HomeMy WebLinkAboutJune 26, 2023 PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
SPECIAL 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
MONDAY, JUNE 26, 2023
5:30 PM - SPECIAL MEETING
201 NORTH E ST., 2ND FLOOR, MULTIPURPOSE ROOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Per Assembly Bill AB2449, Mayor Helen Tran will be participating in the meeting remotely, via Zoom, at the following location:
Luana Kai Resort • Room D308 • 940 S. Kihei Rd • Kihei, HI 96753 •
Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, 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.
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK:
https://tinyurl.com/mccpubliccomments
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.
To view PowerPoint presentations, written comments, or any revised documents for this
meeting date, select the link: https://tinyurl.com/agendabackup
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
Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
ATTENDEE NAME
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly C alvin
Council Member, Ward 7 Damon Alexander
Mayor Helen Tran
Interim City Manager Charles McNeely
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
DISCUSSION
1. Receive and File Capital Improvement Program (CIP) Update and Approve Funding
Shortfalls for Capital Improvement Program Projects
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Receive and file an update regarding the City of San Bernardino’s Capital
Improvement Program; and
2. Adopt Resolution No. 2023-090 authorizing the Agency Director of Administrative
Services to amend the FY 2023/24 Capital Improvement Plan, recording
supplemental appropriations in the amount of $1,000,000 from the Capital
Contingency Reserve Fund for the Cross Street Bridge Project; and$1,040,258 from
Measure S for the Genevieve Circuit Lighting Project; and$1,243,294 from Measure S
for the Ralston Circuit Lighting Project.
2. Resolution Adopting List of Projects under SB1 2023/2024 Road Maintenance
Program; Approving Cooperative Funding Agreement with County of San
Bernardino for Mountain Drive and Fourth Avenue Project; Approving the
Cooperative Funding Agreement with County of San Bernardino for 5th Street at
Pedley Road Project; and Authorizing the Agency Director of Finance to Amend the
FY 2023/24 Capital Improvement Plan, Recording Supplemental Appropriations (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt:
1. Resolution No. 2023-091 approving the Road Maintenance and Rehabilitation
proposed project list for submittal to the California Transportation Commission and
adopting a list of projects for Fiscal Year 2023/24 to be funded by Senate Bill 1: Road
Repair and Accountability Act of 2017; and
2. Resolution No. 2023-092 approving the Cooperative Funding Agreement with
County of San Bernardino for Mountain Drive and Fourth Avenue Project and
authorize the City Manager or designee to execute the Cooperative Funding
Mayor and City Council of the City of San Bernardino Page 3
Agreement for Mountain Drive and Fourth Avenue Project; and authorize the
Agency Director of Finance to amend the FY 2023/24 Capital Improvement
Plan, recording a supplemental appropriation in the amount of $624,319.49 in
SB1 Fund and
$131,930.51 in Gas Tax Fund, for a total project of $756,250.00 for Mountain Drive and
Fourth Avenue Project; and
3.Resolution No. 2023-093 approving the Cooperative Funding Agreement with County
of San Bernardino for 5th Street at Pedley Road Project and authorize the City
Manager or designee to execute the Cooperative Funding Agreement for 5th Street at
Pedley Road Project and authorize the Agency Director of Finance to amend the FY
2023/24 Capital Improvement Plan, recording a supplemental appropriation in the
amount of $293,481.76 in SB1 Fund and $62,018.24 in Gas Tax Fund, for a total
project of $355,500.00 for 5th Street at Pedley Road Project; and
4.Resolution No. 2023-094 authorizing the Agency Director of Finance to amend the FY
2023/24 Capital Improvement Plan, recording supplemental appropriations:
In the amount of $2,472,924.36 in SB1 Fund and $522,575.64 in Gas Tax Fund,
for a total additional appropriation of $2,995,500.00 for Arden Avenue and Other
Roads; Blake Street and Other Roads; Citrus Street and Other Roads;
Lynwood Drive and Other Roads; Third Street and Other Roads; North San
Bernardino Area Curb Ramps Projects, which were approved on Resolution No
2021-236; and
In the amount of $188,843.75 in SB1 Fund and $39,906.25 in Gas Tax Fund, for
a total additional appropriation of $228,750.00 for 40th Street and Other Roads
Project, which was approved on Resolution No 2020-227 and 2023-023.
In the amount of $1,944,044.64 in SB1 Fund and $410,813.36 in Gas Tax Fund,
for a total additional appropriation of $2,354,858.00 for Street Rehabilitation – 21
locations (Project No. 13511) Project.
ADJOURNMENT
The next Special Meeting of the Mayor and City Council and the Mayor and City Council Acting
as the Successor Agency to the Redevelopment Agency will be held on June 30, 2023 at the
Multipurpose Conference Room, 2nd Floor, 201 North E Street, San Bernardino 92401. Open
Session will begin at 9:00 a.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify
that the agenda for the June 26, 2023 Special 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 Feldheym Central Library located at 555 West 6th Street, San Bernardino, California,
and on the City's website sbcity.org on June 22, 2023.
I declare under the penalty of perjury that the foregoing is true and correct.
Genoveva Rocha, CMC, City Clerk
NOTICE OF A SPECIAL MEETING OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Thursday, June 22, 2023
SUBJECT: Special Meeting on Monday, June 26, 2023
NOTICE IS HEREBY GIVEN that the City Manager, with a consensus
of the Mayor and City Council of the City of San Bernardino, has called a Special
Meeting for Monday, June 26, 2023, at 5:30 p.m.
Said meeting shall be for the purpose of considering the following:
DISCUSSION
1.Receive and File Capital Improvement Program (CIP) Update and A pprove
Funding Shortfalls for Capital Improvement Program Projects; and
2.Resolution Adopting List of Projects under SB1 2023/2024 Road Maintenance
Program; Approving Cooperative Funding Agreement with County of San
Bernardino for Mountain Drive and Fourth Avenue Project; Approving the
Cooperative Funding Agreement with County of San Bernardino for 5th Street at
Pedley Road Project; and Authorizing the Agency Director of Finance to Amend the
FY 2023/24 Capital Improvement Plan, Recording Supplemental Appropriations (All
Wards)
ADJOURNMENT
The next Special Meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be
held on June 30, 2023 at the Multipurpose Conference Room, 2nd Floor, 201
North E Street, San Bernardino 92401. Open Session will begin at 9:00 a.m.
Genoveva Rocha, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 4
Mayor and City Council of the City of San Bernardino Page 5
NOTICE: Any member of the public may address this meeting of the Mayor and City Council and
the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on
any item appearing on the agenda by approaching the microphone in the Council Chamber when
the item about which the member desires to speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
not on the agenda but which is within the subject matter jurisdiction of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment
Agency may address the body at the end of the meeting, during the period reserved for public
comments. Said total period for public comments shall not exceed 60 minutes, unless such time
limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each
member of the public, unless such time limit is extended by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to "share" his/her three minutes with any other member
of the public.
Speakers who wish to present documents to the governing body may hand the documents to the
City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency may refer any item raised by the public to staff, or to any
commission, board, bureau, or committee for appropriate action or have the item placed on the
next agenda of the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor
discussion 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.
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1)Written comments can be emailed to publiccomments@sbcity.org. Written public
comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the
agenda) will be provided to the Mayor and City council and made part of the meeting record.
They will not be read aloud unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from the publication
of the final agenda until the deadline to submit public comments. Please contact the City Clerk at
Mayor and City Council of the City of San Bernardino Page 6
909-384-5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe.
Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair
decides the cut-off time for public comment, and the time may vary per meeting. If you wish
to submit your speaker slip in advance of the meeting, please submit your request
to speak using the form on the following page:
https://tinyurl.com/mccpubliccomments
2)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: 2023
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 viaZoom
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.
b)Join the Meeting by clicking on the Zoom link below:
https://sbcity-org.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09
Meeting ID: 677 845 9453
Passcode: 2023
You can also Go to Zoom.us and click "Join a Meeting" at the top.
Enter the Meeting ID: 677-845-9453
Passcode: 2023
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.
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:June 26, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department:Public Works
Subject:Receive and File Capital Improvement Program (CIP)
Update and Approve Funding Shortfalls for Capital
Improvement Program Projects
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive and file an update regarding the City of San Bernardino’s Capital
Improvement Program; and
2. Adopt Resolution No. 2023-090 authorizing the Agency Director of
Administrative Services to amend the FY 2023/24 Capital Improvement Plan,
recording supplemental appropriations in the amount of $1,000,000 from the
Capital Contingency Reserve Fund for the Cross Street Bridge Project; and
$1,040,258 from Measure S for the Genevieve Circuit Lighting Project; and
$1,243,294 from Measure S for the Ralston Circuit Lighting Project.
Background
Each budget cycle, staff develops and presents to the Mayor and City Council the
adoption of new capital projects that are added to the previously approved projects.
With the projects approved in FY 22/23 and 23/24, along with the previously approved
projects, the City of San Bernardino has approximately $170 million in capital
improvements programmed over the next five years. The CIP includes rehabilitation of
arterial highways, collectors, and residential streets; intersection widening
improvements; miscellaneous concrete replacements and Americans with Disabilities
Act (ADA) improvements; installation of BMPs and NPDES improvements; installation
of traffic signals; construction of park improvements; installation of landscaping and
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irrigation improvements; bridge maintenance and repairs, and rehabilitation of City-
owned facilities.
To maintain the City’s infrastructure and identify upgrades, major repairs and
replacement, Public Works Engineering typically undertakes or commissions various
studies, condition assessments and plans, and feedback from the Operations Division
of the Public Works Department. Additionally, the CIP takes other sources into account,
including a review of on-going projects, active grant applications and opportunities,
requests from the City Council and the community, regulatory mandates and the
numerous conditions reports, studies and workgroups that include evaluations and
prioritizations of infrastructure needs.
Lastly, as projects are identified that are developed outside the budget cycle, staff
maintains a list of projects that have not been presented to City Council for funding as
‘unfunded projects’ for consideration in subsequent years or in a point in time
depending on funding availability and the need and priority of the City Council.
Discussion
Project Delivery Phases
The lifecycle of the City’s CIP projects is broken up into three major phases, Planning,
Design and Construction. Each major phase also contains subphases. The total
duration of a project lifecycle can typically vary from 2 years to 4 years depending on
project complexity.
Project Phase and
Subphase
Major Phase Typical Duration
Project Planning Planning 6 months to 1 year
Design Design 6 months to 1 year
Advertise and Award Design 3 months
Construction Construction 6 months to 1.5 year
Project Close-out Construction 3 months
Total Typical Duration 2 Years to 4 Years
Projects by Category, Phase and Funding
The CIP is separated into categories and consists of Buildings, Parks, Storm Drains,
Streets, Traffic Controls and Other projects. The CIP has 144 projects and is broken
down as follows:
Project Category Number of Projects
Buildings 22
Parks 31
Storm Drains 9
Streets 51
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Traffic Controls 28
Others 3
Total 144
The following is a breakdown of the project major phase and its corresponding
subphase.
Project Phase Number of Projects
Planning 16
Design 27
Advertise/Bid/Award 12
Construction 17
Close-Out 38
Not Activated 34
Total 144
The total CIP budget is approximately $170M. The following table breaks down each
project category by its respective total funding amount.
Project Category Total Funding ($M)
Buildings $21.7
Parks $36.6
Storm Drains $14.9
Streets $70.1
Traffic Controls $16.6
Others $9.6
Total $169.5
The data in the previous tables provide an overview of the City’s CIP. Attachment 2
provides specific project details for each of the 144 projects. Each project slide
provides a project description, its status, budget and timeline.
Project Management
The 144 projects represent the City’s 5 Year CIP and is a current snapshot of the
program. Projects can be added to the City’s CIP due to need or strategic planning.
Delivery of the current inventory of projects and new projects is heavily reliant on staff
resources. With a high volume of CIP projects, the engineering divisions use a
combination of in-house staff and consultants for program delivery. Due to the high
volume of projects and the challenges in staff recruitment, project delivery is difficult
due to competing priorities, complexity and importance to the City. For reference, staff
conducted an analysis of Cities with a similar size population to determine the project
load handled by a Project Manager. The table below represents the number of projects
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managed by a Project Manager. The City of San Bernardino Project Manager handles
nearly 7 times the average number of projects compared to the other cities.
City Name No. of Project
Managers
No. of Capital
Projects
Projects / Project
Manager
Huntington Beach 8 43 5
Oxnard 9 23 3
Fontana 7 96 14
Moreno Valley 9 19 2
San Bernardino 3 140 47
Fremont 9 22 2
Chula Vista 18 43 2
Santa Clarita 7 68 10
Irvine 7 72 10
Santa Ana 6 62 10
The staffing level presents a challenge to CIP delivery and staff intends to return to the
Mayor and City Council at a later date to request additional staffing to ensure timely
delivery of the City’s 5-Year CIP.
Project Shortfalls
The following projects have a funding shortfall and require a budget appropriation to
move these projects along in the lifecycle of the project. Below are two tables of
shortfall projects broken down by the approved budget, the total project cost, it’s budget
need (shortfall) and its recommended funding source to cover the shortfall.
Funding Source- Capital Contingency Reserve Fund and Measure I Fund Balance
Project Title Budget Total Project
Cost
Budget
Shortfall
Funding Source
Cross Street
Bridge
$0.00 $1,000,000
(estimated)
$1,000,000 Capital Contingency
Reserve Fund
University
Parkway & I-215
Improvements *
$2,040,000 $3,000,000 $960,000 Measure I Fund
* Staff intends to return to the City Council on 7/19/23 for approval of Co-Op 2 with
SBCTA for advancement (loan) of Measure I Funds.
Funding Source- Measure S Project Savings
Project Title Budget Total Project
Cost
Budget
Shortfall
Budget
Surplus
Funding
Source
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Genevieve Circuit
Lighting
$381,825 $1,422,083 $1,040,258 N/A Measure S
Ralston Circuit
Lighting
$382,167 $1,625,461 $1,243,294 N/A Measure S
Congress Street
from Mt. Vernon
Avenue to K
Street; 14
locations
N/A N/A N/A $325,000 Measure S
Project
Surplus
Arden Street (by
soccer field)
N/A N/A N/A $325,000 Measure S
Project
Surplus
Citywide
Pavement
Rehabilitation
N/A N/A N/A $1,350,000 Measure S
Project
Surplus
Street Sweeping
Signage Program
N/A N/A N/A $183,552 Measure S
Project
Surplus
2021-2025 Strategic Targets and Goals
The approval of this appropriation aligns with Key Target No. 1d: Create a framework
for spending decisions, Key Target No.1e: Improved Operational & Financial Capacity,
Key Target No 3: Improved Quality of Life, and Key Target No. 4.: Economic Growth
& Development. Completion of this project will improve the City’s infrastructure and
improve safety.
Fiscal Impact
The following table provides a breakdown of appropriation amounts by project and
fund.
Project Title Budget Shortfall Funding Source
Cross Street Bridge $1,000,000 Capital Contingency
Reserve Fund
Genevieve Circuit Lighting $1,040,258 Measure S
Ralston Circuit Lighting $1,243,294 Measure S
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive and file an update regarding the City of San Bernardino’s Capital
Improvement Program; and
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2. Adopt Resolution No. 2023-090 authorizing the Agency Director of
Administrative Services to amend the FY 2023/24 Capital Improvement Plan,
recording supplemental appropriations in the amount of $1,000,000 from the
Capital Contingency Reserve Fund for the Cross Street Bridge Project; and
$1,040,258 from Measure S for the Genevieve Circuit Lighting Project; and
$1,243,294 from Measure S for the Ralston Circuit Lighting Project.
Attachments
Attachment 1- Resolution No. 2023-090
Attachment 2- CIP Presentation
Ward:
All Wards
Synopsis of Previous Council Actions:
None
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Resolution No. 2023-090
Resolution 2023-090
June 26, 2023
Page 1 of 3
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RESOLUTION NO. 2023-090
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE AGENCY DIRECTOR OF
ADMINISTRATIVE SERVICES TO AMEND THE FY
2022/23 CAPITAL IMPROVEMENT PLAN TO RECORD A
SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF
$1,000,000 FROM THE CAPITAL CONTINGENCY
RESERVE FUND FOR THE CROSS STREET BRIDGE
PROJECT; AND $1,040,258 FROM MEASURE S FOR THE
GENEVIEVE CIRCUIT LIGHTING PROJECT; AND
$1,243,294 FROM MEASURE S FOR THE RALSTON
CIRCUIT LIGHTING PROJECT.
WHEREAS, the Cross Street Project, Genevieve Circuit Lighting Project and Ralston
Circuit Lighting have a funding shortfall of $1,000,000, $1,040,258, and $1,243,294 respectively;
and
WHEREAS, there is fund balance in the Capital Contingency Reserve Fund and project
savings Congress Street from Mt. Vernon Avenue to K Street included in the 14 locations Project,
Arden Street (by soccer field) Project, Citywide Pavement Rehabilitation Project, and Street
Sweeping Signage Program Project in the amount of $325,00, $325,000, $1,3500,00 and $183,552
respectively.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Mayor and City Council hereby authorize the Agency Director of
Administrative Services to amend the FY 2022/23 Capital Improvement Plan recording a
supplemental appropriation in the amounts:
Project Title Budget Shortfall Funding Source
Cross Street Bridge $1,000,000 Capital Contingency
Reserve Fund
Genevieve Circuit Lighting $1,040,258 Measure S
Ralston Circuit Lighting $1,243,294 Measure S
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Resolution No. 2023-090
Resolution 2023-090
June 26, 2023
Page 2 of 3
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SECTION 3.As the decision-making body for these project, the City Council has
reviewed and considered the information contained in the administrative record for the proposed
project. Based upon the facts and information contained in the administrative record, including all
written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed projects are exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA
Guidelines because it involves the asphalt pavement. Additionally, the City Council finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity
is covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty, as in this case,
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA;
(3) The application of the Class 1 categorical exemption is not barred by one of the
exceptions set forth in the CEQA Guidelines Section 15300.2 because asphalt pavement does not
present any unusual circumstances; would not damage scenic resources, including any resources
in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not
impact historic resources of any kind.
SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 26th day of June, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-090
Resolution 2023-090
June 26, 2023
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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. 2023-090, adopted at a regular meeting held on the 26th day of June 2023 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 27th day of June 2023.
Genoveva Rocha, CMC, City Clerk
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CAPITAL IMPROVEMENT PROGRAM
STATUS REPORT
Presented by
City of San Bernardino
Public Works Department
June 26, 2023
1
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Presentation Agenda
•Project Delivery
•Capital Improvement Program (CIP) Overview
•CIP Projects
•CIP Project Budget Status
•Project Management Staffing Level
2
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Project Delivery Phases
3
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Project Delivery Workflow Process
Project Planning
(6 months to 1
year)
Design
(6 months to 1
year)
Advertise and Award
(3 months)
Construction
(6 months to 1.5
years)
Project Close-out
(3 months)
PLANNING DESIGN CONSTRUCTION
2 years to 4 years
4
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Capital Projects by Phase
5
16
27
12
17
38
34
0
5
10
15
20
25
30
35
40
Planning Design Advertise/Award Construction Close-Out Not-Activated
Number of
Projects
Total 144 Capital Projects
Packet Pg. 20
Capital Projects Funding by Phase
6
$117,695,128
$30,640,349
$21,259,490
$0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
$140,000,000
Planning / Design / Construction Close-Out Not-Activated
Total $169.6 million Capital Improvement Program.
Not-activated include projects not assigned to staff or no approved funding.
Packet Pg. 21
Capital Projects by Category
7
22 Building Projects,
15%,
13 Active Projects
31 Parks Projects, 22%,
12 Active Projects
9 Storm Drain Projects, 6%,
4 Active Projects
51 Streets Projects, 35%,
27 Active Projects
28 Traffic Controls Projects, 20%,
16 Active Projects
3 Other Projects, 2%,
0 Active Projects
Buildings Parks Storm Drains Streets Traffic Controls Others
Packet Pg. 22
Capital Projects Funding by Category
8
$21.7M Building Projects, 13%
$20M Active Projects
$36.6 M Parks
Projects, 21%
$28.6M Active
Projects
$14.9M Storm Drains
Projects, 9%
$10.4M Active Projects
$70.1M Streets Projects, 41%
$43.1M Active Projects
$16.6 M Traffic Controls Projects, 10%
$15.5M Active Projects
$9.6M Other Projects, 6%
$9.6M Not-Activated
Buildings Parks Storm Drains
Streets Traffic Controls Others
Packet Pg. 23
9
Encanto Community Center Improvements
CIP #2
Project Category: Building Ward: 1
Project Description:
Estimated Total Project Cost:$3,394,315
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction Construction
Within Budget
Budget: $3,394,315
Current Project Status and Timeline:
Budget Status:
Remodel and rehabilitate the Community Center.
Estimated Project Completion:
6/30/2020Project Approval Date:
07/2024
Packet Pg. 24
10
California Theater Renovation
CIP #6
Project Category:Building Ward: 1
Project Description:
Estimated Total Project Cost:$4,870,431
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Design Construction
Budget Status:Within Budget
08/2025
The improvements include pipe organ restoration, sound system upgrades,
structural and safety improvements, lighting, HVAC, ADA compliance, and related
improvements at California Theater.
Project Approval Date: 6/30/2021
Budget: $4,870,431
Current Project Status and Timeline:
Estimated Project Completion:
Packet Pg. 25
Carousel Mall Demolition
CIP #7
Project Category:Building Ward: 1
Project Description:
Estimated Total Project Cost:$8,084,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
02/2024
Budget Status:Within Budget
The improvements include hazardous material abatement and demolishing the
existing facilities at Carousel Mall.
Project Approval Date: 6/30/2022
Budget: $8,084,000
Current Project Status and Timeline:
Estimated Project Completion:
Packet Pg. 26
12
Paul Villaseñor Library Building Improvements
CIP #8
Packet Pg. 27
13
New Animal Shelter
CIP #10
Project Category:Building Ward: 3
Project Description:
Estimated Total Project Cost:$219,046
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Planning Design Construction Construction
Budget Status:Within Budget
03/2027
New animal shelter building, parking, walkways, and exercise yards.
Project Approval Date: 6/30/2020
Budget: $378,675
Current Project Status and Timeline:
Estimated Project Completion:
Packet Pg. 28
14
5th Street Senior Center Doors Improvements
CIP #11
Project Category:Building Ward: 1
Project Description:
Estimated Total Project Cost:$461,685
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Budget Status:Within Budget
07/2023
ADA compliant automatic doors replacement.
Project Approval Date: 9/21/2022
Budget: $867,683
Current Project Status and Timeline:
Estimated Project Completion:
Packet Pg. 29
15
Perris Hill Senior Center Roof Replacement
CIP #13
Project Category:Building Ward: 2
Project Description:
Estimated Total Project Cost:$205,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
08/2023
Budget Status:Within Budget
Project Site Map
Rehabilitate existing roof structure and related improvements at Perril Hills Senior
Center facility.
Project Approval Date: 6/30/2020
Budget: $250,000
Current Project Status and Timeline:
Estimated Project Completion:
Packet Pg. 30
16
Police Locker Room Renovation
CIP #14
Project Category:Building Ward: 1
Project Description:
Estimated Total Project Cost:$498,847
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Planning /
Design Construction Construction
Budget Status:Within Budget
12/2025
Project Site Map
Replace/repair plumbing and remodel locker rooms.
Project Approval Date: Prior to 6/30/2018
Budget: $500,000
Current Project Status and Timeline:
Estimated Project Completion:
Packet Pg. 31
17CIP #17
City Hall Server Room HVAC
Project Category:Building Ward: 1
Project Description:
Estimated Total Project Cost:$221,375
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
Budget Status:Within Budget
10/2023
Install new AC units.
Project Approval Date: 12/7/2022
Budget: $221,375
Current Project Status and Timeline:
Estimated Project Completion:
Packet Pg. 32
18CIP #18
Regal Theatre HVAC System
Project Category:Building Ward: 1
Project Description:
Estimated Total Project Cost:$389,693
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
Budget Status:Within Budget
10/2023
Replace 8 new AC units.
Project Approval Date: 12/7/2022
Budget: $389,693
Current Project Status and Timeline:
Estimated Project Completion:
Packet Pg. 33
19CIP #19
One Stop Permitting Center
Packet Pg. 34
20
Jerry Lewis Swim Center Improvements
CIP #24
Project Category:Parks Ward: 7
Project Description:
Estimated Total Project Cost:$174,352
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Budget Status:Within Budget
09/2023
The Jerry Lewis Swim Center was last remodeled in 1993. This is the most utilized
aquatic facilities. The scope of work is to install pool heaters.
Project Approval Date: 9/21/2022
Budget: $190,000
Current Project Status and Timeline:
Project Completion:
Packet Pg. 35
21CIP #27
Pioneer Memorial Cemetery & Seccombe Lake
Improvements: Fence Installation
Project Category:Parks Ward: 1
Project Description:
Estimated Total Project Cost:$590,829
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design /
Construction Construction
Budget Status:Within Budget
10/2023
Install 7'-high wrought iron security fencing and gates along the perimeter of
Seccombe Lake Park and Pioneer Memorial Cemetery.
Project Approval Date: 9/8/2021
Budget: $590,829
Current Project Status and Timeline:
Project Completion:
Packet Pg. 36
22CIP #28
Wildwood Park & Encanto Park – Phase 1:
Baseball / Softball Field Repair
Packet Pg. 37
Roosevelt Bowl Rehabilitation
CIP #34
Project Category:Parks Ward: 2
Project Description:
Estimated Total Project Cost:$1,200,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Design Construction
Estimated Project Completion:
Seating, lighting, sound, and building upgrades (hall, interior lighting, bathrooms,
changing/makeup rooms). This project will address deferred maintenance at this
outdoor center, and provide a safer environment for community attendance at
events.
Project Approval Date: 6/30/2021
Budget: $1,200,000
Current Project Status and Timeline:
Budget Status:Within Budget
12/2024
Packet Pg. 38
Speicher Park – East Side Skate Park
CIP #36
Project Category:Parks Ward: 2
Project Description:
Estimated Total Project Cost:$880,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction Construction
Estimated Project Completion:
Rehabilitate existing skate park at Speicher Park including concrete surfaces, planting
areas, shade structures and related improvements.
Project Approval Date: 6/30/2022
Budget: $880,000
Current Project Status and Timeline:
Budget Status:Within Budget
09/2024
Packet Pg. 39
Nicholson Park Improvements
CIP #37
Project Category:Parks Ward: 6
Project Description:
Estimated Total Project Cost:$9,944,715
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction Construction
Estimated Project Completion:
Project Site Map
Rehabilitate existing ballfields, concession building, renovation of restrooms with
ADA improvements, parking lot rehabilitation, construction of new walkways and
new landscaping.
Project Approval Date: 6/30/2020
Budget: $9,870,275
Current Project Status and Timeline:
Budget Status: Within Budget
11/2024
Packet Pg. 40
Seccombe Lake Park Improvements
CIP #38
Project Category:Parks Ward: 1
Project Description:
Estimated Total Project Cost:$9,998,970
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction Construction
Estimated Project Completion:
Upgrade the site furnishings, parking lot rehabilitation, new landscaping, lake
improvements, ADA upgrades and irrigation improvements.
Project Approval Date: 6/30/2022
Budget: $9,998,970
Current Project Status and Timeline:
Budget Status:Within Budget
11/2024
Packet Pg. 41
27
Lytle Creek Park Improvements
CIP #39
Project Category:Parks Ward: 3
Project Description:
Estimated Total Project Cost:$600,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Estimated Project Completion:
Project Site Map
Installation of soccer/futsal fields
Project Approval Date: Prior to 6/30/2018
Budget: $600,000
Current Project Status and Timeline:
Budget Status:Within Budget
05/2024
Packet Pg. 42
Speicher Park – Ball Field Improvements
CIP #40
Project Category:Parks Ward: 2
Project Description:
Estimated Total Project Cost:$1,950,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Design Construction
Estimated Project Completion:
Budget Status:Within Budget
02/2025
Install new artificial turf system with drainage at Huchabaa Field, and replace infill
material on other baseball fields at Speicher Park, lighting improvements, electrical
repairs and all related improvements.
Project Approval Date: 6/30/2021
Budget: $1,950,000
Current Project Status and Timeline:
Packet Pg. 43
Sal Saavedra Park – Field Improvements
CIP #41
Project Category:Parks Ward: 1
Project Description:
Estimated Total Project Cost:$995,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Design Construction
Estimated Project Completion:
Budget Status:Within Budget
01/2025
Upgrade the site furnishings, baseball field rehabilitation, ADA upgrades at
concession stand and restroom facility and irrigation improvements at Sal Saavedra
Park, Guadalupe FIeld.
Project Approval Date: 6/30/2022
Budget: $995,000
Current Project Status and Timeline:
Packet Pg. 44
Parks Master Plan Study
CIP #46
Project Category:Parks Ward: All
Project Description:
Estimated Total Project Cost:$1,097,140
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning
Estimated Project Completion:
Budget Status:Within Budget
06/2024
Preparation of a Parks Master Plan: Assess existing parks conditions, establish parks
service program, capital improvement plan, costs, and schedule.
Project Approval Date: 6/30/2022
Budget: $1,100,000
Current Project Status and Timeline:
Packet Pg. 45
31
CIP #48
Newmark Ball Field(s) Lighting System Installation
Project Category:Parks Ward: 4
Project Description:
Estimated Total Project Cost:$1,675,464
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Budget Status:Within Budget
05/2024
Project Site Map
New lighting (box, contactors, breakers, conduit, wire, poles, fixtures, security lights) for T-
Ball and Softball Fields (2ea.) The field currently has obsolete lighting that is not longer
serviceable as parts are not available. This is a highly used field and replacement of these
lights will significantly improve safety at the park.
Project Approval Date: 6/30/2021
Budget: $1,705,052
Current Project Status and Timeline:
Estimated Project Completion:
Packet Pg. 46
32
CIP #49
Speicher Park Multipurpose Field New Lighting
Installation
Project Category:Parks Ward: 7
Project Description:
Estimated Total Project Cost:$1,083,394
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Budget Status:Within Budget
05/2024
Project Site Map
The City has only one lighted multipurpose field (football, soccer, field hockey, ultimate
frisbee) used by a dozen resident youth sports groups The installation of a lighting system
will improve safety and expand the use of fields to meet the growing needs of community
sports play, especially soccer, for all ages.
Project Approval Date: 6/30/2021
Budget: $1,099,135
Current Project Status and Timeline:
Estimated Project Completion:
Packet Pg. 47
33
CIP #55
Meyers Creek Focused Drainage Study
Project Category:Storm Drain Ward: 5
Project Description:
Estimated Total Project Cost:$266,771
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Planning
Estimated Project Completion:
Provide focused drainage study of the Meyers Creek, identify drainage structure
deficies and capital improvement requirements and costs.
Project Approval Date: 6/30/2022
Budget: $266,771
Current Project Status and Timeline:
Budget Status:Within Budget
06/2024
Packet Pg. 48
34
CIP #58
Sierra Way Storm Drain Improvements
Project Category:Storm Drain Ward: 7
Project Description:
Estimated Total Project Cost:$3,965,209
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Design Construction
Estimated Project Completion:
Project Site Map
Installation of drainage system on Sierra Way between 31st Street and 40th Street.
Project Approval Date: 6/30/2019
Budget: $3,965,209
Current Project Status and Timeline:
Budget Status:Within Budget
01/2025
Packet Pg. 49
35
CIP #60
Mt. Vernon Storm Drain
Project Category:Storm Drain Ward: 6
Project Description:
Estimated Total Project Cost:$6,156,522
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Estimated Project Completion:
Street and Storm Drain Improvement for Mt. Vernon Ave. from 16th Street to Cajon
Blvd.
Project Approval Date: 6/30/2019
Budget: $6,156,522
Current Project Status and Timeline:
Budget Status:Within Budget
06/2024
Packet Pg. 50
36
CIP #61
Storm Drain Catch Basin Screen Installation
Project Category:Storm Drain Ward: All
Project Description:
Estimated Total Project Cost:$376,020
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Planning /
Design Construction
Estimated Project Completion:
Yearly project for 5 years. Install connector pipe screen at various storm drain catch
basin locations per MS4 Permit requirements.
Project Approval Date: 6/30/2021
Budget: $376,020
Current Project Status and Timeline:
Budget Status:Within Budget
11/2024
Packet Pg. 51
37
CIP #65
Construct Median on Kendall Curve
Project Category:Streets Ward: 4, 5, 7
Project Description:
Estimated Total Project Cost:$1,607,287
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Budget Status:Shortfall
TBD - UnderfundedEstimated Project Completion:
Project Site Map
Construction of a median on the Kendall curve to improve roadway condtions along this
stretch of Kendall Dr.
Project Approval Date: 6/30/2021
Budget: $938,958
Current Project Status and Timeline:
Packet Pg. 52
38
CIP #75
Street Sweeping Signage Program
Project Category:Streets Ward: All
Project Description:
Estimate Total Project Cost:$0
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Design Construction
Estimated Project Completion:
Project Site Map
Signs to be installed to restrict parking during a 3 to 4 hour window for street
sweeping.
Project Approval Date: 6/30/2020
Budget: $2,000,000
Current Project Status and Timeline:
Budget Status:Surplus
06/2025
Packet Pg. 53
39
CIP #77
Street Rehabilitation – 21 Locations
Project Category:Streets Ward: All
Project Description:
Total Project Cost (Estimate):$13,954,994
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction Construction
Budget Status:Shortfall
09/2024
Grinding, overlay and concrete improvements at select segments of Alameda Ave; H
Street; Oak Street; Sonora St; 36th Street; 6th Street; Guthrie St; Oak St; 16th St;
Business Center Dr; 35th St; Garfield St; Tamarisk Ave; 18th St; 2nd St; 13th St; Vanderbilt
Way; 43rd Ave; Ohio St; Dallas Ave; 33rd St
6/30/2021
$6,080,695
Estimated Project Completion:
Project Site Map Project Approval Date:
Budget:
Current Project Status and Timeline:
Packet Pg. 54
Street Rehabilitation – 3 Locations
CIP #82
Project Category:Streets Ward: 1; 4; 3
Project Description:
Estimated Total Project Cost:$2,091,962
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Estimated Project Completion:
Grinding, overlay and concrete improvements at 10th St between F St and G St; 49th
St between Sepulveda Ave to end San Bernardino; and Rialto Avenue between Mt.
Vernon to Bridge
Project Approval Date: 6/30/2021
Budget: $2,091,962
Current Project Status and Timeline:
Budgt Status:Within Budget
04/2024
Packet Pg. 55
Alley Rehabilitation – Clean California Grant
CIP #86
Project Category:Streets Ward: 1
Project Description:
Estimated Total Project Cost:$722,722
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Estimated Project Completion:
Rehabilitate 4th street Alley including asphalt rehabilitation, installing trash bins, bike
racks, new plants/trees; new artwork or paint on the walls.
Project Approval Date: 6/30/2022
Budget: $722,722
Current Project Status and Timeline:
Budget Status:Within Budget
06/2024
Packet Pg. 56
42
CIP #87
State HWY I-215 & University Parkway Interchange
Improvements
Project Category:Streets Ward: 5 & 6
Project Description:
Estimated Total Project Cost:$2,962,055
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Budget Status:Shortfall
03/2025Estimated Project Completion:
Project Site Map
Construct a new Diamond Diversion interchange System. This new interchange will reduce
congestion at this high volume ramp system.
Project Approval Date: 6/30/2021
Budget: $2,002,055
Current Project Status and Timeline:
Packet Pg. 57
43
CIP #88
Citywide Pavement Rehabilitation
Project Category:Streets Ward: 2, 4, 5 & 7
Project Description:
Estimated Total Project Cost:$1,687,641
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
Project Completion:
Project Site Map
This is a citywide initiative to improve the overall condition of streets. The scope of
work includes crack filling and slurry sealing at various locations.
Project Approval Date: 9/21/2022
Budget: $2,040,842
Current Project Status and Timeline:
Budget Status:Surplus
08/2023
Packet Pg. 58
44
CIP #90
City of Highland Joint Projects:
Pacific Ave Pavement Rehabilitation
Packet Pg. 59
45
CIP #91
City of Highland Joint Projects:
CA-210 & Victoria Interchange
Project Category:Streets Ward: 2 & 4
Project Description:
Estimated Total Project Cost:$0
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Planning Design Design Construction
Budget Status:Within Budget
01/2029Estimated Project Completion:
Project Site Map
Planning stages for Contruction of On/Off Ramps on the CA-210 Freeway at Victoria Ave.
Project is funded by the Tribe and City of Highland.
Project Approval Date: 6/30/2021
Budget: $0
Current Project Status and Timeline: N Victoria Ave
Packet Pg. 60
Pepper Ave Rehabilitation
CIP #92
Project Category:Streets Ward: 3 & 6
Project Description:
Estimated Total Project Cost:$8,515,506
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
Estimated Project Completion:
Asphalt rehabilitation and concrete improvements from Baseline Road to Mill street.
Project Approval Date: 7/20/2022
Budget: $8,515,506
Current Project Status and Timeline:
Budget Status:Within Budget
01/2024
Packet Pg. 61
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CIP #94
Sierra Way from 9th St. to 30th St.
Project Category:Streets Ward: 1, 2 & 7
Project Description:
Estimated Total Project Cost:$2,322,287
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
Project Completion:
Street pavement grinding, overlay and concrete work improvements.
Project Approval Date: 5/4/2022
Budget: $2,493,946
Current Project Status and Timeline:
Budget Status:Surplus
08/2023
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CIP #95
SB County Joint St. Rehabilitation Projects:
Lynwood Dr. & Other Roads
Project Category:Streets Ward: 4 & 7
Project Description:
Estimated Total Project Cost:$1,863,750
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction Construction
Estimated Project Completion:
Project Site Map
Surface Seal Treatment
Project Approval Date: 10/26/2021
Budget: $1,371,000
Current Project Status and Timeline:
Budget Status:Shortfall
9/2024
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CIP #96
SB County Joint Street Rehabilitation Projects:
Citrus St. & Other Roads
Project Category:Streets Ward: 1, 2, 4, 7
Project Description:
Estimated Total Project Cost:$686,250
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Design Construction
Budget Status:Shortfall
06/2025Estimated Project Completion:
Project Site Map
Resurface Road
Project Approval Date: 6/30/2021
Budget: $0
Current Project Status and Timeline:
Packet Pg. 64
50
CIP #97
SB County Joint Street Rehabilitation Projects:
Blake St. & Other Roads
Project Category:Streets Ward: 6
Project Description:
Estimated Total Project Cost:$47,500
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Design Construction
Estimated Project Completion:
Project Site Map
Resurface Road and ADA curb ramp update
Project Approval Date: 10/26/2021
Budget: $0
Current Project Status and Timeline:
Budget Status:Shortfall
06/2025
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CIP #98
SB County Joint Street Rehabilitation Projects:
Third St. & Other Roads
Project Category:Streets Ward: 1 & 2
Project Description:
Estimated Total Project Cost:$1,601,250
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Design Construction
Estimated Project Completion:
Project Site Map
Resurface Road and ADA curb Ramp update.
Project Approval Date: 10/26/2021
Budget: $0
Current Project Status and Timeline:
Budget Status:Shortfall
06/2025
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CIP #99
SB County Joint Street Rehabilitation Projects:
North San Bernardino Area Curb Ramps
Project Category:Streets Ward: 2 & 7
Project Description:
Estimated Total Project Cost:$37,500
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Design Construction
Estimated Project Completion:
Project Site Map
ADA Curb Ramp Update.
Project Approval Date: 10/26/2021
Budget: $0
Current Project Status and Timeline:
Budget Status:Shortfall
06/2025
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CIP #100
SB County Joint Street Rehabilitation Projects:
Arden Ave & Other Roads
Project Category:Streets Ward: 1, 2, 4, 7
Project Description:
Estimated Total Project Cost:$2,396,250
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Design Construction
Budget Status:Shortfall
06/2025Estimated Project Completion:
Project Site Map
Pavement Reconstruction, Mill and Overlay, Americans with Disabilities Act (ADA) curb
ramp update, and sewer manhole adjustment.
Project Approval Date: 6/30/2021
Budget: $0
Current Project Status and Timeline:
Packet Pg. 68
54CIP #103
State Highway CA-210 at Waterman Avenue
Project Category:Streets Ward: 7
Project Description:
Estimated Total Project Cost:$1,398,270
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Construction
Budget Status:Shortfall
09/2024Estimated Project Completion:
The purpose of the project is to alleviate existing congestion and queues at the
interchange by increasing capacity and the additions of turning lanes.
Project Approval Date: 6/30/2021
Budget: $400,000
Current Project Status and Timeline:
Packet Pg. 69
Pavement Management Program
CIP #104
Project Category:Streets Ward: All
Project Description:
Estimated Total Project Cost:$996,173
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Planning
Estimated Project Completion:
The project includes preparation of Citywide pavement management program.
Project Approval Date: 6/30/2022
Budget: $1,000,000
Current Project Status and Timeline:
Budget Status:Within Budget
09/2024
Packet Pg. 70
Mount Vernon Ave Bridge Replacement
CIP #108
Project Category:Streets Ward: 1
Project Description:
Estimated Total Project Cost:$3,802,188
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Design /
Construction Construction Construction
Budget Status:Shortfall
08/2025Estimated Project Completion:
This is a joint project led by SBCTA that includes replacement of existing bridge on Mt.
Vernon Avenue, and related improvements.
Project Approval Date: 6/30/2020
Budget: $3,579,531
Current Project Status and Timeline:
Packet Pg. 71
State St. Extension Phase 1 – 16 St. to Baseline Rd.
CIP #110
Project Category:Streets Ward: 6
Project Description:
Estimated Total Project Cost:$8,472,943
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
Budget Status:Within Budget
12/2023Estimated Project Completion:
Phase 1 improvements includes construction of new asphalt roadway, concrete sidewalk,
curb and gutter, curb ramps, concrete raised medians, traffic signal improvements, and
striping.
Project Approval Date: 6/30/2021
Budget: $8,480,960
Current Project Status and Timeline:
Packet Pg. 72
Cross Street Bridge
CIP #112
Project Category:Streets Ward: 2
Project Description:
Estimated Total Project Cost:$1,003,447
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Estimated Project Completion:
Replace and repair existing bridge on Cross Street, west of Fairfax Drive as
emergency repairs.
Project Approval Date: 03/2023
Budget: $0
Current Project Status and Timeline:
Budget Status:Shortfall
02/2024
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SB County Joint Project – 4th Avenue & Mountain Dr.
CIP #113
Project Category:Streets Ward: 5
Project Description:
Estimated Total Project Cost:$756,250
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Design Construction
Estimated Project Completion:
Project Site Map
Culvert construction and roadway reconstruction, pavement reconstruction, ADA
curb curb improvements.
Project Approval Date: Not Approved BY CC yet.
Budget: $0
Current Project Status and Timeline:
Budget Status:Shortfall
09/2025
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SB County Joint Project – 5th St & Pedley Road
CIP #114
Project Category:Streets Ward: 1
Project Description:
Estimated Total Project Cost:$355,500
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Estimated Project Completion:
Project Site Map
Hawk system installation, ADA ramps upgrade/construction, intersection widening,
Installation of High Intensity Activated Crosswalk Beacon for a school crosswalk
including intersection street civil improvements.
Project Approval Date: Not Approved BY CC yet.
Budget: -$
Current Project Status and Timeline:
Budget Status:Shortfall
10/2023
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SB County Joint Project – 40th St. & Other Roads
CIP #115
Project Category:Streets Ward: 4
Project Description:
Estimated Total Project Cost:$1,143,750
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design Construction
Estimated Project Completion:
Project Site Map
Mill and overlay, overlay, and ADA ramp updates, roadway Resurfacing of 40th
streets and other roads, which will include adjustment of 25 manholes covers, and
intersection pavment improvements with ADA compliant Ramps.
Project Approval Date: 9/29/2020
Budget: -$
Current Project Status and Timeline:
Budget Status:Shortfall
06/2024
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Streetlight Knocked-Down Poles Replacement
CIP #116
Project Category:Traffic Controls Ward: All
Project Description:
Estimated Total Project Cost:$38,709
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
Estimated Project Completion:
As street lights get knocked down they will be removed and replaced. This happens
on a per incident basis.
Project Approval Date: Prior to 6/30/2018
Budget: $54,889
Current Project Status and Timeline:
Budget Status:Within Budget
11/2023
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Solar Powered Street Lights on E St between
Baseline St. & Highland Ave.
CIP #117
Project Category:Traffic Controls Ward: 2
Project Description:
Estimated Total Project Cost:$285,722
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
Estimated Project Completion:
Project Site Map
The restoration of lighting services on this segment is needed to improve pedestrian
safety and motorist visibility. The electrical system supporting the lighting system requires
full reconstruction. This project will evaluate the use of solar lighting as an alternative to
traditional wired street lights.
Project Approval Date: Prior to 6/30/2018
Budget: $285,722
08/2023
Current Project Status and Timeline:
Budget Status:Within Budget
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Genevieve Circuit Lighting
CIP #118
Project Category: Traffic Controls Ward: 7
Project Description:
Estimated Total Project Cost:$1,040,258
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Construction Construction
Budget Status:Shortfall
09/2024Estimated Project Completion:
Marshall Blvd on the south, 34th St. on the north, Mountain View Ave. on the West and
Sierra Way on the east. Major electrical circuit repairs are required to restore lighting in
this area. The project would repair these circuits and upgrade the lighting fixtures to LED.
Project Approval Date: 6/30/2021
Budget: $381,825
Current Project Status and Timeline:
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Ralston Circuit Lighting
CIP #119
Project Category: Traffic Controls Ward: 7
Project Description:
Estimated Total Project Cost:$1,243,294
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Construction Construction
Budget Status:Shortfall
09/2024Estimated Project Completion:
Waterman Ave on the east, Sierra Way on the west, Palmyra on the south, Sonora Dr. on
the north. Major electrical circuit repairs are required to restore lighting in this area. The
project would repair these circuits and upgrade the lighting fixtures to LED.
Project Approval Date: 6/30/2021
Budget: $382,167
Current Project Status and Timeline:
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CIP #120
Citywide Street Lighting Upgrades
Project Category:Traffic Controls Ward: All
Project Description:
Estimated Total Project Cost:$901,282
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
Budget Status:Within Budget
02/2024
Project Site Map
Retrofitting all city-owned streetlights to LED fixtures. Better quality, more energy
efficient lighting and better safety for pedestrians and motorists. Phase 2
Project Approval Date: 6/30/2021
Budget: $1,000,000
Current Project Status and Timeline:
Estimated Project Completion:
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CIP #121
Upgrade Various Signal Hardware on 224 Signalized
Intersections on Various Arterials
Project Category:Traffic Controls Ward: All
Project Description:
Estimated Total Project Cost:$4,069,479
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction Construction
Budget Status:Within Budget
09/2023Estimated Project Completion:
Project Site Map
Upgrade various signal hardware components, including traffic signal heads, push
buttons, and pedestrian signal heads on two hundred twenty-four (224) signalized
intersections on various arterial in the City of San Bernardino.
Project Approval Date: 6/30/2020
Budget: $6,436,296
Current Project Status and Timeline:
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CIP #122
Implement Advanced Dilemma Zone Detection at 49
Signalized Intersections
Project Category:Traffic Controls Ward: 1,2,3,6,7
Project Description:
Estimated Total Project Cost:$3,978,574
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning Construction
Budget Status:Within Budget
09/2024Estimated Project Completion:
Project Site Map
Implement advance dilemma zone detection at 49 signalized intersections within three
roadway corridors. Mt. Vernon Ave. from Highland Ave. to Johnston St., Baseline St. from
Del Rosa Ave. to California St. and Highland Ave. from Medical Center Dr. to Victoria Ave.
Project Approval Date: 6/30/2020
Budget: $7,022,566
Current Project Status and Timeline:
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CIP #126
Traffic Management Center (TMC) – (Annual)
Project Category:Traffic Controls Ward: All
Project Description:
Estimated Total Project Cost:$37,826
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Planning
Project Completion:
Project Site Map
Traffic Engineering maintains and improves the traffic management center.
Improvements to this software and hardware will improve driving conditions
throughout the city.
Project Approval Date: 6/30/2020
Budget: $44,420
Current Project Status and Timeline:
Budget Status:Surplus
TBD - Underfunded
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CIP #127
9th St. & Medical Center Traffic Signal Upgrade
Project Category:Traffic Controls Ward: 6
Project Description:
Total Project Cost:$428,448
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction
Budget Status:Within Budget
06/2023Project Completion:
Project Site Map
This project will upgrade the existing traffic signal at the intersection of 9th St and
Medical Center Drive.
Project Approval Date: 6/30/2020
Budget: $428,448
Current Project Status and Timeline:
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CIP #128
Del Rosa Signal Upgrade
Project Category:Traffic Controls Ward: 2 & 7
Project Description:
Total Project Cost:$376,290
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Construction
Budget Status:Within Budget
06/2023Project Completion:
Project Site Map
This project will upgrade the existing traffic signal at the intersection of Del Rosa Ave with
Date St/Date Pl.
Project Approval Date: 6/30/2020
Budget: $376,290
Current Project Status and Timeline:
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CIP #138
Mt. Vernon Ave & Rialto Ave Traffic Signal Upgrade
Project Category:Traffic Controls Ward: 1 & 3
Project Description:
Estimated Total Project Cost:$20,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design
Budget Status:Within Budget
12/2023Estimated Project Completion:
This signal equipment is at its end of useful life and is experiencing failures. This upgrade
will include the poles and cameras. (Selected based on KOA assessment)
Project Approval Date: Prior to 6/30/2018
Budget: $60,000
Current Project Status and Timeline:
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CIP #139
Mt. Vernon Ave & Walnut Ave Traffic Signal Upgrade
Project Category:Traffic Controls Ward: 3
Project Description:
Estimated Total Project Cost:$20,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design
Budget Status:Within Budget
12/2023Estimated Project Completion:
This signal equipment is at its end of useful life and is experiencing failures. This upgrade
will include the poles and cameras.
Project Approval Date: Prior to 6/30/2018
Budget: $35,000
Current Project Status and Timeline:
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CIP #141
Rancho Rd. & Rialto Ave. Traffic Signal Upgrade
Project Category:Traffic Controls Ward: 3
Project Description:
Estimated Total Project Cost:$20,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design
Estimated Project Completion:
Budget Status:Within Budget
12/2023
This signal equipment is at its end of useful life and is experiencing failures. This upgrade
will include the poles and cameras. (Selected based on KOA assessment)
Project Approval Date: Prior to 6/30/2018
Budget: $25,000
Current Project Status and Timeline:
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CIP #142
Waterman / 21st Traffic Upgrade
Project Category:Traffic Controls Ward: 2
Project Description:
Estimated Total Project Cost:$20,000
FY22/23 FY23/24 FY24/25 FY25/26 FY26/27
Design
Estimated Project Completion:
Budget Status:Within Budget
12/2023
This signal equipment is at its end of useful life and is experiencing failures. This upgrade
will include the poles and cameras.
Project Approval Date: Prior to 6/30/2018
Budget: $25,000
Current Project Status and Timeline:
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Closed -Out Projects
Project
Category
Project Title Project
Category
Project Title
Building Emergency BU Generator for
Compressed Natural Gas Station
Streets Street Rehabilitation- 7 Locations
Program #8886 Part 1
Building 5th Street Senior Center Kitchen -
Phase 2
Streets Street Rehabilitation- Congress Street
from Mt. Vernon Avenue to K Street
Building Paul Villasenor Library
Improvements
Streets Street Rehabilitation- Virginia Street
from E Street to F Street and From G
Street to H Street
Building Anne Shirrells Park & Community
Center
Streets Street Rehabilitation- Hillside and
Fairfax
Parks Playground Equipment
Replacement
Streets Street Rehabilitation- Niles from San
Gabriel to Crestview
Parks Jerry Lewis Swim Center
Improvements
Streets Street Rehabilitation- Trenton from
Crestview to Valencia, Valencia from
Trenton to Niles Paving
Parks Blair Park: Fitness Court, Dodgers
Dream Field, 3 fields
Streets Street Rehabilitation- Cedar Street from
Highland to 29th Street
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Closed -Out Projects
Project
Category
Project Title Project
Category
Project Title Project
Category
Project Title
Streets
Street Rehabilitation- Arden Street
(by soccer field)
Streets Barton Road Rehabilitation Project Traffic
Controls
Highland/SB Bi -City Bikeway/Walk
Streets
Street Rehabilitation- Country Club
Lane from Waterman to Fremotia
Drive
Streets Kendall Dr. Slope Stabilization H St Traffic
Controls
Waterman Ave Interconnect
Streets
Street Rehabilitation- Arden Street
from Highland Avenue to Highland
Creek
Streets 2nd Street Bridge Replacement Traffic
Controls
Tippecanoe Ave Interconnect
Streets
Street Rehabilitation- 7 Locations Traffic
Controls
Mill and K Street Traffic Signal Upgrade Traffic
Controls
9th Street Interconnect
Streets
State HWY I-10 CO-OP at Waterman
Interchange Improvement
Traffic
Controls
Mill Street and Arrowhead Traffic Signal
Upgrade
Traffic
Controls
6th Street Interconnect
Streets
ATP Cycle 2 Safe Route to School Traffic
Controls
Traffic Signal Battery Backup Systems
(Annual)
Traffic
Controls
Local Roadway Safety Plan
Streets
City of Redlands Co -Op Project Traffic
Controls
Highland Ave Interconnect
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Not-Activated Projects
Project
Category
Project Title Project
Category
Project Title
Building Delmann Heights Community
Center Upgrade
Parks Ruben Campos Community
Center
Building Police Building Management
System
Parks Ball Field Accessory Building
Upgrade
Building Feldheym Library
Improvement
Parks Hernandez Community
Center: Security Fencing
Building Inland Empire 66ers / San
Manuel Stadium
Parks Citywide Irrigation System
Upgrade
Building Train Depot Parks Park Restrooms Program
Building City Hall Rehabilitation
Project
Parks Perris Hills Senior Center
Renovation
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Not-Activated Projects
Project
Category
Project Title Project
Category
Project Title Project
Category
Project Title
Parks Norton Gym: Facility Upgrades;
Public Service Academy:
Storm Drain Storm Drain Upgrade Street Arrowhead Farm Area Steet
Rehab
Parks Norton Park Storm Drain Conejo & 39th Storm Drain Street Street Rehabilitation :
Parks Jerry Lewis Swim Center Storm Drain Sierra Way Storm Drain Others Waterman Landfill Vapor
Extraction
Parks Anne Shirrells Park Storm Drain Drainage Channel
improvement at Cajon Blvd
& Shenandoah Way
Others MWSC Soil Extraction
Parks Ball Field Lighting Assessment Street H St. Widening from Kendall
Dr. to 40th St.
Others Water Infrastructure
Improvement
Storm Drain Waterman / Baseline Culvert Street Alabama Street Rehab Project
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Capital Projects with Budget Shortfalls
80
Project Title Budget Total Project Cost Budget Shortfall Funding Source
Cross Street Bridge $0.00 $1,000,000
(estimated)$1,000,000 Capital Contingency
Reserve Fund
University Parkway &
I-215 Improvements*$2,040,000 $3,000,000 $960,000 Measure I
* Staff intends to return to the City Council on 7/19/23 to amendment to Co-Op Agreement
with SBCTA.
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Capital Projects with Budget Shortfalls
81
Project Title Budget Total Project
Cost
Budget
Shortfall
Budget
Surplus
Funding
Source
Genevieve Circuit
Lighting $381,825 $1,422,083 $1,040,258 Measure S
Ralston Circuit Lighting $382,167 $1,625,461 $1,243,294 Measure S
Congress Street from
Mt. Vernon Avenue to K
Street; 14 locations
$325,000 Measure S
Arden Street (by soccer
field)$325,000 Measure S
Citywide Pavement
Rehabilitation $1,350,000 Measure S
Street Sweeping
Signage Program $2,000,000 Measure S
Total $2,283,552 $4,000,000 Measure S
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City Council approved 130 CIP Projects in the amount of $169.6M
Plus 14 non-funded projects
CIP Management Progression
82
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Comparison with Other Cities
83
5
3
14
2
47
2 2
10 10 10
7
0
5
10
15
20
25
30
35
40
45
50
Huntington
Beach
Oxnard Fontana Moreno
Valley
San
Bernardino
Fremont Chula Vista Santa
Clarita
Irvine Santa Ana Average
(excluding
SB)
Projects per Project Manager
Nearly
7x the
average
Industry standard is 7 to 10 projects per project manager.
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Recommendations
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Receive and file an update regarding the City of San Bernardino’s Capital Improvement Program; and
2.Resolution No. 2023 -XXX authorizing the Agency Director of Finance to amend the FY 2023/24 Capital
Improvement Plan, recording supplemental appropriations in the amount of $1,000,000 from the Capital
Contingency Reserve Fund for the Cross Street Bridge Project; and $1,040,258 from Measure S for the
Genevieve Circuit Lighting Project; and $1,243,294 from Measure S for the Ralston Circuit Lighting
Project.
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Questions?
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:June 26, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department:Public Works
Subject:Resolution Adopting List of Projects under SB1
2023/2024 Road Maintenance Program; Approving
Cooperative Funding Agreement with County of San
Bernardino for Mountain Drive and Fourth Avenue
Project; Approving the Cooperative Funding
Agreement with County of San Bernardino for 5th
Street at Pedley Road Project; and Authorizing the
Agency Director of Finance to Amend the FY 2023/24
Capital Improvement Plan, Recording Supplemental
Appropriations (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt:
1. Resolution No. 2023-091 approving the Road Maintenance and Rehabilitation
proposed project list for submittal to the California Transportation Commission and
adopting a list of projects for Fiscal Year 2023/24 to be funded by Senate Bill 1:
Road Repair and Accountability Act of 2017; and
2. Resolution No. 2023-092 approving the Cooperative Funding Agreement with
County of San Bernardino for Mountain Drive and Fourth Avenue Project and
authorize the City Manager or designee to execute the Cooperative Funding
Agreement for Mountain Drive and Fourth Avenue Project; and authorize the
Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan,
recording a supplemental appropriation in the amount of $624,319.49 in SB1 Fund
and $131,930.51 in Gas Tax Fund, for a total project of $756,250.00 for Mountain
Drive and Fourth Avenue Project; and
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3. Resolution No. 2023-093 approving the Cooperative Funding Agreement with
County of San Bernardino for 5th Street at Pedley Road Project and authorize the
City Manager or designee to execute the Cooperative Funding Agreement for 5th
Street at Pedley Road Project and authorize the Agency Director of Finance to
amend the FY 2023/24 Capital Improvement Plan, recording a supplemental
appropriation in the amount of $293,481.76 in SB1 Fund and $62,018.24 in Gas
Tax Fund, for a total project of $355,500.00 for 5th Street at Pedley Road Project;
and
4. Resolution No. 2023-094 authorizing the Agency Director of Finance to amend the
FY 2023/24 Capital Improvement Plan, recording supplemental appropriations:
a. In the amount of $2,472,924.36 in SB1 Fund and $522,575.64 in Gas Tax
Fund, for a total additional appropriation of $2,995,500.00 for Arden Avenue
and Other Roads; Blake Street and Other Roads; Citrus Street and Other
Roads; Lynwood Drive and Other Roads; Third Street and Other Roads;
North San Bernardino Area Curb Ramps Projects, which were approved on
Resolution No 2021-236; and
b. In the amount of $188,843.75 in SB1 Fund and $39,906.25 in Gas Tax
Fund, for a total additional appropriation of $228,750.00 for 40th Street and
Other Roads Project, which was approved on Resolution No 2020-227 and
2023-023.
c. In the amount of $1,944,044.64 in SB1 Fund and $410,813.36 in Gas Tax
Fund, for a total additional appropriation of $2,354,858.00 for Street
Rehabilitation – 21 locations (Project No. 13511) Project.
Background
Senate Bill (SB) 1
On April 28, 2017, the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statute
2017), which is known as the Road Repair and Accountability Act of 2017 to address
basic road maintenance, rehabilitation, and critical safety needs on both the state
highway and local streets and road system. SB1 increases per gallon fuel excise
taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides
for inflationary adjustments to tax rates in future years.
On November 1, 2017, the State Controller deposited various portions of new
funding into the newly created Road Maintenance and Rehabilitation Account
(RMRA). A percentage of the new RMRA funding was apportioned by formula to
eligible cities and counties pursuant to Streets and Highways Code (SHC) Section
2032 (h) for basic road maintenance, rehabilitation, and critical safety projects on
the local streets and road systems.
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•Annually, on July 1st, the City of San Bernardino, along with all other eligible
California agencies, submits a work plan to the California Transportation
Commission (CTC) committing the following fiscal years RMRA funding to a
specific pavement preservation project in the coming year or in a future year if
the City so desires. The submission of the work plan maintains the City's
eligibility to garner RMRA funding during the forthcoming fiscal year. Without
this commitment of RMRA funds the City loses its eligibility to collect RMRA
funding through the State Controller's Office (SCO).
County of San Bernardino Cooperative Agreements
California Streets and Highways Code sections 1685 and 1803 authorize Cities to
contract with Counties for the maintenance, construction or repair of City streets and
roads, if the legislative body of City (City Council) determines that it is necessary for
the more efficient maintenance, construction, or repair of its streets and roads.
Conducting cooperative projects on streets of shared jurisdiction is more efficient
and cost effective as compared to separate projects issued by each jurisdiction. The
inconvenience to the traveling public and adjacent businesses/residents is
substantially reduced by cooperative projects.
On September 16, 2020, the City Council approved the Cooperative Funding
Agreement with County of San Bernardino, Agreement No: 20-946, which included
the following projects:
•40th Street and Other Roads Project
On September 15, 2021, the City Council approved the Cooperative Funding
Agreement with County of San Bernardino, Agreement No: 21-782, which included
the following projects:
•Arden Avenue and Other Roads Project
•Blake Street and Other Roads Project
•Citrus Street and Other Roads Project
•Lynwood Drive and Other Roads Project
•Third Street and Other Roads Project
•North San Bernardino Area Curb Ramps Project
On February 1, 2023, the City Council amended the Cooperative Funding
Agreement with County of San Bernardino, Agreement No: 20-946, to appropriate
additional funds for the proposed improvements.
Discussion
The City anticipates receiving an estimated $5,523,614 in SB1 funds in FY 2023/24,
which will be used to support the repair, rehabilitation, and improvement of the City
street segments identified on the SB1 FY 2023/24 project list. In order to remain
eligible to receive such funds through RMRA program, the City, through its general
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funds, is required to allocate $1,167,244 on an annual basis.
Every year on July 1st, the City is required to adopt a resolution identifying projects
using RMRA allocation and submit this list of adopted projects to the State to meet
the eligibility requirement to receive RMRA funds. If this is not done by July 1, the
City loses its eligibility to collect RMRA funding.
The City’s required local Maintenance of Effort (MOE) amount to be applied to the
project under SB1 is estimated to be $1,167,244, as shown on the table below:
Staff recommends adding the following list of projects to the SB1/RMRA funded
projects list so that they can be funded in-part or solely with Fiscal Year 2023-24
Road Maintenance and Rehabilitation Account revenues. These projects involve
asphalt roadway maintenance and rehabilitation (mill and overlay, slurry seal),
concrete improvements, striping and related work. Majority of these projects are
funded through County of San Bernardino Cooperative Agreements.
Projects under County of San Bernardino Cooperative Agreements, which were
previously approved by the City Council and proposed to be listed under SB1/RMRA
funding:
The projects listed below were previously approved by the City Council and are under
existing Cooperative Agreements with the County of San Bernardino. Staff
recommends adding these projects to the SB1/RMRA funded project list in order to
receive SB1/RMRA funds:
•Arden Avenue and Other Roads
o Arden Ave, Del Rosa Ave, 6th St, Waterman Ave, Lynwood Dr, Harrison St,
Elmwood Rd, 4th St.
•Blake Street and Other Roads
o Blake St, June Pl, Porter St, Adams St, June St, California St.
•Citrus Street and Other Roads
o Citrus Ave, Arden Ave, Barton St, Conejo Dr, Del Rosa Ave, Dwight Way,
Glasgow Ave, Monterey Ave, Pedley Rd, Perris Hill Rd, Sterling Ave,
Tippecanoe Ave, Yates St.
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•Lynwood Drive and Other Roads
o Lynwood Dr, Del Norte Dr, Del Rosa Ave, E St, Echo Dr, Edgemont Dr,
Eureka St, Foothill Dr, 40th St, 48th St, 4th Ave, Hill Dr, Ironwood St, Magnolia
Dr, Marshall Blvd, Modesto Dr, Mountain Ave, 35th St, 39th St.
•Third Street and Other Roads
o Third St, Baseline, 5th St, Highland Ave, Monterey Ave and Pacific St.
•North San Bernardino Area Curb Ramps
o Baseline St, Del Rosa Dr, Glasgow Ave, 19th St, Osburn Rd, Pacific St and
Pumalo St.
•40th Street and Other Roads
o Cypress Dr, 40th St, 41st St, 48th St, Mountain Dr, 3rd Ave.
Cooperative Funding Agreement, Agreement No: 21-782, which was approved at the
September 15, 2021, Mayor and City Council Meeting, included Arden Ave, Blake St,
Citrus St, Lynwood Dr, Third St, and North San Bernardino Area Curb Ramps projects.
This agreement appropriated a total of $3,637,000 in Measure I Fund. Due to an
increase in construction costs, and based on the finalized design, the estimated City
cost share for the above projects, including a 25% contingency, is estimated to be
$6,632,500. In addition to the available $3,637,000 from Measure I, an additional
supplemental appropriation in the amount of $2,472,924.36 in SB1 Funds and
$522,575.64 in Gas Tax (Maintenance of Effort) is requested to fully fund these
projects.
Cooperative Funding Agreement, Agreement No: 20-946, which was approved at the
September 16, 2020, Mayor and City Council Meeting, and amended (through
Amendment 1) on February 1, 2023, included 40th Street Project. This agreement
appropriated $490,000 in Measure I Fund and $425,000 in Measure S Fund for a
combined total budget of $915,000. Due to an increase in construction costs, and
based on the finalized design, the estimated City cost share for the above project,
including a 25% contingency, is estimated to be $1,143,750. In addition to the available
$915,000, an additional supplemental appropriation in the amount of $188,843.75 in
SB1 Funds and $39,906.25 in Gas Tax (Maintenance of Effort) is requested to fully
fund the project.
New Projects under County of San Bernardino Cooperative Agreements, which are
proposed for the City Council Approval to be listed under SB1/RMRA funding:
The below listed projects are newly proposed projects, which will be provided through
new Cooperative Agreements with the County of San Bernardino. Staff recommends
including these projects on the SB1/RMRA funded project list in order to receive
SB1/RMRA funds:
•Mountain Drive and 4th Avenue
o 4th Ave and Mountain Drive.
•5th Street and Pedley Rd
o 5th St and Pedley Rd.
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Staff negotiated two Cooperative Funding Agreements (“Agreement”) for the above
listed projects with the County delineating the roles, responsibilities, and
contributions of both the County and the City regarding the Projects. Under the
terms of the Agreements, the County will be the lead agency and will invoice the
City upon completion of each Project.
The Mountain Drive and 4th Avenue Project involves culvert construction and
roadway reconstruction on 4th Ave and Mountain Drive. The project design is 65%
completed and the construction is anticipated to start in Fall 2024. The total cost for
the project is $1.1m, and the City’s cost share including a 25% contingency is
$756,250. Mountain Drive and Fourth Avenue Project will require a supplemental
appropriation in the amount of $624,319.49 in SB1 Funds and $131,930.51 in Gas
Tax (Maintenance of Effort) for a total project of $756,250.00 to fully fund the project.
The 5th Street at Pedley Road Project involves traffic control devices (HAWK
system) installation, ADA ramps upgrade/construction, intersection widening on 5th
St and Pedley Rd. The project design is 95% completed and the construction is
anticipated to start in Fall 2023. The total cost for the project is $0.8m, and the City’s
cost share including a 25% contingency is $355,500. 5th Street at Pedley Road
Project will require a supplemental appropriation in the amount of $293,481.76 in
SB1 Funds and $62,018.24 in Gas Tax (Maintenance of Effort) for a total project of
$355,500.00 to fully fund the project.
Project on City’s current CIP Program, which is proposed to be listed under SB1/RMRA
funding:
The project outlined below is listed on the City’s current CIP program. Staff
recommends adding this project on SB1/RMRA funded project list to receive
SB1/RMRA funds.
•Street Rehabilitation – 21 locations (Project No: 13511)
o 2nd St, 13th St, Vanderbilt Way, 43rd Ave, Ohio St, Dallas Ave, 33rd St,
Alameda Ave, H St, Oak St, Sonora St, 36th St, 6th St, Guthrie St, Oak St,
16th St, Business Center Dr, 35th St, Garfield St, Tamarisk Ave, 18th St.
This project is currently funded through Measure S funds in the amount of
$6,080,690.01. Staff recommends to appropriate additional funds in the amount of
$2,354,858, for a revised total budget of $8,435,548.01. Of the $2,354,858 in
additional funds, $1,944,044.64 would come from SB1 funds and $410,813.36 from
Gas Tax funds (Maintenance of Effort).
Below is a list of all projects listed under SB1 Road Maintenance Program:
County of San Bernardino Cooperative Funding Agreement Projects to be listed
under SB1 Road Maintenance Program:
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Project Name Previously
Adopted Funds
City Cost Share
(incl. 25%
contingency)
through SB1
funds
City Cost Share
(incl. 25%
contingency)
through Gas Tax
funds
Total City
Cost Share
Arden Avenue and Other Roads
Blake Street and Other Roads
Citrus Street and Other Roads
Lynwood Drive and Other Roads
Third Street and Other Roads
N San Bernardino Area Curb Ramps
$3,637,000.00
(Measure I)
$2,472,924.36 $522,575.64 $6,632,500
40th Street and Other Roads $915,000.00
($490,000 in
Measure I and
$425,000 in
Measure S)
$188,843.75 $39,906.25 $1,143,750
Mountain Drive and Fourth Avenue $0 $624,319.49 $131,930.51 $756,250.00
5th Street at Pedley Road $0 $293,481.76 $62,018.24 $355,500.00
TOTAL $4,552,000 $3,579,569.36 $756,430.64 $8,888,000.00
Other Projects in City’s FY 22/23 CIP Program to be listed under SB1 Road
Maintenance Program:
Project Name Previously
Adopted Funds
Additional Funds thru
SB1 funds
Additional Funds
thru Gas Tax
funds
Total Funds
Street Rehabilitation – 21 locations
(Project No: 13511)
$6,080,690.01
(Measure S)
$1,944,044.64 $410,813.36 $8,435,548.01
All 10 projects listed above are in different stages of design, and are anticipated to
start construction in FY 2023/24, and finish construction in FY 2024/25.
Staff recommends approval of the attached Resolutions listing proposed projects to
be funded under SB1 2023/2024 Road Maintenance Program.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d. Create a framework for spending
decisions and 1f. Create an asset management plan. Approval of the proposed
project list will allow staff to move forward in addressing deferred street maintenance
needs identified in the pavement management plan, and secure project funding
resources available through SB1/RMRA.
Fiscal Impact
There is no General Fund impact associated with this item. The required funding to
meet the MOE requirement is $1,550,543.24, funded by the Gas Tax Funds.
Conclusion
It is recommended that that the Mayor and City Council of the City of San
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Bernardino, California, adopt:
1. Resolution No. 2023-091 approving the Road Maintenance and Rehabilitation
proposed project list for submittal to the California Transportation Commission and
adopting a list of projects for Fiscal Year 2023/24 to be funded by Senate Bill 1:
Road Repair and Accountability Act of 2017; and
2. Resolution No. 2023-092 approving the Cooperative Funding Agreement with
County of San Bernardino for Mountain Drive and Fourth Avenue Project and
authorize the City Manager or designee to execute the Cooperative Funding
Agreement for Mountain Drive and Fourth Avenue Project; and authorize the
Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan,
recording a supplemental appropriation in the amount of $624,319.49 in SB1 Fund
and $131,930.51 in Gas Tax Fund, for a total project of $756,250.00 for Mountain
Drive and Fourth Avenue Project; and
3. Resolution No. 2023-093 approving the Cooperative Funding Agreement with
County of San Bernardino for 5th Street at Pedley Road Project and authorize the
City Manager or designee to execute the Cooperative Funding Agreement for 5th
Street at Pedley Road Project and authorize the Agency Director of Finance to
amend the FY 2023/24 Capital Improvement Plan, recording a supplemental
appropriation in the amount of $293,481.76 in SB1 Fund and $62,018.24 in Gas
Tax Fund, for a total project of $355,500.00 for 5th Street at Pedley Road Project;
and
4. Resolution No. 2023-094 authorizing the Agency Director of Finance to amend the
FY 2023/24 Capital Improvement Plan, recording supplemental appropriations:
a. In the amount of $2,472,924.36 in SB1 Fund and $522,575.64 in Gas Tax
Fund, for a total additional appropriation of $2,995,500.00 for Arden Avenue
and Other Roads; Blake Street and Other Roads; Citrus Street and Other
Roads; Lynwood Drive and Other Roads; Third Street and Other Roads;
North San Bernardino Area Curb Ramps Projects, which were approved on
Resolution No 2021-236; and
b. In the amount of $188,843.75 in SB1 Fund and $39,906.25 in Gas Tax
Fund, for a total additional appropriation of $228,750.00 for 40th Street and
Other Roads Project, which was approved on Resolution No 2020-227 and
2023-023.
c. In the amount of $1,944,044.64 in SB1 Fund and $410,813.36 in Gas Tax
Fund, for a total additional appropriation of $2,354,858.00 for Street
Rehabilitation – 21 locations (Project No: 13511) Project.
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Attachments
Attachment 1 Resolution No. 2023-091
Attachment 2 Resolution No. 2023-092
Attachment 3 Resolution No. 2023-093
Attachment 4 Resolution No. 2023-094
Attachment 5 Cooperative Funding Agreement for Mountain Drive and Fourth
Avenue Project
Attachment 6 Cooperative Funding Agreement for 5th Street at Pedley Road
Project
Ward:
All Wards
Synopsis of Previous Council Actions:
February 1, 2023 Amendment No. 1 to Co-Operative Funding Agreement
(Agreement No: 20-946) with County of San Bernardino for
Arrowhead Farm Area Street Rehabilitation
September 15, 2021 Co-Operative Funding Agreement (Agreement No: 21-782)
with County of San Bernardino
September 16, 2020 Co-Operative Funding Agreement (Agreement No: 20-946)
with County of San Bernardino for Arrowhead Farm Area
Street Rehabilitation
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Resolution No. 2023-091
Resolution 2023-091
June 26, 2023
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RESOLUTION NO. 2023-091
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ROAD MAINTENANCE AND
REHABILITATION PROPOSED PROJECT LIST FOR
SUBMITTAL TO THE CALIFORNIA TRANSPORTATION
COMMISSION; AND ADOPTING A LIST OF PROJECTS
FOR FISCAL YEAR 2023/24 TO BE FUNDED BY SENATE
BILL 1: ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor
in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the
residents of our City are aware of the projects proposed for funding in our community and which
projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal
year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1,
which must include a description and the location of each proposed project, a proposed schedule
for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $5,523,614 in RMRA funding in Fiscal
Year 2023-24 from SB 1; and
WHEREAS, SB 1 funding will enable the City to continue essential road maintenance and
rehabilitation projects, safety improvements, and increasing access and mobility options for the
traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into
our community’s transportation priorities/the project list; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project
list to ensure revenues are being used on the most high-priority and cost-effective projects that also
meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate the
following streets listed below throughout the City this year; and
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WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment
found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us
increase the overall quality of our road system and over the next decade will bring our streets and
roads into a better condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting-edge technology, materials and practices, will have significant
positive co-benefits statewide.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The following list of newly proposed projects will be funded in-part or solely
with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:
Project Title: Arden Avenue and Other Roads (San Bernardino County Joint Street
Rehabilitation Projects)
Project Description: Asphalt pavement reconstruction, asphalt coldmill and overlay,
ADA Curb Ramp Updates.
Project Location: Arden Ave, Del Rosa Ave, 6th St, Waterman Ave, Lynwood Dr,
Harrison St, Elmwood Rd, 4th St
Estimated Project Schedule: Start (04/2024)– Completion (07/2024)
Estimated Project Useful Life: 12-15 years
Project Title: Blake Street and Other Roads (San Bernardino County Joint Street
Rehabilitation Projects)
Project Description: Asphalt slurry seal, asphalt coldmill and overlay, curb ramp
replacement and striping improvements.
Project Location: Blake St, June Pl, Porter St, Adams St, June St, California St
Estimated Project Schedule: Start (04/2024)– Completion (07/2024)
Estimated Project Useful Life: 7-15 years
Project Title: Citrus Street and Other Roads (San Bernardino County Joint Street
Rehabilitation Projects)
Project Description: Asphalt slurry seal, asphalt coldmill and overlay and striping
improvements.
Project Location: Citrus Ave, Arden Ave, Barton St, Conejo Dr, Del Rosa Ave, Dwight
Way, Glasgow Ave, Monterey Ave, Pedley Rd, Perris Hill Rd, Sterling Ave, Tippecanoe
Ave, Yates St
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Estimated Project Schedule: Start (04/2024)– Completion (07/2024)
Estimated Project Useful Life: 7-15 years
Project Title: Lynwood Drive and Other Roads (San Bernardino County Joint Street
Rehabilitation Projects)
Project Description: Asphalt slurry seal and striping improvements.
Project Location: Lynwood Dr, Del Norte Dr, Del Rosa Ave, E St, Echo Dr, Edgemont
Dr, Eureka St, Foothill Dr, 40th St, 48th St, 4th Ave, Hill Dr, Ironwood St, Magnolia Dr,
Marshall Blvd, Modesto Dr, Mountain Ave, 35th St, 39th St
Estimated Project Schedule: Start (07/2023)– Completion (10/2023)
Estimated Project Useful Life: 7-10 years
Project Title: Third Street and Other Roads (San Bernardino County Joint Street
Rehabilitation Projects)
Project Description: Asphalt coldmill and overlay, curb ramp replacement and striping
improvements.
Project Location: Third St, Baseline, 5th St, Highland Ave, Monterey Ave and Pacific
St
Estimated Project Schedule: Start (04/2024)– Completion (07/2024)
Estimated Project Useful Life: 12-15 years
Project Title: North San Bernardino Area Curb Ramps (SB County Joint Street
Rehabilitation Projects)
Project Description: Curb ramp replacement.
Project Location: Baseline St, Del Rosa Dr, Glasgow Ave, 19th St, Osburn Rd, Pacific
St and Pumalo St
Estimated Project Schedule: Start (07/2024)– Completion (10/2024)
Estimated Project Useful Life: 20 years
Project Title: 40th Street and Other Roads (San Bernardino County Joint Street
Rehabilitation Projects)
Project Description: Asphalt coldmill and overlay and striping improvements.
Project Location: Cypress Dr, 40th St, 41st St, 48th St, Mountain Dr, 3rd Ave
Estimated Project Schedule: Start (07/2023)– Completion (10/2023)
Estimated Project Useful Life: 12-15 years
Project Title: 4th Avenue and Mountain Avenue (San Bernardino County Joint Street
Rehabilitation Projects)
Project Description: Culvert construction and roadway reconstruction.
Project Location: 4th Ave and Mountain Drive
Estimated Project Schedule: Start (07/2024)– Completion (10/2024)
Estimated Project Useful Life: 12-15 years
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Project Title: 5th Street and Pedley Rd (San Bernardino County Joint Street
Rehabilitation Projects)
Project Description: Traffic control device (Hawk system) installation, ADA ramps
upgrade/construction, intersection widening.
Project Location: 5th St and Pedley Rd
Estimated Project Schedule: Start (07/2023)– Completion (10/2023)
Estimated Project Useful Life: 12-15 years
Project Title: Street Rehabilitation – 21 locations (Project No: 13511)
Project Description: Asphalt coldmill and overlay, and striping improvements.
Project Location: 2nd St, 13th St, Vanderbilt Way, 43rd Ave, Ohio St, Dallas Ave, 33rd
St, Alameda Ave, H St, Oak St, Sonora St, 36th St, 6th St, Guthrie St, Oak St, 16th St,
Business Center Dr, 35th St, Garfield St, Tamarisk Ave, 18th St
Estimated Project Schedule: Start (10/2023)– Completion (6/2024)
Estimated Project Useful Life: 12-15 years
SECTION 3. The following previously proposed and adopted projects may also utilize
Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery.
With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to
the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation
Account revenues:
There are no projects listed.
SECTION 4. As the decision-making body for the project, the City Council has reviewed
and considered the information contained in the administrative record for the proposed project.
Based upon the facts and information contained in the administrative record, including all written
and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA
Guidelines because it involves the street rehabilitation. Additionally, the City Council finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity
is covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty, as in this case,
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the
exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation
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does not present any unusual circumstances; would not damage scenic resources, including any
resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and
would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the
City Council.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 26th day of June 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-091
Resolution 2023-091
June 26, 2023
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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. 2023-091, adopted at a regular meeting held on the 26th day of June 2023 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 27th day of June 2023.
Genoveva Rocha, CMC, City Clerk
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Resolution No. 2023-092
Resolution 2023-092
June 26, 2023
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RESOLUTION NO.2023-092
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE COOPERATIVE FUNDING
AGREEMENT WITH COUNTY OF SAN BERNARDINO
FOR MOUNTAIN DRIVE AND FOURTH AVENUE
PROJECT AND AUTHORIZE THE CITY MANAGER OR
DESIGNEE TO EXECUTE THE COOPERATIVE FUNDING
AGREEMENT FOR MOUNTAIN DRIVE AND FOURTH
AVENUE PROJECT; AND AUTHORIZE THE AGENCY
DIRECTOR OF FINANCE TO AMEND THE FY 2023/24
CAPITAL IMPROVEMENT PLAN
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize
Cities to contract with Counties for the maintenance, construction or repair of City streets and
roads, if the legislative body of City (City Council) determines that it is necessary for the more
efficient maintenance, construction, or repair of its streets and roads; and
WHEREAS, The County of San Bernardino (“County”) and the City of San Bernardino
(“City”) share jurisdiction on many streets throughout the City's borders. As a result, road
resurfacing and maintenance is divided into these two jurisdictions. County’s staff contacted the
City in order to determine the City’s willingness to fund the San Bernardino portion of the Street
Rehabilitation on Various Shared Streets (“Project”) and partner to have the (street rehabilitation
done in the most effective way; and
WHEREAS, conducting cooperative projects on streets of shared jurisdiction is more
efficient and cost effective as compared to separate projects issued by each jurisdiction. The
inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by
cooperative projects; and
WHEREAS, Staff negotiated a Cooperative Funding Agreement (“Agreement”) with the
County delineating the roles, responsibilities, and contributions of both County and the City with
regard to the Project. Through the Agreement, County will be the lead agency and will invoice
City of the completion of work.
WHEREAS, the City will contribute $756,250 including 25% contingency for the project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
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June 26, 2023
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SECTION 2. Mayor and City Council hereby determines that it is necessary for the more
efficient maintenance, construction, or repair of its streets and roads to contract with County of
San Bernardino for the Mountain Drive and Fourth Avenue Project.
SECTION 3. Mayor and City Council hereby approve the Cooperative Funding
Agreement with County of San Bernardino for Mountain Drive and Fourth Avenue Project and
authorize the City Manager or designee to execute the Cooperative Funding Agreement for
Mountain Drive and Fourth Avenue Project.
SECTION 4. Mayor and City Council hereby authorize the Agency Director of Finance
to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in
the amount of $ $624,319.49 in SB1 Fund and $131,930.51 in Gas Tax Fund, for a total project of
$756,250.00 for Mountain Drive and Fourth Avenue Project.
SECTION 5. As the decision-making body for the project, the City Council has reviewed
and considered the information contained in the administrative record for the proposed project.
Based upon the facts and information contained in the administrative record, including all written
and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA
Guidelines because it involves the street rehabilitation. Additionally, the City Council finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity
is covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty, as in this case,
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the
exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation
does not present any unusual circumstances; would not damage scenic resources, including any
resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and
would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the
City Council.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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June 26, 2023
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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 26th day of June 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg. 118
Resolution No. 2023-092
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June 26, 2023
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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. 2023-092, adopted at a regular meeting held on the 26th day of June 2023 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 27th day of June 2023.
Genoveva Rocha, CMC, City Clerk
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Resolution No. 2023-093
Resolution 2023-093
June 26, 2023
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RESOLUTION NO. 2023-093
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE COOPERATIVE FUNDING
AGREEMENT WITH COUNTY OF SAN BERNARDINO
FOR 5TH STREET AT PEDLEY ROAD PROJECT AND
AUTHORIZE THE CITY MANAGER OR DESIGNEE TO
EXECUTE THE COOPERATIVE FUNDING AGREEMENT
FOR 5TH STREET AT PEDLEY ROAD PROJECT; AND
AUTHORIZE THE AGENCY DIRECTOR OF FINANCE TO
AMEND THE FY 2023/24 CAPITAL IMPROVEMENT PLAN
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize
Cities to contract with Counties for the maintenance, construction or repair of City streets and
roads, if the legislative body of City (City Council) determines that it is necessary for the more
efficient maintenance, construction, or repair of its streets and roads; and
WHEREAS, The County of San Bernardino (“County”) and the City of San Bernardino
(“City”) share jurisdiction on many streets throughout the City's borders. As a result, road
resurfacing and maintenance is divided into these two jurisdictions. County’s staff contacted the
City in order to determine the City’s willingness to fund the San Bernardino portion of the Street
Rehabilitation on Various Shared Streets (“Project”) and partner to have the (street rehabilitation
done in the most effective way; and
WHEREAS, conducting cooperative projects on streets of shared jurisdiction is more
efficient and cost effective as compared to separate projects issued by each jurisdiction. The
inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by
cooperative projects; and
WHEREAS, Staff negotiated a Cooperative Funding Agreement (“Agreement”) with the
County delineating the roles, responsibilities, and contributions of both County and the City with
regard to the Project. Through the Agreement, County will be the lead agency and will invoice
City of the completion of work.
WHEREAS, the City will contribute $355,500 including 25% contingency for the project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
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SECTION 2. Mayor and City Council hereby determines that it is necessary for the more
efficient maintenance, construction, or repair of its streets and roads to contract with County of
San Bernardino for the 5th Street at Pedley Road Project.
SECTION 3. Mayor and City Council hereby approve the Cooperative Funding
Agreement with County of San Bernardino for the 5th Street at Pedley Road Project and authorize
the City Manager or designee to execute the Cooperative Funding Agreement for the 5th Street at
Pedley Road Project.
SECTION 4. Mayor and City Council hereby authorize the Agency Director of Finance
to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in
the amount of $293,481.76 in SB1 Fund and $62,018.24 in Gas Tax Fund, for a total project of
$355,500.00 for 5th Street at Pedley Road Project.
SECTION 5. As the decision-making body for the project, the City Council has reviewed
and considered the information contained in the administrative record for the proposed project.
Based upon the facts and information contained in the administrative record, including all written
and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA
Guidelines because it involves the street rehabilitation. Additionally, the City Council finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity
is covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty, as in this case,
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the
exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation
does not present any unusual circumstances; would not damage scenic resources, including any
resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and
would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the
City Council.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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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 26th day of June 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2023-093
Resolution 2023-093
June 26, 2023
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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. 2023-093, adopted at a regular meeting held on the 26th day of June 2023 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 27th day of June 2023.
Genoveva Rocha, CMC, City Clerk
Packet Pg. 123
Resolution No. 2023-094
Resolution 2023-094
June 26, 2023
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RESOLUTION NO.2023-094
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE AGENCY DIRECTOR OF FINANCE
TO AMEND THE FY 2023/24 CAPITAL IMPROVEMENT
PLAN RECORDING SUPPLEMENTAL APPROPRIATIONS
FOR VARIOUS PROJECTS
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize
Cities to contract with Counties for the maintenance, construction or repair of City streets and
roads, if the legislative body of City (City Council) determines that it is necessary for the more
efficient maintenance, construction, or repair of its streets and roads; and
WHEREAS, The County of San Bernardino (“County”) and the City of San Bernardino
(“City”) share jurisdiction on many streets throughout the City's borders. As a result, road
resurfacing and maintenance is divided into these two jurisdictions. County’s staff contacted the
City in order to determine the City’s willingness to fund the San Bernardino portion of the Street
Rehabilitation on Various Shared Streets (“Project”) and partner to have the (street rehabilitation
done in the most effective way; and
WHEREAS, conducting cooperative projects on streets of shared jurisdiction is more
efficient and cost effective as compared to separate projects issued by each jurisdiction. The
inconvenience to the traveling public and adjacent businesses/residents is substantially reduced by
cooperative projects; and
WHEREAS, on September 16, 2020, the City Council approved the Cooperative Funding
Agreement with County of San Bernardino for 40th Street and Other Roads Project, in which the
County will be the lead agency and will invoice the City of the completion of work; and
WHEREAS, on September 16, 2020, the City Council amended the FY 2020/21 Capital
Improvement Program to include the Project and establish Project budgets in the amount of
$490,000 in Measure I Fund 129 for 40th Street and Other Roads Project.; and
WHEREAS, on September 15, 2021, the City Council approved the Cooperative Funding
Agreement with County of San Bernardino for Arden Avenue and Other Roads; Blake Street and
Other Roads; Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and
Other Roads; North San Bernardino Area Curb Ramps Projects, in which the County will be the
lead agency and will invoice the City of the completion of work; and
WHEREAS, on September 15, 2021, the City Council amended the FY 2020/21 Capital
Improvement Program to include the Project and establish Project budgets in the amount of
$3,637,000 in Measure I Fund 129 for Arden Avenue and Other Roads; Blake Street and Other
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Resolution No. 2023-094
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June 26, 2023
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Roads; Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and Other
Roads; North San Bernardino Area Curb Ramps Projects.
WHEREAS, on February 1, 2023, the City Council approved Amendment No. 1 to the
Cooperative Funding Agreement with County of San Bernardino for 40th Street and Other Roads
Project, authorizing the Agency Director of Administrative Services to amend the FY 2022/24
Capital Improvement Plan, recording a supplemental appropriation in the amount of $425,000 in
Measure S Fund, for a total project cost of $915,000.
WHEREAS, due to increases in construction costs and based on the finalized design, the
estimated City cost share for the 40th Street and Other Roads Project including a 25% contingency
is estimated to be $1,143,750. In addition to the available $915,000, an additional supplemental
appropriation in the amount of $188,843.75 in SB1 Funds and $39,906.25 in Gas Tax
(Maintenance of Effort) is requested to fully fund the project.
WHEREAS, due to increases in construction costs and based on the finalized design, the
estimated City cost share for the Arden Avenue and Other Roads Project, Blake Street and Other
Roads Project, Citrus Street and Other Roads Project, Lynwood Drive and Other Roads Project,
Third Street and Other Roads Project, North San Bernardino Area Curb Ramps Project including
a 25% contingency is estimated to be $6,632,500. In addition to the available $3,637,000 from
Measure I, an additional supplemental appropriation in the amount of $2,472,924.36 in SB1 Funds
and $522,575.64 in Gas Tax (Maintenance of Effort) is requested to fully fund the project.
WHEREAS, Street Rehabilitation – 21 locations (Project No: 13511) Project will require
a supplemental appropriation in the amount of $1,944,044.64 in SB1 Funds and $410,813.36 in
Gas Tax (Maintenance of Effort) to fully fund the project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Mayor and City Council hereby authorize the Agency Director of Finance
to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in
the amount of 188,843.75 in SB1 Fund and $39,906.25 in Gas Tax Fund, for a total additional
contribution of $228,750.00 for 40th Street and Other Roads Project.
SECTION 3. Mayor and City Council hereby authorize the Agency Director of Finance
to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in
the amount of $2,472,924.36 in SB1 Fund and $522,575.64 in Gas Tax Fund, for a total additional
contribution of $2,995,500.00 for Arden Avenue and Other Roads; Blake Street and Other Roads;
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June 26, 2023
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Citrus Street and Other Roads; Lynwood Drive and Other Roads; Third Street and Other Roads;
North San Bernardino Area Curb Ramps Projects.
SECTION 4. Mayor and City Council hereby authorize the Agency Director of Finance
to amend the FY 2023/24 Capital Improvement Plan, recording a supplemental appropriation in
the amount of $1,944,044.64 in SB1 Fund and $410,813.36 in Gas Tax Fund, for a total additional
contribution of $2,354,858.00 for Street Rehabilitation – 21 locations (Project No: 13511) Project.
SECTION 5. As the decision-making body for the project, the City Council has reviewed
and considered the information contained in the administrative record for the proposed project.
Based upon the facts and information contained in the administrative record, including all written
and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA
Guidelines because it involves the street rehabilitation. Additionally, the City Council finds this
Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity
is covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty, as in this case,
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the
exceptions set forth in the CEQA Guidelines Section 15300.2 because Pavement Rehabilitation
does not present any unusual circumstances; would not damage scenic resources, including any
resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and
would not impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the
City Council.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
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June 26, 2023
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 26th day of June 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg. 127
Resolution No. 2023-094
Resolution 2023-094
June 26, 2023
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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. 2023-094, adopted at a regular meeting held on the 26th day of June 2023 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 27th day of June 2023.
Genoveva Rocha, CMC, City Clerk
Packet Pg. 128
Standard Contract Page 1 of 8
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Public Works
Department Contract Representative Arlene Chun, M.S., P.E.,
Engineering Manager -
Transportation Planning Division
Telephone Number (909) 387-8165
Project Mountain Drive and Fourth Avenue
Contractor City of San Bernardino
Contractor Representative Susan Pan, P.E.
Telephone Number (909) 384-5225
Contract Term 7/25/2023 – 12/31/2026
Original Contract Amount $605,000
Amendment Amount N/A
Total Contract Amount $605,000
Cost Center 6650002000 H15123
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, San Bernardino County (COUNTY) and the City of San Bernardino (CITY) (COUNTY and
CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to
cooperate and jointly participate in a pavement reconstruction and Americans with Disabilities Act curb ramp
project on Fourth Avenue, from Kendall Drive north 0.08 miles, and on Mountain Drive, from Kendall Drive north
0.08 miles, in the San Bernardino area (hereinafter referred to as PROJECT); and
WHERAS, the PROJECT, is located in the unincorporated area of the COUNTY and the incorporated
area of the CITY, and
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract
with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of
CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and
roads; and
WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient
maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and
Contract Number
SAP Number
Packet Pg. 129
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WHEREAS, it is anticipated that COUNTY’s share of PROJECT costs will be from COUNTY Gax Tax
Funds along with Senate Bill 1 Road Maintenance and Rehabilitation Account funds and CITY’s share of
PROJECT costs will be financed through its local funds; and
WHEREAS, the total PROJECT cost is estimated to be $1,060,000; and
WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $455,000 and the CITY’s share of
PROJECT cost is estimated to be $605,000, as more particularly set forth in Exhibit “A”, which is attached
hereto and incorporated herein by this reference; and
WHEREAS, the above-described costs are proportioned based on the work to be performed in each
Party’s jurisdiction; and
WHEREAS, PROJECT pavement reconstruction may require that the existing sewer and storm drain
manholes be adjusted to the new level of the pavement during construction;
WHEREAS, CITY will pay 100% of the actual cost for adjusting the sewer and storm drain manholes
belonging to the CITY; and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they
pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 COUNTY AGREES TO:
1.1 Act as the Lead Agency in the design, survey, California Environmental Quality Act (CEQA)
compliance (Public Resources Code section 21000 et seq.), construction, construction
engineering, and inspection of the PROJECT.
1.2 If required, at its own cost, design and perform all right-of-way acquisition related work inside the
unincorporated COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right-
of way acquisition related work includes, but is not limited to, right-of-way document preparation
(legal description and plat), appraisal, acquisition, temporary construction easements, utility
easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and
relocation/replacement, legal negotiations, eminent domain proceedings, property settlements,
and all right-of-way capital costs (actual cost of right-of-way).
1.3 Provide plans and specifications for the PROJECT for CITY’s review and approval.
1.4 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY,
which have been reviewed and approved by CITY.
1.5 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the
entire PROJECT limits, subject to paragraph 3.9 below.
1.6 Obtain a no-cost permit from the CITY for work performed within the CITY’s right-of-way.
1.7 Provide a no-cost permit to the CITY for its work in COUNTY’s right-of-way, which permit approval
shall not be unreasonably withheld, delayed or conditioned.
1.8 Advertise, award, and administer the construction of the PROJECT, in accordance with the
provisions of the California Public Contract Code applicable to counties.
1.9 Require its contractor to maintain and to comply throughout the term of any contract awarded by
COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11-
07SP.
1.10 Provide adequate inspection of all items of work performed under the construction contract(s) with
COUNTY’s contractors or subcontractors for the PROJECT and maintain adequate records of
inspection and materials testing for review by CITY. COUNTY shall provide copies of any records
of inspection and materials testing to CITY within ten (10) days of COUNTY’s receipt of written
demand from CITY for such records. This shall be included as a PROJECT cost.
1.11 After bid opening and prior to award of the construction contract, submit to the CITY an invoice
for the estimated CITY share of PROJECT construction costs based on the COUNTY/CITY
percentage share determined from the bid result.
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1.12 Upon PROJECT completion, calculate actual COUNTY/CITY PROJECT share percentages
based on the final contract work and cost, which shall include any changes made within the
COUNTY and/or CITY as provided in this Agreement.
1.13 Based on the COUNTY percentage calculated pursuant to paragraph 1.12, pay its share of the
actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design,
survey, CEQA compliance, construction, construction engineering, inspection and COUNTY
overhead costs. COUNTY’s share of PROJECT costs is estimated to be $455,000 and shall not
exceed $568,750 (25% increase over the COUNTY’s PROJECT cost estimate) absent a written
amendment to this Agreement pursuant to paragraph 3.17.
1.14 Upon PROJECT completion and the identification of all PROJECT expenses, submit to the CITY
an itemized accounting of actual PROJECT costs incurred by the COUNTY and, if said costs
exceed the amount paid by CITY pursuant to paragraphs 1.11 and 2.6, an invoice for the
remainder of the CITY’s share of the actual PROJECT costs, up to the amount set forth in Section
2.7 hereof, as provided herein. Said invoice shall set forth all actual PROJECT costs incurred by
COUNTY, together with adequate documentation of said expenditures and a copy of the overall
CITY/COUNTY percentage share calculation spreadsheet. If the actual PROJECT costs incurred
by COUNTY are less than the amount paid by CITY pursuant to paragraphs 1.11 and 2.6, then
COUNTY shall refund CITY the difference within thirty (30) days after issuance of the itemized
accounting.
1.15 Prepare, process, and secure all necessary environmental documents required by CEQA.
2.0 CITY AGREES TO:
2.1 Review and approve the plans and specifications of the PROJECT.
2.2 If required, at its own cost and not included in this PROJECT cost, perform all right-of-way
acquisition related work inside the CITY’s jurisdiction that is determined to be necessary for the
PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of-way
document preparation (legal description and plat), appraisal, acquisition, temporary construction
easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall
removal and relocation/replacement, legal negotiations, eminent domain proceedings, property
settlements, and all right-of-way capital costs (actual cost of right-of-way).
2.3 Provide a no-cost permit to the COUNTY for its work in the CITY’s right-of-way.
2.4 Provide a qualified representative who shall have the authority to discuss and attempt to resolve
issues concerning the PROJECT with the COUNTY.
2.5 Obtain a no-cost permit from the COUNTY for work within the COUNTY’S right-of-way, which
permit approval shall not be unreasonably withheld, delayed or conditioned.
2.6 Within thirty (30) days after receipt of the invoice from the COUNTY pursuant to paragraph 1.11
above, pay to the COUNTY the invoiced amount.
2.7 Within thirty (30) days after receipt of the itemized accounting and invoice from the COUNTY
pursuant to paragraph 1.14 above, pay to the COUNTY the remainder of its share of the actual
PROJECT costs based on the CITY percentage calculated pursuant to paragraph 1.12. The
PROJECT costs shall include the cost of PROJECT design, survey, CEQA compliance,
construction, construction engineering, inspection and COUNTY overhead costs. CITY’s share of
PROJECT costs is currently estimated to be $605,000 and shall not exceed $756,250 (25%
increase over the PROJECT cost estimate) absent a written approval from the CITY’s designated
representative).
2.8 Should existing sewer manholes within CITY’s jurisdiction require height adjustment to the new
level of pavement during construction, CITY shall pay 100% of the actual cost for adjusting the
manholes as a separate `expense from this Agreement.
3.0 IT IS MUTUALLY AGREED:
3.1 Except for activities that are impossible to perform during the construction phase of PROJECT,
before, during and after CITY’s and COUNTY’s acceptance of completed PROJECT, the
COUNTY shall be responsible for performing any and all work (including, but not limited to,
maintenance) for the COUNTY maintained highways in the PROJECT limits that are within the
COUNTY unincorporated area and the CITY shall be responsible for performing any and all work
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(including, but not limited to, maintenance) for City streets in the PROJECT limits that are in the
CITY incorporated area.
3.2 COUNTY agrees to indemnify, defend and hold harmless the CITY and its officers, employees,
agents, and volunteers from any and all claims, actions or losses, damages, and/or liability
resulting from COUNTY’s negligent acts or omissions or willful misconduct which arise from
COUNTY’s performance of its obligations under this Agreement.
3.3 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless
COUNTY and its officers, employees, agents and volunteers from any and all claims, actions,
losses, damages and/or liability resulting from CITY’s negligent acts or omissions or willful
misconduct which arise from CITY’s performance of its obligations under this Agreement.
3.4 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement, the
COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its
own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s)
fees relative to paragraphs 3.2, 3.3 and 3.4.
3.6 COUNTY and CITY are authorized self-insured public entities for purposes of Professional
Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that
through their respective programs of self-insurance they have adequate coverage or resources
to protect against liabilities arising out of COUNTY and CITY’s performance of the terms,
conditions or obligations of this Agreement.
3.7 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of
PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional
PROJECT costs caused by an increase in engineering cost, higher bid prices, change orders, or
arising from unforeseen site conditions, including utility relocation (but not from requested
additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below)) over the
estimated total of the PROJECT’s cost of $1,060,000 (which is the sum of $455,000 from
COUNTY and $605,000 from CITY) shall be borne by each PARTY based upon where the work
is required (i.e. whether the work is required in the COUNTY’s or CITY’s jurisdiction) up to the
amounts set forth in Section 1.13 and 2.7, respectively.
3.8 If either COUNTY or CITY requests additional work that is beyond the scope of the original
PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work,
if approved by both Parties pursuant to paragraph 3.17 will be paid solely by the agency
requesting the work.
3.9 In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT
and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party
to relocate the utility at that Party’s cost. This shall not be included as a PROJECT cost. In the
case that a utility relocation is determined to be a PROJECT cost based on that utility having prior
rights, the relocation of the utility will be included as a PROJECT cost for which the COUNTY and
CITY will be responsible for funding for work located within their respective boundaries.
3.10 As design progresses, if it is found by COUNTY’s Director of Public Works, or the Director’s
designee, that a cost overrun of 25% or more of the estimated total of the PROJECT costs will
occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall endeavor to
agree upon an alternative course of action, including amending the cost estimates. If, after thirty
(30) days of COUNTY notice, an alternative course of action is not mutually agreed upon in writing
between the COUNTY and CITY, this Agreement shall be deemed to be terminated by mutual
consent.
3.11 COUNTY shall notify CITY of the bids received and the amounts thereof. In the event that either
Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall
notify the other Party at a reasonable time prior to the awarding of a contract to construct the
PROJECT to avoid any detrimental reliance by either Party, contractor or potential contractor.
3.12 If after opening bids for the PROJECT, it is found that the responsive and responsible low bid
amount is 25% or less over the construction cost shown in Exhibit A, COUNTY may award the
contract.
3.13 If, upon opening of bids, it is found that the responsive and responsible low bid amount is over
25% more than the construction cost shown in Exhibit A or the Amended Exhibit A pursuant to
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paragraph 3.10 of the Agreement, COUNTY shall not award the contract unless: 1) COUNTY
receives written permission from the CITY’s City Engineer or designee, to proceed with the award;
and 2) COUNTY’s Board of Supervisors approves the award of the construction contract. If the
above described conditions are not met, COUNTY and CITY shall endeavor to agree upon an
alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the
bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement
shall be deemed to be terminated by mutual consent.
3.14 In the event that change orders are required during the course of the PROJECT, said change
orders must be delivered by fax or email and must be returned within two (2) days. The CITY shall
not unreasonably withhold approval of change orders. If a CITY disapproved or modified change
order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any
costs, awards, judgments or settlements associated with the disapproved or modified change
order.
3.15 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party,
provided however, that neither Party may cancel this Agreement after COUNTY awards a contract
to construct the PROJECT. In the event of cancellation as provided herein, including termination
pursuant to paragraphs 3.10, 3.11 and 3.13 above, all PROJECT expenses occurred prior to the
effective date of cancellation/termination shall be paid by the Parties in the same proportion to
their contribution for the PROJECT. The Parties recognize and agree that the provisions
governing utility relocation and construction are dependent upon the Parties first satisfying CEQA.
As provided in this paragraph, the Agreement may be cancelled with or without cause, before,
during and after CEQA review/approval.
3.16 Except as provided in paragraphs 3.15 and 3.24, and except for the Parties’ operation,
maintenance and indemnification obligations contained herein which shall survive termination,
this Agreement shall terminate upon completion of the PROJECT and payment of final billing by
the CITY for its share of the PROJECT costs or refund by COUNTY pursuant to paragraph 1.14.
3.17 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof,
and supersedes all prior negotiations, understandings or agreements. No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing and
signed by both Parties.
3.18 This Agreement shall be governed by the laws of the State of California. Any action or proceeding
between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or
which arises out of or is in any way connected with this Agreement or the PROJECT, shall be
instituted and tried in the appropriate state court, located in the County of San Bernardino,
California.
3.19 Time is of the essence for each and every provision of this Agreement.
3.20 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. Any term referencing time, days or period for performance shall
be deemed COUNTY work days. The captions of the various articles and paragraphs are for
convenience and ease or reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.21 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.
3.22 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless
the purpose of this Agreement is frustrated.
3.23 This Agreement may be signed in counterparts, each of which shall constitute an original.
3.24 This Agreement will be effective on the date signed and approved by both Parties and shall
terminate upon satisfaction of the terms identified in paragraph 3.16 or December 31, 2026
(whichever occurs first).
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3.25 All notices, approvals, consents or other documents required or permitted under this Agreement
shall be in writing and, except as otherwise provided herein, shall be effective upon personal
delivery or three calendar days after deposit in the United States mail, certified, with first class
postage, fully prepaid, addressed as follows:
CITY:
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attn: Public Works Department
Engineering Division
COUNTY:
San Bernardino County
Department of Public Works
825 E. Third Street Room 143
San Bernardino, CA 92415
Attn: Transportation Planning
Division
3.26 The Recitals are incorporated into the body of this Agreement.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Aaron Gest, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director
Date Date Date
SAN BERNARDINO COUNTY
CITY OF SAN BERNARDINO
(Print or type name of corporation, company, contractor, etc.)
By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink)
Dated:
Name
Charles E. McNeely
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 City Manager
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:
Deputy Address
290 North D Street
San Bernardino, CA 92401
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EXHIBIT A
DESCRIPTION AMOUNT SAN BERNARDINO
COUNTY SHARE
CITY OF SAN
BERNARDINO
SHARE
Construction
(including contingencies) $850,000 $365,000 $485,000
All Other Costs such as
design, survey, CEQA
compliance, construction
engineering, inspection
and County overhead
$210,000 $90,000 $120,000
TOTAL $1,060,000 $455,000 $605,000
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Standard Contract Page 1 of 8
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Public Works
Department Contract Representative Arlene Chun, M.S., P.E.
Engineering Manager
Telephone Number (909) 387-8165
Project 5th Street and Pedley Road
Contractor City of San Bernardino
Contractor Representative Susan Pan, P.E.
Telephone Number (909) 384-5225
Contract Term 7/25/23 - 6/30/28
Original Contract Amount $284,379
Amendment Amount N/A
Total Contract Amount $284,379
Cost Center 6650002000 H15189
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, the San Bernardino County (COUNTY) and the City of San Bernardino (CITY) (COUNTY
and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to
cooperate and jointly participate in an intersection improvement project, which includes widening the southeast
corner of the intersection, installing pedestrian signals, adding American with Disabilities Act (ADA) curb ramps,
and other appurtenance work at the intersection of 5th Street and Pedley Road located in the San Bernardino
area (hereinafter referred to as PROJECT); and,
WHEREAS, the PROJECT is located partially in the unincorporated area of the COUNTY and in the
incorporated area of the CITY, and,
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract
with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of
CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and
roads; and,
WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient
maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and,
WHEREAS, the total PROJECT cost is estimated to be $829,751; and,
Contract Number
SAP Number
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WHEREAS, COUNTY’s share of PROJECT cost is estimated to be $545,372 and the CITY’s share of
PROJECT cost is estimated to be $284,379, as more particularly set forth in Exhibit “A”, which is attached
hereto and unincorporated herein by this reference; and
WHEREAS, it is anticipated that the COUNTY’s share of PROJECT costs will be funded with Senate Bill
1 Road Maintenance and Rehabilitation Account funds, General Funding Maintenance of Effort, and the
Community Development Block Grant (CDBG) program funds; and the CITY’s share of PROJECT costs will be
funded with its local funds; and
WHEREAS, the CDBG program provides federal funding for projects to improve the quality of life for
people living within low-income communities, such as the installation of ADA curb ramps and traffic/pedestrian
signals which are considered as safety needs; and,
WHEREAS, the above-described costs are proportioned based on the work to be performed in each
Party’s jurisdiction; and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they
pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 COUNTY AGREES TO:
1.1 Act as the Lead Agency in the preliminary engineering, design, survey, California Environmental
Quality Act (CEQA) review and compliance (Public Resources Code section 21000 et seq.),
construction, construction engineering, and inspection of the PROJECT.
1.2 If required, at its own cost, design and perform all right-of-way acquisition related work inside the
COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right-of way
acquisition related work includes, but is not limited to, right-of-way document preparation (legal
description and plat), appraisal, acquisition, temporary construction easements, utility easements,
utility relocations, site clearance activities, plant/tree/fence/wall removal and
relocation/replacement, legal negotiations, eminent domain proceedings, property settlements,
and all right-of-way capital costs (actual cost of right-of-way).
1.3 Provide plans and specifications for the PROJECT for CITY’s review and approval pursuant to
paragraph 2.1 below.
1.4 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY,
which have been reviewed and approved by CITY pursuant to paragraphs 1.3 and 2.1.
1.5 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the
COUNTY limits, subject to paragraph 3.9 below.
1.6 Obtain a no-cost permit from the CITY for work to be performed within the CITY’s right-of-way.
1.7 Advertise, award, and administer the construction of the PROJECT, in accordance with the
provisions of the California Public Contract Code applicable to counties.
1.8 Require its contractor to maintain and to comply throughout the term of any contract awarded by
COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11-
07SP.
1.9 Provide inspection of all items of work performed under the construction contract(s) with
COUNTY’s contractors or subcontractors for the PROJECT and maintain adequate records of
inspection and materials testing for review by CITY. The COUNTY shall provide copies of any
records of inspection and materials testing to CITY within ten (10) days of COUNTY’s receipt of
written demand from CITY for such records. This shall be included as a PROJECT cost.
1.10 After bid opening for the PROJECT and prior to award of the construction contract, submit to the
CITY an invoice for the estimated CITY share of PROJECT construction costs based on the
COUNTY/CITY percentage share determined from the bid result.
1.11 Upon PROJECT completion, calculate actual COUNTY/CITY PROJECT share percentages
based on the final contract work and cost, which shall include any changes made within the
COUNTY and/or CITY jurisdiction, as provided in this Agreement.
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1.12 Based on the COUNTY percentage calculated pursuant to paragraph 1.11, pay its share of the
actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design,
survey, CEQA review and compliance, construction, construction engineering, inspection, and
COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to be $545,372 and
shall not exceed $681,715 (25% increase over the COUNTY’s PROJECT cost estimate) absent
a written amendment to this Agreement pursuant to paragraph 3.17 below.
1.13 Upon PROJECT completion and the identification of all PROJECT expenses, submit to the CITY
an itemized accounting of actual PROJECT costs incurred by the COUNTY and, if said costs
exceed the amount paid by CITY pursuant to paragraphs 1.10 and 2.6, an invoice for the
remainder of the CITY’s share of the actual PROJECT costs, up to the amount set forth in
paragraph 2.8 as provided herein. Said invoice shall set forth all actual PROJECT costs incurred
by COUNTY, together with documentation of said expenditures and a copy of the overall
CITY/COUNTY percentage share calculation spreadsheet. If the actual PROJECT costs incurred
by COUNTY are less than the amount paid by CITY pursuant to paragraphs 1.10 and 2.6, then
COUNTY shall refund CITY the difference within thirty (30) days after issuance of the itemized
accounting.
2.0 CITY AGREES TO:
2.1 Review, approve, and provide comments, if necessary, for the PROJECT’s plans and
specifications provided by the COUNTY for PROJECT work to be performed in the CITY’s
jurisdiction.
2.2 If required, at its own cost and not included in this PROJECT cost, perform all right-of-way
acquisition related work inside the CITY’s jurisdiction that is determined to be necessary for the
PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of-way
document preparation (legal description and plat), appraisal, acquisition, temporary construction
easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall
removal and relocation/replacement, legal negotiations, eminent domain proceedings, property
settlements, and all right-of-way capital costs (actual cost of right-of-way).
2.3 Provide a no-cost permit to the COUNTY for its work in the CITY’s right-of-way.
2.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the
CITY limits, subject to paragraph 3.9 below.
2.5 Provide a qualified CITY representative who has the authority to discuss and resolve Project
issues and the authority to inspect PROJECT construction upon notification by COUNTY via email
and/or telephone that an inspection is needed within the CITY’s limits.
2.6 Within thirty (30) days after receipt of the invoice from the COUNTY and pursuant to paragraph
1.10 above, pay to the COUNTY the invoiced amount.
2.7 Within thirty (30) days after receipt of the itemized accounting and invoice from the COUNTY
pursuant to paragraph 1.13 above, pay to the COUNTY the remainder of CITY’s share of the
actual PROJECT costs based on the CITY percentage calculated pursuant to paragraph 1.12.
The PROJECT costs shall include the cost of PROJECT design, survey, CEQA review and
compliance, construction, construction engineering, inspection, and COUNTY overhead costs.
2.8 CITY’s share of PROJECT costs is estimated to be $284,379 and shall not exceed $355,500
(25% increase over the PROJECT cost estimate) absent a written amendment to this Agreement
pursuant to paragraph 3.17 below.
3.0 IT IS MUTUALLY AGREED:
3.1 Except for activities that are impossible to perform during the construction phase of PROJECT,
before, during and after CITY’s and COUNTY’s acceptance of completed PROJECT, the
COUNTY shall be responsible for performing any and all work (including, but not limited to,
maintenance) for PROJECT limits that are within the COUNTY unincorporated area and the CITY
shall be responsible for performing any and all work (including, but not limited to, maintenance)
in the PROJECT limits that are in the CITY incorporated area.
3.2 COUNTY agrees to indemnify and hold harmless the CITY and its officers, employees, agents,
and volunteers from any and all claims, actions, losses, damages, and/or liability resulting from
COUNTY’s negligent acts or omissions that arise from COUNTY’s performance of its obligations
under this Agreement.
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3.3 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless
COUNTY and its officers, employees, agents, and volunteers from any and all claims, actions,
losses, damages and/or liability resulting from CITY’s negligent acts or omissions that arise from
CITY’s performance of its obligations under this Agreement.
3.4 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim,
action, loss or damage which results from their respective obligations under the Agreement, the
COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its
own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s)
fees relative to paragraphs 3.2, 3.3 and 3.4.
3.6 COUNTY and CITY are authorized self-insured public entities for purposes of Professional
Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that
through their respective programs of self-insurance they have adequate coverage or resources
to protect against liabilities arising out of COUNTY and CITY’s performance of the terms,
conditions or obligations of this Agreement.
3.7 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of
PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional
PROJECT costs caused by an increase in engineering cost, higher bid prices, change orders, or
arising from unforeseen site conditions, including utility relocation (but not from requested
additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below)) over the
estimated total of the PROJECT’s cost of $829,751 (which is the sum of $545,372 from COUNTY
and $284,379 from CITY) shall be borne by each Party based upon where the work is required
(i.e. whether the work is required in the COUNTY’s or CITY’s jurisdiction) up to the amounts set
forth in paragraphs 1.12 and 2.8.
3.8 If either COUNTY or CITY requests additional work that is beyond the scope of the original
PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work,
if approved by both Parties pursuant to paragraph 3.17, will be paid solely by the agency
requesting the work.
3.9 In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT
and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party
to relocate the utility at that Party’s cost. This shall not be included as a PROJECT cost. In the
case that a utility relocation is determined to be a PROJECT cost based on that utility having prior
rights, the relocation of the utility will be included as a PROJECT cost for which the COUNTY and
CITY will be responsible for funding for work located within their respective boundaries.
3.10 As design progresses, if it is found by COUNTY’s Director of Public Works, or the Director’s
designee, that a cost overrun of 25% or more of the estimated total of the PROJECT costs will
occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall endeavor to
agree upon an alternative course of action, including amending the cost estimates. If, after thirty
(30) days of COUNTY notice, an alternative course of action is not mutually agreed upon in writing
between the COUNTY and CITY, this Agreement shall be deemed to be terminated by mutual
consent.
3.11 COUNTY shall notify CITY of the bids received and the amounts thereof. If either Party intends
to cancel this Agreement based upon the bids or amount thereof, said Party shall notify the other
Party at a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid
any detrimental reliance by either Party, contractor or potential contractor.
3.12 If after opening bids for the PROJECT, it is found that the responsive and responsible low bid
amount is 25% or less over the construction cost shown in Exhibit A, COUNTY may award the
contract.
3.13 If, upon opening of bids, it is found that the responsive and responsible low bid amount is over
25% more than the construction cost shown in Exhibit A or an Amended Exhibit A pursuant to
paragraph 3.10 of the Agreement, COUNTY shall not award the contract unless: 1) COUNTY
receives written permission from the CITY’s City Engineer or designee, to proceed with the award;
and 2) COUNTY’s Board of Supervisors approves the award of the construction contract. If the
above-described conditions are not met, COUNTY and CITY shall endeavor to agree upon an
alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the
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bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement
shall be deemed to be terminated by mutual consent.
3.14 If change orders are required during the course of the PROJECT, said change orders must be
approved and signed by the CITY, and returned to COUNTY by fax or email within two (2) working
days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved
or modified change order is later found to be a cost of the PROJECT, then the CITY shall be
responsible for any costs, awards, judgments, or settlements associated with the disapproved or
modified change order.
3.15 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party,
provided however, that neither Party may cancel this Agreement after COUNTY awards a contract
to construct the PROJECT. In the event of cancellation as provided herein, including termination
pursuant to paragraphs 3.10, 3.11 and 3.13 above, all PROJECT expenses incurred prior to the
effective date of cancellation/termination shall be paid by the Parties in the same proportion to
their contribution for the PROJECT. The Parties recognize and agree that the provisions
governing utility relocation and construction are dependent upon the Parties first satisfying CEQA.
As provided in this paragraph, the Agreement may be cancelled with or without cause, before,
during and after CEQA review/approval.
3.16 Except as provided in paragraphs 3.15 and 3.24, and except for the Parties’ operation,
maintenance, and indemnification obligations contained herein which shall survive termination,
this Agreement shall terminate upon completion of the PROJECT and payment of final billing by
the CITY for its share of the PROJECT costs or refund by COUNTY pursuant to paragraph 1.13.
3.17 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof,
and supersedes all prior negotiations, understandings, or agreements. No supplement,
modification, or amendment of this Agreement shall be binding unless executed in writing and
signed by both Parties.
3.18 This Agreement shall be governed by the laws of the State of California. Any action or proceeding
between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or
which arises out of or is in any way connected with this Agreement or the PROJECT, shall be
instituted and tried in the appropriate state court, located in the San Bernardino County, California.
3.19 Time is of the essence for each provision of this Agreement.
3.20 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. Any term referencing time, days or period for performance shall
be deemed COUNTY workdays. The captions of the various articles and paragraphs are for
convenience and ease or reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.21 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.
3.22 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or
otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless
the purpose of this Agreement is frustrated.
3.23 This Agreement may be signed in counterparts, each of which shall constitute an original.
3.24 This Agreement will be effective on the date signed and approved by both Parties and shall
terminate upon satisfaction of the terms identified in paragraph 3.16 or June 30, 2028 (whichever
occurs first).
3.25 All notices, approvals, consents or other documents required or permitted under this Agreement
shall be in writing and, except as otherwise provided herein, shall be effective upon personal
delivery or three calendar days after deposit in the United States mail, certified, with first class
postage, fully prepaid, addressed as follows:
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CITY:
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attn: Public Works Department
Engineering Division
COUNTY:
San Bernardino County
Department of Public Works
825 E. Third Street, Room 143
San Bernardino, CA 92415
Attn: Transportation Planning Division
3.26 The Recitals are unincorporated into the body of this Agreement.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of
both Parties.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Aaron Gest, Deputy County Counsel Andy Silao, P.E., Engineering Manager Brendon Biggs, Director
Date Date Date
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink)
Dated:
Name Charles McNeely
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 Interim City Manager
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:
Deputy Address 290 North D St
San Bernardino, CA 92401
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+
EXHIBIT A
ESTIMATE OF PROJECT COSTS
FOR SAN BERNARDINO COUNTY/CITY OF SAN BERNARDINO
INTERSECTION IMPROVEMENT AND PEDESTRIAN SIGNAL INSTALLATION
SAN BERNARDINO AREA
5TH STREET AND PEDLEY ROAD
DESCRIPTION AMOUNT SAN BERNARDINO
COUNTY SHARE
CITY OF SAN
BERNARDINO SHARE
Construction (including
contingencies) $668,262 $439,230 $229,032
All other costs such as Design,
Survey, CEQA compliance,
Construction Engineering, etc.
$161,489 $106,142 $55,347
TOTAL $829,751 $545,372 $284,379
Packet Pg. 144