrees that nothing in this Lease shall require Lessor to exercise that authority in any particular manner. Lessee agrees in its use and operation of the Premises to comply with all requirements imposed by Lessor in its capacity as a governmental regulatory body. Lessee agrees that all costs of such compliance are the sole responsibility of Lessee. 15 16.b Packet Pg. 549 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 47. RELATIONSHIP OF PARTIES The Parties are separate and independent entities. Execution and performance of this Lease shall not make Lessee or its officers, agents, employees, or contractors the agents or employees of Lessor. 48. LIAISON COMMITTEE Each Party shall each appoint an appropriate number of representatives to a joint committee to communicate on a continual basis. The committee shall conduct at least two (2) in-person meetings annually to tour the Premises and discuss the financial condition of the Parties and the physical condition of the Premises. Further, at least one of the Liaison Committee meetings shall occur before the baseball season begins. IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease Agreement to be executed by their duly authorized respective officers, effective as of the day and year as set forth above. CITY OF SAN BERNARDINO: By: Date: Title: INLAND EMPIRE 66ers BASEBALL CLUB OF SAN BERNARDINO, INC. By: Date: Title: APPROVED AS TO FORM: GARY D. SAENZ, City Attorney r By: 16 16.b Packet Pg. 550 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 M LEASE AGREEMENT CITY OF SAN BERNARDINO and INLAND EMPIRE 66ers BASEBALL CLUB OF SAN BERNARDINO,INC. LESSOR: CITY OF SAN BERNARDINO 300 North"D" Street San Bernardino, CA 92418 LESSEE: INLAND EMPIRE 66ers BASEBALL CLUB OF SAN BERNARDINO, INC. PARTY:Each of Lessor and Lessee PREMISES: 280 South E Street San Bernardino, CA 92401 Assessor's Parcel No. 0136-111-23 TERM: From commencement until December 31,2026 COMMENCEMENT DATE: The later of: the date of Lessor's acquisition of fee simple title to the leasehold premises,or January 1, 2017 DATE OF LEASE: November_ 7 ,2016 16.b Packet Pg. 551 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 RECITALS A. The City of San Bernardino ("Lessor") is a charter city in the County of San Bernardino, State of California. B. The Inland Empire 66ers Baseball Club of San Bernardino, Inc. ("Lessee") is a corporation organized under California law. Lessee operates a Class A-Advanced minor league baseball team which is a member of the California League (the "League"). Lessor and Lessee may be individually referred to in this Lease as a"Party," and collectively as the "Parties." C. Lessee occupies an approximately 1,184,832 square-foot baseball stadium Stadium") and related facilities on a 27.20-acre parcel of land designated as Assessor's Parcel Number 0136-111-23 and located at 280 South E Street in the City of San Bernardino (the Property"). A lease concerning certain rights of use as to the Property was executed by Lessor and Lessee on June 18, 1996, and expires on December 31, 2016. The leasehold interest is as to rights to use the Property and improvements thereon, all as provided under such lease. D. The Property is owned by the City of San Bernardino as Successor Agency Successor Agency") to the former Redevelopment Agency of the City of San Bernardino ("former RDA"), a separate legal entity from Lessor established by Section 34173 of the California Health and Safety Code ("HSC"). Lessor is the sponsoring entity of the Successor Agency as defined in HSC Section 34171(n). Certain actions of the Successor Agency are subject to the approval of its Oversight Board ("Oversight Board") established by HSC Section 34179. E. Improvements located at the Property are in need of certain repairs and improvements, as well as regular maintenance. The Successor Agency lacks funds to pay for these items and does not expect to have moneys applicable for such purpose in the future. F. Pursuant to HSC Section 34191.5(b), the Successor Agency prepared and submitted to the California Department of Finance ("DOF") a long-range property management plan LRPMP") which was approved by DOF on December 31, 2015. The LRPMP governs the Successor Agency's disposition of its real property assets, including the Property. As a part of its approval of the LRPMP, DOF has required that the Property be sold, and has advised the Successor Agency that the Property can be sold to a third party or to a public entity, which could include Lessor. The LRPMP requires that the Successor Agency obtain Oversight Board and DOF approval of property sales, and requires that properties be listed for sale at or above appraised fair market value or another amount approved by the Oversight Board. Oversight Board and DOF approval of the conveyance of the Property by the Successor Agency to Lessor at a sales price acceptable to Lessor in its sole discretion are conditions precedent to the effectiveness of this Lease. G. Consistent with the foregoing, Lessor intends to seek to purchase the Property from the Successor Agency and then lease an interest therein, as more particularly provided herein (which leasehold interest is as to land and improvements thereto; namely the "Premises") to Lessee pursuant to this Lease Agreement ("Lease"). Therefore, the effectiveness of this Lease is conditioned upon Lessor obtaining fee simple ownership of the Property consistent with the provisions previously described. H. Lessor is a municipal bankruptcy debtor in the matter of In re City of San Bernardino, California, Case No. 6:12-bk-28006-MJ in the United States Bankruptcy Court for the 16.b Packet Pg. 552 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 Central District of California, Riverside Division. In connection with its plan for the adjustment of its debts in order to achieve solvency, Lessor submitted to the bankruptcy court on September 30, 2016 the City of San Bernardino Long-Range Financial Plan (Financial Model). The Financial Model does not include funding for the repairs and capital improvements or the maintenance that are needed at the Property. Further, Lessor shall not be required to use any of Lessor's General Fund money to pay any expense contemplated by this Lease. I.Pursuant to HSC Section 34191.4(c), proceeds from the 2010A and 2010B Tax Allocation Bonds issued by the San Bernardino Joint Powers Financing Authority on behalf of the former RDA (2010 Bond Proceeds) may be used to fund municipal improvements within the corporate limits of the City of San Bernardino. On March 21, 2016, the Successor Agency and Lessor entered into a Bond Expenditure Agreement (BEA) for the purpose of transferring responsibility for the management of the use of the 2010 Bond Proceeds to Lessor. The BEA was approved by the Oversight Board and DOF. Lessor therefore proposes that a portion of the 2010 Bond Proceeds be used for the repairs and improvements and maintenance that are needed at the Premises consistent with the provisions described in this Lease. AGREEMENT 1.INCORPORATION OF RECITALS The foregoing Recitals are true and are incorporated here and made a part of this Lease. 2.COMMENCEMENT AND CONDITIONS TO EFFECTIVENESS Upon the later to occur of. (i)the Commencement Date; or (ii)the satisfaction of those conditions set forth in part (a) of this Section (the "Conditions Precedent"), Lessor leases the Premises to Lessee for the term set forth herein on the terms and conditions set forth herein. a) Conditions Precedent. The obligation of Lessor to deliver possession of the Premises pursuant to this Lease and the obligations of the Parties hereto are subject to the prior satisfaction of each of the following: 1) Lessor shall have acquired fee simple title to the Property in condition acceptable to Lessor; 2) Lessee shall have provided evidence reasonably satisfactory to Lessor that Lessee is a corporation in good standing, that the individual or individuals signing this Lease on behalf of Lessee are authorized to, and by executing this Lease do, bind the Lessee, and that Lessee has obtained all necessary authorizations for Lessee to continue to operate the Inland Empire 66ers Baseball Club (the "Team") as a team in the California League, which Team must be classified Class A — Advanced or better (or such equivalent designation as Major League Baseball ("MLB") may designate in the future); 3) Lessee shall have provided evidence reasonably satisfactory to Lessor that Lessee has obtained all insurance required to be procured by Lessee pursuant to this Lease (including without limitation Section 24 hereof), including endorsements as set forth in Section 24 hereof, 4) No administrative action or litigation shall, to the best knowledge of either of the Parties hereto have been commenced which is inconsistent with this Lease being effective; 2 16.b Packet Pg. 553 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 5) Lessee shall have provided to Lessor a plan for the provision of security at the Premises, as more particularly described in Section 7(d) hereof, which plan shall have been approved by Lessor(the "Security Plan); and 6) Lessee shall have identified key personnel more fully described in Section 7(e)hereof. Items (1) to (6), inclusive, together constitute the Conditions Precedent. b) Lessor shall have secured fee simple title to the Property. The effectiveness of this Lease is expressly conditioned on Lessor acquiring fee simple title to the Property on terms acceptable to Lessor; and governmental approvals necessary for the transfer of the Property to Lessor. Lessee agrees and acknowledges that concerns regarding the provision of security are particularly acute in connection with sporting events, particularly where alcoholic beverages are served. Lessor agrees to reasonably evaluate within a reasonable time following receipt thereof, a detailed security plan as shall be submitted by Lessee; such a plan, once approved by Lessee, shall constitute the "Security Plan." The Security Plan shall be updated semiannually, with Lessor's approval required as to each update (subject to reasonable review by Lessor). 3. EXPIRATION This Lease shall expire on December 31, 2026, unless earlier terminated under provisions contained elsewhere in this Lease. 4.OPTIONAL EARLY TERMINATION Either Party may terminate this Lease for any reason or for no reason effective December 31, 2022, by giving written notice to the other Party on or before March 15, 2021, or effective December 31, 2024, by giving written notice to the other Party on or before March 15, 2023. 5.BASE RENT a) So long as the Base Operating Conditions (as defined in Section 7(a)) remain satisfied, Lessee shall pay Lessor one dollar ($1.00) as Base Rent per year, due on January 1 of each year during which this Lease is in effect("Base Rent Due Date"). b) During any time one or more of the Base Operating Conditions is not satisfied, the Base Rent shall be deemed to be equal to the fair market rent of the Premises in its current condition as determined in good faith by Lessor from time to time. If Lessee does not agree with Lessor's determination of fair market rent, Lessee shall have the option to contest Lessor's determination by obtaining an appraisal from a qualified certified appraiser (i.e., a qualified certified appraiser/firm must demonstrate that the person in charge of appraising the property is licensed by the California Bureau of Real Estate Appraisers at not less than a Certified General Appraiser level and is a Member of the Appraisal Institute ["MAI"]), at Lessee's cost, and shall provide Lessor a copy of the appraisal report. If Lessor does not agree to adopt the fair market rental value determined by Lessee's appraisal report then Lessor shall have the option to obtain its own appraisal report from a qualified certified appraiser (i.e., a qualified certified appraiser/firm must demonstrate that the person in charge of appraising the property is licensed by the California Bureau of Real Estate Appraisers at 3 16.b Packet Pg. 554 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 not less than a Certified General Appraiser level and is a Member of the Appraisal Institute MAI"]), at Lessor's cost, and the average rental value of the two appraisal reports shall be deemed the fair market rent for the Premises. Base Operating Conditions will only be deemed unsatisfied under this section after the default and cure provisions of section 26 below are followed. c) Base Rent shall be paid within five (5) business days from the Base Rent Due Date. Payment shall be made at Lessor's address for purposes of notice, set forth elsewhere in this Lease. Lessee shall be permitted to pay the first six years of Base Rent due under Section 5(a) above in a single lump sum payment upon execution of this Lease, but such payment shall not preclude the termination of this Lease before the expiration of six years if otherwise permitted under the terms of this Lease. d) Base Rent shall bear interest from the period due date until satisfied in full at the lesser of (i) seven percent (7%) simple interest per annum or (ii)the highest non-usurious rate of interest that may lawfully be charged by a charter city. 6. ADDITIONAL RENT a) As Additional Rent, Lessee shall pay Lessor one dollar ($1.00) for each regular season baseball game paid attendee at the Premises, after attendance at Lessee's regular season baseball games at the Premises reaches two-hundred and twenty-five thousand (225,000) paid attendees in any baseball season, inclusive of playoff games, if any. Attendance shall be determined using the Attendance Report of the California League as the official record of attendance. Additional Rent is payable on September 30 of each year during which this Lease is in effect, or as soon thereafter as regular season attendance can be determined. Payment shall be made at Lessor's address for purposes of notice, set forth elsewhere in this Lease. b) In addition, in the event Lessee fails to provide insurance, indemnify against losses, and/or provide security in conformity with the Security Plan, Lessor may, but shall not be obligated to, defray the cost to address the lack of insurance,the occurrence of any unindemnified losses, or the failure to fully implement the Security Plan. Any such costs so incurred by Lessor shall be deemed to be advances, and Lessee shall be obligated to repay Lessee for all such costs so incurred, as further Additional Rent. Payment of Additional Rent that becomes due under this Section 6(b) shall be due and payable as of the thirtieth (30th) day following presentment by Lessor. c) Additional Rent shall bear interest from the period due date until satisfied in full at the lesser of(i) seven percent (7%) simple interest per annum or (ii)the highest non-usurious rate of interest that may lawfully be charged by a charter city. 7.USE OF PREMISES a) Lessor's agreement to accept nominal Base Rent as set forth in Section 5 is expressly conditioned on and given in consideration of(i) Lessee's use of the Premises for the operation of the Team within the League, which shall be not lower than Class A — Advanced (or such other equivalent designation that may be created by MLB); (ii) the Team playing a full season schedule of games in accordance with the usual operations of the League; and (iii) Lessee not being in default under any provisions of this Lease. Operation of a minor league baseball team shall be deemed to require, without limitation, that Lessee provide food, beverage, and souvenir concessions meeting 4 16.b Packet Pg. 555 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 standards of health, cleanliness, and attractiveness required under applicable city codes and regulations (collectively, the "Base Operating Conditions"). b) While, and only while, Lessee continues to use the Premises as stated in Section 7(a), including the Base Operating Conditions, Lessee may use the Premises for other lawful purposes provided such other uses do not damage the Premises or interfere with the use of the Premises for minor league baseball. If Lessee ceases operation of the Team during the term of this Lease or if the Team is no longer a member of the League, or the level of the League is below Class A - Advanced, Lessor may at its option terminate this Lease. c) Lessee shall operate and hold open to the public the Premises continuously throughout the term of this Lease, except as may reasonably be required to perform the improvements, maintenance, and upgrades described in Sections 9 and 10, and except to the extent the Premises may become unusable due to natural disaster or other cause not attributable to the conduct of Lessee. d) Lessee shall at its sole expense provide parking, security, and janitorial personnel at all events open to the public as needed to ensure the safety and convenience of attendees. The provision of security by Lessee at the Premises is a material provision of this Lease, but for which Lessor would not have entered into this Lease. Lessee shall submit to Lessor a detailed plan for the provision of security services at the Premises, which shall apply at all times this Lease is in effect but with particular emphasis on those days and times when there is active use of the Premises. The plan shall include service levels, including number of personnel, hours, and a discussion of qualifications of personnel, chain of command, and a location of key personnel of Lessee in charge of providing or overseeing the provision of security services. Lessee agrees and acknowledges that concerns regarding the provision of security are particularly acute in connection with sporting events, especially where alcoholic beverages are served. Lessor agrees to reasonably evaluate within a reasonable time following receipt thereof, a detailed security plan as shall be submitted by Lessee; such a plan, once approved by Lessee, shall constitute the "Security Plan." The Security Plan shall be updated semiannually, with Lessor's approval required as to each update (subject to reasonable review by Lessor). e) Lessee shall identify in writing upon the commencement of this Lease the key personnel of Lessee who will be responsible for the operation of the Premises, including without limitation the General Manager of the baseball team. f) Lessor may use the Premises for non-baseball events on dates agreed to by the Parties. Lessee shall not unreasonably withhold its agreement to Lessor's use of the Premises when requested by Lessor. Lessee shall provide parking services, security, janitorial services, and concessions for such events at the same level of service as for events conducted by Lessee and in conformity with the Security Plan. Lessor shall reimburse Lessee for the costs of materials and labor incurred by Lessee due to Lessor's use of the Premises. Ticket sales revenues from non-baseball events conducted by Lessor shall be paid to Lessor after deducting reasonable and customary costs of sale incurred by Lessee; such costs shall in no event exceed thirty percent (30%) of such event revenues. Twenty percent (20%) of the gross revenues from concessions during non-baseball events conducted by Lessor shall be paid to Lessor (gross revenue shall not include any sales taxes that are collected from concession sales). Except as provided for in this section 7(f), Lessee shall be entitled to all revenues generated from the Premises. 5 16.b Packet Pg. 556 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 g) Lessee shall use diligent efforts to identify additional sources of revenue that may be derived from the Premises for special events. h) Lessor shall have the use of one luxury box at the Stadium for not fewer than 18 games per season. Lessor shall select the dates for the 18 games prior to the beginning of each baseball season. Such selection is anticipated to occur during the Liaison Committee meeting held prior to the beginning of each season, as described in Section 48. Lessor shall have full discretion in the use of the luxury box, include the rights to designate the guests who may use the box and to sell or transfer the rights to use the box. 8.TEAM NAME Throughout the term of this Lease, the name of the Team shall be "Inland Empire 66ers of San Bernardino" (the "Team Name"). The Team shall be referred to by the full Team Name in all publications, announcements, and marketing, advertising, or promotional materials disseminated by or on behalf of Lessee or any of its affiliates during the term of this Lease. Upon the commencement of this Lease, Lessee shall request of the League and all other professional and business organizations with which Lessee or the Team is affiliated that they henceforth refer to the Team by the Team Name in all of their publications, announcements, and marketing, advertising, or promotional materials. To the extent that a previous name of the Team is used on signage already in existence as of the commencement of this Lease, the Team Name shall be incorporated into the signage when it is replaced. 9.INITIAL CAPITAL IMPROVEMENTS; FUNDING a) Following the effectiveness of this Lease as provided under Section 2(a), Lessor shall make available to Lessee funding of up to one million dollars ($1,000,000) solely from the 2010 Bond Proceeds, to be used exclusively for initial capital improvements to the Premises, consisting of the replacement/reconfiguration of seats throughout the Stadium,joint sealing as most needed and/or stucco crack sealing and painting of superstructures (the "Initial Capital Improvements"). In addition to the foregoing, the Initial Capital Improvements may also include any non-maintenance related replacement or reconfiguration of any of the items described in Section 10(a) (1) through (5) of this Lease. Lessor shall not be required to use any funds from Lessor's General Fund to pay for the Initial Capital Improvements. If completion of the Initial Capital Improvements in a manner satisfactory to Lessor requires the expenditure of more than one million dollars ($1,000,000), the additional amount required shall be provided solely by Lessee. b) To access the funding for the Initial Capital Improvements, Lessee shall submit to Lessor a proposed budget itemizing the work to be performed to accomplish the Initial Capital Improvements, the cost for each item of work, and the persons or entities who will perform the work. At its option, Lessee may submit multiple budgets covering different items of work involved in the construction of the Initial Capital Improvements. In preparing budgets, Lessee shall obtain proposals from duly qualified and licensed contractors for the construction of the Initial Capital Improvements. c) In obtaining proposals, and in contracting for and performing work, Lessee and its contractors and subcontractors shall comply with all federal, state, and local ordinances, regulations, and laws concerning the expenditure of public funds, including without limitation those sections of the San Bernardino Municipal Code related to purchasing goods and services, and those sections of the California Labor Code (the "Labor Code") related to prevailing wages, hours of labor and 6 16.b Packet Pg. 557 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 employment preferences, and all other requirements pertaining to "public works," as defined in Section 1720(a) of the Labor Code. Without limitation, any construction or improvements at the Premises ("Improvements") shall be performed in compliance with all applicable provisions of (i) Labor Code Section 1720, et seq., and its implementing regulations regarding the payment of prevailing wages (the "State Prevailing Wage Law") and (ii) federal prevailing wage law ("Federal Prevailing Wage Law" and, together with State Prevailing Wage Law, the "Prevailing Wage Laws"). Lessee shall be solely responsible for determining applicability of, and complying with, the Prevailing Wage Laws. Lessor makes no representation as to the applicability or non-applicability of the Prevailing Wage Laws to Improvements, or any part thereof. d) Without limiting Section 23 of this Agreement, Lessee hereby releases from liability, and agrees to indemnify, defend, assume all responsibility for and hold Lessor and its respective elected officials, officers, employees, contractors, agents and representatives, harmless from any and all claims, demands, actions, suits, proceedings, fines, penalties, damages, expenses and/or increased costs," including reasonable attorney fees, court and litigation costs, and fees of expert witnesses, resulting from, arising out of, or based upon Lessee's acts or omissions pertaining to the development, construction, and/or operation of Improvements, including, without limitation, any and all public works as defined by applicable law. "Increased costs," as used in this Section 9(d), shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. This obligation of Lessee applies to, without limitation,the following: 1) noncompliance by Lessee with any applicable local, state and/or federal law, including, without limitation, federal and/or state labor laws and any applicable requirement to pay state prevailing wages and/or federal prevailing wages; 2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or 3) failure by Lessee to provide any required disclosure or identification required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. e) It is agreed by the Parties that, in connection with the development of Improvements, including, without limitation, any and all public works as defined by applicable law, Lessee shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. The foregoing indemnity shall survive termination of this Lease and shall continue after completion of the construction and development of Improvements by Lessee. f) Within 45 days after receipt of a budget Lessor shall approve, disapprove, or request further information on, each budget item. Upon final approval of a budget, and provided there are no uncured defaults of Lessee under this Lease, Lessor shall provide Lessee with the funding amounts allocated to the budget items subject to the requirements set forth above. g) Lessee shall require performance and payment bonds from all contractors and subcontractors engaged to perform work under this Section 9. Lessee shall keep the Premises free and clear of, and hold Lessor harmless against, any stop notices, liens, or other encumbrances or claims asserted by such contractors or subcontractors. 7 16.b Packet Pg. 558 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 h) On or before each December 31, Lessee shall submit to Lessor an accounting showing the use of the funding provided for the budgeted items for the preceding 12 months, if any, prepared at Lessee's expense by a certified public accountant acceptable to Lessor. 10. REGULAR MAINTENANCE AND UPGRADES; FUNDING a) Lessee is responsible, at its sole expense except as provided in Sections 9(a) and 10(b) of this Lease, for furnishing all labor and materials necessary for the regular maintenance of the Premises, including without limitation: 1) Structural parts of buildings and other improvements, including foundations, bearing and exterior walls including glass and doors, subflooring, and roof. 2) Electrical, plumbing, and sewage systems contained within the Premises. 3) Window frames, gutters, and downspouts. 4) Heating, ventilation and air conditioning systems servicing the Premises, including changing heating and air conditioning filters every four(4)months. 5) Grounds, including parking areas, outside lighting, grass, field surfaces, turf, trees, shrubbery and other vegetation. 6) Janitorial services sufficient to keep the interior of the Premises in a clean and orderly condition. 7) Monthly or more frequent inspection of the Premises to identify needed maintenance. b) In addition to the Initial Capital Improvements funding described in Section 9, for each of the first five calendar years this Lease is in effect, Lessor shall contribute $200,000 each year solely from the 2010 Bond Proceeds for the maintenance described in Section 10(a). Lessee shall provide Lessor an accounting of its use of these funds each year, prepared at Lessee's expense by a certified public accountant acceptable to Lessor. To the extent all of the funds received during a year are not used during that year, the remaining funds will be carried over into successive years. If upon the expiration or other termination of this Lease there remains an unused balance of these funds, such remaining balance shall be returned to Lessor. Lessor shall not be required to use any funds from Lessor's General Fund to pay for said maintenance. The funds provided may also be used for upgrades or improvements to the Premises at the option of Lessee, provided regular maintenance is not compromised thereby. The budgeting and accounting procedure set forth in Section 9(b) and (f) shall apply to the use of funds pursuant to this Section. Unused amounts may be carried forward to the next year. If the performance of the maintenance described in Section 10(a) in a manner satisfactory to Lessor requires the expenditure of more than the maximum amount to be provided by Lessor pursuant to this Section 10(b), the additional amount required shall be provided solely by Lessee. 11. SOURCE OF FUNDS Funding for the Initial Capital Improvements described in Section 9 and the regular maintenance and upgrades or improvements described in Section 10 shall come solely from the 2010 8 16.b Packet Pg. 559 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 Bond Proceeds referenced in Recital I. Lessor shall not be required to use its General Fund money for these purposes. 12. ALCOHOLIC BEVERAGE SALES Provided that Lessee shall have obtained, at its cost, all necessary permits and approvals for the sale of alcoholic beverages, Lessee may sell alcoholic beverages at the Premises in compliance with all applicable regulations and licensing requirements of the California Department of Alcoholic Beverage Control and any other governmental agency, including Lessor, having jurisdiction over such sale. 13. SIGNS Lessee shall secure Lessor's approval of all permanent signs that are placed on the Premises. Lessee also shall secure Lessor's approval of all permanent signs that are placed by Lessee in other locations and that refer to the Premises. "Permanent signs" are signs that are attached to buildings or other structures, or to the ground in a manner that prevents them from being readily moved. 14. NAME OF STADIUM The current name of the Stadium is "San Manuel Stadium" pursuant to the terms of a sponsorship agreement("Sponsor Agreement")between Lessee and the San Manuel Band of Mission Indians ("San Manuel"). Lessee shall be permitted to enter into future Sponsor Agreements with San Manuel or other entities with Lessor's consent and shall be allowed to change the name of the Stadium (at Lessee's cost) as may be required by such future Sponsor Agreements. Lessor's consent to such future Sponsor Agreements shall not be unreasonably withheld but may be conditioned upon an equitable and mutually agreeable allocation between the Parties of revenue from such future Sponsor Agreements. Lessee shall throughout the term of this Lease provide Lessor with current updated copies of all Sponsor Agreements entered into by Lessee that are in effect during any part of the term of this Lease. 15. RETURN OF PREMISES Upon the expiration or termination of this Lease, Lessee shall return the Premises in as good condition and repair as the Premises are in at the commencement of this Lease, reasonable wear and tear excepted. 16. HOLDING OVER Lessee shall not hold over and continue to occupy the Premises after the expiration of this Lease without the written consent of Lessor, which may be given or withheld in the sole discretion of Lessor. In the event Lessee holds over with Lessor's consent, the tenancy shall be deemed to be a tenancy from month to month upon the same terms and conditions as are set forth in this Lease. 17. TAXES a) Lessor shall pay when due all real property taxes and general and special assessments levied and assessed against the Premises. b) Lessee shall pay when due all sales taxes on taxable items sold at the Premises. 9 16.b Packet Pg. 560 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 c) Lessee acknowledges that this Lease may create a possessory interest subject to property taxation pursuant to California Revenue and Taxation Code Section 107, and that Lessee may be subject to the payment of property taxes levied on the interest. Lessee shall pay any such taxes when due. Lessee acknowledges that the levy of such taxes is determined by the County Assessor and the property value used in such a determination may bear no relationship to the stated rent under this Lease. 18. REMOVAL; WASTE; DISCHARGE OF SUBSTANCES Lessee shall not cut timber, conduct mining operations, remove sand, gravel, or similar substances from the ground, or commit waste of any kind on the Premises, or in any manner substantially change the contour or condition of the Premises, except as may be authorized under this Lease. Lessee shall not cause or allow the discharge of any substances from the Premises which will contaminate streams or other bodies of water or otherwise become a public nuisance. Lessee shall comply with all federal, state, and local laws, regulations, ordinances, conditions, or directives relating to the discharge of substances into streams or other bodies of water. 19. HEALTH, SAFETY,AND FIRE PROTECTION Lessee shall, at its sole expense except as provided in Sections 9 and 10, ensure that the Premises comply with all statutes, regulations, ordinances, and governmental directives pertaining to public health, safety, and fire protection, including without limitation all applicable building codes and the applicable requirements of the Americans with Disabilities Act and related state laws. 20. ALTERATIONS Lessee shall not modify buildings or other structures or facilities on the Premises without Lessor's prior written consent which shall not be unreasonably conditioned or withheld. If Lessee wishes to make any modifications, Lessee shall submit a written application to Lessor for such purpose. If Lessor approves any such modifications, then the cost of any such modifications shall be the sole responsibility of Lessee. 21. FIXTURES Lessee may install shelving and fixtures, and may remove the same provided that Lessee restores the Premises to their condition at the commencement of this Lease, reasonable wear and tear excepted. 22. UTILITIES Lessee shall pay when due all utilities provided to the Premises, including without limitation electric, gas, water, sewer, trash, fire alarm service, security, telephone, cable, and internet services. If Lessee fails to make any utility payment when due, Lessor may (but shall not be required to) pay the unpaid amount(s), in which event Lessee shall reimburse Lessor for such amount(s), plus interest at the legal rate from the date of payment until paid in full. 23. INDEMNITY Lessee shall indemnify and hold Lessor, its elected officials, employees, agents, and representatives harmless from all claims, actions, damages and liabilities for bodily injury, death, or 10 16.b Packet Pg. 561 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 property damage caused by any act or omission of Lessee, its employees, agents, or subcontractors and arising out of Lessee's use and occupation of the Premises under this Lease, including without limitation the granting by Lessee of any concessions, licenses or other permissions for the use of the Premises. Lessee shall defend said indemnified parties against any legal actions based upon any such act or omission. Lessee waives all rights of express or implied indemnity against Lessor, its elected officials, employees, agents or representatives, with respect to third party claims against Lessee arising out of or in any way connected with this Lease. 24. INSURANCE a) Lessee shall maintain during the term of this Lease the following insurance and shall provide evidence thereof to Lessor, including certificates of insurance: 1) Comprehensive general liability, including premises liability and operations, products and completed operations, broad form property damage, blanket contractual liability, and personal injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. Said insurance shall include, or Lessee shall obtain additional coverage to include, liability from the sale of merchandise, food and beverages, including alcohol, and from advertising and broadcasting in the event Lessee engages or subcontracts any advertising or broadcasting. 2) Automobile liability for owned, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00)per occurrence. 3) Worker's compensation insurance as required by the State of California. b) The policy or policies described in Sections 24(a)(1) and (2) shall contain or be endorsed to contain provisions to the following effect: 1) Lessor and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to liability arising out of this Lease or Lessee's use of the Premises, and the insurance shall be considered to be separate insurance as to each named and each additional insured. 2) The policy shall not be terminated or cancelled, or the coverage reduced, without at least thirty (30) days' written notice to Lessor. 3) Coverage as provided by Lessee shall be primary (insurance, if any, maintained by Lessor shall be excess and not contributing with respect to the insurance to be provided by Lessee). 4) All policies described in Section 24(a) shall provide or be endorsed to provide that the insurer waives subrogation against Lessor and its elected and appointed boards, officers, agents, and employees. 5) Lessee shall provide Lessor with certificates of insurance showing the coverages and endorsements described above, in a form and content approved by Lessor, prior to conducting any operations pursuant to this Lease. 6) Nothing in this section shall limit in any way Lessee's indemnity and defense obligations set forth in Section 23. 11 16.b Packet Pg. 562 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 25. DESTRUCTION OF PREMISES a) If any portion of the Premises becomes unusable for the purpose intended while this Lease is in effect due to causes not attributable to any act or omission of Lessee, Lessee shall restore the Premises to usable condition as promptly as reasonably possible using the funds provided pursuant to Section 10. If said funds,together with any insurance proceeds, are insufficient to restore the Premises, Lessee may make up the difference from its own funds at its option. Should Lessee decline to do so, Lessor may at its option terminate this Lease on 30 days' written notice to Lessee, or may restore the Premises at its own expense and maintain this Lease in effect. b) If any portion of the Premises becomes unusable for the purpose intended while this Lease is in effect due to any act or omission of Lessee, Lessee shall restore the Premises to usable condition as promptly as reasonably possible at its sole expense. 26. DEFAULT AND CURE Failure by either Party to perform any obligation under this Lease shall constitute a default unless said Party performs said obligation within thirty (30) days following receipt of written notice from the other Party. If performance of the obligation cannot reasonably be completed within thirty 30) days of said notice, the nonperformance shall not constitute a default if the nonperforming party commences performance within said period and completes performance as soon as reasonably possible, but in no event to exceed ninety(90) days. 27. REMEDIES ON DEFAULT; TERMINATION Default by either Party as described in Section 26 shall entitle the other Party at its option to terminate this Lease immediately upon written notice to the Party in default. With or without terminating the Lease, the Party not in default may pursue any remedies legally available to it, except that said Party shall not commence formal legal action without first pursuing arbitration pursuant to Section 28 unless immediate legal action is necessary to prevent irreparable injury to persons or property. Notwithstanding the foregoing portion of this Section 27, in the event a Party fails to perform an obligation under this Lease, the other Party may give notice of default. If the default is not cured within the period set forth therefor in Section 26, the Party giving notice may terminate this Lease upon giving written notice to the other Party so stating without the necessity of engaging in arbitration under Section 28. 28. ARBITRATION a) Except as provided in Section 27, neither Party shall pursue legal action against the other on account of any dispute arising out of this Lease without first demanding arbitration pursuant to this section. Within ten (10) days of receiving a demand for arbitration, the Party receiving the demand shall notify the other Party of its agreement to arbitrate and the Parties shall thereafter pursue arbitration as described in this section. If the Party receiving a demand for arbitration does not notify the other Party of its agreement to arbitrate within said ten (10) day period, the other Party may commence legal action for the sole purpose of compelling arbitration. 12 16.b Packet Pg. 563 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 b) Arbitration pursuant to this section shall be conducted according to the provisions of Title 9 of Part 3 of the California Code of Civil Procedure, with the exception of Chapter 4 of said Title. Alternatively, at the Parties' election, arbitration may be conducted through IVAMS Arbitration and Mediation Services pursuant to the IVAMS Administrative and Arbitration Rules as amended January 28, 2013 or thereafter. c) Arbitration pursuant to this section shall be nonbinding. A Party dissatisfied with the outcome of any arbitration may pursue any and all remedies legally available to it. d) Costs of arbitration shall be borne equally by the Parties. Each Party shall bear its own attorney fees associated with arbitration. e) Applicable statutes of limitations on any claims pursued through arbitration shall be tolled from the sending of a demand for arbitration until thirty (30) days following the final arbitration decision. 29. LESSOR'S ACCESS TO PREMISES Lessor and its authorized representatives shall have the right to enter the Premises at all reasonable times upon at least twenty-four (24) hours' notice to Lessee for purposes of inspection, repair or maintenance, display of the Premises to prospective brokers, agents, buyers, tenants, or lenders, or any other purpose reasonably related to Lessor's ownership of, and investment in, the Premises. Lessor shall exercise its right of access in a manner that minimizes any inconvenience to Lessee. 30. NOTICES a) Any notices required under this Lease shall be given by personal delivery, private delivery service, or United States Mail. Notices are effective on receipt, which shall be rebuttably presumed to be the day of delivery as established by written evidence thereof. Notices shall be valid if delivered to the following addresses: TO LESSOR: TO LESSEE: City of San Bernardino Inland Empire 66ers Baseball ATTN: City Manager Club of San Bernardino, Inc. 300 N. "D" Street, 6`"Floor ATTN: General Manager San Bernardino, CA 92418 280 South E Street San Bernardino, CA 92401 b) Either Party may change its address for delivery of notices by notifying the other Party in conformity with this section. 31. ASSIGNMENT Lessee shall not voluntarily or by operation of law assign, transfer, sublet or encumber Lessee's interest in the Premises in whole or in part without Lessor's prior written consent to be given or withheld in Lessor's sole discretion. Any attempted assignment, transfer, subletting, or encumbrance made without such consent shall be void and shall constitute a breach of this Lease and cause for the termination of this Lease. Regardless of Lessor's consent, no subletting or assignment 13 16.b Packet Pg. 564 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 shall release Lessee of its obligation to perform all of its obligations hereunder for the term of this Lease. Lessee may license the use of the Premises to its concessionaires or other third parties with Lessor's prior written consent, which shall not be unreasonably withheld. 32. ENTIRE AGREEMENT This Lease constitutes the Parties' entire agreement and understanding with respect to the subject matter addressed herein and supersedes any prior or contemporaneous agreements and understandings relating to said subject matter. 33. REMEDIES AND WAIVER All remedies available to either Party for breach of this Lease by the other Party are cumulative and may be exercised separately or concurrently without waiver of any other remedy. The delay or failure of either Party to require performance by the other of any of its obligations under this Lease shall not be deemed a waiver of the right to require such performance. No waiver of any provision of this Lease shall be effective unless it is made in writing and signed by a duly authorized representative of the Party against whom it is sought to be enforced. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of such right or remedy with respect to any future occurrences or events and shall not be deemed a continuing waiver. 34. AMENDMENT No amendment to this Lease shall be effective unless it is in writing and signed by both Parties and, in the case of Lessor, approved by the Mayor and Common Council of the City of San Bernardino. 35. SUCCESSORS AND ASSIGNS This Lease shall be binding on and inure to the benefit of the Parties' successors and assigns. 36. COVENANTS AND CONDITIONS The obligations of the Parties under this Lease shall be deemed to be both covenants and conditions. 37. CHOICE OF LAW This Lease shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. 38. VENUE Venue for any legal action or proceeding arising out of this Lease shall be the Superior Court of the State of California for the County of San Bernardino or the United States District Court for the Central District of California, Riverside Division. This choice of venue is intended to be mandatory and not permissive. 14 16.b Packet Pg. 565 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 39. PUBLIC RECORDS ACT DISCLOSURE Lessee acknowledges that all information received by Lessor concerning this Lease, including the Lease itself, may be treated as public information subject to disclosure under the California Public Records Act, Government Code Section 6250 et seq. 40. CONDEMNATION If any legally constituted authority condemns all or part of the Premises for a public use through the exercise of the power of eminent domain, and said condemnation results in a taking of property that renders the Premises unsuitable for the purposes of this Lease, this Lease shall terminate when the public authority takes possession of such property. 41. INTERPRETATION This Lease was jointly negotiated and drafted by both Parties and shall not be construed in favor of or against either Party on account of authorship of any of its provisions. 42. COUNTERPARTS This Lease may be executed in counterparts, each of which shall be deemed to be an original, but all of which,taken together, shall constitute one and the same agreement. 43. FORCE MAJEURE A Party shall not be liable for any failure or delay in the performance of this Lease for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to earthquakes or other natural disasters, acts of war, strikes or labor disputes, embargoes, governmental orders or any other force majeure event. 44. COMPLIANCE WITH LAW Lessee agrees to abide by all federal, state, and local laws, ordinances and regulations. 45. NON-DISCRIMINATION In the performance of this Lease, the use of the Premises, and in the hiring and recruitment of employees, Lessee shall not engage in, or permit its officers, employees or agents to engage in, discrimination against any person because of his or her race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 46. REGULATORY AUTHORITY Lessee acknowledges and agrees that Lessor in its capacity as a municipality and a charter city has certain governmental regulatory authority over the Premises. Lessee agrees that nothing in this Lease shall require Lessor to exercise that authority in any particular manner. Lessee agrees in its use and operation of the Premises to comply with all requirements imposed by Lessor in its capacity as a governmental regulatory body. Lessee agrees that all costs of such compliance are the sole responsibility of Lessee. 15 16.b Packet Pg. 566 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers 2016-237 47. RELATIONSHIP OF PARTIES The Parties are separate and independent entities. Execution and performance of this Lease shall not make Lessee or its officers, agents, employees, or contractors the agents or employees of Lessor. 48. LIAISON COMMITTEE Each Party shall each appoint an appropriate number of representatives to a joint committee to communicate on a continual basis. The committee shall conduct at least two (2) in-person meetings annually to tour the Premises and discuss the financial condition of the Parties and the physical condition of the Premises. Further, at least one of the Liaison Committee meetings shall occur before the baseball season begins. IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease Agreement to be executed by their duly authorized respective officers, effective as of the day and year as set forth above. CITY OF SAN BERNARDINO: By: At Date: l -7-l/, Title: C% 4/ s v— INLAND PIRE 66ers B S BALL CLUB OF SAN BERNARDINO, INC. B Y: WDate: Title: APPROVED AS TO FORM: GARY D. SAENZ, City Attorney By: 16 16.b Packet Pg. 567 Attachment: Attachment 2 Resolution 2016-237 & Lease Agreement (8965 : Amendment No. 1 to Lease Agreement with Inland Empire 66Ers Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Cheryl Weeks, Council Administrative Supervisor Subject: City Board, Commission, and Citizen Advisory Committee Minutes Approved March/April 2022 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in March and April 2022. Background On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council. Discussion In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in March and April 2022 are presented for review by the Mayor and City Council including the: 1. Animal Control Commission - March 9, 2022 2. Charter Review Commission - January 13, 2022; March 3, 2022 3. Downtown Advisory Committee - March 23, 2022 4. General Plan Advisory Committee - February 17, 2022; March 17, 2022 5. Parks, Recreation and Community Services Commission - October 21, 2021 6. Planning Commission - March 8, 2022 7. Public Safety and Human Relations Commission - March 14, 2022 8. Water Board - March 8, 2022; March 22, 2022; April 12, 2022 2021-2025 Key Strategic Targets and Goals Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the City. 17 Packet Pg. 568 8944 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of Sa n Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in March and April 2022. Attachments Attachment 1 City Board, Commission and Citizen Advisory Committee Meeting minutes approved in March and April 2022 Ward: All 17 Packet Pg. 569 17.a Packet Pg. 570 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 571 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 572 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 573 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 574 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 575 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 576 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 577 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 578 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 579 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 580 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 581 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 582 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 583 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 584 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 585 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 586 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 587 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 588 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 589 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 590 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 591 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 592 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 593 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 594 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 595 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 596 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 597 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 598 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 599 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 600 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 601 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 602 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 603 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 604 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 605 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 606 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 607 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 608 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 609 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 610 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 611 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 612 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 613 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 614 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 615 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, 17.a Packet Pg. 616 Attachment: Attachment 1 - MCC.October.2021 & January.February.March.April.2022 BCCAC Approved Minutes (8944 : City Board, Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 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 April 2022. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website, and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp> Discussion Gross Payroll Bi-Weekly for April 28, 2022 $2,391,346.05 Total Payroll Demands: $2,391,346.05 The following check registers are being presented for approval: April 22, 2022 2021/22 (Register #41)$1,033,429.82 April 28, 2022 2021/22 (Register #42)$569,792.02 Total commercial check demands:$1,603,221.84 The following Electronic Funds Transfer (EFT) registers presented for approval: April 7 to April 20, 2022 2021/22 (Register #1289-#1295) $ 1,683,208.27 Total commercial EFT demands: $ 1,683,208.27 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: Improved Operational & Financial Capacity by creating a framework for spending decisions. 18 Packet Pg. 617 8940 Page 2 Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for April 2022. Attachments Attachment 1 Payroll Summary Report for April 2022 Attachment 2 Commercial checks & Payroll Register #41 Attachment 3 Commercial checks & Payroll Register #42 Attachment 4 Commercial EFT Registers #1289-1295 Ward: All 18 Packet Pg. 618 18.a Packet Pg. 619 Attachment: FN. Attachment 1 - Payroll Summary Report April 2022 (8940 : Approval of Commercial and Payroll Disbursements (All Wards)) 18.b Packet Pg. 620 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 621 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 622 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 623 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 624 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 625 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 626 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 627 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 628 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 629 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 630 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 631 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 632 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 633 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 634 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 635 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 636 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.b Packet Pg. 637 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #41 (8940 : Approval of 18.c Packet Pg. 638 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 639 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 640 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 641 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 642 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 643 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 644 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 645 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 646 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 647 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 648 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 649 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 650 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 651 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 652 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 653 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 654 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 655 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 656 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 657 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 658 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 659 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 660 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 661 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 662 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 663 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 664 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 665 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 666 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.c Packet Pg. 667 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #42 (8940 : Approval of 18.d Packet Pg. 668 Attachment: FN. Attachment 4 - Commercial EFT Registers #1289-1295 (8940 : Approval of Commercial 18.d Packet Pg. 669 Attachment: FN. Attachment 4 - Commercial EFT Registers #1289-1295 (8940 : Approval of Commercial Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: René Anderson, Director of Human Resources Subject: Side Letter Agreement Between the City and General Unit Employees (All Wards) Recommendation Adopt Resolution No. 2022-99 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino and the General Unit Employees, amending Article III-Compensation, Section 7: Shift Differential. Background On December 1, 2021, the Mayor and City Council authorized staff to develop a shift differential pay for Business Registration Inspectors to work evenings and weekends. Discussion The California Meyers-Milias-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. Pursuant to the MMBA, the City met with the International Union of Operating Engineers (IUOE) representing th e General Unit employees for amendments to shift differential pay provisions under the Memorandum of Understanding (MOU). After meeting and conferring in good faith, the City and the IUOE have reached an agreement to amend the MOU to include the following language under Article III-Compensation, Section 7: Shift Differential: Unit employees assigned to the Identification Bureau, Patrol and Police Records within the Police Department, and Business Registration Inspectors within the Finance Department shall receive the following pay differential in addition to their pay for actual shift work designated as either the swing, graveyard, or weekend shift. In addition, a weekend differential was discussed and established with the following language being added to the MOU: An employee assigned to the weekend shift (normal start and ending time 19 Packet Pg. 670 8757 Page 2 occurring on Saturday and/or Sunday) shall receive $200 per month extra for all hours actually worked during such assignment. Shift differentials are not cumulative; thus, if more than one differential applies, then the differential that provides the highest pay will be paid to the employee. Only employees in the following classification shall be eligible for the weekend shift differential: Business Registration Inspectors. The shift and weekend differential changes will be effective the first full 28 -day work period following Mayor and City Council approval. 2021-2025 Key Strategic Targets and Goals The proposed Side Letter Agreement aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community: Build a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact Staff estimates the cost of the Business Registration Inspectors’ amendment to shift differential pay for the remainder of Fiscal Year 2021/22 at less than $1,000. The annual cost is expected to be approximately $5,000. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-99, authorizing the City Manager to execute a Side Letter Agreement to the Memorandum of Understanding (MOU) between the City of San Bernardino and the General Unit Employees, amending Article III-Compensation, Section 7: Shift Differential. Attachments Attachment 1 Resolution No. 2022-99 Attachment 2 Resolution No. 2022-99; Exhibit A - Side Letter Attachment 3 General Unit Employees Memorandum of Understanding (2020-2025) Ward: All Synopsis of Previous Council Actions: November 3, 2021 The Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2021-268 approving the Middle Management Employees Memorandum of Understanding (MOU), the General Unit Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule. 19 Packet Pg. 671 Resolution No. 2022-99 Resolution 2022-99 Page 1 of 3 RESOLUTION NO. 2022-99 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SAN BERNARDINO AND THE GENERAL UNIT EMPLOYEES, AMENDING ARTICLE III-COMPENSATION, SECTION 7: SHIFT DIFFERENTIAL WHEREAS, Hiring Business Registration Inspectors for the evening and weekend shifts is continuing to be a challenge; WHEREAS, the Mayor and City Council authorized staff to develop a shift differential pay program for Business Registration Inspectors working evenings and weekends; WHEREAS, the City and the International Union of Operating Engineers (IUOE) representing General Unit employees met and conferred in good faith and reached a tentative agreement to amend the Memorandum of Understanding. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager to execute the Side Letter Agreement attached hereto and incorporated herein, marked as Exhibit A. 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 the first full 28-day work period following adoption. 19.a Packet Pg. 672 Attachment: Attachment 1 - Resolution No. 2022-99 Side Letter Agreement Between the City and General Unit Employees [Revision 4] (8757 : Resolution No. 2022-99 Resolution 2022-99 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 19.a Packet Pg. 673 Attachment: Attachment 1 - Resolution No. 2022-99 Side Letter Agreement Between the City and General Unit Employees [Revision 4] (8757 : Resolution No. 2022-99 Resolution 2022-99 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. 2022-99, 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. 674 Attachment: Attachment 1 - Resolution No. 2022-99 Side Letter Agreement Between the City and General Unit Employees [Revision 4] (8757 : EXHIBIT A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS (“UNION”) REPRESENTING THE GENERAL UNIT EMPLOYEES The City and the Union hereby agree to a modification of the terms and conditions set forth in the Memorandum of Understanding (2020-2025) between the City and the Union (hereinafter referred to as “MOU”) as follows: 1. Article III, Section 7, Subsection C of the MOU shall be revised to read follows: Unit employees assigned to the Identification Bureau, Patrol and Police Records within the Police Department, and Business Registration Inspectors within the Finance Department shall receive the following pay differential in addition to their pay for actual shift work designated as either the swing, graveyard, or weekend shift. A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m. to 12 midnight, respectively) 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 12 midnight to 8:00 a.m., respectively) shall receive $100 per month extra for all hours actually worked during such assignment; or, C. An employee assigned to the weekend shift (normal start and ending time occurring on Saturday and/or Sunday) shall receive $200 per month extra for all hours actually worked during such assignment. Shift differentials are not cumulative; thus, if more than one differential applies, then the differential that provides the highest pay will be paid to the employee. Only employees in the following classification shall be eligible for the weekend shift differential: Business Registration Inspectors. D. 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 1st 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 as part of their regular rate of pay for FLSA purposes. E. 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). 19.b Packet Pg. 675 Attachment: Attachment 2 - Resolution No. 2022-99; Exhibit A - Side Letter [Revision 5] (8757 : Side Letter Agreement Between the City and EXHIBIT A F. Shift and weekend differentials are not cumulative; thus, when more than one differential applies, the differential that provides the highest pay will be paid to the employee. G. 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. 3. This Side Letter Agreement shall become effective the first full 28-day work period following City Council approval. 4. All other terms and conditions of the MOU will remain the same. ___________________________________ International Union of Operating Engineers Date: ____________________________ ___________________________________ City of San Bernardino Date: ____________________________ 19.b Packet Pg. 676 Attachment: Attachment 2 - Resolution No. 2022-99; Exhibit A - Side Letter [Revision 5] (8757 : Side Letter Agreement Between the City and NI s UM IN Made andl Entered tnto Between The City of San Bernardin:o and The lnternationali Uni\on of Operatiing Engineerrs (l1UOEJ Local12 July 1, 2020, to June 30, 2025 19.c Packet Pg. 677 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All TABLE OF CONTENTS Page Article/Section Title No. Definition of Terms ............................................................................................... 5 ARTICLE I Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 ADMINISTRATION ........................................................................................ . Parties to MOU ............................................................................................ . Recognition ............................................................................................ . Management Rights ....................................................................................... . Employee Rights ............................................................................................ . Agency Personnel Rules ................................................................................ . Safety Committee ........................................................................................... . Labor-Management Committee ...................................................................... . Employee Stewards · ....................................................................................... . 6 6 6 6 7 7 8 9 10 ARTICLE II EMPLOYER-EMPLOYEE RELATIONS......................................................... 10 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Recognition/Union Security ............................................................................ . No Strike ............................................................................................ . Payroll Deduction for Union Dues/Service (Fair Share) Fees ........................ . Employee Lists ............................................................................................ . Budget Documents ......................................................................................... . Employee Orientation .................................................................................... .. New Employee Information ............................................................................ . Union Logos ............................................................................................ . 10 10 11 12 12 12 12 12 ARTICLE Ill COMPENSATION ......................................................................................... . 13 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Salaries . . . . . .. . .. ... . . . . . . .. .. . .. . . . . . . . . . . ... .. . . .. . . . . . . . . . .. . . ... . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 13 Classification/Compensation Study . .. . . . . . . . . . . . . . .. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Retirement Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Overtime ............................................................................................. 14 Higher Acting Classification Pay . .. . . . .................. ..... .. . . . . . .. . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . 15 Call-Back/Standby Assignment and Pay......................................................... 16 Shift Differential . . .. .. . .. ... . . .. . . .. . . . . .. . . . . . . . . . . .. .. . . . . . .. . . . .. . .. . . . . . . .. . .. .. . . . .. . . . . . . . . . . . . . . .. . .. . 18 Personal Tool Replacement Allowance........................................................... 18 Fines ............................................................................................. 19 Bilingual Pay . .. ... . .. . .. .. . .. .. . . .. . .. . . .. .. . .. . .. .. .. .. ... .. .. .. ... . .. ... .. .. .. .. . .. .. .. . . .. .. . .. .. .. . . . 19 Special Certification Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Training Pay ......................................... ........................................... ...... ... 20 ARTICLE IV FRINGE BENEFITS........................................................................................ 21 Section 1 Section 2 Section 3 Health Benefits and Life Insurance ............................................................... .. Post Employment Health Plan ........................................................................ . Uniforms, Rain Gear & Safety Equipment.. .................................................... . 3 21 22 22 19.c Packet Pg. 678 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All ARTICLE V LEAVES ····························································································· 23 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Vacation ............................................................................................ . Holiday Leave ............................................................................................ . Sick Leave ............................................................................................ . Payment of Sick Leave .................................................................................. . Election Leave ............................................................................................ . Other Leaves ............................................................................................ . 23 25 26 28 29 29 ARTICLE VI WORKING CONDITIONS.............................................................................. 29 Section 1 Work Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE VII GENERAL PROVISIONS............................................................................... 30 Section 1 Section 2 Section 3 Section 4 Section 5 Full Understanding; Waiver ............................................................................ . Severability ............................................................................................ . Support of Agreement .................................................................................... . Term of Memorandum of Understanding ....................................................... . Notice of Intent to Reopen ............................................................................ . 30 31 31 31 31 SIGNATURE PAGE INDEX ................................................................................................... 33 APPENDIX A MOU Provisions to be Included as Part of the City of San Bernardino's Uniform Policies Section B 1 -Contract for Services Section B2 -Grievance Procedure Section B3-Skelly Rights Section B4 -Non-Discrimination Section B5 -Personnel Files Section B6 -Bulletin Boards Section B7 -Education Tuition Assistance Section 88 -Employee Assistance Program (EAP) Section 89 -Catastrophic Leave Section 810-Injury Leave Section 811 -Leave of Absence without Pay Section B 12 -Witness Leave Section 813 -Military Leave Section 814-Jury Duty Section B15 -Physical Examinations Section 816 -Probationary Period Section 817 -Seniority Section 818-Reasonable Suspicion Drug and Alcohol Testing 4 34 19.c Packet Pg. 679 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All City: Day: Exclusion: General Unit: Mandato ry and Permissive: Re g ular Full-Time Employee: Union: DEFINITION OF TERMS The City of San Bernardino As it pertains to a sick leave day or a vacation day, one (1) "day" equals eight (8) hours, unless otherwise specified. Excluded from the General Unit 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. Includes titles listed in the City's Salary Schedule, as may be amended. Additional titles in the General Unit may be established by the Mayor and City Council. Also reference "Exclusions" above. "Shall" is mandatory; "may" is permissive. Memorandum of Understanding An Employee who has been appointed to a Regular, Full-Time position and has completed their probation period. The exclusive bargaining representative for the General Unit 5 19.c Packet Pg. 680 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 GENERAL UNIT EMPLOYEES represented by the International Union of Operating Engineers ("IUOE"), Local 12, pursuant to Government Code Sections 3500 et seq. Section 2 -Recognition The City hereby recognizes the IUOE as the exclusive representative for those employees employed by the City in the general unit classifications referenced in the City's Salary Schedule, subject to the applicable provisions of law. 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; direct 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 methods, 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 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 accorda n ce with requirements as determined 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. 6 19.c Packet Pg. 681 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 Union 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 IUOE 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 i n the applicable City of San Bernardino Municipal Code; The City of San Bernardino Uniform Personnel Rules and Policies, as amended; Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-Employee Relations, as amended, which documents will continue in effect, 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 depa rtmental work rules initiated, established and promulgated by the City shall be posted on b ulletin boards ten (10) days prior to their effective date, except in emergency situations. A copy of such rules shall be sent to the Union office. The reasonableness of any discipl i nary action taken as a result of a violation of any departmental work rule may be determi n ed 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. 7 19.c Packet Pg. 682 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All Each Department of the City, with the exception of the Police, shall provide IUOE with a current copy of their Departmental Work Rules on an annual basis, no later than June 30 of each year. The Police department will provide updates 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 of the previous MOU between the City and the IUOE, dated January 1, 2011 to June 30, 2012, shall be included as part of the City's uniform policies: a) Article 1, 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 I) 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 Band will be considered as part of this MOU. In addition, these Sections will be included as part of the City's uniform pe r sonnel policies and/or part of the City of San Bernardino's Municipal Code. Section 6 -Safety Committee There is established a City-wide Safety Committee in which the General Unit has membersh i p (three (3) members). The IUOE shall appoint three (3) members from the General Un it to the Safety Committee and also three (3) alternative members. The appointme n ts should not include more than one member and one alternate from each City Depa rtment. The Committee will review all recordable accidents (both City equipment and personal injury of City employee) and make recommendations to the City Manager o r their designee for all corrective actions in establishing better job safety. The Com m ittee will improve safety communications throughout the City and review each accident o n or off City property. The Committee will investigate all "industrial type" accidents and "vehicular" accidents and make recommendations on how the accident 8 19.c Packet Pg. 683 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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/ incider:-its, 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, Union 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 from a predesignated pool of employees. The Safety Committee shall forward to the IUOE office a copy of all minutes, findings and recommendations at the conclusion of each meeting. Section 7 -Labor-Management Committee The Labor-Management Committee shall continue for the term of this MOU. Its continuing purpose is for the discussion of common problems that are not addressed in other existi ng procedures. The Union shall designate three (3) representatives to serve on the Committee from different departments. The City shall also designate three (3) representatives to serve on the Committee. The Committee will select a chairperson who will be responsible for receiving items, establishing agendas and informing participants of the time and place of meetings. The Committee shall normally meet at least quarterly or may meet more often if necessary at a mutually agreed upon time and place. Either the City or the I UOE may request a meeting with the Labor-Management Committee to review issues. Upon request, the other party agrees to meet in an attempt to clarify and resolve issues. Recommendations shall be considered by management. The Union will provide a list of the three (3) Committee members to the Director of Human Resources each July. 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 a lternate from a pre-designated pool of employees. The "pool" will consist of up 9 19.c Packet Pg. 684 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All to three (3) employees, whose names will be exchanged by the City and the Union each July. Section 8 -Employee Stewards IUOE may designate no more than five (5) stewards from any Department/Division. Employees designated or assigned to a committee will be allowed reasonable release time to contact IUOE, Local 12 Business Representatives and participate in required committee meetings. Union stewards shall not receive any additional time or compensation for the designation. Union stewards will not represent General Unit employees in disciplinary action meetings, investigation interviews, and/or any meeting that may lead to disciplinary action. IUOE shall provide the City an initial list of stewards and thereafter upon request by the City. The position of steward shall not interfere with the daily operations of the City. ARTICLE II EMPLOYER-EMPLOYEE RELATIONS Section 1 -Recognition/Union Security The City hereby acknowledges that the IUOE has been and is recognized by the City as the exclusive representative for the General Unit 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 Union as exclusive representative shall not be compromised thereby. If a unit member does not wish to be represented by the Union in matters pertaining to grievances and disciplinary appeals and wishes to represent himself/herself, such member shall be required to provide the Union and the City with a signed statement waiving the right to Union 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 recognize d that any work disruptions are unproductive to City operations and services provided to its citizens. The Union and the City agree that they shall, at no time or in any way, jeopa rdize the public health, welfare and safety of the City's business and residential communities. Thus, the Union 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 co n tinuous and uninterrupted employee services. It is, therefore, further agreed that the Union 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. 10 19.c Packet Pg. 685 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All Section 3 · Payroll Deduction for Union Dues/Service (Fair Share) Fees A. The City agrees to provide Union dues deductions for Union members only as long as the Union remains the exclusive representative for the employees within the bargaining unit. Conversely, no other employee organization shall be permitted dues deduction privileges for employees within the bargaining unit. The City shall not be liable to the Union, employees or any other person by reason of the requirements of this article for the remittance of any sum other than that constituting actual deductions made from employee wages earned. Dues shall be deducted from the pay of each employee. Dues deduction shall be a specified uniform amount for each employee and any change in the amount of dues deducted shall be by written authorization from the Union, provided however, that the Union shows proof that the general membership has voted and approved any change in the amount of dues. All unit members who were members of the Union on January 1, 2011, and those employees who thereafter become members shall remain as members in good standing of said Union the duration of this MOU, except as provided for in this article. 8. Agency Shop Since IUOE has certified it has an IUOE membership of at least fifty percent (50%) of the total number of full-time employees in the General Unit, IUOE is allowed to collect a "Fair Share" fee from non-IUOE members who are employees in the General Bargaining Unit. Membership in IUOE or payment of the IUOE Fair Share fee is not a condition of City employment. Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, upon presentation of active membership in such religion, body, or sect, shall not be required to join or financially support any public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay sums equal to the dues, initiation fees or agency shop fees, to pay sums equal to the dues, initiation fees or agency shop fees to a non-religious, no-labor charitable fund exempt from taxation under Section 501 © (3) of the Internal Revenue Code. The City agrees to deduct and transmit to IUOE all deductions authorized on a form provided by IUOE to deduct and transmit to IUOE all Fair Share fees from City employees in the General Unit who do not elect to become members of IUOE. Such authorized dues deduction and Fair Share fees shall be remitted monthly to IUOE along with an adequate itemized record of deductions. The Union shall indemnify, defend and hold the Ci ty harmless against any claims made and against any suit instituted against the City in regard to employee organization dues and fair share fees. In addition, the 11 19.c Packet Pg. 686 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All Union shall refund to the City any amounts paid to it in error, upon presentation of supporting evidence. Section 4 • Employee Lists The City agrees to provide a list of names of General Unit Employees by City department to the Union as requested. Section 5 • Budget Documents The City agrees to provide the Union at no cost one ( 1) copy of the annual financial report, preliminary budget, final budget and resolutions or ordinances as requested by the Union. Section 6 • 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 union to make a presentation at employee orientations. Section 7 • New Employee Information Upon request by the Union, the Human Resources Department will furnish the Union with information on new General Unit employees, excluding their home addresses. Data will include name, title, department, department phone number and date of hire. Section 8 -Union Logos A. General Unit employees wishing to demonstrate their support for, or affiliation with, IUOE shall be permitted to wear a Union 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. Employees required to wear protective headwear may display a button, badge, logo, or pin on the headwear provided it does not compromise the safety integrity of the headwear. C. General Unit employees will be permitted to wear a union button or pin as long as it does no t create a safety or health issue, interfere with the efficient operations of the 12 19.c Packet Pg. 687 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All employer, or conflict with previously adopted uniform standards in department work rules/operating procedures. Section 1 -Salaries ARTICLE Ill COMPENSATION Effective the first full pay period following October 1, 2021, the salary ranges for all unit members shall be increased by four and twenty-seven hundredths percent (4.27%), effective the first full pay period following July 1, 2022, the salary ranges for all unit members shall be increased by three and two tenths percent (3.20%), 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 IUOE 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 salary 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 IUOE 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 IUOE agree to address any salary adjustments to individual classifications during fiscal year 2025-2026 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 IUOE members are provided retirement benefits under the California Public Employees' Retirement System (CalPERS) as follows: 13 19.c Packet Pg. 688 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All Tier I: Tier II: Tier Ill: Employees hired on or before October 3, 2011 shall receive a 2. 7% @ 55 retirement benefit; CalPERS "Classic Members" hired on or after October 4, 2011 shall receive a 2% @ 55 retirement benefit; 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). Emolovee 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 Ill employees shall pay the employee contribution required by the PEPRA, calculated at 50% of the normal cost. Emolover 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 Ill PEPRA employees will be three years. The City· and IUOE 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 the General Unit 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. 14 19.c Packet Pg. 689 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 Ill, Section 8. Compensatory Time Bank: When an employee works overtime, they 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 number 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, and the compensatory time balance will appear on the employee's paycheck. 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 (December 15). 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. 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 General Unit employee that is on probation shall be placed in a higher acting classification. Further, no General Unit 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. 15 19.c Packet Pg. 690 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All The City will not circumvent the intent of this article by using various employees to thwart the intention of this article. 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 B, 82). 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 phone or to the understanding that the employee leave word with the Department Head or designee where the employee can be reached, 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 V (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 IUOE 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 For the employee's five (5) work days during their work week (or prorate at 1.5 hrs/day) For the employee's two (2) non-work days during their work week (or pro rate at 2.0 hrs/day) OR, For all seven (7) days during a work week AND, For any holiday, as described in this MOU, duri n g which the employee stands by for all or a n y portion of the 24-hour day Hours Compensated 7 .5 hours for 5 days 4 hours for 2 days 10 work hours 2 extra work hours per scheduled holiday - added to the above Payment for hours described above shall be compensated at the regular rate of pay. 16 19.c Packet Pg. 691 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All General Unit Call-Back Pay: An employee cannot be in standby status and call-back status at the same time. 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 work shall be paid for a minimum of two (2) hours of work. The General Unit 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. Departments and Divisions, which utilize call-back/standby, will prepare a qualified list of employees. Department/Division Heads will consider the following factors in establishing and maintaining call-back and standby lists: employee seniority; special qualifications and skills. For Departments and Divisions 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. All Animal Control Officers within the Animal Services Department shall rotate by being placed on the standby list. No Animal Control Officer shall be left out of standby rotation. 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 trave l 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 and 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 17 19.c Packet Pg. 692 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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. It is hereby agreed by and between the parties hereto that the General Unit 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 Unit employees assigned to the Communications Division, Identification Bureau, Patrol and Police Records within the Police Department, and the garage within the Public Works Department, 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 12 midnight, respectively) 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 12 midnight to 8:00 a.m., respectively) 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 1st and the 161h 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-Personal Tool Replacement The City shall provide a tool replacement allowance for damaged, lost or stolen personal tools in an amount not to exceed $500.00 per year, per employee. Only those employees in the following position classifications shall be entitled to such allowance: 18 19.c Packet Pg. 693 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All Department/Division 1 . Fleet Division 2. Engineering 3. Public Works Classification( s) Mechanics & Lead Workers; Equipment Service Worker Traffic Signal Electricians Maintenance Personnel (includes Plumbers); Electricians I & II The City will provide insurance coverage for Fleet Mechanic employee tools, whether the entire toolbox or any tools are stolen from City property. Claims against the above tool replacement allowance shall be honored provided that: (1) the personal tools had been required by the City; (2) the tool had been marked and inventoried by the employee; (3) a report of such inventory had been filed with the Department Head; and, (4) said tools had been properly maintained. Tools stolen or damaged through no fault of the employee will be replaced by the employee and reimbursement thereof will be made by the City, after submission of an appropriate City form accompanied by an approved invoice or receipt. All reimbursements of stolen or damaged tools will be completed on the first available processing date with the Finance Department. During the term of this MOU, all newly-employed mechanic personnel in the Fleet Division, who may be required by their Department Head to purchase personal metric tools in order to effectively accomplish work assignments, shall be eligible to receive a one-time tool purchase allowance not to exceed $100 to assist in making such purchase. Section 9-Fines The City shall pay for court fines imposed upon any permanent Employee within the unit of representation 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 10 -Bilingual Pay General U nit 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 employee are being performed on a regular and frequent basis. The designated employees may be tested annually for certification and recertification. 19 19.c Packet Pg. 694 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All Not more than forty (40) General Unit employees may be designated to receive bilingual pay. The City Manager or designee will retain the right to select the forty (40) eligible employees and to determine the departments where use of employee bilingual skills would be best served. The City shall reserve the right to determine languages for which testing will be conducted. Section 11 -Special Certification Pay Employees in the following classifications: • Code Enforcement Officers • Equipment Mechanics • Animal Control Officers shall receive, in addition to their regular compensation, $50 a month payment ($25 paid each pay period) for obtaining and maintaining the following certifications: • ICBO or AACE Certificate • ASE designation of Master Certified Mechanic • NACA (3) Certificates It shall be the responsibility of the department and the employee to provide payroll with a copy of their certifications and or renewal. All certification pay will be effective on the date of the employee's certification or recertification. Certificate pay is limited to $50 per month per eligible employee. Section 12 -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 this 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. 20 19.c Packet Pg. 695 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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. Positions that could potentially qualify for a training pay program include the following: Community Service Officers I and II; Criminal Investigation Officer; Animal Control Officer; Shelter Attendant (Animal Services); Senior Customer Service Representative/Dispatcher (Animal Services); Community Engagement Specialist; Community Policing Specialist; Forensic Specialist II (assuming all Forensic Specialist I flex to Forensic Specialist II when completing probation/training); Parking Enforcement; and, Police Records Technician (assuming all Police Records Technician I flex to Police Records Technician 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. 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 made 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). 21 19.c Packet Pg. 696 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 in December 2021. 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 Union 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 Union agrees, to reopen this MOU on providers and/or any provision in this Section. 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 fifteen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit ,continuation under app li cable 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 te r ms 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, Rain Gear & Safety Equipment The City s h all provide uniforms to any employee required to wear a uniform. The City shall purchase uniform shorts for use as part of the uniform. Each department will establish guidelines for wearing shorts and employees will not be allowed to wear shorts 22 19.c Packet Pg. 697 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All when performing activities that may create a safety hazard. The City shall make appropriate rain gear available. The City will annually reimburse members of the General Unit funded by the Enterprise Fund, fifty dollars ($50) toward the purchase of work footwear consistent with City policy . Employees shall wear such footwear at all times while on duty. 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: status. Completed Years of Continuous Service* 1 year** 5 years 15 years 20 years Rate of Accrual per pay Period 3.0769 hours 4.6153 hours 6.1538 hours 7.6923 hours Equivalent Hours Per Year 80 hours 120 hours 160 hours 200 hours *Service year begins on initial date of employment in a full-time, regular **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 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, 23 19.c Packet Pg. 698 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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. 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 co ntinuous 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 t h at 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. 24 19.c Packet Pg. 699 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 paycheck in May of 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 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. 8. Holiday Leave Carrv-Over. On June 30th of each year that this MOU is in effect, General Unit 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. 25 19.c Packet Pg. 700 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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. Each 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. 4. On or about November 3Qth 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 26 19.c Packet Pg. 701 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 attending 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 shall 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 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 report, to reject such claim for sick leave, in whole or in part and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the 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 . 27 19.c Packet Pg. 702 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 Common Council on June 18, 2015 by Resolution 2015-116 and incorporated into this MOU. At no time may employee accrue more than 1,040 hours of sick leave. C. Employees shall not accumulate sick leave while compensated under the provisions of Appendix B, 89, Catastrophic Leave, and Appendix B, 811, 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 leave shall not accumulate during periods of leave of absence without pay. 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 h aving six (6) or more years of service is eligible for compensation for unused 28 19.c Packet Pg. 703 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 (POL), 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 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. Section I -Work Periods ARTICLE VI WORKING CONDITIONS A. City Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for: 29 19.c Packet Pg. 704 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 offour(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 Union two (2) weeks' notice of any proposed changes in scheduled work shifts prior to implementation. If the Union 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 Union, both parties shall meet within ten (10) calendar days in an earnest effort to reach a mutually satisfactory resolution of any problems arising 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 Union two (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 30 19.c Packet Pg. 705 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 Union, 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 -Su pp ort of A g reement By entering into this MOU, the City and the IUOE 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 IUOE and the City will support the MOU for its term and for purposes of Union ratification and Council Approval. Nothing contained in this MOU shall become biding upon the parties until such time as 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 Reo pen 31 19.c Packet Pg. 706 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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. 32 19.c Packet Pg. 707 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 12 ("IUOE") MEMORANDUM OF UNDERSTANDING 2020-2025 Executed this I ath day of D e.cem bt>r"" I 2021 . JEli __ _ Robert D. Field City Manager Genoveva Rocha City Clerk Approved as to form: r Sonia Carvalho, City Attorney Pf~" ~-~--~ 33 David Sikorski, IUOE Local 12 Financial Secretary Per Hawkins, l l!_OE Local Treasurer eonard Cross, IUOE Local 12 Business Representative Business Manager 12 19.c Packet Pg. 708 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 Union Dues/Service (Fa.ir Share) Fees .................................................. 12 Personal Tool Replacement Allowance................................................................................... 19 Post Employment Health Plan (PEHP)... ..... ... ... .... . .. ..... .... . ... .. ... .. .. .... .. .. .. .. . ... .... ......... .. . .. ....... 24 Recognition............................................................................................................................. 7 Recognition/Union 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 Union Logos .. .. . . .. . . . . .. . .. .. ... . ... . . .. . ... ........ ... .... .. . . . .. .. ..... .. . . . ... . .. . .. .. . .. .... ... . .. .. .. . . . ... . . .. . .. .... ... . . .... . 13 Vacations................................................................................................................................ 24 Work Periods ......................................................................................................................... 31 34 19.c Packet Pg. 709 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All AP PE N DI X A MOU Prov isions to be I ncluded as Part of The City of San Bernardino's Uniform Policies 35 19.c Packet Pg. 710 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All OV ERVIE W 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 of the previous MOU between the City and the Union, dated July 1, 2006 to June 30, 2009, shall be included as part of the City's uniform policies a) Article 1, 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 I) 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 B 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. 36 19.c Packet Pg. 711 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All Section 81 -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 of employees in the unit, the City agrees to meet and confer in good faith with the Union 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 82 -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 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 Personne'1 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 Union 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. Procedura l Steps for Handling Grievances: A. Info r mal: 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 37 19.c Packet Pg. 712 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 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 Union 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 t h e final resolution of the grievance. C. Time Limits: Any grievance not answered by the City within the specified time limit listed above shall be deemed settled on the basis of the Union's original demand. Likewise, any specified adjustment not appealed by the employee or their designated representa t ive 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. 38 19.c Packet Pg. 713 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 83 -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 public. 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. Employees have the right to Union 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 84 -Non-Discrimination The City and the Union 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 Union membership or any other protected class as 39 19.c Packet Pg. 714 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All defined under applicable state and federal laws. Union membership also includes Union 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 BS -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 Commission matter or grievance. 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 Union 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 contents 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 f u ll-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 40 19.c Packet Pg. 715 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All departments a memorandum explaining employee performance evaluation response procedures for General Unit 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 said request and notify the employee and the I UOE 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 BS -Bulletin Boards The City will provide adequate space on bulletin boards in each department/division for the purpose of the Union posting notice of pertinent Union business. The Union agrees that nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the event that there is a dispute arising out of the pertinence of any literature the Union chooses to post, the City Manager or their designated representative and a Union representative will meet as soon as possible to resolve the problem. Section B7 -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 41 19.c Packet Pg. 716 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All must be submitted. Applications not submitted to the Human Resources 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. 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 88 -Employee Assistance Program (EAP) 42 19.c Packet Pg. 717 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 89 -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. 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 leave 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 account will not be r eturned to the donor's account, nor can donated time be cashed out Section 810 -Injury Leave Effective with the first day of necessary absence by an injury or illness arising out of, and in t h e course of, their duties the eligible employee shall be protected by workers' compensat ion 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 e mployee 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 43 19.c Packet Pg. 718 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 employee is unable to perform the assigned usual and customary duties, and if the disability is attributable to the "injury involved." Section 811 -Leave of Absence without Pav 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 em~loyee 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 Union activities, upon designation by the Union. 44 19.c Packet Pg. 719 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 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 following 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 the 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. 45 19.c Packet Pg. 720 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All Section 812 ·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. S.ection 13 • 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 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 14 • 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 whe r e the completion on any day of such jury service does not exceed a period of four ( 4) hours duration of the employ~e's assigned work shift, it shall be the responsibility of the emp l oyee 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 46 19.c Packet Pg. 721 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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. 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 '3S 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 815 -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 816 -Probationary Period All new or newly promoted employees must serve a one (1) year probationary period. Section 817 -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 47 19.c Packet Pg. 722 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All 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 possesse 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 818 -Reasonable Sus picion Dru g and Alcohol Testin g In addition to employees already covered under the Department of Transportation (DOT) drug and alcohol testing, all General Unit 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 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 . 48 19.c Packet Pg. 723 Attachment: Attachment 3 - IUOE MOU 2020-2025 [Revision 1] (8757 : Side Letter Agreement Between the City and General Unit Employees (All Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: René Anderson, Director of Human Resources Subject: Approving Job Classifications, Amending the Salary Schedule and the FY 2021/22 Budget (All Wards) Recommendation Adopt Resolution No. 2022-100 of the Mayor and City Council of the City of San Bernardino, California, approving the following: 1. Agency Director (U) job classification; 2. Enterprise Resource Planning (ERP) Project Manager job classification; 3. Disadvantaged Business Enterprise (DBE) Specialist job classification; 4. Marketing and Media Specialist job classification; 5. Engineering Project Manager job classification; 6. Increase to the salary range for the classification of Deputy Director of Housing & Homelessness (U); 7. Increase to the salary range for the classification of Code Enforcement Officer I; and 8. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Background Staff is recommending the addition of five job classifications and increase of two salary ranges to improve the City’s diverse community outreach, oversight of multiple Public Works projects, organizational efficiency, and communication within the departments. The approval of these classifications will better position the City team to accomplish priority action items established by the Mayor and City Council. In light of the City’s recently improved benefit structure, staff was instructed to further review the compensation of both business registration and code enforcement personnel in the region. A classification and compensation study was conducted that surveyed comparable and surrounding cities for the positions of Business Registration Inspector, Code Enforcement Officer I/II, and Lead Code Enforcement Officer. The Code Enforcement Officer I classification was found to be approximately 3% below market at bottom step pay and approximately 9% below market at top step. 20 Packet Pg. 724 8900 Page 2 Discussion Agency Director As the City continues its efforts to meet its goal of restoring organizational structure, improving service delivery, and stabilizing financial capacity, staff is requesting the approval of an Agency Director. This position will provide management of projects , oversight of operations, and be responsible for administrative services that will assist departments in meeting departmental goals and objectives. The addition of this position would have no budgetary impact for the remainder of this fiscal year. Enterprise Resource Planning (ERP) Project Manager - Limited Term In the upcoming fiscal year, the City will be investing in an Enterprise Resource Planning Platform to integrate multiple functions throughout the City such as Finance, Human Resources, Permitting, Animal Licensing, Work Orders, etcetera. Implementing an intricate system that is all-inclusive of the Departments’ needs will be a complex and cumbersome task. Therefore, staff is requesting the approval of an ERP Project Manager to be responsible for working with the ERP vendor, external consultants, and City departments to ensure the success of the implementation. Due to the position being specific to the ERP system, this classification will be for a limited term of approximately three years. This position will be paid for through the capital funds that are currently set aside in the Fiscal Year 2021-2022 budget, that will carry over into the new fiscal year. There will be no fiscal impact from adding this position to the Fiscal Year 2021-2022. The recruitment for this position will take place during Fiscal Year 2022-2023. Disadvantaged Business Enterprise (DBE) Specialist The City’s dedication to serve and unify the community is one of its top goals. This includes assisting small minority and underrepresented business owners with acquiring federally funded contracts. To combat the continuing effects of past discrimination on minority owned businesses, staff is requesting the approval of a DBE Specialist. The DBE Specialist will be responsible for developing and implementing the Federal DBE Program certification procedures and monitoring contracts for utilization of socially and economically disadvantaged small business owners. This position is a reclassification from an existing contract specialist position. There will be no fiscal impact from adding this position to the Fiscal Year 2021-2022 workforce plan and salary schedule. The recruitment for this position will take place during Fiscal Year 2022-2023. Marketing and Media Specialist To increase community outreach regarding the City’s economic growth and development, staff is requesting the approval of a Marketing and Media Specialist to manage the City’s brand, social media, and execute the City’s marketing strategy. This position will identify social media audiences to determine the most effective platforms and communication methods to disseminate information about the City, reach residents, and engage the community. There will be no fiscal impact from adding this position to the Fiscal Year 2021-2022 workforce plan and salary schedule. The recruitment for this position will take place during Fiscal Year 2022-2023. 20 Packet Pg. 725 8900 Page 3 Engineering Project Manager On March 2, 2022, the Mayor and City Council accepted the Fiscal Year 2021/22 Mid- Year Budget report, which approved funding to create a classification specific to project management in the Public Works Department. For this reason, staff is requesting the approval of the Engineering Project Manager classification to oversee construction and operation of multiple multi-year Public Works Improvement projects from conception to implementation. Deputy Director of Housing and Homelessness (U) To align the salaries of the Deputy Director classifications, staff is recommending an adjustment to the salary range for the Deputy Director of Housing and Homelessness (U) from 620 to 629. This salary range aligns with the Deputy Directors of Finance, Human Resources, and Information Technology. Code Enforcement Officer I Hiring code enforcement personnel has continued to be difficult. To address this challenge, staff recommends bringing the Code Enforcement Officer I (Flex) salary range from 435, $4,051.93-$4,925.71 to salary range 441, $4,174.97-$5,074.82. Raising this pay to a more competitive range to that in the labor market will eliminate the identified pay gap and allow the City to attract qualified Code Enforcement Officer I candidates and retain those currently employed . 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 these proposed job classifications align with Key Target No. 2: Focused, Aligned Leadership and Unified Community by investing in resources, technology, and tools to continually improve organizational efficiency and organizational effectiveness; and Key Target No. 3: Improved Quality of Life by improving the City’s appearance, cleanliness, and attractiveness through Capital and Public Works Improvement Projects. Fiscal Impact There is no fiscal impact to the City for establishing the new job classifications. The on - boarding of these positions will occur in the new fiscal year. The fiscal impact to raise the salary for currently employed Code Enforcement Officer I, calculated at the top step, is $2,800 for Fiscal Year 2021/22. On an annual basis, the impact will be approximately $45,000. Conclusion Adopt Resolution No. 2022-100 of the Mayor and City Council of the City of San 20 Packet Pg. 726 8900 Page 4 Bernardino, California, approving the following: 1. Agency Director (U) job classification; 2. Enterprise Resource Planning (ERP) Project Manager job classification; 3. Disadvantaged Business Enterprise (DBE) Specialist job classification; 4. Marketing and Media Specialist job classification; 5. Engineering Project Manager job classification; 6. Increase to the salary range for the classification of Deputy Director of Housing & Homelessness (U); 7. Increase to the salary range for the classification of Code Enforcement Officer I; and 8. Amendment of the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Attachments Attachment 1 Resolution 2022-100 Attachment 2 Resolution 2022-100 Exhibit A - City-wide Salary Schedule Ward: All Synopsis of Previous Council Actions: March 2, 2022 Mayor and City Council Adopted Resolution No. 2022-54 authorizing the Fiscal Year 2021/22 Mid-year Budget Report. 20 Packet Pg. 727 Resolution No. 2022-100 Resolution 2022-100 May 18, 2022 Page 1 of 4 RESOLUTION NO. 2022-100 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FOLLOWING: 1. AGENCY DIRECTOR (U); JOB CLASSIFICATION; 2. ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER JOB CLASSIFICATION; 3. DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST JOB CLASSIFICATION; 4. MARKETING AND MEDIA SPECIALIST JOB CLASSIFICATION; 5. ENGINEERING PROJECT MANAGER JOB CLASSIFICATION; 6. INCREASE TO THE SALARY RANGE FOR THE CLASSIFICATION OF DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U); 7. INCREASE TO THE SALARY RANGE FOR THE CLASSIFICATION OF CODE ENFORCEMENT OFFICER I CLASSIFICATION; AND 8. AMENDMENT OF THE CITY- WIDE SALARY SCHEDULE FOR FULL-TIME, PART- TIME, TEMPORARY, AND SEASONAL POSITIONS WHEREAS, the Agency Director (U) will provide management of projects, oversight of operations, and be responsible for administrative services that will assist departments in meeting departmental goals and objectives; WHEREAS, the Enterprise Resource Planning Project Manager will assure the successful implementation of the Enterprise System that will be used City-wide and improve interdepartmental processes; WHEREAS, to ensure nondiscrimination in the award of federal funded contracts, the Disadvantaged Business Enterprise (DBE) Specialist will create a level playing field for underrepresented business owners to compete for federally assisted contracts; WHEREAS, there is a need to develop a City brand and marketing campaign, the Marketing and Media specialist will increase social media presence and inform the residents of program initiatives and services available to them; WHEREAS, the Engineering Project Manager will be responsible for the development and implementation of Capital and Public Works Improvement Projects and ensure projects are within budget, contract, timeframes, and specification limitations; WHEREAS, To align the salaries of the Deputy Director classifications, staff is recommending an adjustment to the salary range for the Deputy Director of Housing and Homelessness (U). 20.a Packet Pg. 728 Attachment: Attachment 1 - Resolution No. 2022-100 Approving Job Classifications, Amending the Salary Schedule and the FY 2021/22 Budget Resolution No. 2022-100 Resolution 2022-100 May 18, 2022 Page 2 of 4 WHEREAS, raising the salary for the Code Enforcement Officer I classification to a more competitive range to that in the labor market will eliminate the identified pay gap and allow the City to attract qualified Code Enforcement Officer I candidates and retain those currently employed; WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and WHEREAS, the salary schedule meets the California Public Employee’s 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 classification of Agency Director (U), Range 692, $14,381.08 - $17,479.54/month, is hereby established and approved. SECTION 3. The classification of Enterprise Resource Planning (ERP) Project Manager, Range 532, $6,474.21 - $7,869.90/month, is hereby established and approved. SECTION 4. The classification of Disadvantaged Business Enterprise (DBE) Specialist, Range 560, $7,546.21 -$9,172.25/month, is hereby established and approved. SECTION 5. The classification of Marketing and Media Specialist, Range 476, $4,896.74 - $5,952.49/month, is hereby established and approved. SECTION 6. The classification of Engineering Project Manager, Range 590, $8,646.31 - $10,510.32/month, is hereby established and approved. SECTION 7. The salary range for Deputy Director of Housing and Homelessness (U), Range 629 $10,503.13 - $12,766.64/month, is hereby amended. SECTION 8. The salary range for Code Enforcement Officer I, range 441, $4,174.97- $5,074.82 is hereby amended. SECTION 9. The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit B, is hereby approved. SECTION 10. 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 20.a Packet Pg. 729 Attachment: Attachment 1 - Resolution No. 2022-100 Approving Job Classifications, Amending the Salary Schedule and the FY 2021/22 Budget Resolution No. 2022-100 Resolution 2022-100 May 18, 2022 Page 3 of 4 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 City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 20.a Packet Pg. 730 Attachment: Attachment 1 - Resolution No. 2022-100 Approving Job Classifications, Amending the Salary Schedule and the FY 2021/22 Budget Resolution No. 2022-100 Resolution 2022-100 May 18, 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. 2022-100, 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. 731 Attachment: Attachment 1 - Resolution No. 2022-100 Approving Job Classifications, Amending the Salary Schedule and the FY 2021/22 Budget ADOPTED 5/18/22 EFFECTIVE 5/19/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX)465 $4,705.71 MONTHLY $5,720.25 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,199.94 MONTHLY $6,320.85 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,121.65 MONTHLY $6,225.67 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,181.46 MONTHLY $7,513.94 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U)608 $9,458.67 MONTHLY $11,497.27 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX)399 $3,386.69 MONTHLY $4,115.54 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,741.21 MONTHLY $4,547.21 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,092.60 MONTHLY $4,974.72 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,403.37 MONTHLY $4,136.39 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)464 $4,612.26 MONTHLY $5,606.39 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,523.64 MONTHLY $4,282.59 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $3,893.36 MONTHLY $4,731.39 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,703.36 MONTHLY $4,501.34 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,165.44 MONTHLY $6,278.27 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)535 $6,571.77 MONTHLY $7,988.01 MONTHLY MANAGEMENT PENDING AGENCY DIRECTOR (U)692 $14,381.08 MONTHLY $17,479.54 MONTHLY 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 EXECUTIVE 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 City of San Bernardino Salary Schedule SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 1 of 7 20.b Packet Pg. 732 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22 EFFECTIVE 5/19/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 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 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 NA $22,195.99 MONTHLY $27,083.33 MONTHLY EXECUTIVE 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)441 $4,174.97 MONTHLY $5,074.82 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)629 $10,503.13 MONTHLY $12,766.64 MONTHLY MANAGEMENT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U)629 $10,503.13 MONTHLY $12,766.64 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)629 $10,503.13 MONTHLY $12,766.64 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)612 $9,649.69 MONTHLY $11,728.34 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 2 of 7 20.b Packet Pg. 733 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22 EFFECTIVE 5/19/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 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 10685 DIRECTOR OF ANIMAL SERVICES (U)630 $10,555.51 MONTHLY $12,830.31 MONTHLY EXECUTIVE 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)692 $14,381.08 MONTHLY $17,479.54 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U)692 $14,381.08 MONTHLY $17,479.54 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U)660 $12,259.30 MONTHLY $14,900.74 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $12,259.30 MONTHLY $14,900.74 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)662 $12,382.54 MONTHLY $15,050.69 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U)692 $14,381.08 MONTHLY $17,479.54 MONTHLY EXECUTIVE PENDING DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $7,546.21 MONTHLY $9,172.25 MONTHLY MIDDLE 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 PENDING ENGINEERING PROJECT MANAGER 590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,280.28 MONTHLY $5,203.07 MONTHLY GENERAL PENDING ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,474.21 MONTHLY $7,869.90 MONTHLY MANAGEMENT 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 SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 3 of 7 20.b Packet Pg. 734 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22 EFFECTIVE 5/19/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 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 10730 GRANT DIVISION MANAGER (U)601 $9,134.14 MONTHLY $11,102.90 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,687.53 MONTHLY $6,912.74 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 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 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 30080 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 SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 4 of 7 20.b Packet Pg. 735 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22 EFFECTIVE 5/19/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 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 PENDING MARKETING & MEDIA SPECIALIST 476 $4,896.74 MONTHLY $5,952.49 MONTHLY CONFIDENTIAL 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,612.90 MONTHLY $5,607.64 MONTHLY GENERAL 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 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,181.46 MONTHLY $7,513.94 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 5 of 7 20.b Packet Pg. 736 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22 EFFECTIVE 5/19/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 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 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 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,520.85 MONTHLY $5,495.48 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 SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 6 of 7 20.b Packet Pg. 737 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] ADOPTED 5/18/22 EFFECTIVE 5/19/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 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 10740 TREASURY MANAGER 598 $8,998.57 MONTHLY $10,937.55 MONTHLY MANAGEMENT 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 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 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/6/22 (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 20.b Packet Pg. 738 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] 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 20.b Packet Pg. 739 Attachment: Attachment 2 - Resolution No. 2022-100; Exhibit A - City-wide Salary Schedule [Revision 1] (8900 : Approving Job Classifications, Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: David Green, Interim Chief of Police Subject: Purchase of Commercial Vehicle Enforcement Trucks (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to issue a purchase order to UAG of Cerritos in an amount not to exceed $110,000. Background In 2021, the San Bernardino Police Department began planning to create a Commercial Enforcement Unit to address the impact of increased commercial traffic on the City’s roadways. To create a functioning Commercial Enforcement Unit, the Police Department allocated funds within the Fiscal Year 2021/22 budget for the purchase of vehicles, equipment, and the assignment of personnel. On June 16, 2021, the Mayor and City Council adopted the Fiscal Year 2021/22 operating budget, allowi ng the Police Department to move forward with the project. Discussion In recent years, the City of San Bernardino has experienced rapid growth in the logistics and transportation sectors. This growth has been accompanied by increased commercial vehicle traffic on roadways and requests from the public that the police department ensure these vehicles are legally and safely operated. The Police Department has responded to this need by establishing a Commercial Enforcement Unit. The Commercial Enforcement Unit requires unique equipment in addition to the standard equipment carried by patrol officers. This necessitates the purchase of larger vehicles capable of carrying the needed equipment as officers conduct enforcement activities. To adequately equip the officers assigned to the unit, the Police Department needs to purchase two commercial enforcement vehicles. After several months of conducting commercial enforcement activity and the study of commercial enforcement units from other law enforcement agencies, the Police Department has determined that the vehicle type that best serves the needs of the unit is a pick -up truck. Each truck purchased would be outfitted with the necessary emergency equipment and other modifications to securely carry and operate the equipment required for commercial 21 Packet Pg. 740 8904 Page 2 enforcement operations. The Police Department determined what vehicle specifications were required and on February 23, 2022, the Finance Department opened a competitive bid process. At that time, bids were solicited for a Dodge Ram 2500 pick-up truck. The bid was written for a Dodge truck based on availability, since Ford and Chevrolet were not willing to accept orders for trucks and this issue would have prevented any Ford or Chevrolet dealerships from submitting bids. At the conclusion of that bid process, no bids were received. On March 17, 2022, the Finance Department reopened the competitive bid process, and one bid was submitted before the process was closed. The sole bid submitted was from UAG of Cerritos, more commonly known as Penske Chevrolet of Cerritos for a 2022 Chevrolet Silverado 2500 pick-up truck. This vehicle met or exceeded the vehicle specifications of the Dodge truck in all areas except for the requirement regarding the alternator. This issue is relatively minor and can be overcome through the addition of a second alternator when the truck is outfitted with the necessary equipment. Current supply chain shortages and the lack of vehicle availability have negatively impacted the vehicle purchasing processes for private citizens and government agencies alike. This impact has been felt by government agencies when few or no responses are received for bid requests related to vehicle purchases. This bid process has reflected that trend and it is unlikely that opening the bid for a third time will yield different results. The vehicle bid submitted by UAG of Cerritos will meet the overall needs of the Commercial Enforcement Unit and it is recommended that the City move forward with the purchase of two trucks. Bid Results Table Vendor Cost Quantity Total Penske Chevrolet $52,574.00 2 $105,148 2021-2025 Key Strategic Targets and Goals The purchase of two commercial vehicle enforcement trucks aligns with Key Target No. 3: Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact The fiscal impact to the City involves the expenditure of up to $110,000 from the Fiscal Year 2021/2022 adopted budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to issue a purchase order to UAG of Cerritos in an amount not to exceed $110,000. Attachments 21 Packet Pg. 741 8904 Page 3 Attachment 1 Commercial Enforcement Bid and Response Document Attachment 2 Penske Contract Attachment 3 Exhibit A to Penske Contract (Vehicle Specifications) Attachment 4 Exhibit B to Penske Contract (Delivery and Fee Schedule) Ward: All Synopsis of Previous Council Actions: June 16, 2021 Adoption of the Fiscal Year 2021/22 budget by the Mayor and City Council of San Bernardino. 21 Packet Pg. 742 21.a Packet Pg. 743 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 744 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 745 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 746 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 747 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 748 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 749 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 750 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 751 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 752 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 753 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 754 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 755 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 756 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 757 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 758 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 759 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 21.a Packet Pg. 760 Attachment: Attachment 1 - Commercial Enforcement Bid and Response Document (8904 : Purchase of Commercial Vehicle Enforcement 1 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this 18th day of May, 2022, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and UAG Cerritos I, LLC (Penske Chevrolet of Cerritos), a limited liability corporation with its principal place of business at 18605 Studebaker Rd, Cerritos, CA 90703 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Pa rties” in this Agreement. Section 1. DEFINITIONS. A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request. Section 3. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after 21.b Packet Pg. 761 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 2 rejection or acceptance thereof. Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s vehicle warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights 21.b Packet Pg. 762 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “B,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination. Section 6. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which 21.b Packet Pg. 763 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 4 payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in 21.b Packet Pg. 764 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 5 scheduling the delivery so that City can maximize the efficient completion of such project(s). Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontra ctors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. 21.b Packet Pg. 765 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 6 Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsul tants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. Section 14. INSURANCE. A. General. Supplier shall take out and maintain: 21.b Packet Pg. 766 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 7 1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property dam age including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. 6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self - insurance or other coverage maintained by the City or any additiona l insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separate ly to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. 21.b Packet Pg. 767 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 8 D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policie s, at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endors ements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish an y and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileg es of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial 21.b Packet Pg. 768 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 9 and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for whi ch it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects 21.b Packet Pg. 769 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 10 thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. MISCELLANEOUS PROVISIONS. A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Lieutenant Michele Mahan With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUPPLIER: UAG Cerritos I, LLC, (Penske Chevrolet of Cerritos) 18605 Studebaker Road Cerritos, Ca. 90703 Attn: Kyle Slavin Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. 21.b Packet Pg. 770 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 11 C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and a uthority to make this Agreement and bind each respective Party. K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered 21.b Packet Pg. 771 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 12 as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] 21.b Packet Pg. 772 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND UAG CERRITOS I, LLC IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney SUPPLIER UAG CERRITOS I, LLC Signature Name Title 21.b Packet Pg. 773 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 14 Exhibit A Goods Specifications [ATTACHED] 21.b Packet Pg. 774 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 15 Exhibit B Delivery Schedule/Fee Schedule [ATTACHED] 21.b Packet Pg. 775 Attachment: Attachment 2 - Penske Contract [Revision 1] (8904 : Purchase of Commercial Vehicle Enforcement Trucks (All Wards)) 21.c Packet Pg. 776 Attachment: Attachment 3 - Exhibit A to Penske Contract (Vehicle Specifications) (8904 : Purchase of Commercial Vehicle Enforcement Trucks 21.c Packet Pg. 777 Attachment: Attachment 3 - Exhibit A to Penske Contract (Vehicle Specifications) (8904 : Purchase of Commercial Vehicle Enforcement Trucks 21.c Packet Pg. 778 Attachment: Attachment 3 - Exhibit A to Penske Contract (Vehicle Specifications) (8904 : Purchase of Commercial Vehicle Enforcement Trucks 21.c Packet Pg. 779 Attachment: Attachment 3 - Exhibit A to Penske Contract (Vehicle Specifications) (8904 : Purchase of Commercial Vehicle Enforcement Trucks 21.d Packet Pg. 780 Attachment: Attachment 4 - Exhibit B to Penske Contract (Delivery and Fee Schedule) (8904 : Purchase of Commercial Vehicle Enforcement Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: David Green, Interim Chief of Police Subject: Authorize the Issuance of a Purchase Order Body Worn Camera Solution Contract Extension (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the Second Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for body worn camera services; and authorize the Director of Finance to issue a purchase order to Axon Enterprise Inc., in an amount not to exceed $48,200. Background On February 21, 2017, the City entered into an agreement with Axon Enterprise, Inc., (then Taser International, Inc.) to provide the Police Department with Body Worn Camera (BWC) services. On December 6, 2017, the City and Axon modified the agreement to incorporate the purchase of Taser weapons. In 2020, staff identified excessive costs to the contract and renegotiated a cost savings of more than $139,000 over two years. That renegotiation process resulted in the execution of a replacement Professional Services Agreement with Axon Enterprise, Inc. In April of 2022, the City extended the contract by 2.5 months to provide staff time to complete an RFP process consistent with the City's procurement process. The agreement is currently set to expire on June 30, 2022. Discussion The Department is in the process of selecting a new BWC system provider. On February 8, 2022, staff issued an RFP to solicit proposals from different vendors. The bidding closed on February 24, 2022. The City received numerous submissions from qualified vendors, each with innovative solutions that met the RFP requirements. As a result, the City began a thorough interview, trial, and vetting process to identify the best - valued vendor. During this vetting process, staff has learned that transferring BWC data from Axon’s evidence management system over to other vendors is more complex than was initially understood. Under our current contract with Axon, the City owns all data associated with its account; however, staff has learned that although the City owns the data, the metadata is 22 Packet Pg. 781 8945 Page 2 encrypted in a manner that it is only accessible by Axon. The City currently has approximately 200 terabytes of data stored in Axon’s evidence management system which equates to thousands of videos. Some of those videos contain eviden ce of crimes that must be retained for court purposes. Retaining the meta -data associated with those videos is important so that staff can easily identify videos when needed . Staff is working with vendors to identify a method of transferring all data and the best option vendor cannot be selected until this process is completed. The City’s review panel anticipates selecting a vendor soon, but staff will not be able to present the selection to the Mayor and City Council until after the current contract expires. To maintain BWC services during the selection process and in preparation for unanticipated delays related to vendor selection, staff requested a contract extension from Axon. The extension will be effective at the beginning of the new fiscal year , for which funds have been budgeted to cover the anticipated cost of the new contract. In addition to this extension, two one -month option extensions are also available at City’s discretion if more time is needed for the data migration. The following tabl e lists the cost of a contract extension that will provide BWC coverage to the end of September 30, 2022. Also included are the costs of the two option months: Vendor Cost Quantity Total Axon Enterprises Inc. $24,100.00 3 months $24,100.00 $24,100.00 2 option months $24,100.00 Staff requests the issuance of a purchase order to Axon Enterprise for an amount not to exceed $48,200 including a slight contingency to cover any unforeseen costs . 2021-2025 Strategic Targets and Goals This contract extension for Body Worn Camera services aligns with Key Target No. 3: Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact The financial impact to the City is $48,200. There is sufficient funding in the FY 2022/2023 Adopted Budget in account numbers: 001 -210-0086*5502 to cover this cost. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the Second Amendment to the Professional Services Agreement with Axon Enterprise, Inc., for body worn camera services; and authorize the Director of Finance to issue a purchase order to Axon Enterprise, Inc. in an amount not to exceed $48,200. Attachments Attachment 1 Amendment No. 2 to Professional Services Agreement with Axon 22 Packet Pg. 782 8945 Page 3 Enterprise, Inc. Attachment 2 First Amendment to Professional Services Agreement with Axon Enterprise, Inc. Attachment 3 Original Agreement Taser International, Inc (Axon) Attachment 4 Axon Quote for Contract Extension Ward: All Synopsis of Previous Council Actions: April 6, 2022 Mayor and City Council authorized the City Manager to execute a Professional Services Agreement with Axon Enterprise, Inc, to extend the City’s current contract for body worn cameras. June 17, 2020 Mayor and City Council adopted Resolution 2020 -129, authorizing the City Manager to execute a replacement Professional Services Agreement with Axon Enterprise, Inc., decreasing costs for the remaining two years of an existing five-year agreement by $139,426.56. December 6, 2017 Mayor and City Council adopted Resolution 2017 -232, authorizing the execution of a 5-year agreement between the City of San Bernardino and Axon Enterprise, Inc. for body worn cameras and Taser X26P weapons and issuance of a purchase order to Axon Enterprise, Inc. September 6, 2017 Mayor and City Council adopted Resolution 2017 -171, authorizing the Director of Finance to issue purchase orders to Taser International, Inc. and the City of Fontana Police Department for body worn camera data storage. February 21, 2017 Mayor and City Council adopted Resolution 2017 -020, authorizing the City manager to execute a vendor services agreement with Taser International, Inc., and authorizing the Director of Finance to issue a purchase order to Taser International, Inc. in the amount of $341,230 for body worn cameras. 22 Packet Pg. 783 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH AXON ENTERPRISE, INC. This Amendment No. 2 to the Professional Services Agreement is made and entered into as of May 18, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Axon Enterprise, Inc., a Delaware corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and Consultant have entered into an agreement, dated February 21, 2017, for the purchase of 285 body worn camera licenses (“First Agreement”). B. WHEREAS, the City and Consultant have entered into an amendment to the First Agreement, dated December 6, 2017, to incorporate the purchase of TASER weapons. C. WHEREAS, the City and the Consultant have entered into a replacement agreement, dated June 17, 2020, for the purpose of reducing the cost of services for body-worn cameras, digital evidence management, and TASER conducted energy weapons (the “Master Agreement”). D. WHEREAS, the City and Consultant have entered into Amendment No. 1 to the Master Agreement, dated April 6, 2022, in order to extend the term of the Master Agreement through June 30, 2022, provide additional services, and include additional funds for the performance of the additional services. E. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement through September 30, 2022, provide the City with two one month extension options, provide additional services, and to include additional funds for the continued performance of the services. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 2 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall be extended through September 30, 2022, unless earlier terminated. In addition, City shall, at its sole discretion, have the option to extend the term of the Master Agre ement for option terms 22.a Packet Pg. 784 Attachment: Attachment 1 - Amendment No. 2 to Professional Services Agreement with Axon Enterprise, Inc. [Revision 1] (8945 : Authorize the of one month each. Option Term #1 shall begin on October 1, 2022 and end on October 31, 2022. Option Term #2 shall begin on November 1, 2022 and end on November 30, 2022. 3. Services. The Services, as that term is defined in the Master Agreement, shall be amended to include additional services, as further described in Exhibit “A -1”, attached to this Amendment No. 2 and incorporated herein by reference. Services shall be provided at the rates as more particularly described in Exhibit “A-1”. Services during the Option Terms shall be provided at a monthly rate of approximately Twelve Thousand Fifty Dollars ($12,050.00). 4. Compensation. The compensation for Services performed pursuant to this Amendment No. 2 shall not exceed Forty Eight Thousand Two Hundred Dollars ($48,200.00), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Five Hundred Twenty Six Thousand Five Hundred Eleven Dollars and Four Cents ($526,511.04). 5. Full Force. Except as amended by this Amendment No. 2, 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. 2. 6. Electronic Transmission. A manually signed copy of this Amendment No. 2 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 Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature. 7. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] 22.a Packet Pg. 785 Attachment: Attachment 1 - Amendment No. 2 to Professional Services Agreement with Axon Enterprise, Inc. [Revision 1] (8945 : Authorize the SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH AXON ENTERPRISE, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 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 AXON ENTERPRISE, INC. Signature Name Title 22.a Packet Pg. 786 Attachment: Attachment 1 - Amendment No. 2 to Professional Services Agreement with Axon Enterprise, Inc. [Revision 1] (8945 : Authorize the EXHIBIT A-1 AXON QUOTE ADDITIONAL SERVICES/COMPENSATION [ATTACHED] 22.a Packet Pg. 787 Attachment: Attachment 1 - Amendment No. 2 to Professional Services Agreement with Axon Enterprise, Inc. [Revision 1] (8945 : Authorize the 22.b Packet Pg. 788 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 789 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 790 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 791 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 792 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 793 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 794 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 795 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 796 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 797 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 798 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 799 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 800 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 801 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 802 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 803 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 804 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 805 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 806 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 807 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 808 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.b Packet Pg. 809 Attachment: Attachment 2 - First Amendment to PSA w Axon Enterprise, Inc (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.c Packet Pg. 810 Attachment: Attachment 3 - Original Agreement Taser International, Inc (Axon) (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.c Packet Pg. 811 Attachment: Attachment 3 - Original Agreement Taser International, Inc (Axon) (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.c Packet Pg. 812 Attachment: Attachment 3 - Original Agreement Taser International, Inc (Axon) (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.c Packet Pg. 813 Attachment: Attachment 3 - Original Agreement Taser International, Inc (Axon) (8945 : Authorize the Issuance of a Purchase Order Body Worn 22.c Packet Pg. 814 Attachment: Attachment 3 - Original Agreement Taser International, Inc (Axon) (8945 : Authorize the Issuance of a Purchase Order Body Worn Page 1 Q-389901-44678.663CM Q-389901-44678.663CM Issued: 04/27/2022 Quote Expiration: Estimated Contract Start Date: 07/01/2022 Account Number: 106954 Payment Terms: N30 Delivery Method: Fedex - Ground SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Delivery;Invoice-710 N D St San Bernardino Police Dept. - CA Chris Morton Nelson Carrington 710 N D St 710 N D St Phone: +1 2063106165 Phone: (909) 384-5690 San Bernardino, CA 92401-1112 San Bernardino, CA 92401-1112 Email: cmorton@axon.com Email: carrington_ne@sbcity.org USA USA Fax: Fax: Email: Quote Summary Discount Summary Program Length 3 Months Average Savings Per Year $77,120.00 TOTAL COST $24,100.00 ESTIMATED TOTAL W/ TAX $24,100.00 TOTAL SAVINGS $19,280.00 Payment Summary Date Subtotal Tax Total Jun 2022 $24,100.00 $0.00 $24,100.00 Total $24,100.00 $0.00 $24,100.00 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 22.d Packet Pg. 815 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a Page 2 Q-389901-44678.663CM Quote Unbundled Price:$43,380.00 Quote List Price:$43,380.00 Quote Subtotal:$24,100.00 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software 73682 AUTO TAGGING LICENSE 180 3 $9.00 $5.00 $2,700.00 $0.00 $2,700.00 73686 UNLIMITED BWC + CAPTURE STORAGE 180 3 $24.00 $13.33 $7,200.00 $0.00 $7,200.00 BasicLicense Basic License Bundle 100 3 $15.00 $8.33 $2,500.00 $0.00 $2,500.00 ProLicense Pro License Bundle 180 3 $39.00 $21.67 $11,700.00 $0.00 $11,700.00 Total $24,100.00 $0.00 $24,100.00 22.d Packet Pg. 816 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a Page 3 Q-389901-44678.663CM Delivery Schedule Software Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE-100 07/01/2022 09/30/2022 Basic License Bundle 73840 EVIDENCE.COM BASIC LICENSE 100 07/01/2022 09/30/2022 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE-540 07/01/2022 09/30/2022 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 180 07/01/2022 09/30/2022 A la Carte 73682 AUTO TAGGING LICENSE 180 07/01/2022 09/30/2022 A la Carte 73686 UNLIMITED BWC + CAPTURE STORAGE 180 07/01/2022 09/30/2022 22.d Packet Pg. 817 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a Page 4 Q-389901-44678.663CM Payment Details Jun 2022 Invoice Plan Item Description Qty Subtotal Tax Total Extension - 7/1/2022- 9/30/2022 73682 AUTO TAGGING LICENSE 180 $2,700.00 $0.00 $2,700.00 Extension - 7/1/2022- 9/30/2022 73686 UNLIMITED BWC + CAPTURE STORAGE 180 $7,200.00 $0.00 $7,200.00 Extension - 7/1/2022- 9/30/2022 BasicLicense Basic License Bundle 100 $2,500.00 $0.00 $2,500.00 Extension - 7/1/2022- 9/30/2022 ProLicense Pro License Bundle 180 $11,700.00 $0.00 $11,700.00 Total $24,100.00 $0.00 $24,100.00 22.d Packet Pg. 818 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a Page 5 Q-389901-44678.663CM Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 22.d Packet Pg. 819 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a Page 6 Q-389901-44678.663CM \s1\\d1\ Signature Date Signed 4/27/2022 22.d Packet Pg. 820 Attachment: Attachment 4 - Axon Quote for Contract Extension (8945 : Authorize the Issuance of a Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: David Green, Interim Chief of Police Subject: Adopt Ordinance MC-1579, Police Department Policy 705 (Military Equipment Policy) (All Wards) Recommendation Adopt Ordinance No. MC-1579 of the Mayor and City Council of the City of San Bernardino, California, adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481. Background AB 481 was enacted to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local law enforcement. It requires law enforcement agencies to obtain approval from the legislative bodies that oversee them before purchasing, raising funds for, or acquiring military equipment, by any means. Law enforcement agencies are also required to obtain approval by their legislative bodies before collaborating with another law enforcement agency in the deployment or use of military equipment within the law enforcement agency’s jurisdiction, or before using any new or existing military equipment not previously approved. Under AB 481, a governing body approval must take the form of an ordinance adopting a publicly released, written military equipment use policy, which must address a number of specific topics, including the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment, the fiscal impact of their acquisition and use, the legal and procedural rules that govern their use, the training required by any officer allowed to use them, the mechanisms in place to ensure policy compliance, and the procedures by which the public may register complaints. The governing body must consider a proposed military equipment use policy in open session and may only approve a military equipment use policy if it makes various specific findings regarding the necessity of the military equipment and the lack of reasonable alternatives. AB 481 also requires any law enforcement agency that receives approval for the use of military equipment to submit annual reports to the governing body regarding the use of the equipment, any complaints received, any internal audits or other information about violations of the military equipment use policy, the cost of such use, and other similar information. 23 Packet Pg. 821 8955 Page 2 Discussion Law enforcement incidents can be unpredictable and complex. In order to de -escalate violent and tense situations, at times, special equipment, tools, or resources may be necessary to reduce the possibility of harm to community members, individuals directly involved in the incident, and officers and increase the likelihood of a positive out come. Items identified as “military equipment” include, but are not limited to, unmanned aerial (Drones) or ground vehicles, pepper balls, less lethal 40mm projectile launchers and distraction devices. These tools have been tested in the field and are used to help enhance citizen safety, officer safety, and reduce the need for escalation of force. They are commonly utilized by law enforcement, and their use is considered best practices. The San Bernardino Police Department (“Department”) has not discovered other reasonable alternatives for these tools that can achieve the same objectives of community member safety and officer safety as these tools are capable of doing. The mere presence or communicated use of some of these tools can help to de - escalate a situation prior to the need to utilize them and some items can be used for other purposes, such as an unmanned aerial vehicle (i.e., drone) for missing persons or interior searches of a building, or a Long -Range Acoustic Device (LRAD) for making announcements during evacuations. The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter. The adoption of Ordinance No. MC-1579 and Policy 705 provide for safeguards to the public’s safety, welfare, and civil rights and ensures transparency, oversight and accountability measures are in place. As examples, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to City Council the use of this equipment, seek approval prior to purchasing tools deemed to be “military equipment.” On May 4, 2022, the Mayor and City Council introduced, read by tile only, and waived further reading of Ordinance No. MC-1579. The Ordinance is now ready for adoption. 2021-2025 Key Strategic Targets and Goals The adoption of Police Department Policy 705 aligns with Key Target No. 3: Improved Quality of Life; constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact There is no new fiscal impact associated with the approval of this ordinance, policy, and equipment list. Any future equipment would be subject to approved budgets at the time of acquisition and approval. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, 23 Packet Pg. 822 8955 Page 3 California, adopt Ordinance No. MC-1579 of the Mayor and City Council of the City of San Bernardino, California, adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481. Attachments Attachment 1 Ordinance No. MC-1579 Attachment 2 Ordinance No. MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” Ward: All Synopsis of Previous Council Actions: May 4, 2022 First reading of Ordinance No. MC-1579 adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481 was presented to, and introduced by, the Mayor and City Council. 23 Packet Pg. 823 Ordinance MC-1579 ORDINANCE NO. MC-1579 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING POLICE DEPARTMENT POLICY NO. 705 (MILITARY EQUIPMENT POLICY), IN ACCORDANCE WITH ASSEMBLY BILL 481 WHEREAS, the City San Bernardino, California, (“City”), is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and WHEREAS, AB 481 requires adoption of a military equipment policy (“Policy”) by the City Council before the San Bernardino Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and WHEREAS, in accordance with AB 481, the proposed Policy was made available on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and WHEREAS, once adopted, the Policy will be made publicly available on the Department website for as long as the covered military equipment is available for use; and WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and WHEREAS, this Ordinance shall be reviewed by the City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO 23.a Packet Pg. 824 Attachment: Attachment 1 - Ordinance MC-1579 Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) (8955 : Adopt Ordinance MC-1579 ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy: A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. SECTION 3. Adoption of Military Equipment Policy. The City Council hereby adopts the Policy No. 705, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Exhibit “A.” SECTION 4. Notice of Adoption. 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. SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. 23.a Packet Pg. 825 Attachment: Attachment 1 - Ordinance MC-1579 Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) (8955 : Adopt Ordinance MC-1579 SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 23.a Packet Pg. 826 Attachment: Attachment 1 - Ordinance MC-1579 Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) (8955 : Adopt Ordinance MC-1579 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1579, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 4th day of May, 2022 Ordinance No. MC-1579 was approved and adopted at a regular meeting held the XX 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 23.a Packet Pg. 827 Attachment: Attachment 1 - Ordinance MC-1579 Ordinance Adopting Police Department Policy 705 (Military Equipment Policy) (8955 : Adopt 1 San Bernardino Police Department SBPD Policy Manual Military Equipment 705.1 PURPOSE AND SCOPE The purpose of this policy (“Policy”) is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 (“AB 481”). (California Government Code § 7070 et seq.) 705.1.1 DEFINITIONS Definitions related to this policy (“Policy”) include those provided in Government Code section 7070, and as follows: 1. Governing body – The City of San Bernardino City Council (“City Council”). 2. Military equipment – As defined in Government Code section 7070, Subsections (c)(1) through (c)(16). 705.1.2 MILITARY EQUIPMENT USE POLICY CONSIDERATIONS 1. The military equipment acquired or sought by the San Bernardino Police Department (“Department”): (a) Is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) Is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (c) Will safeguard the public’s welfare, safety, civil rights, and civil liberties. 2. Military equipment shall only be used by Department personnel only after applicable training, including any course required by the Commission on Peace Officer Standards and Training has been completed, unless exigent circumstances arise. 705.2 POLICY Pursuant to California Government Code section 7070, the Department will maintain a copy of the Policy on its website as long as the equipment is in use. It is the Policy of the Department that members of this Department will comply with the provisions of Government Code section 7071 with respect to military equipment. 705.3 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Policy is submitted to the City Council and is available on the Department website at least thirty (30) days prior to any public hearing concerning the military equipment at issue. Policy 705 23.b Packet Pg. 828 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 2 The Policy must be approved by the City Council prior to engaging in any of the following: a) Requesting military equipment made available pursuant to 10 USC § 2576(a). b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, federal funds, in-kind donations, or other donations or transfers. c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council. f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. g) Acquiring military equipment through any means not provided above. 705.4 CATALOGING OF MILITARY USE EQUIPMENT All military use equipment kept and maintained by the Department shall be catalogued in a way which addresses each of the following requirements: 1. Description of each type of military equipment; 2. Quantity sought; 3. Capabilities of the equipment; 4. The expected lifespan of the equipment; 5. The purpose and authorized uses for which the Department proposes to use each type of equipment; 6. The fiscal impact of the equipment, both initially and for ongoing maintenance; and 7. Training including courses required by the Commission on Peace Officer Standards and Training. 705.5 MILITARY EQUIPMENT COORDINATOR The Chief of Police will designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the City Council for matters related to the requirements of this Policy. (b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council. (c) Conducting an inventory of all military equipment annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department. (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1. Publicizing the details of the meeting; and 2. Preparing for public questions regarding the Department’s funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring the report is made available on the Department website. (g) Establishing a procedure for a person to register a complaint or concern, or how that person may submit a question regarding the use of military equipment, and how the Department will respond 23.b Packet Pg. 829 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 3 in a timely manner. 705.6 ANNUAL REPORTING AND COMMUNITY ENGAGEMENT The Chief of Police or authorized designee shall submit an annual military equipment report to the City Council that addresses each type of military equipment possessed by the Department. 1. The Department shall also make each annual military equipment report publicly available on its Internet website for as long as the military equipment is available for use. 2. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment: a) A summary of how the military equipment was used and the purpose of its use. b) A summary of any complaints or concerns received concerning the military equipment. c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following the submission of the annual military equipment report. e) The quantity possessed for each type of military equipment. f) If the Department intends to acquire additional military equipment in the next year and the quantity sought for each type of military equipment. 3. Within thirty (30) days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment. 705.7 ADDRESSING COMPLAINTS AND CONCERNS RELATED TO MILITARY EQUIPMENT Pursuant to California Government Code section 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of specific military equipment in this policy by any of the following means: 1. Via email to: militaryequipment@sbcity.org 2. Via phone call to: (909) 384-5742 3. Via mail sent to: San Bernardino Police Department Attn: Military Equipment Coordinator 710 N. D Street San Bernardino, CA 92401 705.8 COORDINATION WITH OTHER JURISDICTIONS Military equipment used by any member of this Department shall be approved for use in accordance with Department policy. Military equipment used by other jurisdictions during mutual aid requests, collaborations, and while conducting operations within this jurisdiction, should comply with their respective military equipment use policies. 705.9 MAINTENANCE OF MILITARY EQUIPMENT SUPPLIES Based on fluctuating Department responses throughout the year, coupled with ongoing training, stocks of military equipment will be maintained to ensure operational readiness for critical incidents and other significant public safety concerns. 23.b Packet Pg. 830 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 4 705.10 COMPLIANCE Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations, or action. 705.11 SBPD EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment owned, sought, or utilized by the Department: 1. Robots a. Description, capabilities, and purchase cost: I. Recon Robotics-Throwbot. This equipment is an unmanned, battery powered, remote operated device. The light-duty robot is equipped with a camera and can be remotely operated from hundreds of feet away, providing protection and safety to the operator. Its stair climbing ability and overall maneuverability allows the robot to search condensed areas. This equipment is generally used during high-risk incidents. Use is limited to members of the Department who have received training. Incidents that may qualify for its use include, but are not limited to, a high- risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a suspect is armed and can also identify other subjects inside the location in need of assistance, or immediate medical attention. Cost: $16,000. II. iRobot Packbot. The iRobot Packbot is like the Throwbot, but is a larger, heavy-duty machine, which is also remotely operated. Cost: $30,000. III. Transcend Tactical-Vantage Patrol Robot. Similar capabilities as the iRobot Packbot. Cost: $25,500. b. Purpose: To be used to remotely gain visual/audio data, deliver CNT phone, open doors, disrupt packages, and clear buildings. c. Authorized Use: Only assigned personnel who have completed the required training shall be permitted to operate the robot. The SWAT team provides internal training for staff. Use is established by the Incident Commander, Watch Commander, or SWAT Supervisor. d. Expected Lifespan: 8-10 years e. Fiscal Impact: Estimated annual maintenance cost is approximately $500. f. Legal and Procedural Rules: It is the policy of the Department to utilize robots for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law. 2. Unmanned Aerial Vehicles (“UAV”) a. Description, capabilities, and purchase cost: I. DJI Mavic 2 Enterprise. This miniature UAV is a battery-powered, remote- operated device that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time depending on weather and flight conditions. The UAV allows operators to view a live feed or take still photographs from mounted cameras. Cost: $2,500. II. DJI Phantom 4 2.0. This UAV is a battery-powered, remote-operated device that weighs approximately 899 grams. It is equipped with an inferred camera with 23.b Packet Pg. 831 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 5 recording capability, a spotlight, and an audible speaker with approximately 30 minutes of flight time depending on weather and flight conditions. Cost: $2,200. III. AARDVARK-Loki-MK2-UAVSDS-EU. This UAV is a battery-powered, remote- operated device that weighs approximately 508 grams. It is intended for close quarter, indoor and outdoor tactical scouting missions, and features a highly sensitive Night- Day + IR sensor camera giving it the ability to fly and see in complete darkness. It has a rapid deploy feature which can be hand thrown, for exigent circumstances requiring a quick deployment. The UAV can record video and audio for up to six hours when perched and has approximately 60 minutes of flight time depending on weather and flight conditions. Cost: $9,500. b. Purpose: UAVs may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: I. Major traffic collision investigations; II. Search and rescue operations; III. Suspect apprehension; IV. Natural disaster management; V. Crime scene photography; VI. Hazard monitoring; VII. Tactical or other public safety and life preservation missions; VIII. In response to specific requests from local, state, and federal fire; authorities for fire response and/or prevention; IX. Crisis communications; and X. Legally authorized surveillance. c. Authorized Use: Only assigned personnel who have completed the required training shall be permitted to operate the UAVs during approved missions. All UAV operators are licensed by the Federal Aviation Administration for UAV operation. Prior to piloting any UAV, personnel must secure a FAA Remote Pilot License and complete all training required by our FAA COA. d. Expected Lifespan: 5 years e. Fiscal Impact: Estimated annual maintenance and battery replacement cost is approximately $1,200. f. Legal and Procedural Rules: Use is established under Department Policy Manual Section 319. Any use of UAVs will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAVs potentially involves privacy considerations. Operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy. Operators and observers should take reasonable precautions to maintain privacy when operating UAVs. Reasonable precautions can include deactivating or turning imaging devices away from such areas or persons during UAV operation. 3. Armored Rescue Vehicles a. Description, capabilities, and purchase cost: 2010 Lenco Armored Rescue Vehicle (“ARV”). The ARV is designed to provide ballistic protection during tactical events (designed to withstand various projectiles, low-level explosions, and provides greater safety for citizens and officers beyond the protection of a 23.b Packet Pg. 832 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 6 shield or body armor). The ARV is equipped with nuclear/radiological detection devices, self-contained breathing apparatus, and explosive gas detection devices. The ARV is also equipped with emergency lights/siren and a public address system. Common uses for the ARV include citizen and officer rescues, evacuations, deployment of officers during tactical situations, riots, vehicle borne interventions, and in the event of an active shooter or similar emergency. The ARV is currently deployed at large events in the City of San Bernardino, generally out of public view for potential rescue operations. The ARV is a regional mutual- aid asset that can be requested, deployed to, and utilized by allied agencies in the region. The asset was obtained via federal grant. Cost: $306,175. b. Purpose: To be used for rescues to enhance officer and community safety, improve scene containment, stabilization, transport personnel during tactical operations, and assist in resolving critical incidents. c. Authorized Use: The deployment of the ARV is based on specific circumstances of a given incident or tactical operation. The ARV should only be operated by personnel familiar with the equipment unless exigent circumstances arise. d. Expected Lifespan: 20-25 years. e. Fiscal Impact: Estimated annual maintenance cost is approximately $1,500. f. Legal and Procedural Rules: It is the policy of the Department to utilize armored rescue vehicles only for official law enforcement purposes, and pursuant to State and Federal law. 4. Mobile Incident Command and Control Vehicles (“Mobile Command Post”) a. Description, capabilities, and purchase cost: 2001 BlueBird custom-built vehicle. The vehicle is a two-axle bus style vehicle with a front door and a rear door. It is painted black and white with police graphics affixed to the body. The equipment housed in the vehicle includes, but is not limited to, mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, miscellaneous office supplies, tabletops, chairs, and other miscellaneous storage. The vehicle is capable of being used as a mobile operation command post and dispatch center and is equipped with a restroom for long operations in remote areas. The vehicle is also capable of transporting personnel and equipment. The mobile command vehicle is used as an auxiliary command vehicle during major incidents. The asset was obtained via a CLETEP grant from the Office of Criminal Justice Planning. Cost: $242,000. b. Purpose: To be utilized for critical incidents and large-scale events. c. Authorized Use: This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of this vehicle shall have a valid commercial driver’s license. d. Expected Lifespan: 25 years. e. Fiscal Impact: Annual maintenance cost of approximately $2000 f. Legal and Procedural Rules: It is the policy of the Department to use mobile incident command and control vehicles for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles. 5. Mobile Incident Command and Control Vehicles (“RIMA”) 23.b Packet Pg. 833 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 7 a. Description, capabilities, and purchase cost: 2019 Freightliner Chassis custom-built vehicle (Regional Incident Management Apparatus). The vehicle is primarily used by the Crisis Negotiation Team (“CNT”). It can operate as a mobile command dispatch center during natural disasters, large-scale operations, and community events. The equipment housed in the vehicle includes, but is not limited to, mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, CNT throw phones and associated equipment, office supplies, tabletops, chairs, and other miscellaneous storage. The vehicle is a regional mutual-aid asset that can be requested and utilized by allied agencies in the region. The asset was obtained via UASl grant. Cost: $334,000. b. Purpose: To be used during critical incidents, large operations, natural disasters, or community events. c. Authorized Use: This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of this vehicle shall have a valid a driver’s license. d. Expected Lifespan: 20 years e. Fiscal Impact: Estimated annual maintenance cost is approximately $1,500 f. Legal and Procedural Rules: It is the policy of the Department to use mobile incident command and control vehicles for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles. 6. Mobile Incident Command and Control Vehicles (“SWAT VAN”) a. Description, capabilities, and purchase cost: 2008 Freightliner Chassis Utility Master custom built vehicle by Braun Northwest. This vehicle is primarily used by the Special Weapons and Tactics team (“SWAT”). The vehicle is used to transport SWAT personnel and equipment. The equipment housed in this vehicle includes, but is not limited to, manual breaching tools, weapons, ammunition, robots, unmanned aerial vehicles, less lethal launchers and munitions, tear gas, water, lighting, and a power generator. The asset was obtained via Homeland Security grant funds. Cost: $132,964. b. Purpose: To be utilized for critical incident callouts. c. Authorized Use: This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid driver’s license. d. Expected Lifespan: 20 years e. Fiscal Impact: Estimated annual maintenance cost is approximately $1,500 f. Legal and Procedural Rules: It is the policy of the Department to use mobile incident command and control vehicles for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles. 7. Specialized Firearms and Ammunition a. Description, capabilities, and purchase cost: 23.b Packet Pg. 834 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 8 I. Beretta Tikka T3X TAC A1, .308 WIN, bolt action sniper rifle with magnified scope. The rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. Cost: $1,395. II. Hornady TAP (Tactical Action Police), .308 WIN, 168 grain sniper rifle ammunition. Cost: $6,250. III. Hornady TAP (Tactical Action Police), .308 WIN, 165 grain GMX sniper rifle ammunition heavy barrier penetrator. Cost: $1,140. b. Purpose: To be used as precision weapons, at greater distances, with additional accuracy and performance. The rifle(s) gives the operator more effective options in addressing the increasing level of firepower and body armor used by criminal suspects. c. Authorized Use: Beretta Tikka T3X TAC A1, .308 WIN, bolt action sniper rifle is reserved for qualified SWAT personnel who have completed a POST basic sniper course, followed by monthly competency training and function testing. Officers may deploy the rifles in any circumstances where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of general guidelines for deploying rifles may include but are not limited to: I. Situations where the officer reasonably anticipates and armed encounter II. When an officer is faced with a situation that may require accurate and effective fire at long-range III. Situations when officer reasonably expects the need to meet or exceed a suspect’s firepower IV. When an officer reasonably believes there may be a need to fire on a barricaded person or a person with a hostage V. When an officer reasonably believes that a suspect may be wearing body armor VI. When authorized or request by supervisor d. Expected Lifespan: I. Beretta Tikka T3X TAC A1, .308 bolt action sniper rifle – No expiration II. Hornady TAP .308 WIN, 168 grain – No expiration III. Hornady TAP .308 WIN, 165 grain GMX – No expiration e. Fiscal Impact: I. Rifles – Annual maintenance costs are estimated between $1,000 to $3,000. Most maintenance is performed by Department staff. II. The ongoing costs for ammunition will vary depending on usage, inventory, and market price based on current demand/availability. f. Legal and Procedural Rules: Use is established under the Department Policy Manual Section 432. It is the policy of the Department to utilize rifles and associated ammunition only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 8. Diversionary Devices a. Description, capabilities, and purchase cost: A Noise Flash Diversionary Devices (NFDD), or Light Sound Diversionary Device (LSDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. They are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescues, room entry, or 23.b Packet Pg. 835 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 9 other high-risk arrest situations. Diversionary devices produce atmospheric over-pressure and brilliant white light, which as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. I. Defense Technology, 8925 multi-port, multi-bang diversionary device. Cost: $52. II. Combined Tactical Systems, 7290M, mini diversionary device. The mini exhibits all the same attributes of the 8925 but comes in a smaller, lighter package. Cost: $49, quantity: (50). III. Defense Technology, 8933, single-port diversionary device. Cost: $62. b. Authorized Use: Only officers who have completed divisionary device training that is conducted by a POST certified instructor will be authorized to deploy these devices. Diversionary Devices are generally used: I. In hostage and barricaded subject situations. II. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers. III. During other high-risk situations where their use would enhance officer safety. IV. To produce humane fright for potentially dangerous animals encountered. c. Expected Lifespan: I. 8925 – 5 years II. 7290 – 5 years III. 8933 – 5 years d. Fiscal Impact: I. No annual maintenance. Costs for diversionary devices will vary depending on usage and inventory. Estimated cost is generally between $500-$3,000 annually. e. Legal and Procedural Rules: It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and pursuant to State and Federal law. 9. Tear Gas a. Description, capabilities, and purchase cost: Chemical agent munitions and canisters, which are commonly referred to as “tear gas”. The Department deploys two chemical agents which are used by law enforcement agencies across the United States: CS (2-hlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). OC was deregulated in California in 1996 and is available to civilians to legally possess (2.5 oz or less). OC is an inflammatory agent which causes temporary involuntary closure of eyes and respiratory inflammation which generally subsides after several minutes. I. 1026 – Defense Technology, Tripple-Chaser Separating Canister CS. The Triple-Chaser CS Canister consists of three separate canisters pressed together with ability to separate when deployed. When deployed, the canisters separate and land approximately (20) feet apart, allowing increased area 23.b Packet Pg. 836 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 10 coverage in a short period of time. The canister can be hand deployed or launched from a delivery system. The canister is (6.5) inches by (2.7) inches and holds approximately (92) grams of agent. The device has an approximate burn time of (20) to (30) seconds. Cost: $52.00. II. 1072 – Defense Technology, Spede-Heat, Continuous Discharge Canister. The Spede-Heat CS Canister is a high-volume continuous burn device and expels the agent for approximately 20-40 seconds. The agent is dispersed through four ports on top of the canister, three on the side, and one on the bottom. The device can be hand deployed or launched and measures (6.12) inches by (2.62) inches. The canister holds approximately (81.2) grams of agent. Cost: $33.00. III. 1092 – Defense Technology, Han-Ball, CS. The Han-Ball CS is an outdoor use device expelling the agent in approximately 15-20 seconds. The rubber ball device has an overall size of (4.8) inches tall (including the fuze head) and a diameter of (3.1) inches. The device holds approximately (45.4) grams of agent which is expelled through three ports around the equator of the ball. Cost: $40.00 quantity: (100). IV. 1087– Defense Technology, Stinger, Rubber Balls. The Stinger Rubber Balls device delivers three stimuli for psychological and physiological effects: rubber balls, light, and sound. The device is used to deliver .60 caliber rubber balls with the stimuli of bright light and sound. It is widely used as a riotous crowd management tool by law enforcement and corrections. The device has an initial (1.5) second delay that initiates a fuse assembly separation, followed by another (0.5) second delay before the function of the device. Cost: $53.00, quantity: (100). V. 1088 – Defense Technology, Stinger, CS. The Stinger CS device delivers four stimuli for psychological and physiological effects: rubber balls, light, sound, and CS. The device is used to deliver .60 caliber rubber balls with the stimuli of light, sound, and agent. It is widely used as a riotous crowd management tool by law enforcement and corrections. The device has an initial (1.5) second delay that initiates a fuse assembly separation, followed by another (0.5) second delay before the function of the device. The device holds approximately (2) grams of agent. Cost: $56.00. VI. 2042 – Defense Technology, Flameless Expulsion, CS. The Flameless Expulsion, CS is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without the risk of fire. It is safe to use indoors, and the contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. The device measures approximately (7.5) inches by (1.65) inches and delivers approximately (4.5) grams of agent during its three second discharge time. Cost: $49.00, quantity: (50). VII. 2040 – Defense Technology, Flameless Expulsion, OC. The Flameless Expulsion, OC is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without the risk of fire. It is safe to use indoors, and the contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. The device measures approximately (7.5) inches by (1.65) inches and delivers approximately (4.5) grams of agent during its three second discharge time. Cost: $50.00, quantity: (30). VIII. 1083 – Defense Technology, Military-Style Maximum HC, Smoke Canister. The Military-Style Maximum HC Smoke Canister is a slow burning, high volume, 23.b Packet Pg. 837 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 11 continuous discharge device designed for outdoor use to signal, obscure, distract, direct movement, and carry other chemical agent through the air. The steel canister emits grey-white smoke for approximately (1.5) to (2) minutes. Cost: $39.00. IX. 1073 – Defense Technology, Large Style Maximum HC Smoke. Like the 1083 Military-Style Maximum HC Smoke Canister except for the steel canister and slight size difference. The Large-Style Maximum HC Smoke Canister is a slow burning, high volume, continuous discharge device designed for outdoor use to signal, obscure, distract, direct movement, and carry other chemical agent through the air. The canister emits grey-white smoke for approximately (1.5) to (2) minutes. Cost: $42.00. X. 1262 – Defense Technology, Ferret 40mm Round, CS Liquid. The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small amount of agent inside of a structure or vehicle. The round is used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous individuals. The round contains (8) grams of agent. Cost: $25.00. XI. 2262 – Defense Technology, Ferret 40mm Round, CS Liquid barricade penetrator. The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small amount of agent inside of a structure or vehicle. The round is used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous individuals. The round contains (8) grams of agent. Cost: $25.00. XII. 5230B – Combined Tactical Systems, Baffled CS Canister. The Baffled CS Cannister is a continuous burning device which delivers approximately (23.5) grams of agent and measures (6.2) inches in length and (2.6) inches in diameter. The device is designed for indoor use and can deliver agent throughout multiple rooms with minimal risk of fire. The canister can be launched or hand deployed. The device is commonly used by tactical teams to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous individuals. Cost: $50.00. XIII. 1210 – The 12-Gauge Muzzle Bang/Launching Cartridge incorporates an opaque shell and uses black powder as the propellant. It can be used alone as a muzzle bang for crowd management but is primarily used to launch chemical agents when paired with a 12-gauge less lethal shotgun and Combined Tactical Systems launching cup. Cost: $7.00. b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: I. Self-destructive, dangerous and/or combative individuals II. Riotous crowd control III. Barricaded and/or armed individuals IV. Circumstances where a tactical advantage can be obtained 23.b Packet Pg. 838 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 12 V. Potentially vicious animals c. Authorized Use: Only officers who have received POST certification in the use chemical agents are authorized to deploy chemical agents. d. Expected Lifespan: I. 1026 – 5 years II. 1072 – 5 years III. 1092 – 5 years IV. 1087 – 5 years V. 1088 – 5 years VI. 2042 – 5 years VII. 2040 – 5 years VIII. 1083 – 5 years IX. 1073 – 5 years X. 1262 – 5 years XI. 2262 – 5 years XII. 5230B– 5 years XIII. 1210 – 5 years e. Fiscal Impact: No annual maintenance. Annual costs vary significantly depending on usage and inventory. f. Legal and Procedural Rules: Use is established under Department Policy Manual Section 308. They are to be used as an intermediate level of force. 10. Projectile Launch platforms and associated munitions (PepperBall Launching System) a. Description, capabilities, and purchase cost: A less lethal launcher system that uses high pressure air to deliver projectiles (similar to a paintball delivery system). The system is designed to assist law enforcement in a variety of encounters. The PepperBall launching system can provide effective results from distances up to 150 feet. The Pepperball launcher provides a lightweight modular option for law enforcement, while also providing a multiple feeding system for different styles of deployment and encounters. This less lethal option allows law enforcement officers to deliver chemical agents and kinetic energy impacts to suspects in a potentially violent encounter. It is a de- escalation tool used to minimize injuries and reduce the chance of lethal encounters. The range of the launching system creates a barrier between officers and dangerous individuals, reducing the immediacy of the threat, which is a principal of de-escalation. I. Tippman PepperBall launching system, TX model. Cost: $591. II. PepperBall Live-X projectile. Cost: $244/375 rds. III. PepperBall Inert projectile. Cost: $323/375rds. b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. To provide law enforcement with a less lethal option to assist in resolving critical incidents. Situations for use of the less lethal weapon systems may include but are not limited to: I. Self-destructive, dangerous and/or combative individuals. II. Riotous crowd control III. Circumstances where a tactical advantage can be obtained. IV. Potentially vicious animals. 23.b Packet Pg. 839 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 13 c. Authorized Use: Only personnel certified as having completed department-approved training on the use of PepperBall launching systems will be allowed to deploy the system. d. Expected Lifespan: I. PepperBall Launcher: No expiration II. Live-X Projectile: 3 years III. Inert Projectile: 3 years e. Fiscal Impact: I. PepperBall Launcher: Estimated between $0 and $100 annually II. Live-X Projectile: Estimated between $0 and $500 annually III. Inert Projectile: Estimated between $0 and $325 annually Legal and Procedural Rules: Use is established under Department Policy Manual Section 308.7.2. It is the policy of the Department to utilize PepperBall launching systems only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 11. Projectile Launch platforms and associated munitions (40mm system, 12-Guage less lethal shotgun) a. Description, capabilities, and purchase cost: 40mm and 12-Guage launching systems are less lethal options which allow law enforcement officers to deliver chemical agents and kinetic energy impacts to suspects in a potentially violent encounter. It is a de-escalation tool used to minimize injuries and reduce the chance of lethal encounters. The range of the launching system creates a barrier between officers and the suspect, reducing the immediacy of the threat, which is a principal of de-escalation. I. Defense Technology, 40mm, single-shot launcher, #1425. The 40mm less lethal launching system uses smokeless powder to deliver 40mm projectiles from a safe distance. Cost: $1,000. II. Defense Technology, 40mm, tactical multi-shot launcher, #1440. The launcher is a low profile and lightweight system which provides multi-shot capability. Cost: $1,975. III. Penn Arms 40mm, multi-shot launcher, pump advance version, PGL65, double action, 6-shot capability with an adjustable stock. Cost: $2,250. IV. Defense Technology, 40mm Exact Impact sponge munition, #6325. A less lethal lightweight plastic and foam projectile fired from a single or multi-shot 40mm launcher. The 30-gram foam projectile delivers 120 foot-pounds of energy on impact at 325 feet per second. The munition provides accurate and effective performance when fired from the approved distances (no less than 5 feet and up to 130 feet from the target). Cost: $18. V. Remington 870 less lethal shotgun. The dedicated less lethal lunching system with an easily identifiable bright orange stock, used to deploy a 12-gauge drag stabilized beanbag munitions up to 75 feet. Cost: $946. VI. Defense Technology 12-Guage Drag Stabilized beanbag munition #3027. A less lethal 2.4 inch, 12-gauge shotgun munition, firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270 to 290 feet per second. Cost: $5. b. Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. 23.b Packet Pg. 840 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 14 c. Authorized Use: 40mm and 12-Gauge less lethal shotgun launching systems are authorized for use by police personnel who have completed the required Department training. Situations for use of the less lethal weapon systems may include, but are not limited to: I. Self-destructive, dangerous and/or combative individuals II. Riotous crowd control III. Circumstances where a tactical advantage can be obtained IV. Potentially vicious animals d. Expected Lifespan: I. 40mm Launcher #1425: No expiration II. 40mm Launcher #1440: No expiration III. 40mm Sponge Round #6325: 5 years IV. Remington 870 dedicated less lethal shotgun: No expiration V. Defense Technology 12-Gauage drag stabilized beanbag: No expiration e. Fiscal Impact: I. 40mm Launchers: Estimated maintenance between $0 and $500 annually II. 40mm #6325 Sponge Round: Estimated between $0 and $1,000 annually III. Remington 870 dedicated less lethal shotgun: Estimated maintenance between $500 and $1,500 annually IV. Defense Technology 12-Gauage drag stabilized beanbag: Estimated between $0 and $1,500 annually f. Legal and Procedural Rules: Use of kinetic energy projectiles and chemical agents is established under Department Policy Manual Section 308. It is the policy of the Department to utilize kinetic energy projectiles for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 12. Long Range Acoustic Device (LRAD) a. Description, capabilities, and purchase cost: A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device. I. LRAD 100x Mag- HS Wireless Kit. Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD 100X ensures voice messages are clearly heard and understood. LRAD’s optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge. Cost: $16,455. II. LRAD 300x-RE. A long, medium, and near-range acoustic hailing device to warn and communicate to crowds, individuals, and potential vehicle/vessel threats over distances up to 3,000 meters. These acoustic devices broadcast warnings and can determine the intent of potential threats. Cost: $12,000. III. LRAD 500x-RE. A compact, lightweight LRAD designed for applications ranging from fixed security installations to mid-sized vehicles and vessels, the LRAD 500X-RE easily mounts and transports to provide law enforcement personnel unparalleled long-range communication and safe, scalable non-kinetic escalation of force. Cost: $9,500. b. Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects, K9 deployments, etc.). The LRAD may also be used to issue a warning tone. c. Authorized Use: The LRAD should only be used by officers trained in its deployment. 23.b Packet Pg. 841 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 15 d. Expected Lifespan: 25 years e. Fiscal Impact: No annual maintenance f. Legal and Procedural Rules: Use of the LRAD is for official law enforcement purposes and will be used according to applicable State and Federal law. 13. Explosive Breaching Tools a. Description, capabilities, and purchase cost: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive breaching effectively reduces the time spent overcoming fortified gates, doors, locks, and structures. The reduction in time in mitigating a hardened structure increases officer safety during high-risk operations and increases the safety of civilians during hostage rescue situations. I. Remington 870 Express, 12-guage breaching shotgun. The system is a lightweight, tube fed, pump operated, shoulder fired weapon. It has a 15-inch breaching barrel and is used exclusively for breaching applications. Cost: $1,000. II. Defense Technology, TKO 12-guage breaching munitions. The 12-Gauge shell is loaded with a compressed zinc slug and utilizes smokeless power as the propellant. The round is used for defeating door lock mechanisms, doorknobs, hinges, dead bolts, safety chains, and pad locks. Upon impact the zinc slug disintegrates into a fine powder eliminating fragmentation. Cost: $7.00. III. Royal Arms, MB-70S, 12-guage, muzzle blast, flash bang soft. The 12-Gauge shell loaded with light media powder and no hard wads. The round can be used for less lethal / diversionary applications and is 170 db. The round is also used for breaching windows, sliding glass doors, vehicle windows, light wooden doors, and interior doors. Cost: $6.00, quantity: (100). IV. Royal Arms, FB-82H, 12-guage, 82 grain flash, flash bang hard. The12-Gauge shell loaded with compressed powder and two hard fiber wads. The round can be used for diversionary applications and is 185 db. The round is also used for breaching solid wood doors, light steel doors, sliding glass doors, vehicle windows, and can be used in crawl spaces. Cost: $5.00, quantity: (100). V. Royal Arms, TESAR-5, blue cap, 500 grain, copper frangible. The 12-Gauge 500 grain round is loaded with a copper powder slug. The round can be used to breach metal doors, heavy locks, cross bolts, and heavy hinges (steel doors on steel frames). The round has an average velocity of 1450 feet per second (FPS). Cost: $6.00, quantity: (100). VI. Royal Arms, TESAR-4, yellow cap, 750 grain, copper frangible. The 12-Gauge 750 grain round is loaded with copper and S-70 steel shot. The round can be used to breach heavy class 3 steel doors, heavy locks, and heavy hinges. The round has an average velocity of 1285 feet per second (FPS). Cost: $6.00, quantity: (100). VII. Royal Arms, TESAR-2, black cap, 425 grain, copper frangible. The 12-Gauge 425 grain round is loaded with a copper powder slug. The round can be used to breach metal doors, solid oak doors, heavy locks, dead bolts, and hinges. The round has an average velocity of 1525 feet per second (FPS). Cost: $5.00, quantity: (100). VIII. Royal Arms, TESAR-1, orange cap, 275 grain, copper frangible. The 12-Gauge 275 23.b Packet Pg. 842 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt 16 grain round is loaded with a compressed copper frangible slug. The round can be used to breach solid wood doors, hollow wood doors, locks, and hinges. The round has an average velocity of 1750 feet per second (FPS). Cost: $5.00, quantity: (100) IX. Royal Arms, HP cutter, 12-guage, hollow point, rebar cutter. The 12-gauge 450 grain round is loaded with a hardened chromoly steel slug. The round can be used to cut rebar, penetrate security glass, penetrate vehicle doors, and disable vehicle engine blocks. The round has an average velocity of 1400 feet per second (FPS). Cost: $6.00, quantity: (100). b. Purpose: To expedite entry into fortified structures, locations, and vehicles. The breaching shotgun in conjunction with a breaching round is designed to gain entry quickly and safely in most cases during a search, arrest, or rescue. c. Authorized Use: Use of breaching munitions are authorized for use by SWAT personnel who have completed the required Department training. d. Expected Lifespan: I. Remington 870 Express breaching shotgun – No expiration II. All breaching ammunition – 5 years e. Fiscal Impact: Annual maintenance for the shotgun is completed by Department staff at an estimated cost of $0 to $100. f. Legal and Procedural Rules: It is the policy of the Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law. 23.b Packet Pg. 843 Attachment: Attachment 2 - Ordinance MC-1579; Exhibit A - San Bernardino Police Department Policy 705 “Military Equipment” (8955 : Adopt Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: May 18, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Resolution Approving Agreement W/San Bernardino County to Provide HHW Collection Service (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-101, approving an agreement with the San Bernardino County Fire Protection District Pursuant to Section 3.04.010 B -3 of the Municipal Code for Household Hazardous Waste Collection Service and Sharps Collection Service to the City; and 2. Authorizing the Director of Finance to issue a Purchase Order to the San Bernardino County Fire Protection District, in an annual amount not to exceed $368,000. Background The California Integrated Waste Management Act of 1989, as amended, (AB939) requires that cities and counties adopt a Household Hazardous Waste (HHW) Element which describes the proper management of HHW generated by residents within the jurisdiction and selects an appropriate program based on local conditions. The City is participating in the HHW program administered by the San Bernardino County Fire Department. This program provides a local drop-off center for residents to safely and conveniently dispose of HHW located at the San Bernardino International Airport. San Bernardino County Fire has provided HHW collection services to the City continuously since 1993. Discussion The City of San Bernardino is required to comply with the California Health and Safety Code, section 25218, which hereby finds and declares that all residential households that generate household hazardous waste in the State need an appropriate and economic means of disposing of the hazardous waste they generate. Counties and cities provide for the collection of household hazardous waste as a community service to ensure proper handling and disposal of the material to prevent the potential contamination of solid waste landfills. It is the shared responsibility of state and local 24 Packet Pg. 844 8893 Page 2 agencies to ensure proper recycling and disposal of household hazardous waste. The City is also required to comply with the Public Resources Code 41500. This code requires cities to prepare, adopt, and submit to their respective county agency, a household hazardous waste element which identifies a program for the safe collection, recycling, treatment, and disposal of hazardous waste s, that have been separated from the solid waste stream as defined in Section 25117 of the Health and Safety Code. Pursuant to Public Resources Code Section 41502, the city household hazardous waste element may also include a program for the safe collection, treatment, and disposal of sharps waste generated by households. The County has previously incorporated disposal of waste streams with no added cost to the existing contract. Those items include fluorescent lights, household batteries, microwaves, phones, DVD players, VCRs, stereos, printers, clothes irons, space heaters, and mercury thermometers. The County accepts pharmaceutical waste, such as prescription medicine, at no additional cost. In addition to providing HHW collection services to the City at the permanent facility, the agreement also includes Sharps Collection and door-to-door collection of used sharps from City homebound residents. The cost for this service is included in the proposed agreement and no additional charges will be incurred for this service. 2021-2025 Key Strategic Targets and Goals The request to authorize the issuance of a purchase order and execution of an Agreement with San Bernardino County Fire Protection District, aligns with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Providing Household Hazardous waste collection for residents ensures the City is not fined for noncompliance with Public resources Code 41500 and allows safe disposal of hazardous materials that can endanger public health and safety. Fiscal Impact This agreement will be for FY 22/23 through FY 26/27 in the amount of: Fiscal Year Cost 2022/2023 $317,904.48 2023/2024 $328,236.37 2024/2025 $339,724.64 2025/2026 $352,464.31 2026/2027 $366,562.88* *equation based on the population, per capita, and annual 3% increase that is based on the approximate rise in HHW management cost Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-101, approving an agreement with the San 24 Packet Pg. 845 8893 Page 3 Bernardino County Fire Protection District Pursuant to Section 3.04.010 B -3 of the Municipal Code for Household Hazardous Waste Collection Service and Sharps Collection Service to the City; and 2. Authorizing the Director of Finance to issue a Purchase Order to the San Bernardino County Fire Protection District, in an annual amount not to exceed $368,000. Attachments Attachment 1 Resolution No. 2022-101 Attachment 2 Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program Attachment 3 Previous Agreement with San Bernardino County Fire Protection District for HHW collection program dated November 14, 2017 Attachment 4 Resolution No. 2017-150 Agreement with San Bernardino County to provide HHW Collection Service Ward: All Synopsis of Previous Council Actions: March 4, 1992 Mayor and City Council adopted a Hazardous Waste Program. August 18, 1993 Mayor and City Council adopted Resolution 93-318 approving an agreement with San Bernardino County to provide HHW Collection Service. January 27, 1997 Mayor and City Council adopted Resolution 97-17 Approving an agreement with San Bernardino County to provide HHW Collection Service. September 2, 1997 Mayor and City Council adopted Resolution 97-273 approving an agreement with San Bernardino County to provide HHW Collection Service. October 16, 2000 Mayor and City Council adopted Resolution 2000 -313 approving an agreement with San Bernardino County to provide HHW Collection Service. November 18, 2002 Mayor and City Council adopted Resolution 2002 -367 approving an agreement with San Bernardino County to provide HHW Collection Service. July 17, 2007 Mayor and City Council adopted Resolution 2007 -253 approving an agreement with San Bernardino County to provide HHW Collection Service. June 4, 2012 Mayor and City Council adopted Resolution 2012 -103 approving an 24 Packet Pg. 846 8893 Page 4 agreement with San Bernardino County to provide HHW Collection Service August 16, 2017 Mayor and City Council adopted Resolution 2017-150 approving an agreement with San Bernardino County to provide HHW Collection Service. 24 Packet Pg. 847 Resolution No. 2022-101 RESOLUTION NO. 2022-101 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICE AND SHARPS COLLECTION SERVICE TO THE CITY; AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER TO THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, IN AN ANNUAL AMOUNT NOT TO EXCEED $368,000 WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste element which identifies a program for safe collection, recycling, treatment, and disposal of hazardous wastes generated by households in the City or county and which should be separated from the solid waste stream; and WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and WHEREAS, the District’s Section of Hazardous materials, is a section of the District responsible for the safe management of hazardous waste; and WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of a fire, the prevention of potential environmental degradation and the conservation of resources through recycling. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and San Bernardino County Fire Department, a copy of which is attached hereto, marked Exhibit “A” and incorporated herein by reference as fully as though set forth at length. San Bernardino County Fire Department is selected to provide household hazardous waste collection service and sharps collection service to the City; pursuant to this determination the Director of Finance is hereby authorized to issue a purchase order to San Bernardino County Fire Department for a total amount 24.a Packet Pg. 848 Attachment: Attachment 1 - Resolution No. 2022-101 Approving an Agreement and Issuance of a Purchase Order for San Bernardino County Resolution No. 2022-101 of $317,904.48 for FY 22/23; $328,236.37 for FY 23/24; $339,724.64 for FY 24/25; $352,464.31 for FY 25/26 and $366,562.88 for FY 26/27. SECTION 2. This purchase order is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010.B.3 of said Code, “Purchases approved by the Mayor and Common Council.” SECTION 3. The Purchase Order shall reference this Resolution No. 2022-_______, and shall read, “San Bernardino County Fire Department, household hazardous waste collection services and sharps collection service to the City of San Bernardino.” The amount of the Purchase Order shall not exceed $317,904.48 for FY 22/23; $328,236.37 for FY 23/24; $339,724.64 for FY 24/25; $352,464.31 for FY 25/26 and $366,562.88 for FY 26/27. SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it is not executed by all parties within sixty (60) days of the passage of this resolution. 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 24.a Packet Pg. 849 Attachment: Attachment 1 - Resolution No. 2022-101 Approving an Agreement and Issuance of a Purchase Order for San Bernardino County Resolution No. 2022-101 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. 2022-101, 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 24.a Packet Pg. 850 Attachment: Attachment 1 - Resolution No. 2022-101 Approving an Agreement and Issuance of a Purchase Order for San Bernardino County Standard Contract Page 1 of 7 THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY San Bernardino County Fire Protection District Department Contract Representative Jose Rodriguez Telephone Number (909) 382-5401 Contractor City of San Bernardino Contractor Representative Leslie Graciano Telephone Number (909) 384-5353 ext. 3260 Contract Term July 1, 2022 through June 30, 2027 Original Contract Amount $1,704,892.68 Amendment Amount Total Contract Amount $1,704,892.68 Cost Center IT IS HEREBY AGREED AS FOLLOWS: HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT This Agreement is made and entered into between the San Bernardino County Fire Protection District, hereinafter referred to as “District” and the City of San Bernardino hereinafter referred to as the “City.” RECITALS: WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the City or county and which should be separated from the solid waste stream; and, WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and, WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and, WHEREAS, the District’s Section of Hazardous Materials, is a section of the District responsible for the safe Contract Number SAP Number 24.b Packet Pg. 851 Attachment: Attachment 2 - Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program 2022 (8893 : Revised 7/15/19 Page 2 of 7 management of hazardous waste; and, WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling. NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows: WITNESSETH: RESPONSIBILITIES AND DUTIES OF THE CITY 1. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of nearby household hazardous waste collection facilities for safe management of household hazardous waste, in the manner and form recommended by District. 2. The City shall publicize to its residents the maximum quantities of hazardous waste allowed for transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125 pounds per trip brought to a household hazardous waste collection facility per participant. 3. The City shall publicize to its small businesses that need to dispose of small quantities of hazardous waste to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG) program for proper disposal. 4. The City shall publicize to its residents that home generated sharps containers shall only contain needles, lancets and syringes with a needle attached that must be completely spent (used and no liquid remaining, this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain upright during use and have a tight fitting, puncture-resistant lid, such as a plastic laundry detergent container. Containers consisting of glass, metal, cardboard or paper will not be accepted. RESPONSIBILITIES AND DUTIES OF THE DISTRICT 5. The District shall continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste, including universal waste, Home-generated Sharps (HGS), and pharmaceutical waste excluding controlled substances. The District program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the public in a cost-effective manner. 6. The District shall assume responsibility for maintaining the necessary site permits and responsibility for the on-site management, transportation, recycling and disposal of the materials and waste collected at the District-operated collection facility site(s). The District-operated collection facility site(s) will be operated in accordance with the District’s Operations Manual. The District’s Operations Manual shall be consistent with all state and federal regulations applicable to Household Hazardous Waste facilities and amended as necessary. 7. The District will provide approved waste storage containers, meeting the specifications of the Department of Transportation for the disposal of hazardous waste and sufficient absorbent materials for “over packing” the waste containers. At the termination or expiration of this Agreement, all items provided by the District shall belong to the District, unless otherwise agreed upon in writing. The District will provide an Emergency Coordinator to offer support and assistance during Facility operating hours excluding County observed holidays. 24.b Packet Pg. 852 Attachment: Attachment 2 - Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program 2022 (8893 : Revised 7/15/19 Page 3 of 7 8. The District shall remove the household hazardous waste or independently contract with a licensed hazardous waste hauler to remove the accumulated wastes, monthly, and to recycle or dispose of household hazardous wastes at an approved facility at no additional cost to the City. 9. The District shall provide an annual report to the City, which shall include the amounts and types of waste collected, participation by jurisdiction, and final disposition of the waste. The report will be provided at no additional cost to the City. 10. The District shall compile and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the City’s Annual Form 303 Report. The reports will be provided at no additional cost to the City. 11. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the City electronically. Hard copies will also be provided upon request, at no additional cost to the City. 12. The District shall charge any business that disposes of household hazardous waste the actual cost of disposal as indicated in District’s fee ordinance. For cities or community services districts that operate their own household hazardous waste collection facility, if business waste is accepted at any satellite facility, the city, town or community services district will be responsible for the disposal cost of the business waste. 13. The District shall provide an electronic biohazardous waste label to every participant that disposes of home generated sharps. As provided in Paragraph 4, the public may use 2 gallon or smaller heavy-duty plastic household containers such as a plastic laundry detergent container as an alternative to plastic bio-hazard sharps containers. The biohazardous waste label shall be placed on the rigid heavy-duty, puncture-resistant plastic container used to dispose of home generated sharps. CONSIDERATION 14. In consideration for the services provided and except as otherwise provided in this Agreement, City shall pay the District the following amount not to exceed $1,704,892.68: Fiscal Year Annual Amount Amount per quarter 2022/2023 $317,904.48 $79,476.12 2023/2024 $328,236.37 $82,059.09 2024/2025 $339,724.64 $84,931.16 2025/2026 $352,464.31 $88,116.07 2026/2027 $366,562.88 $91,640.72 15. Payments will be due on July 15, October 15, January 15, and April 15 of each year through the term of the contract. TERM AND TERMINATION 16. This Agreement shall be effective July 1, 2022 and shall remain in effect through June 30, 2027, but may be renewed for specified periods, unless, otherwise terminated or amended. 24.b Packet Pg. 853 Attachment: Attachment 2 - Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program 2022 (8893 : Revised 7/15/19 Page 4 of 7 17. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party. INSURANCE AND INDEMNIFICATION 18. City and District are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement. 19. District agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by District, and/or its authorized officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of District and for any costs or expenses incurred by City on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The District’s indemnification obligation applies to City’s “active” as well as “passive” negligence but does not apply to City’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782. City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless District and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by City, and/or its authorized officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of City and for any costs or expenses incurred by District on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782. In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, District and/or City, as applicable, shall indemnify the other to the extent of its comparative fault. Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and City hereby waive any and all rights of subrogation recovery against each other. Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, District and City agree that any alleged negligence of the employee shall not be construed against the employer of that employee. GENERAL TERMS AND CONDITIONS 20. Representation of the District. In the performance of the Agreement, City, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the District. 21. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10) business days of the change. 22. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable by City, either in whole or in part. 23. Agreement Amendments. City agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both City and District. 24.b Packet Pg. 854 Attachment: Attachment 2 - Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program 2022 (8893 : Revised 7/15/19 Page 5 of 7 24. Correction of Performance Deficiencies. Failure by City or District to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement. In the event of a non-cured breach, either Party may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: A. Afford the breaching Party, thereafter, a time period within which to cure the breach, which period shall be established at sole discretion of the other Party; and/or, B. Immediately terminate this Contract. 25. Attorneys Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under Paragraph 19. 26. Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County Superior Court. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third-party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior Court. This contract shall be governed by the laws of the State of California. 27. Notification. In the event of a problem or potential problem that will impact the level of performance under this Agreement, the City shall notify the District within one (1) working day, in writing, by email and by telephone. 28. Former County and District Officials. City agrees to provide or has already provided information on former San Bernardino County and District administrative officials (as defined below) who are employed by or represent City. The information provided includes a list of former County and District administrative officials who terminated County or District employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of City. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or member of such officer’s staff, County or District department or group head, assistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit. 29. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement if a Party determines that the other Party has made a material misstatement or misrepresentation, or that materially inaccurate information has been provided, this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, either Party is entitled to pursue any available legal remedies. 30. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default. 24.b Packet Pg. 855 Attachment: Attachment 2 - Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program 2022 (8893 : Revised 7/15/19 Page 6 of 7 31. Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid. 32. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below: DISTRICT: Monica Ronchetti Deputy Fire Marshal/CUPA Manager Household Hazardous Waste Section 2824 East “W” Street San Bernardino, CA 92415-0799 mronchetti@sbcfire.org (909) 386-8401 CITY: Leslie Graciano Environmental Project Specialist City of San Bernardino 290 N. “D” Street San Bernardino, CA 92401 Graciano_Le@sbcity.org (909) 384-5353 x3260 33. Entire Agreement. A. This agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings. B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document. 34. Counterparts. This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterpart shall together constitute one and the same agreement. The parties shall be entitled to sign and transmit an electronic signature of this agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed agreement upon request. 24.b Packet Pg. 856 Attachment: Attachment 2 - Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program 2022 (8893 : Revised 7/15/19 Page 7 of 7 IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Secretary thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written. FOR COUNTY USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Scott Runyan, Principal Assistant County Counsel Date Date Date SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT (Print or type name of corporation, company, contractor, etc.) By Curt Hagman, Chairman, Board of Directors (Authorized signature - sign in blue ink) Dated: Name SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title Lynna Monell, Secretary (Print or Type) By Dated: Deputy Address 24.b Packet Pg. 857 Attachment: Attachment 2 - Proposed Agreement with San Bernardino County Fire Protection District for HHW collection program 2022 (8893 : 24.c Packet Pg. 858 Attachment: Attachment 3 - Previous Agreement with San Bernardino County Fire Protection District for HHW collection program dated 24.c Packet Pg. 859 Attachment: Attachment 3 - Previous Agreement with San Bernardino County Fire Protection District for HHW collection program dated 24.c Packet Pg. 860 Attachment: Attachment 3 - Previous Agreement with San Bernardino County Fire Protection District for HHW collection program dated 24.c Packet Pg. 861 Attachment: Attachment 3 - Previous Agreement with San Bernardino County Fire Protection District for HHW collection program dated 24.c Packet Pg. 862 Attachment: Attachment 3 - Previous Agreement with San Bernardino County Fire Protection District for HHW collection program dated 24.c Packet Pg. 863 Attachment: Attachment 3 - Previous Agreement with San Bernardino County Fire Protection District for HHW collection program dated 24.c Packet Pg. 864 Attachment: Attachment 3 - Previous Agreement with San Bernardino County Fire Protection District for HHW collection program dated 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. 2017-150 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO COUNTY FIRE DEPARMENT PURSUANT TO SECTION 3.04.010 (B) (3) OF THE MUNICIPAL CODE RELATED TO HOUSEHOLD HAZARDOUS WASTE COLLECTION AND SHARPS COLLECTION SERVICES BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and San Bernardino County Fire Department, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. This purchase order is exempt from the formal contract procedures of Charter 3.04 of the Municipal Code, pursuant to Section 3.04.010 (13)(3) of said Code, "Purchases approved by the Mayor and Common Council." SECTION 3. The Purchase Order shall reference this Resolution and shall read, "San Bernardino County Fire Department, household hazardous waste collection services and sharps collection service to the City of San Bernardino." The amount of the Purchase Order shall not exceed 274,227.20 for FY 17/18. SECTION 4. The authorization to execute the above referenced Agreement is rescinded if it is not executed by all parties within sixty (60) days of the passage of this Resolution and return same to the Office of the City Clerk. 1 24.d Packet Pg. 865 Attachment: Attachment 4 - Resolution 2017-150 Agreement with San Bernardino County to provide HHW Collection Service (8893 : Resolution 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO SAN BERNARDINO COUNTY FIRE DEPARMENT PURSUANT TO SECTION 3.04.010 (B) (3) OF THE MUNICIPAL CODE RELATED TO HOUSEHOLD HAZARDOUS WASTE COLLECTION AND SHARPS COLLECTION SERVICES 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 16' day of August 2017, by the following vote, to wit: Council Members: AYES MARQUEZ X BARRIOS VALDIVIA X(M) SHORETT X NICKEL X RICHARD X MULVIHILL X(S) NAYS ABSTAIN ABSENT X rrc George arena, CM _ •C"ity Clerk The foregoing Resolution is hereby approved this 16' b day of Aum 2017. R. Carey Da s, Mayor City of SarvBemardino Approved as to form: Gary D. Saenz, City Attorney 24.d Packet Pg. 866 Attachment: Attachment 4 - Resolution 2017-150 Agreement with San Bernardino County to provide HHW Collection Service (8893 : Resolution