HomeMy WebLinkAbout01-17-2024 Agenda PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
SPECIAL MEETING AND REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE
REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, JANUARY 17, 2024
5:00 PM SPECIAL MEETING 7:00 PM REGULAR MEETING
CLOSED SESSION IMMEDIATELY TO FOLLOW REGULAR MEETING
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles A. Montoya
COUNCIL MEMBER, WARD 2 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
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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 Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:00 P.M. SPECIAL MEETING
INVOCATION AND PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS FOR ITEMS ON THE SPECIAL MEETING AGENDA ONLY
CITY MANAGER UPDATE
PRESENTATIONS
1. Proclamation for Jayden Daniels Day in the City of San Bernardino – January 20,
2024 (All Wards) p. 18
2. San Bernardino County Fire Protection District FP5 Presentation p. 20
APPOINTMENTS
3. Animal Control Commission Removal p. 29
4. Elected Official Compensation Advisory Board of Gil Botello (Ward 3 Appointment) p. 60
5. Personnel Commission Appointment of Reginald L. Woods (Mayor’s Appointment) p. 69
6. Personnel Commission Appointment of Leticia O. Briggs (Mayor’s Appointment) p. 74
CONSENT CALENDAR
7. California for All Animals Grant Award p. 79
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024001:
1. Accepting a grant award in the amount of $125,000 from UC Davis for animal services
programs; and
2. Authorizing the City Manager to conduct all negotiations, signings, and submittals of all
necessary documents to receive the grant award; and
3. Authorizing the Director of Finance and Management Services to amend the FY
2023/24 Budget to appropriate $125,000 of the grant funding in both revenues and
expenditures for animal shelter programs and services.
Mayor and City Council of the City of San Bernardino Page 3
8. Accept Donation Funds from Stater Bros. Charities p. 91
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024002:
1. Accepting a donation in the amount of $7,000 from Stater Bros. Charities; and
2. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 budget in both revenues and expenses and appropriate $7,000 to be used towards animal shelter programs and services.
9. Irrevocable Agreement to Annex No. 2024375 (Ward 5) p. 97
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2024003 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission to provide
City sewer services to a property located at 1199 West 41st Street, San Bernardino,
California, within the unincorporated territory of Arrowhead Farms; and authorizing the City
Manager to execute an Irrevocable Agreement to Annex.
10. Resolution Declaring Intent to Conduct a Public Hearing to Order Street Vacation
(15.30439) of a Portion of Broadway Avenue East of N J Street and North of Main
Street, and Reservation of Utilities Therein (Ward 1) p. 112
Recommendation:
Adopt Resolution No. 2024004 of the Mayor and City Council of the City of San Bernardino,
California, declaring its intent to conduct a public hearing to order the vacation of a portion of
Broadway Avenue east of north J Street and north of Main Street, and reservation of utilities
therein.
11. Irrevocable Agreement to Annex No. 2024376 (Ward 6) p. 121
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2024005 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission to provide
City sewer services to a property located at 3895 June Street, San Bernardino, California,
within the unincorporated area of Muscoy; and authorizing the City Manager to execute an
Irrevocable Agreement to Annex.
12. Ratify and Accept the San Bernardino County Fire Protection District Ordinance No.
FPD 2301 (All Wards) p. 136
Recommendation:
Adopt Resolution No. 2024006 of the Mayor and City Council of the City of San Bernardino,
California, to ratify and accept the San Bernardino County Fire Protection District’s
(“District”) Ordinance No. FPD 2301, which amends and adopts the 2022 Edition of the
California Fire Code, known as California Code of Regulations, Title 24, Part 9, based on the
2021 Edition of the International Fire Code.
13. Irrevocable Agreement to Annex No. 2024378 (Ward 4) p. 232
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2024007 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission to provide
City sewer services to a property located at 4694 North F Street, San Bernardino, California,
within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to
execute an Irrevocable Agreement to Annex.
Mayor and City Council of the City of San Bernardino Page 4
14. Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation
(15.30437) of a Portion of Harrist Street Between North I Street and J Street and
South of West 9th Street, and Reservation of Utilities Therein (Ward 1) p. 247
Recommendation:
Adopt Resolution No. 2024008 of the Mayor and City Council of the City of San Bernardino,
California, declaring its intent to conduct a public hearing to order the vacation of a portion of
Harris Street between North I Street and J Street and south of West 9th Street, and
reservation of utilities therein.
15. Resolution Declaring Intent to Annex Territory: Community Facilities District No.
20191 (Maintenance Services): Annexation No. 41, Tax Zone No. 42 (Ono Hawaiian
BBQ) (Ward 1) p. 257
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024009 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 20191
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be
proposed (Annexation No. 41) and authorizing the levy of a special taxes therein.
16. Resolution Declaring Intent to Conduct Public Hearing to Order the Street Vacation
(15.30440) of a Portion of 9th Street and a Portion of Tippecanoe Avenue, and
Reservation of Utilities Therein (Ward 1) p. 302
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024010 declaring its intent to conduct a public hearing to order the
vacation of a portion of 9th Street and a portion of Tippecanoe Avenue and reservation of
utilities therein.
17. Resolution Declaring Intent to Annex Territory: Community Facilities District No.
20191 (Maintenance Services): Annexation No. 38, Tax Zone No. 39 (InNOut) (Ward
1) p. 313
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024011 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 20191
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be
proposed (Annexation No. 38) and authorizing the levy of a special taxes therein.
18. Resolution Declaring Intent to Annex Territory: Community Facilities District No.
20191 (Maintenance Services): Annexation No. 39, Tax Zone No. 40 (Ward 1)
p. 348
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024012 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 20191
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be
proposed (Annexation No. 39) and authorizing the levy of a special taxes therein.
19. San Bernardino Regional Housing Trust Letter of Intent (All Wards) p. 382
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize the City to join the San Bernardino Regional Housing Trust by submitting a Letter
of Intent to the San Bernardino Council of Government.
Mayor and City Council of the City of San Bernardino Page 5
20. Resolution Declaring Intent to Annex Territory: Community Facilities District No.
20191 (Maintenance Services): Annexation No. 40, Tax Zone No. 41 (Quick Quack)
(Ward 5) p. 423
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024013 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 20191
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to be
proposed (Annexation No. 40) and authorizing the levy of a special taxes therein.
21. Approve Professional Service Agreement with SB Express One LLC (All Wards)
p. 457
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Approve the Professional Service Agreement with SB Express One LLC (Super
8 Motel) for the provision of motel rooms ranging from 28 rooms (minimum) to 75
rooms (maximum) for a total amount not to exceed $1,008,000 and for a term
beginning January 17, 2024, through January 17, 2025.
2. Authorize the City Manager or designee to take any further actions and execute
any further agreements or documents as necessary to effectuate the
implementation of the Motel Voucher Program.
22. Amending the Citywide Salary Schedule for the Planner Classification Series p. 513
Recommendation:
Adopt Resolution No. 2024014 of the Mayor and City Council of the City of San Bernardino,
California:
1. Amending the Citywide salary schedule for the planner classification series.
2. Reclassifying the Deputy Director/City Planner (U) to City Planner (U).
23. Basic Compensation Plan for Parttime, Temporary and Seasonal Employees p. 529
Recommendation:
Adopt Resolution No. 2024015 of the Mayor and City Council of the City of San Bernardino, California:
1. Approving a basic compensation plan for parttime, temporary and seasonal employees.
2. Amending the Citywide salary schedule for fulltime, parttime, temporary, and
seasonal positions.
24. Side Letter Agreement with Various Bargaining Groups Regarding Hazard Pay p. 544
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024028, authorizing the City Manager to execute side letter
agreements with various bargaining groups regarding hazard pay.
25. Amendments to Professional Services Agreements for Legal Services (All Wards)
p. 555
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
authorize the City Manager or their designee to execute:
Mayor and City Council of the City of San Bernardino Page 6
1. Fourth Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud and Romo for representation in the Andrea Miller (II) v. City
of San Bernardino, 4th District Court of Appeals Case No. E080807
2. Third Amendment to the Professional Services Agreement with Stream, Kim,
Hicks, Wrage & Alfaro for representation in the Andrea Miller (II) v. City of San
Bernardino, 4th District Court of Appeals Case No. E080807
3. Second Amendment to the Professional Services Agreement with Carpenter,
Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et al.
v. City of San Bernardino, US District Court Case No. 5:2022cv02206
4. Second Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud & Romo for the provision of legal services in connection
with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District
Court Case No. CIVSB 2226731
5. Second Amendment to the Professional Services Agreement with Carpenter,
Rothans & Dumont, for representation in Deshawn Wright v. City of San
Bernardino, United States District Court, Case No. 5:210032CAS
6. Second Amendment to the Professional Services Agreement with Jones &
Mayer, for representation of City employee Imran Ahmed in Deshawn Wright v.
City of San Bernardino, United States District Court, Case No. 5:210032CAS
26. Approve Professional Service Agreements with CivicPlus. LLC. (All Wards) p. 642
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Authorize the City Manager to execute the Professional Service Agreement
with CivicPlus. LLC. for CivicEngage Central hosting, migration, training, and
implementation services for a total amount not to exceed $193,000 over a term
beginning after approval of the contract renewable for a 60month term; and
2. Authorize the Director of Finance to issue a purchase order in the amount of
$93,000.03 to CivicPlus for the development, migration, and hosting of a new City
website.
27. Establish a California Nonprofit Public Benefit Corporation named of “Friends of
San Bernardino Parks, Recreation and Open Spaces Foundation.” P. 692
Recommendation:
Adopt Resolution No. 2024016 of the Mayor and City Council of the City of San Bernardino,
authorizing the City Manager, or designee, to take the steps necessary to establish a
California Nonprofit Public Benefit Corporation named “Friends of San Bernardino Parks,
Recreation and Open Spaces Foundation” to support the Parks, Recreation, and
Community Services Department’s programs and initiatives.
28. Accept Grant Award for Lytle Creek Park and Community Center Renovations p. 713
Recommendation:
Adopt Resolution No. 2024017 of the Mayor and City Council of the City of San Bernardino,
California:
1. Accepting a grant award in the amount of $1,000,000 from the San Manuel
Band of Mission Indians for renovations to Lytle Creek Park and Community
Center;
2. Authorizing the City Manager, or designee, to conduct all negotiations,
signings, and submittal of all necessary documents to receive the grant award;
and
3. Authorizing the Director of Finance and Management Services to amend the
Mayor and City Council of the City of San Bernardino Page 7
FY2023/24 Budget to appropriate $1,000,000 in grant funding for the Lytle Creek
Park and Community Center Renovation projects.
29. Approve the Purchase of a Mobile Diesel Generator Through the Home and
Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program p. 727
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution No. 2024018 to:
1. Accept and approve Request for Quotation (RFQ) F2377 for the purchase of a
mobile diesel generator through the Home and Community Based Services
Senior Nutrition Infrastructure Grant Program (HCBSNI);
2. Authorize the City Manager to execute the Vendor Services Agreement (VSA)
between the City of San Bernardino and Bell Electrical Supply Co., Inc. for the
purchase of a new mobile towable diesel generator; and
3. Authorize the Director of Finance to issue a purchase order in the amount of
$136,089 to Bell Electrical Supply Co., Inc.
30. Accept the RFP 2239 Youth Enrichment Programs Award for Fiscal Year 2023/2024
p. 749
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt resolution 2024019:
1. Authorizing the City Manager, or his designee, to accept the award for RFP No.
2239 Youth Enrichment Programs for an amount not to exceed $145,000 through
Fiscal Year 2023/2024;
2. Authorizing the City Manager, or his designee, to conduct all negotiations,
signing, and submittals of necessary documents to receive RFP awards; and
3. Authorizing the Director of Finance and Management Services to amend the
budget in both revenue and expenditures by $145,000 and appropriate the funds
for Fiscal Year 2023/2024.
31. Accept the FY 2022 Project Safe Neighborhoods Grant (All Wards) p. 773
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024020 authorizing:
1. The City Manager or designee to accept the FY 2022 Department of
Justice, Project Safe Neighborhoods grant funding; and
2. The Director of Finance and Management Services to amend FY 2023/24
Adopted Budget appropriating $200,000 in both revenue and expenditures.
32. Contract Amendment Approval – Mt. Vernon Storm Drain Project (Ward 6) p. 824
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
Approve Amendment No. 1 to the Professional Services Agreement with Onward
Engineering in the amount of $19,612.50, for a total contract amount of $164,539.50 from
Storm Drain DIF funding and extend the contract through anticipated completion date of
December 30th, 2024.
Mayor and City Council of the City of San Bernardino Page 8
33. Rejecting Construction Bids for the Clean California Local Grant Program (All
Wards) p. 909
Recommendation:
Adopt Resolution No. 2024021 of the Mayor and City Council of the City of San Bernardino,
California, Rejecting Construction Bids for the Clean California Local Grant Program for the
4th Street Alley Beautification project.
34. Agreement with Yunex, LLC., for Traffic Signal Intersection OnCall and Emergency
Repair Services (All Wards) p. 923
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the City Manager to execute a Maintenance Services Agreement with
Yunex, LLC., for traffic signal intersection oncall and emergency repair services;
and
2. Authorize the Director of Finance to issue a purchase order in the
amount of $600,000 to Yunex, LLC.
35. Task Order Issued to TransTech Engineers for Project Management Services for the
San Bernardino Hope Campus Project (Navigation Center) and Norman F. Feldheym
Library Revitalization Projects. (Ward 1) p. 993
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Approve two task orders (Transtech003 and Transtech004) to
TransTech Engineering for program management services for the San
Bernardino Hope Campus Project (Navigation Center) and Norman F. Feldheym
Library Revitalization project, as part of the existing Professional Services
Agreement for OnCall Engineering Services, and,
2. Authorize the Finance Director to issue a purchase order in the amount of
$296,400 for the Hope Campus Project and $197,600 for the Feldheym Library
Project.
36. Contract Amendment Approval – Pepper Avenue Rehabilitation Project (Wards 3, 6)
p. 1104
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
authorize the City Manager to execute all documents and: Approve Amendment No. 3 to the
Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for a
total contract amount of $255,531 for Pepper Avenue Rehabilitation Project and extend the
term of the agreement through the anticipated completion date of December 30, 2024.
37. Approve Final Tract Map No. 20495 (Ward 4) p. 1179
Recommendation:
Adopt Resolution No. 2024022 by the Mayor and City Council of the City of San
Bernardino, California, approving Final Tract Map No. 20495 (Subdivision 2113) involving
the subdivision of five (5) parcels (APN 028521105, 21, 22, 23, and 25) containing
approximately 14.7 acres into one hundred thirtythree (133) singlefamily residential lots
and nine (9) lettered lots for common facility improvements, located on the northwest corner
of E. Highland Avenue and N. Palm Avenue, accepting the public dedications as set forth on
said map; and authorizing execution of the standard form of agreement for the subdivision
improvements.
Mayor and City Council of the City of San Bernardino Page 9
38. Contract Change Order Approval – Pavement Rehabilitation at Three Locations
Ward 3 p. 1331
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the Director of Finance and Management Services to allocate an
additional $643,910.10 to fund the change order to complete the pavement
improvements "Project"; and
2. Approve the Construction Contract Change Order with Matich Corporation
Company in the amount of $643,910.10 to complete the "Project"; and
3. Authorize the project construction and construction contingencies in the total
amount of $693,000 to provide pavement improvements to complete the
"Project"; and
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
39. Cancellation of January 17, 2024, Public Hearing Regarding Solid Waste Rate
Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third
Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste
Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc.,
and Finding the Action Exempt from the California Environmental Quality Act p. 1340
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Cancel the Proposition 218 Public Hearing to receive comments on the
proposed rate increases and Third Amendment to the City’s Exclusive Franchise
Agreement for Integrated Solid Waste collection, processing and disposal
Services with Burrtec Waste Industries, Inc. (“Burrtec”) on the January 17, 2024,
Mayor and City Council Meeting; and
2. Instruct staff to establish a new timeline for implementation of proposed rates
(to include public hearings), SB 1383 adoption, and potential amendments to the
City’s agreement with Burrtec Waste Industries, Inc. before July 30th, 2024.
ADJOURNMENT FOR SPECIAL MEETING
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency will adjourn to the Regular Meeting to be held on January 17, 2024 at
the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401.
The Regular Meeting will begin at 7:00 p.m.
CALL TO ORDER REGULAR MEETING
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 Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
Mayor and City Council of the City of San Bernardino Page 10
7:00 P.M.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
CONSENT CALENDAR
1. Adoption of Ordinance No. MC1622: Floodplain Ordinance (FPO) (All Wards)
p. 1344
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Ordinance No. MC1622: adopting a new Chapter 8.79 of the City of San Bernardino
municipal code; adopting flood hazard maps; designating City Engineer as the floodplain
administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
PUBLIC HEARING
2. Public Hearing on Annexation No. 28A to Community Facilities District 20191 (Ward
5) p. 1385
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024023 of the Mayor and City Council of the City
of San Bernardino, California, calling an election to submit to the qualified
electors the question of le vying the amended special tax within the area
proposed to be annexed to Community Facilities District No. 20191
(Maintenance Services) (Annexation No. 28A) ; and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024024 of the Mayor and City Council of the City of
San Bernardino, California, declaring election results for Community Facilities
District No. 2019 1 (Maintenance Services) Tax Zone 29; and
5. Introduce, read by title only, and waive further reading of Ordinance No.
MC1623 of the Mayor and City Council of the City of San Bernardino, California,
amending Ordinance No. MC1522 and levying special taxes to be collected
during Fiscal Year 20232024 to pay annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 20191 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC1623 for February 21, 2024.
3. Public Hearing on Annexation No. 37 to Community Facilities District 20191 (Ward 3)
p. 1442
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024025 of the Mayor and City Council of the City of
Mayor and City Council of the City of San Bernardino Page 11
San Bernardino, California, calling an election to submit to the qualified electors
the question of levying a special tax within the area proposed to be annexed to
Community Facilities District No. 20191 (Maintenance Services) (Annexation No.
37); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024026 of the Mayor and City Council of the City of
San Bernardino, California, declaring election results for Community Facilities
District No. 2019 1 (Maintenance Services) (Annexation No. 37); and
5. Introduce, read by title only, and waive further reading of Ordinance No.
MC1624 of the Mayor and City Council of the City of San Bernardino, California,
amending Ordinance No. MC1522 and levying special taxes to be collected
during Fiscal Year 20232024 to pay annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 20191 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC1624 for February 21, 2024.
DISCUSSION
4. Adopting Resolution No. 2024027 and Introducing Ordinance No. MC1625
Amending Chapter 2.10 and Chapter 2.15, Adding Chapter 2.83, and Amending
Sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino Municipal Code
Regarding Updating Titles and Organizational Duties of Various City Departments
and Department Heads (All Wards) p. 1496
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024027:
a. Restructuring the Community and Economic Development Department by
creating the Community Development & Housing Department and
the Economic Development Department
b. Retitling the Human Resources Department to Human Resources and
Risk Management Department
c. Retitling the Finance Department to Finance and Management Services
Department
d. Retitling the Director and Deputy Director of Human Resources
(U)
Classification
e. Retitling the Deputy Director of Finance (U) Classification
f. Amending the Citywide Salary Schedule for fulltime, parttime, temporary,
and seasonal position.; and
2. Introduce, read by title only, and waive further reading of Ordinance No.
MC1625 amending Chapter 2.10 and Chapter 2.15, adding Chapter 2.83, and
amending sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino
Municipal Code regarding updating titles and organizational duties of various City
Departments and Department Heads.
Mayor and City Council of the City of San Bernardino Page 12
5. Introduction of Ordinance No. MC1626 Amending Section 2.58.010 of the Municipal
Code Relating to the Time and Location of Regular Meetings (All Wards) p. 1522
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
introduce, read by title only, and waive further reading of Ordinance No. MC1626 amending
Section 2.58.010 of Chapter 2.58 of Title 2 of the San Bernardino Municipal Code relating to
the time and location of regular meetings.
6. Election of Mayor Pro Tempore (All Wards) p. 1533
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
open nominations for a member of the City Council to serve as Mayor Pro Tempore with an
effective date of December 20, 2023.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
CLOSED SESSION
7. Closed Session p. 1537
Recommendation:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i. Dennis Bergman, by and through his Guardian Ad Litem, Jennifer Abraham, San
Bernardino Superior Court Case No. CIVBS2134966
ii. Estate of Rob Marquise Adams, by and through its personal Representatives,
Tamika King, et al. v. City of San Bernardino, United States District Court Case
No. 5:22CV02206 JGBSP
iii. Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court Case
No. CIVSB222673
iv. Gary Schuelke v. City of San Bernardino, Workers’ Comp. Case Nos.
ADJ13946643, ADJ13946133, ADJ11395684, ADJ11395701, ADJ6436925, and
ADJ4544196
v. Frank Alvarez v. City of San Bernardino, Workers’ Comp. Case No. ADJ1477022
vi. Douglas Heath v. City of San Bernardino, Workers’ Comp. Case No.
ADJ11111333
CLOSED SESSION REPORT
ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency will adjourn to a Special Meeting to be held on January 31, 2024, at
the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401.
The Special Meeting will begin at 3:00 p.m.
Mayor and City Council of the City of San Bernardino Page 13
CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Chief Deputy City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the Wednesday, January 17, 2024, Special and Regular Meeting of
the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the
Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street,
San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San
Bernardino, California, and on the City's website sbcity.org on Friday, January 12, 2024.
I declare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 14
NOTICE:
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
on the agenda, 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 during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21,
2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding
officer determines that the meeting or hearing may be lengthy or complicated, the presiding
officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card
and turn in the speaker reservation card to the City Clerk prior to the time designated on the
agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure
of a person to promptly respond when their time to speak is called shall result in the person
forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment
audibly state into the microphone, if one is present, his or her name and address before
beginning
comment. If that person is representing a group or organization the presiding officer may request
that the speaker identify that group or organization, including that group or organization' s
Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to
provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3)
minutes per meeting, to address items on the agenda and items not on the agenda
but within the subject matter jurisdiction of the Mayor and City Council.
5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of
the public desiring to provide public testimony at a public hearing shall have a
reasonable time, not to exceed ( 3) minutes, to provide testimony during each
public hearing.
Mayor and City Council of the City of San Bernardino Page 15
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 threeminute
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.
ALTERNATE MEETING VIEWING METHOD:
If there are issues with the main live stream for the Mayor and City Council you may view the alternate
stream on TV3
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
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 9093845002
or SBCityClerk@sbcity.org for assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides
the cutoff 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
3) REMOTE PARTICIPATION VIA ZOOM WILL BE FOR COUNCIL PARTICIPATION
Until further notice, remote public comment has been suspended.
Mayor and City Council of the City of San Bernardino Page 16
NOTICE OF A SPECIAL MEETING OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Friday, January 12, 2024
SUBJECT: Special Meeting on Wednesday, January 17, 2024
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 Wednesday, January 17, 2024, at 5:00 p.m.
Said meeting shall be for the purpose of considering the following:
PRESENTATIONS
1. Proclamation for Jayden Daniels Day in the City of San Bernardino – January 20,
2024 (All Wards)
2. San Bernardino County Fire Protection District FP5 Presentation; and
APPOINTMENTS
3. Animal Control Commission Removal
4. Elected Official Compensation Advisory Board of Gil Botello (Ward 3 Appointment)
5. Personnel Commission Appointment of Reginald L. Woods (Mayor’s Appointment)
6. Personnel Commission Appointment of Leticia O. Briggs (Mayor’s Appointment); and
Consent Calendar Items No. 7 through 39.
ADJOURNMENT
The next Regular Meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be
held on January 17, 2024 at the Feldheym Central Library, 555 West Sixth
Street, San Bernardino 92401. Open Session will begin at 7:00 p.m.
Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 17
NOTICE OF A SPECIAL MEETING OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Friday, January 12, 2024
SUBJECT: Special Meeting (Closed Session) on Wednesday, January 17, 2024
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 Wednesday, January 17, 2024, immediately following Open Session.
Said meeting shall be for the purpose of considering the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)
i)Dennis Bergman, by and through his Guardian Ad Litem, Jennifer Abraham, San
Bernardino Superior Court Case No. CIVBS2134966
ii)Estate of Rob Marquise Adams, by and through its personal Representatives, Tamika
King, et al. v. City of San Bernardino, United States District Court Case No. 5:22CV
02206 JGBSP
iii)Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court Case
No. CIVSB222673
iv)Gary Schuelke v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ13946643,
ADJ13946133, ADJ11395684, ADJ11395701, ADJ6436925, and ADJ4544196
v)Frank Alvarez v. City of San Bernardino, Workers’ Comp. Case No. ADJ14770229
vi)Douglas Heath v. City of San Bernardino, Workers’ Comp. Case No. ADJ11111333
ADJOURNMENT
The next Regular Meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on February
21, 2024 at the Feldheym Central Library, 555 West Sixth Street, San Bernardino
92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Proclamation for Jayden Daniels Day in the City of
San Bernardino – January 20, 2024 (All Wards)
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PROCLAMATION OF THE MAYOR AND CITY COUNCIL
PROCLAIMING JANUARY 20, 2024, AS JAYDEN DANIELS DAY
IN THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino takes great pride in recognizing
exceptional talent, perseverance, and extraordinary achievements; and,
WHEREAS, Jayden Daniels, an esteemed athlete from San Bernardino,
has exemplified unparalleled excellence on the football field, showcasing
remarkable skill, dedication, and sportsmanship throughout his career; and,
WHEREAS, Jayden Daniels, was awarded the 2023 Heisman Trophy,
named the Associated Press College Football Player of the Year, the
Walter Camp Award, the Davey O’Brian Award, and other prestigious
awards; and,
WHEREAS, Jayden Daniels, based upon his athletic and academic
accomplishments, has brought immense pride and honor to the residents of
San Bernardino, serving as an inspiration and role model for aspiring
athletes and youth within our community; and,
WHEREAS, January 20, 2024, marks a momentous day to honor the
outstanding contributions, achievements, and exemplary character of
Jayden Daniels.
WHEREAS, On January 20, 2024, the San Bernardino community will be
coming together to celebrate Jayden Daniels success with a parade and
community celebration.
NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City
Council of the City of San Bernardino, do hereby designate January 20,
2024, as "Jayden Daniels Day" in the City of San Bernardino. We
encourage all residents to join us in celebrating and acknowledging Jayden
Daniels' exceptional accomplishments and his positive impact on our
community.
Presented this 17th Day of January 2024
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Department:City Manager's Office
Subject:San Bernardino County Fire Protection District FP-5
Presentation
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www.sbcfire.org
San Bernardino County Fire
Protection District
FP-5
What is it, and what is its impact?
Dan Munsey, Fire Chief/Fire Warden
January 3, 2024
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www.sbcfire.orgSan Bernardino County Fire Protection District
Duty, Honor, Community
San Bernardino County Fire Protection District (“County Fire”)
•19,278 square miles: 78% of this is state or federal land
•We are a California special district and not a department of San
Bernardino County
•We are bound by the Fire Protection District Law
(California Health & Safety Code §13800, et seq.)
•In 2023, we responded to almost 196,000 calls for emergency
service - emergency medical, hazardous materials, rescues,
aircraft, marine, and many other “all-risk” emergencies.
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www.sbcfire.orgSan Bernardino County Fire Protection District
Duty, Honor, Community
City of San Bernardino and County Fire
•The City of San Bernardino was annexed into the San
Bernardino County Fire Protection District in 2016
•Two stations had been closed since the City’s bankruptcy prior
to annexation
•Station 223 since 2015
•Station 230 since 2014
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www.sbcfire.orgSan Bernardino County Fire Protection District
Duty, Honor, Community
What is FP-5?
•An annual assessment voted for by residents in 2008 to provide
for Fire, Rescue and EMS services by the San Bernardino
County Fire Protection District
•This assessment was expanded in 2018 to include all areas
where County Fire provides emergency services
•FP-5 currently accounts for 20% of County Fire’s annual
operating budget
•FP-5 directly pays for fire stations
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www.sbcfire.orgSan Bernardino County Fire Protection District
Duty, Honor, Community
Calls for Service in the City of San Bernardino
Responses in the City of San Bernardino for 2023
52,332
Responses for Medic Engine 224 in 2023
6,524
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www.sbcfire.orgSan Bernardino County Fire Protection District
Duty, Honor, Community
How does FP-5 impact the City of San Bernardino?
•Revenue from FP-5 allowed County Fire to continue Fire,
Rescue and EMS services during the City’s bankruptcy
•Revenue collected within the City must be spent in the City
•The City currently has 9 fire stations in operation
•Four of these stations are fully funded by FP-5
•This includes Station 224
•Medic Engine 224 is the busiest engine company in the nation
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www.sbcfire.orgSan Bernardino County Fire Protection District
Duty, Honor, Community
How does FP-5 impact the City of San Bernardino?
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www.sbcfire.orgSan Bernardino County Fire Protection District
Duty, Honor, Community
What’s projected to happen without FP-5?
•There is currently no replacement revenue available
•Nine stations are currently in operation
•Four of these stations are fully funded by FP-5
•Possible station closures to close the budget deficit
•Expected increase in response times
•Expected increase in insurance premiums due to fewer resources for
fire response
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Fred Shorett, Mayor Pro Tempore/Council Member, 4th Ward
Department:Council Office
Subject:Animal Control Commission Removal
Recommendation:
Approve the removal of Sharon A. Negrete from the Animal Control Commission,
effective immediately.
Executive Summary
Sharon A. Negrete was appointed by the Mayor and City Council to the Animal Control
Commission on July 19, 2023. It is recommended that the Mayor and City Council
approve Ms. Negrete’s removal from the commission effective immediately.
Background
The Animal Control Commission was established by resolution 2018-45 to conduct the
following:
•Serve as an advisory capacity to the Mayor and City Council, making
recommendations on strategies, policies, and programs designed to ensure
quality care for animals housed at the City of San Bernardino’s Animal Shelter;
•Serve as a liaison to the Mayor, the City Council, and the city staff on behalf of
the community in matters related to the City of San Bernardino’s Animal Shelter
Services;
•Increase awareness of animals available for adoption at the shelter;
•Educate the community regarding the humane treatment of animals and other
matters related to animal shelter services; and
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•Address such matters as may otherwise be assigned to the Animal Control
Commission under the provisions of the San Bernardino Municipal Code or by
City Council action.
Discussion
The Animal Control Commission is comprised of nine (9) members appointed by a
vote of the Mayor and entire Council, as provided for in section 2.17 of the Municipal
Code, to serve without compensation. Members of commissions serve at the
pleasure of the Mayor and City Council and may be removed without cause by Mayor
and City Council action in an open public meeting.
Sharon A. Negrete was appointed by the Mayor and City Council to the Animal Control
Commission on July 19, 2023. It is recommended that the Mayor and City Council
Approve Ms. Negrete’s removal from the commission effective immediately.
2021-2025 Strategic Targets and Goals
The proposed appointment aligns with Key Target No. 5: Focused, Aligned
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
Fiscal Impact
None
Conclusion
Approve the removal of Sharon Negrete from the Animal Control Commission, effective
immediately.
Attachments
Attachment 1 - Boards, Commissions & Citizen Advisory Committees
Handbook
Attachment 2 - Municipal Code Chapter 2.17
Attachment 3 - Resolution No. 2018-45 Establishing Animal Control
Commission
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
On February 21, 2018, the Mayor and City Council adopted Resolution No. 2018-45,
adopting the Animal Control Commission.
On July 19, 2023, Sharon A. Negrete was appointed to the Animal Control
Commission.
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Boards, Commissions
& Citizen Advisory Committees
HANDBOOK
Updated: February 17, 2021
sbcity.org
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TABLE OF CONTENTS
Introduction .................................................................................................................................................. 3
Guiding Principals ........................................................................................................................................ 4
Job Statement ............................................................................................................................................ 4
Vision for the Future ................................................................................................................................... 4
Operating Paradigm ................................................................................................................................... 4
Goals and Objectives ................................................................................................................................. 5
How City Government Works ...................................................................................................................... 5
City Charter ................................................................................................................................................ 5
City Organization ....................................................................................................................................... 5
Organizational Chart .................................................................................................................................. 7
Commission Basics ..................................................................................................................................... 8
Opportunities to Serve ............................................................................................................................... 8
Membership Qualifications & Appointment Process ................................................................................... 8
Term of Office ............................................................................................................................................ 9
Ethics and Conflict of Interest ..................................................................................................................... 9
Meeting Basics ........................................................................................................................................... 11
Bylaws and Procedures ........................................................................................................................... 11
Communications ...................................................................................................................................... 13
Role of the City Staff Liaison and Commission Members ......................................................................... 13
Absences, Leaves of Absence, and Resignations .................................................................................... 14
The Brown Act ............................................................................................................................................ 15
Overview .................................................................................................................................................. 15
Brown Act Provides for Public Comments ................................................................................................ 15
Public Comments at Special Meetings: ................................................................................................................... 16
Limitations on Length and Content of Public's Comments: ................................................................................. 16
Common Questions about the Brown Act ................................................................................................. 16
Tips for Being an Effective Commissioner ............................................................................................... 18
Understanding Your Role and Scope of Responsibility ............................................................................ 18
Prepare Ahead for Meetings .................................................................................................................... 18
Encourage and Honor Public Participation ............................................................................................... 19
Respect Individual Viewpoints .................................................................................................................. 19
Communicate Effectively .......................................................................................................................... 20
Special Tips for the Chairperson .............................................................................................................. 20
Managing Difficult Meetings ..................................................................................................................... 21
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INTRODUCTION
Congratulations on your appointment as a member of one of the City of San Bernardino’s boards, commissions or
citizen advisory committees. On behalf of the Mayor and City Council, welcome aboard!
Public involvement is crucial to the City’s decision-making process, and appointed advisory bodies are an
important and valued part of City government. There are particular areas of decision-making which benefit from
the advice and counsel of qualified residents. The members, who serve without compensation, are appointed
based on their interest and expertise in areas such as transportation, parks and recreation and zoning. By advising
the Mayor, City Council and staff, bringing new ides to the table, and representing all of the diverse elements of
our community, members of advisory bodies assist the Mayor and City Council in making the best, most informed
decisions possible, for the benefit of the community.
Serving on one of the City’s boards, commissions or citizen advisory committees can be a fascinating and
rewarding experience. As a member you will be charged with formulating new ideas, information gathering,
receiving public testimony and comments, analyzing complex issues, and making recommendations on specific
projects and broad policy issues to help the Mayor and City Council to make better-informed decisions.
This handbook has been prepared to explain the responsibilities of citizen advisory bodies’ and their relationship
with the organization, the Mayor and City Council, and other government officials. In addition, operating
procedures, the Ralph M. Brown Act, parliamentary procedures, and applicable City ordinances will be addressed
in brief. Please note that for the purpose of this handbook, “Commissions” and “Commissioners” are inclusive
terms used to represent all of the City’s boards, commissions and citizen advisory committees and their
membership.
Thank you for volunteering your time and skills to enhance our community. We appreciate your participation and
look forward to working with you.
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GUIDING PRINCIPALS
JOB STATEMENT
The job of the City of San Bernardino is to create, maintain, and grow economic value in the community.
VISION FOR THE FUTURE
WE ENVISION a world class city which capitalizes on its location, the diversity of its people and its economy to
create a broad range of choices for its residents in how they live, work, and play.
WE ENVISION a thriving city possessing a sustainable system of high-quality education, community health,
public safety, housing, retail, recreation, arts and culture and infrastructure.
WE ENVISION a vibrant economy with a skilled workforce that attracts employers who seek the unique
opportunities the city has to offer and provide jobs that create citywide prosperity.
WE ENVISION a model community which is governed in an open and ethical manner, where all sectors work
collaboratively to reach shared goals.
WE ENVISION a city that is recognized as the county's business and government center and a home for those
seeking a sense of community and the best life has to offer.
OPERATING PARADIGM
The City of San Bernardino is a municipal corporation.
The City Council functions as the elected Board of Directors of the corporation, the Mayor as the Chair of the
Board, and the City Manager as the appointed CEO.
The City needs revenue to pay for services and amenities and maintain the built environment.
Income for the corporation comes directly or indirectly from anyone spending money in the City. They are
investing in San Bernardino.
Each of those investors has a choice whether to spend their money in the City of San Bernardino or
another jurisdiction.
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Therefore, the City is in competition for that
investment.
The level of service, the amenities, the breadth of
choices of lifestyle and the quality of life help to
determine where investors will choose to spend
their money.
Every single interaction we have is an opportunity
to win or lose that investment.
GOALS AND OBJECTIVES
Each year, the Mayor and City Council establish the City’s goals and objectives which define the priorities for the
City and guide resource allocation. These goals and objectives are published on the City’s website, City newsletter
and other publications and are distributed throughout the organization.
HOW CITY GOVERNMENT WORKS
CITY CHARTER
San Bernardino is a "charter" City as contrasted to a "general law" City. Under California law, the authority of a
general law City is derived only from the powers granted to it by the general laws adopted by the State Legislature
pertaining to the organization and operation of a municipality, and from the police power granted to it by the State
Constitution. A charter City's power is not defined or limited by the State's general laws. Instead a charter City's
powers are defined by the City's charter, subject only to the limitations of the State Constitution. As a result,
charter cities usually have more operational latitude than do the more prevalent general law cities. A charter
serves as the City's "constitution" and may only be amended by a vote of the people.
CITY ORGANIZATION
The City of San Bernardino operates under a Council-Manager form of government. The Mayor is elected by the
voters at large and serves a four-year term of office. The seven members of the City Council are elected by voters
within their respective wards to serve a four year term of office. The Mayor and City Council are the governing
body of the City and are vested with all the regulatory and corporate power for the Municipal Corporation. Since
the members are elected directly by the electorate, they are accountable to the people for their actions. All
members of a citizen advisory body serve in an advisory capacity to the Mayor and City Council. It is their
responsibility to offer recommendations, not to set or establish either City policy or administrative direction. The
City Charter and the Municipal Code provide that the City Manager shall be the chief executive officer and the
head of the administrative branch of City government. The City Manager is responsible to the Mayor and City
Council for the administration of all affairs of the City. The Mayor and City Council appoint the City Manager
who directs most City Departments, other than the Water Department and Library which are governed by
separate boards.
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The heads of departments are appointed by the City Manager except the City Attorney and City Clerk. Department
heads are responsible to the City Manager for the efficient and effective operations of the functions assigned to
them and to provide staff assistance, as needed, to the commissions. However, commissions have no authority to
supervise or direct the work of a department. City departments include Finance, Human Resources, Information
Technology, Public Works, Police and Community and Economic Development.
Under the City Charter, the City Clerk and the City Attorney will transition from elected to appointed positions in
March 2020. The duties of the elected City Treasurer will be transferred to the Finance Department in March 2020.
The City Attorney is the chief legal advisor to the Mayor, City Council, City Manager, and all City departments. The
City Clerk is responsible for giving notice of meetings of the legislative body and maintaining a record of meetings.
The City of San Bernardino currently has eleven (11) citizen advisory bodies including the:
1.Animal Control Commission
2.Arts and Historical Preservation Commission
3.Charter Review Committee
4.Elected Official Compensation Advisory Commission
5.Library Board
6.Measure “S” Citizens Oversight Committee
7.Parks, Recreation and Community Services
Commission
8.Personnel Commission
9.Planning Commission
10.Public Safety and Human Relations Commission
11.Water Board
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Organizational Chart
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COMMISSION BASICS
Opportunities to Serve
Commissions provide an opportunity for interested residents to participate in the governing of their community
under guidelines and procedures established by the Mayor and City Council. Commissions can improve the quality
of City government by providing the Mayor and City Council with resources to make better-informed decisions.
There is considerable variety in the purpose or charge of these bodies. Some are required by State law or the
Charter and are directed to guide certain City activities such as community planning or personnel affairs. Others
have been created by the Mayor and City Council to serve San Bernardino’s unique needs. Some bodies
considered “technical” or “special purpose” have been formed to address defined subjects and frequently require
members with specific areas of expertise. The authority of a Commission will depend upon its specific purpose.
Membership Qualifications & Appointment Process
Standing advisory bodies are established by the Mayor and City Council by either ordinance or resolution.
Membership is defined in the enabling legislation and all members are appointed by the Mayor and Council.
Members are selected:
•On the basis of interest, experience and knowledge in the field pertinent to the commission.
•To represent a particular segment of the community.
•From a broad representation of community interest and expertise.
Most advisory bodies meet regularly at established times. Technical or special-purpose bodies may meet regularly
or only when projects or proposals require their attention.
Only residents who are registered voters within the City limits are eligible to apply to a commission. In some
instances, the residency requirement may be satisfied by business ownership or another relationship with the City
as set by Ordinance. City employees are not eligible to
serve on a City commission.
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Basic elements of the appointment process are as follows:
1.The Maddy Local Appointive List Act of 1975 (Government Code §54972, et seq.) provides that an
appointment list be prepared each year by the City Clerk and be posted by December 31st noting the
names of members whose terms will expire in the coming year as well as their appointment date and
qualifications for being a member of each commission.
2.Each person seeking appointment or reappointment to a commission will need to obtain and file an
application in the City Council’s office. Applications may be submitted for a vacancy that currently exists
or which may occur in the future.
3.Each person seeking appointment or reappointment to a commission will need to obtain and file an
application in the City Council’s office. Applications may be submitted for a vacancy that currently exists
or which may occur in the future.
4.City Council staff will provide your application to any elected official who has a vacancy on the
commissions for which you have submitted an application.
5.Once the Mayor or a City Council Member has selected an applicant to serve on a commission, an item
will be placed on a City Council agenda and the Mayor and City Council will consider the appointment. If
approved, the City Clerk will issue the Oath of Office to the newly appointed commissioner.
Term of Office
The term of office for each commission varies depending upon the specific board, commission or citizen advisory
committee. Generally the term of office for five (5) member boards and commissions is four (4) to six (6) years.
The term of office for appointees to all other boards, commissions and citizen advisory committees coincides with
the appointing officer’s term in office. If the Mayor or a Council Member is re -elected, he/she will re-appoint their
Commissioners, if so desired, or appoint new commissioners. Members of commissions serve at the pleasure of
the Mayor and City Council and may be removed without cause by Mayor and City Council action in an open
public meeting.
Ethics and Conflict of Interest
1.The duties of a commission member must be performed in good faith and in a manner which the
member believes to be in the best interest of the City.
2.It is improper for any member of a commission to utilize for personal gain any information which is
received by reason of said membership and is not a matter of public record.
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3.No member of a commission can have a financial interest in any contract or other transaction involving
the commission. The member must promptly disclose such interest in any proposed activity of the
commission and not participate in any related deliberations or actions on the matter.
4.The Political Reform Act of 1974 and the City’s Conflict of Interest Code require certain elected and
appointed officials and designated employees to disclose personal financial interests that might be
affected while they are performing their duties. This disclosure helps to inform the public about potential
conflicts of interest. Most of the City’s Commissions are solely advisory, meaning that final decisions
are made by the Mayor and City Council, and therefore are not required to file Statements of Economic
Interest (Fair Political Practices Commission Form 700).
The following commissions have limited decision-making authority and are, therefore, required to file
Statements of Economic Interest (Form 700) and complete two hours of ethics training pursuant to
State Law and the City’s Conflict of Interest Code. Ethics training must be completed within one year of
assuming office and renewed at least once every two years thereafter.
1)Library Board
2)Personnel Commission
3)Planning Commission
4)Water Board
Statements of Economic Interest (Form 700) are filed electronically. Within one week of your
appointment the Office of the City Clerk will send an e-mail notification including a link and filing
instructions.
Filing dates for the Statements of Economic Interest (Form 700) mandated by State law are as follows:
Assuming Office Statement – Must be filed within 30 days of taking office.
Annual Statements – Must be filed by April 1st of each year.
Leaving Office Statement – Must be filed within 30 days of leaving office.
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5.Individual Commission members should avoid making public comments on Council actions or public
policies that might appear to represent the official position of their commission. Commission actions,
with the voting of each member, are conveyed to the Mayor and City Council in the form of official
minutes or by resolution. The chairperson of a commission is the spokesperson for the commission.
6.Questions regarding possible ethical issues or conflicts of interest should be reviewed with the
Chairperson, City Attorney, City Clerk, or staff liaison, as appropriate under the circumstances, in
advance of the subject meeting or discussion.
MEETING BASICS
Bylaws and Procedures
1.Bylaws: The bylaws approved by the Mayor and City Council establish the operating guidelines for
each commission including rules of order as well as the election and roles and responsibilities of
officers.
2.Parliamentary Procedures: All commission meetings must be conducted in accordance with City
practices and policies. Rosenberg’s Rules of Order are used as a guide in conducting meetings.
General parliamentary principals include:
a)One speaker at a time; one subject at a time
b)Business must be conducted
c) All members are equal
d)The majority decides
e)The rights of the minority must be protected
f)Silence denotes consent
g)Respect everyone
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3.Selection of Officers: The first order of business on the agenda at the first regular meeting in January
will be the election of officers. The Chair and Vice Chair are elected by a majority of the commissioners
present. If no member gets a majority of the votes cast, a second vote will be taken between the two
members that received the most votes. The Chair is responsible for presiding at all meetings,
submitting all motions to vote and ensuring the orderly conduct of the meeting. In the absence of the
Chair, the Vice Chair assumes and preforms the duties of the Chair.
4.Meetings & Events: All regular meetings must be held at the established time and place set by the
Mayor and City Council. Special meetings may be held pursuant to State Law.
5.Meeting Recordings: It is recommended that commission meetings be audio-recorded; however, it is
not required. If meeting audio is recorded, recordings must be retained in accordance with the City’s
approved Records Retention Schedule.
6.Action Minutes: The staff liaison or recording secretary for each commission must record the official
actions taken by the commission. Minutes must be prepared and retained permanently in an “action
minutes” format. Written minutes must be approved by the commission to become the official record of
its activities. Additions or corrections of minutes are to be made at a public meeting with the approval of
the commission. Copies of the commissions approved meeting minutes must be provided to the Mayor
and City Council.
7.Correspondence from the Public: Written correspondence received from members of the public
regarding any agenda items are retained as part of the official record of the meeting. Consistent with
City Council practice, citizens are encouraged to present written comments (including emails) at least
one day prior to the meeting. This provides Commissioners with a greater opportunity to review and
consider issues and/or concerns expressed in written communications prior to a meeting.
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8.Public Comments on Agenda Items:
Consistent with City Council practice for
receiving public testimony on agenda items
(with the exception of certain types of public
hearings), commissions are encouraged to limit
public comments to three (3) minutes per
speaker to ensure that everyone who wishes to
be heard has the opportunity to do so. The
Chair, with the consensus of the commission,
may allow additional brief testimony from
speakers who have already commented on the
same agenda item; however, speakers should
not be allowed to yield their time to another speaker (Reference Resolution No. 2018-89).
Communications
1.Written Reports: Commissions are occasionally requested to make special reports or recommendations
to the Mayor and City Council on specific subjects. The Mayor and City Council may make this request
in writing, with specific direction as to the approach, scope, and schedule for the study desired. These
recommendations often play a major role in assisting the Mayor and City Council to reach a final
decision on important issues.
2.Statements: A commission does not have authority to speak for the City. If the body wishes to
recommend that a statement be made by the City, such as a letter to state the City’s position, it shall be
submitted to and receive approval of the Mayor and City Council.
3.Public Forums and Surveys: A commission cannot sponsor or co-sponsor a public forum, meeting, or
survey without the prior approval of the Mayor and City Council.
4.Personal Testimony: If a member of a commission appears before the Mayor and City Council (or
another commission) in a capacity other than as representative of his/her advisory body, it should be
explained in advance that any statements made are not to be construed as representing the opinions or
recommendations of the commission on which he/she serves and constitutes his/her personal views.
5.Changes: Changes in a member’s address or telephone number, and the names of new officers must
be submitted to the City Clerk and commission staff liaison as soon as possible.
Role of the City Staff Liaison and Commission Members
The Water Board and the Library Board have administrative responsibilities including the power to appoint,
discipline and dismiss employees. For all other commissions staff support and assistance is provided, but
commissions do not have supervisory authority over City employees. While they may work closely with
commissions, staff members remain responsible to their immediate supervisors and ultimately to the City
Manager.
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The commission members are responsible for the functions of the commission and the chairperson is responsible
for commission compliance with the policies outlined in this handbook.
Staff support includes preparation of the agenda and agenda reports providing a background of the issue,
alternatives, recommendations, and appropriate backup material, as necessary. Staff will assist commissions in
the conduct of public meetings and ensure that the business listed on the agenda is addressed. Commission
members should have sufficient information to reach decisions based upon a clear explanation of the issues
involved. The staff liaison or recording secretary for each commission ensures that meetings are recorded and
action minutes are taken as needed.
The staff liaison is responsible for ensuring the Commission’s agendas are posted as required under the Brown
Act and that copies of the Commission’s agendas and action minutes are provided to the Mayor and City Council
for review.
Absences, Leaves of Absence, and Resignations
1.Attendance: If a commission member fails to attend three (3) consecutive regular meetings without
excuse from the chair, that member will be considered resigned and cease to be a member. The
chairperson of the commission will need to inform the former member and advise the appointing
member of the declared vacancy.
2.Absences: Because of quorum requirements, when an absence is anticipated, the individual
commission member is responsible for notifying the chairperson or the staff liaison in advance and the
absence will be counted in that member’s attendance record.
3.Leaves of Absence: Leaves of absence are not granted to commission members except under very
unusual circumstances and when authorized in advance by the Mayor and City Council.
4.Resignation: In the event a member finds it necessary to resign from a commission, a letter of
resignation stating the effective date of the resignation must be submitted to the Mayor and Council
through the staff liaison or City Council’s Office.
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THE BROWN ACT
Overview
The State Legislature has declared that the actions of public bodies be taken openly and that their deliberations be
conducted openly. California’s Ralph M. Brown Act, also known as the “open meeting law,” applies to all
commissions, and requires that they:
1.Meet within the jurisdictional limits of the City.
2.Post their agenda 72 hours before a regular meeting containing a brief general description of each item
of business to be transacted or discussed.
3.Hold open and public meetings.
4.Provide in bylaws or rules for time and place of regular meetings, if regular meetings are to be held.
5.A meeting is defined as a gathering of a majority (quorum) of the commission for the purpose of
discussing items before the commission or conducting other business of the commission. If a quorum is
not present the meeting will need to be canceled and scheduled for a later date. It is important to
understand that the Brown Act generally prohibits any action or discussion of items not on the posted
agenda. There are special posting requirements for commission agendas:
•Regular Meetings – 72 hours in advance
•Special Meetings – 24 hours in advance
•Adjourned Meetings – a regular or special meeting may be adjourned to a specific time and
place (usually to continue a public hearing or other business). A special notice is required and
should be posted within 24 hours of adjournment.
Brown Act Provides for Public Comments
The Brown Act mandates that regular meeting agendas allow for two types of public comment periods. The first is
a general audience comment period, where the public can comment on any item of interest that is within subject
matter jurisdiction of the local agency and that is not listed on the posted agenda. This general audience comment
period may come at any time during a meeting.
The second type of public comment period is the specific comment period pertaining to items on the commission’s
agenda. The Brown Act requires that the commission allow these specific comment periods on agenda items to
occur prior to or during the commission’s consideration of that item, including consent calendar items.
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Public Comments at Special Meetings: The Brown Act
requires that agendas for special meetings provide an
opportunity for members of the public to speak about any
item listed on the agenda prior to the Commission’s
consideration of that item. Therefore, for special meetings,
commissions must allow public comments for items on the
agenda, however (unlike regular meetings); a public
comment period for items not on the agenda is not required.
Limitations on Length and Content of Public's Comments: The Brown Act allows a legislative body to adopt
reasonable regulations limiting total amount of time allocated for public testimony. In San Bernardino, the Mayor
and City Council have established a typical time limit for speakers of three (3) minutes.
Commissions may not to prohibit public criticism of policies, procedures, programs, or services of the City or acts
or omissions of the City. This does not mean that a member of the public may speak on “anything.” If the topic is
not within the subject matter jurisdiction of the commission, the Chair should remind the speaker to direct his/her
comments to only those subjects within the Commission’s purview.
Common Questions about the Brown Act
The following is intended to give commission members a broad understanding of the Brown Act. Please consult
with the staff liaison, the City Clerk, or the City Attorney for more specifics.
1.What are serial meetings?
A serial meeting is any direct communication amongst a majority of the members, outside of a meeting,
to develop a collective concurrence as to action to be taken on an item by the members. Serial meetings
are strictly prohibited by the Brown Act.
Even though a majority of members never gather in a room at the same time, a Brown Act violation may
occur if ideas are exchanged among the majority by going through any person acting as an intermediary
(including staff), and/or through the use of a technological devices, e.g. telephone answering machine,
computer email, or voice mail.
2.What are some examples of serial meetings?
The most common example of a serial meeting is when “Member A” calls “Member B” and then “Member
B” calls “Member C,” and so on to share ideas among a majority of the commission.
Another example: A member of a five-member commission receives a letter regarding City business
and writes a note on that letter that says "I agree," and then provides a copy of the letter to two
other members.
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Email can also be troublesome. Here’s an example of how easy it can be to unintentionally conduct a
serial meeting: A staff member sends out via email a document in draft form for review by the
commission prior to a meeting. “Member A” recommends to staff a revision and copies fellow commission
members. “Member B” disagrees with the proposed change and others begin to “weigh in” on the subject.
3.This seems restrictive... aren’t there any exceptions?
Of course, prohibition against serial meetings does not prohibit all communication between individuals
regarding City business. The Brown Act only prohibits use of serial meetings for the purpose of
"developing a collective concurrence" concerning an issue. This does not prohibit a staff person from
"briefing" members provided that the briefing is limited to furnishing information, and the staff person
does not solicit opinions concerning an appropriate course of action for the City and then share them
among the members.
4.What’s a Quorum?
A quorum is the majority (more than half) of the total number of established members of the commission.
A quorum must be present for any business discussion or action to take place. A quorum must be
present for the duration of a meeting. If a member leaves during the meeting, resulting in the lack of a
quorum, no further business may be conducted and the meeting must be adjourned.
If vacancies exist on the commission, those vacant positions still count towards the quorum. For example,
if one seat is vacant on a five-member body, and two members are absent there is not a quorum.
5.What are some exceptions to the Brown Act?
Commission members may attend and/or participate in the following as long as a majority of the
members do not discuss amongst themselves matters that are within the subject jurisdiction of
the commission:
Informational or educational workshops or conferences
Community meetings, such as town hall meetings, workshops, forums, etc., not sponsored
by the commission
A meeting of another body of the local agency
Social or ceremonial events.
6.Can a commission conduct a retreat?
“Team building” or “goal setting” retreats may be held, but they must be held within the City, be properly
noticed, and be open to the public.
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TIPS FOR BEING AN EFFECTIVE COMMISSIONER
Understanding Your Role and Scope of Responsibility
After appointment by the Mayor and City Council, the assigned staff liaison will present new commission members
with a useful binder of information about the City, which includes this handbook. In addition, the City staff member
designated to serve in support of your commission will schedule an orientation appointment with you. This is your
chance to learn more about City government and the scope of responsibility of the commission to which you have
been appointed.
Prepare Ahead for Meetings
Most citizens understand when they apply to serve on a commission that they will be making a commitment of time
to attend meetings, but many are often surprised by the amount of time it takes to prepare properly for a meeting.
Being prepared is key to making good decisions and will strengthen the value of your Commission’s
recommendations.
1.Do your homework! This involves setting enough time aside to review thoroughly and consider the entire
agenda packet in advance of the meeting.
2.Agendas generally are distributed at least 72 hours in advance of the meeting. When you receive your
agenda packet, read it carefully. Be prepared to discuss fully, evaluate, and act on all matters scheduled
for consideration. Think about:
a.The number of items.
b.Those items that may be controversial.
c. Difficult procedural items.
d.Issues you know little about.
3.Visit any sites or facilities that will help you
understand the issues.
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4.Start a list of questions for staff.
5.Call or meet with staff before the meeting to learn more, if need be. Getting more information ahead of
time may make your decision-making easier and help move the meeting. Your questions may also alert
staff to issues that others may also be pondering. Advance knowledge assists staff with preparing oral
reports and adequately addressing the issues during the meeting.
6.Show up on time and be ready to work.
Encourage and Honor Public Participation
Some commission meetings are well attended by the public and others are not. Nevertheless, it’s important to
remember that everyone is entitled to his or her own opinions.
Some members of the public are quite used to speaking before a public body, but most are not. Individuals may
address the commission to either present an issue or concern, or to speak for or against an item. This may be the
first time they have ever done this, and they may find the experience intimidating. Anxiety can be expressed in a
variety of ways, including aggressiveness or forgetfulness, so be patient and remember to:
1.Be fair and consistent.
2.Pay attention to all speakers and actively listen to what they are saying.
3.Ask questions for clarification, but avoid debate or “cross-examining.”
4.Be sure that your body language is not sending mixed or negative messages.
Respect Individual Viewpoints
It is important to remember to treat fellow members of your commission, staff, and the public with respect and
courtesy at all times.
1.Allow others time to present their views fully.
2.Actively listen and seek to understand.
3.Avoid interrupting others.
4.Be open to new ideas.
5.Explore alternatives.
6.When necessary, agree to disagree.
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Communicate Effectively
Commission members serve as a communications link between the community, staff, and the Mayor and City
Council. You provide a channel for citizen expression. Not only is it important for you to listen carefully to others,
but you also need to be able to communicate effectively what you are hearing and thinking.
1.Take notes to remind yourself of questions you want to ask or important comments you wish to make.
2.Be direct, open, and forthright.
3.Provide rationale for opinions or recommendations.
4.Stay on topic.
5.Take your charge seriously, but maintain composure and keep your sense of humor.
6.When speaking to the public you are representing the majority views of your commission.
Personal opinions should be clearly identified as such.
7.Speak clearly and be sure people can hear you.
8.If you wish to communicate using electronic mail (email), use the tool wisely. It is easy to unintentionally
violate the Brown Act, so certain caution must be exercised when using email.
Special Tips for the Chairperson
The chairperson’s main role is to provide the commission with group direction and to set the tone for meetings.
The Chair must balance being strong enough to move the meeting along and democratic enough to involve all
members in the meeting. The effective chairperson:
1.Announces each item before discussion begins.
2.Is even-handed and fair to all participants.
3.Observes specified time limits.
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4.Protects commissioners and staff from verbal attacks.
5.Solicits opinions, feelings, and positions from all members.
6.Encourages the generation of alternative solutions.
7.Protects new thoughts from being rejected prior to fair evaluation.
8.Discourages finger pointing and blame-orientated statements or questions.
9.Keeps the discussion focused on the issue.
10.Delays evaluation and analysis of alternatives until all are on the table.
11.Guides the process of screening alternatives and selecting the solution.
12.Attempts to obtain consensus.
13.Moves the meeting along and does not let the commission drift off the subject at hand.
Public Managing Difficult Meetings
Here are some additional tips for managing any meeting, but particularly the difficult ones:
1.Establish and announce rules before the meeting begins.
2.Introduce each item and possible actions.
3.Advise speakers to address the commission and not the audience.
4.Discourage clapping and shouting.
5.Use recesses to help diffuse hostility.
6.Adhere to speaker time limits.
7.Make sure that all commission members are addressing each other, through you, and not the audience.
8.Consider continuing an item for further discussion if it appears consensus may not be reached.
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Public Records Act and Public Records Retention
The state’s Public Records Act generally authorizes any person to request and receive copies of public records
maintained by any state or local agency, unless the records sought are exempt from disclosure. The definition of
“public record” is quite extensive and incorporates almost every conceivable sort of electronic or hard copy image,
document, or communication that relates in a substantive way to the conduct of City business, that is in the
possession of a public employee or official. Public records are required to be retained by public agencies under a
different set of statutes for varying periods of time. Public records stored on either City or personal devices and
accounts must comply with the Public Records Act and retention statutes. See the City‘s Records Retention Policy
for what constitutes a public record that must be retained.
Commission members that receive records substantively relating to City business, either hard copy or electronic,
at home or work, should forward them to appropriate City staff for storage and retention on the City’s system.
No commission member has a City-managed email account. Each commission member is required to forward
email records pertaining to their conduct of City business, received directly or through private accounts or devices.
If a public records request is submitted to the commission the request should immediately be forwarded to the
City Clerk.
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City of San Bernardino
290 N D St, San Bernardino, CA 92401
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Juan Figueroa, 3rd Ward Council Member
Department:Council Office
Subject:Elected Official Compensation Advisory Board of Gil
Botello (Ward 3 Appointment)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the appointment of Gil Botello to the Elected Official Compensation
Advisory Board representing Ward 3 with the term ending December 2024. Gil Botello
will replace David M. Rojas. Council Staff has verified that appointee is a registered
voter within the city.
Executive Summary
Appoint Gil Botello to the Elected Official Compensation Advisory Board representing
Ward 3.
Background
Section 306 of the City Charter provides that the compensation for the Mayor and
Council Members shall be established by ordinance following a public hearing, giving
due consideration to the recommendations of an advisory commission charged with
the periodic review of compensation for city-elected officials. Compensation for the
Mayor shall be commensurate with that for a full-time position. No ordinance increasing
such salaries shall be effective until the date of commencement of the terms of council
members elected at the next regular election.
Thereafter, the Mayor and City Council adopted San Bernardino Municipal Code
Chapter 2.19 which establishes the Elected Official Compensation Advisory
Commission and provides that the commission shall consist of nine members who shall
serve at the pleasure of the Mayor and City Council. Pursuant to the Municipal Code,
each City Council Member shall nominate one member who shall serve during and for
the term of the nominating Council Member, and the Mayor shall nominate two
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members who shall serve during and for the term of the Mayor.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused,
Aligned Leadership and Unified Community by building a culture that attracts, retains,
and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to city.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the appointment of Gil Botello to the Elected Official Compensation
Advisory Board representing Ward 3 with the term ending December 2024. Gil Botello
will replace David M. Rojas. Council Staff has verified that appointee is a registered
voter within the city.
Attachments
Attachment 1 – Commission application – Gil Botello
Attachment 2 – Ordinance MC-1463
Ward:
Third Ward
Synopsis of Previous Council Actions:
February 21, 2018 Ordinance MC-1463 amended Title 2 of the San Bernardino
Municipal Code 2.19, establishing the Elected Official
Compensation Advisory Commission.
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Personnel Commission Appointment of Reginald L.
Woods (Mayor’s Appointment)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Reginald L. Woods to the Personnel
Commission. Reginald L. Woods will replace Curtis Stout. Council Staff has verified
that appointee is a registered voter within the City.
Executive Summary
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Reginald L. Woods to the Personnel
Commission.
Background
The Personnel Commission was established under Charter Section 604 and is
responsible for hearing appeals of disciplinary action filed by classified City employees.
The commission is composed of five (5) members who shall be appointed by a vote of
the Mayor and entire City Council, as provided for in section 304(b) of the Charter, to
serve without compensation. On May 5, 2003, the Mayor and City Council approved
the appointment of Curtis Stout to the Personnel Commission. Curtis Stout was
previously nominated by the Mayor and serves at the pleasure of the Mayor and City
Council.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
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Fiscal Impact
No fiscal impact to the city.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Reginald L. Woods to the Personnel
Commission.
Attachments
Attachment 1 – Commission application – Reginald L. Woods
Ward:
All Wards
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Helen Tran, Mayor
Department:Mayor's Office
Subject:Personnel Commission Appointment of Leticia O.
Briggs (Mayor’s Appointment)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Leticia O. Briggs to the Personnel Commission.
Leticia O. Briggs will replace Victor Arellano. Council Staff has verified that appointee
is a registered voter within the City.
Executive Summary
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Leticia O. Briggs to the Personnel Commission.
Background
The Personnel Commission was established under Charter Section 604 and is
responsible for hearing appeals of disciplinary action filed by classified City employees.
The commission is composed of five (5) members who shall be appointed by a vote of
the Mayor and entire City Council, as provided for in section 304(b) of the Charter, to
serve without compensation. On April 5, 2023, the Mayor and City Council approved
the appointment of Victor Arellano to the Personnel Commission. Victor Arellano was
previously nominated by the Mayor and serves at the pleasure of the Mayor and City
Council.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
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Fiscal Impact
No fiscal impact to the city.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Leticia O. Briggs to the Personnel Commission.
Attachments
Attachment 1 – Commission application – Leticia O. Briggs
Ward:
All Wards
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Kris Watson, Director of Animal Services
Department:Animal Services
Subject:California for All Animals Grant Award
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-001:
1. Accepting a grant award in the amount of $125,000 from UC Davis for animal
services programs; and
2. Authorizing the City Manager to conduct all negotiations, signings, and
submittals of all necessary documents to receive the grant award; and
3. Authorizing the Director of Finance and Management Services to amend the FY
2023/24 Budget to appropriate $125,000 of the grant funding in both revenues
and expenditures for animal shelter programs and services.
Executive Summary
On December 19, 2023, the UC Davis Koret Shelter Medicine Program awarded a
California For All Animals grant award in the amount of $125,000.00 to the City of San
Bernardino Department of Animal Services. The award will be utilized to help pet
owners secure veterinary care for their companion animals, including spay and neuter
services, at participating veterinarians through a voucher program. There is no fiscal
impact to the City for accepting the California for All Animals grant award.
Background
In 2021, Governor Newsom approved $50 Million dollars in grant funding for the UC
Davis Koret Shelter Medicine Program to distribute to animal shelter and animal control
organizations in the State of California under the California for All Animals initiative.
The goal of the grant funding is to reduce euthanasia of healthy and treatable animals
impounded at shelters in California. Grant applications for this year were focused on
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preventing intake and keeping pets in their homes, decreasing length of stay in the
shelter, and increasing live outcomes through foster, adoption and return to
home/community. This grant cycle was titled “More Pets and People Together” and the
application period ran from September 15 through September 29, 2023.
Discussion
The project proposal the Department submitted for the “More Pets and People
Together” is focused on helping the community keep their pets, reducing impounds at
the shelter and offering support to pet owners through a veterinary voucher program.
The $125,000.00 in grant funding will be utilized for vouchers that can be used by pet
owners at multiple veterinarians throughout our region for spay, neuter, dental
procedures, or other necessary veterinary medical care. The vouchers will be issued
in amounts up to $500.00 per pet to help owners in our community cover the cost of
veterinary bills. The Department is in contact with veterinary offices in our region to
secure their participation in this initiative.
2021-2025 Strategic Targets and Goals
This project is consistent with Strategic Target No. 2: Focused, Aligned Leadership
and Unified Community through community engagement and additional support for pet
owners and Strategic Target No. 3: Improved Quality of Life for our residents and their
pets by helping them secure needed veterinary care, including spay and neuter
services at participating veterinarians in our region.
Fiscal Impact
There is no fiscal impact to the general fund for this project. The budget for fiscal
year 2023/24 will need to be amended to include the $125,000 in grant funding.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-001:
1. Accepting a grant award in the amount of $125,000 from UC Davis for animal
services programs; and
2. Authorizing the City Manager to conduct all negotiations, signings, and
submittals of all necessary documents to receive the grant award; and
3. Authorizing the Director of Finance and Management Services to amend the FY
2023/24 Budget to appropriate $125,000 of the grant funding in both revenues
and expenditures for animal shelter programs and services.
Attachments
1. Attachment 1: Notification of California for All Animals Grant Award
2023
2. Attachment 2: UC Davis Grant Agreement
3. Attachment 3: Resolution 2024-001
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Ward:
All Wards
Synopsis of Previous Council Actions:
May 4, 2022 Mayor and City Council adopted Resolution No. 2021-75,
accepting a $5,000 California for All Animals welcome grant
award from UC Davis.
August 17, 2022 Mayor and City Council adopted Resolution No. 2022-176,
accepting $200,000 in grant funding from UC Davis.
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From:Emily Leverentz
To:Kristine Watson
Cc:grants@californiaforallanimals.com; Nadia Oseguera; Rebecca L Stuntebeck
Subject:Notification of California for All Animals Grant Award
Date:Tuesday, December 19, 2023 2:37:08 PM
Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments.
Hi Kris,
Thank you for submitting a More Pets and People Together Grants proposal on behalf of San
Bernardino City Animal Shelter. I am pleased to notify you that your proposal has been selected as
a grant recipient by the California for All Animals program. Although we could not fund the proposal
in its entirety, we are able to provide a grant in the amount of $125,000 for a one-year term.
Below is the recommended scope of work based on what you provided in the proposal and the
recommendations made by the California for All Animals team and Advisory Council:
Veterinary care vouchers
Based on your upcoming project, we would like to offer you the opportunity for ongoing
collaboration with the Koret Shelter Medicine Program Outreach Team. They will be able to provide
recommendations and brainstorm with you on the following areas of your project:
Targeted approach to distributing veterinary care
Tracking progress towards decreased intake/euthanasia
Next Steps:
Reply to this email or reach us at grants@californiaforallanimals.com if you have any
questions.
Expect an email from me with the grant agreement and next steps to receive the funds.
If you have not provided your 2018-2022 intake and outcome data, you may submit it here.
Other Funding Opportunities:
Are you interested in implementing double-compartment housing in your shelter? Learn more
about double-compartment housing (also known as double-sided housing) here and complete
this brief form if you are interested in connecting with a team member to discuss portal grant
funding and installation support.
Congratulations on behalf of the UC Davis Koret Shelter Medicine Program!
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All the best,
Emily Leverentz
Program Coordinator
UC Davis, Koret Shelter Medicine Program
eileverentz@ucdavis.edu
www.sheltermedicine.com
Time Zone: MST
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UCD #_______
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UC Davis Agreement #_______
SHELTER SERVICES AGREEMENT
(San Bernardino City Animal Shelter)
THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last
signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
(“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret
Shelter Medicine Program (“Facility”) and SAN BERNARDINO CITY ANIMAL SHELTER
(“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program
(“Program”).
The parties agree as follows:
1. Shelter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached
hereto and by this reference made a part hereof (collectively the “Services”). University shall
reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit
A. “Deliverables” shall consist of report(s) and photographs, as applicable, as more fully
described in Exhibit A. Additional work shall be performed only if authorized in advance by
written amendment to this Agreement executed by both parties. To the extent that any provision
of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.
2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility
shall pay Shelter an amount not to exceed $125,000 upon invoice from Shelter and final signature
of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number
(530) 754-9183 or at e-mail address nmbei@ucdavis.edu.
3. Term. Services shall be rendered from January 1, 2024 through December 31, 2024.
4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or
otherwise suggest (i) that University supports, endorses, favors, or advances, any product or
service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors,
supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that
is advocated, promoted, advanced, or opposed by any other person or entity with respect to the
subject matter presented by Shelter.
5. Amendment. This Agreement may be amended at any time by amendment in writing and
signed by the parties, and no other change in any term or condition shall be valid or binding
unless made by amendment.
6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another
harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for
injury or damages arising from the performance of this agreement, but only in proportion to
and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages
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are caused by or result from the negligent or intentional acts or omissions of the indemnifying
party, its officers, agents, students, or employees.
7.Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs
of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover
any claims arising from their respective activities under this Agreement.
8.Force Majeure. Neither party shall be liable for damages suffered by the other party because of
University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s
control.
9.Relationship of the Parties. The parties to this Agreement shall be and remain at all times
independent contractors, neither being the employee, agent, or representative of the other in their
relationship under this Agreement.
10.Use of University’s Name. Shelter shall not use the name or mark of University in any form or
manner in advertisements, reports, or other information released to the public without the prior
written approval of University.
11.Contract Compliance. As applicable, if this Agreement is funded wholly or in part with by a
grant or contract from an agency of any state or federal government, Shelter shall comply with all
terms and conditions applicable to recipients of such funds and their contractors.
12.Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its
termination, or similar matters shall be directed to the appropriate party at the following address:
SHELTER (regarding contracts)
Kris Watson
Director
San Bernardino City Animal Shelter
333 Chandler Pl,
San Bernardino, CA 92408
E-mail: watson_kr@sbcity.org
UNIVERSITY (regarding contracts)
Business & Revenue Contracts
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: stkobayashi@ucdavis.edu
UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.
Davis, CA 95616
E-mail: ketapias@ucdavis.edu
13.University's Right to Use Data. University shall have the unrestricted right to use for its own
purposes, including publication, any data or information which may be developed, provided by
or arising in connection with the performance of this Agreement.
Steven Kobayashi
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UCD #______
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14. Governing Law. This Agreement shall be construed pursuant to California law.
15. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any
governmental sponsored program, including, without limitation, the Medicare, Medicaid, or
Champus programs (http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and
Nonprocurement Programs (https://www.sam.gov/index.html/##11#1). This agreement shall be
subject to immediate termination in the event that Shelter is excluded from participation in any
federal healthcare or procurement program.
16. Audit Requirements. The Agreement, and any pertinent records involving activities related to
the services provided pursuant to the terms and conditions of this Agreement, shall be subject to
the examination and audit of the California State Auditor and any other duly authorized agents of
the State of California for a period of three (3) years after the date of final payment hereunder.
Shelter hereby agrees to make all such records available during normal business hours to
inspection, audit and reproduction by University and any duly authorized local, state and/or
federal agencies. Any and all examinations and audits conducted hereunder shall be strictly
confined to those matters connected with the performance of this Agreement, including, without
limitation, the costs associated with the administration of this Agreement.
17. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30)
calendar days’ written notice of such action. If this Agreement is terminated, Shelter shall retain
any funds expended or committed for the purposes of this Agreement and will return any
unexpended funds.
18. Entire Agreement. This Agreement constitutes the entire understanding of the parties
respecting the subject matter hereof and supersedes any prior understanding or agreement
between them, written or oral, regarding the same subject matter.
AGREED:
SAN BERNARDINO
CITY ANIMAL SHELTER
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
By: By:
(authorized signature)
Print name:
UC Davis
Title:
Date: Date:
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UCD #_______
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Exhibit A
Scope of Work
1. Purpose of the work: San Bernardino City Animal Shelter will receive funding for veterinary
care vouchers for their community.
2. Roles and responsibilities of each party: San Bernardino City Animal Shelter will
provide historical data from 2018 to 2022, and annual data through 2026 to UC Davis
Koret Shelter Medicine Program in support of the California for All Animals (CA4AA)
program. KSMP will support the shelter to comply with data requirements. No
University equipment will be used.
3. Dates and times will the work be completed: Work will be completed during the contract
period of January 1, 2024 through December 31, 2024.
4. Location where work will be performed: 333 Chandler Pl, San Bernardino, CA 92408
5. Required deliverables: One final report will be required upon completion of the
program. Additional touch points during the grant will be discussed with project
officer.
6. Project milestones: Program pilot to be completed by December 31, 2024.
7. Total cost of the services: Total of services not to exceed $125,000. No construction costs will
be funded through this grant.
Items:
Veterinary care vouchers $125,000
Total expenses: $125,000
8. Payment schedule: Payment will be upon execution of the agreement.
9. Anticipated additional work: Additional work is not anticipated at this time.
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Resolution No. 2024-001
Resolution 2024-001
January 17, 2024
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RESOLUTION NO. 2024-001
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DEPARTMENT OF ANIMAL
SERVICES TO ACCEPT GRANT FUNDING IN THE
AMOUNT OF $125,000 FROM UC DAVIS FOR ANIMAL
SHELTER PROGRAMS; DELEGATING AUTHORITY TO
THE CITY MANAGER TO CONDUCT ALL
NEGOTIATIONS SIGNINGS AND SUBMITTALS OF ALL
NECESSARY DOCUMENTS TO RECEIVE THE GRANT
AWARD; AND AUTHORIZING THE DIRECTOR OF
FINANCE AND MANAGEMENT SERVICES TO AMEND
THE FISCAL YEAR 2022/23 BUDGET TO APPROPRIATE
$125,000 OF THE GRANT FUNDING FOR ANIMAL
SHELTER PROGRAMS AND SERVICES
WHEREAS, the City of San Bernardino Department of Animal Services has been
approved for grant funding by UC Davis through the California for All Animals program; and
WHEREAS, the City is working to help owners keep their pets; and
WHEREAS, the City is working to establish a voucher program to help citizens secure
veterinary treatment for their pets; and
WHEREAS, the grant funding would support the City in its efforts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby approves the acceptance of grant
funds from UC Davis.
SECTION 3. The Mayor and City Council hereby delegates the authority to the City
Manager to conduct all negotiations, sign and submit all documents, including, but not limited to
applications, agreements, amendments, and payment requests, which may be necessary for the
completion of the Grant Scope.
SECTION 4. The Mayor and City Council hereby authorizes the Director of Finance and
Management Services to amend the FY 2023/24 Budget to appropriate $125,000 of the grant
funding for animal shelter programs and services.
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Resolution No. 2024-001
Resolution 2024-001
January 17, 2024
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SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-001
Resolution 2024-001
January 17, 2024
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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. 2024-001, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Kris Watson, Director of Animal Services
Department:Animal Services
Subject:Accept Donation Funds from Stater Bros. Charities
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-002:
1. Accepting a donation in the amount of $7,000 from Stater Bros. Charities; and
2. Authorizing the Director of Finance and Management Services to amend the FY
2023/24 budget in both revenues and expenses and appropriate $7,000 to be used
towards animal shelter programs and services.
Executive Summary
On November 23rd, 2023, Stater Bros. Charities donated $7,000 to the Department of
Animal Services for the purchase of food and supplies to provide a special
Thanksgiving meal to all shelter animals. These donated funds not only covered the
cost of the food and supplies for the event, but they will also enable us to support
additional animal shelter programs and services.
Background
In 2021 and 2022, the Department of Animal Services held special Thanksgiving
events to provide each dog housed in the shelter with a meal consisting of ground
turkey, vegetables, rice, and a pumpkin treat. For these events, a limited number of
volunteers and staff purchased and prepared the food.
Discussion
On November 7th, 2023, the Department applied for a $1,000 grant through Stater
Bros. Charities to help cover the cost of food and supplies needed for the 2023
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Thanksgiving event. The Department also posted a volunteer flyer on November 9th,
asking for the community’s involvement with preparing and serving food to the animals
on Thanksgiving Day. The Department received over 150 responses from the
community to participate in the event, and volunteers picked up food from the shelter
on November 19th to prepare for Thanksgiving Day. Two local dog treat bakeries,
Drooly Cakes, and PawMade Treats, also donated pumpkin dessert treats for the
event.
On November 23rd, several Stater Bros. employees and other community volunteers
arrived at the event to serve food. Stater Bros. Category Manager, Kevin Mackey,
presented a check in the amount of $7,000 to Mayor Helen Tran, and Animal Services
Director Kristine Watson. This donation significantly exceeded the $1,000 grant
request amount. This generous donation not only covered the cost of the food and
supplies for the event but will enable the Department to support additional animal
shelter programs and services.
2021-2025 Strategic Targets and Goals
The acceptance of this donation is consistent with Key Target No. 1: Improved
Operational & Financial Capacity, through the opportunity for increased donation funds
which will allow the Department to implement and maintain promotional events,
highlighting adoptable animals. The acceptance of this donation also aligns with Key
Target No. 3: Improved Quality of Life through community involvement by allowing
community members to help animals at the shelter during events. These special
events give the Department an opportunity to educate and engage the community,
building trust and increasing awareness.
Fiscal Impact
There is no fiscal impact to the General Fund for this donation. The budget for Fiscal
Year 2023/2024 will be amended by $7000 in both revenue and expenditures to
account for the generous donation from Stater Bros. Charities.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-002:
1. Accepting a donation in the amount of $7,000 from Stater Bros. Charities; and
2. Authorizing the Director of Finance and Management Services to amend the FY
2023/24 budget in both revenues and expenses and appropriate $7,000 to be used
towards animal shelter programs and services.
Attachments
1. Attachment – Resolution No. 2024-002
Ward:
All Wards
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Synopsis of Previous Council Actions:
N/A
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Resolution No. 2024-002
Resolution 2024-002
January 17, 2024
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RESOLUTION NO. 2024-002
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DEPARTMENT OF ANIMAL
SERVICES TO ACCEPT DONATION FUNDS IN THE
AMOUNT OF $7,000 FROM STATER BROS. CHARITIES;
AND AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FISCAL YEAR 2023/24 BUDGET TO
APPROPRIATE $7,000 OF THE DONATION FUNDING FOR
ANIMAL SHELTER PROGRAMS AND SERVICES
WHEREAS, the City of San Bernardino Department of Animal Services has been
approved for donation funding by Stater Bros. Charities; and
WHEREAS, the City is working to increase the number of animals adopted; and
WHEREAS, the City is working to expand community engagement at the shelter; and
WHEREAS, the donation funding would support the City in its efforts.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby approves the acceptance of donation
funds from Stater Bros. Charities.
SECTION 3. The Mayor and City Council hereby authorizes the Director of Finance to
amend the FY 2023/24 Budget to appropriate $7,000 of the grant funding for animal shelter
programs and services.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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Resolution No. 2024-002
Resolution 2024-002
January 17, 2024
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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 17th day of January 2024.
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. 2024-002
Resolution 2024-002
January 17, 2024
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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. 2024-002, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary E. Lanier, Director of Community Development and
Housing
Department:Community Development and Housing
Subject:Irrevocable Agreement to Annex No. 2024-375 (Ward
5)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2024-003 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission to
provide City sewer services to a property located at 1199 West 41st Street, San
Bernardino, California, within the unincorporated territory of Arrowhead Farms; and
authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
The recommended actions are the first step to initiate proceedings for the property
owner to connect to the City Water and Sewer System. The Water Department has
indicated that there is adequate capacity at the wastewater treatment plant to serve
this property and that the existing residential use is consistent with the City's General
Plan. The Water Department has determined that there is an available 10-inch vitrified
clay pipe sanitary sewer main within the West 41st Street area, fronting the subject
parcel.
Background
In July 2023, the San Bernardino Water Department received a request for sewer
service from the owner of a parcel located at 1199 West 41st Street (APN: 0265-221-
23) for a connection to the City sewer collection system. The property owner is
abandoning the existing septic tank and is desirous of a connection to City water and
sewer collection services.
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In 1994, the California Government Code Section was amended by the addition of
Section 56133, which requires the Local Agency Formation Commission (LAFCO) to
approve the provision of new City services outside its corporate boundaries. The
annexation of single parcels is not desirable since it creates uneven boundaries and
creates confusion regarding the delivery of other City services. This property is
contiguous to City boundaries; however, annexation of this property would result in
other islands.
In September of 1997, the City of San Bernardino adopted Resolution No. 97-275, a
policy relative to the providing of sewer services outside of City boundaries. The policy
includes a payment of $1,300 for the initial sewer connection application processing
fee. Additionally, the petitioner will pay all LAFCO-related fees directly to LAFCO and
the normal sewer capacity and connection fees to the Water Department for processing
the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and
the property owner to execute an "Irrevocable Agreement to Annex" in the event that
this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater
treatment plant to serve this property and that the existing residential use is consistent
with the City's General Plan. The Water Department has determined that there is an
available 10-inch vitrified clay pipe sanitary sewer main within the area of W 41st
Street, fronting the subject parcel.
LAFCO requires the Agency providing the service to complete the application. The
resolution will allow the City to submit an application to LAFCO if approved by Mayor
and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will
be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the
General Plan and Development Code as it ensures this property meets General Plan
use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no General Fund impact associated with this item as the application
processing fee has been paid by the applicant.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2024-003 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission to
provide City sewer services to a property located at 1199 West 41st Street, San
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Bernardino, California, within the unincorporated territory of Arrowhead Farms; and
authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Attachments
Attachment 1 - Resolution No. 2024-003
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex
Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 - Exhibit C - Application
Ward:
Fifth Ward
Synopsis of Previous Council Actions:
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275
relative to the providing of sewer services outside of City
boundaries.
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Resolution No. 2024-003
Resolution No. 2024-003
January 17, 2024
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RESOLUTION NO. 2024-003
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO A PROPERTY LOCATED AT 1199
W 41st STREET, SAN BERNARDINO, CALIFORINA,
WITHIN THE UNICORPORATED TERRITORY OF
ARROWHEAD FARMS; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN IRREVOCABLE
AGREEMENT TO ANNEX
WHEREAS, RK Capital Group, a California Corporation, the owner of the property
located 1199 W 41st Street, San Bernardino, California, in the unincorporated area known as
Arrowhead Farms, also known as Assessor’s Parcel Number 0265-221-23, has requested
connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and
WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San
Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer
service outside the corporate limits of the City of San Bernardino; and
WHEREAS, pursuant to California Government Code Section 56133, a city or district
may provide new or extended services by contract or agreement outside its jurisdictional
boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and
WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting
connection to the City’s sewage system must pay all applicable fees required by the City, San
Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize
an application to the LAFCO for the connection to the City’s sewage system for property located
at 1199 W 41st Street, Assessor’s Parcel Number 0265-221-23, more fully described as follows:
The West 95 feet of the North 198 feet of that portion of Lot 33, Arrowhead Suburban
Farms, Tract A, in the County of San Bernardino, State of California, as per Plat recorded in Book
1, Page 6 of Maps, records of said County.
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Resolution No. 2024-003
Resolution No. 2024-003
January 17, 2024
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SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement
to Annex No. 2024-375, a copy of which is attached as Exhibit “A”.
SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause
to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-003
Resolution No. 2024-003
January 17, 2024
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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. 2024-003, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2024-375
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 17th
day of January, 2024; by and between RK Capital Group, a California Corporation, hereinafter
referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal
corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this
Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0265-221-23-0000,
located at 1199 W 41 st Street, San Bernardino, California, and parcel is further
described as follows:
The West 95 feet of the North 198 feet of that
portion of Lot 33, Arrowhead Suburban Farms,
Tract A, in the County of San Bernardino, State of
California as per Plat recorded in Book 1, Page 6
of Maps, records of said County. with Assessor’s
Parcel Number: 0265-221-23 (“Property”).
WHEREAS, the Property is within the CITY’s sphere of influence; and
WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater
treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be
provided to the Property by connecting to the CITY’s sewage system; and
WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient
capacity to convey and treat the sewage generated by the Property; and
WHEREAS, the covenants and conditions set forth herein shall create an equitable
servitude upon the parcel, and shall be fully binding upon the OWNER, heirs, successors
and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to
covenant for itself, its agents, employees, contractors, heirs, successors, and
assigns (“Successors”) not in any way object to, protest, delay, frustrate or
otherwise impede any annexation proceedings concerning the annexation of the
Property to the CITY. OWNER and their Successors shall cooperate in every
reasonable way with the requests of the CITY, the San Bernardino Local Agency
Formation Commission (“LAFCO”), or any other public agency in any
proceedings to annex the Property to the CITY. The OWNER and their
Successor’s cooperation shall include, but not be limited to, the filing of all
necessary applications, petitions, plans, drawings, and any other documentation
or information required by the CITY, LAFCO, or any other public agency.
b. To pay such annexation fees and costs and other municipal charges as would
ordinarily be charged in the annexation of property to the CITY. Said fees shall
be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to
connect to and use the CITY’s sewage system and wastewater treatment plant
service system, and further agrees to be bound by all CITY ordinances, rules
and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all
future heirs, successors, and assigns; and that said Agreement shall be
irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis
on the circulation plan-street section) and any rules and regulations promulgated
by the Water Board of the San Bernardino Municipal Water Department
relating to CITY’s sewage system and wastewater treatment plant service
system.
f. To make application to LAFCO and allow CITY to make application on behalf
of the OWNER and pay all application fees, for approval to connect to CITY’s
sewage system, pursuant to Section 56133 of the Government Code.
g. To execute a standard form agreement with CITY stipulating the terms and
conditions under which the connection to the CITY’s sewage system and
wastewater treatment plant service system shall be made and maintained.
h. OWNER acknowledges and agrees that if CITY determines that any attempted
annexation fails or is unreasonably delayed because the OWNER or Successors
failed to exercise good faith and best efforts to cause or assist in permitting the
annexation to occur, any connection to CITY’s sewage system and wastewater
treatment plant service system permitted or authorized by this agreement may
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
be disconnected at the sole option of CITY and upon reasonable notice to the
OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance
with reasonable standards. Reasonable standards are defined as the level of
maintenance service necessary to keep the appearance and operation of the
Property free from visible defects, deterioration, dirt, and debris.
j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff
harmless from any and all liability, claims, costs (including reasonable
attorneys’ fees), damages, expenses and causes of action resulting from any
construction performed under or otherwise related to performance of this
Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s
sewage system and wastewater treatment plant service system, subject to
payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder.
b. The benefit to the subject parcel will inure to the benefit of subsequent owners,
their heirs, successors, and assigns, and the agreements, conditions, and
covenants contained herein shall be binding upon them and upon the land.
c. The approval granted to connect said parcel to CITY’s sewage system and
wastewater treatment plant service system is contingent upon OWNER
securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual
arms-length negotiation and drafting. Accordingly, the rule of construction
which provides the ambiguities in a document shall be construed against the
drafter of that document shall have no application to the interpretation and
enforcement of this Agreement. In any action or proceeding to interpret or
enforce this Agreement, the finder of fact may refer to any extrinsic evidence
not in direct conflict with any specific provision of this Agreement to determine
and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the
Parties at the time of such amendment. If either Party commences an action
against the other Party arising out of or in connection with this Agreement, the
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
prevailing party shall be entitled to have and recover from the losing Party
reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such
attorneys’ fees and costs, such award shall constitute a lien upon the Property.
g. Failure to insist on any one occasion upon strict compliance with any of the
terms, covenants or conditions hereof shall not be deemed a waiver of such
term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver
or relinquishment of such other right or power at any other time or times.
h. This Agreement has been executed in and shall be governed by the laws of the
State of California. Venue shall be in the County of San Bernardino.
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be
entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________
Charles A. Montoya RK Capital Group
City Manager Signature
______ _Ana Medrano _________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Genoveva Rocha
CMC, City Clerk
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT B
Vicinity Map
Annex 2024-375 (Ward 5)
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APPLICATION FOR SEWER SERVICES
OUTSIDE OF CITY BOUNDARIES To: City of San Bernardino Public Works Department, Real Property Section 300 N. "D" Street-3rd Floor, San Bernardino, CA 92418 (909)384-5111This application is hereby submitted to the City of San Bernardino, to initiate proceedings for the connection to the City Sewer System from my property, which is located outside the boundaries of the City of San Bernardino pursuant to established City policies, a copy of which I have received and read, and Government Code Section 56133. I understand that a $1,300.00 non-refundable processing fee is due at the time this application is submitted. I further understand that prior to the City submitting an application to the Local Agency Formation Commission (LAFCO), I will be required to deposit any applicable LAFCO fees with the City (or to be paid directly to LAFCO). Additional LAFCO fees may be due at the conclusion of the proceedings, which I will be required to pay. I may request a waiver of these fees from LAFCO, based upon an immediate health and safety issue. In the event that the waiver of all or a portion of the LAFCO fees is granted by LAFCO, the waived amount will be refunded. I also understand that I will be required to execute an "Irrevocable Agreement to Annex" in the event that my property may be subject to Annexation into the City of San Bernardino at some future time, if this application is approved. I further understand that sewer capacity andhook-up fees to the City will be due prior to permit processing. This application is being submitted with the understanding that approval is not guaranteed.
Please submit this application with proof of ownership (Copy of Deed, Title Policy. etc.) along with
rocessin fee of Sl.300.00 and • . Property Owner(s): ___ K.�����--+=��-�--....... ----------------Mailing Address: P., ()_ )( 1 4 15 '?u r r>L 'fk31g_ Property Address: 11 t:ftil .V. 41 .s+-�1 &cnar'c.h /)D <4-l Assessor's ParcelNo(s): OJ.i,51/2..d 2-3000 0 Tel. No.:(,!f ott ) �'J; s-"JY'J /pg1
l I Existing Development:[] Residential (Single Family). No. Bedrooms: __ [] Residential (multi family). Describe: _____ []Commercial/Industrial.Describe: _____ _ �ew Development: [] Residential (Single Family) No. Bedrooms __ rY $1.U to u tr� l e:X �e�ential (n:u.iJ.ti..fami�ly . Describe: [ ] Commercial/Industrial. escribe:_"' ____ _ Note: For new development and/or additions, please provide a copy of the site-plan along with a copy of
development permit application, if any, filed with the County of San Bernardino. Additional Comments: ______________________________ _ [ ] I request a waiver of LAFCO fees based upon the following health and safety urgency: Date:_O�q +--/ _O ""--tvl_Z�.3� I I k�-Signfture{sj FOR CITY USE ONLY Received on: _________ by: _________ Receipt No.: __________ _ Nearest sewer main: _______________________________ _ CITY FEES: Filing: $ I ,300.00 Capacity: Connection: Inspection: TOTAL: $ ____ _ Rev. 12/2011 Comments: _____________________ _ EXHIBIT C
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary Lanier, Interim Director of Community Development and
Housing
Department:Community Development and Housing
Subject:Resolution Declaring Intent to Conduct a Public
Hearing to Order Street Vacation (15.30-439) of a
Portion of Broadway Avenue East of N J Street and
North of Main Street, and Reservation of Utilities
Therein (Ward 1)
Recommendation:
Adopt Resolution No. 2024-004 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a public hearing to order the
vacation of a portion of Broadway Avenue east of north J Street and north of Main
Street, and reservation of utilities therein.
Executive Summary
The recommended action will establish a Public Hearing date that is statutorily required
to complete the street vacation process for a portion of Broadway Avenue. The
proposed street vacation will terminate this portion of public right of way and transfer
ownership to the underlying property owners.
Background
Streets and Highways Code (SHC) Section 8312 gives a city legislative body the power
to vacate all or part of an alley and sets forth the procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under
the General Vacation Procedures outlined in SHC Sections 8320 through 8325. First,
a legislative body may initiate proceedings either on its own initiative or upon a petition
or request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour, and place of the hearing, followed by publishing, and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
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described in the notice of hearing or petition is unnecessary for present or prospective
public use, the legislative body may adopt a resolution vacating the street. The street
vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of Broadway Avenue was received on July 7, 2022, from
Bryan and Billy Henley, owners of a property located on the eastern side of the
intersection of North “J” Street and Broadway Avenue (APN: 0138-273-71-0000). The
stated reason for the petition to vacate this portion of the street is to accommodate the
future development of the parcel of land that will include a 25-bed congregate housing
facility and a 45-bed assisted living facility. Vacating this portion of the unused street
will adjoin split parcels, thus maximizing future development.
On May 3, 2023, the Mayor and City Council authorized staff to proceed with
an investigation and analysis, as required by SHC, to vacate the street. On May 30,
2023, notices were sent out to City Departments, San Bernardino County Fire, and
utility providers, including the City of San Bernardino Municipal Water Department,
informing them of the proposed street vacation. Staff has received requests from the
San Bernardino Municipal Water Department, Southern California Edison, and The
SoCal Gas Company to reserve existing utility easements.
Discussion
The Resolution will set the date, time, and place of the public hearing as March 6, 2024,
at 7:00 p.m. at 555 West 6th Street, San Bernardino, California, in the Council
Chambers. At that time, interested parties may present comments or evidence to the
Mayor and City Council regarding the proposed street vacation. The Resolution of
Intention will also direct staff to publish notices of the public hearing in the newspaper,
as well as posting notices along the proposed street vacation as required by the SHC
sections 8322 and 8323.
Following the public hearing, staff will present, for the Mayor and City Council’s
Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-439,
with reservation of utility easements therein, adopting a Categorical Exemption for the
street vacation, and make a final order of vacation for the street as described in the
Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making
the final order for Real Property Street Vacation 15.30-439 has been recorded with the
San Bernardino County Recorder’s office pursuant to SHC Section 8325. Pursuant to
SHC section 8324, the resolution of vacation may provide that the vacation occurs only
after conditions required by the legislative body have been satisfied and may instruct
the clerk that the resolution of vacation is not recorded until the conditions have
been satisfied.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
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vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,020 in
fees.
Conclusion
Adopt Resolution No. 2024-004 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a public hearing to order the
vacation of a portion of Broadway Avenue east of north J Street and north of Main
Street, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-004
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Ward: First Ward
Synopsis of Previous Council Actions:
May 3, 2023 The Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate a portion of Broadway Avenue
east of north J Street and north of Main Street and reservation of
utilities therein.
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Resolution No. 2024-004
Resolution 2024-004
January 17, 2024
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RESOLUTION NO. 2024-004
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENT TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF A PORTION OF
BROADWAY AVENUE EAST OF N J STREET AND NORTH
OF MAIN STREET, AND RESERVATION OF UTILITIES
THEREIN
WHEREAS, the Public Works Department previously received a petition to vacate a
portion of Boadway Avenue east of N “J” Street and North of Main Street, and the reservation of
utilities therein; and
WHEREAS, the real property street vacation will allow for future development of a
commercial project, the applicant will be revitalizing the subject site in a manner that will enhance
the physical and visual qualities of the subject site thereby enhancing the aesthetics of the
surrounding commercial area; and
WHEREAS, the existing property will be transformed from vacant site into a development
that meets City’s commercial needs while satisfying the Development Code requirements; and
WHEREAS, on May 3, 2023, the Mayor and City Council authorized staff to proceed with
an investigation and analysis to vacate the alley; and
WHEREAS, on May 30, 2023, notices were sent out to City Departments, San Bernardino
County Fire, utility providers, including the San Bernardino Municipal Water Department
informing them of the proposed street vacation.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The Mayor and City Council of San Bernardino, California hereby declares
its intention to order the vacation of Boadway Avenue (No. 1530-439) east of N “J” Street and
North of Main Street, and the reservation of utilities therein as described on the legal description
attached hereto and incorporated as Exhibit “A” and depicted on the map attached hereto and
incorporated herein as Exhibit “B”.
SECTION 2.The Mayor and City Council of San Bernardino, California, in vacating
the above-described portion of said street, elects to proceed in accordance with the provisions of
the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of
the Streets and Highways Code of the State of California.
SECTION 3.The hour of 7:00 p.m., on Wednesday, March 6, 2024, at 555 West 6th
Street, San Bernardino, California, 92410, is fixed as the time and place when and where all
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Resolution No. 2024-004
Resolution 2024-004
January 17, 2024
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persons interested in or objecting to the proposed vacation areas may appear before the Mayor and
City Council of San Bernardino, California, and offer evidence in relation hereto.
SECTION 4. The Mayor and City Council hereby direct the City Engineer of the City of
San Bernardino to cause a Notice of Street Vacation to be posted as required by said “Public
Streets, Highways and Service Easements Vacation Law.”
SECTION 5. The City Clerk shall certify the adoption of this Resolution of Intention and
shall cause the same to be published once per week for two successive weeks in The Sun, a
newspaper published and circulated in the City of San Bernardino, prior to the above date set forth
for the public hearing.
SECTION 6. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 7.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8.Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-004
Resolution 2024-004
January 17, 2024
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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. 2024-004, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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Area of proposed Street
Vacation
Broadway Avenue Street Vacation No. 15.30-439
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary E. Lanier, Director of Community Development and
Housing
Department:Community Development and Housing
Subject:Irrevocable Agreement to Annex No. 2024-376 (Ward
6)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2024-005 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission to
provide City sewer services to a property located at 3895 June Street, San Bernardino,
California, within the unincorporated area of Muscoy; and authorizing the City Manager
to execute an Irrevocable Agreement to Annex.
Executive Summary
The recommended actions are the first step to initiate proceedings for the connection
to the City Sewer System. The San Bernardino Water Department has indicated that
there is adequate capacity at the wastewater treatment plant to serve this property and
that the existing residential use is consistent with the City's General Plan. The Water
Department has determined that there is an available 18-inch vitrified clay pipe sanitary
sewer main within the area of June Street fronting the subject parcel.
Background
In August 2023, the San Bernardino Water Department received a request for sewer
service from the owner of a parcel located at 3895 June Street (APN: 0267-021-29) for
a connection to the sewer collection system. The property owner is abandoning the
existing septic tank and is desirous of a connection to the sewer collection.
In 1994, the California Government Code Section was amended by the addition of
Section 56133, which requires the Local Agency Formation Commission (LAFCO) to
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approve the provision of new City services outside its corporate boundaries. The
annexation of single parcels is not desirable since it creates uneven boundaries and
creates confusion regarding the delivery of other City services. This property is
contiguous to City boundaries; however, annexation of this property would result in
other islands.
In September of 1997, the City of San Bernardino adopted Resolution No. 97-275, a
policy relative to the providing of sewer services outside of City boundaries. The policy
includes a payment of $1,300 for the initial sewer connection application processing
fee. Additionally, the petitioner will pay all LAFCO-related fees directly to LAFCO and
the normal sewer capacity and connection fees to the Water Department for processing
the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and
the property owner to execute an "Irrevocable Agreement to Annex" in the event that
this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater
treatment plant to serve this property and that the existing residential use is consistent
with the City's General Plan. The Water Department has determined that there is an
available 18-inch vitrified clay pipe sanitary sewer main within June Street fronting the
subject parcel.
LAFCO requires the Agency providing the service to complete the application. The
resolution will allow the city to submit an application to LAFCO if approved by the Mayor
and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will
be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the
General Plan and Development Code as it ensures this property meets General Plan
use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection
application processing fee has been paid by the applicant. The applicant will also pay
the corresponding sewer capacity and connection fees to the Water Department, and
other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2024-005 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission to
provide City sewer services to a property located at 3895 June Street, San Bernardino,
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California, within the unincorporated area of Muscoy; and authorizing the City Manager
to execute an Irrevocable Agreement to Annex.
Attachments
Attachment 1 - Resolution No. 2024-005
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex
Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 - Exhibit C - Application
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275
relative to the providing of sewer services outside of City
boundaries.
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Resolution No. 2024-005
Resolution No. 2024-005
January 17, 2024
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RESOLUTION NO. 2024-005
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO PROPERTY LOCATED AT 3895
JUNE STREET, SAN BERNARDINO, CALIFORINA,
WITHIN THE UNICORPORATED AREA OF MUSCOY;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN IRREVOCABLE AGREEMENT TO ANNEX
WHEREAS, Revilo Holdings LLC, a California Limited Liability Company, the owner
of the property located 3895 June Street, San Bernardino, California, in the unincorporated area
known as Muscoy, also known as Assessor’s Parcel Number 0267-021-29, has requested
connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and
WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San
Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer
service outside the corporate limits of the City of San Bernardino; and
WHEREAS, pursuant to California Government Code Section 56133, a city or district
may provide new or extended services by contract or agreement outside its jurisdictional
boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and
WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting
connection to the City’s sewage system must pay all applicable fees required by the City, San
Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize
an application to the LAFCO for the connection to the City’s sewage system for property located
at 3895 June Street, Assessor’s Parcel Number 0267-021-29, more fully described as follows:
Lot 31 of Tract No. 3238, in the City of San Bernardino, County of San Bernardino, State
of California, as per Map recorded in Book 60, Pages 14 and 15 of Maps, in the Office of the
County recorder of said County.
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Resolution No. 2024-005
Resolution No. 2024-005
January 17, 2024
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APN: 0267-021-29-0-000
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement
to Annex No. 2024-376, a copy of which is attached as Exhibit “A”.
SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause
to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-005
Resolution No. 2024-005
January 17, 2024
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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. 2024-005, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2023.
Genoveva Rocha, CMC, City Clerk
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2024-376
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this 17th
day of January, 2024; by and between Revilo Holdings LLC, a California Limited Liability
Company, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter
city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be
referred to in this Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0267-021-29-0000,
located at 3895 June Street, San Bernardino, California, and parcel is further described
as follows:
Lot 31 of Tract No. 3238, in the City of San
Bernardino, County of San Bernardino, State of
California, as per Map recorded in Book 60, Pages
14 and 15 of Maps, in the Office of the County
recorder of said County.
APN: 0267-021-29-0-000
WHEREAS, the Property is within the CITY’s sphere of influence; and
WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater
treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be
provided to the Property by connecting to the CITY’s sewage system; and
WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient
capacity to convey and treat the sewage generated by the Property; and
WHEREAS, the covenants and conditions set forth herein shall create an equitable
servitude upon the parcel, and shall be fully binding upon the OWNER, heirs, successors
and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____
SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to
covenant for itself, its agents, employees, contractors, heirs, successors, and
assigns (“Successors”) not in any way object to, protest, delay, frustrate or
otherwise impede any annexation proceedings concerning the annexation of the
Property to the CITY. OWNER and their Successors shall cooperate in every
reasonable way with the requests of the CITY, the San Bernardino Local Agency
Formation Commission (“LAFCO”), or any other public agency in any
proceedings to annex the Property to the CITY. The OWNER and their
Successor’s cooperation shall include, but not be limited to, the filing of all
necessary applications, petitions, plans, drawings, and any other documentation
or information required by the CITY, LAFCO, or any other public agency.
b. To pay such annexation fees and costs and other municipal charges as would
ordinarily be charged in the annexation of property to the CITY. Said fees shall
be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to
connect to and use the CITY’s sewage system and wastewater treatment plant
service system, and further agrees to be bound by all CITY ordinances, rules
and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all
future heirs, successors, and assigns; and that said Agreement shall be
irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis
on the circulation plan-street section) and any rules and regulations promulgated
by the Water Board of the San Bernardino Municipal Water Department
relating to CITY’s sewage system and wastewater treatment plant service
system.
f. To make application to LAFCO and allow CITY to make application on behalf
of the OWNER and pay all application fees, for approval to connect to CITY’s
sewage system, pursuant to Section 56133 of the Government Code.
g. To execute a standard form agreement with CITY stipulating the terms and
conditions under which the connection to the CITY’s sewage system and
wastewater treatment plant service system shall be made and maintained.
h. OWNER acknowledges and agrees that if CITY determines that any attempted
annexation fails or is unreasonably delayed because the OWNER or Successors
failed to exercise good faith and best efforts to cause or assist in permitting the
annexation to occur, any connection to CITY’s sewage system and wastewater
treatment plant service system permitted or authorized by this agreement may
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____
be disconnected at the sole option of CITY and upon reasonable notice to the
OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance
with reasonable standards. Reasonable standards are defined as the level of
maintenance service necessary to keep the appearance and operation of the
Property free from visible defects, deterioration, dirt, and debris.
j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff
harmless from any and all liability, claims, costs (including reasonable
attorneys’ fees), damages, expenses and causes of action resulting from any
construction performed under or otherwise related to performance of this
Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s
sewage system and wastewater treatment plant service system, subject to
payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder.
b. The benefit to the subject parcel will inure to the benefit of subsequent owners,
their heirs, successors, and assigns, and the agreements, conditions, and
covenants contained herein shall be binding upon them and upon the land.
c. The approval granted to connect said parcel to CITY’s sewage system and
wastewater treatment plant service system is contingent upon OWNER
securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual
arms-length negotiation and drafting. Accordingly, the rule of construction
which provides the ambiguities in a document shall be construed against the
drafter of that document shall have no application to the interpretation and
enforcement of this Agreement. In any action or proceeding to interpret or
enforce this Agreement, the finder of fact may refer to any extrinsic evidence
not in direct conflict with any specific provision of this Agreement to determine
and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the
Parties at the time of such amendment. If either Party commences an action
against the other Party arising out of or in connection with this Agreement, the
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____
prevailing party shall be entitled to have and recover from the losing Party
reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such
attorneys’ fees and costs, such award shall constitute a lien upon the Property.
g. Failure to insist on any one occasion upon strict compliance with any of the
terms, covenants or conditions hereof shall not be deemed a waiver of such
term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver
or relinquishment of such other right or power at any other time or times.
h. This Agreement has been executed in and shall be governed by the laws of the
State of California. Venue shall be in the County of San Bernardino.
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be
entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________
Charles A. Montoya Revilo Holdings LLC
City Manager Signature
______ _Luis Oliver _________
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Genoveva Rocha
CMC, City Clerk
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-376 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT B
Vicinity Map
Annex 2024-376 (Ward 6)
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Community Development and Housing
Director
Department:Community Development and Housing
Subject:Ratify and Accept the San Bernardino County Fire
Protection District Ordinance No. FPD 23-01 (All
Wards)
Recommendation:
Adopt Resolution No. 2024-006 of the Mayor and City Council of the City of San
Bernardino, California, to ratify and accept the San Bernardino County Fire Protection
District’s (“District”) Ordinance No. FPD 23-01, which amends and adopts the 2022
Edition of the California Fire Code, known as California Code of Regulations, Title 24,
Part 9, based on the 2021 Edition of the International Fire Code.
Executive Summary
The adoption of Resolution No. 2024-006 will repeal San Bernardino County Fire
Protection District Ordinance No. FPD 20-01, which originally adopted the 2019 Edition
of the California Fire Code and will ratify Ordinance No. FPD 23-01 adopting the 2022
Edition of the California Fire Code.
Background
As a result of Local Agency Formation Commission (LAFCO) annexation proceedings,
the San Bernardino Protection District (“District”) assumed control of the City of San
Bernardino’s fire protection services, meaning that the City of San Bernardino (“City”)
resides in the District’s jurisdiction. Every three years, the California Building
Standards Commission publishes updated regulations in Part 9 of the California Code
of Regulations, Title 24, that pertain to fire safe building standards. Local agencies are
required to adopt the updated regulations but may also make local amendments as
necessary in the ordinance adopting these regulations.
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Discussion
The District has adopted the 2022 Edition of the Fire Code, known as the California
Code of Regulations, Title 24, Part 9, along with the appendices and amendments
thereto. Pursuant to California Health and Safety Code Section 13869.7(c), the
District’s Fire Code Ordinance cannot take effect until the municipalities in which the
Ordinance will apply each ratify the Ordinance. Given that the City is located within
the District’s jurisdiction, the City must ratify the District’s Fire Code Ordinance in order
for it to take effect.
2021-2025 Strategic Targets and Goals
Adoption of the attached Resolution aligns with Strategic Target No. 3: Improved
Quality of Life. Specifically, the ratification of the County adopted Fire Code helps
preserve the public’s health, safety, and welfare.
Fiscal Impact
No fiscal impact to the City is associated with this action.
Conclusion
Adopt Resolution No. 2024-006 of the Mayor and City Council of the City of San
Bernardino, California, to ratify and accept the San Bernardino County Fire Protection
District’s (“District”) Ordinance No. FPD 23-01, which amends and adopts the 2022
Edition of the California Fire Code, known as California Code of Regulations, Title 24,
Part 9, based on the 2021 Edition of the International Fire Code.
Attachments
Attachment 1 - Resolution No. 2024-006
Attachment 2 - San Bernardino County Fire Protection District Ordinance No. FPD
23-01
Ward:
All Wards
Synopsis of Previous Council Actions:
None.
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Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
Page 1 of 4
RESOLUTION NO. 2024-006
RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TO
RATIFY AND ACCEPT THE SAN BERNARDINO
COUNTY FIRE PROTECTION DISTRICT’S
(“DISTRICT”) ORDINANCE NO. FPD 23-01, WHICH
AMENDS AND ADOPTS THE 2022 EDITION OF THE
CALIFORNIA FIRE CODE, KNOWN AS CALIFORNIA
CODE OF REGULATIONS, TITLE 24, PART 9, BASED
ON THE 2021 EDITION OF THE INTERNATIONAL FIRE
CODE
WHEREAS, the San Bernardino County Fire Protection District (“District”) is authorized
pursuant to Health and Safety Code section 13869.7 to adopt building standards relating to fire
safety that are more stringent than the building standards adopted by the State Fire Marshall and
contained in the California Building Standards Code; and
WHEREAS, the City of San Bernardino (“City”) resides in the District’s jurisdiction and
receives fire protection services from the District; and
WHEREAS, on February 28, 2023, the District held a public hearing and adopted
Ordinance No. FPD 20-01 (“District Fire Code Ordinance”) adopting and amending the 2022
California Fire Code and appendices thereto; and
WHEREAS, the District has transmitted the District Fire Code Ordinance to the City for
ratification, pursuant to Health & Safety Code section 13869.7; and
WHEREAS, Section 13869.7 provides that the District Fire Code Ordinance will only take
effect upon the City’s ratification of the District Fire Code Ordinance; and
WHEREAS, the Mayor and City Council of the City of San Bernardino (“City Council”)
has examined the District Fire Code Ordinance and finds that it provides consistency in the
application and enforcement of building and housing standards with an emphasis on local needs,
and with the goal of protecting lives and property from fire damage; and
WHEREAS, the Mayor and City Council finds and determines that the action of ratifying
the District Fire Code Ordinance can be seen with certainty that there is no possibility that the
District Fire Code Ordinance may have a significant adverse effect on the environment; thus, the
adoption of the District Fire Code Ordinance is exempt from further environmental review under
Section 15061(b)(3) of the State CEQA Guidelines; and
WHEREAS, the Mayor and City Council desires to ratify the District Fire Code Ordinance;
and
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Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
Page 2 of 4
WHEREAS, the Mayor and City Council wishes to delegate the enforcement of the
District Fire Code Ordinance to the District’s Chief, or his or her authorized representative.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby ratifies
the District Fire Code Ordinance. A true and correct copy of the District Fire Code Ordinance is
attached as Exhibit A and incorporated herein by this reference.
SECTION 3. Pursuant to Health and Safety Code section 13869.7(h)(1), the City Council
directs that the District Fire Code Ordinance shall be enforced within the District’s service area.
The District shall enforce the District’s Code within the City’s corporate limits, and the City’s
Building Official shall enforce fire and panic safety and other regulations of the State Fire Marshal
as they relate to R-3 dwellings.
SECTION 4. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5. The City Clerk is hereby authorized and directed to file a certified copy of
this Resolution and the District Fire Code Ordinance with the California Department of Housing
and Community Development.
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 take effect immediately upon
adoption.
APPROVED AND ADOPTED by the City Council and signed by the Mayor and
attested by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
Page 3 of 4
Attest:
_______________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Resolution No. 2024-006
Resolution No. 2024-006
January 17, 2023
Page 4 of 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-006, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___day of January 2024.
Genoveva Rocha, CMC, City Clerk
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.CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development
and Housing
Department:Community Development and Housing
Subject:Irrevocable Agreement to Annex No. 2024-378 (Ward
4)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2024-007 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission to
provide City sewer services to a property located at 4694 North F Street, San
Bernardino, California, within the unincorporated territory of Arrowhead Farms; and
authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Executive Summary
The recommended action is the first step to initiate proceedings for the connection to
the City sewer system. The Water San Bernardino Department has indicated that there
is adequate capacity at the wastewater treatment plant to serve this property and has
indicated that the existing residential use is consistent with the City's General Plan.
Background
In October 2023, the San Bernardino Municipal Water Department received a request
for sewer service from the owner of a parcel located at 4694 North F Street (APN:
0265-191-15) for a connection to the sewer collection system. The property owner is
abandoning the existing septic tank and is desirous of a connection to the sewer
collection.
In 1994, the California Government Code Section was amended by the addition of
Section 56133, which requires the Local Agency Formation Commission (LAFCO) to
approve the provision of new City services outside its corporate boundaries. The
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annexation of single parcels is not desirable since it creates uneven boundaries and
creates confusion regarding the delivery of other City services. This property is
contiguous to City boundaries; however, annexation of this property would result in
other islands.
In September of 1997, the City of San Bernardino adopted Resolution No. 97-275, a
policy relative to the providing of sewer services outside of City boundaries. The policy
includes a payment of $1,300 for the initial sewer connection application processing
fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and
the normal sewer capacity and connection fees to the Water Department for processing
the Irrevocable Annexation Agreement.
The policy also requires the land use to be consistent with the City's General Plan and
the property owner to execute an "Irrevocable Agreement to Annex" in the event that
this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater
treatment plant to serve this property and that the existing residential use is consistent
with the City's General Plan. The Water Department has determined that there is an
available 8-inch vitrified clay pipe sanitary sewer main within North F Street, fronting
the subject parcel.
LAFCO requires the Agency providing the service to complete the application. The
resolution will allow the city to submit an application to LAFCO if approved by the Mayor
and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will
be executed between the City and the applicant.
2021-2025 Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the
General Plan and Development Code as it ensures this property meets General Plan
use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection
application processing fee has been paid by the applicant. The applicant will also pay
the corresponding sewer capacity and connection fees to the Water Department, and
other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt
Resolution No. 2024-007 of the Mayor and City Council of the City of San Bernardino,
California, approving the application to the Local Agency Formation Commission to
provide City sewer services to a property located at 4694 North F St, San Bernardino,
California, within the unincorporated territory of Arrowhead Farms; and authorizing the
City Manager to execute an Irrevocable Agreement to Annex.
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Attachments
Attachment 1 - Resolution No. 2024-007
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex
Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 - Exhibit C - Application
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275
relative to the providing of sewer services outside of City
boundaries
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Resolution No. 2024-007
Resolution No. 2024-007
January 17, 2024
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RESOLUTION NO. 2024-007
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE CITY
SEWER SERVICES TO A PROPERTY LOCATED AT 4694
NORTH F STREET, SAN BERNARDINO, CALIFORINA,
WITHIN THE UNICORPORATED TERRITORY OF
ARROWHEAD FARMS; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN IRREVOCABLE
AGREEMENT TO ANNEX
WHEREAS, Debarros Family Revocable Trust (2/18), the owner of the property located
4694 North F Street, San Bernardino, California, in the unincorporated area known as Arrowhead
Farms, also known as Assessor’s Parcel Number 0265-191-15, has requested connection to the
City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and
WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San
Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer
service outside the corporate limits of the City of San Bernardino; and
WHEREAS, pursuant to California Government Code Section 56133, a city or district
may provide new or extended services by contract or agreement outside its jurisdictional
boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and
WHEREAS, pursuant to Resolution No. 97-275 the property owner is requesting
connection to the City’s sewage system must pay all applicable fees required by the City, San
Bernardino Municipal Water District, and LAFCO.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize
an application to the LAFCO for the connection to the City’s sewage system for property located
at 4694 North F Street, Assessor’s Parcel Number 0265-191-15, more fully described as follows:
THE SOUTH ½ OF THE SOUTH 1/3 OF THE NORTH 3/5 OF LOT 1, ARROWHEAD
SUBURBAN FARMS, AS PER PLAT RECORDED IN BOOK 21, PAGE 2 OF MAPS,
RECORDS OF SAID COUNTY.
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Resolution No. 2024-007
Resolution No. 2024-007
January 17, 2024
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APN # 0265-191-15-0-000
SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement
to Annex No. 2024-378, a copy of which is attached as Exhibit “A”.
SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause
to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-007
Resolution No. 2024-007
January 17, 2024
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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. 2024-007, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2024-378
This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement”), is entered into this
17th day of January, 2024; by and between DeBarros Family Revocable Trust, dated February 18,
2021, hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city
and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred
to in this Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the one parcel, APN 0265-191-15-0000,
located at 4694 North F Street, San Bernardino, California, and parcel is further
described as follows:
THE SOUTH ½ OF THE SOUTH 1/3 OF THE NORTH 3/5 OF
LOT 1, ARROWHEAD SUBURBAN FARMS, AS PER PLAT
RECORDED IN BOOK 21, PAGE 2 OF MAPS, RECORDS OF
SAID COUNTY.
APN # 0265-191-15-0-000
WHEREAS, the Property is within the CITY’s sphere of influence; and
WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater
treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could be
provided to the Property by connecting to the CITY’s sewage system; and
WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient
capacity to convey and treat the sewage generated by the Property; and
WHEREAS, the covenants and conditions set forth herein shall create an equitable
servitude upon the parcel, and shall be fully binding upon the OWNER, heirs, successors
and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to
covenant for itself, its agents, employees, contractors, heirs, successors, and
assigns (“Successors”) not in any way object to, protest, delay, frustrate or
otherwise impede any annexation proceedings concerning the annexation of the
Property to the CITY. OWNER and their Successors shall cooperate in every
reasonable way with the requests of the CITY, the San Bernardino Local Agency
Formation Commission (“LAFCO”), or any other public agency in any
proceedings to annex the Property to the CITY. The OWNER and their
Successor’s cooperation shall include, but not be limited to, the filing of all
necessary applications, petitions, plans, drawings, and any other documentation
or information required by the CITY, LAFCO, or any other public agency.
b. To pay such annexation fees and costs and other municipal charges as would
ordinarily be charged in the annexation of property to the CITY. Said fees shall
be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to
connect to and use the CITY’s sewage system and wastewater treatment plant
service system, and further agrees to be bound by all CITY ordinances, rules
and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all
future heirs, successors, and assigns; and that said Agreement shall be
irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code, General Plan (emphasis
on the circulation plan-street section) and any rules and regulations promulgated
by the Water Board of the San Bernardino Municipal Water Department
relating to CITY’s sewage system and wastewater treatment plant service
system.
f. To make application to LAFCO and allow CITY to make application on behalf
of the OWNER and pay all application fees, for approval to connect to CITY’s
sewage system, pursuant to Section 56133 of the Government Code.
g. To execute a standard form agreement with CITY stipulating the terms and
conditions under which the connection to the CITY’s sewage system and
wastewater treatment plant service system shall be made and maintained.
h. OWNER acknowledges and agrees that if CITY determines that any attempted
annexation fails or is unreasonably delayed because the OWNER or Successors
failed to exercise good faith and best efforts to cause or assist in permitting the
annexation to occur, any connection to CITY’s sewage system and wastewater
treatment plant service system permitted or authorized by this agreement may
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
be disconnected at the sole option of CITY and upon reasonable notice to the
OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance
with reasonable standards. Reasonable standards are defined as the level of
maintenance service necessary to keep the appearance and operation of the
Property free from visible defects, deterioration, dirt, and debris.
j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff
harmless from any and all liability, claims, costs (including reasonable
attorneys’ fees), damages, expenses and causes of action resulting from any
construction performed under or otherwise related to performance of this
Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’S parcel, described hereinbefore, to connect to CITY’s
sewage system and wastewater treatment plant service system, subject to
payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder.
b. The benefit to the subject parcel will inure to the benefit of subsequent owners,
their heirs, successors, and assigns, and the agreements, conditions, and
covenants contained herein shall be binding upon them and upon the land.
c. The approval granted to connect said parcel to CITY’s sewage system and
wastewater treatment plant service system is contingent upon OWNER
securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual
arms-length negotiation and drafting. Accordingly, the rule of construction
which provides the ambiguities in a document shall be construed against the
drafter of that document shall have no application to the interpretation and
enforcement of this Agreement. In any action or proceeding to interpret or
enforce this Agreement, the finder of fact may refer to any extrinsic evidence
not in direct conflict with any specific provision of this Agreement to determine
and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the
Parties at the time of such amendment. If either Party commences an action
against the other Party arising out of or in connection with this Agreement, the
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
prevailing party shall be entitled to have and recover from the losing Party
reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such
attorneys’ fees and costs, such award shall constitute a lien upon the Property.
g. Failure to insist on any one occasion upon strict compliance with any of the
terms, covenants or conditions hereof shall not be deemed a waiver of such
term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver
or relinquishment of such other right or power at any other time or times.
h. This Agreement has been executed in and shall be governed by the laws of the
State of California. Venue shall be in the County of San Bernardino.
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be
entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
__________________________________ _______________________________
Charles A. Montoya DeBarros Family Revocable Trust, dated
City Manager February 18, 2021
______ _Marcello M. DeBarros_______
Name
__________________________________
City Attorney
_______________________________
Signature
Attested By:
____
Name
__________________________________
Genoveva Rocha
CMC, City Clerk
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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IRREVOCABLE AGREEMENT TO ANNEX NO. 2024-375 LAFCO SC # _____
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT B
Vicinity Map
Annex 2024-378 (Ward 4)
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development
and Housing
Department:Community Development and Housing
Subject:Resolution Declaring Intent to Conduct Public Hearing
to Order Street Vacation (15.30-437) of a Portion of
Harrist Street Between North I Street and J Street and
South of West 9th Street, and Reservation of Utilities
Therein (Ward 1)
Recommendation:
Adopt Resolution No. 2024-008 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a public hearing to order the
vacation of a portion of Harris Street between North I Street and J Street and south of
West 9th Street, and reservation of utilities therein.
Executive Summary
The recommended action will establish a Public Hearing date that is statutorily required
to complete the street vacation process for a portion of Harris Street. The proposed
street vacation will terminate this portion of public right of way and transfer ownership
to the underlying property owner.
Background
Streets and Highways Code (SHC) Section 8312, gives a city legislative body the
power to vacate all or part of an alley or street and sets forth the procedures by which
the power to vacate may be executed. The requested street vacation would be
conducted under the General Vacation Procedures outlined in SHC Sections 8320
through 8325.
First, a legislative body may initiate proceedings either on its own initiative or upon a
petition or request of an interested person or persons. The initiation of proceedings
starts with fixing the date, hour and place of the hearing, followed by publishing and
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posting of notices prior to the hearing. After the hearing, if the legislative body finds
that the street described in the notice of hearing or petition is unnecessary for present
or prospective public use, the legislative body may adopt a resolution vacating the
street. The street vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of Harris Street was received on June 7, 2021, from O&A
Development, LLC, the owner of five parcels located at the northern termination of
Harris Street, west of the 215 Freeway and south W 9th Street. (APNs: 0139-261-21,
0139-262-16, 0139-262-21, 0139-262-18, and 0139-262-22). The stated reason for the
petition to vacate this portion of Harris Street is to complete a Lot Merger to
accommodate the future development of the five individual parcels, making them
contiguous. Vacating this portion of the unused street will adjoin split parcels, thus
maximizing future development.
On September 6, 2023, the Mayor and City Council authorized staff to proceed with an
investigation and analysis, as required by SHC, to vacate the street. On September
18, 2023, notices were sent out to City Departments, San Bernardino County Fire, and
utility providers, including the Water Department, informing them of the proposed street
vacation. Staff has received requests from the SoCal Gas Company, Southern
California Edison, and the San Bernardino Municipal Water Department to reserve
utility easements.
Discussion
The Resolution will set the date, time, and place of the public hearing as March 6, 2024,
at 7:00 p.m. at 555 West 6th Street, San Bernardino, California in the Council
Chambers. At that time, interested parties may present comments or evidence to the
Mayor and City Council regarding the proposed street vacation. The Resolution of
Intention will also direct staff to publish notices of the public hearing in the newspaper,
as well as positing notices along the proposed street vacation and distributing notices
to area stakeholders and residents located within 1,000 feet of the proposed street
vacation, as required by the SHC sections 8322 and 8323.
Following the public hearing, staff will present, for the Mayor and City Council’s
Consideration, a Resolution Ordering the Real Property Street Vacation 15.30-437,
with reservation of utility easements therein, and make a final order of vacation for the
street as described in the Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the
final order for Real Property Street Vacation 15.30-437 has been recorded with the San
Bernardino County Recorder’s office pursuant to SHC Section 8325. Pursuant to SHC
section 8324, the resolution of vacation may provide that the vacation occurs only after
conditions required by the legislative body have been satisfied and may instruct the
clerk that the resolution of vacation is not recorded until the conditions have been
satisfied.
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Environmental Determination
The street vacation is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)3, the common sense exemption, where it can be seen
with certainty that there is no possibility that the activity may have a significant effect
on the environment.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating portions of the public right
of way
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in
fees.
Conclusion
Adopt Resolution No. 2024-008 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intent to conduct a public hearing to order the
vacation of a portion of Harris Street between N I Street and J Street and south of W
9th Street, and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-008
Attachment 2 - Exhibit A - Legal Description & Plat Map
Attachment 3 - Aerial Map
Ward:
First Ward
Synopsis of Previous Council Actions:
September 6, 2023 The Mayor and City Council authorized staff to proceed with
an investigation and analysis for the proposed vacation of
Harris Street.
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Resolution No. 2024-008
Resolution 2024-008
January 17, 2024
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RESOLUTION NO. 2024-008
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENT TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF A PORTION OF
HARRIS STREET BETWEEN NORTH I STREET AND J
STREET AND SOUTH OF WEST 9TH STREET, AND
RESERVATION OF UTILITIES THEREIN
WHEREAS, the Public Works Department previously received a petition to vacate a
portion of Harris Street between North I Street and J Street and south of W 9th Street and the
reservation of utilities therein; and
WHEREAS, the real property street vacation will allow for future development of an
industrial project, the applicant will be merging multiple parcels in a manner that will maximize
the utility of the site for future development; and
WHEREAS, the existing properties will be merged to form one contiguous site that meets
the City’s industrial needs while satisfying the Development Code requirements; and
WHEREAS, on September 6, 2023, the Mayor and City Council authorized staff to
proceed with an investigation and analysis to vacate this portion of Harris Street; and
WHEREAS, on September 18, 2023, notices were sent out to City Departments, San
Bernardino County Fire, utility providers, including the Water Department, informing them of the
proposed street vacation.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The Mayor and City Council of San Bernardino, California, hereby declare
its intention to order the vacation of a portion of Harris Street between North I Street and J Street
and south of West 9th Street, and the reservation of utilities therein as described on the legal
description attached hereto and incorporated as Exhibit “A” and depicted on the map attached
hereto and incorporated herein as Exhibit “B”.
SECTION 2.The Mayor and City Council of San Bernardino, California, in vacating
the above-described portions of said streets, elects to proceed in accordance with the provisions of
the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of
the Streets and Highways Code of the State of California.
SECTION 3.The hour of 7:00 p.m., on Wednesday, March 6, 2024, at 555 West 6th
Street, San Bernardino, California, 92410, is fixed as the time and place when and where all
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Resolution No. 2024-008
Resolution 2024-008
January 17, 2024
Page 2 of 3
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persons interested in or objecting to the proposed vacation areas may appear before the Mayor and
City Council of San Bernardino, California, and offer evidence in relation hereto.
SECTION 4. The Mayor and City Council hereby direct the City Engineer of the City of
San Bernardino to cause a Notice of Street Vacation to be posted as required by said “Public
Streets, Highways and Service Easements Vacation Law.”
SECTION 5. The City Clerk shall certify the adoption of this Resolution of Intention and
shall cause the same to be published once per week for two successive weeks in The Sun, a
newspaper published and circulated in the City of San Bernardino, prior to the above date set forth
for the public hearing.
SECTION 6. The Mayor and City Council find this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)3, the common sense exemption,
where it can be seen with certainty that there is no possibility that the activity may have a
significant effect on the environment.
SECTION 7.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end, the provisions of this Resolution are declared to be severable.
SECTION 8.Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-008
Resolution 2024-008
January 17, 2024
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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. 2024-008, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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Real Property Street Vacation No.
15.30-437
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development and
Housing
Department:Community Development and Housing
Subject:Resolution Declaring Intent to Annex Territory:
Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 41, Tax Zone No. 42 (Ono
Hawaiian BBQ) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024-009 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 41) and authorizing the levy of a special taxes therein.
Executive Summary
The recommended actions are the first step of the annexation process for the proposed
development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance
Services). The property owner has petitioned the City to annex into the City’s CFD to
mitigate its impacts for maintenance service of public facilities as a result of the new
development. The special taxes will be levied annually to offset general fund
expenditures related to maintenance of public improvements within and for the benefit
of the development.
Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81
initiating the formation of Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the
purpose of levying special taxes on parcels of taxable property to provide certain
services which are necessary to meet increased demands placed upon the City.
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On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178,
establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on
parcels of taxable property for the purpose of providing certain services that are
necessary to meet increased demands placed by development upon the City.
Discussion
Development projects are subject to conditions of approval that require projects to
form/annex a maintenance district. These districts apply an annual fee or special tax
upon properties within the District, which provide the revenue to offset the cost of
maintenance of the public improvements necessary to serve the development. The
Developer has agreed to initiate and conduct the CFD annexation proceedings
pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver"
form, which is on file in the City Clerk's office that authorizes the City to (1) hold the
election and declare election results; (2) shorten election time requirements; (3) waive
analysis and arguments; (4) waive all notice requirements relating to the conduct of the
election immediately following the public hearing.
The public facilities and services proposed to be financed within the territory to be
annexed to the District are the following:
1. Maintenance of streets, including pavement management; and
2. Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities; and
3. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
The proposed development includes approximately .40 gross acres of an empty
commercial lot. The property is located at the southeast corner of Spruce St and North
H St. This development will include a drive thru Ono Hawaiian BBQ restaurant as a
new Tax Zone No. 42 within CFD No. 2019-1, as shown in the boundary map and
included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No.
2019-1, a Resolution of Intention to annex property must be approved to identify the
facilities to be maintained and establish the maximum special tax for this Tax Zone.
The Resolution of Intention shall also set the date and time for the public hearing.
The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone
No. 42), is included as Exhibit “C” to the Resolution of Intention. The maximum annual
special tax for this development has been calculated to be $7,925 per acre for FY
2023/24. Special Tax rate is proposed to escalate each year at the greater of
Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a
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maintenance exhibit to illustrate which services are being maintained by the CFD.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance, which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area).
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
The individual property owners in the CFD will be responsible for annual payments of
special taxes. Upon full completion of the development, it is estimated that there will be
an annual collection of special tax revenues of approximately $3,186 to be used to pay
for maintenance costs.
On March 1 of each year, every taxable unit for which a building permit has been issued
within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal
Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior
to buildout of the project, exceeds the special tax revenues available from parcels for
which building permits have been issued, then the special tax may also be applied to
property within recorded final subdivision maps, as well as other undeveloped property
within the boundaries of the CFD.
With the adoption of the Resolution of Intention, the Public Hearing would be scheduled
for March 6, 2024.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD
have been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024-009 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
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(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 41) and authorizing the levy of a special taxes therein.
Attachments
Attachment 1 – Resolution of Intention No. 2024-009
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment
Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:
First Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was
adopted declaring election results for Community Facilities District
No. 2019-1; and first reading of Ordinance No. MC-1522 levying
special taxes to be collected during FY 2019-20 to pay annual costs
of maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District
No. 2019-1.
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Resolution No. 2024-009
Resolution No. 2024-009
January 17, 2024
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RESOLUTION NO. 2024-009
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN
BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 41) AND AUTHORIZING
THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”),
on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino
(the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the
landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex
territory to CFD No. 2019-1 and consenting to the shortening of election time requirements,
waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the
election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners
have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD
No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it
proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the
Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor
and City Council determines that the public convenience and necessity require that such territory
be annexed to the Community Facilities District.
SECTION 2.Name of the Community Facilities District. The name of the existing
community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance
Services)”.
SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which property may
annex to CFD No. 2019-1 and are more particularly described and shown on that certain map
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Resolution No. 2024-009
Resolution No. 2024-009
January 17, 2024
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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is
described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is
also shown and described on the map thereof entitled "Annexation Map No. 41, Community
Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San
Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and
attached hereto as Exhibit D.
SECTION 4.Description of Authorized Services. The services proposed to be financed
by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD No.
2019-1, determination of the amount of special taxes, collection or payment of special taxes, or
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The
Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided
in the territory of CFD No. 2019-1 and do not supplant services already available within that
territory.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit C.
SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the
area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the
City Clerk shall file the original of the Annexation map in his office and shall file a copy of the
Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days
prior to the date of the hearing specified in Section 7 hereof.
SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as
soon thereafter as practicable, on Wednesday, March 6, 2024, at the Bing Wong Auditorium of
the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410,
as the time and place when and where the Mayor and City Council will conduct a public hearing
on the proposed annexation of the said territory to the CFD No. 2019-1.
SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-
1. The publication of said notice shall be completed at least seven days prior to the date herein
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of
the Act.
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Resolution No. 2024-009
Resolution No. 2024-009
January 17, 2024
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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday March 6, 2024
to call the election on the annexation for the same date, pursuant to waiver of election time limits
from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each
landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially
the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the
property owner is attached hereto as Exhibit E and incorporated herein by this reference.
SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 11. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 12. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-009
Resolution No. 2024-009
January 17, 2024
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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. 2024-009, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 41 is currently comprised of four (4) parcels, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0134-054-01 Inland Maple Partners LLC
0134-054-35 Inland Maple Partners LLC
0134-054-37 Inland Maple Partners LLC
0134-054-39 Inland Maple Partners LLC
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EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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City of San Bernardino 3
Community Facilities District No. 2019-1 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services)
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
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City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services)
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
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City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services)
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
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City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
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City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services)
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
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City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services)
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
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City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
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City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 42
PM 20216
Item Description Estimated Cost
1 Streets $1,643
2 Drainage $258
3 Reserves $285
4 Admin $1,000
Total $3,186
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 42
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $7,925 $0
TAX ZONE 42
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $7,925 $0
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City of San Bernardino 12
Community Facilities District No. 2019-1 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc.
1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc.
2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC
3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC
4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC
5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC
6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC
8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC
9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC
10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC
11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP
12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings
13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.
14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust
15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC
16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP
17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson
18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust
19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC
20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP
21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC
22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC
23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC
24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC
25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al.
26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC
28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC
29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC
30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC
31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co.
32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC
33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC
34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC &
Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC
36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC
37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC
38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California
Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP
40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC
41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC
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City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
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City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
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EXHIBIT
D
SHEET 1 OF 1 SHEETANNEXATION MAP
NO. 41COMMUNITY FACILITIES DISTRICT NO.
2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STAT E OF
CALIFORNIA
THIS MAP SHOWS THE BOUNDARIES OF AREAS
TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1
(MAINTENANCE SERVICES), OF THE CITY
OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO,
STAT E OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S
CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
NUMBER
_____________, THIS _______ DAY OF _______,
20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT
PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE
AMOUNT
OF $_____________.
THE BOUNDARIES OF WHICH COMMUNITY
FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON
THE MAP
THEREOF WHICH WAS PREVIOUSLY
RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF
ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE
32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE
OF THE
COUNTY RECORDER OF THE COUNTY OF SAN
BERNARDINO,
STAT E OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO
COUNTY
BY:___________________________
_____
DEPUTY RECORDERI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING
PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN
BERNARDINO,
COUNTY OF SAN BERNARDINO, STAT E OF
CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY
OF SAN
BERNARDINO AT A REGULAR MEETING
THEREOF, HELD
ON THE ____ DAY OF
____________________,
20 ____.
BY ITS RESOLUTION NO.
____________________
___________________________________
______
CITY CLERK, CITY OF SAN BERNARDINO 0134-054-01FILED IN THE OFFICE OF THE CITY CLERK THIS _____
DAY OF
________, 20 ____.42
___________________________________
______
CITY CLERK, CITY OF SAN BERNARDINO
0134-054-39
0134-054-35
þ
18 þ
330¤
66
þ210þ
259þ0¤
66 LEGEN
D
CFD 2019-1
TAX ZONE 42_¤
66 ANNEXATION AREA BOUNDARY
PARCEL LINE§¦
215 þ
38
CITY BOUNDARY§¦
10 XXX-XXX-XXX
42
ASSESSOR PARCEL NUMBER
TAX ZONE-THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LANDINCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL
REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2023-24.
Packet Page. 282
Packet Page. 283
Exhibit E
PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT
NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
1.The undersigned requests that the City Council of the City of San Bernardino, initiate
and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”)
(Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) (the “Community Facilities District”) of the property described below and consents to
the annual levy of special taxes on such property to pay the costs of services to be provided by the community
facilities district.
2.The undersigned requests that the community facilities district provide any services
that are permitted under the Act including, but not limited to, all necessary service, operations, administration
and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities,
ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls,
fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a
healthy, vigorous and satisfactory working condition.
3.The undersigned hereby certifies that as of the date indicated opposite its signature,
it is the owner of all the property within the proposed boundaries of the Community Facilities District as
described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4.The undersigned requests that a special election be held under the Act to authorize
the special taxes for the proposed community facilities district. The undersigned waives any requirement for
the mailing of the ballot for the special election and expressly agrees that said election may be conducted by
mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being
the office of the City Clerk and the undersigned request that the results of said election be canvassed and
reported to the City Council at the same meeting of the City Council as the public hearing on the creation of
the Community Facilities District or at the next available meeting.
5.Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly
waives all applicable waiting periods for the election and waives the requirement for analysis and arguments
relating to the special election, and consents to not having such materials provided to the landowner in the
ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly
waives all notice requirements relating to hearings and special elections (except for published notices
required by the Act), and whether such requirements are found in the California Elections Code, the California
Government Code or other laws or procedures, including but not limited to any notice provided for by
compliance with the provisions of Section 4101 of the California Elections Code.
6.The undersigned hereby consents to and expressly waives any and all claims based
on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and
any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to
annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the
Packet Page. 284
City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity,
error mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this _1_3_th_ day of _D__e_c_e_m_b_e_r_, 20_2_3_.
[NAME OF LANDOWNER]
Inland Maple Partners, LLCBy: _____________________________________
Name: David Friedman
Title:Developer
OWNER'S PROPERTY:
TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.
OWNER'S MAILING ADDRESS:
3_9_5__N___E__S_t_re__e_t _S_t_e_.__#_1_0_4_ _S__a_n__B_e_r_n_a_r_d_i_n_o_,__
CA 92401
__________________________________________
__________________________________________
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF
SAN BERNARDINO THIS ____ DAY OF __________, 20___.
_____________________________________
City Clerk of the City Council of the
City of San Bernardino
Packet Page. 285
INSERT EXHIBIT A: BOUNDARY DESCRIPTION
Please refer to the below Lot Merger Packet
exhibits for the boundary description.
Packet Page. 286
EXHIBIT “A”
LOT MERGER NO. 2023-011
LEGAL DESCRIPTION BEFORE LOT MERGER
PARCEL 1:
THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4;
THENCE NORTH 00º 00' 00" EAST ALONG THE WEST LINE OF SAID LOT, 167.00 FEET, MORE OR
LESS, TO A POINT 131.00 FEET SOUTH 00º 00' 00" EAST OF THE NORTHWEST CORNER OF SAID
LOT;
THENCE NORTH 90º 00' 00" EAST 100.00 FEET, MORE OR LESS, TO A POINT 48.00 FEET WEST
OF THE EAST LINE OF SAID LOT 4;
THENCE SOUTH 00º 00' 00" EAST TO A POINT 136.00 FEET NORTH OF THE SOUTH LINE OF SAID
LOT;
THENCE NORTH 90º 00' 00" WEST 2.00 FEET;
THENCE SOUTH 00º 00' 00" EAST 136.00 FEET TO THE SOUTH LINE OF SAID LOT 4;
THENCE NORTH 00º 00' 00" WEST, ALONG THE SOUTH LINE OF SAID LOT, TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION EAST AND SOUTH OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 00º 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 126.25
FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89º 46' 08" WEST 50.93 FEET;
THENCE SOUTH 00º 13' 52" WEST 25.00 FEET;
THENCE NORTH 89º 46' 08" WEST 96.67 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4,
SAID POINT BEING THE POINT OF TERMINUS.
SAID LAND IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT
RECORDED ON DECEMBER 16, 2021 AS INSTRUMENT NO.
2021-562416, OFFICIAL RECORDS OF SAID COUNTY.
Page 1 of 3
Packet Page. 287
APN: 0134-054-35
PARCEL 2:
THAT PORTION OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT, 75.00 FEET SOUTH OF THE
NORTHWEST CORNER THEREOF;
THENCE SOUTH 00º 00' 00" EAST, ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 56.00
FEET;
THENCE NORTH 90º 00' 00" EAST 100.00 FEET TO THE WEST LINE OF THE EAST 48.00 FEET OF
SAID LOT 4;
THENCE NORTH 00º 00' 00" EAST, ALONG THE WEST LINE OF THE EAST 48.00 FEET OF SAID
LOT 4, A DISTANCE OF 56.00 FEET;
THENCE NORTH 90º 00' 00" WEST 100.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION EAST AND SOUTH OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 00º 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 126.25
FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89º 46' 08" WEST 50.93 FEET;
THENCE SOUTH 00º 13' 52" WEST 25.00 FEET;
THENCE NORTH 89º 46' 08" WEST 96.97 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4,
SAID POINT BEING THE POINT OF TERMINUS.
SAID LAND IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT
RECORDED ON DECEMBER 16, 2021 AS INSTRUMENT NO. 2021-562416, OFFICIAL RECORDS OF
SAID COUNTY.
APN: 0134-054-39
PARCEL 3:
THAT PORTION OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
Page 2 of 3
Packet Page. 288
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SPRUCE STREET, 50 FEET WIDE,
AND THE EAST LINE OF “H” STREET, 82.5 FEET WIDE;
THENCE EAST ALONG THE SOUTH LINE OF SPRUCE STREET, 100 FEET;
THENCE SOUTH PARALLEL WITH THE EAST LINE OF “H” STREET, 50 FEET;
THENCE WEST PARALLEL TO THE SOUTH LINE OF SPRUCE STREET, 100 FEET TO THE EAST
LINE OF “H” STREET;
THENCE NORTH ALONG THE EAST LINE OF “H” STREET, 50 FEET, TO THE POINT OF BEGINNING.
APN: 0134-054-01
PARCEL 4:
THE EAST 48.00 FEET OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7, PAGE 1 OF
MAPS, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE NORTH 25.00 FEET AND THAT PORTION LYING SOUTH OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 00º 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 126.25
FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 89º 46' 08" WEST 50.93 FEET;
THENCE SOUTH 00º 13' 52" WEST 25.00 FEET;
THENCE NORTH 89º 46' 08" WEST 96.97 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4,
SAID POINT BEING THE POINT OF TERMINUS.
SAID LAND IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT
RECORDED ON DECEMBER 16, 2021 AS INSTRUMENT NO. 2021-562416, OFFICIAL RECORDS OF
SAID COUNTY.
APN: 0134-054-37
Page 3 of 3
Packet Page. 289
EXHIBIT “B”
LOT MERGER NO. 2023-011
LEGAL DESCRIPTION AFTER LOT MERGER
LOT A:
THAT PORTION OF LOT 4, BLOCK 39, PLAN OF THE CITY OF SAN BERNARDINO, IN THE CITY OF
SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 7, PAGE 1, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SPRUCE STREET, 50.00 FEET
WIDE, AND THE EASTERLY LINE OF “H” STREET, 82.50 FEET WIDE, AS SHOWN PARCEL MAP
NO. 20216, AS PER MAP ON FILE IN BOOK 258 OF PARCEL MAPS, PAGES 66-67, RECORDS OF
SAID COUNTY RECORDER; THENCE, ALONG SAID EASTERLY LINE, SOUTH 00°05’16 EAST
126.05 FEET TO THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP THE FOLLOWING
THREE COURSES; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89°50’15” EAST 98.03 FEET;
THENCE, NORTH 00°09’45” EAST 25.00 FEET; THENCE, SOUTH 89°50’15” EAST 50.93 FEET TO
THE EAST LINE OF SAID LOT 4, AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG SAID
EASTERLY LINE, NORTH 00°04’07” WEST 101.24 FEET TO SAID SOUTH LINE OF SPRUCE
STREET; THENCE, ALONG SAID SOUTH LINE, NORTH 89°54’54” WEST 149.10 FEET TO THE
POINT OF BEGINNING.
SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATIONS,
RIGHTS, RIGHTS OF WAY, AND OTHER MATTERS OF RECORD, IF ANY.
SAID DESCRIPTION CONTAINS 0.403 ACRES, MORE OR LESS.
SEE EXHIBIT “D” FOR PLAT DEPICTING THE ABOVE DESCRIBED AREA.
BEARINGS AND DISTANCES ARE BASED ON A FIELD SURVEY PER PARCEL MAP NO. 20216,
P.M.B. 258/66-67.
___________________________________________________
PETER T. GRAY, P.L.S. NO. 9735
EXPIRES: 03-31-2025
DATE
Page 1 of 1
Packet Page. 290
SHEET 1 OF 1EXHIBIT "D"
LOT MERGER NO. 2023-011
SKETCH
C/L SPRUCE STREET
P.O.B.
LOT A
LOT LINE TO BE MERGED SCALE: 1"=40'
LOT LINE
TO BE
MERGED LOT "B"
LLA 2020-002
INST. 2021-0199652
LOT LINE TO BE MERGED
LINE TABLE:
NORTHERLY LINE PARCEL 1
PARCEL MAP NO. 20216
BASIS OF BEARING AND DISTANCES:
BEARINGS AND DISTANCES ARE BASED ON A FIELD
SURVEY PER PARCEL MAP NO. 20216, P.M.B. 258/66-67
09-11-2023
LEGEND:
CENTERLINE PREPARED BY:
BOUNDARY OF LOT A
LINE TO BE REMOVED
EXISTING LOT LINES 601 EAST DAILY DRIVE, SUITE 225
CAMARILLO, CA 93010
805-987-3945 FAX: 805-987-1655
JOB NO. 2314 MAY 2023
Packet Page. 291
Packet Page. 292
Packet Page. 293
INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP
Please see below for Exhibit B.
Packet Page. 294
EXHIBIT B
Packet Page. 295
EXHIBIT B
Packet Page. 296
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 41)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on January 17, 2024
adopted its Resolution No. 2024-___, in which it declared its intention to annex territory to existing
Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a
special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello -Roos
Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.
The resolution describes the territory to be annexed and describes the rate and method of apportionment
of the proposed special tax. No change in the tax lev ied in the existing CFD No. 2019-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as
practicable, Wednesday , March 6, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City
Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the
testimony of all interest persons for or against the annexation of the territory or the levying of the special
taxes will be heard. If and to the extent participation in the March 6, 2024 meeting must occur by
teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of California, the means and methods for participating the meeting shall
be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on
the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda
will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.
DATED: ____________, 2024 _________________________________________
City Clerk of the City of San Bernardino
PUB: _______________, 2024
Packet Page. 297
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 41
(March 6, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
Inland Maple Partners, LLC 0.40 1
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 21, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 6, 2024,
at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on March 6, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 298
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Inland Maple Partners, LLC
Attn: David Friedman
395 N E Street Ste. #104
San Bernardino, CA 92401
0134-054-01, 0134-054-35,
0134-054-37, 0134-054-39
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2019-1
(Maintenance Services) adopted by the City Council on January 17,
2024 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 41 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses), and shall an appropriation limit be established
for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
David Friedman
Owner
Signature
Print Name
Title
Packet Page. 299
CFD MAINTANCE AREASYMBOL DESCRIPTION QTYSIDEWALK1,934 sf = 0.044 ACSTREET8,374 sf = 0.19 ACDRAIN OUTLET 40 sfSTREET FRONTAGE 285 lfEXHIBIT H
Packet Page. 300
G STH ST6TH S T
SPRU CE S T
5TH STCRESCENT ST§¨¦215
£¤66
^_
MIL L ST
16TH ST
SPRUCE ST
SIERRA WAYWATERMAN AVENINTH ST
CAM PUS WAY
2ND S T
MAGNOLIA AVE
ORANGE SHOW RD
4TH ST
RANCHO AVE17 TH S T
BASE LINE ST
SECOND S T
PEPPER AVCITRUS ST
PACIFIC ST
28TH ST
CEDAR AVETIPPECANOE STCENTRAL AVE
MERIDIAN AVESAN BERNARDINO AVE NORMA N R D
PENNSYLVANIA AVEWATERMAN AVECITRUS AVE
EUCALYPTUS AVEMT.VIEW AVECOLTON AVEREDLANDS BLVD
MIL L ST
§¨¦10
·|}þ259
£¤66
·|}þ259
·|}þ210
§¨¦215
£¤66
£¤66
CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 41
PROJECT MAP
Packet Page. 301
1
8
0
1
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development
and Housing
Department:Community Development and Housing
Subject:Resolution Declaring Intent to Conduct Public Hearing
to Order the Street Vacation (15.30-440) of a Portion of
9th Street and a Portion of Tippecanoe Avenue, and
Reservation of Utilities Therein (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-010 declaring its intent to conduct a public
hearing to order the vacation of a portion of 9th Street and a portion of Tippecanoe
Avenue and reservation of utilities therein.
Executive Summary
A petition to vacate a portion of 9th Street and a portion of Tippecanoe Avenue was
received on July 26, 2022, from PME Oakmont Tippecanoe, LP. The stated reason for
the petition to vacate this portion of 9th Street and a portion of Tippecanoe Avenue is
to accommodate a new industrial warehouse development.
Background
Streets and Highways Code (SHC) Section 8312, gives a city legislative body the
power to vacate all or part of an alley and sets forth the procedures by which the power
to vacate may be executed. The requested street vacation would be conducted under
the General Vacation Procedures outlined in SHC Sections 8320 through 8325. First,
a legislative body may initiate proceedings either on its own initiative or upon a petition
or request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour, and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
Packet Page. 302
1
8
0
1
public use, the legislative body may adopt a resolution vacating the street. The street
vacation is then recorded with the County Recorder’s office.
A petition to vacate a portion of 9th Street and a portion of Tippecanoe Avenue was
received on July 26, 2022, from PME Oakmont Tippecanoe, LP. The stated reason for
the petition to vacate this portion of 9th Street and a portion of Tippecanoe Avenue is
to accommodate a new industrial warehouse development.
On May 3, 2023, the Mayor and City Council authorized staff to proceed with an
investigation and analysis, as required by SHC, to vacate these portions of the street.
On May 31, 2023, notices were sent out to City Departments, San Bernardino County
Fire, and utility providers, including the Water Department, informing them of the
proposed street vacation. Staff has received a request from Southern California Edison
to reserve easements and has received no additional responses.
Discussion
The Resolution will set the date, time, and place of the public hearing as March 6, 2024,
at 7:00 p.m. at 555 West 6th Street, San Bernardino, California, in the Council
Chambers. At that time, interested parties may present comments or evidence to the
Mayor and City Council regarding the proposed street vacation. The Resolution of
Intention will also direct staff to publish notices of the public hearing in the newspaper,
as well as posting notices along the proposed street vacation as required by the SHC
Sections 8322 and 8323.
Following the public hearing, staff will present, for the Mayor and City Council’s
Consideration, a Resolution Ordering the Real Property Street Vacation 15.30-440,
with reservation of utility easements therein, adopting a Categorical Exemption for the
street vacation, and make a final order of vacation for the street as described in the
Real Property Street Vacation.
The property vacation proceedings are not completed until the Resolution making the
final order for Real Property Street Vacation 15.30-440 has been recorded with the
San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to
SHC Section 8324, the resolution of vacation may provide that the vacation occurs
only after conditions required by the legislative body have been satisfied and may
instruct the clerk that the resolution of vacation is not recorded until the conditions have
been satisfied.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community
engagement plan. Public Hearings conducted in response to requests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Packet Page. 303
1
8
0
1
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,020 in
fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-010 declaring its intent to conduct a public
hearing to order the vacation of a portion of 9th Street and a portion of Tippecanoe
Avenue and reservation of utilities therein.
Attachments
Attachment 1 - Resolution No. 2024-010
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Ward:
First Ward
Synopsis of Previous Council Actions:
May 3, 2023 The Mayor and City Council authorized staff to proceed with an
investigation and analysis to vacate a portion of 9th Street and a
portion of Tippecanoe Avenue and reservation of utilities therein
Packet Page. 304
Resolution No. 2024-010
Resolution 2024-010
January 17, 2024
Page 1 of 3
3
8
9
6
RESOLUTION NO. 2024-010
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENT TO CONDUCT A PUBLIC
HEARING TO ORDER THE VACATION OF A PORTION OF
9TH STREET AND A PORTION OF TIPPECANOE AVENUE
AND RESERVATION OF UTILITIES THEREIN
WHEREAS, the Public Works Department previously received a petition to vacate a
portion of 9th Street and a portion of Tippecanoe Avenue and the reservation of utilities therein;
and
WHEREAS, the real property street vacations will allow for future development of a
industrial warehouse project, the applicant will be revitalizing the subject site in a manner that will
enhance the physical and visual qualities of the subject site thereby enhancing the aesthetics of the
surrounding commercial area; and
WHEREAS, the existing property will be transformed from a vacant site into a
development that meets City’s industrial needs while satisfying the Development Code
requirements; and
WHEREAS, on May 3, 2023, the Mayor and City Council authorized staff to proceed with
an investigation and analysis to vacate the alley; and
WHEREAS, on May 31, 2023, notices were sent out to City Departments, San Bernardino
County Fire, utility providers, including the Water Department, informing them of the proposed
street vacation.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The Mayor and City Council of San Bernardino, California hereby declare
its intention to order the vacation of a portion of 9th Street and a portion of Tippecanoe Avenue
and the reservation of utilities therein as described on the legal description attached hereto and
incorporated as Exhibit “A” and depicted on the map attached hereto and incorporated herein as
Exhibit “B”.
SECTION 2.The Mayor and City Council of San Bernardino, California, in vacating
the above-described portions of said streets, elects to proceed in accordance with the provisions of
the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of
the Streets and Highways Code of the State of California.
SECTION 3.The hour of 7:00 p.m., on Wednesday, March 6, 2024, at 555 West 6th
Street, San Bernardino, California, 92410, is fixed as the time and place when and where all
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Resolution No. 2024-010
Resolution 2024-010
January 17, 2024
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persons interested in or objecting to the proposed vacation areas may appear before the Mayor and
City Council of San Bernardino, California, and offer evidence in relation hereto.
SECTION 4. The Mayor and City Council hereby directs the City Engineer of the City of
San Bernardino to cause a Notice of Street Vacation to be posted as required by said “Public
Streets, Highways and Service Easements Vacation Law.”
SECTION 5. The City Clerk shall certify the adoption of this Resolution of Intention and
shall cause the same to be published once per week for two successive weeks in The Sun, a
newspaper published and circulated in the City of San Bernardino, prior to the above date set forth
for the public hearing.
SECTION 6. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 7.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8.Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-010
Resolution 2024-010
January 17, 2024
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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. 2024-010, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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HUITT-ZOLLARS, INC. 2603 Main Street Suite 400 Irvine, CA 92614-4250 949.988.5815 phone 949.988.5820 fax huitt-zollars.com
R:\R314211.01\02\02.10\ROW Vacation
R314211.01
05-17-2022
REVISED
12-28-2022
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY VACATION
Those portions of Parcel 2S described in that certain Grant Deed, in the City of San
Bernardino, County of San Bernardino, State of California, recorded October 29, 1954, in
Book 3495, Page 381, of Official Records, in the office of the County Recorder of said
county; together with that portion as of the land described in that certain Grant Deed, in
said City of San Bernardino, recorded October 29, 1954, in Book 3495, Page 387, of said
Official Records, all lying within Lot 3 of the Map of Jackson Subdivision, in said City of
San Bernardino, as shown on the map filed in Book 18, Page 77, of Maps, in said office
of the County Recorder described in parcels as follows:
Parcel 1:
BEGINNING at the Northwesterly terminus of that certain course shown as having a
bearing and distance of "N45°03'55"W 86.62' " on Record of Survey 17-0059, as shown
on the map filed in Book 160, Page 23, of Records of Survey, in said office of the County
Recorder; thence along the Northwesterly prolongation of said course North 45°03'55"
West 7.07 feet to a line being parallel with and 5.00 feet Northerly of the Southerly line
of said Parcel 2S; thence along said parallel line South 89°56'04" West 495.64 feet to the
Easterly line of the Westerly 150.00 feet of said Lot 3; thence along said Easterly line
South 00°14'24" East 5.00 feet to the Southerly line of said Grant Deed recorded in Book
3495, Page 387 of said Official Records; thence along said Southerly lines of said Grant
Deed and Parcel 2S North 89°56'04" East 550.64 feet back to the POINT OF
BEGINNING.
Containing an area of 2,492 square feet, more or less.
Parcel 2:
BEGINNING at the Southeasterly terminus of that certain course shown as having a
bearing and distance of "N45°03'55"W 86.62' " on Record of Survey 17-0059, as shown
on the map filed in Book 160, Page 23, of Records of Survey, in said office of the County
Recorder; thence along the Southeasterly prolongation of said course South 45°03'55"
Exhibit A
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EXHIBIT "A" R314211.01
LEGAL DESCRIPTION-CONTINUED 05-17-2022
PAGE 2 REVISED
12-28-2022
East 9.90 feet; thence South 01°09'45" East 173.03 feet to the Southerly line of said
Parcel 2S; thence along the Southerly and Westerly lines of said Parcel 2S the following
two (2) courses: South 89°56'40" West 10.50 feet and North 00°00'20" West 180.00 feet
to the POINT OF BEGINNING.
Containing an area of 1,518 square feet, more or less.
Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements,
if any, of record.
All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.
___________________________________
DAVID W. MACKEY, PLS 8912
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Exhibit B
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary E. Lanier, Director of Community Development and
Housing
Department:Community, Housing, & Economic Development (CED)
Subject:Resolution Declaring Intent to Annex Territory:
Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 38, Tax Zone No. 39 (In-N-
Out) (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024-011 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 38) and authorizing the levy of a special taxes therein.
Executive Summary
The recommended actions are the initial steps to the annexation process for the
proposed development into Community Facilities District (“CFD”) No. 2019-1
(Maintenance Services). The property owner has petitioned the City to annex into the
City’s CFD to mitigate its impacts for maintenance service of public facilities as a result
of the new development. The special taxes will be levied annually to offset general fund
expenditures related to the maintenance of public improvements within and for the
benefit of the development.
Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81
establishing Community Facilities District No. 2019-1 (Maintenance Services) of the
City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying
special taxes on parcels of taxable property to provide certain services which are
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necessary to meet increased demands placed upon the City.
On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178,
establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on
parcels of taxable property for the purpose of providing certain services that are
necessary to meet increased demands placed by development upon the City.
Discussion
Development projects are subject to conditions of approval that require projects to
form/annex into a maintenance district. These districts apply an annual fee or special
tax upon properties within the District, which provides the revenue to offset the cost of
maintenance of the public improvements necessary to serve the development. The
Developer has agreed to initiate and conduct the CFD annexation proceedings
pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver"
form, which is on file in the City Clerk's office that authorizes the City to (1) hold the
election and declare election results; (2) shorten election time requirements; (3) waive
analysis and arguments; (4) waive all notice requirements relating to the conduct of the
election immediately following the public hearing.
The public facilities and services proposed to be financed within the territory to be
annexed to the District are the following:
1. Public lighting and appurtenant facilities, including streetlights within public
rights-of-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. Maintenance and operation of water quality improvements, including storm
drainage and flood protection facilities; and
4. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
The proposed development includes approximately 1.94 gross acres of an existing In-
N-Out restaurant. The property is located at the southeast corner of H Street and W
5th Street. This development will include an expansion to its already existing lot as a
new Tax Zone No. 39 within CFD No. 2019-1, as shown in the boundary map and
included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No.
2019-1, a Resolution of Intention to annex property must be approved to identify the
facilities to be maintained and establish the maximum special tax for this Tax Zone.
The Resolution of Intention shall also set the date and time for the public hearing.
The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone
No. 39), is included as Exhibit “C” to the Resolution of Intention. The maximum annual
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special tax for this development has been calculated to be $3,081 per acre for FY
2023/24. Special Tax rate is proposed to escalate each year at the greater of Consumer
Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit
to illustrate which services are being maintained by the CFD.
In order to annex property to CFD No. 2019-1, pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance, which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area).
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
The individual property owner in the CFD will be responsible for annual payments of
special taxes. Upon full completion of the development, it is estimated that there will be
an annual collection of special tax revenues of approximately $5,987 to be used to pay
for maintenance costs.
On March 1 of each year, every taxable unit for which a building permit has been issued
within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal
Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior
to buildout of the project, exceeds the special tax revenues available from parcels for
which building permits have been issued, then the special tax may also be applied to
property within recorded final subdivision maps, as well as other undeveloped property
within the boundaries of the CFD.
With the adoption of the Resolution of Intention, the Public Hearing would be scheduled
for March 6, 2024.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for sustained economic growth.
Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD
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have been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024-011 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 38) and authorizing the levy of a special taxes therein.
Attachments
Attachment 1 – Resolution of Intention No. 2024-011
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment
Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:
First Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was adopted
declaring election results for Community Facilities District No. 2019-
1; and first reading of Ordinance No. MC-1522 levying special taxes
to be collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District
No. 2019-1.
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Resolution No. 2024-011
Resolution No. 2024-011
January 17, 2024
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RESOLUTION NO. 2024-011
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN
BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 38) AND AUTHORIZING
THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”),
on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino
(the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the
landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex
territory to CFD No. 2019-1 and consenting to the shortening of election time requirements,
waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the
election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners
have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD
No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it
proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the
Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor
and City Council determines that the public convenience and necessity require that such territory
be annexed to the Community Facilities District.
SECTION 2.Name of the Community Facilities District. The name of the existing
community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance
Services)”.
SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which property may
annex to CFD No. 2019-1 and are more particularly described and shown on that certain map
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Resolution No. 2024-011
Resolution No. 2024-011
January 17, 2024
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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is
described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is
also shown and described on the map thereof entitled "Annexation Map No. 38, Community
Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San
Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and
attached hereto as Exhibit D.
SECTION 4.Description of Authorized Services. The services proposed to be financed
by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD No.
2019-1, determination of the amount of special taxes, collection or payment of special taxes, or
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The
Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided
in the territory of CFD No. 2019-1 and do not supplant services already available within that
territory.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit C.
SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the
area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the
City Clerk shall file the original of the Annexation map in his office and shall file a copy of the
Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days
prior to the date of the hearing specified in Section 7 hereof.
SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as
soon thereafter as practicable, on Wednesday, March 6, 2024, at the Bing Wong Auditorium of
the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410,
as the time and place when and where the Mayor and City Council will conduct a public hearing
on the proposed annexation of the said territory to the CFD No. 2019-1.
SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-
1. The publication of said notice shall be completed at least seven days prior to the date herein
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of
the Act.
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Resolution No. 2024-011
Resolution No. 2024-011
January 17, 2024
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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday March 6, 2024
to call the election on the annexation for the same date, pursuant to waiver of election time limits
from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each
landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially
the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the
property owner is attached hereto as Exhibit E and incorporated herein by this reference.
SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 11. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 12. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-011
Resolution No. 2024-011
January 17, 2024
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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. 2024-011, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 38 is currently comprised of two (2) parcels, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0134-093-48 In-N-Out Burgers
0134-093-05 In-N-Out Burgers
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EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
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Community Facilities District No. 2019-1 (Maintenance Services)
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
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The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
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Community Facilities District No. 2019-1 (Maintenance Services)
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
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Community Facilities District No. 2019-1 (Maintenance Services)
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
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I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
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APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 39
LLA 2023-008
Item Description Estimated Cost
1 Lighting $359
2 Streets $3,933
3 Drainage $45
4 Reserves $650
5 Admin $1,000
Total $5,987
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 39
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $3,081 $0
TAX ZONE 39
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $3,081 $0
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TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc.
1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc.
2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC
3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC
4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC
5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC
6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC
8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC
9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC
10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC
11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP
12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings
13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.
14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust
15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC
16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP
17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson
18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust
19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC
20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP
21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC
22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC
23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC
24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC
25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al.
26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC
28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC
29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC
30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC
31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co.
32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC
33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC
34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC &
Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC
36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC
37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC
38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California
Corporation
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City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
Packet Page. 335
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
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EXHIBIT D
SHEET 1 OF 1 SHEETANNEXATION MAP NO. 38
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
_____________, THIS _______ DAY OF _______, 20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.
NUMBER
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO COUNTY
BY:________________________________
DEPUTY RECORDER
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AT
ON THE ____ DAY OF ____________________,
A REGULAR MEETING THEREOF, HELD
20 ____.
BY ITS RESOLUTION NO. ____________________
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO 390134-093-48
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF
________, 20 ____.
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO
þ
18 þ
330
¤
66
þ
210þ
259þ
0 ¤
66CFD 2019-1
TAX ZONE 39 _¤
66 LEGEND
§¦
215
ANNEXATION AREA BOUNDARY
PARCEL LINEþ
38§¦
10 CITY BOUNDARY -THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR
PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2023-24.
XXXX-XXX-XX
39
ASSESSOR PARCEL NUMBER (APN)
TAX ZONE
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Packet Page. 339
PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT
NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
1.The undersigned requests that the City Council of the City of San Bernardino, initiate
and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act")
(Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) (the "Community Facilities District") of the property described below and consents to
the annual levy of special taxes on such property to pay the costs of services to be provided by the community
facilities district.
2.The undersigned requests that the community facilities district provide any services
that are permitted under the Act including, but not limited to, all necessary service, operations, administration
and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities,
ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls,
fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a
healthy, vigorous and satisfactory working condition.
3.The undersigned hereby certifies that as of the date indicated opposite its signature,
it is the owner of all the property within the proposed boundaries of the Community Facilities District as
described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4.The undersigned requests that a special election be held under the Act to authorize
the special taxes for the proposed community facilities district. The undersigned waives any requirement for
the mailing of the ballot for the special election and expressly agrees that said election may be conducted by
mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being
the office of the City Clerk and the undersigned request that the results of said election be canvassed and
reported to the City Council at the same meeting of the City Council as the public hearing on the creation of
the Community Facilities District or at the next available meeting.
5.Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly
waives all applicable waiting periods for the election and waives the requirement for analysis and arguments
relating to the special election, and consents to not having such materials provided to the landowner in the
ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly
waives all notice requirements relating to hearings and special elections (except for published notices
required by the Act), and whether such requirements are found in the California Elections Code, the California
Government Code or other laws or procedures, including but not limited to any notice provided for by
compliance with the provisions of Section 4101 of the California Elections Code.
6.The undersigned hereby consents to and expressly waives any and all claims based
on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and
any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to
annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the
EXHIBIT E
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EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 38)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on January 17, 2024
adopted its Resolution No. 2024-___, in which it declared its intention to annex territory to existing
Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a
special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.
The resolution describes the territory to be annexed and describes the rate and method of apportionment
of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as
practicable, Wednesday, March 6, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City
Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the
testimony of all interest persons for or against the annexation of the territory or the levying of the special
taxes will be heard. If and to the extent participation in the March 6, 2024 meeting must occur by
teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of California, the means and methods for participating the meeting shall
be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on
the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda
will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.
DATED: ____________, 2024 _________________________________________
City Clerk of the City of San Bernardino
PUB: _______________, 2024
Packet Page. 343
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 38
(January 17, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
In-N-Out Burgers 1.94 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
January 3, 2024, two calendar weeks prior to the date set for the election. Mailing
later than this deadline creates the risk that the special tax ballot may not be
received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on January 17,
2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA
92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on January 17, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 344
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
In-N-Out Burgers
Attn: Mike Abbate
13502 Hamburger Lane
Baldwin Park, CA 91706
0134-093-48 and 0134-093-05
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2019-1
(Maintenance Services) adopted by the City Council on December
6, 2023 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 38 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses), and shall an appropriation limit be established
for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Mike Abbate
Assistant VP of Real Estate
Signature
Print Name
Title
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EXHIBIT H
Packet Page. 346
H ST5TH ST
6TH ST
G STF STSPRU CE ST
4TH ST
§¨¦215
£¤66
^_
MIL L ST
16TH ST
SPRUCE ST
SIERRA WAYWATERMAN AVENINTH ST
CAM PUS WAY
2ND S T
MAGNOLIA AVE
ORANGE SHOW RD
4TH ST
RANCHO AVE17 TH S T
BASE LINE ST
SECOND S T
PEPPER AVCITRUS ST
PACIFIC ST
28TH ST
CEDAR AVETIPPECANOE STCENTRAL AVE
MERIDIAN AVESAN BERNARDINO AVE NORMAN R D
PENNSYLVANIA AVEWATERMAN AVECITRUS AVE
EUCALYPTUS AVEMT.VIEW AVECOLTON AVEMIL L ST
§¨¦10
·|}þ259
£¤66
·|}þ259
·|}þ210
§¨¦215£¤66
£¤66
CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 37
PROJECT MAP
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary E. Lanier, Director of Community Development and
Housing
Department:Community Development and Housing
Subject:Resolution Declaring Intent to Annex Territory:
Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 39, Tax Zone No. 40 (Ward
1)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024-012 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 39) and authorizing the levy of a special taxes therein.
Executive Summary
The recommended actions are the first step of the annexation process for the proposed
development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance
Services). The property owner has petitioned the City to annex into the City’s CFD to
mitigate its impacts for maintenance service of public facilities as a result of the new
development. The special taxes will be levied annually to offset general fund
expenditures related to the maintenance of public improvements within and for the
benefit of the development.
Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81,
initiating the formation of Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the
purpose of levying special taxes on parcels of taxable property to provide certain
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services which are necessary to meet increased demands placed upon the City.
On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178,
establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on
parcels of taxable property for the purpose of providing certain services that are
necessary to meet increased demands placed by development upon the City.
Discussion
Development projects are subject to conditions of approval that require projects to
form/annex into a maintenance district. These districts apply an annual fee or special
tax upon properties within the District, which provide the revenue to offset the cost of
maintenance of the public improvements necessary to serve the development. The
Developer has agreed to initiate and conduct the CFD annexation proceedings
pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver"
form, which is on file in the City Clerk's office that authorizes the City to (1) hold the
election and declare election results; (2) shorten election time requirements; (3) waive
analysis and arguments; (4) waive all notice requirements relating to the conduct of the
election immediately following the public hearing.
The public facilities and services proposed to be financed within the territory to be
annexed to the District are the following:
1. Public lighting and appurtenant facilities, including street lights within public
rights-of-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. Maintenance and operation of water quality improvements, including storm
drainage and flood protection facilities; and
4. City and County costs associated with the setting, levying and collection of
the special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
The proposed development includes approximately 15.05 gross acres of an empty
industrial lot. The property is located at the southwest corner of 9th Street and
Tippecanoe Street. This development will include a warehouse as a new Tax Zone No.
40 within CFD No. 2019-1, as shown in the boundary map and included in the
Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a
Resolution of Intention to annex property must be approved to identify the facilities to
be maintained and establish the maximum special tax for this Tax Zone. The
Resolution of Intention shall also set the date and time for the public hearing.
The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone
No. 40), is included as Exhibit “C” to the Resolution of Intention. The maximum annual
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special tax for this development has been calculated to be $473 per acre for FY
2023/24. Special Tax rate is proposed to escalate each year at the greater of
Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a
maintenance exhibit to illustrate which services are being maintained by the CFD.
To annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance, which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1, including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area).
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
The individual property owner in the CFD will be responsible for annual payments of
special taxes. Upon full completion of the development, it is estimated that there will be
an annual collection of special tax revenues of approximately $6,761 to be used to pay
for maintenance costs.
On March 1 of each year, every taxable unit for which a building permit has been issued
within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal
Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior
to the buildout of the project, exceeds the special tax revenues available from parcels
for which building permits have been issued, then the special tax may also be applied
to property within recorded final subdivision maps, as well as other undeveloped
property within the boundaries of the CFD.
With the adoption of the Resolution of Intention, the Public Hearing would be scheduled
for March 6, 2024.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long-term economic growth.
Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD
have been borne by the Developer.
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Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024-012 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 39) and authorizing the levy of a special taxes therein.
Attachments
Attachment 1 – Resolution of Intention No. 2024-012
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment
Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:
First Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was
adopted declaring election results for Community Facilities District
No. 2019-1; and first reading of Ordinance No. MC-1522 levying
special taxes to be collected during FY 2019-20 to pay annual costs
of maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District
No. 2019-1.
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Resolution No. 2024-012
Resolution No. 2024-012
January 17, 2024
Page 1 of 4
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RESOLUTION NO. 2024-012
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN
BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 39) AND AUTHORIZING
THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”),
on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino
(the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the
landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex
territory to CFD No. 2019-1 and consenting to the shortening of election time requirements,
waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the
election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners
have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD
No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it
proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the
Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor
and City Council determines that the public convenience and necessity require that such territory
be annexed to the Community Facilities District.
SECTION 2.Name of the Community Facilities District. The name of the existing
community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance
Services)”.
SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which property may
annex to CFD No. 2019-1 and are more particularly described and shown on that certain map
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Resolution No. 2024-012
Resolution No. 2024-012
January 17, 2024
Page 2 of 4
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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is
described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is
also shown and described on the map thereof entitled "Annexation Map No. 39, Community
Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San
Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and
attached hereto as Exhibit D.
SECTION 4.Description of Authorized Services. The services proposed to be financed
by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD No.
2019-1, determination of the amount of special taxes, collection or payment of special taxes, or
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The
Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided
in the territory of CFD No. 2019-1 and do not supplant services already available within that
territory.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit C.
SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the
area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the
City Clerk shall file the original of the Annexation map in his office and shall file a copy of the
Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days
prior to the date of the hearing specified in Section 7 hereof.
SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as
soon thereafter as practicable, on Wednesday, March 6, 2024, at the Bing Wong Auditorium of
the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410,
as the time and place when and where the Mayor and City Council will conduct a public hearing
on the proposed annexation of the said territory to the CFD No. 2019-1.
SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-
1. The publication of said notice shall be completed at least seven days prior to the date herein
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of
the Act.
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Resolution No. 2024-012
Resolution No. 2024-012
January 17, 2024
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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday March 6, 2024
to call the election on the annexation for the same date, pursuant to waiver of election time limits
from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each
landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially
the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the
property owner is attached hereto as Exhibit E and incorporated herein by this reference.
SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 11. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 12. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-012
Resolution No. 2024-012
January 17, 2024
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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. 2024-012, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 39 is currently comprised of four (4) parcels, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0278-191-12 PME Oakmont Tippecanoe LP
0278-191-17 PME Oakmont Tippecanoe LP
0278-191-25 PME Oakmont Tippecanoe LP
0278-191-28 PME Oakmont Tippecanoe LP
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EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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City of San Bernardino 3
Community Facilities District No. 2019-1 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services)
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
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City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services)
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
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City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services)
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
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City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
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City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services)
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
Packet Page. 365
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services)
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
Packet Page. 366
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
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City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 40
LM 2022-019
Item Description Estimated Cost
1 Lighting $864
2 Streets $3,658
3 Drainage $488
4 Reserves $751
5 Admin $1,000
Total $6,761
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 40
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $473 $0
TAX ZONE 40
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $473 $0
Packet Page. 368
City of San Bernardino 12
Community Facilities District No. 2019-1 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc.
1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc.
2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC
3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC
4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC
5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC
6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC
8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC
9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC
10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC
11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP
12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings
13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.
14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust
15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC
16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP
17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson
18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust
19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC
20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP
21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC
22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC
23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC
24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC
25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al.
26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC
28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC
29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC
30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC
31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co.
32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC
33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC
34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC &
Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC
36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC
37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC
38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California
Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP
40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC
41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC
Packet Page. 369
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
Packet Page. 370
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Page. 371
City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
Packet Page. 372
EXHIBIT
D
SHEET 1 OF 1 SHEETANNEXATION MAP
NO. 39COMMUNITY FACILITIES DISTRICT NO.
2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STAT E OF
CALIFORNIA
THIS MAP SHOWS THE BOUNDARIES OF AREAS
TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1
(MAINTENANCE SERVICES), OF THE CITY
OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO,
STAT E OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S
CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
NUMBER
_____________, THIS _______ DAY OF _______,
20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT
PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE
AMOUNT
OF $_____________.
THE BOUNDARIES OF WHICH COMMUNITY
FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON
THE MAP
THEREOF WHICH WAS PREVIOUSLY
RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF
ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE
32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE
OF THE
COUNTY RECORDER OF THE COUNTY OF SAN
BERNARDINO,
STAT E OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO
COUNTY
BY:___________________________
_____
DEPUTY RECORDERI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING
PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN
BERNARDINO,
COUNTY OF SAN BERNARDINO, STAT E OF
CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY
OF SAN
BERNARDINO AT A REGULAR MEETING
THEREOF, HELD
ON THE ____ DAY OF
____________________,
20 ____.
BY ITS RESOLUTION NO.
____________________
___________________________________
______
CITY CLERK, CITY OF SAN BERNARDINO 0278-191-17FILED IN THE OFFICE OF THE CITY CLERK THIS _____
DAY OF
________, 20 ____.40___________________________________
______
CITY CLERK, CITY OF SAN BERNARDINO 0278-191-25
þ
18 þ
330¤
66 0278-191-12þ
210þ
259þ0 SEVENT
H
ST LEGEN
D
CFD 2019-1
TAX ZONE
40
¤
66 _¤
66 ANNEXATION AREA BOUNDARY
PARCEL LINE§¦
215 þ
38
CITY BOUNDARY§¦
10 XXX-XXX-XXX
40
ASSESSOR PARCEL NUMBER
TAX ZONE-THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LANDINCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL
REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2023-24.
Packet Page. 373
Packet Page. 374
Exhibit E
Packet Page. 375
Packet Page. 376
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 39)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on January 17, 2024
adopted its Resolution No. 2024-___, in which it declared its intention to annex territory to existing
Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a
special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.
The resolution describes the territory to be annexed and describes the rate and method of apportionment
of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as
practicable, Wednesday, March 6, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City
Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the
testimony of all interest persons for or against the annexation of the territory or the levying of the special
taxes will be heard. If and to the extent participation in the March 6, 2024 meeting must occur by
teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of California, the means and methods for participating the meeting shall
be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on
the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda
will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.
DATED: ____________, 2024 _________________________________________
City Clerk of the City of San Bernardino
PUB: _______________, 2024
Packet Page. 377
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 39
(March 6, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
PME Oakmont Tippecanoe, LP 15.05 16
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 21, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 6, 2024,
at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on March 6, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 378
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
PME Oakmont Tippecanoe, LP
Attn: John Atwell
3520 Piedmont Road, Suite 100
Atlanta, GA 30305
0278-191-12, 0278-191-17,
0278-191-25, 0278-191-28
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2019-1
(Maintenance Services) adopted by the City Council on January 17,
2024 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 39 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses), and shall an appropriation limit be established
for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
John Atwell
Senior Vice President
Signature
Print Name
Title
Packet Page. 379
EXHIBIT H
CFD MAINTENANCE AREA
OAKMONT- TIPPECANOE
Packet Page. 380
TIPPECANOE STSIXTH ST
OLIVE ST
SEVENTH ST
NINTH ST
UNIO N ST
VINE ST
DEL ROSA DRSAN BERNARDINO PEOLE RD^_
MIL L ST
16TH ST
SPRUCE ST
SIERRA WAYWATERMAN AVENINTH ST
CAM PUS WAY
2ND S T
MAGNOLIA AVE
ORANGE SHOW RD
4TH ST
RANCHO AVEBASE LINE ST MOUNTIAN AVECITRUS ST
PACIFIC ST
28TH ST
FOOTHILL DR
CEDAR AVE34TH ST
TIPPECANOE STCENTRAL AVE
NORMAN R D
PENNSYLVANIA AVEWATERMAN AVECITRUS AVE MT.VIEW AVECOLTON AVEMIL L ST
·|}þ259
£¤66
·|}þ259
·|}þ210
§¨¦215£¤66 SIERRA WAYCFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 39
PROJECT MAP
Packet Page. 381
1
7
7
4
DISCUSSION
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary Lanier, Interim Agency Director of Community, Housing,
and Economic Development
Department:Community, Housing, & Economic Development (CED)
Subject:San Bernardino Regional Housing Trust Letter of
Intent (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City to join the San Bernardino Regional Housing Trust by
submitting a Letter of Intent to the San Bernardino Council of Government.
Executive Summary
Submitting a letter of intent to join the San Bernardino Regional Housing Trust
(SBRHT) serves as the initial step in becoming a member and does not financially
obligate or commit the City to remain in the SBRHT. This would allow the City to avoid
incurring additional fees that would be applied for joining after the initial opt-in period.
The City currently lacks the staffing capacity and operational readiness to implement
its own housing trust, and even with the assistance of a consultant, it is unlikely that
this could be established in time to be competitive for calendar year 2024 grant funding.
If the City were to establish its own housing trust at some point in the future, it can then
opt out of the SBRHT, even after formally joining, by providing a written notice of exit
six months prior to the start of a new fiscal year.
Background
Cities across the State are grappling with an affordable housing shortage that has been
exacerbated over the past decade due to the dismantling of the State’s Redevelopment
Agencies (RDA), which had been the largest funder for affordable housing bringing in
roughly $1 billion annually across the State for affordable housing. RDA’s supported
community facilities, combated urban blight, and encouraged sustainable
communities. With spiraling housing costs, and the lack of a significant and consistent
funding source, cities and counties must find alternative options to help boost the
affordable housing stock.
Packet Page. 382
1
7
7
4
To help offset costs associated with affordable housing development, cities and
counties utilize Housing Trusts, which play an important role in comprehensive
equitable housing solutions that support long-term affordability and serve low-income
households, people of color and other historically disadvantaged communities.
Housing trusts receive financial support from a variety of sources. Some of the most
common categories of funding include dedicated funding from local jurisdictions, State
and federal grants, bonds, and private donations and funds only accessible to housing
trusts.
In 2017, the California Legislature approved Senate Bill 3 (SB 3), which authorized the
issuance of $4 billion in bonds to fund a variety of housing programs, including the
Local Housing Trust Fund (LHTF) Program. These funds are currently used to expand
funding sources for housing, increase the supply of affordable housing through the
creation of new local housing trust funds, and support ongoing operations of existing
local housing trust funds.
On October 18, 2023, a presentation was received and filed by the Mayor and City
Council concerning the San Bernardino Council of Governments’ (SBCOG’s) plan to
form a separate Joint Powers Authority (JPA) for the establishment of a regional
housing trust. SBCOG intends to utilize Southern California Association of
Governments (SCAG) REAP 2.0 funds once awarded to initiate and implement the
new JPA. This includes all studies, research, analysis, legal action/fees, etc. to be
funded by REAP 2.0. Qualified staffing will be selected through a procurement process
that will likely include member agency staff.
It was recommended that the JPA be its own separate legal entity known as the San
Bernardino Regional Housing Trust (SBRHT) and be made up of member agencies
with a non-profit component that would enable the SBRHT to solicit and accept private
donations. The purpose of SBRHT is to attract significant funding and affordable
housing interest into the San Bernardino Region.
Joining the SBRHT would allow the City the opportunity to work with eleven (11) other
jurisdictions and policy makers who have submitted a Letter of Intent to the San
Bernardino Council of Governments (SBCOG’s) Board to participate in SBHRT.
Jurisdictions that Have Joined the SBRHT
City of Colton City of Redlands
City of Fontana City of Rialto
City of Needles City of Twentynine Palms
City of Ontario City of Yucaipa
City of Rancho Cucamonga City of Yucca Valley
County of San Bernardino
In November 2023, SBRHT Ad Hoc committee met to provide guidance to staff
regarding the implementation of the trust. There is currently one (1) vacancy on the Ad
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Hoc. The Board President will make an appointment to fill the vacancy in January.
Once a JPA is formed, the new JPA Board will make all governing decisions.
During the October 18, 2023, Mayor and City Council meeting, staff was directed to
evaluate a comparison between establishing a local housing trust or joining a regional
housing trust so that the City Council can make an informed determination on the next
steps.
Discussion
Developing a local housing strategy and housing trust fund (HTF) is both a time and
resource-intensive process that requires a strategic plan, community engagement,
engagement of leadership across multiple departments, and active participation from
internal and external stakeholders (i.e., the Housing Authority, non-profits, State
government, neighborhood groups, developers, lenders, Housing Division, Planning
Division, etc.).
When a city, county, or regional entity establishes an HTF, there are multiple required
and recommended steps to make it official, functional, and effective. Foundational
steps include:
•Establishing the Board of Trustees.
•Identifying funding priorities.
•Developing a framework to operate effectively.
•Submitting a housing trust bylaw to the Attorney General.
•Recording a Declaration of Trust.
•Setting up a trust fund account.
•Ensuring transparency.
•Setting up a budget.
•Determining an operating approach.
The purpose of establishing an HTF is to assist in the creation and preservation of
mixed-income and affordable housing initiatives for the benefit of extremely low-
through moderate-income households using the Local Housing Trust Fund (LHTF)
Program. This program was established by the California Department of Housing and
Community Development (HCD) and provides matching funds to local and regional
housing trust funds.
Local Housing Trust Fund Program
HCD’s LHTF Program is an important and highly competitive source of funding for local
and regional housing trusts. In March of 2023, HCD released a Notice of Funding
Availability (NOFA) of $53 million, and it is expected to release a similar NOFA in March
of 2024. It is important to note, however, that the maximum annual award per applicant
is $5 million, and applicants must have already deposited a dollar-for-dollar match in
their housing trust at time of application. This means that in order to be eligible to
receive a $5 million award, applicants must also commit/deposit $5 million of their own
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funds into the trust. Additionally, applicants must also fund their HTFs from ongoing
revenues sufficient to remain in operation for at least 5 years after being awarded,
totaling at least an average of $100,000 per year. This is in addition to the initial
deposit.
When HCD releases the NOFA for the LHTF Program, it outlines all application,
program, and reporting requirements, as well as a scoring criterion under which all
applications will be evaluated. Applications are typically due in May of each year,
giving applicants approximately one month to submit a competitive application. If an
applicant is awarded funding through the LHTF Program but fails to expend those funds
towards the activities that they committed to in their application, HCD may assess
negative points when scoring future applications from the same applicant. Additionally,
previously awarded applicants must have committed at least 40 percent of the previous
award(s) in order to be eligible to submit an application for the current year’s NOFA.
Finally, city and county applicants must have a housing element that was adopted by
their governing body and subsequently determined by HCD to be in compliance with
state Housing Element Law by the time awards are announced. If an applicant is
determined to be out of compliance at the time awards are announced, it will be
ineligible to receive funding and the next highest scoring eligible application may be
funded in its place.
If an applicant is awarded funding, they must provide HCD with an annual report every
July 31. This annual report requires awardees to track all projects that are being
assisted by the LHTF Program funds, including the project name, type of housing,
number of units, income level restricted in each unit, bedroom count of each unit, and
amount of program funds expended per unit. Additionally, the annual report requires
awardees to document the expenditure of all matching funds, including the amount by
source. Funding is required to be used to provide construction loans and/or permanent
financing loans to pay for the construction or rehabilitation of affordable rental housing
projects, emergency shelters, permanent supportive housing, transitional housing, and
affordable homebuyer/homeowner projects. Funding may also be used to assist
income-eligible first-time homebuyers to purchase homes and to rehabilitate houses
owned by income-eligible occupants, as well as to construct, convert, reconstruct,
rehabilitate and/or repair Accessory Dwelling Units (ADUs) or Junior Accessory
Dwelling Units (JADUs).
Essentially, to be eligible for the maximum funding award through HCD’s LHTF
Program, cities and counties must:
•Have a finalized Housing Element that is compliant with state law.
•Deposit $5 million into their HTF each year that they apply for funding.
•Commit at least an additional $100,000 per year to their HTF for five years.
•Have committed at least 40 percent of any previous award(s) towards projects.
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To be competitive and eligible for future years of funding, an applicant needs to have
a functional and effective affordable housing strategy with a robust project pipeline.
The program requires a significant financial commitment in order to be eligible for the
maximum funding award of $5 million, and the applicant must have the capacity to
spend down awarded funds timely and effectively.
Establishing a City of San Bernardino Local Housing Trust
If the City were to implement its own housing trust, it would be able to apply to the
LHTF Program directly; however, the City currently lacks the staffing capacity and level
of expertise needed to develop and implement its own HTF. As a result, the City would
need to hire a consultant for assistance with an estimated cost of $75,000-$100,000.
Based on a survey of other cities that followed a similar path, the average timeframe
between releasing an initial RFP for a consultant and establishing an HTF is 8 months.
Additionally, once established, the City would then need to finalize the legal and
financial structures necessary for operating its HTF, as well as make appointments to
its board of trustees. For the other cities that were surveyed, this can take an additional
6 months, if not longer. It is also important to note that other cities continue to retain a
consultant after establishing an HTF, which is done in addition to hiring an in-house
project manager for the program. This is needed to ensure proper management of the
HTF, where awarded funds are spent appropriately and all reporting obligations to HCD
are met. Additionally, due to the narrow application window for HCD’s LHTF Program,
consultants are often relied on to assist with drafting competitive applications to secure
future funding.
It will likely take the City longer to accomplish the above mentioned steps due to current
challenges with vacancy and turnover rates. Additionally, the City’s Housing Element
has not yet been finalized, which is a requirement in order to receive funds. If the City
were to establish its own HTF, it would not be ready to apply for 2024 funding and is
unlikely to be ready to submit a competitive application for 2025 funding; the City needs
additional staffing capacity and expertise, and it also needs to conduct additional
strategic planning for an affordable housing strategy.
Joining a regional housing trust alleviates many of these challenges and would allow
the City to receive funding for its current projects earlier than it would if it declined to
join. It is also important to note that joining a regional housing trust does not prevent
the City from developing its own in the future, and it would afford the City time to rebuild
its staffing capacity and expertise so that it could properly establish its own HTF, if
desired.
Benefits of Joining a Regional Housing Trust
A Regional Housing Trust provides a mechanism to raise and leverage existing funds
to support the creation of a housing trust, with a focus on affordable housing. Given
the limited capacity of local jurisdictions to devote resources to trust administration,
and San Bernardino Council of Governments’ (SBCOG) well-established role in the
region, SBCOG is both qualified to and capable of administering a regional housing
trust that would address regional housing needs while minimizing duplication of
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resources across San Bernardino County. SBCOG worked with the City/County
Managers Technical Advisory Committee in 2022 to conduct research, analysis, and
outreach in an effort to create a structure for how a regional housing trust would work
in San Bernardino, including a strategic plan and white paper.
On April 5, 2023, the SBCOG Board of Directors authorized staff to begin the process
of establishing the San Bernardino Regional Housing Trust (SBRHT), including the
establishment of a new Joint Powers Authority. Staff will begin working with a Housing
Trust Ad Hoc Committee to develop recommendations regarding policy decisions for
the SBRHT.
Steps Needed to Join the San Bernardino Regional Housing Trust Fund (SBRHT)
The first step in becoming a member of the SBRHT is to submit a Letter of Intent (LOI),
signed by the City Manager to the San Bernardino Council of Governments (SBCOG).
The LOI does not financially obligate the City or commit the City to remaining in the
SBRHT; it only serves to communicate the City’s interest in becoming a member.
At some point in the future, the City would need to take formal action to join the SBRHT
JPA by adopting a Resolution. Should the City later decide to opt out of the SBRHT a
new Resolution rescinding its membership at the local level will need to be adopted.
The City would be required to provide written notice of exit six months prior to the start
of a new fiscal year.
Pros and Cons of Joining a Regional Housing Trust
Because most jurisdictions have limited staffing, time, funding, and/or expertise to
administer a housing trust fund it can be a prudent decision to join a regional housing
trust to avoid the unnecessary strain of limited resources. A regional housing trust can
help leverage the region’s collaborative strengths, relieving the pressure of local
housing needs through a regional approach and in theory secure more funding to invest
in the region than the aggregate of any individually managed local programs. Although
Housing Trusts can offer many benefits by consolidating resources and expertise to
address broader housing challenges, they also face challenges related to coordination,
governance, and decision-making due to the involvement of multiple stakeholders and
jurisdictions. Below is a list of pros and cons associated with joining a regional housing
trust.
Pros:
1.Pooling Resources: Allows local governments to pool their resources, which can
amplify funding and support for housing initiatives that benefit a larger area.
2.Leveraging Expertise: Provides a wide range of expertise and perspectives,
enabling more comprehensive planning and implementation of housing strategies.
3.Addressing Regional Needs: They're effective in addressing housing issues that
transcend city or county boundaries. By working regionally, they can tackle
problems that affect a larger population and require a more extensive approach.
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4.Economies of Scale: By operating at a larger scale, regional housing trusts may
achieve economies of scale in terms of purchasing power, construction, or
administrative costs, potentially stretching resources further.
5.Flexible Source Gap Financing: helps bridge the financial shortfall between
available funds and the total project cost. This is particularly beneficial for projects
that might not secure full funding from conventional sources.
Cons:
1.Complexity and Coordination: Coordinating efforts across multiple local
governments can be challenging. Differences in regulations, priorities, and
administrative processes among participating entities might slow down decision-
making or create complications.
2.Competing Interests: Balancing the needs and priorities of various regions or
stakeholders involved can be difficult. Conflicting interests might arise, leading to
challenges in reaching consensus or implementing initiatives effectively.
3.Accountability and Governance: With multiple stakeholders involved,
determining clear lines of accountability and governance can be complex. Ensuring
transparency and equitable distribution of resources becomes more challenging.
4.Slow Decision-making: Inherent bureaucracy and the need for consensus
among multiple entities may slow down the decision-making process, potentially
delaying the implementation of housing projects or policies.
It is critical that SBRHT demonstrates an equitable fund distribution to address
housing needs across all connected cities. SBRHT intends to establish an
Administrative Plan and Bylaws to identify how to best allocate and reinvest funds for
maximum output. The City will only be able to participate in discussions if it has a seat
at the table. Below are some equity distribution strategies that SBRHT could
undertake to address concerns:
1.Needs Assessment: Conduct a comprehensive analysis to understand the
diverse housing needs across different communities within the region. This
assessment should consider demographics, income levels, housing affordability,
and existing gaps.
2.Transparent Allocation Criteria: Establish clear and transparent criteria for
allocating funds. These criteria should consider factors such as community need,
population density, income levels, existing housing conditions, and specific project
impact on different areas.
3.Community Engagement: Involve community representatives, stakeholders, and
housing advocates from various areas within the region in the decision-making
process. Gather input on where the funds are most needed and ensure that
different voices are heard.
4.Equity-Centered Policies: Develop policies that explicitly prioritize equity in fund
distribution. This might involve setting aside a certain percentage of funds for
underserved communities, prioritizing projects in areas with the greatest need, or
using a weighted scoring system that accounts for equity factors.
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5.Regular Evaluation and Monitoring: Continuously evaluate the impact of fund
allocation. Monitor the distribution of funds and their outcomes to ensure that they
align with the intended goals of equitable housing development.
6.Flexibility and Adaptability: Remain flexible to adapt fund distribution strategies
based on changing needs or unforeseen circumstances within different
communities. This might involve reallocating funds or adjusting priorities based on
updated assessments.
7.Partnerships and Collaboration: Collaborate with local governments, nonprofits,
community organizations, and housing experts to leverage their knowledge and
resources. Partnering with these entities can help identify areas of greatest need
and ensure effective fund distribution.
8.Data-Driven Approach: Use data and metrics to guide decision-making. Collect
and analyze data related to housing affordability, demographics, economic
indicators, and other relevant factors to inform equitable fund distribution
strategies.
Related Costs for Participating in a Regional Housing Trust
SBCOG estimates that an affordable housing trust fund will require approximately
$230,000 in annual contributions from participating jurisdictions for the first five to ten
years of operation until the fund achieves financial independence. The City’s initial
annual membership fee is expected to be $26,000.
2021-2025 Strategic Targets and Goals
Forming a Local Housing Trust or joining a Regional Housing Trust aligns with
Strategic Target No. 2: Focused, Aligned Leadership and Unified Community as a
Regional Housing Trust would allow the City to expand its funding pool and the
resources necessary to increase affordable housing. Both also align with Strategic
Target No. 3: Improved Quality of Life.
Fiscal Impact
There is no fiscal impact to the General Fund with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City to join the San Bernardino Regional Housing Trust by
submitting a Letter of Intent to the San Bernardino Council of Government.
Attachments
Attachment 1 Regional Housing Trust Fund Slide Deck
Attachment 2 Regional Housing Trust Letter of Intent
Ward:
All Wards
Synopsis of Previous Council Actions:
February 1, 2023 The City declared a Homelessness State of Emergency,
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which is exacerbated by the lack of affordable housing.
October 18, 2023 The Mayor and City Council received and filed a presentation
from the San Bernardino Council of Governments concerning
a regional housing trust.
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1
SBCTA/SBCOG in Collaboration with
Regional Housing Trust
San Bernardino Region
MARCH 2023
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2
What is a Housing Trust?01
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3
Housing Trust Overview
A program
or
organization
that raises
funding for:
New Construction of Affordable & Workforce Housing
Affordable Housing Preservation or Rehabilitation
Financing for the Purchase of Land
Transitional and Supportive Housing
Pre-Development Loans
Down Payment Assistance
Community Land Trusts
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Housing Trust Benefits
Flexible
Source of
Gap
Financing
•Revolving
Loan Funds
Ability to
Compete
for State
Funds
•Local
Housing
Trust
Program
Targeted
Solutions
for
Regional
Issues
•Workforce
Housing
Ability to
Pool
Resources
•Helps funds
go further
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Housing Trust Vision and Goals
•Attract affordable housing developers.
•Increase/preserve the region’s affordable
housing supply.
•Increase equitable access to community
resources.
•Provide financial relief for vulnerable and
cost-burdened households.
•Protect against displacement and poor
housing conditions
Attract significant
funding and
affordable housing
development
interest into the
San Bernardino
region.
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Why Do We Need a Housing Trust?02
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Why are we here?
Household Overcrowding
(more than 1 persons per bedroom)
•The Region has Census tracts with concentrations
of more than 20% of households that experience
overcrowded.
Household Overpayment
(spending more than 30% of income on housing
costs)
•Renters are especially cost burdened
•The Region has Census tracts where more than
80% of renters are burdened by the cost of
housing.
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Why are we here?
Poverty
(varies by number of people per household – a family
of 4 [2 adults and 2 children] are considered to live in
poverty if they earn less than $27k per year)
•The Region has Census tracts with concentrations
of more than 40% of households living below the
poverty level
Cost of Transportation
(as a percent of total household income)
•Regional average transportation cost is 27%
•Regional average combined housing and
transportation cost is 59%
Tax Credit - Higher Resource Areas
(higher resource areas are more competitive for
accessing TCAC funds for affordable housing)
•Most areas in the region fall within the moderate
to low resource categories.
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5th Cycle 6th Cycle
Lower-Income Moderate/ Above Moderate-Income
22,663
34,543
2,216
25,220
5th Cycle RHNA Compared to Units Permitted
San Bernardino County
RHNA Units Permitted
10%
of Lower-
Income
RHNA
Achieved
Lower-Income Moderate/ Above Moderate-Income
57,570
80,540
6th Cycle RHNA Allocation
San Bernardino County
RHNA
Increase
of 140%
73%
of Mod/Above
Mod-Income
RHNA
Achieved
Regional Housing Needs Assessment (RHNA) Cycles
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Steps Taken To Date03
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Strategic Plan
Outreach
Summary
Housing Need
Analysis
Funding
Opportunity
Analysis
Housing Trust
Activities
Affordable
Housing and
Project Pipeline
Inventory
Local Funding
Gap Analysis
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Outreach Summary
Outreach to all SBCOG member jurisdictions
Individual meetings with 15+ member jurisdictions
Letters of Interest Received from 11 member jurisdictions
Interviews with outside organizations
•Orange County Housing Finance Trust
•County of Orange
•San Gabriel Valley Regional Housing Trust
•Inland SoCal Housing Collective
•San Diego Innovative Housing Trust
Group Presentations
•SBCOG Board and Ad-Hoc Committee
•City/County Managers
•Planning Directors
•City Councils
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Funding Opportunity Analysis
Grant
Funding
Pursuits
Member
Agency
Revolving
Loan Fund
•Interest gained
over time
Nonprofit
Component
•Private
Donations
VMT
Mitigation
Bank
Earmark
Funds
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Local Funding Gap Analysis
5 Recently Completed Developments
•445 affordable units created
•$247,258,861 total investment
•Local funding share is 33% total project cost
4 Pipeline Projects
•321 affordable units
•$146,880,151 total investment
•Local funding share is 35% total project cost
*Local funds provide a notable financing layer that closes the affordable housing
development gap.
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Housing Trust Structure04
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Purpose and Structure
§Includes the following:
§Vision
§The San Bernardino Regional Housing Trust will attract significant funding and affordable
housing development interest into the San Bernardino region. Through strong participatory
governance, member jurisdictions will increase the region’s affordable housing supply, reduce
household overcrowding, increase equitable access to community resources, and provide
financial relief for vulnerable and cost-burdened households.
§Goals
§Increase/preserve region’s affordable housing supply
§Attract affordable housing developers
§Increase housing opportunities
§Protect against displacement and poor housing conditions
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A program
or
organization
that raises
funding for:
New Construction of Affordable Housing
Affordable Housing Preservation or Rehabilitation
Community Land Trusts
Workforce Housing
Pre-Development Loans
Down Payment Assistance
Financing for the Purchase of Land
Programming Priorities
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Administration05
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20
Proposed JPA Board of Directors Composition
§Board of Directors:
§One Director perJurisdiction (elected or designee by the jurisdictions’ appointed
body)
§Alternates for each Director position
§Members could be incentivized to join as founding members
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Administration
MOU with SBCOG to Administer Housing Trust
§Staffing
§Executive Director and agency staff
§Independent contractors, agents, volunteers, and consultants
§Treasurer and Auditor/Controller
§Lumped in with COG Annual Audits
§Attorney
§Account Set Up
§Need to establish accounts and subaccounts in commercial banking institutions
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Cost of the Trust06
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Projected Cost
§$315,000 Annual Operating Budget (this option totals $315k)
Population Annual Admin Fee
Up to 25,000 $26,000
25,001 – 50,000 $30,000
50,001 – 100,000 $32,000
250,001+$35,000
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Visualizing How it Works07
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26
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27
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Next Steps08
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Steps to Establish a Regional Housing Trust
Identify Participating Jurisdictions
Draft Administrative Plan (based on grant
criteria)
REAP 2.0 Funding Application
Establish a Joint Powers Authority (JPA)
Adopt an Administrative Plan
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Schedule
October November December January February March April May
•CCMTAC
•Letters of
Interest
•CCMTAC
•GPC
•MVSS
•Mtn/ Desert
Committee
•Board
•Ad-Hoc
Committee
•Board •Establish
JPA
•(Ongoing)
•REAP 2.0
Application
•Launch
Housing
Trust
•(Ongoing)
2022 2023
City Council Presentations – Letters of Interest
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Thank you
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290 North D St, San Bernardino, CA 92401 | P: 909-384-5122 | F: 909-384-5138 | www.SBCity.org
Office of the City Manager | Charles A. Montoya City Manager
January 17, 2024
Raymond Wolfe, Executive Director
San Bernardino Council of Governments
1170 W. Third Street, 2nd Floor
San Bernardino, California
92410
RE: INTEREST IN PARTICIPATING IN SAN BERNARDINO REGIONAL HOUSING TRUST
Dear Mr. Wolfe,
The City of San Bernardino is interested in participating in the San Bernardino Regional Housing Trust
(SBRHT) to be established by the San Bernardino Council of Governments (SBCOG). Through the SBHRT,
the City of San Bernardino intends to further the SBHRT’s goal to attract significant funding and
affordable housing development interest into the San Bernardino region.
The City of San Bernardino anticipates that SBCTA/SBCOG will administer SBRHT and that each
participating Party shall make annual contributions toward the budgeted administrative costs of SBRHT.
In return, SBRHT will provide services and support to the region and its Parties to carry out the purpose
of SBRHT.
This letter of interest is not a commitment, and we are providing this letter only to further the planning
for the establishment of the SBRHT. Final commitment to join the SBHRT will be subject to City Council
approval, funding availability, and other factors.
Should you have any questions regarding the City of San Bernardino’s interest, please contact Cassandra
Searcy at searcy_ca@sbcity.org or at 909-210-7767.
Thank you.
Sincerely,
Charles A Montoya
City Manager
On behalf of the City of San Bernardino
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Department:Community Development and Housing
Subject:Resolution Declaring Intent to Annex Territory:
Community Facilities District No. 2019-1 (Maintenance
Services): Annexation No. 40, Tax Zone No. 41 (Quick
Quack) (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024-013 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 40) and authorizing the levy of a special taxes therein.
Executive Summary
The recommended actions are the first step of the annexation process for the proposed
development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance
Services). The property owner has petitioned the City to annex into the City’s CFD to
mitigate its impacts for maintenance service of public facilities as a result of the new
development. The special taxes will be levied annually to offset general fund
expenditures related to maintenance of public improvements within and for the benefit
of the development.
Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81
initiating the formation of Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the
purpose of levying special taxes on parcels of taxable property to provide certain
services which are necessary to meet increased demands placed upon the City.
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On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178,
establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on
parcels of taxable property for the purpose of providing certain services which are
necessary to meet increased demands placed by development upon the City.
Discussion
Development projects are subject to conditions of approval that require projects to
form/annex a maintenance district. These districts apply an annual fee or special tax
upon properties within the District, which provides the revenue to offset the cost of
maintenance of the public improvements necessary to serve the development. The
Developer has agreed to initiate and conduct the CFD annexation proceedings
pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver"
form, which is on file in the City Clerk's office that authorizes the City to (1) hold the
election and declare election results; (2) shorten election time requirements; (3) waive
analysis and arguments; (4) waive all notice requirements relating to the conduct of the
election immediately following the public hearing.
The public facilities and services proposed to be financed within the territory to be
annexed to the District are the following:
1. Public lighting and appurtenant facilities, including streetlights within public
rights-of-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. City and County costs associated with the establishing, levying and collection of
the special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
The proposed development includes approximately 1.59 gross acres of an empty
commercial lot. The property is located at the northwest corner of N. Shandin Hills Dr
and Kendall Dr. This development will include a proposed 3,596 square foot car wash
building and a smaller building for employee use as a new Tax Zone No. 41 within CFD
No. 2019-1, as shown in the boundary map and included in the Resolution of Intention
as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to
annex property must be approved to identify the facilities to be maintained and establish
the maximum special tax for this Tax Zone. The Resolution of Intention shall also set
the date and time for the public hearing.
The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone
No. 41), is included as Exhibit “C” to the Resolution of Intention. The maximum annual
special tax for this development has been calculated to be $2,132 per acre for FY
2023/24. Special Tax rate is proposed to escalate each year at the greater of
Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a
maintenance exhibit to illustrate which services are being maintained by the CFD.
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In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance, which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area).
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
The individual property owners in the CFD will be responsible for annual payments of
special taxes. Upon full completion of the development, it is estimated that there will
be an annual collection of special tax revenues of approximately $3,411 to be used to
pay for maintenance costs.
On March 1 of each year, every taxable unit for which a building permit has been
issued within the boundaries of the CFD will be subject to the special tax for the
ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given
Fiscal Year, prior to the buildout of the project, exceeds the special tax revenues
available from parcels for which building permits have been issued, then the special
tax may also be applied to property within recorded final subdivision maps, as well as
other undeveloped property within the boundaries of the CFD.
With the adoption of the Resolution of Intention, the Public Hearing would be
scheduled for March 6, 2024.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long-term economic growth.
Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD
have been borne by the Developer.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt
Resolution No. 2024-013 of the Mayor and City Council of San Bernardino, California,
declaring its intention to annex territory into Community Facilities District No. 2019-1
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1
7
7
6
(Maintenance Services) of the City of San Bernardino, adopting a map of the area to
be proposed (Annexation No. 40) and authorizing the levy of a special taxes therein.
Attachments
Attachment 1 – Resolution of Intention No. 2024-013
Attachment 2 – Exhibit A - Description of Territory
Attachment 3 – Exhibit B - Description of Services
Attachment 4 – Exhibit C - Rate and Method of Apportionment
Attachment 5 – Exhibit D - Boundary Maps
Attachment 6 – Exhibit E - Signed Petition
Attachment 7 – Exhibit F - Notice of Public Hearing
Attachment 8 – Exhibit G - Special Election Ballot
Attachment 9 – Exhibit H - Maintenance Exhibit
Attachment 10 – Project Map
Ward:
Fifth Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was
adopted declaring election results for Community Facilities District
No. 2019-1; and first reading of Ordinance No. MC-1522 levying
special taxes to be collected during FY 2019-20 to pay annual costs
of maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District
No. 2019-1.
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Resolution No. 2024-
Resolution No. 2024-
Page 1 of 4
RESOLUTION NO.______
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN
BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 40) AND AUTHORIZING
THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”),
on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino
(the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the
landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex
territory to CFD No. 2019-1 and consenting to the shortening of election time requirements,
waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the
election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners
have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD
No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it
proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the
Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor
and City Council determines that the public convenience and necessity require that such territory
be annexed to the Community Facilities District.
SECTION 2.Name of the Community Facilities District. The name of the existing
community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance
Services)”.
SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which property may
annex to CFD No. 2019-1 and are more particularly described and shown on that certain map
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Resolution No. 2024-
Resolution No. 2024-
Page 2 of 4
entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is
described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is
also shown and described on the map thereof entitled "Annexation Map No. 40, Community
Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San
Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and
attached hereto as Exhibit D.
SECTION 4.Description of Authorized Services. The services proposed to be financed
by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD No.
2019-1, determination of the amount of special taxes, collection or payment of special taxes, or
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The
Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided
in the territory of CFD No. 2019-1 and do not supplant services already available within that
territory.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit C.
SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the
area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the
City Clerk shall file the original of the Annexation map in his office and shall file a copy of the
Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days
prior to the date of the hearing specified in Section 7 hereof.
SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as
soon thereafter as practicable, on Wednesday, March 6, 2024, at the Bing Wong Auditorium of
the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410,
as the time and place when and where the Mayor and City Council will conduct a public hearing
on the proposed annexation of the said territory to the CFD No. 2019-1.
SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-
1. The publication of said notice shall be completed at least seven days prior to the date herein
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of
the Act.
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Resolution No. 2024-
Resolution No. 2024-
Page 3 of 4
SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday March 6, 2024
to call the election on the annexation for the same date, pursuant to waiver of election time limits
from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each
landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially
the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the
property owner is attached hereto as Exhibit E and incorporated herein by this reference.
SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 11. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 12. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of __________ 2024.
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. 2024-
Resolution No. 2024-
Page 4 of 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-___, adopted at a regular meeting held on the _ __ day of _____ __ 2024
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 430
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 40 is currently comprised of two (2) parcels, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0266-521-20 Shandon Hills Plaza LLC
0266-521-22 Shandon Hills Plaza LLC
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EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
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EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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City of San Bernardino 3
Community Facilities District No. 2019-1 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services)
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
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City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services)
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
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City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services)
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
Packet Page. 438
City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
Packet Page. 439
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services)
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
Packet Page. 440
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services)
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
Packet Page. 441
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
Packet Page. 442
City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 41
LLA 2023-010
Item Description Estimated Cost
1 Lighting $288
2 Streets $1,809
3 Reserves $314
4 Admin $1,000
Total $3,411
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 41
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $2,132 $0
TAX ZONE 41
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $2,132 $0
Packet Page. 443
City of San Bernardino 12
Community Facilities District No. 2019-1 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc.
1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc.
2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC
3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC
4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC
5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC
6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC
8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC
9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC
10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC
11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP
12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings
13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.
14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust
15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC
16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP
17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson
18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust
19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC
20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP
21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC
22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC
23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC
24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC
25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al.
26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC
28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC
29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC
30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC
31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co.
32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC
33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC
34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC &
Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC
36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC
37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC
38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California
Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP
40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC
41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC
Packet Page. 444
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
Packet Page. 445
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Page. 446
City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
Packet Page. 447
EXHIBIT
D
SHEET 1 OF 1 SHEETANNEXATION MAP
NO. 40COMMUNITY FACILITIES DISTRICT NO.
2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STAT E OF
CALIFORNIA
THIS MAP SHOWS THE BOUNDARIES OF AREAS
TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1
(MAINTENANCE SERVICES), OF THE CITY
OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO,
STAT E OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S
CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
NUMBER
_____________, THIS _______ DAY OF _______,
20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT
PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE
AMOUNT
OF $_____________.
THE BOUNDARIES OF WHICH COMMUNITY
FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON
THE MAP
THEREOF WHICH WAS PREVIOUSLY
RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF
ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE
32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE
OF THE
COUNTY RECORDER OF THE COUNTY OF SAN
BERNARDINO,
STAT E OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO
COUNTY
BY:___________________________
_____
DEPUTY RECORDERI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING
PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN
BERNARDINO,
COUNTY OF SAN BERNARDINO, STAT E OF
CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY
OF SAN
BERNARDINO AT A REGULAR MEETING
THEREOF, HELD
ON THE ____ DAY OF
____________________,
20 ____.
BY ITS RESOLUTION NO.
____________________
___________________________________
______
CITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____
DAY OF
________, 20 ____.
41
___________________________________
______
CITY CLERK, CITY OF SAN BERNARDINO
CFD 2019-1
TA X ZONE 41
0266-521-22_þ
18 þ
330¤
66
þ
210þ
259þ0¤
66 LEGEN
D¤
66 ANNEXATION AREA BOUNDARY
PARCEL LINE§¦
215 þ
38
CITY BOUNDARY§¦
10 XXX-XXX-XXX
41
ASSESSOR PARCEL NUMBER
TAX ZONE-THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LANDINCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL
REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2023-24.
Packet Page. 448
Packet Page. 449
PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT
NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
1. The undersigned requests that the City Council of the City of San Bernardino, initiate
and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”)
(Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) (the “Community Facilities District”) of the property described below and consents to
the annual levy of special taxes on such property to pay the costs of services to be provided by the community
facilities district.
2. The undersigned requests that the community facilities district provide any services
that are permitted under the Act including, but not limited to, all necessary service, operations, administration
and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities,
ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls,
fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a
healthy, vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its signature,
it is the owner of all the property within the proposed boundaries of the Community Facilities District as
described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize
the special taxes for the proposed community facilities district. The undersigned waives any requirement for
the mailing of the ballot for the special election and expressly agrees that said election may be conducted by
mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being
the office of the City Clerk and the undersigned request that the results of said election be canvassed and
reported to the City Council at the same meeting of the City Council as the public hearing on the creation of
the Community Facilities District or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly
waives all applicable waiting periods for the election and waives the requirement for analysis and arguments
relating to the special election, and consents to not having such materials provided to the landowner in the
ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly
waives all notice requirements relating to hearings and special elections (except for published notices
required by the Act), and whether such requirements are found in the California Elections Code, the California
Government Code or other laws or procedures, including but not limited to any notice provided for by
compliance with the provisions of Section 4101 of the California Elections Code.
6. The undersigned hereby consents to and expressly waives any and all claims based
on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and
any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to
annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the
Exhibit E
Packet Page. 450
City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity,
error mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this ____ day of __________, 20___.
[NAME OF LANDOWNER]
By: _____________________________________
Name:
Title:
OWNER'S PROPERTY:
TRACT MAP OR PARCEL MAP NO.
or PROJECT NO.
OWNER'S MAILING ADDRESS:
__________________________________________
__________________________________________
__________________________________________
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF
SAN BERNARDINO THIS ____ DAY OF __________, 20___.
_____________________________________
City Clerk of the City Council of the
City of San Bernardino
Packet Page. 451
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 40)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on January 17, 2024
adopted its Resolution No. 2024-___, in which it declared its intention to annex territory to existing
Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a
special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code.
The resolution describes the territory to be annexed and describes the rate and method of apportionment
of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as
practicable, Wednesday, March 6, 2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City
Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the
testimony of all interest persons for or against the annexation of the territory or the levying of the special
taxes will be heard. If and to the extent participation in the March 6, 2024 meeting must occur by
teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of California, the means and methods for participating the meeting shall
be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on
the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda
will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.
DATED: ____________, 2024 _________________________________________
City Clerk of the City of San Bernardino
PUB: _______________, 2024
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EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 40
(March 6, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
Shandon Hills Plaza LLC 1.59 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
February 21, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not
be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 6, 2024,
at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on March 6, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 453
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Shandon Hills Plaza LLC
Attn: Mark Torres
6020 West Oaks Blvd, #300
Rocklin, CA 95765
0266-521-20
0266-521-22
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2019-1
(Maintenance Services) adopted by the City Council on January 17,
2024 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 40 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses), and shall an appropriation limit be established
for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Mark Torres
Chief Development Officer
Signature
Print Name
Title
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EXHIBIT H
PROJECT
SITE
VICINITY MAP
N.T.S.NORTH
NOT TO SCALE
OWNER: SAN BERNARDINO 611 L P
APN: 0266-211-22
N.A.P.
OWNER: 711 SAN BERNARDINO LLC
APN: 0266-521-21
N.A.P.
N SHANDIN HILLS DRIVE
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SHANDINHILLSDRMOUNTAIN DRTHIRD AVE40TH ST
KENDALL
DR
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16TH STWATERMAN AVECAM PUS WAY
MAGNOLIA AVE
17 TH S T MOUNTIAN AVECITRUS ST
PACIFIC ST
28TH ST
FOOTHILL DR
CEDAR AVEPARKDALE DR
34TH ST
TIPPECANOE STKENDALLDR
PALM AVEBELMONT AVE
OHIO AVE
WALNUT AVECAMBRIDGE AVECAJO
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·|}þ210LITTLEMOUNTAINDR48TH S T
SIERRA WAYE ST39TH S TPARK DRNORTHPARK BLVDG ST45TH ST
CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 40
PROJECT MAP
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8
0
0
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Mary E. Lanier, Interim Director of Community Development
and Housing
Department:Community Development and Housing
Subject:Approve Professional Service Agreement with SB
Express One LLC (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Approve the Professional Service Agreement with SB Express One LLC (Super 8
Motel) for the provision of motel rooms ranging from 28 rooms (minimum) to 75
rooms (maximum) for a total amount not to exceed $1,008,000 and for a term
beginning January 17, 2024, through January 17, 2025.
2. Authorize the City Manager or designee to take any further actions and execute any
further agreements or documents as necessary to effectuate the implementation of
the Motel Voucher Program.
Executive Summary
The Professional Service Agreement (PSA) for SB Express One LLC was excluded
from the Motel Voucher Program packet presented to the Council on December 6,
2023, due to additional review and pending submittal of information. The motel owner
has provided all required documentation to Housing Division staff and now complies
with City requirements to participate in the Motel Voucher Program. SB Express One
LLC will provide up to 75 rooms. There is no fiscal impact on the General Fund.
Background
On December 7, 2022, the Mayor and City Council unanimously agreed to allocate
$12.5 Million in American Rescue Plan Act (ARPA) funding towards the development
and operation of a low-barrier, non-congregate navigation center to help its unhoused
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8
0
0
residents, of which $4.5 Million was directed towards the Navigation Center’s
operations.
On February 1, 2023, the Mayor and City Council unanimously voted to adopt a
Resolution declaring a Homelessness State of Emergency in response to an ongoing
statewide and regional homelessness crisis.
On May 17, 2023, the Mayor and City Council approved the City’s Homelessness State
of Emergency Implementation Plan, which outlined the need for emergency and interim
shelter as most of the City’s existing shelters are at or near full capacity.
On July 19, 2023, the Mayor and City Council approved an Amendment to Permanent
Local Housing Allocation Funds to assist individuals experiencing homelessness.
On August 16, 2023, the Mayor and City Council approved a Substantial Amendment
to Fiscal Year 2020-2021 Annual Action Plan associated with Community Development
Block Grant Coronavirus Relief (CDBG-CV) funds to support interim shelter activities.
On December 6, 2023, the Mayor and City Council approved a Motel Voucher Program
and authorized several Professional Service Agreements with motel operators to
provide interim shelter.
Discussion
The City released a Request for Proposal on September 11, 2023, in search of motel
operators willing to participate in the City’s Motel Voucher Program. The RFP closed
on October 16, 2023, and the City received a total of four (4) proposals, two (2) of
which were from motel establishments outside of city limits. SB Express One LLC, also
known as Super 8 Motel, is located within city limits, and the owner submitted a
successful proposal to the City, but additional review and documentation were required
for consideration during the December 6, 2023, Mayor and City Council meeting. As
a result, the Professional Service Agreement with SB Express One LLC was pulled.
Since that time, the owner of SB Express One LLC successfully renewed its business
license and is recommended to move forward as a participant in the City’s Motel
Voucher Program, subject to Mayor and City Council approval. This Agreement will be
effective January 17, 2024. The program is tentatively set to commence February 6th,
2024. The City is currently in need of 200 beds to meet its shelter threshold capacity.
The 75 rooms provided in this Agreement will help the City reach that goal.
Motel vouchers can be issued to individuals or families anywhere from one (1) day up
to twenty-eight (28) days. The length of a motel stay will be determined on a case-by-
case basis by the City’s outreach team. Motel voucher participants must participate in
case management services. At times, it may be necessary to extend a person’s motel
stay beyond twenty-eight days. The (28) day limit is due to situations when a person
has secured some form of housing, but the individual needs a place to stay until their
housing unit is ready for move-in, which could be in a few days or weeks. In cases like
this, a homeless outreach worker can petition the City’s Housing Division for a motel
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8
0
0
stay extension. The Homeless Outreach Team will need to submit a written statement
explaining the nature of the extended stay request along with verifiable documentation.
An additional three days can be granted by the Deputy Director of Housing and
Homelessness; extensions beyond three days will require authorization from the
Director of Community Development and Housing.
2021-2025 Strategic Targets and Goals
Establishing a Motel Voucher Program to increase shelter bed capacity and provide
unhoused City residents with a safe, non-congregate interim shelter option by
contracting with local motel operators aligns with the City’s Homelessness State of
Emergency Declaration and with Strategic Targets and Goal No. 3: Improved Quality
of Life, which will help to reduce the loss of life for unhoused residents, increase access
to mental health and substance abuse treatment, eliminate street encampments,
promote long-term housing stability, and enhance safety and hygiene for neighborhood
residents, businesses, and tourists.
Fiscal Impact
There is no General Fund impact associated with this item. Sufficient funding through
grants such as Permanent Local Housing Allocation (PLHA) and the American Rescue
Plan Act (ARPA) and the Community Development Block Grant CARES Act (CDBG-
CV) has been previously appropriated to support this item.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Approve the Professional Service Agreement with SB Express One LLC (Super 8
Motel) for the provision of motel rooms ranging from 28 rooms (minimum) to 75
rooms (maximum) for a total amount not to exceed $1,008,000 and for a term
beginning January 17, 2024, through January 17, 2025.
2. Authorize the City Manager or designee to take any further actions and execute any
further agreements or documents as necessary to effectuate the implementation of
the Motel Voucher Program.
Attachments
Attachment 1 PSA for Motel Services- SB Express One LLC
Ward:
All Wards
Synopsis of Previous Council Actions:
•August 4, 2021 Mayor and City Council received a report and discussed the
allocation of ARPA Funds.
•December 7, 2022 Mayor and City Council approved a Homelessness Solutions
Action Plan, and $24.5 million in ARPA funds to help mitigate homelessness.
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1
8
0
0
•February 1, 2023 Mayor and City Council declared a Homelessness State of
Emergency.
•May 17, 2023 Mayor and City Council approved a Homelessness State of
Emergency Implementation Plan.
•July 19, 2023 Mayor and City Council approved an Amendment to Permanent
Local Housing Allocation Funds to assist individuals experiencing homelessness.
•August 13, 2023 Mayor and City Council approved a Substantial Amendment to
FY2020-2021 Annual Action Plan associated with Community Development
Block Grant Coronavirus Relief funds to support interim shelter activities.
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PROFESSIONAL SERVICES AGREEMENT
BEꢀEEN THE CITY OF SAN BERNARDINO
AND SB EXPRESS ONE, LLC
This Agreement ꢁs made and eꢂtered into as of January 17, 2024, by aꢂd betweeꢂ the
City of San Berꢂardiꢂo, a chaꢀer cꢁty aꢂd muꢂicꢁpal corporatioꢂ organized aꢂd
operating uꢂder the laws of the State of Califorꢂia with ꢁts principal place of busꢁness at
Vanꢁr Tower, 290 North D Street, San Berꢂardino, CA 92401 ("City"), and SB Express
One, LLC wꢁth its principal place of busiꢂess at 205 East Hospitality Lane, San
Bernardino, CA 92408 (hereꢁꢂaꢃer referred to as "Owꢂers"). Cꢁty aꢂd Owners
are hereꢁꢂaꢃer sometimes referred to ꢁꢂdꢁvidually as ꢄPaꢀy'ꢅ aꢂd collectꢁvely as the
"Paꢀꢁesꢆꢇ
RECITALS1. In compliaꢂce wꢁth the Homelessꢂess State of Emergency, whꢁch was
declared oꢂ February 1, 2023, the City is taking progressꢁve steps to
mꢁtigate homelessnessꢆ
2. Because the shelters ꢁꢂ the City of Saꢂ Bernardꢁꢂo are at full capacity, the
City has negotꢁated the use of up to 75 hotel/motel rooms from the Ownerꢆ
Hotel/Motel units wꢁll exclusively be used by the City's Homeless Outreach
Team, Hope the Mꢁssꢁon (hereꢁnafter referred to as the "Authorized Seꢈꢁce
Provꢁder" and "HTM")ꢆ All referrals wꢁll come directly from the Cꢁtyꢅs
Authorꢁzed Seꢉice Provider, who wꢁll veriꢊ aꢂd provide homeless
ceꢀifꢁcatꢁon ꢋr each partꢁcꢁpant referred to a motel ꢋr interim shelterꢆ
3ꢆ ꢌhe ꢁnterim shelter will be utilized while the Cꢁty coꢂstructs its ꢂavigatꢁoꢂ
ceꢂter, whꢁch ꢁs estꢁmated to take 10-12 moꢂths.
4ꢆ The goal of the interꢁm shelter ꢁs to reduce the loss of life ꢋr uꢂhoused
resꢁdeꢂts, ꢁꢂcrease access to meꢂtal health aꢂd substaꢂce abuse
treatment, elimꢁnate street eꢂcampments, aꢂd eꢂhance the safety aꢂd
hygiene of ꢂeꢁghborhoods aꢂd parks for all resꢁdents, busꢁꢂesses, aꢂd
ꢂeighborsꢆ Seꢈꢁces wꢁll be lowꢍbarrier, traumaꢍinꢋrmed, aꢂd data driven,
and must remaiꢂ flexible to support the needs of iꢂdividuals receivꢁꢂg
servꢁces, as well as to accommodate the lꢁmꢁts of available local funds.
5ꢆ The City is a publꢁc ageꢂcy of the State of Calꢁꢋrꢂia and ꢁs in need of
hospitality services ꢋr the followꢁꢂg project:
Hotel/Motel Voucher Program (hereiꢂaꢃer referred to as ꢄthe
Project"). Partꢁcipants of the Cꢁty's Hotel/Motel Voucher Program are to be
treated as aꢂy other hotel/motel customer and receꢁve the same level of
staꢂdard ameꢂitꢁes as aꢂy guest includiꢂg cleaꢂ liꢂeꢂ and towels upoꢂ
requestꢆ As such, the hotel/motel owner(s) or desigꢂee (iꢆeꢆ, propeꢀy
ꢍ1ꢍ
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Exhibit A
List of Authorized providers
HOPE THE MISSION
Attention: Ken Craꢀ, CEO
16641 Roscoe Place
North Hills, CA 91343
Hotel Liaison:Elisabel Castillo
Sr. Regional Director of Programs
Hope the Mission
PO Box 7609
Mission Hills, CA 91346
Office: (818) 392-0020
Cell: (818) 916-0781
-25-
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Suzie H. Soren, Deputy City Manager
Department:Human Resources
Subject:Amending the City-wide Salary Schedule for the
Planner Classification Series
Recommendation:
Adopt Resolution No. 2024-014 of the Mayor and City Council of the City of San
Bernardino, California:
1. Amending the City-wide salary schedule for the planner classification series.
2. Reclassifying the Deputy Director/City Planner (U) to City Planner (U).
Executive Summary
A classification and compensation study found the Planner classification series to be
significantly below market. Amending the City-wide salary schedule for the planner
classification series would align the compensation for these positions with the market
in order to attract qualified candidates and retain the City’s current planners.
Background
As the City continues its efforts to meet its goals of improving service delivery and
building a culture that attracts, retains, and motivates the highest quality of talent, staff
recommends adjusting the salaries of the Planner classification series to increase the
competitiveness of these positions within the City. In addition, amending the current
compensation will aid in efforts to address the recurrence of failed recruitments and
turnover for the Planner classifications.
The Human Resources department conducted a salary survey of local agencies for the
classifications of Assistant Planner, Associate Planner, Senior Planner, and Principal
Planner. The data concluded that the Planner classification series was up to 18%
below market. The below recommendations would align each position within market
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range.
In addition, on September 12, 2023, staff presented an analysis of the City’s economic
forecast, position control, and a comparative analysis of other cities in a special
meeting. The presentation contained the addition of several new positions and
proposed establishing new position classifications within several departments. In this
meeting, the City Council approved the classification additions/modifications including
reclassifying the Deputy Director/City Planner (U) to City Planner (U).
Discussion
Assistant Planner (Flex)
This is the entry level position in the professional planner job series. Incumbents assist
higher-level planners in research, data collection, report preparation, and conduct
research and analysis on routine to moderately complex planning projects. This
classification currently has been recruited three times since 2020 and has two vacant
positions, one of which has been vacant since 2017. This data indicates the City‘s
struggle to attract and retain qualified talent in this classification. Based on the salary
survey conducted, the Assistant Planner (flex) is approximately 8% behind the average
salary of surrounding agencies.
Associate Planner
This is the journey level position in the professional planner job series. Incumbents
conduct research and analysis on moderate to complex planning projects. Work
requires independence in preparing planning studies and reports on current and
advance planning assignments and making presentations on such projects. This
classification currently has two vacant positions and has been recruited four times
since 2020. This data indicates the City’s struggle to attract and retain qualified talent
in this classification. Based on the salary survey conducted, the Associate Planner is
approximately 7% behind the average salary of surrounding agencies.
Senior Planner
This is the advanced journey level position in the professional planner job series.
Incumbents perform professional planning work and may be responsible for training,
assigning, and reviewing the work of professional and technical staff. This classification
currently has one vacant position and has been recruited four times since 2021. The
most recent recruitment for this classification has been open for over one month and
has received less than 10 applications. This data indicates the City’s struggle to attract
and retain qualified talent in this classification. Based on the salary survey conducted,
the Senior Planner is approximately 9% behind the average salary of surrounding
agencies.
Principal Planner
This is the advanced lead level position within the Planning job series. The incumbent
is responsible for planning, organizing, and supervising the work of staff in units
performing complex professional planning work. This classification currently has one
vacant position and has been recruited three times within the last year, with no
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results. This data indicates the City’s struggle to attract and retain qualified talent in
this classification. Based on the salary survey conducted, the Principal Planner is
approximately 18% behind the average salary of surrounding agencies.
Each of these classifications are critical to the operations of the Planning Division of
the Community and Economic Development Department. By adjusting their salaries
as recommended, the Planner series classifications will reflect more competitive
ranges, align with other agencies with whom we compete for qualified applicants, and
assist the City in attracting qualified candidates and retaining those currently employed.
Staff recommends the following compensation structure:
Title Current
Range
Current
Minimum
Current
Maximum
Proposed
Range
Proposed
Minimum
Proposed
Maximum
Assistant
Planner
(Flex)
486 $5,555 $6,488 502 $6,016 $7,312
Associate
Planner
515 $6,414 $7,796 530 $6,912 $8,401
Senior
Planner
549 $7,598 $9,236 567 $8,313 $10,103
Principal
Planner
580 $8,676 $10,546 613 $10,228 $12,431
City Planner (U)
As approved by City Council on September 12, 2023, the Deputy Director/City Planner
classification will now be titled City Planner (U). Currently, the position is at range 662,
$13,060-$15,874/month. The reclassification would bring the position to range 629
$11,077-$13,465/month. The responsibility of the City Planner is to oversee the
Planning Division and City-wide planning operations. This classification is
distinguished from other classifications in the Planner series by responsibility for
developing, implementing, and accomplishing the City's planning goals and objectives,
and for ensuring that these goals and objectives are provided to the community in an
effective, cost-efficient manner. This position only oversees the Planning Division and
does not have the responsibility of a Deputy Director as its current title suggests. The
salary is being adjusted based on a salary survey conducted of surrounding cities and
reflects the duties and responsibilities of a City Planner.
As changes are made to salaries or classifications, the City is required to adopt a
revised salary schedule in a public meeting. The attached salary schedule meets the
California Public Employees Retirement Systems (CalPERS) pay rate reporting
requirements in accordance with Government Code Section 20636 defining
“Compensation Earnable” and the California Code of Regulations (CCR) Section
570.5.
2021-2025 Strategic Targets and Goals
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Approving the salaries for the classifications of Assistant Planner, Associate Planner,
Senior Planner, and Principal Planner aligns with Key Target 2b: Focused, Aligned
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality of talent.
Fiscal Impact
The General Fund impact for adjusting the compensation for the planner job series in
FY 2023/24 is approximately $57,000. There is sufficient salary savings within the
department to absorb this increase in compensation.
Conclusion
Adopt Resolution No. 2024-014 of the Mayor and City Council of the City of San
Bernardino, California:
1. Amending the City-wide salary schedule for the planner classification series.
2. Reclassifying the Deputy Director/City Planner (U) to City Planner (U).
Attachments
Attachment 1 Resolution 2024-014
Attachment 2 Resolution 2024-014 Exhibit A – City-wide Salary Schedule
Ward:
All Wards
Synopsis of Previous Council Actions:
December 6, 2023 Mayor and City Council adopted Resolution No. 2023-179
amending the City-wide salary schedule for full time, part-time,
temporary, and seasonal positions.
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Resolution No. 2024-014
Resolution 2024-014
January 17, 2024
Page 1 of 3
3
6
5
2
RESOLUTION NO. 2024-014
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA: 1.
AMENDING THE CITY-WIDE SALARY FOR THE
CLASSIFICATIONS OF ASSISTANT PLANNER (FLEX),
ASSOCIATE PLANNER, SENIOR PLANNER, AND
PRINCIPAL PLANNER; AND 2. RECLASSIFYING THE
DEPUTY DIRECTOR/CITY PLANNER (U)
CLASSIFICATION TO CITY PLANNER (U)
WHEREAS, As the City continues its efforts to meet its goals of improving service
delivery and building a culture that attracts, retains, and motivates the highest quality of talent,
staff recommends adjusting the salaries of the Planner classification series to increase the
competitiveness of these positions within the City; and
WHEREAS, the Human Resources Department conducted a salary survey of local
agencies for the classifications of Assistant Planner, Associate Planner, Senior Planner, and
Principal Planner; and
WHEREAS, the data concluded that the Planner classification series was up to 18% below
market; and
WHEREAS, the salary schedule includes all adopted and approved classification and
salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement
Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section
20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section
570.5.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The compensation for Assistant Planner (Flex), range 502, $6,010-
$7,312/month, is hereby approved.
SECTION 3. The compensation for Associate Planner, range 530, $6,912-$8,401/month,
is hereby approved.
SECTION 4. The compensation for Senior Planner, range 567, $8,313-$10,103/month, is
hereby approved.
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Resolution No. 2024-014
Resolution 2024-014
January 17, 2024
Page 2 of 3
3
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5
2
SECTION 5. The compensation for Principal Planner, range 613, $10,228-
$12,431/month, is hereby approved.
SECTION 6. The Deputy Director/City Planner (U) is reclassified to City Planner (U),
range 629, $11,077-$13,465, is hereby approved.
SECTION 7. The city-wide salary schedule incorporated herein as Exhibit A, is hereby
approved.
SECTION 8.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 9.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 10. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 518
Resolution No. 2024-014
Resolution 2024-014
January 17, 2024
Page 3 of 3
3
6
5
2
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. 2024-014, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 519
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024 EXHIBIT A
City of San Bernardino
Salary Schedule
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30011
30012
10012
20013
10860
30017
30018
30030
30709
10081
10092
10093
10534
20457
10979
30140
30141
30092
20320
30130
20319
30119
00300
20620
30400
30894
10492
30271
50141
10644
30312
30168
10216
10104
10105
10106
10107
20169
00194
10060
10062
20250
ACCOUNTANT I (FLEX)
ACCOUNTANT II
ACCOUNTANT II ‐ PAYROLL
ACCOUNTANT III
ACCOUNTING DIVISION MANAGER (U)
ACCOUNTING TECHNICIAN I (FLEX)
ACCOUNTING TECHNICIAN II
ACCOUNTING TECHNICIAN III
ADMINISTRATIVE ASSISTANT
ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)
ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)
ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)
ADMINISTRATIVE CLAIMS SPECIALIST
ADMINISTRATIVE SERVICES SUPERVISOR
ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)
ANIMAL CONTROL OFFICER I (FLEX)
ANIMAL CONTROL OFFICER II
ANIMAL LICENSE INSPECTOR
ANIMAL SERVICES MANAGER
ANIMAL SERVICES REPRESENTATIVE
ANIMAL SERVICES SUPERVISOR
ANIMAL SHELTER ATTENDANT
APPRENTICE (PT)
465
485
485
520
608
399
419
437
400
464
410
430
420
484
535
411
424
370
526
370
478
370
381
468
452
500
583
430
P6
705
365
502
580
430
480
530
580
530
493
608
581
542
$5,001.98
$5,527.33
$5,401.95
$6,575.74
$9,976.33
$3,599.92
$3,976.75
$4,350.27
$3,617.65
$4,864.68
$3,716.48
$4,106.44
$3,906.04
$5,494.91
$6,931.44
$3,821.59
$4,077.61
$3,114.46
$6,775.07
$3,114.46
$5,333.23
$3,114.46
$2,969.00
$5,073.00
$4,688.31
$5,956.26
$8,806.47
$4,201.75
$23,765.30
$16,184.19
$3,037.98
$6,016.12
$8,676.49
$4,106.44
$5,268.72
$6,761.38
$8,676.49
$6,912.39
$5,190.00
$9,976.33
$8,719.81
$7,338.73
$6,080.40
$6,718.81
$6,566.40
$7,993.21
$12,126.50
$4,374.65
$4,833.51
$5,287.93
$4,396.82
$5,913.23
$4,516.97
$4,990.33
$4,747.69
$6,678.72
$8,425.18
$4,645.09
$4,956.53
$3,786.12
$8,235.73
$3,786.12
$6,482.71
$3,786.12
$3,608.00
$6,167.11
$5,699.13
$7,239.73
$10,704.25
$5,106.16
$23,765.30
$19,669.95
$3,693.02
$7,312.88
$10,546.10
$4,990.33
$6,403.92
$8,218.29
$10,546.10
$8,401.84
$6,308.00
$12,126.50
$10,598.09
$8,920.10
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
NA
AQUATICS SUPERVISOR
ARBORIST
ASSESSMENT DISTRICT/REAL PROP SPECIALIST
ASSISTANT BUILDING OFFICIAL
ASSISTANT BUYER
MIDDLE MANAGEMENT
GENERAL
GENERAL
MANAGEMENT
GENERAL
ASSISTANT CHIEF OF POLICE POLICE MANAGEMENT
EXECUTIVEASSISTANT CITY MANAGER (U)
ASSISTANT LITERACY PROGRAM COORDINATOR
ASSISTANT PLANNER (FLEX)
ASSISTANT TO THE CITY MANAGER (U)
ASSISTANT TO THE MAYOR I (U)
ASSISTANT TO THE MAYOR II (U)
ASSISTANT TO THE MAYOR III (U)
ASSISTANT TO THE MAYOR IV (U)
ASSOCIATE PLANNER
GENERAL
GENERAL
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
NA
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
BACKGROUND INVESTIGATOR (PT)
BUDGET DIVISION MANAGER (U)
BUDGET OFFICER
BUILDING INSPECTION SUPERVISOR
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8
Packet Page. 520
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30072
30073
30074
10500
30502
20263
30650
30651
20271
10870
30292
10398
50280
10399
00601
10370
PENDING
10495
10273
30450
30455
10135
30135
30890
30120
10100
30754
20923
30821
20925
20504
30758
20781
30990
20424
10072
30604
30603
00605
20600
30602
00054
20616
30621
30222
30226
BUILDING INSPECTOR I (FLEX)
BUILDING INSPECTOR II
BUILDING INSPECTOR III
BUILDING OFFICIAL (U)
BUSINESS REGISTRATION INSPECTOR
BUSINESS REGISTRATION MANAGER
BUSINESS REGISTRATION REPRESENTATIVE I
BUSINESS REGISTRATION REPRESENTATIVE II
BUYER
CAPITAL IMPROVEMENT PROJECT MANAGER
CEMETERY CARETAKER
CHIEF DEPUTY CITY CLERK (U)
460
487
511
613
459
530
419
429
460
591
395
565
NA
$4,878.95
$5,582.75
$6,292.09
$10,228.72
$4,854.57
$6,912.39
$3,976.75
$4,180.69
$4,874.77
$9,165.01
$3,527.87
$8,050.39
$28,565.57
$10,590.00
$3,125.00
$27,083.33
$11,077.95
$10,591.59
$7,970.23
$4,437.83
$5,180.42
$5,321.79
$3,996.70
$4,549.77
$4,372.43
$9,586.38
$5,128.33
$7,869.18
$3,407.06
$5,605.65
$4,827.15
$4,138.57
$5,386.39
$4,372.43
$9,093.96
$5,998.80
$3,617.65
$5,752.33
$2,782.00
$5,662.13
$5,752.33
$2,782.00
$5,306.66
$3,083.43
$3,373.81
$3,545.61
$5,930.77
$6,785.31
$7,648.71
$12,431.96
$5,900.85
$8,401.84
$4,833.51
$5,080.67
$5,925.69
$11,140.78
$4,288.20
$9,785.69
$28,565.57
$12,873.00
$3,125.00
$27,083.33
$13,465.34
$12,873.91
$9,688.20
$5,394.33
$6,296.53
$6,468.91
$4,857.89
$5,530.66
$5,314.53
$11,652.05
$6,234.46
$9,564.61
$4,141.90
$6,813.83
$5,867.00
$5,030.79
$6,546.94
$5,314.53
$11,052.95
$7,291.06
$4,396.82
$6,991.46
$3,382.00
$6,882.49
$6,991.46
$3,382.00
$6,449.49
$3,748.43
$4,100.89
$4,310.37
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
MANAGEMENT
EXECUTIVECHIEF OF POLICE
CITY CLERK (U)
CITY COUNCIL
CITY MANAGER (U)
636
NA
NA
NA
NA
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
CONFIDENTIAL
GENERAL
CITY PLANNER (U)629
620
563
441
472
482
420
446
438
600
470
556
388
488
458
427
480
438
585
506
400
493
368
490
493
368
477
368
386
396
CIVIL ENGINEERING DIVISION MANAGER (U)
CODE ENFORCEMENT DIVISION MANAGER (U)
CODE ENFORCEMENT OFFICER I (FLEX)
CODE ENFORCEMENT OFFICER II
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT
COMMUNITY DEVELOPMENT TECHNICIAN
COMMUNITY INTERVENTION PROGRAM COORDINATOR
COMMUNITY INTERVENTION PROGRAM MANAGER (U)
COMMUNITY POLICING SPECIALIST
COMMUNITY RECREATION MANAGER
COMMUNITY RECREATION PROGRAM COORDINATOR
COMMUNITY RECREATION PROGRAM SUPERVISOR
COMMUNITY SERVICES CENTER SUPERVISOR
COMMUNITY SERVICES OFFICER
COMMUNITY SERVICES OFFICER SUPERVISOR
COMMUNITY SERVICES PROGRAM COORDINATOR
CONSTRUCTION MANAGER
COUNCIL ADMINISTRATIVE SUPERVISOR (U)
CRIME ANALYSIS SUPPORT ASSISTANT
CRIME ANALYST
GENERAL
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
CRIME DATA TECHNICIAN (PT)
CRIME FREE PROGRAM COORDINATOR
CRIMINAL INVESTIGATION OFFICER
CUSTODIAL AIDE (PT)
CUSTODIAL SUPERVISOR
CUSTODIAN
NA
MIDDLE MANAGEMENT
GENERAL
CUSTOMER SERVICE REPRESENTATIVE
CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)
GENERAL
GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8
Packet Page. 521
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30227
30224
30100
10650
10654
09372
10675
10066
10720
10610
10638
10830
10732
10803
10802
10400
40466
10685
09526
09520
09527
09710
09665
10625
10731
09753
20200
10140
10125
10127
10120
30831
30841
10367
30432
30434
30436
20441
10180
30445
10200
30420
20444
20024
20025
30921
CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)
CUSTOMER SERVICE REPRESENTATIVE (U)
DATA ANALYST
DEPUTY CITY CLERK I (U)
DEPUTY CITY CLERK II (U)
396
386
444
490
530
700
619
629
629
629
629
629
629
678
662
575
P2
630
662
692
662
692
660
660
662
692
560
590
600
560
500
445
465
565
450
475
511
532
590
446
532
464
560
551
523
431
$3,545.61
$3,373.81
$4,505.44
$5,538.44
$6,761.38
$15,785.57
$10,538.52
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$14,144.51
$13,060.22
$8,462.01
$8,746.90
$11,133.20
$13,060.22
$15,168.14
$13,060.22
$15,168.14
$12,930.24
$12,930.24
$13,060.22
$15,168.14
$8,027.54
$9,119.52
$9,586.38
$7,852.17
$5,821.15
$4,527.60
$5,001.98
$8,050.39
$4,641.76
$5,258.00
$6,292.09
$6,981.04
$9,119.52
$4,549.77
$6,828.53
$4,977.59
$8,027.54
$7,675.38
$6,675.40
$4,221.70
$4,310.37
$4,100.89
$5,476.35
$6,732.13
$8,218.29
$19,186.84
$12,810.00
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$17,192.66
$15,874.39
$10,286.13
$11,471.16
$13,532.50
$15,874.39
$18,436.18
$15,874.39
$18,436.18
$15,716.25
$15,716.25
$15,874.39
$18,436.18
$9,757.29
$11,085.54
$11,652.05
$9,544.13
$7,075.51
$5,502.95
$6,080.40
$9,785.69
$5,642.60
$6,391.85
$7,648.71
$8,486.00
$11,085.54
$5,530.66
$8,300.61
$6,050.47
$9,757.29
$9,329.84
$8,113.91
$5,131.65
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
MANAGEMENT
EXECUTIVE
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
POLICE SAFETY
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
DEPUTY CITY MANAGER (U)
DEPUTY DIRECTOR OF ANIMAL SERVICES (U)
DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)
DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)
DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)
DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)
DEPUTY DIRECTOR OF OPERATIONS (U)
DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)
DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)
DEPUTY DIRECTOR/CITY PLANNER (U)
DEPUTY LIBRARY DIRECTOR (U)
DETECTIVE/CORPORAL
DIRECTOR OF ANIMAL SERVICES (U)
DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U)
DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)
DIRECTOR OF ECONOMIC DEVELOPMENT (U)
DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)
DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)
DIRECTOR OF INFORMATION TECHNOLOGY (U)
DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)
DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)
DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST
DIVERSITY, EQUITY & INCLUSION OFFICER (U)
ECONOMIC DEVELOPMENT DIVISION MANAGER (U)
ECONOMIC DEVELOPMENT PROJECT MANAGER
ECONOMIC DEVELOPMENT SPECIALIST
ELECTRICIAN I (FLEX)
ELECTRICIAN II
EMERGENCY OPERATIONS MANAGER
ENGINEERING ASSISTANT I (FLEX)
ENGINEERING ASSISTANT II
ENGINEERING ASSISTANT III
ENGINEERING ASSOCIATE
ENGINEERING PROJECT MANAGER
MIDDLE MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
ENGINEERING TECHNICIAN
ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER
ENVIRONMENTAL PROGRAMS COORDINATOR
ENVIRONMENTAL PROJECT MANAGER
EQUIPMENT MAINTENANCE MANAGER
EQUIPMENT MAINTENANCE SUPERVISOR
EQUIPMENT MECHANIC I (FLEX)
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8
Packet Page. 522
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30902
30943
30707
10707
10982
10978
10976
10951
00083
10939
30623
20092
10512
30506
30944
00259
20060
30165
30166
20160
20490
10624
10623
10730
10778
30133
30136
20100
30098
30516
10700
10121
10129
10657
10683
10684
10682
10672
10673
30207
30101
10627
10626
10637
10631
10388
EQUIPMENT MECHANIC II
EQUIPMENT SERVICE WORKER
EXECUTIVE ASSISTANT
450
408
430
430
464
502
502
550
368
591
420
515
532
398
438
361
478
448
478
543
542
580
483
601
506
476
390
506
392
452
556
500
601
518
500
518
476
590
490
418
460
498
520
599
530
430
$4,641.76
$3,765.06
$4,201.75
$4,106.44
$4,864.68
$5,879.65
$5,879.65
$7,469.79
$2,782.00
$9,165.01
$3,996.70
$6,414.06
$6,828.53
$3,581.07
$4,372.43
$2,687.00
$5,333.23
$4,596.32
$5,337.81
$7,375.28
$7,338.73
$8,676.49
$5,347.79
$9,634.04
$5,998.80
$5,284.61
$3,441.42
$6,132.78
$3,475.78
$4,688.31
$7,697.27
$5,821.15
$9,634.04
$6,368.17
$5,821.15
$6,368.17
$5,164.73
$9,119.52
$5,538.44
$3,956.80
$4,878.95
$5,763.74
$6,432.08
$9,538.72
$6,761.38
$4,106.44
$5,642.60
$4,576.37
$5,106.16
$4,990.33
$5,913.23
$7,147.00
$7,147.00
$9,080.52
$3,382.00
$11,140.78
$4,857.89
$7,796.09
$8,300.61
$4,353.59
$5,314.53
$3,266.00
$6,482.71
$5,586.08
$6,488.27
$8,964.40
$8,920.10
$10,546.10
$6,500.32
$11,710.55
$7,291.06
$6,423.99
$4,182.91
$7,453.90
$4,225.02
$5,699.13
$9,355.66
$7,075.51
$11,710.55
$7,740.59
$7,075.51
$7,740.59
$6,278.27
$11,085.54
$6,732.13
$4,810.23
$5,930.77
$7,006.18
$7,818.59
$11,593.56
$8,218.29
$4,990.33
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
NA
EXECUTIVE ASSISTANT (U)
EXECUTIVE ASSISTANT TO DIRECTOR (U)
EXECUTIVE ASSISTANT TO MAYOR (U)
EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)
EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)
EXTRA RELIEF HEAVY LABORER (PT)
FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)
FACILITIES MAINTENANCE MECHANIC
FACILITIES MAINTENANCE SUPERVISOR
FINANCIAL ANALYST
FLEET PARTS STOREKEEPER
FLEET PARTS TECHNICIAN
FOOD SERVICE PROGRAM SPECIALIST (PT)
FOOD SERVICE SUPERVISOR
FORENSICS SPECIALIST I (FLEX)
FORENSICS SPECIALIST II
FORENSICS SUPERVISOR
FORESTRY SUPERVISOR
GIS ADMINISTRATOR
GIS ANALYST
GRANT DIVISION MANAGER (U)
GRANT WRITER
GRANTS ANALYST
GRANTS ASSISTANT
GRANTS MANAGER (U)
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
GENERALGROUNDWORKER ARBORIST
HAZMAT TECHNICIAN GENERAL
HOMELESS SERVICES COORDINATOR
HOUSING COMPLIANCE SPECIALIST
HOUSING DIVISION MANAGER (U)
HUMAN RESOURCES ANALYST
HUMAN RESOURCES ANALYST I
HUMAN RESOURCES ANALYST II
HUMAN RESOURCES ANALYST TRAINEE
HUMAN RESOURCES DIVISION MANAGER (U)
HUMAN RESOURCES GENERALIST
HUMAN RESOURCES TECHNICIAN
HVAC MECHANIC
INFORMATION TECHNOLOGY ANALYST I (FLEX)
INFORMATION TECHNOLOGY ANALYST II
INFORMATION TECHNOLOGY MANAGER
INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR
INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8
Packet Page. 523
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30638
30639
00308
30113
30080
30463
30311
30932
20170
30490
30593
10319
10233
30335
30366
30341
20388
10401
20385
30380
00361
20387
30391
30392
00133
30215
20484
30486
30487
30488
10530
10531
10532
10533
10516
30515
00502
10503
10190
10528
30425
30426
20555
10122
10868
30178
LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)
LANDSCAPE & IRRIGATION INSPECTOR II
LAW ENFORCEMENT TRAINEE
LEAD ANIMAL CONTROL OFFICER
LEAD BUILDING INSPECTOR
447
467
NA
$4,573.05
$5,052.96
$34.77
$5,558.37
$6,141.36
$34.77
MONTHLY
MONTHLY
HOURLY
GENERAL
GENERAL
NA
GENERAL
GENERAL
GENERAL
GENERAL
GENERAL
437
526
498
397
470
516
452
471
497
593
450
479
370
460
635
492
422
361
450
380
402
377
470
522
393
415
425
476
476
506
506
476
461
NA
$4,350.27
$6,780.88
$5,897.52
$3,563.34
$5,128.33
$6,446.17
$4,688.31
$5,154.93
$5,734.50
$9,257.08
$4,641.76
$5,364.41
$3,114.46
$4,874.77
$11,414.83
$5,718.61
$4,036.60
$2,687.00
$4,637.79
$3,274.06
$3,653.12
$2,910.00
$5,128.33
$6,642.18
$3,493.51
$3,898.06
$4,097.56
$5,164.73
$5,164.73
$5,998.80
$5,998.80
$5,164.73
$4,903.33
$4,166.67
$8,676.49
$7,891.16
$8,090.47
$4,903.33
$5,527.33
$6,741.85
$6,368.17
$9,165.01
$3,563.34
$5,287.93
$8,242.79
$7,168.80
$4,331.43
$6,234.46
$7,834.85
$5,699.13
$6,265.49
$6,970.44
$11,252.35
$5,642.60
$6,520.41
$3,786.12
$5,925.69
$13,873.71
$6,951.14
$4,906.66
$3,266.00
$5,637.77
$3,980.08
$4,441.15
$3,537.00
$6,234.46
$8,072.94
$4,246.08
$4,738.19
$4,980.92
$6,278.27
$6,278.27
$7,291.06
$7,291.06
$6,278.27
$5,960.70
$4,166.67
$10,546.10
$9,591.80
$9,834.43
$5,960.70
$6,718.81
$8,194.75
$7,740.59
$11,140.78
$4,331.43
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
LEAD CODE ENFORCEMENT OFFICER
LEAD CUSTODIAN
LEAD EQUIPMENT MECHANIC
LEAD FORENSICS SPECIALIST
LEAD MAINTENANCE WORKER
LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER
LEGAL ADMINISTRATIVE ASSISTANT (U)
LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)
LIBRARIAN I (FLEX)
MIDDLE MANAGEMENT
GENERAL
GENERAL
CONFIDENTIAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
LIBRARIAN II
LIBRARY ASSISTANT
LIBRARY CIRCULATION SUPERVISOR
LIBRARY DIRECTOR (U)
LIBRARY NETWORK ADMINISTRATOR
LIBRARY NETWORK TECHNICIAN
LIBRARY PAGE (PT)
LIBRARY PROGRAM COORDINATOR
LIBRARY TECHNICIAN I (FLEX)
LIBRARY TECHNICIAN II
MIDDLE MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
GENERAL
NA
GENERAL
LIFEGUARD (PT)
LITERACY PROGRAM COORDINATOR
MAINTENANCE SUPERVISOR
MAINTENANCE WORKER I (FLEX)
MAINTENANCE WORKER II
MIDDLE MANAGEMENT
GENERAL
GENERAL
GENERALMAINTENANCE WORKER III
MANAGEMENT ANALYST I (FLEX)
MANAGEMENT ANALYST I (FLEX)(U)
MANAGEMENT ANALYST II
MANAGEMENT ANALYST II (U)
MARKETING & MEDIA SPECIALIST
MARKETING & PUBLIC RELATIONS SPECIALIST
MAYOR
MAYOR'S CHIEF OF STAFF (U)
NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)
NETWORK SYSTEMS ADMINISTRATOR
NPDES INSPECTOR I (FLEX)
NPDES INSPECTOR II
NPDES MANAGER
OMBUDSPERSON
OPERATIONS & MAINTENANCE DIVISION MANAGER (U)
PARK RANGER
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
NA
580
561
566
461
485
525
518
591
397
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
CONFIDENTIAL
MANAGEMENT
GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8
Packet Page. 524
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
20178
30581
20603
30611
30622
10064
10068
20400
30691
10713
30680
30682
30481
00192
00520
50283
20775
20772
32767
32768
30848
50402
40751
30218
20765
30219
30220
40332
30585
00331
00333
20019
10182
10243
20864
00360
10132
10639
20949
30947
30948
10212
30580
30583
30584
10900
PARK RANGER SUPERVISOR 480
380
534
390
421
521
430
494
456
594
499
534
450
368
396
P5
$5,386.39
$3,274.06
$7,050.81
$3,441.42
$4,016.65
$6,464.58
$4,106.44
$5,776.19
$4,782.52
$9,303.66
$5,927.45
$7,056.85
$4,641.76
$16.00
$6,546.94
$3,980.08
$8,571.27
$4,182.91
$4,882.27
$7,857.58
$4,990.33
$7,020.91
$5,813.29
$11,308.68
$7,204.26
$8,578.62
$5,642.60
$18.84
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
HOURLY
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
PARKING ENFORCEMENT OFFICER
PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR
PARKS MAINTENANCE WORKER I (FLEX)
PARKS MAINTENANCE WORKER II
PAYROLL SUPERVISOR
PAYROLL TECHNICIAN
PERMIT SERVICES SUPERVISOR
PLANNING AIDE
PLANNING DIVISION MANAGER (U)
PLANS EXAMINER I (FLEX)
PLANS EXAMINER II
PLUMBER
POLICE CADET (PT)
POLICE CALL TAKER (PT)
POLICE CAPTAIN
POLICE DISPATCH MANAGER
POLICE DISPATCH SUPERVISOR
POLICE DISPATCHER I (FLEX)
POLICE DISPATCHER II
POLICE FLEET MAINTENANCE EXPEDITOR
POLICE LIEUTENANT
GENERAL
MANAGEMENT
CONFIDENTIAL
MIDDLE MANAGEMENT
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
NA
$19.85 $24.14 HOURLY NA
$19,412.09
$6,843.73
$5,892.47
$4,146.40
$4,839.53
$3,581.07
$16,494.29
$7,532.62
$4,806.91
$4,973.33
$3,098.94
$3,441.42
$9,898.35
$4,016.65
$3,624.00
$4,044.00
$7,636.62
$9,586.38
$10,228.72
$6,575.74
$3,264.00
$7,469.79
$7,469.79
$5,776.19
$3,821.59
$5,180.42
$9,257.08
$5,284.61
$5,927.45
$6,883.95
$6,119.03
$19,412.09
$8,318.78
$7,162.66
$5,040.29
$5,882.58
$4,353.59
$16,494.29
$10,059.74
$5,843.21
$6,045.29
$3,767.28
$4,182.91
$12,962.73
$4,882.27
$4,405.00
$4,916.00
$9,283.33
$11,652.05
$12,431.96
$7,993.21
$3,967.00
$9,080.52
$9,080.52
$7,020.91
$4,645.09
$6,296.53
$11,252.35
$6,423.99
$7,204.26
$8,366.92
$7,438.38
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
POLICE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
POLICE DISPATCHER
POLICE DISPATCHER
GENERAL
POLICE MANAGEMENT
POLICE SAFETY
GENERAL
528
498
425
456
398
P4
POLICE OFFICER P1
POLICE PERSONNEL AND TRAINING TECHNICIAN
POLICE RECORDS SUPERVISOR
POLICE RECORDS TECHNICIAN I (FLEX)
POLICE RECORDS TECHNICIAN II
POLICE SERGEANT
POOL MAINTENANCE COORDINATOR
POOL MANAGER I (PT)
POOL MANAGER II (PT)
457
464
369
390
P3
MIDDLE MANAGEMENT
GENERAL
GENERAL
POLICE SAFETY
GENERAL421
421
443
550
600
613
520
400
550
550
494
411
472
593
476
499
529
510
NA
NA
PRINCIPAL ACCOUNTANT
PRINCIPAL CIVIL ENGINEER
PRINCIPAL PLANNER
MIDDLE MANAGEMENT
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
NA
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
PROCUREMENT CONTRACT SPECIALIST
PROGRAMMING/TRAFFIC ASSISTANT
PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)
PROJECT MANAGER/COMMUNITY SERVICES
PROPERTY AND EVIDENCE SUPERVISOR
PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)
PROPERTY AND EVIDENCE TECHNICIAN II
PUBLIC INFORMATION OFFICER (U)
PUBLIC WORKS INSPECTOR I (FLEX)
PUBLIC WORKS INSPECTOR II
PUBLIC WORKS INSPECTOR III
PUBLIC WORKS SAFETY AND TRAINING OFFICER
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8
Packet Page. 525
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
10863
30770
10440
10259
00222
00244
00230
00256
30825
30115
10690
10538
00266
00265
30708
30229
30410
10154
30228
30230
30232
10222
10632
10656
10622
10385
00283
10513
10514
10529
30710
10223
20243
00294
10300
30978
20995
00019
10689
20336
10443
20437
20438
20370
30447
30448
PURCHASING DIVISION MANAGER (U)
RANGEMASTER
REAL PROPERTY MANAGER
RECORDS MANAGEMENT SPECIALIST (U)
RECREATION AIDE (PT)
RECREATION LEADER (PT)
RECREATION SPECIALIST (PT)
RECREATION SUPERVISOR (AQUATICS) (PT)
RECREATION THERAPIST
REGISTERED VETERINARY TECHNICIAN
RISK DIVISION MANAGER (U)
SAFETY OFFICER
SECURITY OFFICER I (PT)
SECURITY OFFICER II (PT)
SENIOR ADMINISTRATIVE ASSISTANT
SENIOR ANIMAL SERVICES REPRESENTATIVE
SENIOR ARBORIST
598
465
580
460
368
375
400
481
468
450
590
530
378
402
420
390
502
581
435
445
445
435
530
461
553
488
396
556
556
592
375
375
567
382
644
450
490
368
559
502
573
532
552
533
450
484
$9,491.06
$5,001.98
$8,676.49
$4,768.28
$2,782.00
$2,881.00
$3,264.00
$4,888.00
$5,077.34
$4,641.76
$9,119.52
$6,761.38
$2,925.00
$3,296.00
$3,996.70
$3,441.42
$6,016.12
$8,719.81
$4,307.04
$4,527.60
$4,527.60
$4,209.34
$6,761.38
$4,792.11
$7,582.45
$5,483.19
$3,199.00
$7,697.27
$7,697.27
$9,211.59
$3,193.15
$3,120.72
$8,313.25
$2,984.00
$11,938.02
$4,641.76
$5,662.13
$2,782.00
$7,813.17
$6,010.96
$8,378.60
$6,981.04
$7,714.14
$7,016.48
$4,641.76
$5,499.62
$11,536.15
$6,080.40
$10,546.10
$5,796.24
$3,382.00
$3,502.00
$3,967.00
$5,942.00
$6,172.39
$5,642.60
$11,085.54
$8,218.29
$3,555.00
$4,007.00
$4,857.89
$4,182.91
$7,312.88
$10,598.09
$5,235.84
$5,502.95
$5,502.95
$5,117.07
$8,218.29
$5,825.49
$9,217.01
$6,664.97
$3,889.00
$9,355.66
$9,355.66
$11,196.02
$3,881.44
$3,793.39
$10,103.91
$3,627.00
$14,511.72
$5,642.60
$6,882.49
$3,382.00
$9,496.47
$7,306.62
$10,184.31
$8,486.00
$9,376.35
$8,528.08
$5,642.60
$6,684.45
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MANAGEMENT
GENERAL
MANAGEMENT
CONFIDENTIAL
NA
NA
NA
NA
GENERAL
GENERAL
MANAGEMENT
CONFIDENTIAL
NA
NA
GENERAL
GENERAL
GENERAL
MANAGEMENT
GENERAL
GENERAL
SENIOR CIVIL ENGINEER
SENIOR CUSTOMER SERVICE REPRESENTATIVE
SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)
SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)
SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)
SENIOR GIS ANALYST
SENIOR HUMAN RESOURCES TECHNICIAN
SENIOR INFORMATION TECHNOLOGY ANALYST
SENIOR INFORMATION TECHNOLOGY TECHNICIAN
SENIOR LIFEGUARD (PT)
SENIOR MANAGEMENT ANALYST
SENIOR MANAGEMENT ANALYST (U)
SENIOR NETWORK SYSTEMS ADMINISTRATOR
SENIOR OFFICE ASSISTANT
SENIOR OFFICE ASSISTANT (U)
SENIOR PLANNER
SENIOR RECREATION LEADER (PT)
SHELTER VETERINARIAN
SOLID WASTE FIELD INSPECTOR
STATION MANAGER
STUDENT INTERN (PT)
SUPERVISING HUMAN RESOURCES ANALYST
TECHNOLOGY LIBRARIAN
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
NA
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
CONFIDENTIAL
MIDDLE MANAGEMENT
NA
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
NA
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
TRAFFIC ENGINEER
TRAFFIC ENGINEERING ASSOCIATE
TRAFFIC OPERATIONS AND SYSTEMS ANALYST
TRAFFIC SIGNAL AND LIGHTING SUPERVISOR
TRAFFIC SIGNAL TECHNICIAN I (FLEX)
TRAFFIC SIGNAL TECHNICIAN II GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8
Packet Page. 526
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30449
30667
10740
20666
30125
30620
TRAFFIC SIGNAL TECHNICIAN III
TREASURY ASSISTANT
TREASURY MANAGER
TREASURY SUPERVISOR
VETERINARY ASSISTANT
VOLUNTEER COORDINATOR
513
399
598
502
400
358
$6,355.27
$3,599.92
$9,491.06
$6,010.96
$3,617.65
$2,933.80
$7,725.19
$4,374.65
$11,536.15
$7,306.62
$4,414.22
$3,565.56
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
GENERAL
GENERAL30000WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY
(U) DENOTES UNCLASSIFIED
* Part‐time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local
REVISION ADOPTED BY MCC 6/19/17
REVISION ADOPTED BY MCC 6/20/18
REVISION ADOPTED BY MCC 06/19/19
REVISION ADOPTED BY MCC 8/21/19
REVISION ADOPTED BY MCC 1/15/20
REVISION ADOPTED BY MCC 6/24/20
REVISION ADOPTED BY MCC 9/2/20
REVISION ADOPTED BY MCC 12/16/20
REVISION ADOPTED BY MCC 2/17/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 6/16/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
REVISION ADOPTED BY MCC 7/20/22
REVISION ADOPTED BY MCC 8/17/22
REVISION ADOPTED BY MCC 9/21/22
REVISION ADOPTED BY MCC 10/19/22
REVISION ADOPTED BY MCC 11/2/22
REVISION ADOPTED BY MCC 11/16/22
REVISION ADOPTED BY MCC 12/7/22
REVISION ADOPTED BY MCC 1/18/23
REVISION ADOPTED BY MCC 6/21/23
REVISION ADOPTED BY MCC 8/16/23
REVISION ADOPTED BY MCC 10/4/23
REVISION ADOPTED BY MCC 10/18/23
REVISION ADOPTED BY MCC 12/6/23
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8
Packet Page. 527
CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6
Months
Service
Following
18 Months
Service
Third
Year
Service
Fourth
Year
Service
Fifth & Sub-
sequent Yrs
Service
JOB
TITLE
Monthly Pay Rates Effective July 1, 2023:
Police Officer
P-1
$7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74
Detective/Corporal $8,746.90
P-2
$9,428.23 $10,109.56 $10,789.83 $11,471.16
$11,430.00 $12,196.91 $12,962.73Sergeant
P-3
$9,898.35 $10,664.17
Lieutenant
P-4
--
--
--
--
--
--
--
--
--
--
--
--
$16,494.29
$19,412.09
$23,765.30
Captain
P-5
Assistant Chief
P-6
Packet Page. 528
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Suzie H. Soren, Deputy City Manager
Department:Human Resources
Subject:Basic Compensation Plan for Part-Time, Temporary
and Seasonal Employees
Recommendation:
Adopt Resolution No. 2024-015 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving a basic compensation plan for part-time, temporary and seasonal
employees.
2. Amending the City-wide salary schedule for full-time, part-time, temporary, and
seasonal positions.
Executive Summary
On April 4, 2016, Senate Bill 3 was signed into law. This legislation amended Section
1182.12 of the California Labor Code and requires an employer with 26 or more
employees to implement new minimum wages pursuant to the schedule listed below.
Per California Labor Code section 1182.12 (c)(3)(A), the California minimum wage will
increase to $16.00 per hour beginning January 1, 2024.
Packet Page. 529
Background
The City of San Bernardino currently has one adopted salary schedule establishing
compensation for full-time, part-time, temporary, and seasonal classifications.
On April 4, 2016, Senate Bill 3 was signed into law. This legislation amended Section
1182.12 of the California Labor Code and requires an employer with 26 or more
employees to implement new minimum wages pursuant to the following schedule:
January 1, 2017 – December 31, 2017 = $10.50/hour
January 1, 2018 – December 31, 2018 = $11.00/hour
January 1, 2019 – December 31, 2019 = $12.00/hour
January 1, 2020 – December 31, 2020 = $13.00/hour
January 1, 2021 – December 31, 2021 = $14.00/hour
January 1, 2022 – December 31, 2022 = $15.00/hour
January 1, 2023 – December 31, 2023 = $15.50/hour
January 1, 2024 – until adjusted pursuant to statute = $16.00/hour
Per California Labor Code section 1182.12 (c)(3)(A), the California minimum wage will
increase to $16.00 per hour beginning January 1, 2024. This will immediately affect all
employees who now earn less than $16.00 per hour.
Discussion
The proposed compensation plan would incorporate the minimum wage increase
effective January 1, 2024, as well as increases for positions that will be affected by
compaction due to the implementation of the minimum wage increase. Additionally,
part-time classifications with full-time equivalent classifications have been adjusted to
match the full-time classifications salary.
Part-time, temporary, and seasonal employment is restricted to 1,000 hours within a
fiscal year (July 1st to June 30th) and employees in these positions do not qualify to
receive City benefits, except those required by law. Further restrictions apply to
California Public Employees’ Retirement System (CalPERS) retired annuitants.
2021-2025 Strategic Targets and Goals
Establishing a salary schedule for employees of the City of San Bernardino aligns with
Key Target 2: Focused, Aligned Leadership and Unified Community. Specifically, Goal
a: Build a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
The General Fund impact with this item is estimated to be approximately $23,000 for
the remainder of FY 2023/24. There are sufficient salary savings within the FY 23/24
operating budget to absorb the financial impact of this item.
Packet Page. 530
Conclusion
Adopt Resolution No. 2024-015 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving a basic compensation plan for part-time, temporary and seasonal
employees.
2. Amending the City-wide salary schedule for full-time, part-time, temporary, and
seasonal positions.
Attachments
Attachment 1 Resolution 2024-015;
Attachment 2 Resolution 2024-015; Exhibit A – City-wide Salary
Schedule
Ward:
All Wards
Synopsis of Previous Council Actions:
December 6, 2023 Mayor and City Council adopted Resolution No. 2023-179
amending the City-wide salary schedule for full time, part-
time, temporary, and seasonal positions.
Packet Page. 531
Resolution No. 2024-015
Resolution 2024-015
January 17, 2024
Page 1 of 3
3
8
7
3
RESOLUTION NO. 2024-015
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, 1.
APPROVING A COMPENSATION PLAN FOR PART-TIME,
TEMPORARY AND SEASONAL EMPLOYEES; AND 2.
AMENDING THE CITY-WIDE SALARY SCHEDULE FOR
FULL-TIME, PART-TIME, TEMPORARY, AND
SEASONAL POSITIONS
WHEREAS, on April 4, 2016, Senate Bill 3 was signed into law. This legislation amended
Section 1182.12 of the California Labor Code and requires an employer with 26 or more employees
to implement new minimum wages; and
WHEREAS, per California Labor Code section 1182.12 (c)(3)(A), the California
minimum wage will increase to $16.00 per hour beginning January 1, 2024; and
WHEREAS, the updated salary schedule reflects the minimum wage increase and
incorporates the part-time salaries of positions that had full-time equivalents; and
WHEREAS, the revised document meets the California Public Employees’ Retirement
Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section
20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section
570.5
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.The City-wide salary schedule for all City of San Bernardino’s
classifications attached hereto and incorporated herein as Exhibit “A”, are hereby approved.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
Packet Page. 532
Resolution No. 2024-015
Resolution 2024-015
January 17, 2024
Page 2 of 3
3
8
7
3
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 7th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 533
Resolution No. 2024-015
Resolution 2024-015
January 17, 2024
Page 3 of 3
3
8
7
3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-015, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 534
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024 EXHIBIT A
City of San Bernardino
Salary Schedule
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30011
30012
10012
20013
10860
30017
30018
30030
30709
10081
10092
10093
10534
20457
10979
30140
30141
30092
20320
30130
20319
30119
00300
20620
30400
30894
10492
30271
50141
10644
30312
30168
10216
10104
10105
10106
10107
20169
00194
10060
10062
20250
ACCOUNTANT I (FLEX)
ACCOUNTANT II
ACCOUNTANT II ‐ PAYROLL
ACCOUNTANT III
ACCOUNTING DIVISION MANAGER (U)
ACCOUNTING TECHNICIAN I (FLEX)
ACCOUNTING TECHNICIAN II
ACCOUNTING TECHNICIAN III
ADMINISTRATIVE ASSISTANT
ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)
ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)
ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)
ADMINISTRATIVE CLAIMS SPECIALIST
ADMINISTRATIVE SERVICES SUPERVISOR
ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)
ANIMAL CONTROL OFFICER I (FLEX)
ANIMAL CONTROL OFFICER II
ANIMAL LICENSE INSPECTOR
ANIMAL SERVICES MANAGER
ANIMAL SERVICES REPRESENTATIVE
ANIMAL SERVICES SUPERVISOR
ANIMAL SHELTER ATTENDANT
APPRENTICE (PT)
465
485
485
520
608
399
419
437
400
464
410
430
420
484
535
411
424
370
526
370
478
370
381
468
452
500
583
430
P6
705
365
502
580
430
480
530
580
530
493
608
581
542
$5,001.98
$5,527.33
$5,401.95
$6,575.74
$9,976.33
$3,599.92
$3,976.75
$4,350.27
$3,617.65
$4,864.68
$3,716.48
$4,106.44
$3,906.04
$5,494.91
$6,931.44
$3,821.59
$4,077.61
$3,114.46
$6,775.07
$3,114.46
$5,333.23
$3,114.46
$2,969.00
$5,073.00
$4,688.31
$5,956.26
$8,806.47
$4,201.75
$23,765.30
$16,184.19
$3,037.98
$6,016.12
$8,676.49
$4,106.44
$5,268.72
$6,761.38
$8,676.49
$6,912.39
$5,190.00
$9,976.33
$8,719.81
$7,338.73
$6,080.40
$6,718.81
$6,566.40
$7,993.21
$12,126.50
$4,374.65
$4,833.51
$5,287.93
$4,396.82
$5,913.23
$4,516.97
$4,990.33
$4,747.69
$6,678.72
$8,425.18
$4,645.09
$4,956.53
$3,786.12
$8,235.73
$3,786.12
$6,482.71
$3,786.12
$3,608.00
$6,167.11
$5,699.13
$7,239.73
$10,704.25
$5,106.16
$23,765.30
$19,669.95
$3,693.02
$7,312.88
$10,546.10
$4,990.33
$6,403.92
$8,218.29
$10,546.10
$8,401.84
$6,308.00
$12,126.50
$10,598.09
$8,920.10
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
NA
AQUATICS SUPERVISOR
ARBORIST
ASSESSMENT DISTRICT/REAL PROP SPECIALIST
ASSISTANT BUILDING OFFICIAL
ASSISTANT BUYER
MIDDLE MANAGEMENT
GENERAL
GENERAL
MANAGEMENT
GENERAL
ASSISTANT CHIEF OF POLICE POLICE MANAGEMENT
EXECUTIVEASSISTANT CITY MANAGER (U)
ASSISTANT LITERACY PROGRAM COORDINATOR
ASSISTANT PLANNER (FLEX)
ASSISTANT TO THE CITY MANAGER (U)
ASSISTANT TO THE MAYOR I (U)
ASSISTANT TO THE MAYOR II (U)
ASSISTANT TO THE MAYOR III (U)
ASSISTANT TO THE MAYOR IV (U)
ASSOCIATE PLANNER
GENERAL
GENERAL
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
NA
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
BACKGROUND INVESTIGATOR (PT)
BUDGET DIVISION MANAGER (U)
BUDGET OFFICER
BUILDING INSPECTION SUPERVISOR
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8
Packet Page. 535
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30072
30073
30074
10500
30502
20263
30650
30651
20271
10870
30292
10398
50280
10399
00601
10370
PENDING
10495
10273
30450
30455
10135
30135
30890
30120
10100
30754
20923
30821
20925
20504
30758
20781
30990
20424
10072
30604
30603
00605
20600
30602
00054
20616
30621
30222
30226
BUILDING INSPECTOR I (FLEX)
BUILDING INSPECTOR II
BUILDING INSPECTOR III
BUILDING OFFICIAL (U)
BUSINESS REGISTRATION INSPECTOR
BUSINESS REGISTRATION MANAGER
BUSINESS REGISTRATION REPRESENTATIVE I
BUSINESS REGISTRATION REPRESENTATIVE II
BUYER
CAPITAL IMPROVEMENT PROJECT MANAGER
CEMETERY CARETAKER
CHIEF DEPUTY CITY CLERK (U)
460
487
511
613
459
530
419
429
460
591
395
565
NA
$4,878.95
$5,582.75
$6,292.09
$10,228.72
$4,854.57
$6,912.39
$3,976.75
$4,180.69
$4,874.77
$9,165.01
$3,527.87
$8,050.39
$28,565.57
$10,590.00
$3,125.00
$27,083.33
$11,077.95
$10,591.59
$7,970.23
$4,437.83
$5,180.42
$5,321.79
$3,996.70
$4,549.77
$4,372.43
$9,586.38
$5,128.33
$7,869.18
$3,407.06
$5,605.65
$4,827.15
$4,138.57
$5,386.39
$4,372.43
$9,093.96
$5,998.80
$3,617.65
$5,752.33
$2,782.00
$5,662.13
$5,752.33
$2,782.00
$5,306.66
$3,083.43
$3,373.81
$3,545.61
$5,930.77
$6,785.31
$7,648.71
$12,431.96
$5,900.85
$8,401.84
$4,833.51
$5,080.67
$5,925.69
$11,140.78
$4,288.20
$9,785.69
$28,565.57
$12,873.00
$3,125.00
$27,083.33
$13,465.34
$12,873.91
$9,688.20
$5,394.33
$6,296.53
$6,468.91
$4,857.89
$5,530.66
$5,314.53
$11,652.05
$6,234.46
$9,564.61
$4,141.90
$6,813.83
$5,867.00
$5,030.79
$6,546.94
$5,314.53
$11,052.95
$7,291.06
$4,396.82
$6,991.46
$3,382.00
$6,882.49
$6,991.46
$3,382.00
$6,449.49
$3,748.43
$4,100.89
$4,310.37
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
MANAGEMENT
EXECUTIVECHIEF OF POLICE
CITY CLERK (U)
CITY COUNCIL
CITY MANAGER (U)
636
NA
NA
NA
NA
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
CONFIDENTIAL
GENERAL
CITY PLANNER (U)629
620
563
441
472
482
420
446
438
600
470
556
388
488
458
427
480
438
585
506
400
493
368
490
493
368
477
368
386
396
CIVIL ENGINEERING DIVISION MANAGER (U)
CODE ENFORCEMENT DIVISION MANAGER (U)
CODE ENFORCEMENT OFFICER I (FLEX)
CODE ENFORCEMENT OFFICER II
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT
COMMUNITY DEVELOPMENT TECHNICIAN
COMMUNITY INTERVENTION PROGRAM COORDINATOR
COMMUNITY INTERVENTION PROGRAM MANAGER (U)
COMMUNITY POLICING SPECIALIST
COMMUNITY RECREATION MANAGER
COMMUNITY RECREATION PROGRAM COORDINATOR
COMMUNITY RECREATION PROGRAM SUPERVISOR
COMMUNITY SERVICES CENTER SUPERVISOR
COMMUNITY SERVICES OFFICER
COMMUNITY SERVICES OFFICER SUPERVISOR
COMMUNITY SERVICES PROGRAM COORDINATOR
CONSTRUCTION MANAGER
COUNCIL ADMINISTRATIVE SUPERVISOR (U)
CRIME ANALYSIS SUPPORT ASSISTANT
CRIME ANALYST
GENERAL
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
CRIME DATA TECHNICIAN (PT)
CRIME FREE PROGRAM COORDINATOR
CRIMINAL INVESTIGATION OFFICER
CUSTODIAL AIDE (PT)
CUSTODIAL SUPERVISOR
CUSTODIAN
NA
MIDDLE MANAGEMENT
GENERAL
CUSTOMER SERVICE REPRESENTATIVE
CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)
GENERAL
GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8
Packet Page. 536
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30227
30224
30100
10650
10654
09372
10675
10066
10720
10610
10638
10830
10732
10803
10802
10400
40466
10685
09526
09520
09527
09710
09665
10625
10731
09753
20200
10140
10125
10127
10120
30831
30841
10367
30432
30434
30436
20441
10180
30445
10200
30420
20444
20024
20025
30921
CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)
CUSTOMER SERVICE REPRESENTATIVE (U)
DATA ANALYST
DEPUTY CITY CLERK I (U)
DEPUTY CITY CLERK II (U)
396
386
444
490
530
700
619
629
629
629
629
629
629
678
662
575
P2
630
662
692
662
692
660
660
662
692
560
590
600
560
500
445
465
565
450
475
511
532
590
446
532
464
560
551
523
431
$3,545.61
$3,373.81
$4,505.44
$5,538.44
$6,761.38
$15,785.57
$10,538.52
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$14,144.51
$13,060.22
$8,462.01
$8,746.90
$11,133.20
$13,060.22
$15,168.14
$13,060.22
$15,168.14
$12,930.24
$12,930.24
$13,060.22
$15,168.14
$8,027.54
$9,119.52
$9,586.38
$7,852.17
$5,821.15
$4,527.60
$5,001.98
$8,050.39
$4,641.76
$5,258.00
$6,292.09
$6,981.04
$9,119.52
$4,549.77
$6,828.53
$4,977.59
$8,027.54
$7,675.38
$6,675.40
$4,221.70
$4,310.37
$4,100.89
$5,476.35
$6,732.13
$8,218.29
$19,186.84
$12,810.00
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$17,192.66
$15,874.39
$10,286.13
$11,471.16
$13,532.50
$15,874.39
$18,436.18
$15,874.39
$18,436.18
$15,716.25
$15,716.25
$15,874.39
$18,436.18
$9,757.29
$11,085.54
$11,652.05
$9,544.13
$7,075.51
$5,502.95
$6,080.40
$9,785.69
$5,642.60
$6,391.85
$7,648.71
$8,486.00
$11,085.54
$5,530.66
$8,300.61
$6,050.47
$9,757.29
$9,329.84
$8,113.91
$5,131.65
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
MANAGEMENT
EXECUTIVE
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
POLICE SAFETY
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
DEPUTY CITY MANAGER (U)
DEPUTY DIRECTOR OF ANIMAL SERVICES (U)
DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)
DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)
DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)
DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)
DEPUTY DIRECTOR OF OPERATIONS (U)
DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)
DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)
DEPUTY DIRECTOR/CITY PLANNER (U)
DEPUTY LIBRARY DIRECTOR (U)
DETECTIVE/CORPORAL
DIRECTOR OF ANIMAL SERVICES (U)
DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U)
DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)
DIRECTOR OF ECONOMIC DEVELOPMENT (U)
DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)
DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)
DIRECTOR OF INFORMATION TECHNOLOGY (U)
DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)
DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)
DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST
DIVERSITY, EQUITY & INCLUSION OFFICER (U)
ECONOMIC DEVELOPMENT DIVISION MANAGER (U)
ECONOMIC DEVELOPMENT PROJECT MANAGER
ECONOMIC DEVELOPMENT SPECIALIST
ELECTRICIAN I (FLEX)
ELECTRICIAN II
EMERGENCY OPERATIONS MANAGER
ENGINEERING ASSISTANT I (FLEX)
ENGINEERING ASSISTANT II
ENGINEERING ASSISTANT III
ENGINEERING ASSOCIATE
ENGINEERING PROJECT MANAGER
MIDDLE MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
ENGINEERING TECHNICIAN
ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER
ENVIRONMENTAL PROGRAMS COORDINATOR
ENVIRONMENTAL PROJECT MANAGER
EQUIPMENT MAINTENANCE MANAGER
EQUIPMENT MAINTENANCE SUPERVISOR
EQUIPMENT MECHANIC I (FLEX)
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8
Packet Page. 537
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30902
30943
30707
10707
10982
10978
10976
10951
00083
10939
30623
20092
10512
30506
30944
00259
20060
30165
30166
20160
20490
10624
10623
10730
10778
30133
30136
20100
30098
30516
10700
10121
10129
10657
10683
10684
10682
10672
10673
30207
30101
10627
10626
10637
10631
10388
EQUIPMENT MECHANIC II
EQUIPMENT SERVICE WORKER
EXECUTIVE ASSISTANT
450
408
430
430
464
502
502
550
368
591
420
515
532
398
438
361
478
448
478
543
542
580
483
601
506
476
390
506
392
452
556
500
601
518
500
518
476
590
490
418
460
498
520
599
530
430
$4,641.76
$3,765.06
$4,201.75
$4,106.44
$4,864.68
$5,879.65
$5,879.65
$7,469.79
$2,782.00
$9,165.01
$3,996.70
$6,414.06
$6,828.53
$3,581.07
$4,372.43
$2,687.00
$5,333.23
$4,596.32
$5,337.81
$7,375.28
$7,338.73
$8,676.49
$5,347.79
$9,634.04
$5,998.80
$5,284.61
$3,441.42
$6,132.78
$3,475.78
$4,688.31
$7,697.27
$5,821.15
$9,634.04
$6,368.17
$5,821.15
$6,368.17
$5,164.73
$9,119.52
$5,538.44
$3,956.80
$4,878.95
$5,763.74
$6,432.08
$9,538.72
$6,761.38
$4,106.44
$5,642.60
$4,576.37
$5,106.16
$4,990.33
$5,913.23
$7,147.00
$7,147.00
$9,080.52
$3,382.00
$11,140.78
$4,857.89
$7,796.09
$8,300.61
$4,353.59
$5,314.53
$3,266.00
$6,482.71
$5,586.08
$6,488.27
$8,964.40
$8,920.10
$10,546.10
$6,500.32
$11,710.55
$7,291.06
$6,423.99
$4,182.91
$7,453.90
$4,225.02
$5,699.13
$9,355.66
$7,075.51
$11,710.55
$7,740.59
$7,075.51
$7,740.59
$6,278.27
$11,085.54
$6,732.13
$4,810.23
$5,930.77
$7,006.18
$7,818.59
$11,593.56
$8,218.29
$4,990.33
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
NA
EXECUTIVE ASSISTANT (U)
EXECUTIVE ASSISTANT TO DIRECTOR (U)
EXECUTIVE ASSISTANT TO MAYOR (U)
EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)
EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)
EXTRA RELIEF HEAVY LABORER (PT)
FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)
FACILITIES MAINTENANCE MECHANIC
FACILITIES MAINTENANCE SUPERVISOR
FINANCIAL ANALYST
FLEET PARTS STOREKEEPER
FLEET PARTS TECHNICIAN
FOOD SERVICE PROGRAM SPECIALIST (PT)
FOOD SERVICE SUPERVISOR
FORENSICS SPECIALIST I (FLEX)
FORENSICS SPECIALIST II
FORENSICS SUPERVISOR
FORESTRY SUPERVISOR
GIS ADMINISTRATOR
GIS ANALYST
GRANT DIVISION MANAGER (U)
GRANT WRITER
GRANTS ANALYST
GRANTS ASSISTANT
GRANTS MANAGER (U)
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
GENERALGROUNDWORKER ARBORIST
HAZMAT TECHNICIAN GENERAL
HOMELESS SERVICES COORDINATOR
HOUSING COMPLIANCE SPECIALIST
HOUSING DIVISION MANAGER (U)
HUMAN RESOURCES ANALYST
HUMAN RESOURCES ANALYST I
HUMAN RESOURCES ANALYST II
HUMAN RESOURCES ANALYST TRAINEE
HUMAN RESOURCES DIVISION MANAGER (U)
HUMAN RESOURCES GENERALIST
HUMAN RESOURCES TECHNICIAN
HVAC MECHANIC
INFORMATION TECHNOLOGY ANALYST I (FLEX)
INFORMATION TECHNOLOGY ANALYST II
INFORMATION TECHNOLOGY MANAGER
INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR
INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8
Packet Page. 538
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30638
30639
00308
30113
30080
30463
30311
30932
20170
30490
30593
10319
10233
30335
30366
30341
20388
10401
20385
30380
00361
20387
30391
30392
00133
30215
20484
30486
30487
30488
10530
10531
10532
10533
10516
30515
00502
10503
10190
10528
30425
30426
20555
10122
10868
30178
LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)
LANDSCAPE & IRRIGATION INSPECTOR II
LAW ENFORCEMENT TRAINEE
LEAD ANIMAL CONTROL OFFICER
LEAD BUILDING INSPECTOR
447
467
NA
$4,573.05
$5,052.96
$34.77
$5,558.37
$6,141.36
$34.77
MONTHLY
MONTHLY
HOURLY
GENERAL
GENERAL
NA
GENERAL
GENERAL
GENERAL
GENERAL
GENERAL
437
526
498
397
470
516
452
471
497
593
450
479
370
460
635
492
422
361
450
380
402
377
470
522
393
415
425
476
476
506
506
476
461
NA
$4,350.27
$6,780.88
$5,897.52
$3,563.34
$5,128.33
$6,446.17
$4,688.31
$5,154.93
$5,734.50
$9,257.08
$4,641.76
$5,364.41
$3,114.46
$4,874.77
$11,414.83
$5,718.61
$4,036.60
$2,687.00
$4,637.79
$3,274.06
$3,653.12
$2,910.00
$5,128.33
$6,642.18
$3,493.51
$3,898.06
$4,097.56
$5,164.73
$5,164.73
$5,998.80
$5,998.80
$5,164.73
$4,903.33
$4,166.67
$8,676.49
$7,891.16
$8,090.47
$4,903.33
$5,527.33
$6,741.85
$6,368.17
$9,165.01
$3,563.34
$5,287.93
$8,242.79
$7,168.80
$4,331.43
$6,234.46
$7,834.85
$5,699.13
$6,265.49
$6,970.44
$11,252.35
$5,642.60
$6,520.41
$3,786.12
$5,925.69
$13,873.71
$6,951.14
$4,906.66
$3,266.00
$5,637.77
$3,980.08
$4,441.15
$3,537.00
$6,234.46
$8,072.94
$4,246.08
$4,738.19
$4,980.92
$6,278.27
$6,278.27
$7,291.06
$7,291.06
$6,278.27
$5,960.70
$4,166.67
$10,546.10
$9,591.80
$9,834.43
$5,960.70
$6,718.81
$8,194.75
$7,740.59
$11,140.78
$4,331.43
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
LEAD CODE ENFORCEMENT OFFICER
LEAD CUSTODIAN
LEAD EQUIPMENT MECHANIC
LEAD FORENSICS SPECIALIST
LEAD MAINTENANCE WORKER
LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER
LEGAL ADMINISTRATIVE ASSISTANT (U)
LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)
LIBRARIAN I (FLEX)
MIDDLE MANAGEMENT
GENERAL
GENERAL
CONFIDENTIAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
LIBRARIAN II
LIBRARY ASSISTANT
LIBRARY CIRCULATION SUPERVISOR
LIBRARY DIRECTOR (U)
LIBRARY NETWORK ADMINISTRATOR
LIBRARY NETWORK TECHNICIAN
LIBRARY PAGE (PT)
LIBRARY PROGRAM COORDINATOR
LIBRARY TECHNICIAN I (FLEX)
LIBRARY TECHNICIAN II
MIDDLE MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
GENERAL
NA
GENERAL
LIFEGUARD (PT)
LITERACY PROGRAM COORDINATOR
MAINTENANCE SUPERVISOR
MAINTENANCE WORKER I (FLEX)
MAINTENANCE WORKER II
MIDDLE MANAGEMENT
GENERAL
GENERAL
GENERALMAINTENANCE WORKER III
MANAGEMENT ANALYST I (FLEX)
MANAGEMENT ANALYST I (FLEX)(U)
MANAGEMENT ANALYST II
MANAGEMENT ANALYST II (U)
MARKETING & MEDIA SPECIALIST
MARKETING & PUBLIC RELATIONS SPECIALIST
MAYOR
MAYOR'S CHIEF OF STAFF (U)
NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)
NETWORK SYSTEMS ADMINISTRATOR
NPDES INSPECTOR I (FLEX)
NPDES INSPECTOR II
NPDES MANAGER
OMBUDSPERSON
OPERATIONS & MAINTENANCE DIVISION MANAGER (U)
PARK RANGER
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
NA
580
561
566
461
485
525
518
591
397
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
CONFIDENTIAL
MANAGEMENT
GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8
Packet Page. 539
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
20178
30581
20603
30611
30622
10064
10068
20400
30691
10713
30680
30682
30481
00192
00520
50283
20775
20772
32767
32768
30848
50402
40751
30218
20765
30219
30220
40332
30585
00331
00333
20019
10182
10243
20864
00360
10132
10639
20949
30947
30948
10212
30580
30583
30584
10900
PARK RANGER SUPERVISOR 480
380
534
390
421
521
430
494
456
594
499
534
450
368
396
P5
$5,386.39
$3,274.06
$7,050.81
$3,441.42
$4,016.65
$6,464.58
$4,106.44
$5,776.19
$4,782.52
$9,303.66
$5,927.45
$7,056.85
$4,641.76
$16.00
$6,546.94
$3,980.08
$8,571.27
$4,182.91
$4,882.27
$7,857.58
$4,990.33
$7,020.91
$5,813.29
$11,308.68
$7,204.26
$8,578.62
$5,642.60
$18.84
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
HOURLY
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
PARKING ENFORCEMENT OFFICER
PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR
PARKS MAINTENANCE WORKER I (FLEX)
PARKS MAINTENANCE WORKER II
PAYROLL SUPERVISOR
PAYROLL TECHNICIAN
PERMIT SERVICES SUPERVISOR
PLANNING AIDE
PLANNING DIVISION MANAGER (U)
PLANS EXAMINER I (FLEX)
PLANS EXAMINER II
PLUMBER
POLICE CADET (PT)
POLICE CALL TAKER (PT)
POLICE CAPTAIN
POLICE DISPATCH MANAGER
POLICE DISPATCH SUPERVISOR
POLICE DISPATCHER I (FLEX)
POLICE DISPATCHER II
POLICE FLEET MAINTENANCE EXPEDITOR
POLICE LIEUTENANT
GENERAL
MANAGEMENT
CONFIDENTIAL
MIDDLE MANAGEMENT
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
NA
$19.85 $24.14 HOURLY NA
$19,412.09
$6,843.73
$5,892.47
$4,146.40
$4,839.53
$3,581.07
$16,494.29
$7,532.62
$4,806.91
$4,973.33
$3,098.94
$3,441.42
$9,898.35
$4,016.65
$3,624.00
$4,044.00
$7,636.62
$9,586.38
$10,228.72
$6,575.74
$3,264.00
$7,469.79
$7,469.79
$5,776.19
$3,821.59
$5,180.42
$9,257.08
$5,284.61
$5,927.45
$6,883.95
$6,119.03
$19,412.09
$8,318.78
$7,162.66
$5,040.29
$5,882.58
$4,353.59
$16,494.29
$10,059.74
$5,843.21
$6,045.29
$3,767.28
$4,182.91
$12,962.73
$4,882.27
$4,405.00
$4,916.00
$9,283.33
$11,652.05
$12,431.96
$7,993.21
$3,967.00
$9,080.52
$9,080.52
$7,020.91
$4,645.09
$6,296.53
$11,252.35
$6,423.99
$7,204.26
$8,366.92
$7,438.38
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
POLICE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
POLICE DISPATCHER
POLICE DISPATCHER
GENERAL
POLICE MANAGEMENT
POLICE SAFETY
GENERAL
528
498
425
456
398
P4
POLICE OFFICER P1
POLICE PERSONNEL AND TRAINING TECHNICIAN
POLICE RECORDS SUPERVISOR
POLICE RECORDS TECHNICIAN I (FLEX)
POLICE RECORDS TECHNICIAN II
POLICE SERGEANT
POOL MAINTENANCE COORDINATOR
POOL MANAGER I (PT)
POOL MANAGER II (PT)
457
464
369
390
P3
MIDDLE MANAGEMENT
GENERAL
GENERAL
POLICE SAFETY
GENERAL421
421
443
550
600
613
520
400
550
550
494
411
472
593
476
499
529
510
NA
NA
PRINCIPAL ACCOUNTANT
PRINCIPAL CIVIL ENGINEER
PRINCIPAL PLANNER
MIDDLE MANAGEMENT
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
NA
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
PROCUREMENT CONTRACT SPECIALIST
PROGRAMMING/TRAFFIC ASSISTANT
PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)
PROJECT MANAGER/COMMUNITY SERVICES
PROPERTY AND EVIDENCE SUPERVISOR
PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)
PROPERTY AND EVIDENCE TECHNICIAN II
PUBLIC INFORMATION OFFICER (U)
PUBLIC WORKS INSPECTOR I (FLEX)
PUBLIC WORKS INSPECTOR II
PUBLIC WORKS INSPECTOR III
PUBLIC WORKS SAFETY AND TRAINING OFFICER
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8
Packet Page. 540
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
10863
30770
10440
10259
00222
00244
00230
00256
30825
30115
10690
10538
00266
00265
30708
30229
30410
10154
30228
30230
30232
10222
10632
10656
10622
10385
00283
10513
10514
10529
30710
10223
20243
00294
10300
30978
20995
00019
10689
20336
10443
20437
20438
20370
30447
30448
PURCHASING DIVISION MANAGER (U)
RANGEMASTER
REAL PROPERTY MANAGER
RECORDS MANAGEMENT SPECIALIST (U)
RECREATION AIDE (PT)
RECREATION LEADER (PT)
RECREATION SPECIALIST (PT)
RECREATION SUPERVISOR (AQUATICS) (PT)
RECREATION THERAPIST
REGISTERED VETERINARY TECHNICIAN
RISK DIVISION MANAGER (U)
SAFETY OFFICER
SECURITY OFFICER I (PT)
SECURITY OFFICER II (PT)
SENIOR ADMINISTRATIVE ASSISTANT
SENIOR ANIMAL SERVICES REPRESENTATIVE
SENIOR ARBORIST
598
465
580
460
368
375
400
481
468
450
590
530
378
402
420
390
502
581
435
445
445
435
530
461
553
488
396
556
556
592
375
375
567
382
644
450
490
368
559
502
573
532
552
533
450
484
$9,491.06
$5,001.98
$8,676.49
$4,768.28
$2,782.00
$2,881.00
$3,264.00
$4,888.00
$5,077.34
$4,641.76
$9,119.52
$6,761.38
$2,925.00
$3,296.00
$3,996.70
$3,441.42
$6,016.12
$8,719.81
$4,307.04
$4,527.60
$4,527.60
$4,209.34
$6,761.38
$4,792.11
$7,582.45
$5,483.19
$3,199.00
$7,697.27
$7,697.27
$9,211.59
$3,193.15
$3,120.72
$8,313.25
$2,984.00
$11,938.02
$4,641.76
$5,662.13
$2,782.00
$7,813.17
$6,010.96
$8,378.60
$6,981.04
$7,714.14
$7,016.48
$4,641.76
$5,499.62
$11,536.15
$6,080.40
$10,546.10
$5,796.24
$3,382.00
$3,502.00
$3,967.00
$5,942.00
$6,172.39
$5,642.60
$11,085.54
$8,218.29
$3,555.00
$4,007.00
$4,857.89
$4,182.91
$7,312.88
$10,598.09
$5,235.84
$5,502.95
$5,502.95
$5,117.07
$8,218.29
$5,825.49
$9,217.01
$6,664.97
$3,889.00
$9,355.66
$9,355.66
$11,196.02
$3,881.44
$3,793.39
$10,103.91
$3,627.00
$14,511.72
$5,642.60
$6,882.49
$3,382.00
$9,496.47
$7,306.62
$10,184.31
$8,486.00
$9,376.35
$8,528.08
$5,642.60
$6,684.45
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MANAGEMENT
GENERAL
MANAGEMENT
CONFIDENTIAL
NA
NA
NA
NA
GENERAL
GENERAL
MANAGEMENT
CONFIDENTIAL
NA
NA
GENERAL
GENERAL
GENERAL
MANAGEMENT
GENERAL
GENERAL
SENIOR CIVIL ENGINEER
SENIOR CUSTOMER SERVICE REPRESENTATIVE
SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)
SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)
SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)
SENIOR GIS ANALYST
SENIOR HUMAN RESOURCES TECHNICIAN
SENIOR INFORMATION TECHNOLOGY ANALYST
SENIOR INFORMATION TECHNOLOGY TECHNICIAN
SENIOR LIFEGUARD (PT)
SENIOR MANAGEMENT ANALYST
SENIOR MANAGEMENT ANALYST (U)
SENIOR NETWORK SYSTEMS ADMINISTRATOR
SENIOR OFFICE ASSISTANT
SENIOR OFFICE ASSISTANT (U)
SENIOR PLANNER
SENIOR RECREATION LEADER (PT)
SHELTER VETERINARIAN
SOLID WASTE FIELD INSPECTOR
STATION MANAGER
STUDENT INTERN (PT)
SUPERVISING HUMAN RESOURCES ANALYST
TECHNOLOGY LIBRARIAN
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
NA
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
CONFIDENTIAL
MIDDLE MANAGEMENT
NA
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
NA
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
TRAFFIC ENGINEER
TRAFFIC ENGINEERING ASSOCIATE
TRAFFIC OPERATIONS AND SYSTEMS ANALYST
TRAFFIC SIGNAL AND LIGHTING SUPERVISOR
TRAFFIC SIGNAL TECHNICIAN I (FLEX)
TRAFFIC SIGNAL TECHNICIAN II GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8
Packet Page. 541
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30449
30667
10740
20666
30125
30620
TRAFFIC SIGNAL TECHNICIAN III
TREASURY ASSISTANT
TREASURY MANAGER
TREASURY SUPERVISOR
VETERINARY ASSISTANT
VOLUNTEER COORDINATOR
513
399
598
502
400
358
$6,355.27
$3,599.92
$9,491.06
$6,010.96
$3,617.65
$2,933.80
$7,725.19
$4,374.65
$11,536.15
$7,306.62
$4,414.22
$3,565.56
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
GENERAL
GENERAL30000WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY
(U) DENOTES UNCLASSIFIED
* Part‐time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local
REVISION ADOPTED BY MCC 6/19/17
REVISION ADOPTED BY MCC 6/20/18
REVISION ADOPTED BY MCC 06/19/19
REVISION ADOPTED BY MCC 8/21/19
REVISION ADOPTED BY MCC 1/15/20
REVISION ADOPTED BY MCC 6/24/20
REVISION ADOPTED BY MCC 9/2/20
REVISION ADOPTED BY MCC 12/16/20
REVISION ADOPTED BY MCC 2/17/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 6/16/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
REVISION ADOPTED BY MCC 7/20/22
REVISION ADOPTED BY MCC 8/17/22
REVISION ADOPTED BY MCC 9/21/22
REVISION ADOPTED BY MCC 10/19/22
REVISION ADOPTED BY MCC 11/2/22
REVISION ADOPTED BY MCC 11/16/22
REVISION ADOPTED BY MCC 12/7/22
REVISION ADOPTED BY MCC 1/18/23
REVISION ADOPTED BY MCC 6/21/23
REVISION ADOPTED BY MCC 8/16/23
REVISION ADOPTED BY MCC 10/4/23
REVISION ADOPTED BY MCC 10/18/23
REVISION ADOPTED BY MCC 12/6/23
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8
Packet Page. 542
CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6
Months
Service
Following
18 Months
Service
Third
Year
Service
Fourth
Year
Service
Fifth & Sub-
sequent Yrs
Service
JOB
TITLE
Monthly Pay Rates Effective July 1, 2023:
Police Officer
P-1
$7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74
Detective/Corporal $8,746.90
P-2
$9,428.23 $10,109.56 $10,789.83 $11,471.16
$11,430.00 $12,196.91 $12,962.73Sergeant
P-3
$9,898.35 $10,664.17
Lieutenant
P-4
--
--
--
--
--
--
--
--
--
--
--
--
$16,494.29
$19,412.09
$23,765.30
Captain
P-5
Assistant Chief
P-6
Packet Page. 543
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Suzie H. Soren, Deputy City Manager
Department:Human Resources
Subject:Side Letter Agreement with Various Bargaining
Groups Regarding Hazard Pay
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-028, authorizing the City Manager to execute
side letter agreements with various bargaining groups regarding hazard pay.
Executive Summary
This action is the continuation of the strategic initiatives established at the May 2023
Mayor and City Council three-day workshop retreat (“Retreat”). Council approved
hazard pay for employees permanently assigned to the encampment cleanup crew in
the Public Works Department. Staff is now requesting approval from Council to execute
the side letter agreements with the General Unit and Middle Management.
Background
The Mayor and City Council held a three-day Retreat beginning on May 11, 2023,
where goals and priorities for the City of San Bernardino were defined. At the Retreat,
economic development opportunities and city staffing priorities, among other topics,
were discussed.
On June 30, 2023, a special workshop (“Workshop”) was held to address the Council’s
goals and priorities. The Workshop was informational only and allowed staff to present
a series of strategic initiatives and other programs and proposals for the Council’s
future consideration.
On September 12, 2023, staff presented a follow-up to the Workshop and provided an
analysis of the City’s economic forecast, position control, and a comparative analysis
of other cities. The presentation expanded upon the City’s Quality of Life tools and
Packet Page. 544
services to improve the City’s appearance, cleanliness, safety, and attractiveness for
its residents, businesses, and the development community, among other items.
Discussion
The City’s Public Works Encampment Cleanup Crew comprises two (2) Maintenance
Supervisors, two (2) Lead Maintenance Workers, and eight (8) Maintenance Worker I
employees. The positions on this crew will be eligible for Hazard Pay as they will be
handling cleaning the City’s parks and other public spaces of hazards and biohazards
relating to homeless encampments.
Permanently assigned employees to this crew will receive Hazard pay in the amount
of $200/week ($400 bi-weekly). The attached side letter agreements reflect the
following details:
•Any Public Works employee who is permanently assigned to the encampment
cleanup crew will receive additional bi-weekly pay. The additional pay will not be
prorated. Whenever permanent cleanup crew employees work overtime on
another shift, their hourly pay will include the additional bi-weekly pay.
•Any non-permanent cleanup crew employees who work overtime on a cleanup
crew shift, will only be paid at their regular rate of pay (no additional hazard pay).
•The Department, by memo, will inform Payroll which employees are permanently
assigned to the encampment cleanup crew and should receive the additional
weekly pay. In addition, the Department will inform, by memo, Payroll when
removing an employee from the assignment. Permanent is defined as working
fourteen (14) days or more.
•Hazard pay is not considered to be CalPERS reportable income.
2021-2025 Strategic Targets and Goals
Authorizing the City Manager to execute side letter agreements regarding hazard pay
with the City’s various bargaining groups aligns with Strategic Target 2: Focused,
Aligned Leadership and Unified Community. Specifically, Goal a: Build a culture that
attracts, retains, and motivates the highest quality talent.
Fiscal Impact
There is no further General Fund impact associated with this item. $93,600 was
appropriated during the approval of the Hazard Pay as part of the Strategic Initiative
meeting in October 2023.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-028, authorizing the City Manager to execute
side letter agreements with various bargaining groups regarding hazard pay.
Attachments
Packet Page. 545
Attachment 1 – Resolution 2024-028
Attachment 2 – Exhibit ”A” - Side Letters
Ward:
All Wards
Synopsis of Previous Council Actions:
September 12, 2023 The Mayor and City Council approved hazard pay for
encampment cleanup crew staff members for an authorized
staffing level of two (2) Maintenance Supervisors, two (2)
Lead Maintenance Workers and eight (8) Maintenance
Worker I employees.
Packet Page. 546
Resolution No. 2024-028
Resolution 2024-028
January 17, 2024
Page 1 of 4
3
7
2
5
RESOLUTION NO. 2024-028
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE SIDE
LETTER AGREEMENTS WITH VARIOUS CITY
BARGAINING GROUPS FOR HAZARD PAY
WHEREAS, on September 12, 2023, staff provided an analysis of the City’s economic
forecast, position control, and a comparative analysis of other cities. The presentation expanded
upon the City’s Quality of Life tools and services to improve the City’s appearance, cleanliness,
safety, and attractiveness for its residents, businesses, and the development community; and
WHEREAS, staff recommended staffing an Encampment Cleanup Crew comprised of two
(2) Maintenance Supervisors, two (2) Lead Maintenance Workers, and eight (8) Maintenance
Worker I employees from the Public Works Department; and
WHEREAS, the Encampment Cleanup Crew would be eligible for Hazard Pay as they
will be handling cleaning the City’s parks and other public spaces of hazards and biohazards
relating to homeless encampments.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Council hereby establishes and approves hazard pay for staff
assigned to the Public Works Encampment Cleanup Crew comprised of two (2) Maintenance
Supervisors, two (2) Lead Maintenance Workers, and eight (8) Maintenance Worker I employees.
Permanently assigned employees to this Public Works Encampment Cleanup Crew would receive
Hazard pay in the amount of $200/week ($400 bi-weekly). Any employee who is permanently
assigned to the cleanup crew will receive additional bi-weekly pay. The additional pay will not be
prorated. Whenever permanent cleanup crew employees work overtime on another shift, their
hourly pay will include the additional bi-weekly pay. Any non-permanent cleanup crew employees
who work overtime on a cleanup crew shift, will only be paid at their regular rate of pay (no
additional hazard pay).
SECTION 3. The Department, by memo, will inform Payroll which employees are
permanently assigned to the encampment cleanup crew and should receive the additional weekly
pay. In addition, the Department will inform, by memo, Payroll when removing an employee from
the assignment. Permanent is defined as working fourteen (14) days or more. Hazard pay is not
considered reportable income to CalPERS.
Packet Page. 547
Resolution No. 2024-028
Resolution 2024-028
January 17, 2024
Page 2 of 4
3
7
2
5
SECTION 4. The City Manager is authorized to execute a Side Letter Agreement with
Teamsters Local 1932 representing the Middle Management employees relating to hazard pay as
defined in Section 2 to eligible represented City employees, attached hereto and incorporated herein
as Exhibit “A”.
SECTION 5. Hazard pay as defined in Section 2 is hereby approved and authorized for those
eligible unrepresented General Unit employees, attached hereto and incorporated herein as Exhibit
“A”.
SECTION 6.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 7.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Packet Page. 548
Resolution No. 2024-028
Resolution 2024-028
January 17, 2024
Page 3 of 4
3
7
2
5
Sonia Carvalho, City Attorney
Packet Page. 549
Resolution No. 2024-028
Resolution 2024-028
January 17, 2024
Page 4 of 4
3
7
2
5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-028, adopted at a regular meeting held on the ___ day of _______ 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 550
EXHIBIT A
SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE GENERAL UNIT
EMPLOYEES
The modification of the terms and conditions set forth in the Memorandum of
Understanding (2020-2025) between the City and the General Unit (hereinafter referred to as
“MOU”) are as follows:
1. This Side Letter Agreement is to implement hazard pay to those employees permanently
assigned to the encampment cleanup crew in the Public Works Department.
a. Unit employees permanently assigned to the encampment cleanup crew in the
Public Works Department and hold one of the below positions, will be paid an
additional $200 per week ($400 bi-weekly) in addition to their regular pay.
Classification Authorized Staffing Level
Lead Maintenance Worker 2
Maintenance Worker I 8
b. Unit employees who are permanently assigned to the encampment cleanup crew
will receive additional bi-weekly pay. The additional pay will not be prorated.
Whenever permanent cleanup crew employees work overtime on another shift,
their hourly pay will include the additional bi-weekly pay.
c. Any non-permanent cleanup crew employees who work overtime on a cleanup
crew shift, will only be paid at their regular rate of pay (no additional hazard pay).
d. The Department, by memo, will inform Payroll which employees are permanently
assigned to the encampment cleanup crew and should receive the additional bi-
weekly pay. In addition, the Department will inform, by memo, Payroll when
removing an employee from the assignment. Permanent is defined as working
fourteen (14) days or more.
e. Hazard pay, for employees assigned to the encampment cleanup crew, is not
considered CalPERS reportable income.
2. This Side Letter Agreement shall become effective upon City Council approval.
3. All other terms and conditions of the MOU shall remain the same.
Packet Page. 551
EXHIBIT A
___________________________________
Charles A. Montoya, City Manager
City of San Bernardino
Date: ____________________________
Packet Page. 552
EXHIBIT A
SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN BERNARDINO (“CITY”) AND THE TEAMSTERS,
LOCAL 1932 (“UNION”) REPRESENTING THE MIDDLE MANAGEMENT
EMPLOYEES
The City and the Union hereby agree to a modification of the terms and conditions set forth
in the Memorandum of Understanding (2020-2025) between the City and the Union (hereinafter
referred to as “MOU”) as follows:
1. The Parties separately agree by this Side Letter Agreement to implement hazard pay for
those unit employees permanently assigned to the encampment cleanup crew in the Public
Works Department.
a. Unit employees permanently assigned to the encampment cleanup crew in the
Public Works Department and hold one of the below positions, will be paid an
additional $200 per week ($400 bi-weekly) in addition to their regular pay.
Classification Authorized Staffing Level
Maintenance Supervisor 2
b. Unit employees who are permanently assigned to the encampment cleanup crew
will receive additional bi-weekly pay. The additional pay will not be prorated.
Whenever permanent cleanup crew employees work overtime on another shift,
their hourly pay will include the additional bi-weekly pay.
c. Any non-permanent cleanup crew employees who work overtime on a cleanup
crew shift, will only be paid at their regular rate of pay (no additional hazard pay).
d. The Department, by memo, will inform Payroll which employees are permanently
assigned to the encampment cleanup crew and should receive the additional bi-
weekly pay. In addition, the Department will inform, by memo, Payroll when
removing an employee from the assignment. Permanent is defined as working
fourteen (14) days or more.
e. Hazard pay, for employees assigned to the encampment cleanup crew, is not
considered CalPERS reportable income.
2. This Side Letter Agreement shall become effective upon City Council approval.
3. All other terms and conditions of the MOU shall remain the same.
Packet Page. 553
EXHIBIT A
___________________________________
David Farugia, Business Agent
Teamsters, Local 1932
Date: ____________________________
___________________________________
Charles A. Montoya, City Manager
City of San Bernardino
Date: ____________________________
Packet Page. 554
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7
4
8
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Suzie H. Soren, Deputy City Manager
Department:Human Resources
Subject:Amendments to Professional Services Agreements
for Legal Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager or their designee to execute:
1. Fourth Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud and Romo for representation in the Andrea Miller (II) v. City
of San Bernardino, 4th District Court of Appeals Case No. E080807
2. Third Amendment to the Professional Services Agreement with Stream, Kim,
Hicks, Wrage & Alfaro for representation in the Andrea Miller (II) v. City of San
Bernardino, 4th District Court of Appeals Case No. E080807
3. Second Amendment to the Professional Services Agreement with Carpenter,
Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et al.
v. City of San Bernardino, US District Court Case No. 5:2022cv02206
4. Second Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud & Romo for the provision of legal services in connection
with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District
Court Case No. CIVSB 2226731
5. Second Amendment to the Professional Services Agreement with Carpenter,
Rothans & Dumont, for representation in Deshawn Wright v. City of San
Bernardino, United States District Court, Case No. 5:21-0032-CAS
Packet Page. 555
1
7
4
8
6. Second Amendment to the Professional Services Agreement with Jones & Mayer,
for representation of City employee Imran Ahmed in Deshawn Wright v. City of
San Bernardino, United States District Court, Case No. 5:21-0032-CAS
Executive Summary
Amending the legal services agreements will allow the City to pay outstanding invoices
and retain current legal counsel.
Background
Andrea Miller (II) V. City of San Bernardino
On April 30, 2020, the City entered into an agreement with Atkinson, Andelson, Loya,
Ruud and Romo in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal
Code to represent the City in Andrea Miller (II) v. City of San Bernardino. 4th District
Court of Appeals Case No. E080807.
On July 2, 2021, the City entered into the first amendment to the agreement for a total
not to exceed $100,000. On April 6, 2022, the City entered into the second amendment
to the agreement for a total not to exceed 200,000. On January 18, 2023, the City
entered into the third amendment to the agreement for a total not to exceed 300,000.
Andrea Miller (II) v. City of San Bernardino
On March 17, 2021, the City entered into an agreement with Stream, Kim, Hicks,
Wrage & Alfaro to represent Councilmember Sandra Ibarra in the amount of
$50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Andrea
Miller (II) v. City of San Bernardino. 4th District Court of Appeals Case No. E080807.
On January 18, 2023, the City entered into the second amendment to the agreement
for a total not to exceed 250,000.
Estate of Rob Marquise Adams, et al. v. City of San Bernardino
On July 18, 2022, the City entered into an agreement with Carpenter, Rothans &
Dumont in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to
represent the City in the Estate of Rob Marquise Adams, et al. v. City of San
Bernardino. Case No. 5:2022cv02206
On May 31, 2023, the city entered into the first amendment to the agreement for a total
not to exceed $100,000.
Brian Pellis, et al. v. City of San Bernardino, et al.
On July 14, 2022, the City entered into an agreement with Atkinson, Andelson, Loya,
Ruud & Romo in the amount of $49,999.00 pursuant to 3.04.085(A) of the Municipal
Code to represent the City in Brian Pellis, et al. v. City of San Bernardino, et al., US
District Court Case No. CIVSB 2226731.
On October 17, 2023, the city entered into the first amendment to the agreement for a
Packet Page. 556
1
7
4
8
total not to exceed $100,000.
Deshawn Wright v. City of San Bernardino
On December 9, 2021, the City entered into an agreement with Carpenter, Rothans &
Dumont in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to
represent the City in the Deshawn Wright v. City of San Bernardino, United States
District Court, Case No. 5:21-0032-CAS.
On May 31, 2023, the city entered into the first amendment to the agreement for a total
not to exceed $100,000.
Deshawn Wright v. City of San Bernardino
On May 17, 2022, the City entered into an agreement with Jones & Mayer in the
amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent Imran
Ahmed in the Deshawn Wright v. City of San Bernardino, United States District Court,
Case No. 5:21-0032-CAS.
On May 31, 2023, the city entered into the first amendment to the agreement for a total
not to exceed $100,000.
Discussion
At this time, it is necessary to increase the not-to-exceed contract amounts for all
agreements listed above.
Both Atkinson, Andelson, Loya, Ruud and Romo and Stream Kim Hicks Wrage & Alfaro
have worked on behalf of the City and Councilmember Sandra Ibarra on the Andrea
Miller (II) v. City of San Bernardino matter. This case is now closed. Increasing the not
to exceed cap will fund all final pending invoices.
Carpenter, Rothans & Dumont, LLP have worked on behalf of the City on the Estate of
Rob Marquise Adams, et al. v. City of San Bernardino matter. It is advisable to maintain
this firm as continued representation is essential to protect the City’s interest and avoid
unnecessary liability.
Atkinson, Andelson, Loya, Ruud and Romo have represented the City in the Brian
Pellis. v. City of San Bernardino matter. This case is still active. Increasing the not to
exceed limit will retain this firm as counsel for this matter.
Both Carpenter, Rothans & Dumont and Jones & Mayer have worked on behalf of the
City and City employee Imran Ahmed on the Deshawn Wright v. City of San Bernardino
matter. This case is now closed. Increasing the not to exceed cap will fund all final
pending invoices.
The proposed amendments to the contract amounts are as follows:
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1
7
4
8
Case Firm Current Not-to-
Exceed Amount
Proposed Not-to-
Exceed Amount
Andrea Miller (II) v.
City of San
Bernadino E080807
Atkinson, Andelson,
Loya Ruud & Romo
$300,000 $325,000
Andrea Miller (II) v.
City of San
Bernadino E080807
Stream, Kim, Hicks,
Wrage & Alfaro
$250,000 $325,000
Estate of Rob
Marquise Adams, et
al. v. City of San
Bernadino
5:2022cv02206
Carpenter, Rothans
& Dumont
$100,000 $250,000
Brian Pellis, et al. v.
City of San
Bernardino, et al
CIVSB 2226731
Atkinson, Andelson,
Loya, Ruud & Romo
$100,000 $250,000
Deshawn Wright v.
City of San
Bernardino
5:21-0032-CAS
Carpenter, Rothans
& Dumont
$100,000 $175,000
Deshawn Wright v.
City of San
Bernardino
5:21-0032-CAS
Jones & Mayer $100,000 $175,000
2021-2025 Strategic Targets and Goals
Authorization of these amendments aligns with Key Target No. 1e: Improved
Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued
legal representation protects the City’s interest and avoids unnecessary liability.
Fiscal Impact
The total increase to the contracts is $550,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager or their designee to execute:
1. Fourth Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud and Romo for representation in the Andrea Miller (II) v. City
of San Bernardino, 4th District Court of Appeals Case No. E080807
2. Third Amendment to the Professional Services Agreement with Stream, Kim,
Hicks, Wrage & Alfaro for representation in the Andrea Miller (II) v. City of San
Bernardino, 4th District Court of Appeals Case No. E080807
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1
7
4
8
3. Second Amendment to the Professional Services Agreement with Carpenter,
Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et al.
v. City of San Bernardino, US District Court Case No. 5:2022cv02206
4. Second Amendment to the Professional Services Agreement with Atkinson,
Andelson, Loya, Ruud & Romo for the provision of legal services in connection
with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al US District
Court Case No. CIVSB 2226731
5. Second Amendment to the Professional Services Agreement with Carpenter,
Rothans & Dumont, for representation in Deshawn Wright v. City of San
Bernardino, United States District Court, Case No. 5:21-0032-CAS
Attachments
Attachment 1 – Original Contracts
Attachment 2 – Amended Contracts
Ward:
All Wards
Synopsis of Previous Council Actions:
May 31,2023 The Mayor and City Council authorized the City Manager to
execute the First Amendment with Atkinson, Andelson, Loya, Ruud
and Romo for representation in the Brian Pellis, et al. v. City of San
Bernardino, et al Case No. CIVSB 2226731
May 31, 2023 The Mayor and City Council authorized the City Manager to
execute the First Amendment Carpenter, Rothans & Dumont LLP
for representation in the Estate of Rob Marquise Adams, et al. v.
City of San Bernardino Case No. 5:2022cv02206.
May 31, 2023 The Mayor and City Council authorized the City Manager to
execute the First Amendment Jones and Mayer for representation
of Imran Ahmed in D. Wright case v. City of San Bernardino, et al.,
United States District Co. Case No. 5:21- 0032-CAS.
May 31, 2023 The Mayor and City Council authorized the City Manager to
execute the First Amendment Carpenter, Rothans and Dumont for
representation in D. Wright case v. City of San Bernardino, et al.,
United States District Co. Case No. 5:21- 0032-CAS.
January 18, 2023 The Mayor and City Council authorized the City
Manager to execute the Third Amendment with Atkinson, Andelson,
Loya, Ruud and Romo for representation in the Andrea Miller (II) v.
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1
7
4
8
City of San Bernardino. 4th District Court of Appeals Case No.
E080807.
January 18, 2023The Mayor and City Council authorized the City Manager to
execute the Second Amendment with Stream Kim Hicks Wrage &
Alfaro for representation in the Andrea Miller (II) v. City of San
Bernardino. 4th District Court of Appeals Case No. E080807.
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1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP
This Agreement is made and entered into as of December 9, 2021 by and between
the City of San Bernardino, a charter city and municipal corporation organized and
operating under the laws of the State of California with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and CARPENTER,
ROTHANS & DUMONT, LLP with its principal place of business at 500 South Grand
Avenue, 19th Floor Los Angeles, California 90071 (hereinafter referred to as “Consultant”).
City and Consultant are hereinafter sometimes referred to individually as “Party” and
collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of
professional services for the following project: legal representation in all litigation matters
for civil complaint Deshawn M. Wright v. City of San Bernardino, et al. (5:22-cv-00132
CAS (JCx)) (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide
such services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in
the Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel identified in their
proposal. Consultant warrants that Consultant is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant’s performance of this Agreement. Consultant further represents that no
City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services
in accordance with the Schedule of Charges set forth in Exhibit “A.”
b. In no event shall the total amount paid for services rendered by
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Consultant under this Agreement exceed the sum of forty-nine thousand, nine-hundred
and ninety-nine dollars ($49,999). This amount is to cover all related costs, and the City
will not pay any additional fees for printing expenses. Consultant may submit invoices to
City for approval. Said invoice shall be based on the total of all Consultant’s services
which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice
within forty-five (45) days from the date City receives said invoice. The invoice shall
describe in detail the services performed and the associated time for completion. Any
additional services approved and performed pursuant to this Agreement shall be
designated as “Additional Services” and shall identify the number of the authorized
change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the
City, and informal consultations with the other party indicate that a change is warrant ed,
it shall be processed in the following manner: a letter outlining the changes shall be
forwarded to the City by Consultant with a statement of estimated changes in fee or time
schedule. An amendment to this Agreement shall be prepared by the City and executed
by both Parties before performance of such services, or the City will not be required to
pay for the changes in the scope of work. Such amendment shall not render ineffective
or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement,
unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services as set forth in Exhibit “A,” unless the Agreement is
previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times for a period
of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the
City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
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control of the non-performing Party. For purposes of this Agreement, such circumstances
include a Force Majeure Event. A Force Majeure Event shall mean an event that
materially affects the Consultant’s performance and is one or more of the following: (1)
Acts of God or other natural disasters occurring at the project site; (2) terrorism or other
acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals
by governmental authorities that are required for the services); and (4) pandemics,
epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall,
within a reasonable time of being prevented from performing, gi ve written notice to the
other Party describing the circumstances preventing co ntinued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Consultant to any additional compensation regardless of the Party responsible for the
delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes
and regulations of the federal, state and local government, including Cal/OSHA
requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining
and maintaining all permits required of Consultant by federal, state and local regulatory
agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/
or removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance
with generally accepted professional practices and principles and in a manner consistent
with the level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions. Consultant’s performance shall conform in all material
respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at
all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this
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Agreement, obtain and maintain during the term of this Agreement a valid business
registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and
any and all other licenses, permits, qualifications, insurance, and approvals of whatever
nature that are legally required of Consultant to practice his/her profession, skill, or
business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the
written consent of the City, which may be withheld for any re ason. Any attempt to so
assign or so transfer without such consent shall be void and without legal effect and shall
constitute grounds for termination. Subcontracts, if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement. Nothing contained herein shall
prevent Consultant from employing independent associates and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent
contractor and is not an employee of City. No employee or agent of Consultant shall
become an employee of City. The work to be performed shall be in accordance with the
work described in this Agreement, subject to such directions a nd amendments from City
as herein provided. Any personnel performing the work governed by this Agreement on
behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has
provided evidence satisfactory to the City it has secured all insurance required under this
section. In addition, Consultant shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’
policies of commercial general liability and automobile liability insurance using the
endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be
at least as broad as the following:
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Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; (3) products/completed operations liability; or (4) contain
any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(vi) The general liability program may utilize either deductibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury
and property damage including coverage for owned, non-owned and hired vehicles, in a
form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
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(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City
as an additional insured, but not a self -insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self -insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during
the term of this Agreement, at all times during the performance of the work under this
Agreement, the Consultant shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Consultant shall require all
subconsultants to obtain and maintain, for the period required by this Agreement, workers’
compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance co mpanies acceptable to the
City and in an amount indicated herein. This insurance shall be endorsed to include
contractual liability applicable to this Agreement and shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant. “Covered Professional Services” as designated in the policy must specifically
include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the
Consultant shall maintain privacy/network security insurance for: (1) privacy breaches,
(2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation
or spread of malicious software code, in a form and with insurance companies acceptable
to the City.
At all times during the performance of the work under this Agreement, the
Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and
property damage, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
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(i) The following insurance limits are required for the
Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. Any available coverage shall
be provided to the parties required to be named as Additional Insured pursuant to this
Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or qualifie d
representative of the insurer and shall certify the names of the insured, any additional
insureds, where appropriate, the type and amount of the insurance, the location and
operations to which the insurance applies, and the expiration date of such insurance.
j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior writte n notice of cancellation of any
such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
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renewal certificate(s) including the General Liability A dditional Insured Endorsement to
the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Consultant’s policy i s primary insurance
and that any insurance, self -insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made
policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives
its own right of recovery against City and shall require similar written express waivers
and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to
transact in the business of insurance in the State of California, or otherwise allowed
to place insurance through surplus line brokers under applicable provisions of the
California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the City, is not intended to and shall not in any manner limit or qualify the liabilities
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and obligations otherwise assumed by the Consultant pursuant to this Agreement,
including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary and any premium p aid by City will be promptly reimbursed by
Consultant or City will withhold amounts sufficient to pay premium from Consultant
payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
m. Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the City as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by Consultant, City may approve different scopes or
minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,
employees, subcontractors, consultants or agents in connection with the perfo rmance of
the Consultant’s services, the Project, or this Agreement, including without limitation the
payment of all damages, expert witness fees, attorneys’ fees and other related costs and
expenses. This indemnification clause excludes Claims arising from the sole negligence
or willful misconduct of the City. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, the City Council, members
of the City Council, its employees, or authorized volunteers. Consultant’s indemnification
obligation shall survive the expiration or earlier termination of this Agreement .
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless
arises out of Consultant’s performance as a “design professional” (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code
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section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation
shall be limited to the extent which the Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant in the performance of
the services or this Agreement, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well
as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on certain “public works” and “maintenance” projects. If the Services are
being performed as part of an applicable “public works” or “maintenance” project, as
defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such
Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and
all subcontractors to comply with all California Labor Code provisions, which include but
are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration
of the Project and require the same of any subconsultants, as applicable. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility t o comply with all
applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of state and
federal law respecting the employment of undocumented aliens, including, but not limited
to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or federal court situated in the
County of San Bernardino, State of California.
21. Termination or Abandonment
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a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field
notes, drawings and specifications, written reports and other documents produced or
developed for that portion of the work completed a nd/or being abandoned. City shall pay
Consultant the reasonable value of services rendered for any portion of the work
completed prior to termination. If said termination occurs prior to completion of any task
for the Project for which a payment request has not been received, the charge for services
performed during such task shall be the reasonable value of such services, based on an
amount mutually agreed to by City and Consultant of the portion of such task completed
but not paid prior to said termination. City shall not be liable for any costs other than the
charges or portions thereof which are specified herein. Consultant shall not be entitled
to payment for unperformed services and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services
under this Agreement upon thirty (30) calendar days’ written notice to City only in the
event of substantial failure by City to perform in accordance with the terms of this
Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by
the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and
expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City
shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City’s representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant’s professional services occurs, Consultant
shall, at no cost to City, provide all other services necessary to rectify and correct the
matter to the sole satisfaction of the City and to participate in any meeting required with
regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee
of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and become
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the property of the City.
27. Organization. Consultant shall assign Steven Rothans as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the
prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post
Office, certified mail, return receipt requested, postage prepaid, addressed to the
following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Carpenter, Rothans & Dumont, LLP
500 South Grand Avenue, 19th Floor
Los Angeles, California 90071
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or
other interests protected by the State or Federal Constitutions. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the
entire understanding of City and Consultant as to those matters contained herein, and
supersedes and cancels any prior or contemporaneous oral or written understanding,
promises or representations with respect to those matters covered hereunder. Each
Party acknowledges that no representations, inducements, promises , or agreements
have been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
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determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Consultant shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations without
the prior written consent of City. Any attempted assignment without such consent shall
be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall
in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement o f a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
or to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ
other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, bro kerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no official, officer
or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
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41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are formally bound to the provisions of
this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant
to perform its obligations under this Agreement or comply with the Performance Indicators
may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a
warning in regard to non-performance. If a verbal warning is issued, it will be confirmed
with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued
to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within
5 to 10 days of receipt of the formal warning. Upon response from the Consultant,
Consultant shall be provided a reasonable time to make corrections to their performance.
This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s
current invoice amount or annual contract amount is deducted for non -performance after
previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been
corrected after all warnings and previous penalties have been exhausted, City may
terminate the contract pursuant to Section 21 of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
Steven Rothans
Name
Partner______
Title
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Attachment if
necessary
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FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH CARPENTER, ROTHANS AND DUMONT, LLP
This First Amendment (“First Amendment”) to the Professional Services Agreement dated
May 31, 2023 is made and entered into by and between the City of San Bernardino (“City”) and
Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On December 9, 2021, the City and Consultant entered into a Services Agreement
for the provision of legal services pertaining to D. Wright v. City of San Bernardino,
et al., United States District Court, Case No. 5:21-0032-CAS (JCx) (“Original
Agreement”).
b. The City and Consultant now desire to increase the amount of the Original
Agreement.
2. The Original Agreement is hereby amended to increase the total not to exceed amount from
$49,999 to $100,000.
3. Except as modified by this First Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This First Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2023 CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles McNeely
Its: City Manager
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June 1
06/02
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FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH JONES AND MAYER
This First Amendment (“First Amendment”) to the Professional Services Agreement dated
May 31, 2023 is made and entered into by and between the City of San Bernardino (“City”) and
Jones and Mayer (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On May 17, 2022, the City and Consultant entered into a Services Agreement for
the provision of legal services pertaining to Representation of Imran Ahmed in D.
Wright case v. City of San Bernardino, et al., United States District Co. Case No.
5:21- 0032-CAS (JCx) (“Original Agreement”).
b. The City and Consultant now desire to increase the amount of the Original
Agreement.
2. The Original Agreement is hereby amended to increase the total not to exceed amount from
$49,999 to $100,000.
3. Except as modified by this First Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This First Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2023 JONES AND MAYER
By: James R. Touchstone
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles McNeely
Its: City Manager
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5/31/23
05/31/2023
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EXHIBIT A
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EXHIBIT B
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Firm-General -- 3004707.1
STREAM KIM HICKS WRAGE & ALFARO, PC
HOURLY BILLING RATES [Effective January 1, 2021]
Attorneys 2021 Billing Rate
Theodore K. Stream $490
Eugene Kim $470
Robert J. Hicks $470
Jamie Wrage $445
Mario H. Alfaro $435
Jennifer A. Mizrahi $425
Alicen Wong $395
Amy J. Osborne $395
Todd R. Kinnear $395
Andrea Rodriguez $375
Nour A. Rizvi $375
Tuan-Anh Vu $350
Donna M. DiCarlantonio $275
Summer DeVore $270
Paraprofessionals
Cathy Brandt $210
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND JONES AND MAYER
This Agreement is made and entered into as of May 17, 2022 by and between the
City of San Bernardino, a charter city and municipal corporation organized and operating
under the laws of the State of California with its principal place of business at Vanir Tower,
290 North D Street, San Bernardino, CA 92401 (“City”), and Jones and Mayer, with its
principal place of business at 3777 North Harbor Blvd. Fullerton, CA 92835 (hereinafter
referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to
individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of
professional services for the following project:
Legal representation in all litigation matters for civil complaint Deshawn M. Wright
v. Imran Ahmed, et al. [5:22-cv-00132 CAS(JCx)] (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide
such services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Services. Consultant shall represent City’s employee, Sergeant Imran
Ahmed, in connection with civil complaint Deshawn M. Wright v. Imran Ahmed, et al.
[5:22-cv-00132 CAS(JCx)]. City is represented by separate counsel.
3. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel identified in their
proposal. Consultant warrants that Consultant is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant’s performance of this Agreement. Consultant further represents that no
City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services
provided in Section 2.
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b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of forty-nine thousand, nine-hundred
and ninety-nine dollars ($49,999). All attorney rates are set at two-hundred and fifty
dollars ($250) per hour and all paralegal rates are set at one-hundred and twenty-five
dollars ($125). This amount is to cover all related costs, and the City will not pay any
additional fees for printing expenses. Consultant may submit invoices to City for approval.
Said invoice shall be based on the total of all Consultant’s services which have been
completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five
(45) days from the date City receives said invoice. The invoice shall describe in detail the
services performed and the associated time for completion. Any additional services
approved and performed pursuant to this Agreement shall be designated as “Additional
Services” and shall identify the number of the authorized change order, where applicable,
on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the
City, and informal consultations with the other party indicate that a change is warranted,
it shall be processed in the following manner: a letter outlining the changes shall be
forwarded to the City by Consultant with a statement of estimated changes in fee or time
schedule. An amendment to this Agreement shall be prepared by the City and executed
by both Parties before performance of such services, or the City will not be required to
pay for the changes in the scope of work. Such amendment shall not render ineffective
or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement,
unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services unless the Agreement is previously terminated as
provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times for a period
of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the
City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
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a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such circumstances
include a Force Majeure Event. A Force Majeure Event shall mean an event that
materially affects the Consultant’s performance and is one or more of the following: (1)
Acts of God or other natural disasters occurring at the project site; (2) terrorism or other
acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals
by governmental authorities that are required for the services); and (4) pandemics,
epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall,
within a reasonable time of being prevented from performing, gi ve written notice to the
other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Consultant to any additional compensation regardless of the Party responsible for the
delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes
and regulations of the federal, state and local government, including Cal/OSHA
requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining
and maintaining all permits required of Consultant by federal, state and local regulatory
agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/
or removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance
with generally accepted professional practices and principles and in a manner consistent
with the level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions. Consultant’s performance shall conform in all material
respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at
all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
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13. City Business Certificate. Consultant shall, prior to execution of this
Agreement, obtain and maintain during the term of this Agreement a valid business
registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and
any and all other licenses, permits, qualifications, insurance, and approvals of whatever
nature that are legally required of Consultant to practice his/her profession, skill, or
business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the
written consent of the City, which may be withheld for any reason. Any attempt to so
assign or so transfer without such consent shall be void and without legal effect and shall
constitute grounds for termination. Subcontracts, if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement. Nothing contained herein shall
prevent Consultant from employing independent associates and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent
contractor and is not an employee of City. No employee or agent of Consultant shall
become an employee of City. The work to be performed shall be in accordance with the
work described in this Agreement, subject to such directions and amendments from City
as herein provided. Any personnel performing the work governed by this Agreement on
behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has
provided evidence satisfactory to the City it has secured all insurance required under this
section. In addition, Consultant shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’
policies of commercial general liability and automobile liability insurance using the
endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be
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at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; (3) products/completed operations liability; or (4) contain
any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(vi) The general liability program may utilize either deductibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury
and property damage including coverage for owned, non-owned and hired vehicles, in a
form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured s tatus.
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(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City
as an additional insured, but not a self -insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self -insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during
the term of this Agreement, at all times during the performance of the work under this
Agreement, the Consultant shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Consultant shall require all
subconsultants to obtain and maintain, for the period required by this A greement, workers’
compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the
City and in an amount indicated herein. This insurance shall be endorsed to include
contractual liability applicable to this Agreement and shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant. “Covered Professional Services” as designated in the policy must specifically
include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the
Consultant shall maintain privacy/network security insurance for: (1) privacy breaches,
(2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation
or spread of malicious software code, in a form and with insurance companies acceptable
to the City.
At all times during the performance of the work under this Agreement, the
Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and
property damage, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
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(i) The following insurance limits are required for the
Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. Any available coverage shall
be provided to the parties required to be named as Additional Insured pursuant to this
Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or qualifie d
representative of the insurer and shall certify the names of the insured, any additional
insureds, where appropriate, the type and amount of the insurance, the location and
operations to which the insurance applies, and the expiration date of such insurance.
j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior writte n notice of cancellation of any
such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
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renewal certificate(s) including the General Liability Additional Insured Endorsement to
the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Consultant’s policy is primary insurance
and that any insurance, self -insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made
policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives
its own right of recovery against City and shall require similar written express waivers
and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to
transact in the business of insurance in the State of California, or otherwise allowed
to place insurance through surplus line brokers under applicable pr ovisions of the
California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the City, is not intended to and shall not in any manner limit or qualify the liabilities
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and obligations otherwise assumed by the Consultant pursuant to this Agreement,
including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by
Consultant or City will withhold amounts sufficient to pay premium from Consultant
payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
m. Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the City as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by Consultant, City may approve different scopes or
minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of
the Consultant’s services, the Project, or this Agreement, including without limitation the
payment of all damages, expert witness fees, attorneys’ fees and other related costs and
expenses. This indemnification clause excludes Claims arising from the sole negligence
or willful misconduct of the City. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, the City Council, members
of the City Council, its employees, or authorized volunteers. Consultant’s indemnification
obligation shall survive the expiration or earlier termination of this Agreement .
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless
arises out of Consultant’s performance as a “design professional” (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code
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section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation
shall be limited to the extent which the Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant in the performance of
the services or this Agreement, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well
as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on certain “public works” and “maintenance” projects. If the Services are
being performed as part of an applicable “public works” or “maintenance” project, as
defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such
Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and
all subcontractors to comply with all California Labor Code provisions, which include but
are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration
of the Project and require the same of any subconsultants, as applicable. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility t o comply with all
applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of state and
federal law respecting the employment of undocumented aliens, including, but not limited
to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or federal court situated in the
County of San Bernardino, State of California.
21. Termination or Abandonment
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a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field
notes, drawings and specifications, written reports and other documents produced or
developed for that portion of the work completed a nd/or being abandoned. City shall pay
Consultant the reasonable value of services rendered for any portion of the work
completed prior to termination. If said termination occurs prior to completion of any task
for the Project for which a payment request has not been received, the charge for services
performed during such task shall be the reasonable value of such services, based on an
amount mutually agreed to by City and Consultant of the portion of such task completed
but not paid prior to said termination. City shall not be liable for any costs other than the
charges or portions thereof which are specified herein. Consultant shall not be entitled
to payment for unperformed services and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services
under this Agreement upon thirty (30) calendar days’ written notice to City only in the
event of substantial failure by City to perform in accordance with the terms of this
Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by
the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and
expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City
shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City’s representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant’s professional services occurs, Consultant
shall, at no cost to City, provide all other services necessary to rectify and correct the
matter to the sole satisfaction of the City and to participate in any meeting required with
regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee
of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and become
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the property of the City.
27. Organization. Consultant shall assign James R. Touchstone as Project
Manager. The Project Manager shall not be removed from the Project or reassigned
without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post
Office, certified mail, return receipt requested, postage prepaid, addressed to the
following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Jones and Mayer
3777 North Harbor Blvd.
Fullerton, CA 92835
Attn: James R. Touchstone
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or
other interests protected by the State or Federal Constitutions. Such non -discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement represents the entire understanding of
City and Consultant as to those matters contained herein and supersedes and cancels
any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person
which are not incorporated herein, and that any other agreements shall be void. This is
an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
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determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Consultant shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations without
the prior written consent of City. Any attempted assignment without such consent shall
be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall
in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
or to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ
other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no official, officer
or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated ma terial benefit arising
therefrom.
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41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are formally bound to the provisions of
this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant
to perform its obligations under this Agreement or comply with the Performance Indicators
may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a
warning in regard to non-performance. If a verbal warning is issued, it will be confirmed
with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued
to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within
5 to 10 days of receipt of the formal warning. Upon response from the Consultant,
Consultant shall be provided a reasonable time to make corrections to their performance.
This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s
current invoice amount or annual contract amount is deducted for non -performance after
previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been
corrected after all warnings and previous penalties have been exhausted, City may
terminate the contract pursuant to Section 21 of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND JONES AND MAYER
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
James R. Touchstone
Name
Partner
Title
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1
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP
This Agreement is made and entered into as of July 18th, 2022 by and between the City
of San Bernardino, a charter city and municipal corporation organized and operating
under the laws of the State of California with its principal place of business at Vanir
Tower, 290 North D Street, San Bernardino, CA 92401 (“City ”), and Carpenter,
Rothans & Dumont, a California Limited Liability Partnership with its principal place of
business at 500 South Grand Avenue, Nineteenth Floor, Los Angeles, California, 90071
(hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes
referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of
professional services for the following project; legal representation in all litigation
matters for an incident involving Robert Adams (hereinafter referred to as “the Project”.)
B. Consultant is duly licensed and has the necessary qualifications to provide
such services.
C. The Parties desire by this Agreement to establish the terms for City to
retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with legal representation in all
litigation matters for the Project.
3. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel identified in their
proposal. Consultant warrants that Consultant is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that
may affect Consultant’s performance of this Agreement. Consultant further represents
that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such
services provided in Section 2.
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b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of ten thousand dollars ($49,999). All
attorney rates are set at two-hundred and twenty dollars ($225) per hour. This amount is
to cover all related costs, and the City will not pay any additional fees for printing
expenses. Consultant may submit invoices to City for approval. Said invoice shall be
based on the total of all Consultant’s services which have been completed to City’s sole
satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date
City receives said invoice. The invoice shall describe in detail the services performed
and the associated time for completion. Any additional services approved and
performed pursuant to this Agreement shall be designated as “Additional Services” and
shall identify the number of the authorized change order, where applicable, on all
invoices.
5. Additional Work. If changes in the work seem merited by Consultant or
the City, and informal consultations with the other party indicate that a change is
warranted, it shall be processed in the following manner: a letter outlining the changes
shall be forwarded to the City by Consultant with a statement of estimated changes in
fee or time schedule. An amendment to this Agreement shall be prepared by the City
and executed by both Parties before performance of such services, or the City will not
be required to pay for the changes in the scop e of work. Such amendment shall not
render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and
continue through the completion of services unless the Agreement is previously
terminated as provided for herein (“Term
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City f or inspection and/or audit at mutually convenient times for a
period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt
and timely manner and shall commence performance upon receipt of written notice from
the City to proceed. Consultant shall complete the services required hereunder within
Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such
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circumstances include a Force Majeure Event. A Force Majeure Event shall mean an
event that materially affects the Consultant’s performance and is one or more of the
following: (1) Acts of God or other natural disasters occurring at the project site; (2)
terrorism or other acts of a public enemy; (3) orders of governmental authorities
(including, without limitation, unreasonable and unforeseeable delay in the issuance of
permits or approvals by governmental authorities that are required for the services); and
(4) pandemics, epidemics or quarantine restrictions. For purposes of this section,
“orders of governmental authorities,” includes ordinances, emergency proclamations
and orders, rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party
shall, within a reasonable time of being prevented from performing, give written notice to
the other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Consultant to any additional compensation regardless of the Party responsible for the
delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes
and regulations of the federal, state and local government, including Cal/OSHA
requirements.
b. If required, Consultant shall assist the City, as requested, in
obtaining and maintaining all permits required of Consultant by federal, sta te and local
regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/
or removal of hazardous and toxic substances spilled as a result of his or her services
or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance
with generally accepted professional practices and principles and in a manner
consistent with the level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall
at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this
Agreement, obtain and maintain during the term of this Agreement a valid business
registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and
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any and all other licenses, permits, qualifications, insurance, and approvals of whatever
nature that are legally required of Consultant to practice his/her profession, skill, or
business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the
written consent of the City, which may be withheld for any reason. Any attempt to so
assign or so transfer without such consent shall be void and without legal effect and
shall constitute grounds for termination. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates and
subconsultants as Consultant may deem appropriate to assist in the performance of
services hereunder.
15. Independent Consultant. Consultant is retained as an independent
contractor and is not an employee of City. No employee or agent of Consultant shall
become an employee of City. The work to be performed shall be in accordance with the
work described in this Agreement, subject to such directions and amendments from City
as herein provided. Any personnel performing the work governed by this Agreement on
behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance under this Agreement and as required
by law. Consultant shall be responsible for all reports and obligations respecting such
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has
provided evidence satisfactory to the City it has secured all insurance required under
this section. In addition, Consultant shall not allow any subcontractor to commence
work on any subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its
subconsultants’ policies of commercial general liability and automobile liability insurance
using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified
herein, Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall
be at least as broad as the following:
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Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or
suits by one insured against another; (3) products/completed operations liability; or (4)
contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed
officials, officers, employees, agents, and City-designated volunteers additional insured
status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or
endorsements providing the exact same coverage.
(vi) The general liability program may utilize either ded uctibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury
and property damage including coverage for owned, non-owned and hired vehicles, in a
form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
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(iv) Subject to written approval by the City, the automobile
liability program may utilize deductibles, provided that such deductibles shall not apply
to the City as an additional insured, but not a self -insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self -insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during
the term of this Agreement, at all times during the performance of the work under this
Agreement, the Consultant shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under th is Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of
the Labor Code of the State of California and any acts amendatory thereof, and
Employer’s Liability Coverage in amounts indicated herein. Consultant shall r equire all
subconsultants to obtain and maintain, for the period required by this Agreement,
workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the
City and in an amount indicated herein. This insurance shall be endorsed to include
contractual liability applicable to this Agreement and shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on
behalf of” the insured and must include a provision establishing the insurer's duty to
defend.
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
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Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in
this section are not intended as a limitation on coverage, limits, or other requirement, or
a waiver of any coverage normally provided by any insurance. Any available coverage
shall be provided to the parties required to be named as Additional Insured pursuant to
this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or
qualified representative of the insurer and shall certify the names of the insured, any
additional insureds, where appropriate, the type and amount of the insurance, the
location and operations to which the insurance applies, and the expiration date of such
insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days
prior written notice of cancellation of any policy required by this Agreement, except that
the Consultant shall provide at least ten (10) days prior writte n notice of cancellation of
any such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
renewal certificate(s) including the General Liability A dditional Insured Endorsement to
the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Consultant’s policy is primary
insurance and that any insurance, self-insurance or other coverage maintained by the
City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims -
made policy with a retroactive date subsequent to the effective date of this Agreement.
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(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives
its own right of recovery against City and shall require similar written express waivers
and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to
transact in the business of insurance in the State of California, or otherwise
allowed to place insurance through surplus line brokers under applicable
provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said
insurance by the City, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations otherwise assumed by the Consultant pursuant to this
Agreement, including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or
is canceled and not replaced, City has the right but not the duty to obtain the insurance
it deems necessary and any premium paid by City will be promptly reimbursed by
Consultant or City will withhold amounts sufficient to pay premium from Consultant
payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
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k. Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the City as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the
exact same coverage. If requested by Consultant, City may approve different scopes
or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions,
proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss,
damage or injury of any kind, in law or equity, to property or persons, including wrongful
death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to
any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant’s services, the Project , or this Agreement, including
without limitation the payment of all damages, expert witness fees, attorneys’ fees and
other related costs and expenses. This indemnification clause excludes Claims arising
from the sole negligence or willful misconduct of the City. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, the
City Council, members of the City Council, its employees, or authorized volunte ers.
Consultant’s indemnification obligation shall survive the expiration or earlier termination
of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that
term is defined under Civil Code section 2782.8), then, and only to the extent required
by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s
indemnification obligation shall be limited to the extent which the Claims arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant in the performance of the services or this Agreement, and, upon Consultant
obtaining a final adjudication by a court of competent jurisdiction, Consulta nt’s liability
for such claim, including the cost to defend, shall not exceed the Consultant’s
proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well
as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of
other requirements on certain “public works” and “maintenance” projects. If the
Services are being performed as part of an applicable “public works” or “maintenance”
project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with
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such Prevailing Wage Laws, if applicable. Consultant shal l defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure
to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant
and all subcontractors to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and
1775), employment of apprentices (Labor Code Section 1777.5), certified payroll
records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections
1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section
1777.
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the
duration of the Project and require the same of any subconsultants, as applicable. This
Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant’s so le responsibility to comply
with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of s tate
and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from
time to time, and shall require all subconsultants and sub -subconsultants to comply with
the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any
term of this Agreement, the action shall be brought in a state or federa l court situated in
the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving ten (10) calendar days ’ written notice to
Consultant. In such event, City shall be immediately given title and possession to all
original field notes, drawings and specifications, written reports and other documents
produced or developed for that portion of the work completed a nd/or being abandoned.
City shall pay Consultant the reasonable value of services rendered for any portion of
the work completed prior to termination. If said termination occurs prior to completion of
any task for the Project for which a payment request has not been received, the charge
for services performed during such task shall be the reasonable value of such services,
based on an amount mutually agreed to by City and Consultant of the portion of such
task completed but not paid prior to said terminat ion. City shall not be liable for any
costs other than the charges or portions thereof which are specified herein. Consultant
shall not be entitled to payment for unperformed services and shall not be entitled to
damages or compensation for termination of work.
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b. Consultant may terminate its obligation to provide further services
under this Agreement upon thirty (30) calendar days’ written notice to City only in the
event of substantial failure by City to perform in accordance with the terms of this
Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred
by the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary,
and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the
City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City’s representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that
an error or omission attributable to Consu ltant’s professional services occurs,
Consultant shall, at no cost to City, provide all other services necessary to rectify and
correct the matter to the sole satisfaction of the City and to participate in any meeting
required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current
employee of City to perform the work under this Agreement while this Agreement is in
effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and
become the property of the City.
27. Organization. Consultant shall assign Steven J. Rothans, as Project
Manager. The Project Manager shall not be removed from the Project or reassigned
without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only
the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post
Office, certified mail, return receipt requested, postage prepaid, addressed to the
following addresses and shall be effective upon receipt thereof:
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CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Carpenter, Rothans & Dumont, LLP.
500 South Grand Avenue
Nineteenth Floor
Los Angeles, California, 90071
Attn: Steven J. Rothans
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry, sex,
age or other interests protected by the State or Federal Constitutions. Such non -
discrimination shall include, but not be limited to, all activities related to ini tial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination.
32. Entire Agreement. This Agreement represents the entire understanding of
City and Consultant as to those matters contained herein and supersedes and cancels
any prior or contemporaneous oral or written understanding, promises or
representations with respect to those matters covered hereunder. Each Party
acknowledges that no representations, inducements, promises, or agreements have
been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
determination shall not affect the validity or enforceability of the remaining terms and
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Consultant shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations
without the prior written consent of City. Any attempted assignment without such
consent shall be invalid and void.
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35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreement s
shall in no way be deemed a waiver of those rights to require such performance or
compliance. No waiver of any provision of this Agreement shall be effective unless in
writing and signed by a duly authorized representative of the Party against whom
enforcement of a waiver is sought. The waiver of any right or remedy with respect to
any occurrence or event shall not be deemed a waiver of any right or remedy with
respect to any other occurrence or event, nor shall any waiver constitute a continuing
waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
or to be a full or accurate description of the content thereof and shall not in any way
affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ
other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any co mpany or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are fo rmally bound to the provisions of
this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
ATTESTED BY:
Genoveva Rocha
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
Name
Title
DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16
STEVEN J ROTHANS
Partner
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EXHIBIT A
FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Fourth Amendment (“Fourth Amendment”) to the Professional Services Agreement
dated December 6, 2023 is made and entered into by and between the City of San Bernardino
(“City”) and Atkinson, Andelson, Loya, Ruud and Romo (“Consultant”) as of the last date set forth
below.
1. This Amendment is made with respect to the following facts and purposes:
a. On April 30, 2020, the City entered into an agreement with Atkinson, Andelson,
Loya, Ruud and Romo in the amount of $50,000 pursuant to 3.04.085(A) of the
Municipal Code to represent the City in Andrea Miller (II) v. City of San
Bernardino. 4th District Court of Appeals Case No. E080807 (“Original
Agreement”).
b. On July 2, 2021 the City entered into the first amendment to the agreement for a
total not to exceed $100,000 (“First Amendment”).
c. On April 6, 2022, the City entered into the second amendment to the agreement
for a total not to exceed 200,000 (“Second Amendment”).
d. On January 18, 2023, the City entered into the third amendment to the agreement
for a total not to exceed 300,000 (“Third Amendment”).
2. The Original Agreement is hereby amended to increase the total not to exceed
amount from $50,000 to $325,000.
3. Except as modified by this Fourth Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This Forth Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2023 Atkinson, Andelson, Loya, Ruud and Romo
By: Irma R. Moisa
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
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EXHIBIT A
By: Charles A. Montoya
Its: City Manager
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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH CARPENTER, ROTHANS AND DUMONT, LLP
This Second Amendment (“Second Amendment”) to the Professional Services Agreement
dated January 17, 2024 is made and entered into by and between the City of San Bernardino
(“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth
below.
1. This Amendment is made with respect to the following facts and purposes:
a. On December 9, 2021, the City and Consultant entered into a Services Agreement
for the provision of legal services pertaining to D. Wright v. City of San Bernardino,
et al., United States District Court, Case No. 5:21-0032-CAS (JCx) (“Original
Agreement”).
b. On May 31, 2023, the City entered into the first amendment to the agreement for a total
not to exceed $100,000. (“First Amendment”)
c. The City and Consultant now desire to increase the amount of the Original Agreement.
d. The Original Agreement is hereby amended to increase the total not to exceed the amount
from $100,000 to $175,000.
e. Except as modified by this Second Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
f. This Second Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2024 CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2024 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH JONES AND MAYER
This Second Amendment (“Second Amendment”) to the Professional Services Agreement
dated January 17, 2024 is made and entered into by and between the City of San Bernardino
(“City”) and Jones and Mayer (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On May 17, 2022, the City and Consultant entered into a Services Agreement for the
provision of legal services pertaining to representation of Imran Ahmed in Deshawn
Wright v. City of San Bernardino, et al., United States District Co. Case No. 5:21-
0032-CAS (JCx) (“Original Agreement”).
b. On May 31, 2023, the City entered into the first amendment to the agreement for a total
not to exceed $100,000. (“First Amendment”).
c. The City and Consultant now desire to increase the amount of the Original Agreement.
d. The Original Agreement is hereby amended to increase the total not to exceed the amount
from $100,000 to $175,000.
e. Except as modified by this Second Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
f. This Second Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2024 JONES AND MAYER
By: James R. Touchstone
Its: Partner
Dated: _____, 2024 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH CARPENTER, ROTHANS AND DUMONT, LLP
This Second Amendment (“Second Amendment”) to the Professional Services Agreement
dated December 6, 2023 is made and entered into by and between the City of San Bernardino
(“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth
below.
1. This Amendment is made with respect to the following facts and purposes:
a. On July 18, 2022, the City and Consultant entered into a Services Agreement for
the provision of legal services pertaining to Estate of R. Adams v. City of San
Bernardino, et al., United States District Court, Case No. 5:22-02206-JGB-SP
(“Original Agreement”).
b. On May 31, 2023 the city entered into the first amendment to the agreement for a
total not to exceed $100,000. (“First Admendment”)
c. The City and Consultant now desire to increase the amount of the Original
Agreement.
2. The Original Agreement is hereby amended to increase the total not to exceed the amount
from $100,000 to $250,000.
3. Except as modified by this First Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This First Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2023 CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
Packet Page. 638
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated
December 6, 2023, is entered into by and between the City of San Bernardino, and Atkinson,
Andelson, Loya, Ruud & Romo, a Professional Corporation (“Consultant”) as of the last date set
forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On July 14th 2022, the City entered into an agreement with Atkinson, Andelson,
Loya, Ruud & Romo in the amount of $50,000 pursuant to 3.04.085(A) of the
Municipal Code to represent the City Brian Pellis, et al. v. City of San Bernardino,
et al, Case No. CIVSB 2226731 (“Original Agreement”)
b. On November 1, 2023, the City entered into the second amendment to the
agreement for a total not to exceed $100,000.00 (“First Amendment”)
2. The Original Agreement is hereby amended to increase the total not to exceed amount
from $50,000 to $250,000.
3. Except as modified by this Second Amendment, all provisions of the Original Agreement
shall remain in full force and effect for the term thereof.
4. This Second Amendment may be executed in counterparts, each of which shall be deemed
an original, but which together shall constitute one and the same instrument.
Dated: _____, 2023 Atkinson, Andelson, Loya, Ruud & Romo
By: Irma Rodriguez Moisa,
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
Packet Page. 639
CITY FIRM
_____________________________ __________________________
Charles A. Montoya, City Manager Irma Rodriguez Moisa, Partner
Packet Page. 640
THIRD AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND STREAM, KIM, HICKS, WRAGE, & ALFARO APC
This Third Amendment (“Third Amendment”) to the Professional Services Agreement dated
December 6, 2023, is entered into by and between the City of San Bernardino, and Stream, Kim,
Hicks, Wrage, & Alfaro APC, (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On March 17, 2021, the City entered into an agreement with Stream, Kim, Hicks,
Wrage & Alfaro in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal
Code to represent the City in Andrea Miller (II) v. City of San Bernardino. 4th
District Court of Appeals Case No. E080807. (“Original Agreement”) b. On January 18, 2023, the City entered into the second amendment to the agreement for a total not to exceed 250,000. (“First Amendment”)
2. The Original Agreement is hereby amended to increase the total not to exceed amount from
$50,000 to $325,000
3. Except as modified by this Third Amendment, all provisions of the Original Agreement shall
remain in full force and effect for the term thereof.
4. This Third Amendment may be executed in counterparts, each of which shall be deemed an
original, but which together shall constitute one and the same instrument.
Dated: _____, 2023 STREAM, KIM, HICKS, WRAGE, & ALFARO APC
By: Robert J. Hicks,
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
Packet Page. 641
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:
To:
From:
Department:
Subject:
January 17, 2024
Honorable Mayor and City Council Members
Charles A. Montoya, City Manager
Rolland Kornblau, Director of Information Technology
Information Technology
Approve Professional Service Agreements with
CivicPlus. LLC. (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California:
1.Authorize the City Manager to execute the Professional Service Agreement with
CivicPlus. LLC. for CivicEngage Central hosting, migration, training, and
implementation services for a total amount not to exceed $193,000 over a term
beginning after approval of the contract renewable for a 60-month term.
2. Authorize the Director of Finance to issue a purchase order in the amount of $93,000
to CivicPlus for the development, migration, and hosting of a new City website.
Executive Summary
A purchase order for $93,000 is requested for CivicPlus. The current website vendor
does not meet compliance requirements without third-party facilitation. CivicPlus is the
provider for many local municipalities and offers a user-friendly interface. CivicPlus is
the sole source vendor of the specific content management product indicated by the
Sole Source letters attached. The contract has been reserved within the Technology
upgrade allocation with a $193,000 fiscal impact on the General Fund.
Background
The City website is the best online interface for the City. Having a compliant, user-
friendly website is key for good, clear, and fast communication. It was discussed at
the Council meeting in December 2023 that a better website is needed to share
information. CivicPlus is used by many cities within San Bernardino, Los Angeles, and
Orange Counites due to its unique content management solution tailored to
municipalities.
Discussion
To ensure a compliant and user-friendly website experience, staff are requesting a total
of $193,000 for a new website from CivicPlus called CivicEngage along with
development, migration, and hosting services.
The Information Technology department is using Sole Source letters as well as
references from other municipalities to engage with CivicPlus.
2021-2025 Strategic Targets and Goals
This project is aligned with Key Target 1e: Minimize risk and litigation exposure.
Approval of this agreement will reduce the risk of potential liability associated with not
having a compliant website.
Fiscal Impact
The General Fund impact is $193,000 over the 60-month term, with 93,000 for the
2023/2024 budget that has been allocated for Technology improvements.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Authorize the City Manager to execute the Professional Service Agreement with
CivicPlus. LLC. for CivicEngage Central hosting, migration, training, and
implementation services for a total amount not to exceed $193,000 over a term
beginning after approval of the contract renewable for a 60-month term.
2. Authorize the Director of Finance to issue a purchase order in the amount of $93,000
to CivicPlus for the development, migration, and hosting of a new City website.
Attachments
Attachment 1 CivicPlus Quote
Attachment 2 Website Central Premium Package SOW
Attachment 3 CivicEngage Sole Source Letter
Attachment 4 Department Header Packages Sole Source Letter
Ward:
All Wards
Synopsis of Previous Council Actions:
n/a
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #:Q-60151-1
Date:12/18/2023 12:37 PM
Expires On:12/31/2023
Client:
SAN BERNARDINO, CALIFORNIA
Bill To:
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Craig Frederick frederick@civicplus.com Net 30
QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE
1.00 Annual - CivicEngage Central Annual - CivicEngage Central Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Hosting & Security Annual Fee -
CivicEngage Central
Hosting & Security Annual Fee - CivicEngage Central Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 SSL Management – CP Provided
Only
SSL Management – CP Provided Only 1 per domain
(Annually Renews)
Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 DNS and Domain Hosting Setup
(http://URL)
DNS and Domain Hosting Setup (http://URL)One-time
1.00 DNS and Domain Hosting Annual
Fee (http://URL)
DNS and Domain Hosting Annual Fee (http://URL)Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Implementation -
CivicEngage
Premium Implementation One-time
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
2,700.00Content Development - 1 Page -
CivicEngage
Content Development - 1 Page - CivicEngage One-time
V. PD 06.01.2015-0048
Page 1 of 4
Packet Page. 642
QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE
6.00 New Customer System Training
(3h, virtual) - Web Central
CivicEngage System Training - Virtual, Up to 3 Hours, up
to 12 Attendees
One-time
1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links,
Colors; follows main site layout.
1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Internal Police'Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time
1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links,
Colors; follows main site layout.
1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Intranet'Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time
1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links,
Colors; follows main site layout.
1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Library'Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time
1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links,
Colors; follows main site layout.
1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'IEMG-Media''Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time
1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links,
Colors; follows main site layout.
1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Department
Name'
Renewable
V. PD 06.01.2015-0048
Page 2 of 4
Packet Page. 643
QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time
6.00 Current Customer Virtual
Consulting (3h, virtual) - Web
Central
Consulting - Virtual, Up to 3 Hour One-time
1.00 CivicEngage Custom IdP
Integration Package
Custom IdP Integration Package Renewable
1.00 CivicEngage Custom IdP
Integration Annual Fee
Custom IdP Integration Annual Fee Renewable
1.00 CivicEngage Custom IdP
Integration Implementation Fee
Custom IdP Integration Implementation Fee One-time
1.00 Custom Annual Fee -
CivicEngage Central
Annual Fee - CivicEngage Central Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
List Price - Year 1 Total USD 210,264.00
Total Investment - Initial Term USD 93,000.03
Annual Recurring Services - Year 2 USD 23,000.00
Initial Term & Renewal Date 12 Months
Initial Term Invoice Schedule 100% Invoiced upon Signature Date
Renewal Procedure Automatic 1 year renewal term, unless 60
days notice provided prior to renewal date
Renewal Invoice Schedule Annually on date of signing
Annual Uplift 5% starting in Year 3
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement
and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legal-
stuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the
Binding Terms throughout the term of this SOW.
V. PD 06.01.2015-0048
Page 3 of 4
Packet Page. 644
Acceptance
The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have
caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:
For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/
Authorized Client Signature
CivicPlus
By:
___________________________________
By:
___________________________________
Name:
___________________________________
Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required)
___________________________________
V. PD 06.01.2015-0048
Page 4 of 4
Amy Vikander
Senior VP of Customer Service
12/22/2023
Packet Page. 645
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #:Q-60151-1
Date:12/18/2023 12:37 PM
Expires On:12/31/2023
Client:
SAN BERNARDINO, CALIFORNIA
Bill To:
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Craig Frederick frederick@civicplus.com Net 30
QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE
1.00 Annual - CivicEngage Central Annual - CivicEngage Central Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Hosting & Security Annual Fee -
CivicEngage Central
Hosting & Security Annual Fee - CivicEngage Central Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 SSL Management – CP Provided
Only
SSL Management – CP Provided Only 1 per domain
(Annually Renews)
Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 DNS and Domain Hosting Setup
(http://URL)
DNS and Domain Hosting Setup (http://URL)One-time
1.00 DNS and Domain Hosting Annual
Fee (http://URL)
DNS and Domain Hosting Annual Fee (http://URL)Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Implementation -
CivicEngage
Premium Implementation One-time
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
2,700.00Content Development - 1 Page -
CivicEngage
Content Development - 1 Page - CivicEngage One-time
V. PD 06.01.2015-0048
Page 1 of 4
Packet Page. 646
QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE
6.00 New Customer System Training
(3h, virtual) - Web Central
CivicEngage System Training - Virtual, Up to 3 Hours, up
to 12 Attendees
One-time
1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links,
Colors; follows main site layout.
1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Internal Police'Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time
1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links,
Colors; follows main site layout.
1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Intranet'Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time
1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links,
Colors; follows main site layout.
1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Library'Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time
1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links,
Colors; follows main site layout.
1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'IEMG-Media''Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time
1.00 Premium Department Header
Package - CivicEngage
Page specific Site ID, Navigation, Banner, Graphic Links,
Colors; follows main site layout.
1.00 Premium Department Header
Annual Fee - CivicEngage
Premium Department Header Annual Fee: 'Department
Name'
Renewable
V. PD 06.01.2015-0048
Page 2 of 4
Packet Page. 647
QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1.00 Premium Department Header
Implementation - CivicEngage
Premium Department Header Implementation One-time
6.00 Current Customer Virtual
Consulting (3h, virtual) - Web
Central
Consulting - Virtual, Up to 3 Hour One-time
1.00 CivicEngage Custom IdP
Integration Package
Custom IdP Integration Package Renewable
1.00 CivicEngage Custom IdP
Integration Annual Fee
Custom IdP Integration Annual Fee Renewable
1.00 CivicEngage Custom IdP
Integration Implementation Fee
Custom IdP Integration Implementation Fee One-time
1.00 Custom Annual Fee -
CivicEngage Central
Annual Fee - CivicEngage Central Renewable
1.00 CivicEngage Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
List Price - Year 1 Total USD 210,264.00
Total Investment - Initial Term USD 93,000.03
Annual Recurring Services - Year 2 USD 23,000.00
Initial Term & Renewal Date 12 Months
Initial Term Invoice Schedule 100% Invoiced upon Signature Date
Renewal Procedure Automatic 1 year renewal term, unless 60
days notice provided prior to renewal date
Renewal Invoice Schedule Annually on date of signing
Annual Uplift 5% starting in Year 3
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement
and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legal-
stuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the
Binding Terms throughout the term of this SOW.
V. PD 06.01.2015-0048
Page 3 of 4
Packet Page. 648
Acceptance
The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have
caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:
For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/
Authorized Client Signature
CivicPlus
By:
___________________________________
By:
___________________________________
Name:
___________________________________
Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required)
___________________________________
V. PD 06.01.2015-0048
Page 4 of 4
Amy Vikander
Senior VP of Customer Service
12/22/2023
Packet Page. 649
PS08212023
Premium
Implementation
Proposal valid for 60 days from date of receipt
Packet Page. 650
civicplus.com 1
CivicPlus Company Overview
CivicPlus History
CivicPlus began in 1998 when our founder, Ward Morgan, decided to focus
on helping local governments work better and engage their residents
through their web environment. Over the years, CivicPlus has continued
to implement new technologies and merge with industry forerunners
to maintain the highest standards of excellence and efficiency for our
customers.
Our portfolio includes solutions for website design and hosting, parks and recreation management, emergency and
mass communications, agenda and meeting management, 311 and CRM, process automation and digital services,
codification, licensing and permits, web governance and ADA remediation, social media archiving, and FOIA
management.
Our commitment to deliver the right solutions in design and development, end-user satisfaction, and secure hosting
has been instrumental in making us a leader in government web technology. We are proud to have earned the trust
of our over 12,500 customers and their 100,000+ administrative users. In addition, over 340 million residents engage
with our solutions daily.
EXPERIENCE
25+ Years
12,500+ Customers
900+ Employees
RECOGNITION
Inc. 5000 11-time Honoree
GovTech 2023 Top 100 Company
Stevie® Awards Recognized with multiple, global awards for
sales and customer service excellence
Primary Office
302 S. 4th Street Suite 500
Manhattan, KS 66502
Toll Free: 888.228.2233 | Fax: 785.587.8951
civicplus.com
Packet Page. 651
civicplus.com 2
Powering & Empowering Government
We empower municipal leaders to transform interactions between residents and government into consistently positive
experiences that elevate resident satisfaction, increase revenue, and streamline operations.
Government leaders tell us that one of their most pressing needs is to improve how residents access and experience
municipal services; however, they struggle with budget cutbacks and technology constraints. CivicPlus enables
civic leaders to solve these problems, making consistently positive interactions between residents and government
possible.
What sets us apart is our Civic Experience Platform. CivicPlus is the only government technology company exclusively
committed to powering and empowering governments to efficiently operate, serve, and govern using our innovative
and integrated technology solutions built and supported by former municipal leaders and award-winning support
teams. With it, municipalities increase revenue and operate more efficiently while fostering trust among residents.
Packet Page. 652
civicplus.com 3
CMS Features &
Functionality
CivicPlus’ Municipal Websites Central (Web Central) content
management system (CMS) is robust and flexible with all the
features and functionality you need today and in the future.
Developed for municipalities that need to update their website
frequently, CivicPlus provides a powerful government content management structure and website menu management
system. The easy-to-use system allows non-technical employees to efficiently update any portion of your website.
Each website begins with a unique design developed to meet your specific communication and marketing goals, while
showcasing the individuality of your community. Features and capabilities are added and customized as necessary,
and all content is organized in accordance with web usability standards.
Modules & Widgets
RESIDENT ENGAGEMENT
Web Central offers many effective and easy-to-use resident engagement
features. These tools easily integrate with the other key features.
Notices and Alerts – Post emergency or important information on your
website and notify residents through email and SMS, via Alert Center.
Blog – Post opinions/information about various community topics and allow
resident comments and subscriptions.
Calendar – Create multiple calendars and events to inform residents of
upcoming activities that are viewable by list, week, or month.
Submit Requests and Report Issues – Allow residents to report a problem and
provide follow-up communication with the point of contact (includes five user
licenses & 10 request types) via Citizen Request Tracker (CRT).
Form Center – Create custom, online forms via simple drag-and-drop functionality. Track form submissions within the
CMS and route email notifications to the appropriate individual(s).
Get Community Input – Post initiatives and project ideas to receive feedback and interact with your residents via
Community Voice.
News – Post news items and keep your residents up to date on important information via News Flash.
Opinion Poll – Poll your residents on important topics by showing the Opinion Poll widget on relevant pages, to grab
resident attention and quickly capture their responses to your polls. Polling helps with gathering and evaluating
resident feedback, increasing resident engagement, and understanding your community.
Packet Page. 653
civicplus.com 4
Notifications – Allow your residents to subscribe to receive text and email notifications on topics that are important to
them via Notify Me® (includes up to 500 SMS users).
Pop-up Modal – Use a pop-up modal to call attention to important information and notices, sitewide or on specific pages.
ASSET MANAGEMENT
Web Central comes fully equipped with a robust set of document and image management tools that work with other
key features of our CMS, making it easy to build dynamic content that is easy for residents to navigate and access.
Agenda Center – Create and display meetings and agendas on the website utilizing our built-in Agenda Center
module. For advanced functionality, including live meeting management, our integrated Agenda and Meeting
Management product is available as an add-on.
Archive Center – Manage and retain serial and older documents.
Document Center – Organize and manage documents in one central repository.
Image Repository – Store all your images in one central location, to utilize individually or create slideshows on your
site. Use the built-in editor to crop and resize photos, as needed. Images are optimized for performance, mobile
responsiveness, and contain alt text for accessibility compliance.
INFORMATION & NAVIGATION
Organize your content and pages to make it easy to locate the
information you and your residents need most with modules that help
you update information quickly.
Easy for Residents to Navigate – An intuitive design, mega menu
options, prominent buttons, and dynamic breadcrumbs throughout
your site, all allow residents to easily find what they’re looking for.
Frequently Asked Questions (FAQs) – Provide answers to the most
frequently asked questions to reduce phone and foot traffic for staff.
Graphic Links – Create visually appealing buttons to direct users to
important information.
Info Advanced – Use Info Advanced to create engaging displays of
information for reuse throughout the website.
Quick Links – Provide links to highly requested services and information. These are commonly displayed in website
footers and right-hand navigation.
Resource Directory – Use the Resource Directory to showcase information on local businesses and/or community
resources.
Staff Directory – Provide contact information for departments and individual staff members. Use the information
throughout the site and keep updated in one location. The Staff Directory widget allows you to quickly place specific
persons or departments on relevant pages.
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civicplus.com 5
DEPARTMENT-SPECIFIC
There are several function-specific features and modules for government departments. These tools are integrated into
the Web Central CMS and offer the ability to complete multiple steps in one action.
Activities – Create and post activities, events, and classes so residents can register for them and even pay online.
Your administrators can view and create rosters. The Activities module integrates with the Facilities module so
residents can view the location of the activity.
Facilities & Reservations – Display facilities on your site for
residents to browse. Allow them to filter by amenities, view
facility details, and even make reservations online.
Job Postings – Post available jobs online and accept online
applications.
Bids – Post open bid opportunities for contractors to view
available work, download supporting documentation,
receive notifications on posted opportunities and submit bid
applications online.
COMMONLY USED WIDGETS
An extensive widget library is available for ease of placing dynamic and visually appealing information on specific
pages. Each widget is easy to use with drag-and-drop functionality and is configurable with individual styling options.
Community Voice Widget – Encourage civic participation and engagement by adding specific discussion areas to
relevant pages.
Custom HTML Widget – Embed videos or other HTML features in your page.
Editor Widget – Edit text with word processing tools, plus web tools like code
view and the Accessibility Checker.
Form Center Widget – Embed simple forms on a page.
Image Widget – Add images to a page.
Notify Me Widget – Place specific Notify Me subscriptions lists on pages to allow
users to sign up for the exact lists you recommend.
Related Documents Widget – Create a dynamic list of documents referenced in
the Document Center.
Slideshow Widget – Add a slideshow of images.
Tabbed Widget – Organize larger pages of information in horizontal, vertical, or
stacked vertical or accordion style tabs.
Packet Page. 655
civicplus.com 6
Administrative Features
The administration of your Web Central website is browser
based, with no installation of software needed. You’ll be able
to update your website from an internet connection on any
platform (Mac or PC). Administrators can control the access to
pages and manipulation of content as well as use automated
features to streamline processes.
Administrative Dashboard – A home base for messages and quick access to your recent activities and time-sensitive
action items such as pending approvals and expiring items.
Content Scheduling & Versioning – Set your content to auto-publish and auto-expire, with an archive of all published
content and previous versions.
Dynamic Page Components – Modules such as Calendar, FAQs, and News Flash, may be included as dynamic page
components on any page.
History Log – Track changes made to your website.
Intranet – Use permissions to set a secure location on your website that allows employees to login and access non-
public resources and information.
Levels of Permissions – Assign staff members to groups with different levels of permissions of access and authority
throughout the CMS.
Pending Approval Items – Administrators have access to a queue of pending items to be published or reviewed.
Website Statistics – Provided website analytics for analysis.
USER-FRIENDLY FEATURES
Not only is Web Central easy for your staff to use, various administrative features help make a more attractive,
engaging, and intuitive website for your community.
Automatic Alt Tags – Built-in features assist with ongoing ADA compliance of your website.
Credit Card Processing – With the add-on feature CivicPlus Pay (Pay), you can integrate with an approved payment
gateway to accept payments on your website (separate agreement must be made directly between you and the
chosen approved gateway provider). Additional fees apply.
Preset Styling Standards and Ongoing Styling Flexibility – Site changes automatically inherit design standards and
styles that you’ve set up for your homepage, interior layouts, and simple layouts. This keeps your website looking
clean and always matching. We also offer large amounts of flexibility with placement and styles on an ongoing basis.
As you edit your website, you can easily adjust the location and style of widgets, content, carousels, lists, calendars,
etc. to meet the look and feel you need for that area.
Link Redirects – Instead of sending your users to http://civicplus.com/248/Awards-and-Recognition, you can send
them to http://civicplus.com/awards.
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Live Edit – See where your information will be posted on a page before you make any changes with our WYSIWYG
editor and drag-and-drop tools.
Maps – Easily embed maps from Google, ESRI, and more using the HTML widget.
Mega Menu – A main navigation menu makes it easy to get to any page on your website quickly.
Predictive Site Search – Our powerful site search functionality automatically indexes all content making it easy for
visitors to find information across pages, documents, and images.
Site Search Log – All search words are kept in a log.
Real Simple Syndication (RSS) Feeds – Administrators and website visitors can use RSS feeds to display content or
be notified of content updates.
Responsive Design – With responsive design, your website adjusts to the screen size regardless of what device is
being used, providing a seamless user experience.
Social Media – Set various modules to automatically post to your Facebook and/or Twitter feeds and incorporate
compatible social media feeds and widgets into your website.
Supported Browsers – View your website in the latest versions of major browsers including Microsoft Edge, Firefox,
Safari, and Chrome.
Third-Party Access – Utilize iframes, embeds, and/or links to most of your third-party services. Or use our growing list
of APIs to build applications right from your website.
Translation – Integration with Google Translate translates web pages into over 100 languages.
ACCESSIBILITY COMPLIANCE
With over 20% of adults in the United States having a disability, you need a website that conforms to all residents.
We provide highly compliant sites based on WCAG 2.0 A and AA guidelines, which encompass and surpass ADA
accessibility requirements. This maximizes accessibility for all users while providing freedom to create a visually rich
and appealing website. Our approach for each website includes the following steps to provide you a compliant and
accessible website:
• We will deliver you a website that meets ADA (Section 508) and WCAG 2.0 A and AA levels.
• Your staff can use the Accessibility Checker within the CMS to scan content created in the editor for any
accessibility issues so you can correct them before publishing.
• Our trainers will teach your staff best practices to keep your content and design elements accessible and up-
to-date with the latest ADA/WCAG standards.
• Any new regulations that require code changes are done automatically, at least quarterly, with no additional
effort required from you.
• In addition to updating the code, our product team also updates our best practices and provides regular
updates to customers via our CivicPlus website, blog articles, webinars, and other publications.
AudioEye Partnership
CivicPlus also partners with AudioEye to provide a suite of accessibility tools and services at a discounted rate to our
customers. Additional details and a quote can be provided upon request.
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MONSIDO POWERED BY CIVICPLUS
Additional Website Optimization & Compliance Tools – Monsido is an easy-to-use web governance platform
available to purchase and add to your project. Monsido’s tools help you identify, prioritize and address content quality
assurance and accessibility issues on your website so that you can achieve and maintain compliance according
to WCAG 2.1 standards. Further, we can help you meet the latest data privacy and government policy standards.
Additional details and a quote can be provided upon request.
The Civic Experience Platform
Developed specifically to enable municipalities to deliver consistently positive interactions across every department
and every service, the Civic Experience Platform includes technology innovations that deliver frictionless, one-stop,
and personalized resident interactions. Governments that leverage our Civic Experience Platform also benefit from:
• Single Sign-On (SSO) to all of your CivicPlus products supporting two-factor authentication and PCI Level
password compatibility
• A single dashboard and toolbar for administrative access to your CivicPlus software stack
• Access to a continually growing and fully documented set of APIs to better connect your administration’s
processes and applications
• A centralized data store with robust data automation and integration capabilities
CIVICPLUS PORTAL
The CivicPlus Portal is the ideal addition to your website to create personalized, one-stop access for your residents
to obtain information, resources, and interact with your municipality. By allowing residents to build a customizable
dashboard with quick links to the pages and services on your website that they use most frequently, they’ll be more
likely to conduct regular revenue-generating business with your municipality, and your staff will benefit from reduced
phone calls, walk-ins, and emails.
INTEGRATION HUB
Integration Hub is a tool that can help you unify your disparate cloud-based solutions and your CivicPlus solutions,
assemble powerful workflows, and setup complex automations—without the need for a developer. With Integration
Hub’s easy-to-use drag-and-drop interface, non-technical users can build integrations for syncing content and
data between CivicPlus solutions or with third parties (for an additional fee) saving your staff’s valuable time. The
possibilities are endless with Integration Hub, but here are a few examples of integrations you can create with Web
Central today:
• An integration that will take a News Flash update in a specific category and immediately post it to the Alert Center
• An integration that will push a new Calendar Event to post directly in the News Flash module
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Implementation
Premium Project Timeline
Design creation, content development, professional consulting, configuration for usability and accessibility, dedicated
training—CivicPlus delivers all of this and more during the development of your new website.
A typical premium project ranges from 16 – 28 weeks. Your exact project timeline will be created based on detailed
project scope, project enhancements purchased, availability for meeting coordination, action item return and
completion, approval dates, and other factors. Your project timeline, tasks, due dates, and communication will be
managed and available in real-time via our project management software, Cloud Coach.
PHASE 1: INITIATE 2-4 Weeks • Project Kickoff Meeting
• Planning & Scheduling
PHASE 2: ANALYZE 4-6 Weeks
• Customer Deliverable Submission
• Consulting Engagement (if purchased)
• Design Discovery Meeting
• Content Process Meeting
PHASE 3: DESIGN &
CONFIGURE 6-10 Weeks
• Design Concept Development
• Design Concept Meeting
• Content Development
• Agendas & Minutes Migration
• Website Completion
PHASE 4: OPTIMIZE 1-2 Weeks • Website Finalization
PHASE 5: EDUCATE 1-2 Weeks • Training Engagement
PHASE 6: LAUNCH 2-4 Weeks • Launch Confirmation Meeting
• Website Launch
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Premium Package Designs
You will meet with your art director to discuss your website vision based on the goals and needs of your users. This
process involves conversing with your art director on the order, placement, and format of your homepage content and
design elements, aimed at achieving your usability goals. Your preferences will be solidified into a homepage layout
wireframe, which will provide the structural blueprint for the visual design application.
We will then collaborate with you to customize your design to represent your community using your logo, chosen
colors, and imagery. We will focus on including the functionality to meet your website needs, including an option for up
to one advanced design, if desired, component—a layout or design element that requires significant time to style and
implement. Working with your art director, you’ll identify the appropriate component, if desired, to achieve or enhance
the usability goals for your website.
DESIGN EXAMPLES
The included design portfolio will provide you with an idea of the different directions we can take your creative design
with the premium implementation package.
Princeton, TX
princetontx.gov
Dublin, CA
dublin.ca.gov
Fountain Hills, AZ
fountainhillsaz.gov
Clearwater, KS
clearwaterks.org
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Approaching Your Project Implementation
Communication between you and your Web Central team
will be continuous throughout your project. Sharing input
and feedback through email, virtual meetings, phone
calls, and our project management software will keep all
stakeholders involved and informed. Cloud Coach offers
task management transparency with a multi-level work
breakdown structure and Gantt Chart-based project plan.
• Centralized project communication and task
management tools are located in a cloud-based
project workspace
• Tasks, deliverables, and milestones are aligned to
your specific scope of work
The tools available through Cloud Coach combined with regular communication with your project manager provide you
ample opportunities to quickly and efficiently review your project, check deliverables, and communicate feedback.
Phased Approach
PHASE 1: INITIATE
Project Kickoff – During this initial meeting, your project manager will perform introductions, detail deliverables
needed, provide a high-level overview of the development process, and introduce tools and resources used to
manage your project.
Planning & Scheduling – Your project manager will create a comprehensive project timeline based on the project
scope and your specific needs.
PHASE 2: ANALYZE
Customer Deliverables – You will be responsible for submitting deliverables as outlined.
Consulting Engagement (if purchased) – During your consulting sessions, your consultant will meet with you to
evaluate needs and make recommendations for implementation solutions. This consulting will help your organization
facilitate the tough conversations that happen when you put a microscope to your current processes, solutions, and
website presence. Further, we will also guide you to set realistic timelines and tasks for implementation as well as
assist you in setting goals and sustainment plans for your launch and beyond.
Design Discovery Meeting – Your project manager and art director will meet with you to discuss design preferences
and establish design structure from flexible layout options.
Content Process Meeting – Meet with your project manager and web content specialist to detail our content
development process.
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PHASE 3: DESIGN & CONFIGURE
Design Concept Development – You’ll have the chance to review a responsive, functioning design concept prototype
in an actual production environment. You will have the opportunity to evaluate the presented design concept and
collaborate with your project team on any feedback and then final approval.
Content Development – Our Content Development team will migrate the agreed upon number of pages of content
(including their text, documents, and images) from your current website to your new, Web Central website. Content
will be enhanced for usability and accessibility, and we will organize your website pages to make them easy to
navigate.
Agendas & Minutes Migration – The Content Development team will download, upload, and organize an agreed upon
number of meetings to the Agenda Center module.
Website Completion – You will receive a completed production website featuring your approved design combined
with the finished content.
PHASE 4: OPTIMIZE
Website Finalization – Both the Web Central project team and you will prepare your website for launch. During this
time, you will be able to make final adjustments to the content on your production website, as well as ensure overall
satisfaction with your website.
PHASE 5: EDUCATE
Training Engagement – Our goal with your training plan is to give your staff the skills and tools they need to quickly
and easily keep your website current. Your trainer will deliver virtual and/or on-site training sessions for both
administrators and users. These sessions will be customized to equip your staff with the knowledge and comfort level
needed to prepare your website for launch and maintain it in the future. The training session will utilize your production
website, so users are familiar with your specific configuration and you get real, hands-on learning opportunities.
In addition, your trainer will go into a deep-dive of the department-specific software modules such as Facilities and
Activities with Parks and Recreation, Jobs with HR, and Bids with Procurement in your Advanced User Training.
PHASE 6: LAUNCH
Website Launch Confirmation Meeting – Your Web Central project team confirms all the details that are necessary to
take your website live and explain what you can expect on launch day.
Website Launch – After final confirmation, your website will be made live and available to the public.
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Your Role During Implementation
To help create the strongest possible website, we will need you to:
• Gather photos and logos that will be used in the overall branding and design of your new website
• Provide website statistics to be utilized in reorganizing your website content, navigation, and design (if
available)
• Complete the Design Form to communicate design
preferences
• Provide technical information in the DNS form for
the set-up of your website domain name(s)
• Perform reviews and provide official approvals
throughout the project
• Update the content on your current website and
delete any pages you no longer need
• Track website updates to be completed during
your training session
• Ensure you have the most up-to-date web
browsers installed on your organization’s
computers
• Compile a list of your website users and desired
permission levels
• Reserve training location and necessary resources
(computers, conference phone, etc.)
Recurring Redesign (if purchased)
At CivicPlus, we understand trends change daily and we continually analyze different ways to design our websites—
making it easier and more user friendly for your residents to navigate. One of our best practices to help keep up with
these new trends is by adding a redesign to your project. A recurring redesign can be occur every three, four, or
five years - depending on the timeframe purchased. Unlike other vendors, our redesigns aren’t just changes in the
colors or some of the buttons as your staff can do that independently. With a CivicPlus recurring redesign, you can
receive a completely brand-new website design and layout after a set number years (as purchased) of continuous
service during our partnership. During the redesign, you’ll also receive a quality control review to ensure content is
as expected with the new design application (although no changes will be made to the content itself). With this new
design, you’ll stay up to date with current trends and best practices, providing a welcoming yet familiar virtual hub to
engage your community.
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Continuing Services
Technical Support & Services
With technology, unlimited support is crucial. Our live
technical support engineers based in North America are
ready to answer your staff members’ questions and ensure
their confidence. CivicPlus’ support team is available
7 a.m. – 7 p.m. CST to assist with any questions or concerns
regarding technical functionality and usage of your Web
Central website.
CivicPlus Technical Support will provide a toll-free number,
online chat support, as well as an online email support
system for users to submit technical issues or questions.
If the customer support specialist is unable to assist with
the question or issue, the three-tier escalation process will
begin to report issues to our product engineering team for
resolution.
Emergency technical support is available 24/7 for designated, named points-of-contact, with members of CivicPlus’
support teams available for urgent requests.
AWARD-WINNING
CivicPlus has been honored with two Gold Stevie® Awards, three Silver Stevie®
Awards, and seven Bronze Stevie® Awards in the categories of Front-Line
Customer Service Team of the Year – Technology Industries, Customer Service
Training or Coaching Program of the Year – Technology Industries, Customer
Service Department of the Year – Computer Software – Up to 1,000 Employees,
Most Valuable Response by a Customer Service Team (COVID-19), Best Customer
Satisfaction Strategy, and Remote Customer Service Innovation of the Year. The
Stevie Awards are the world’s top honors for customer service, contact center,
business development, and sales professionals.
CIVICPLUS HELP CENTER
CivicPlus customers have 24/7 access to our online Help Center where users can review articles, user guides, FAQs,
and can get tips on best practices. Our Help Center is continually monitored and updated by our dedicated Knowledge
Management Team to ensure we are providing the information and resources you need to optimize your solution. In
addition, the Help Center provides our release notes to keep your staff informed of upcoming enhancements and
maintenance.
Support at a Glance
• Technical support engineers available
7 a.m. – 7 p.m. (CST) Monday – Friday
(excluding holidays)
• Accessible via phone, email, and chat
• 4-hour response during normal hours
• 24/7 emergency technical support for
named points of contact
• Dedicated customer success manager
• Online self-service help with the CivicPlus
Help Center (civicplus.help)
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ENGAGEXCHANGE
The ENGAGEXCHANGE is an online community and the central hub of
ideas, guidance, tips, advice, and more for our Web Central customers. It
reflects our commitment to:
Connection – Customers can connect with their peers to ask questions,
discover solutions, share ideas, and join focus groups and beta
opportunities.
Direction – Customers will have the opportunity to provide targeted input
on the future direction of the Web Central roadmap and will be able to
submit ideas for improvements and enhancements.
CONTINUING PARTNERSHIP
We won’t disappear after your website is launched. You’ll be assigned
a dedicated customer success manager. They will partner with you by
providing information on best practices and how to utilize the tools of
your new system to most effectively engage your residents.
MAINTENANCE
CivicPlus is proactive in identifying any potential system issues. Through regularly scheduled reviews of site logs, error
messages, servers, router activity, and the internet in general, our personnel often identify and correct issues before
they ever affect our customers’ web solutions. Our standard maintenance includes:
• Full backups performed daily
• Regularly scheduled upgrades including fixes and other enhancements
• Testing
• Development
• Operating system patches
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Data Center
• Highly reliable data center & secure facility
• Managed network infrastructure
• On-site power backup & generators
• Multiple telecom/network providers
• Fully redundant network
• System monitoring − 24/7/365
Bandwidth
• Multiple network providers in place
• Burst bandwidth − 22 Gb/s
• Unlimited bandwidth usage for normal business operations (does not apply in the
event of a cyber attack)
Hosting
• Web Central software updates
• Server management & monitoring
• Multi-tiered software architecture
• Server software updates & security patches
• Database server updates & security patches
• Antivirus management & updates
• Server-class hardware from nationally recognized provider
• Redundant firewall solutions
• High performance SAN with N+2 reliability
Disaster Recovery
• Emergency after-hours support, live agent (24/7)
• On-line status monitor by Data Center
• 8-hour guaranteed recovery TIME objective (RTO)
• 24-hour guaranteed recovery POINT objective (RPO)
• Pre-emptive monitoring for disaster situations
• Multiple, geographically diverse data centers
DDoS Mitigation
• Defined DDoS Attack Process
• Identify attack source and type
• Monitor attack for threshold* engagement
DDoS Advanced
Security Coverage
• Not Included - additional coverage available at time of event (fees will apply)
• Additional fees will apply
*Thresholds: Traffic exceeds 25 Mb/s sustained for 2+ hours. Traffic over 1 Gb/s at any point during attack
Hosting & Security
CivicPlus protects your investment and takes hosting and security of our customers’ websites seriously. Redundant
power sources and internet access ensure consistent and stable connections. You’ll find that our extensive, industry-
leading process and procedures for protecting and hosting your website are unparalleled. We offer secure data
center facilities, constant and vigilant monitoring, and updating of your system, including 99.9% guaranteed up-time
(excluding maintenance).
If you experience a DDoS attack or threat, CivicPlus has mitigation and DDoS Advanced Security options available to
you at the time of an event. Whatever your needs are we have an option that will be a fit for your community.
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Optional Enhancements
AUDIOEYE MANAGED
AudioEye offers a range of products and services from self-service to turnkey managed solutions. At the core of
AudioEye, is the Digital Accessibility Platform (DAP), this powerful tool empowers auditors, designers, and developers
to understand issues of accessibility and improve website infrastructure thorough the use of an innovative and easy-
to-use interface. The AudioEye Toolbar offers web personalization tools. Conforming to Web Content Accessibility
Guidelines (WCAG) 2.1 has never been easier.
CIVICPLUS CHATBOT POWERED BY FRASE
CivicPlus Chatbot is designed to convincingly simulate the way a human would behave during a customer service
interaction. Our advanced technology combines the power of site search and artificial intelligence (AI) to deliver exceptional
customer experiences to citizens using your website. Our Chatbot crawls your website and other linked databases to
create a continually, automatically updated, AI-powered knowledgebase that you don’t have to maintain separately.
CIVICSEND
CivicSend is a visually rich communication module for government, used to efficiently distribute general (non-
emergency) communication to citizens. CivicSend is more than a simple email newsletter tool—it provides CivicPlus
customers with a single point of access, via integration with CivicEngage, to multiple communication channels,
including email, SMS/text, Facebook, and Twitter. CivicSend centralizes communication, saves administrative users
time, and improves overall productivity.
DEPARTMENT HEADER PACKAGES
A department or division within your organization may need a personalized digital presence. A Department Header
Package is a cost-effective way for these groups to differentiate themselves informatively and graphically from the
look of the main website while still benefiting from the functionality, service, and support of your CivicEngage system.
Unique Customizations Available (varies depending on package chosen):
• Department-specific URL
• Separate SSL Certificate / DNS & Hosting
• Department Logo
• Homepage to fit your department style
• Utilize features on your page for your specific
department needs
• Unique navigation and menus
• Custom background image and/or slideshow images
• Unique buttons and links
• Department-specific search
• Department specific access to control your page
content
• Customized colors
INTERIOR BANNERS
A cost-effective way to bring a different look to specific pages or departments is by placing a unique banner image on
those pages. Each banner can rotate through as a slide show.
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CUSTOM IDENTITY PROVIDER (IDP) INTEGRATION
CivicPlus offers IdP integration capabilities, which means you’ll benefit from easier integration between your CivicEngage
website your favorite third-party solutions. Provide single sign-on (SSO) functionality to streamline managing and
supporting user credentials and identify management solutions. CivicPlus IdP partners include Microsoft’s Azure Active
Directory (AD), Microsoft’s Active Directory Federation Services (AD FS) versions 3.0, 4.0, and 5.0, and Okta.
PLATINUM SECURITY
CivicPlus’ Platinum Hosting and Security package comes with enterprise-level Cloudflare software and:
• Fully customized Web Application Firewall (WAF), customized for our application
• OWASP ModSecurity Core Rule Set protects you against the Top 10 vulnerabilities identified by the Open Web
Application Security Project (OWASP), such as SQL injection (SQLi) and cross-site scripting (XSS) attacks
• User agent blocking
• Block or challenge visitors by IP address, autonomous system number (ASN) or country code
• Reputation-based threat protection and collective intelligence (CI) to identify new threats
CONSULTING ENGAGEMENT
Implementing an enterprise-wide software solution is a huge undertaking. Not only does new software touch every
department in your organization, it has the potential to positively impact the end-users in your community. Sometimes
getting to that positive end point is tough with incongruent agendas from stakeholders such as elected officials
and department heads. CivicPlus consulting helps your organization do the heavy lifting, starting with data-driven
research and ending with service-level process optimization. We’ll help you facilitate the tough conversations that
happen when you put a microscope to your current processes, solutions, and website presence. We will also guide you
to set realistic timelines and tasks for implementation as well as assist you in setting goals and sustainment plans for
your launch and beyond.
Disclaimer
Proposal as Non-Binding Document
A successful project begins with a contract that meets the needs of both parties. This proposal is intended as a non-
binding document, and the contents hereof may be superseded by an agreement for services. Its purpose is to provide
information on a proposed project we believe will meet your needs based on the information available. If awarded
the project, CivicPlus reserves the right to negotiate the contractual terms, obligations, covenants, and insurance
requirements before a final agreement is reached. We look forward to developing a mutually beneficial contract with you.
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PS08212023
Premium
Implementation
Proposal valid for 60 days from date of receipt
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CivicPlus Company Overview
CivicPlus History
CivicPlus began in 1998 when our founder, Ward Morgan, decided to focus
on helping local governments work better and engage their residents
through their web environment. Over the years, CivicPlus has continued
to implement new technologies and merge with industry forerunners
to maintain the highest standards of excellence and efficiency for our
customers.
Our portfolio includes solutions for website design and hosting, parks and recreation management, emergency and
mass communications, agenda and meeting management, 311 and CRM, process automation and digital services,
codification, licensing and permits, web governance and ADA remediation, social media archiving, and FOIA
management.
Our commitment to deliver the right solutions in design and development, end-user satisfaction, and secure hosting
has been instrumental in making us a leader in government web technology. We are proud to have earned the trust
of our over 12,500 customers and their 100,000+ administrative users. In addition, over 340 million residents engage
with our solutions daily.
EXPERIENCE
25+ Years
12,500+ Customers
900+ Employees
RECOGNITION
Inc. 5000 11-time Honoree
GovTech 2023 Top 100 Company
Stevie® Awards Recognized with multiple, global awards for
sales and customer service excellence
Primary Office
302 S. 4th Street Suite 500
Manhattan, KS 66502
Toll Free: 888.228.2233 | Fax: 785.587.8951
civicplus.com
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Powering & Empowering Government
We empower municipal leaders to transform interactions between residents and government into consistently positive
experiences that elevate resident satisfaction, increase revenue, and streamline operations.
Government leaders tell us that one of their most pressing needs is to improve how residents access and experience
municipal services; however, they struggle with budget cutbacks and technology constraints. CivicPlus enables
civic leaders to solve these problems, making consistently positive interactions between residents and government
possible.
What sets us apart is our Civic Experience Platform. CivicPlus is the only government technology company exclusively
committed to powering and empowering governments to efficiently operate, serve, and govern using our innovative
and integrated technology solutions built and supported by former municipal leaders and award-winning support
teams. With it, municipalities increase revenue and operate more efficiently while fostering trust among residents.
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CMS Features &
Functionality
CivicPlus’ Municipal Websites Central (Web Central) content
management system (CMS) is robust and flexible with all the
features and functionality you need today and in the future.
Developed for municipalities that need to update their website
frequently, CivicPlus provides a powerful government content management structure and website menu management
system. The easy-to-use system allows non-technical employees to efficiently update any portion of your website.
Each website begins with a unique design developed to meet your specific communication and marketing goals, while
showcasing the individuality of your community. Features and capabilities are added and customized as necessary,
and all content is organized in accordance with web usability standards.
Modules & Widgets
RESIDENT ENGAGEMENT
Web Central offers many effective and easy-to-use resident engagement
features. These tools easily integrate with the other key features.
Notices and Alerts – Post emergency or important information on your
website and notify residents through email and SMS, via Alert Center.
Blog – Post opinions/information about various community topics and allow
resident comments and subscriptions.
Calendar – Create multiple calendars and events to inform residents of
upcoming activities that are viewable by list, week, or month.
Submit Requests and Report Issues – Allow residents to report a problem and
provide follow-up communication with the point of contact (includes five user
licenses & 10 request types) via Citizen Request Tracker (CRT).
Form Center – Create custom, online forms via simple drag-and-drop functionality. Track form submissions within the
CMS and route email notifications to the appropriate individual(s).
Get Community Input – Post initiatives and project ideas to receive feedback and interact with your residents via
Community Voice.
News – Post news items and keep your residents up to date on important information via News Flash.
Opinion Poll – Poll your residents on important topics by showing the Opinion Poll widget on relevant pages, to grab
resident attention and quickly capture their responses to your polls. Polling helps with gathering and evaluating
resident feedback, increasing resident engagement, and understanding your community.
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Notifications – Allow your residents to subscribe to receive text and email notifications on topics that are important to
them via Notify Me® (includes up to 500 SMS users).
Pop-up Modal – Use a pop-up modal to call attention to important information and notices, sitewide or on specific pages.
ASSET MANAGEMENT
Web Central comes fully equipped with a robust set of document and image management tools that work with other
key features of our CMS, making it easy to build dynamic content that is easy for residents to navigate and access.
Agenda Center – Create and display meetings and agendas on the website utilizing our built-in Agenda Center
module. For advanced functionality, including live meeting management, our integrated Agenda and Meeting
Management product is available as an add-on.
Archive Center – Manage and retain serial and older documents.
Document Center – Organize and manage documents in one central repository.
Image Repository – Store all your images in one central location, to utilize individually or create slideshows on your
site. Use the built-in editor to crop and resize photos, as needed. Images are optimized for performance, mobile
responsiveness, and contain alt text for accessibility compliance.
INFORMATION & NAVIGATION
Organize your content and pages to make it easy to locate the
information you and your residents need most with modules that help
you update information quickly.
Easy for Residents to Navigate – An intuitive design, mega menu
options, prominent buttons, and dynamic breadcrumbs throughout
your site, all allow residents to easily find what they’re looking for.
Frequently Asked Questions (FAQs) – Provide answers to the most
frequently asked questions to reduce phone and foot traffic for staff.
Graphic Links – Create visually appealing buttons to direct users to
important information.
Info Advanced – Use Info Advanced to create engaging displays of
information for reuse throughout the website.
Quick Links – Provide links to highly requested services and information. These are commonly displayed in website
footers and right-hand navigation.
Resource Directory – Use the Resource Directory to showcase information on local businesses and/or community
resources.
Staff Directory – Provide contact information for departments and individual staff members. Use the information
throughout the site and keep updated in one location. The Staff Directory widget allows you to quickly place specific
persons or departments on relevant pages.
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DEPARTMENT-SPECIFIC
There are several function-specific features and modules for government departments. These tools are integrated into
the Web Central CMS and offer the ability to complete multiple steps in one action.
Activities – Create and post activities, events, and classes so residents can register for them and even pay online.
Your administrators can view and create rosters. The Activities module integrates with the Facilities module so
residents can view the location of the activity.
Facilities & Reservations – Display facilities on your site for
residents to browse. Allow them to filter by amenities, view
facility details, and even make reservations online.
Job Postings – Post available jobs online and accept online
applications.
Bids – Post open bid opportunities for contractors to view
available work, download supporting documentation,
receive notifications on posted opportunities and submit bid
applications online.
COMMONLY USED WIDGETS
An extensive widget library is available for ease of placing dynamic and visually appealing information on specific
pages. Each widget is easy to use with drag-and-drop functionality and is configurable with individual styling options.
Community Voice Widget – Encourage civic participation and engagement by adding specific discussion areas to
relevant pages.
Custom HTML Widget – Embed videos or other HTML features in your page.
Editor Widget – Edit text with word processing tools, plus web tools like code
view and the Accessibility Checker.
Form Center Widget – Embed simple forms on a page.
Image Widget – Add images to a page.
Notify Me Widget – Place specific Notify Me subscriptions lists on pages to allow
users to sign up for the exact lists you recommend.
Related Documents Widget – Create a dynamic list of documents referenced in
the Document Center.
Slideshow Widget – Add a slideshow of images.
Tabbed Widget – Organize larger pages of information in horizontal, vertical, or
stacked vertical or accordion style tabs.
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Administrative Features
The administration of your Web Central website is browser
based, with no installation of software needed. You’ll be able
to update your website from an internet connection on any
platform (Mac or PC). Administrators can control the access to
pages and manipulation of content as well as use automated
features to streamline processes.
Administrative Dashboard – A home base for messages and quick access to your recent activities and time-sensitive
action items such as pending approvals and expiring items.
Content Scheduling & Versioning – Set your content to auto-publish and auto-expire, with an archive of all published
content and previous versions.
Dynamic Page Components – Modules such as Calendar, FAQs, and News Flash, may be included as dynamic page
components on any page.
History Log – Track changes made to your website.
Intranet – Use permissions to set a secure location on your website that allows employees to login and access non-
public resources and information.
Levels of Permissions – Assign staff members to groups with different levels of permissions of access and authority
throughout the CMS.
Pending Approval Items – Administrators have access to a queue of pending items to be published or reviewed.
Website Statistics – Provided website analytics for analysis.
USER-FRIENDLY FEATURES
Not only is Web Central easy for your staff to use, various administrative features help make a more attractive,
engaging, and intuitive website for your community.
Automatic Alt Tags – Built-in features assist with ongoing ADA compliance of your website.
Credit Card Processing – With the add-on feature CivicPlus Pay (Pay), you can integrate with an approved payment
gateway to accept payments on your website (separate agreement must be made directly between you and the
chosen approved gateway provider). Additional fees apply.
Preset Styling Standards and Ongoing Styling Flexibility – Site changes automatically inherit design standards and
styles that you’ve set up for your homepage, interior layouts, and simple layouts. This keeps your website looking
clean and always matching. We also offer large amounts of flexibility with placement and styles on an ongoing basis.
As you edit your website, you can easily adjust the location and style of widgets, content, carousels, lists, calendars,
etc. to meet the look and feel you need for that area.
Link Redirects – Instead of sending your users to http://civicplus.com/248/Awards-and-Recognition, you can send
them to http://civicplus.com/awards.
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Live Edit – See where your information will be posted on a page before you make any changes with our WYSIWYG
editor and drag-and-drop tools.
Maps – Easily embed maps from Google, ESRI, and more using the HTML widget.
Mega Menu – A main navigation menu makes it easy to get to any page on your website quickly.
Predictive Site Search – Our powerful site search functionality automatically indexes all content making it easy for
visitors to find information across pages, documents, and images.
Site Search Log – All search words are kept in a log.
Real Simple Syndication (RSS) Feeds – Administrators and website visitors can use RSS feeds to display content or
be notified of content updates.
Responsive Design – With responsive design, your website adjusts to the screen size regardless of what device is
being used, providing a seamless user experience.
Social Media – Set various modules to automatically post to your Facebook and/or Twitter feeds and incorporate
compatible social media feeds and widgets into your website.
Supported Browsers – View your website in the latest versions of major browsers including Microsoft Edge, Firefox,
Safari, and Chrome.
Third-Party Access – Utilize iframes, embeds, and/or links to most of your third-party services. Or use our growing list
of APIs to build applications right from your website.
Translation – Integration with Google Translate translates web pages into over 100 languages.
ACCESSIBILITY COMPLIANCE
With over 20% of adults in the United States having a disability, you need a website that conforms to all residents.
We provide highly compliant sites based on WCAG 2.0 A and AA guidelines, which encompass and surpass ADA
accessibility requirements. This maximizes accessibility for all users while providing freedom to create a visually rich
and appealing website. Our approach for each website includes the following steps to provide you a compliant and
accessible website:
• We will deliver you a website that meets ADA (Section 508) and WCAG 2.0 A and AA levels.
• Your staff can use the Accessibility Checker within the CMS to scan content created in the editor for any
accessibility issues so you can correct them before publishing.
• Our trainers will teach your staff best practices to keep your content and design elements accessible and up-
to-date with the latest ADA/WCAG standards.
• Any new regulations that require code changes are done automatically, at least quarterly, with no additional
effort required from you.
• In addition to updating the code, our product team also updates our best practices and provides regular
updates to customers via our CivicPlus website, blog articles, webinars, and other publications.
AudioEye Partnership
CivicPlus also partners with AudioEye to provide a suite of accessibility tools and services at a discounted rate to our
customers. Additional details and a quote can be provided upon request.
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MONSIDO POWERED BY CIVICPLUS
Additional Website Optimization & Compliance Tools – Monsido is an easy-to-use web governance platform
available to purchase and add to your project. Monsido’s tools help you identify, prioritize and address content quality
assurance and accessibility issues on your website so that you can achieve and maintain compliance according
to WCAG 2.1 standards. Further, we can help you meet the latest data privacy and government policy standards.
Additional details and a quote can be provided upon request.
The Civic Experience Platform
Developed specifically to enable municipalities to deliver consistently positive interactions across every department
and every service, the Civic Experience Platform includes technology innovations that deliver frictionless, one-stop,
and personalized resident interactions. Governments that leverage our Civic Experience Platform also benefit from:
• Single Sign-On (SSO) to all of your CivicPlus products supporting two-factor authentication and PCI Level
password compatibility
• A single dashboard and toolbar for administrative access to your CivicPlus software stack
• Access to a continually growing and fully documented set of APIs to better connect your administration’s
processes and applications
• A centralized data store with robust data automation and integration capabilities
CIVICPLUS PORTAL
The CivicPlus Portal is the ideal addition to your website to create personalized, one-stop access for your residents
to obtain information, resources, and interact with your municipality. By allowing residents to build a customizable
dashboard with quick links to the pages and services on your website that they use most frequently, they’ll be more
likely to conduct regular revenue-generating business with your municipality, and your staff will benefit from reduced
phone calls, walk-ins, and emails.
INTEGRATION HUB
Integration Hub is a tool that can help you unify your disparate cloud-based solutions and your CivicPlus solutions,
assemble powerful workflows, and setup complex automations—without the need for a developer. With Integration
Hub’s easy-to-use drag-and-drop interface, non-technical users can build integrations for syncing content and
data between CivicPlus solutions or with third parties (for an additional fee) saving your staff’s valuable time. The
possibilities are endless with Integration Hub, but here are a few examples of integrations you can create with Web
Central today:
• An integration that will take a News Flash update in a specific category and immediately post it to the Alert Center
• An integration that will push a new Calendar Event to post directly in the News Flash module
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Implementation
Premium Project Timeline
Design creation, content development, professional consulting, configuration for usability and accessibility, dedicated
training—CivicPlus delivers all of this and more during the development of your new website.
A typical premium project ranges from 16 – 28 weeks. Your exact project timeline will be created based on detailed
project scope, project enhancements purchased, availability for meeting coordination, action item return and
completion, approval dates, and other factors. Your project timeline, tasks, due dates, and communication will be
managed and available in real-time via our project management software, Cloud Coach.
PHASE 1: INITIATE 2-4 Weeks • Project Kickoff Meeting
• Planning & Scheduling
PHASE 2: ANALYZE 4-6 Weeks
• Customer Deliverable Submission
• Consulting Engagement (if purchased)
• Design Discovery Meeting
• Content Process Meeting
PHASE 3: DESIGN &
CONFIGURE 6-10 Weeks
• Design Concept Development
• Design Concept Meeting
• Content Development
• Agendas & Minutes Migration
• Website Completion
PHASE 4: OPTIMIZE 1-2 Weeks • Website Finalization
PHASE 5: EDUCATE 1-2 Weeks • Training Engagement
PHASE 6: LAUNCH 2-4 Weeks • Launch Confirmation Meeting
• Website Launch
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Premium Package Designs
You will meet with your art director to discuss your website vision based on the goals and needs of your users. This
process involves conversing with your art director on the order, placement, and format of your homepage content and
design elements, aimed at achieving your usability goals. Your preferences will be solidified into a homepage layout
wireframe, which will provide the structural blueprint for the visual design application.
We will then collaborate with you to customize your design to represent your community using your logo, chosen
colors, and imagery. We will focus on including the functionality to meet your website needs, including an option for up
to one advanced design, if desired, component—a layout or design element that requires significant time to style and
implement. Working with your art director, you’ll identify the appropriate component, if desired, to achieve or enhance
the usability goals for your website.
DESIGN EXAMPLES
The included design portfolio will provide you with an idea of the different directions we can take your creative design
with the premium implementation package.
Princeton, TX
princetontx.gov
Dublin, CA
dublin.ca.gov
Fountain Hills, AZ
fountainhillsaz.gov
Clearwater, KS
clearwaterks.org
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Approaching Your Project Implementation
Communication between you and your Web Central team
will be continuous throughout your project. Sharing input
and feedback through email, virtual meetings, phone
calls, and our project management software will keep all
stakeholders involved and informed. Cloud Coach offers
task management transparency with a multi-level work
breakdown structure and Gantt Chart-based project plan.
• Centralized project communication and task
management tools are located in a cloud-based
project workspace
• Tasks, deliverables, and milestones are aligned to
your specific scope of work
The tools available through Cloud Coach combined with regular communication with your project manager provide you
ample opportunities to quickly and efficiently review your project, check deliverables, and communicate feedback.
Phased Approach
PHASE 1: INITIATE
Project Kickoff – During this initial meeting, your project manager will perform introductions, detail deliverables
needed, provide a high-level overview of the development process, and introduce tools and resources used to
manage your project.
Planning & Scheduling – Your project manager will create a comprehensive project timeline based on the project
scope and your specific needs.
PHASE 2: ANALYZE
Customer Deliverables – You will be responsible for submitting deliverables as outlined.
Consulting Engagement (if purchased) – During your consulting sessions, your consultant will meet with you to
evaluate needs and make recommendations for implementation solutions. This consulting will help your organization
facilitate the tough conversations that happen when you put a microscope to your current processes, solutions, and
website presence. Further, we will also guide you to set realistic timelines and tasks for implementation as well as
assist you in setting goals and sustainment plans for your launch and beyond.
Design Discovery Meeting – Your project manager and art director will meet with you to discuss design preferences
and establish design structure from flexible layout options.
Content Process Meeting – Meet with your project manager and web content specialist to detail our content
development process.
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PHASE 3: DESIGN & CONFIGURE
Design Concept Development – You’ll have the chance to review a responsive, functioning design concept prototype
in an actual production environment. You will have the opportunity to evaluate the presented design concept and
collaborate with your project team on any feedback and then final approval.
Content Development – Our Content Development team will migrate the agreed upon number of pages of content
(including their text, documents, and images) from your current website to your new, Web Central website. Content
will be enhanced for usability and accessibility, and we will organize your website pages to make them easy to
navigate.
Agendas & Minutes Migration – The Content Development team will download, upload, and organize an agreed upon
number of meetings to the Agenda Center module.
Website Completion – You will receive a completed production website featuring your approved design combined
with the finished content.
PHASE 4: OPTIMIZE
Website Finalization – Both the Web Central project team and you will prepare your website for launch. During this
time, you will be able to make final adjustments to the content on your production website, as well as ensure overall
satisfaction with your website.
PHASE 5: EDUCATE
Training Engagement – Our goal with your training plan is to give your staff the skills and tools they need to quickly
and easily keep your website current. Your trainer will deliver virtual and/or on-site training sessions for both
administrators and users. These sessions will be customized to equip your staff with the knowledge and comfort level
needed to prepare your website for launch and maintain it in the future. The training session will utilize your production
website, so users are familiar with your specific configuration and you get real, hands-on learning opportunities.
In addition, your trainer will go into a deep-dive of the department-specific software modules such as Facilities and
Activities with Parks and Recreation, Jobs with HR, and Bids with Procurement in your Advanced User Training.
PHASE 6: LAUNCH
Website Launch Confirmation Meeting – Your Web Central project team confirms all the details that are necessary to
take your website live and explain what you can expect on launch day.
Website Launch – After final confirmation, your website will be made live and available to the public.
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Your Role During Implementation
To help create the strongest possible website, we will need you to:
• Gather photos and logos that will be used in the overall branding and design of your new website
• Provide website statistics to be utilized in reorganizing your website content, navigation, and design (if
available)
• Complete the Design Form to communicate design
preferences
• Provide technical information in the DNS form for
the set-up of your website domain name(s)
• Perform reviews and provide official approvals
throughout the project
• Update the content on your current website and
delete any pages you no longer need
• Track website updates to be completed during
your training session
• Ensure you have the most up-to-date web
browsers installed on your organization’s
computers
• Compile a list of your website users and desired
permission levels
• Reserve training location and necessary resources
(computers, conference phone, etc.)
Recurring Redesign (if purchased)
At CivicPlus, we understand trends change daily and we continually analyze different ways to design our websites—
making it easier and more user friendly for your residents to navigate. One of our best practices to help keep up with
these new trends is by adding a redesign to your project. A recurring redesign can be occur every three, four, or
five years - depending on the timeframe purchased. Unlike other vendors, our redesigns aren’t just changes in the
colors or some of the buttons as your staff can do that independently. With a CivicPlus recurring redesign, you can
receive a completely brand-new website design and layout after a set number years (as purchased) of continuous
service during our partnership. During the redesign, you’ll also receive a quality control review to ensure content is
as expected with the new design application (although no changes will be made to the content itself). With this new
design, you’ll stay up to date with current trends and best practices, providing a welcoming yet familiar virtual hub to
engage your community.
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Continuing Services
Technical Support & Services
With technology, unlimited support is crucial. Our live
technical support engineers based in North America are
ready to answer your staff members’ questions and ensure
their confidence. CivicPlus’ support team is available
7 a.m. – 7 p.m. CST to assist with any questions or concerns
regarding technical functionality and usage of your Web
Central website.
CivicPlus Technical Support will provide a toll-free number,
online chat support, as well as an online email support
system for users to submit technical issues or questions.
If the customer support specialist is unable to assist with
the question or issue, the three-tier escalation process will
begin to report issues to our product engineering team for
resolution.
Emergency technical support is available 24/7 for designated, named points-of-contact, with members of CivicPlus’
support teams available for urgent requests.
AWARD-WINNING
CivicPlus has been honored with two Gold Stevie® Awards, three Silver Stevie®
Awards, and seven Bronze Stevie® Awards in the categories of Front-Line
Customer Service Team of the Year – Technology Industries, Customer Service
Training or Coaching Program of the Year – Technology Industries, Customer
Service Department of the Year – Computer Software – Up to 1,000 Employees,
Most Valuable Response by a Customer Service Team (COVID-19), Best Customer
Satisfaction Strategy, and Remote Customer Service Innovation of the Year. The
Stevie Awards are the world’s top honors for customer service, contact center,
business development, and sales professionals.
CIVICPLUS HELP CENTER
CivicPlus customers have 24/7 access to our online Help Center where users can review articles, user guides, FAQs,
and can get tips on best practices. Our Help Center is continually monitored and updated by our dedicated Knowledge
Management Team to ensure we are providing the information and resources you need to optimize your solution. In
addition, the Help Center provides our release notes to keep your staff informed of upcoming enhancements and
maintenance.
Support at a Glance
• Technical support engineers available
7 a.m. – 7 p.m. (CST) Monday – Friday
(excluding holidays)
• Accessible via phone, email, and chat
• 4-hour response during normal hours
• 24/7 emergency technical support for
named points of contact
• Dedicated customer success manager
• Online self-service help with the CivicPlus
Help Center (civicplus.help)
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ENGAGEXCHANGE
The ENGAGEXCHANGE is an online community and the central hub of
ideas, guidance, tips, advice, and more for our Web Central customers. It
reflects our commitment to:
Connection – Customers can connect with their peers to ask questions,
discover solutions, share ideas, and join focus groups and beta
opportunities.
Direction – Customers will have the opportunity to provide targeted input
on the future direction of the Web Central roadmap and will be able to
submit ideas for improvements and enhancements.
CONTINUING PARTNERSHIP
We won’t disappear after your website is launched. You’ll be assigned
a dedicated customer success manager. They will partner with you by
providing information on best practices and how to utilize the tools of
your new system to most effectively engage your residents.
MAINTENANCE
CivicPlus is proactive in identifying any potential system issues. Through regularly scheduled reviews of site logs, error
messages, servers, router activity, and the internet in general, our personnel often identify and correct issues before
they ever affect our customers’ web solutions. Our standard maintenance includes:
• Full backups performed daily
• Regularly scheduled upgrades including fixes and other enhancements
• Testing
• Development
• Operating system patches
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Data Center
• Highly reliable data center & secure facility
• Managed network infrastructure
• On-site power backup & generators
• Multiple telecom/network providers
• Fully redundant network
• System monitoring − 24/7/365
Bandwidth
• Multiple network providers in place
• Burst bandwidth − 22 Gb/s
• Unlimited bandwidth usage for normal business operations (does not apply in the
event of a cyber attack)
Hosting
• Web Central software updates
• Server management & monitoring
• Multi-tiered software architecture
• Server software updates & security patches
• Database server updates & security patches
• Antivirus management & updates
• Server-class hardware from nationally recognized provider
• Redundant firewall solutions
• High performance SAN with N+2 reliability
Disaster Recovery
• Emergency after-hours support, live agent (24/7)
• On-line status monitor by Data Center
• 8-hour guaranteed recovery TIME objective (RTO)
• 24-hour guaranteed recovery POINT objective (RPO)
• Pre-emptive monitoring for disaster situations
• Multiple, geographically diverse data centers
DDoS Mitigation
• Defined DDoS Attack Process
• Identify attack source and type
• Monitor attack for threshold* engagement
DDoS Advanced
Security Coverage
• Not Included - additional coverage available at time of event (fees will apply)
• Additional fees will apply
*Thresholds: Traffic exceeds 25 Mb/s sustained for 2+ hours. Traffic over 1 Gb/s at any point during attack
Hosting & Security
CivicPlus protects your investment and takes hosting and security of our customers’ websites seriously. Redundant
power sources and internet access ensure consistent and stable connections. You’ll find that our extensive, industry-
leading process and procedures for protecting and hosting your website are unparalleled. We offer secure data
center facilities, constant and vigilant monitoring, and updating of your system, including 99.9% guaranteed up-time
(excluding maintenance).
If you experience a DDoS attack or threat, CivicPlus has mitigation and DDoS Advanced Security options available to
you at the time of an event. Whatever your needs are we have an option that will be a fit for your community.
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Optional Enhancements
AUDIOEYE MANAGED
AudioEye offers a range of products and services from self-service to turnkey managed solutions. At the core of
AudioEye, is the Digital Accessibility Platform (DAP), this powerful tool empowers auditors, designers, and developers
to understand issues of accessibility and improve website infrastructure thorough the use of an innovative and easy-
to-use interface. The AudioEye Toolbar offers web personalization tools. Conforming to Web Content Accessibility
Guidelines (WCAG) 2.1 has never been easier.
CIVICPLUS CHATBOT POWERED BY FRASE
CivicPlus Chatbot is designed to convincingly simulate the way a human would behave during a customer service
interaction. Our advanced technology combines the power of site search and artificial intelligence (AI) to deliver exceptional
customer experiences to citizens using your website. Our Chatbot crawls your website and other linked databases to
create a continually, automatically updated, AI-powered knowledgebase that you don’t have to maintain separately.
CIVICSEND
CivicSend is a visually rich communication module for government, used to efficiently distribute general (non-
emergency) communication to citizens. CivicSend is more than a simple email newsletter tool—it provides CivicPlus
customers with a single point of access, via integration with CivicEngage, to multiple communication channels,
including email, SMS/text, Facebook, and Twitter. CivicSend centralizes communication, saves administrative users
time, and improves overall productivity.
DEPARTMENT HEADER PACKAGES
A department or division within your organization may need a personalized digital presence. A Department Header
Package is a cost-effective way for these groups to differentiate themselves informatively and graphically from the
look of the main website while still benefiting from the functionality, service, and support of your CivicEngage system.
Unique Customizations Available (varies depending on package chosen):
• Department-specific URL
• Separate SSL Certificate / DNS & Hosting
• Department Logo
• Homepage to fit your department style
• Utilize features on your page for your specific
department needs
• Unique navigation and menus
• Custom background image and/or slideshow images
• Unique buttons and links
• Department-specific search
• Department specific access to control your page
content
• Customized colors
INTERIOR BANNERS
A cost-effective way to bring a different look to specific pages or departments is by placing a unique banner image on
those pages. Each banner can rotate through as a slide show.
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CUSTOM IDENTITY PROVIDER (IDP) INTEGRATION
CivicPlus offers IdP integration capabilities, which means you’ll benefit from easier integration between your CivicEngage
website your favorite third-party solutions. Provide single sign-on (SSO) functionality to streamline managing and
supporting user credentials and identify management solutions. CivicPlus IdP partners include Microsoft’s Azure Active
Directory (AD), Microsoft’s Active Directory Federation Services (AD FS) versions 3.0, 4.0, and 5.0, and Okta.
PLATINUM SECURITY
CivicPlus’ Platinum Hosting and Security package comes with enterprise-level Cloudflare software and:
• Fully customized Web Application Firewall (WAF), customized for our application
• OWASP ModSecurity Core Rule Set protects you against the Top 10 vulnerabilities identified by the Open Web
Application Security Project (OWASP), such as SQL injection (SQLi) and cross-site scripting (XSS) attacks
• User agent blocking
• Block or challenge visitors by IP address, autonomous system number (ASN) or country code
• Reputation-based threat protection and collective intelligence (CI) to identify new threats
CONSULTING ENGAGEMENT
Implementing an enterprise-wide software solution is a huge undertaking. Not only does new software touch every
department in your organization, it has the potential to positively impact the end-users in your community. Sometimes
getting to that positive end point is tough with incongruent agendas from stakeholders such as elected officials
and department heads. CivicPlus consulting helps your organization do the heavy lifting, starting with data-driven
research and ending with service-level process optimization. We’ll help you facilitate the tough conversations that
happen when you put a microscope to your current processes, solutions, and website presence. We will also guide you
to set realistic timelines and tasks for implementation as well as assist you in setting goals and sustainment plans for
your launch and beyond.
Disclaimer
Proposal as Non-Binding Document
A successful project begins with a contract that meets the needs of both parties. This proposal is intended as a non-
binding document, and the contents hereof may be superseded by an agreement for services. Its purpose is to provide
information on a proposed project we believe will meet your needs based on the information available. If awarded
the project, CivicPlus reserves the right to negotiate the contractual terms, obligations, covenants, and insurance
requirements before a final agreement is reached. We look forward to developing a mutually beneficial contract with you.
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To Whom It May Concern,
This letter serves to notify you that CivicPlus, LLC is the sole provider of the CivicEngage Content
Management System (CivicEngage) and associated product and service package that enables municipal
website administrators to manage critical aspects of their online presence.
CivicEngage differs from other content management software in that it has been optimized for use by
government entities. Not only have many of the applications been developed specifically for use by
municipal governments, but CivicEngage websites are only be hosted and monitored at one of our network
operations centers dedicated to protecting our local government websites. Our inhouse support team is
also the sole authorized support system for the CivicEngage solution.
Included in the standard CivicPlus development package are applications that are unique to CivicEngage,
like a citizen request management and mapping tool. Applications like these may be available at a much
higher cost from other vendors; however, CivicPlus is the sole provider of these applications as a part of an
all-inclusive, standardized content management system, CivicEngage.
No other organization offers our unique product and service package, coupling our CMS with some of the
most useful web applications available to municipal governments.
Regards,
Cole Cheever | CivicPlus, LLC
Vice President of Client Services
Main 888-228-2233
Fax 785-587-8951
Website www.CivicPlus.com
Federal Tax ID 48-1202104
GSA Contract #GS-35F-0124U
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To Whom It May Concern,
This letter serves to notify you that CivicPlus, LLC is the sole provider of the CivicEngage Content
Management System (CivicEngage) and associated product and service package that enables municipal
website administrators to manage critical aspects of their online presence.
CivicEngage differs from other content management software in that it has been optimized for use by
government entities. Not only have many of the applications been developed specifically for use by
municipal governments, but CivicEngage websites are only be hosted and monitored at one of our network
operations centers dedicated to protecting our local government websites. Our inhouse support team is
also the sole authorized support system for the CivicEngage solution.
Included in the standard CivicPlus development package are applications that are unique to CivicEngage,
like a citizen request management and mapping tool. Applications like these may be available at a much
higher cost from other vendors; however, CivicPlus is the sole provider of these applications as a part of an
all-inclusive, standardized content management system, CivicEngage.
No other organization offers our unique product and service package, coupling our CMS with some of the
most useful web applications available to municipal governments.
Regards,
Cole Cheever | CivicPlus, LLC
Vice President of Client Services
Main 888-228-2233
Fax 785-587-8951
Website www.CivicPlus.com
Federal Tax ID 48-1202104
GSA Contract #GS-35F-0124U
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To Whom It May Concern,
This letter serves to notify you that CivicPlus, LLC is the sole provider of the CivicEngage Content
Management System (CivicEngage) and associated product and service packages including
CivicEngage Department Header Packages (with or without themes) and their functionality.
CivicEngage enables municipal website administrators to manage critical aspects of their online
web environment and differs from other content management software in that it has been
optimized for use by government entities.
Not only have many of the applications been developed specifically for use by municipal
governments, but CivicEngage is also hosted at a network operations center dedicated to serving
local government websites.
Included in the standard CivicPlus development package are applications that are unique to
CivicEngage, like a citizen request management and mapping tool. Applications like these may
be available at a much higher cost from other vendors; however, CivicPlus is the sole provider of
these applications as a part of an all-inclusive, standardized content management system,
CivicEngage.
No other organization offers our unique product and service packages, coupling our CMS with
some of the most useful web applications available to municipal governments.
Regards,
Jeff Logan ● CivicPlus, LLC
Vice President of Sales
Main 888-228-2233
Fax 785-587-8951
Website www.CivicPlus.com
Federal Tax ID 48-1202104
GSA Contract #GS-35F-0124U
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To Whom It May Concern,
This letter serves to notify you that CivicPlus, LLC is the sole provider of the CivicEngage Content
Management System (CivicEngage) and associated product and service packages including
CivicEngage Department Header Packages (with or without themes) and their functionality.
CivicEngage enables municipal website administrators to manage critical aspects of their online
web environment and differs from other content management software in that it has been
optimized for use by government entities.
Not only have many of the applications been developed specifically for use by municipal
governments, but CivicEngage is also hosted at a network operations center dedicated to serving
local government websites.
Included in the standard CivicPlus development package are applications that are unique to
CivicEngage, like a citizen request management and mapping tool. Applications like these may
be available at a much higher cost from other vendors; however, CivicPlus is the sole provider of
these applications as a part of an all-inclusive, standardized content management system,
CivicEngage.
No other organization offers our unique product and service packages, coupling our CMS with
some of the most useful web applications available to municipal governments.
Regards,
Jeff Logan ● CivicPlus, LLC
Vice President of Sales
Main 888-228-2233
Fax 785-587-8951
Website www.CivicPlus.com
Federal Tax ID 48-1202104
GSA Contract #GS-35F-0124U
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community
Services
Department:Parks & Recreation & Community Services
Subject:Establish a California Nonprofit Public Benefit Corporation
named of “Friends of San Bernardino Parks, Recreation
and Open Spaces Foundation”
Recommendation:
Adopt Resolution No. 2024-016 of the Mayor and City Council of the City of San
Bernardino, authorizing the City Manager, or designee, to take the steps necessary to
establish a California Nonprofit Public Benefit Corporation named “Friends of San
Bernardino Parks, Recreation and Open Spaces Foundation” to support the Parks,
Recreation, and Community Services Department’s programs and initiatives.
Executive Summary
Establishing a non-profit fundraising arm for the programs, services and enhancement
of Parks, Recreation and Open Spaces of San Bernardino will develop increased
opportunities for investment for facilities, amenities, and services for the public.
Background
In discussions for developing increased support avenues for funding future programs,
services, and enhancement of amenities at Parks, Recreation and Open Space
locations, the Parks, Recreation and Community Services Department recommends
establishing a Nonprofit Public Benefit Corporation to actively raise funds for programs
and services to benefit residents and visitors to take part in positive recreational
experiences at our parks, community centers and open space areas. Establishing the
"Friends of San Bernardino Parks, Recreation and Open Spaces Foundation" as a non-
profit fundraising entity is a strategic move with numerous benefits for the community.
Discussion
Having safe, clean, and green parks, community centers, and open spaces can have
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numerous positive impacts on the health and well-being of a community. Access to
parks and open spaces encourages physical activity, promotes good health and aids
in the prevention of chronic diseases. These spaces also support mental well-being by
reducing stress and fostering social interaction, which contributes to community
cohesion. Additionally, green spaces offer environmental benefits, such as improved
air quality and biodiversity, enhancing overall quality of life and serving as safe areas
for children's development while aiding in crime prevention through natural
surveillance.
A complete Park and Facility Assessment has been completed by our Parks and
Recreation Master Plan Consultants and partners which will provide the Mayor and
City Council a detailed and prioritized list of needs for improvement. In addition, a cost
analysis can be provided to ensure fundraising efforts are continuously concentrated
on priority areas and needs according to community input and consultant
recommendations. The City has had continued funding gaps for improvements as a
result of the bankruptcy and the pandemic. Issues with limited budget allocations,
maintenance backlogs, insufficient staffing, limited new developments, reduced
programming and community disparities continue to impact the City. To address these
issues and bridge the funding gap, staff have begun to explore various solutions,
including public-private partnerships, grant opportunities, community engagement, and
advocacy for increased public funding dedicated to parks and recreation. It's crucial for
local residents, community organizations, and policymakers to work collaboratively to
find sustainable solutions and ensure that everyone has access to quality parks and
recreational facilities.
Creating a nonprofit fundraising arm, such as "Friends of San Bernardino Parks,
Recreation and Open Spaces Foundation," can be a proactive and community-driven
approach to address funding gaps and enhance parks and recreational facilities. A list
of areas of focus for the Friends of San Bernardino Parks, Recreation and Open Space
Foundation would be as follows:
- Fundraising and Grant Writing
- Community Engagement and Advocacy
- Public-Private Partnerships
- Programming and Events
- Long-Term Planning:
- Master Planning Support
- Sustainable Funding Strategies
In an effort to lessen the impact on the General Fund of our City as well as any partners,
staff proposes the City establish a California Nonprofit Public Benefit Corporation that
could actively raise funds for the programming and services at the parks, community
centers and open spaces.
Fiscal accountability and transparency are important factors in raising funds for public
benefit. Attaching the nonprofit to the City would ensure the financial records are
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subject to Public Records Act requirements and available for the public to view upon
request. Additionally, current and future elected officials would be able to appoint
members to the Board to ensure the nonprofit aligns with the City‘s priorities and goals.
Appointing the Parks, Recreation and Community Services Director and Finance and
Management Services Director as ex-officio Board Members would also ensure fiscal
accountability and alignment of the nonprofit with the City‘s goals.
By taking a multifaceted approach that combines fundraising, community engagement,
and advocacy, a nonprofit foundation like "Friends of San Bernardino Parks,
Recreation and Open Spaces Foundation" can play a vital role in addressing funding
gaps and fostering a thriving community through well-maintained and accessible parks
and recreational spaces.
2021-2025 Strategic Targets and Goals
The request to develop a foundation of community partners dedicated to allocating
funds that assist with subsidizing the cost of renovations and development of parks
and open space aligns with Strategic Target No. 1: Improved Operational & Financial
Capacity by establishing a nonprofit to help cover the cost of Department programs,
reducing the strain on the City’s General Fund. It also aligns with Strategic Target No.
3: Improved Quality of Life by enhancing our parks, community centers, and open
space areas for residents to partake in physical, mental, and overall healthier living
practices.
Fiscal Impact
The General Fund impact associated with this term will be approximately $2,000 per
year to establish and maintain the foundation. Any remaining financial needs will be
addressed through the volunteer work and donations.
Conclusion
Adopt Resolution No. 2024-016 of the Mayor and City Council of the City of San
Bernardino, authorizing the City Manager, or designee, to take the steps necessary to
establish a California Nonprofit Public Benefit Corporation named “Friends of San
Bernardino Parks, Recreation and Open Spaces Foundation” to support the
department of Parks, Recreation, and Community Services programs and initiatives.
Attachments
1. Resolution 2024-016 PRCS Nonprofit
2. Friends of San Bernardino Parks, Recreation and Open Spaces Foundation
Articles of Incorporation
3. Friends of San Bernardino Parks, Recreation and Open Spaces Foundation By-
Laws
Ward:
All Wards
Synopsis of Previous Council Actions:
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N/A
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Resolution No. 2024-016
Resolution 2024-016
January 17, 2024
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RESOLUTION NO. 2024-XX
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
TAKE THE STEPS NECESSARY TO ESTABLISH A
CALIFORNIA NONPROFIT PUBLIC BENEFIT
CORPORATION NAMED “FRIENDS OF SAN
BERNARDINO PARKS, RECREATION, AND OPEN
SPACES FOUNDATION” TO SUPPORT THE
DEPARTMENT OF PARKS, RECREATION, AND
COMMUNITY SERVICES PROGRAMS AND INITIATIVES.
WHEREAS, having safe, clean, and green parks, community centers, and open spaces can
have numerous positive impacts on the health and well-being of a community; and
WHEREAS, issues with limited budget allocations, maintenance backlogs, insufficient
staffing, limited new developments, reduced programming and community disparities have
continued to plague the city; and
WHEREAS, creating a nonprofit fundraising arm, such as "The Friends of San Bernardino
Parks, Recreation and Open Spaces Foundation," can be a proactive and community-driven
approach to address funding gaps and enhance parks and recreational facilities.
WHEREAS, a California Nonprofit Public Benefit Corporation, established by the City of
San Bernardino would be able to proactively fundraise to support the Department’s Programs and
services.
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. Authorize the City Manager, or designee, to take the steps necessary to
establish a California Nonprofit Public Benefit Corporation named “Friends of San Bernardino
Parks, Recreation, and Open Spaces Foundation” to raise funds in support of the Parks, Recreation,
and Community Services Department.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
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Resolution No. 2024-016
Resolution 2024-016
January 17, 2024
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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 17th day of January 2024.
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. 2024-016
Resolution 2024-016
January 17, 2024
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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. 2024-016, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 17th day of January 2024.
Genoveva Rocha, CMC, City Clerk
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ARTICLES OF INCORPORATION OF THE FRIENDS OF SAN BERNARDINO
PARKS, RECREATION AND OPEN SPACES FOUNDATION
A California Nonprofit Public Benefit Corporation
ARTICLE I
The name of this corporation shall be the Friends of San Bernardino Parks,
Recreation and Open Space Foundation.
ARTICLE II
Section 1.This corporation is a nonprofit public benefit corporation and is not
organized for the private gain of any person. It is organized under the Nonprofit Public
Benefit Corporation Law for charitable purposes.
Section 2.The specific purpose of this corporation is to support the City of San
Bernardino Parks Recreation and Community Services Department by raising funds for its
existing and future programming and undertaking any programs and projects which will
serve the above purpose.
ARTICLE III
The name and address in the State of California of this corporation’s agent of service
is the City of San Bernardino Parks, Recreation and Community Services Director, Lydie
Gutfeld, 290 North D Street, San Bernardino, California 92401.
ARTICLE IV
The street and mailing address for the principal office of the corporation shall be
located at 290 North D Street, San Bernardino, California 92401.
ARTICLE V
Section 1.This corporation is organized and operated exclusively for Parks,
Recreation and Open Space purposes within the meaning of Section 501(c)(3) of the Internal
Revenue Code.
Section 2.No substantial part of the activities of this corporation shall consist of
carrying on propaganda or otherwise attempting to influence legislation and the corporation
shall not participate or intervene in any political campaign (including the publishing or
distribution of statements) on behalf of any candidate for public office.
Section 3. Notwithstanding any other provision of these articles, the corporation shall
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not carry on any other activities not permitted to be carried on:
a) by a corporation exempt from Federal income tax under Section 501(c)(3) of the
Internal Revenue Code of 1986 or the corresponding provision of any future
United States Internal Revenue law; or
b) by corporation contributions to which are deductible under Section 170(c)(2) of
the Internal Revenue Code of 1986 or the corresponding provision of any future
United State Internal Revenue law.
ARTICLE VI
The property of this corporation is irrevocably dedicated to the City of San Bernardino
Parks, Recreation and Community Services Department purposes and no part of the net
income or assets of this corporation shall ever inure to the benefit of any director, officer, or
member thereof, or to the benefit of ay private person. Upon the dissolution or winding up of
the corporation, its assets remaining after payment, or provision for payment, of all debts
and liabilities of this corporation shall be distributed to the City of San Bernardino exclusively
for Parks, Recreation and Open Space purposes.
Date
(Signature of Incorporator)
Lydie Gutfeld, Parks, Recreation and
Community Services Director
(Name and Title of Incorporator)
I hereby declare that I am the person who executed the foregoing Articles of
Incorporation, which execution is my act and deed.
(Signature of Incorporator)
Lydie Gutfeld, Parks, Recreation and
Community Services Director
(Name and Title of Incorporator)
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BYLAWS OF THE FRIENDS OF SAN BERNARDINO PARKS, RECREATION
AND OPEN SPACES FOUNDATION
A California Nonprofit Public Benefit Corporation
ARTICLE I: NAME AND LEGAL BASIS
(a) The name of this corporation shall be the "Friends of San Bernardino Parks,
Recreation and Open Space Foundation" (herein referred to as the "Foundation").
(b) The organization is formed and operated on a nonprofit basis; no part of any
earning and no dividends or other profits shall accrue to the benefit of any member or
individual.
(c) The Foundation may carry out its purposes, as described below, under any
other name or names which may be approved from time to time by the Board of Directors.
ARTICLE II: OFFICES
The principal office for the transaction of the business of the Foundation ("principal
executive office") is located at the San Bernardino Parks, Recreation and Community
Services Administrative Office, 201-A North E St, San Bernardino, California, 92401. The
Board of Directors may change the principal office from one location to another by
resolution. Any change of this location shall not be deemed an amendment of these
Bylaws.
ARTICLE Ill: OBJECTIVES AND PURPOSES
Within the meaning of Section 509(a)(3)(A) of the Internal Revenue Code of 1954,
as amended, the Regulations thereunder, and the corresponding provision of any
applicable future United States Internal Revenue Law and Regulations, the Foundation
exists to:
(a)Operate exclusively for charitable, literacy, or educational purposes,
including but not limited to: merchandising; soliciting and receiving contributions, gifts,
endowments, or bequeaths in any negotiable form; banking or investing receivables; and
distributing assets for the benefit of the Foundation.
(b)Undertake any programs or projects to assist the City of San Bernardino
Parks, Recreation and Community Services Department and that the City of San
Bernardino Parks, Recreation and Community Services Director deems appropriate and
advisable.
(c)To engage in any lawful act or activity for which nonprofit corporations may
be organized and conducted in the State of California for the benefit of the City of San
Bernardino Parks, Recreation and Community Services Department.
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To accomplish these purposes, the Foundation may, without limitation, receive,
hold, and disburse gifts, bequests, devises, and other funds; and may own, maintain, or
lease suitable real estate and buildings, or any personal property necessary for these
purposes; and may enter into, make, perform, and carry out contracts of any kind for
any lawful purpose without limit as to amount. All above activities, projects, and programs,
once approved by the Board of Directors, will be implemented by the Parks, Recreation
and Community Services Director.
In carrying out such purpose, the Foundation shall not, in any manner, be utilized
to discharge any obligation of the City of San Bernardino. The support, promotion, and
advancement afforded by this Foundation shall be in addition to, and supplementary to,
any other programs sponsored by the City of San Bernardino.
ARTICLE IV: NONPARTISAN ACTIVITIES
The Foundation exists under the California Nonprofit Public Benefit Corporation
Law for the public and charitable purposes described above, and it shall be nonprofit and
nonpartisan. No substantial part of the activities of the Foundation shall consist of the
publication or dissemination of materials with the purpose of attempting to influence
legislation. The Foundation shall not participate or intervene in any political campaign
on behalf of any candidate for public office.
The Foundation shall not, except in an insubstantial degree, engage in any
activities or exercise any powers that are not in furtherance of the purposes described
above.
ARTICLE V: DEDICATION OF ASSETS
The properties and assets of the Foundation are irrevocably dedicated to public,
educational, or charitable purposes. No part of the net earnings, properties, or assets of
the Foundation, on dissolution or otherwise, shall inure to the benefit of any private person
or individual, or any member or director of the Foundation. On liquidation or dissolution,
all properties and assets and obligations shall be distributed and paid over to an
organization dedicated to charitable purposes, provided that the organization continues
to be dedicated to the exempt purposes as specified in the Internal Revenue Code Section
501(c)(3).
ARTICLE VI: MEMBERSHIP
The Foundation shall have no members other than the Board of Directors. The
Board shall, under any statute or rule of law, be the members of this Foundation and shall
have all rights and powers members would otherwise have.
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ARTICLE VII: BOARD OF DIRECTORS
Section 1. General Corporate Powers. Subject to the provisions of the California
Nonprofit Corporation Law and any limitations in the Articles of Incorporation and these
Bylaws relating to action required to be approved by the members, the business and
affairs of the Foundation shall be managed, and all corporate powers shall be exercised,
by or under the direction of the Board of Directors.
Section 2. Specific Powers. Without prejudice to these general powers, and
subject to the same limitations, the Board of Directors shall have the power to:
(a)Select and remove all officers of the Foundation; prescribe any powers and
duties for them that are consistent with the law, with the Articles of Incorporation, and
with these Bylaws.
(b)Adopt rules of procedure not inconsistent with the terms of this Foundation.
(c)Change the principal executive office or the principal business office in the
State of California from one location to another; cause the Foundation to be qualified to
do business in any other State, territory, dependency, or country and conduct business
within or outside the State of California; and designate any place within or outside the
State of California for the holding of any members' meeting or meetings, including annual
meetings.
(d) Borrow money and incur indebtedness on behalf of the Foundation, and
cause to be executed and delivered for the Foundation's purposes, in the corporate name,
promissory notes, bonds, debentures, deeds of trust, mortgages, pledges,
hypothecations, and other evidences of debt and securities.
(e) Delegate the performance of any duties or exercise of any powers to such
officers or agents as may from time to time by resolution be designated.
Section 3. Number of Directors. The authorized number of at-large directors
shall consist of seven (7) directors unless changed by amendment to these Bylaws. The
exact number of directors shall be fixed, within those limits, by a resolution adopted by
the Board of Directors. Any change in the number of directors shall be made by resolution.
In addition, the City of San Bernardino Parks, Recreation and Community Services
Director, serving as the Chief Executive Officer of the Foundation, and the Finance
Director serving as the Chief Fiscal Officer of the Foundation, shall serve as ex officio
members of the Board of Directors.
Section 4. Terms and Selection of Directors. Each at-large Director shall serve
a minimum of four (4) years. The City of San Bernardino Parks, Recreation and
Community Services Director (Chief Executive Officer) and the City of San Bernardino
Finance Director (Chief Fiscal Officer) shall serve as ex officio members of the Board of
Directors.
The City Council or its designee shall appoint at least five (5) but no more than
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seven (7) members of the Board of Directors through an application and selection
process. Each director shall hold office for a term of four (4) years and until his or her
successor shall have been selected and qualified. Terms shall be staggered in such a
way that a minimum of one director is appointed each year. The initial terms of office
for directors may be less than two years to avoid the need for appointing or reappointing
all directors in the same year.
Section 5. Vacancies. All vacancies occurring because of the expiration of terms
or for other reasons shall be filled by the Board of Directors through an application and
selection process. A vacancy or vacancies in the Board of Directors shall be deemed to
exist on the occurrence of the death, resignation, or removal of any director. Any person
selected to fill a vacancy on the Board of Directors shall hold office for the remaining of his
or her predecessor in office, subject to the power of removal contained herein.
(a)Resignations. Except as provided in this paragraph, any director may
resign, which resignation shall be effective on giving written notice to the President, the
Secretary, or the Board of Directors, unless the notice specifies a later time for the
resignation to become effective. If the resignation of a director is effective at a future time,
the resignation becomes effective then. No director may resign when the Foundation
would then be left without a duly elected director or directors in charge of its affairs.
(b)No Vacancy or Reduction of Number of Directors. No reduction of the
authorized number of directors shall have the effect of removing any director before that
director's term of office expires.
(c)Removal of Directors by City Council. The City Council may remove any
director without cause by a majority vote of the City Council.
(d)Removal of Directors by Board of Directors. Directors may forfeit their
positions on the Board if they have three consecutive absences without good cause and
a majority of the remaining directors vote to remove such directors. Such action by the
Board of Directors may be taken at any meeting of such Board upon the initiative of any
director. The proceedings of the Board of Directors in such matters shall be approved
by the City Council.
ARTICLE VIII: BOARD OF DIRECTORS MEETINGS
Section 1. Regular Meetings.
1)Annual Meeting of the Foundation. The Board of Directors shall
conduct an annual meeting in the month of June, at which the Board shall, at a minimum:
present a summary of the events and activities of the year; present an Annual Financial
Report of the receipts and expenditures, and the state of the monies and property of the
Foundation; present and adopt a budget for the upcoming fiscal year; and elect officers
of the Board for the ensuing year.
2)Other Regular Meetings. Other regular meetings of the Board of
Directors may be held at such days and times as the Board of Directors may from time to
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time designate on at least a quarterly basis.
(b)Special Meetings. Special meetings of the Board of Directors for any
purpose may be called at any time by the President, or any Vice President, or any two
directors.
Section 3. Notice of Meeting.
(a) Written notice of every regular meeting shall be given each at-large Director
at least seven (7) days before each meeting. Notice may be delivered personally by mail
or by e-mail to the last known address of the addressee and, if mailed, is complete upon
mailing. Written notice of any meeting shall also be given pursuant to this subsection to
any person who requests such notice in writing.
(b) An agenda listing the matters to be considered at each meeting shall be
given to each Director, and to any person so requesting at least seven (7) days before the
meeting.
Section 4. Place of Meeting. Meetings of the Board of Directors shall be held at
the Foundation’s principal office, and from time to time, at any place within the City of San
Bernardino, which has been designated by resolution of the Board or by written consent
of all members of the Board.
Section 5. Open Meetings. All meetings of the Board of Directors shall be open
and public, and all persons shall be permitted to attend any meeting of the Board.
Section 6. Quorum. A majority of the total number of directors constitutes a
quorum to transact any business. Every act or decision done or made by a majority of
the directors present at a meeting duly held at which a quorum is present shall be regarded
as the act of the Board of Directors, subject to the provisions of the California Nonprofit
Corporation Law, especially those provisions relating to (i) approval of contracts or
transactions in which a director has a direct or indirect material financial interest, (ii)
creation of and appointments to committees of the Board, and (iii) indemnification of
directors. A meeting at which a quorum is initially present may continue to transact
business, notwithstanding the withdrawal of directors, if any action taken is approved by
at least a majority of the required quorum for that meeting.
Section 7. Manner of Acting. The act of the majority of the directors present at
a meeting which a quorum is present shall be the act of the directors.
Section 8. Voting. Each director shall be entitled to cast one vote on each matter
submitted to a vote of the directors.
Section 9. Proxy. There shall be no proxy voting permitted for the transaction of any
of the business of the Foundation.
Section 10. Minutes of Meeting and Conduct. Regular minutes of the meetings
of the Board of Directors shall be kept in a book/journal for that purpose. The President of
the Board shall preside at meetings of the Board of Directors. The Board of Directors may
adopt its own rules of procedure to supersede Rosenberg’s Rules of Order, insofar as
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such rules are not inconsistent with, or in conflict with, these Bylaws, the Articles of
incorporation of the Foundation, or with the law.
Section 10. Compensation and Expenses. No Director shall receive any salary
or other similar compensation for any services as director, however the Board of Directors
may authorize the reimbursement of actual and necessary expenses incurred by
individual Directors performing duties as Directors.
ARTICLE IX: OFFICERS
Section 1. Officers. The officers of the Foundation shall be a President, a Vice-
President, and a Secretary.
Section 2. Appointment of Officers. The Board of Directors shall elect the officers
of the Foundation from among the members of the board at its Annual Meeting in June.
Each officer shall serve a term of one year or until the appointment of his or her
replacement. Officers may serve additional terms if approved by the Board.
Section 3. Removal of Officers. The Board of Directors may remove any officer,
with or without cause, at any regular or special meeting of the Board.
Section 4. Vacancies in Offices. In the event of a vacancy in any office due to
death, resignation, removal, or disqualification, the Board of Directors shall appoint any
director to serve the remaining term of the vacated office, through an application and
selection process.
Section 5. Responsibilities of Officers.
(a)President. The President shall preside over meetings of the Board. The
President shall execute, with the Secretary, in the name of the Foundation all deeds,
bonds, contracts, and other obligations and instruments authorized by the Board of
Directors to be executed. The President, with assistance from the City of San Bernardino
Parks, Recreation and Community Services Director, shall present a budget for approval
of the Board at the annual meeting. The President shall have such other powers and
duties as may be prescribed by the Board of Directors or the Bylaws. The President shall
have a vote on all matters.
(b)Vice President. In the absence or disability of the President, the Vice
President shall perform all the duties of the President, and when so acting shall have all
the powers of, and be subject to, all the restrictions upon, the President. The Vice
Presidents shall have such other powers and perform such other duties as from time to
time may be prescribed for them respectively by the Board of Directors or the President.
(c)Secretary. The Secretary shall be responsible for following:
1)Agendas. The secretary shall prepare the agendas for the meetings.
2)Book of Minutes. The Secretary shall keep or cause to be kept, a
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book of minutes of all meetings and actions of directors and committees of directors, with
the time and place of holding, whether regular or special, and, if special, how
authorized, the notice given, the names of those present at such meetings, the number of
directors present or represented at meetings, and the proceedings of such meetings. In
case of absence or disability of the Secretary or his or her refusal or neglect to act, such
notices may be provided by the President, the Vice-President, or by the Board of Directors,
and shall discharge such other duties a pertain to the office or as prescribed by the Board
of Directors. Copies of the minutes of the Board of Directors and of the committees shall
be regularly distributed to each member of the Board of Directors.
3)Records. The secretary shall keep, or cause to be kept the names
and addresses of all directors.
4)Notices and Other Duties. The Secretary shall give, or cause to be
given, all required notices of the meetings of the Board of Directors. The Secretary shall
have such other powers and perform such other duties as may be prescribed by the Board
of Directors or the Bylaws.
ARTICLE X:_ CHIEF EXECUTIVE OFFICER
Section 1. Appointment. The City of San Bernardino Parks, Recreation and
Community Services Director shall serve as the Chief Executive Officer of the Foundation
beginning on the date the Board of Directors adopts these Bylaws.
Section 2. Responsibilities. The Chief Executive Officer shall:
(a) Serve as the chief executive and administrative officer of the Foundation;
(b) Implement the policies and programs set forth by the Board of Directors;
(c) Coordinates and oversees the activities of the Foundation;
(d) Monitor day-to-day Foundation operations;
(e) Report to the Board of Directors on a regular basis regarding Foundation
activity updates;
(f) Sell, lease or exchange any Foundation personal, mixed, or real property
as may be directed by the Board of Directors;
(g)Shall execute and deliver deeds, assignments, transfers, mortgages
pledges, leases, covenants, promissory notes, releases, and other instruments, sealed or
unsealed, incident to any transaction in which the Foundation engages.
(h)Present, with assistance from the Chief Fiscal Officer, a Foundation budget
for approval of the Board at the annual meeting.
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ARTICLE XI:_ CHIEF FISCAL OFFICER
Section 1. Appointment. The Finance Director of the City of San Bernardino
shall serve as the Chief Fiscal Officer of the Foundation beginning on the date the Board
of Directors adopts these Bylaws.
Section 2. Responsibilities.
(a)Fiscal Year – the fiscal year of the Foundation shall begin on the first day of
July and end on the last day of June in each year.
(b) Books of Account - The Chief Fiscal Officer shall keep and maintain, or
cause to be kept and maintained, adequate and correct books and records of the
properties and business transactions of the Foundation, including accounts of its assets,
liabilities, receipts, disbursements, gains, losses, capital, retained earnings, and other
matters customarily included in financial statements.
(c) Deposit and Disbursement of Money and Valuables - The Chief Fiscal
Officer shall deposit all money and other valuables, including donations, in the name and
to the credit of the Foundation with such depositories as may be designated by the Board
of Directors; shall disburse the funds of the Foundation as may be ordered by the Board
of Directors; shall render to the President and Directors, an account of all transactions
and the financial condition of the Foundation; and shall have other powers and perform
such other duties as may be prescribed by the Board of Directors or the Bylaws.
(d) Investment of Funds - The Chief Fiscal Officer shall invest and reinvest the
distributable income of the Foundation on deposit with the Chief Fiscal Officer in such
property, real, personal, or mixed, as deemed advisable by the Chief Fiscal Officer. Unless
a restricted donation provides otherwise, "distributable income" means the total holdings
of the Foundation, principle, and interest, less $2,500, which shall serve as the minimum
holding of the Foundation. No principal or income shall be loaned to the Chief Fiscal
Officer or to any director officer, or person that has at any time made a contribution to the
Foundation. In any event, loans shall be made on the basis of an adequate interest charge
and with adequate security.
(e) Borrowing - The Chief Fiscal Officer shall borrow money as directed by the
Board of Directors and authorized by resolution.
(f) Annual Report - The Chief Fiscal Officer shall prepare an Annual Report to
the Board of Directors not later than 180 days after the close of the Foundation’s fiscal
year. Such report shall contain in appropriate detail the following information, duly certified
by the Chief Fiscal Officer:
1)Assets and liabilities, including trust funds of the Foundation as of the
end of the fiscal year;
2)Principal changes in assets and liabilities, including trust funds, during
the fiscal year;
3)Revenue or receipts of the Foundation, both restricted and unrestricted
to particular purposes, for the fiscal year;
4)Expenses or disbursements of the Foundation, for both general and
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restricted purposes, during the fiscal year; and
5)Any information as required by California Corporations Code, Section
6322.
ARTICLE XII: COMMITTEES
Section 1. Committees of Directors. The Board of Directors may designate one
or more committees of directors, each consisting of two or more directors, to serve at the
pleasure of the Board. Such committees shall be designated by resolution. Any
committee, excepting advisory committees, shall have all the authority of the Board to the
extent provided in the resolution of the Board, except that no committee regardless of
Board resolution may:
(a)Take any final action on matters which, under the Nonprofit Corporation
Law of California, requires approval of the entire Board;
(b)Fill vacancies in any committee;
(c)Amend or repeal Bylaws or adopt new Bylaws;
(d)Amend or repeal any resolution of the Board of Directors which by its
express terms is not so amendable nor repealable;
(e)Appoint any other committees of the Board of Directors or the members of
these committees;
(f)Approve any the following types of transactions: (1) transactions in which one
or more directors have a material financial interest; (2) transactions between the Foundation
and one or more of its directors; or transactions between the Foundation and any person
in which one or more of its directors have a material financial interest.
Section 2. Executive Committee.
(a)The Board of Directors may establish an Executive Committee. If so
established, the Executive Committee shall be chaired by the President and shall consist
of the President, Vice-President, and Secretary, and immediate past-President, if the
immediate past-President is not holding another office. The Executive Committee shall
have the power to act between meetings of the entire Board, to make recommendations
to the Board, to pay bills of the Foundation, to approve contracts and purchase orders on
behalf of the Board, not to exceed $5,000 per contract or purchase, answer legal and
taxing authority correspondence, and to accept gifts, bequests, endowments, grants,
and donations less than $50,000. Authority remains with the Board and any interim
action must be ratified by the Board at its next meeting.
(b)Meetings of the Executive Committee shall be governed by, and held and
taken in accordance with these Bylaws, concerning meetings of directors, with such
changes in the context of those Bylaws as are necessary to substitute the committee for
the Board of Directors, except that the time for regular meetings of committees may be
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determined either by resolution of the Board of Directors or by resolution of the committee.
Minutes shall be kept of each meeting of the Executive Committee and shall be filed with
the corporate records.
Section 3. Advisory Committees. The Board of Directors may establish one or
more advisory committees, each comprised of two or more directors, but no more than a
majority of the total number of directors, to serve at the pleasure of the Board. Such
committees shall be established by resolution. These advisory committees shall act only
in an advisory capacity to the Board of Directors and shall be clearly titled as "advisory''
committees.
ARTICLE XII: INDEMNIFICATION OF DIRECTORS, OFFICERS AND OTHER AGENTS
Section 1. Right of Indemnity. To the fullest extent permitted by law, this
Foundation shall indemnify its Directors, Officers, employees, and other persons
described in Section 5238 (a) of the California Corporations codes, including persons
formerly occupying such position, against all expenses, judgments, fines, settlements, and
other amounts actually and reasonably incurred by them in connection with any
“proceeding,” as that term is used in that Section, and including any action by or in the
right of the Foundation, by reason of the fact that the person is or was a person described
in that Section. “Expenses,” as used by this bylaw, shall have the same meaning as in
Section 5238 (a) of the California Corporations Code.
Section 2. Insurance. The Board of Directors shall adopt a resolution authorizing
the purchase and maintenance of insurance on behalf of the Foundation’s Officers,
Directors, employees, and other agents, against any liability asserted against or incurred
by the Officer, Director, employee, or agent in such capacity or arising out of the Officer’s,
Director’s, employee’s or agent's status as such, whether or not this Foundation would
have the power to indemnify the agent against that liability.
ARTICLE XIII: CHECKS, CONTRACTS, LOANS, AND GIFTS
Section 1. Execution of Checks and Drafts. All checks, drafts, or other orders
for payment of money, notes, or other evidences of indebtedness, issued in the name of
or payable to the Foundation, shall be signed or endorsed by agent or agents of the
Foundation (authorized City of San Bernardino personnel), including the Chief Fiscal
Officer.
Section 2. Execution of Contracts. The Board of Directors, except as otherwise
provided in these Bylaws, may authorize any officer or agent to enter into any contract or
execute any instrument on behalf of the Foundation. Such authority may be general or
confined to specific instances. Unless so authorized by the Board of Directors, or these
Bylaws, no person shall have any power or authority to bind the Foundation by any
contract or to pledge its credit to render it liable for any purpose or to any amount.
Section 3. Loans. The Board of Directors shall not make any loan of money or
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property to or guarantee the obligation of any Director or Officer, unless approved by the
Attorney General.
Section 4. Borrowing. No loan shall be contracted on behalf of the Foundation
and no evidence of indebtedness shall be issued in its name unless authorized by a
resolution of the Board of Directors.
Section 5. Gifts. The Board of Directors may, at their discretion, accept on behalf
of the Foundation, any contribution, gift, bequest, or device for the general purpose of for
any specific purpose of the Foundations.
ARTICLE XIV: CONFLICT OF INTEREST
No member of the Board of Directors shall be financially interested in any contract
or other transaction entered into by the Board of Directors, and any contract or transaction
entered into in violation of this is void. No director may utilize information obtained by
reason of Board membership for personal gain, and the Board of Director may recover
any such gain realized.
ARTICLE XV: MAINTENANCE OF RECORDS AND AMENDMENTS
Section 1. Maintenance of Records. The Foundation shall keep the original or a
copy of the Articles of Incorporation, these Bylaws as amended to date, the accounting
books, records, and minutes of proceedings of the Board of Directors and any committees
of the Board of Directors at the principal executive office of the Foundation or such place
or places designated by the Board of Directors by resolution.
Section 2. Amendment of Articles of Incorporation. The Board of Directors may
amend the Articles of Incorporation by resolution by a two-thirds vote of the Board of
Directors. Notwithstanding the above, this Foundation shall not amend its Articles of
Incorporation to alter any statement that appears in the original Articles of Incorporation of
the names and addresses of the first Directors of this Foundation, nor the name and
address of its initial agent, except to correct an error in such statement or to delete such
statement after the Foundation has filed a "Statement by a Domestic Non-Profit
Corporation" pursuant to Section 6210 of the California Nonprofit Corporation Law.
Section 3. Amendment of Bylaws. Amendments of these Bylaws may be
adopted by resolution of the Board of Directors approved by two-thirds of the quorum
present at such meeting.
Section 4. Rules. The Board of Directors may adopt, amend, or repeal rules not
inconsistent with these Bylaws for the management of the internal affairs of the
Foundation, and the governance of its officers, agents, committees, and employees.
ARTICLE XVI: DISSOLUTION
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The Foundation shall continue in perpetuity, unless it is dissolved by a two-thirds
vote of the Board of Directors and a resolution of the City of San Bernardino City Council.
Upon such dissolution, the assets of the Foundation shall revert to the City of San
Bernardino, to be distributed exclusively for purposes that are consistent with the purpose
of the Foundation.
ARTICLE XVII: MEMBERSHIP
The Foundation shall have no members within the meaning of the California
Nonprofit Corporation Law. Any action which would otherwise require approval by such
members shall require approval of the Board of Directors and the City of San Bernardino
City Council.
ARTICLE XVIII: CONSTRUCTION AND DEFINITIONS
Unless the context requires otherwise, the general provisions, rules of construction,
and definitions in the California Nonprofit Corporation Law shall govern the construction of
these Bylaws. Without limiting the generality of the above, the masculine gender includes
the feminine and neuter, the singular number includes the plural, the plural number
includes the singular, and the term "person" includes both a corporation and a natural
person.
ARTICLE XIX: CERTIFICATE OF SECRETARY
A Certificate of the Secretary of this Foundation shall be affixed to the original, or
most recent amended version of the Bylaws, such Certificate to be in the following form:
CERTIFICATION OF SECRETARY
I DO HEREBY CERTIFY AS FOLLOWS:
That I am the duly elected, qualified and acting Secretary of the above named
Foundation, that the foregoing BYLAWS were adopted by the Directors of said
Foundation as the BYLAWS said Foundation on (date), and by the members on (date).
IN WITNESS THEREOF, I have hereunto set by hand this (day) of (month).
Board Secretary
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community
Services
Department:Parks, Recreation, & Community Services
Subject:Accept Grant Award for Lytle Creek Park and
Community Center Renovations
Recommendation:
Adopt Resolution No. 2024-017 of the Mayor and City Council of the City of San
Bernardino, California:
1. Accepting a grant award in the amount of $1,000,000 from the San Manuel
Band of Mission Indians for renovations to Lytle Creek Park and Community
Center.
2. Authorizing the City Manager, or designee, to conduct all negotiations, signings,
and submittal of all necessary documents to receive the grant award.
3. Authorizing the Director of Finance and Management Services to amend the
FY2023/24 Budget to appropriate $1,000,000 in grant funding for the Lytle
Creek Park and Community Center Renovation projects.
Executive Summary
Accept grant funding in the amount of $1,000,000 from San Manuel Band of Mission
Indians for Lytle Creek Park and Community Center renovation projects in FY 2023/24.
Project renovations will include repairs and upgrades to the park restrooms and gazebo
shelter as well as the community center flooring, interior painting, and new furniture.
Background
In November 2023, the City of San Bernardino Parks, Recreation and Community
Services Department was invited to submit a proposal for grant funds by the San
Manuel Band of Mission Indians. Staff assessed the needs of various parks and facility
locations and realized the funding could effectively address the needs at Lytle Creek
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Park and Community Center.
San Manuel Band of Mission Indians maintains a philanthropic giving arm that provides
grant support directed to non-profit and public organizations operating in San
Bernardino and Riverside counties, as well as Las Vegas. The City has a long-standing
partnership with San Manuel where oftentimes city projects are awarded grant funds
that closely align with their pillars of giving: Inspiring Our Future through Education,
Preserving Cultural Traditions & Empowering Indian Country, Empowering Lives, and
Reinforcing Safe and Resilient Communities.
Discussion
The primary objective of the proposed project is to focus on the high-priority
communities and the need for improvements to city parks. Improvements to Lytle
Creek Park and Community Center in particular will allow engagement emphasized in
recreation centers and surrounding park spaces. With upgraded indoor and outdoor
amenities, Lytle Creek Park users will have a more welcoming community center in
which programs will be introduced for all ages to participate. Lytle creek has seen a
major uptick in drop-in attendance (up 40% since December 2022) due to small
improvements completed inside the community center. With additional upgrades
possible with this funding, the community center will re-engage all ages to come inside
and improve quality of life through our programs and services.
Lytle Creek Park, a cherished space for community gatherings and activities, faces
several challenges that hinder its full potential. The public restroom, a vital amenity,
has been closed due to damage caused by transients and criminal activities. The
Gazebo/picnic shelter, a popular outdoor space, requires essential upgrades such as
new posts, an improved roof, and modern lighting options to maximize its utility for
various events. Community Center Renovations include new seating for the game
room, upgraded flooring with a durable finish, repainting the entire building for a fresh
and inviting atmosphere, replacing old and damaged ceiling tiles, and purchasing a
wall partition for effective space management. Additionally, the project will invest in
new furniture throughout the facility, including tables, chairs, and blinds for the
windows. The installation of above-door fans will mitigate the issue of flies entering
through the automatic doors, which is a much-needed improvement to address the
nuisance and ensure a clean environment.
The proposed renovations at Lytle Creek Community Center and Park represent a
comprehensive approach to creating a space that not only meets the immediate needs
of the community but also fosters a sense of belonging and well-being for all residents.
By addressing both outdoor and indoor elements, we aim to transform Lytle Creek into
a vibrant and inclusive hub for recreational, educational, and community-building
activities. While an exact timeline or detail of renovation details is not available at this
time, staff is committed to providing an update to the Mayor and City Council in the
next three months that will include prioritized needs for repair and estimated timelines
for completion.
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2021-2025 Strategic Targets and Goals
This project is consistent with the Key Target No. 2: Focused, Aligned Leadership and
Unified Community through the opportunity to improve city parks, increase community
engagement and involvement in city-run recreation activities, and Key Target No. 3:
Improved Quality of Life through encouraging active lifestyles and crime reduction
through built environment and increased community visibility.
Fiscal Impact
There is no fiscal impact to the general fund for this project. The budget for fiscal year
2023/24 shall be amended to recognize $1,000,000 from San Manuel Band of Mission
Indians in grant funding for the Lytle Creek Park and Community Center Renovation
Project.
Conclusion
Adopt Resolution No. 2024-017 of the Mayor and City Council of the City of San
Bernardino, California:
1. Accepting a grant award in the amount of $1,000,000 from the San Manuel Band of
Mission Indians for renovations to Lytle Creek Park and Community Center.
2. Authorizing the City Manager, or designee, to conduct all negotiations, signings,
and submittal of all necessary documents to receive the grant award.
3. Authorizing the Director of Finance and Management Services to amend the
FY2023/24 Budget to appropriate $1,000,000 in grant funding for the Lytle Creek Park
and Community Center Renovation projects.
Attachments
Attachment 1 – Resolution No. 2024-017 Lytle Creek Park and Community Center
Renovation Project Award
Attachment 2 – Lytle Creek – Ward 3 Funding Proposal November 2023
Attachment 3 – San Bernardino Grant Agreement – Lytle Creek CC Park
Ward:
Third Ward
Synopsis of Previous Council Actions:
N/A
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Resolution No. 2024-017
Resolution 2024-017
January 17, 2024
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RESOLUTION NO. 2024-017
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACCEPTING A GRANT AWARD IN THE AMOUNT OF
$1,000,000 FROM THE SAN MANUEL BAND OF MISSION
INDIANS FOR RENOVATIONS TO LYTLE CREEK PARK
AND COMMUNITY CENTER, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO CONDUCT ALL
NEGOTIATIONS, SIGNINGS, AND SUBMITTAL OF ALL
NECESSARY DOCUMENTS TO RECEIVE THE GRANT
AWARD, AND AUTHORIZING THE DIRECTOR OF
FINANCE AND MANAGEMENT SERVICES TO AMEND
THE FY2023/24 BUDGET TO APPROPRIATE $1,000,000 IN
GRANT FUNDING FOR THE LYTLE CREEK PARK AND
COMMUNITY CENTER RENOVATION PROJECTS.
WHEREAS, the City of San Bernardino Parks, Recreation and Community Services
Department was invited to submit a proposal for grant funding in November 2023,and
WHEREAS, City staff assessed the needs of various parks and facility locations and
identified Lytle Creek Park and Community Center as the project proposal site; and
WHEREAS, the Proposed renovations at Lytle Creek Park and Community Center
represent a comprehensive approach to creating a space that meets the needs of the community
and fosters a sense of belonging and well-being for all residents; and
WHEREAS, the San Manuel Band of Mission Indians notified staff in December 2023 of
a $1,000,000 grant award for the Lytle Creek Park and Community Center Renovation Projects.
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. Authorize the City Manager to accept the grant award in the amount of
$1,000,000 from San Manuel Band of Mission Indians for renovations to Lytle Creek Park and
Community Center.
SECTION 3. Authorize the City Manager, or his designee, to conduct all negotiations,
signings, and submittal of all necessary documents to receive the grant award.
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Resolution No. 2024-017
Resolution 2024-017
January 17, 2024
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SECTION 4. Authorize the Director of Finance and Management Services to amend the
FY2023/24 Budget to appropriate $1,000,000 in grant funding for the Lytle Creek Park and
Community Center renovation projects.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 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 17th day of January 2024.
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. 2024-017
Resolution 2024-017
January 17, 2024
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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. 2024-017, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of January 2024.
Genoveva Rocha, CMC, City Clerk
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Proposal for Lytle Creek Park and Community Center Upgrades
Ward 3
Dear Mr. Ustation
The City of San Bernardino is embarking on a mission to revitalize and upgrade the Lytle
Creek Community Center and Park, a vibrant 17.9-acre recreational haven located at
380 S K St, San Bernardino, CA 92410.
This transformative project aims to elevate the park experience for all residents, with a
particular focus on serving the diverse and underserved population in the area. By
addressing key areas, both indoors and outdoors, we aspire to create a welcoming
environment that enhances the health and well-being of individuals across all age
groups and abilities.
Current Challenges:
Lytle Creek Park, a cherished space for community gatherings and activities, faces
several challenges that hinder its full potential. The public restroom, a vital amenity, has
been closed due to damage caused by transients and criminal activities. Furthermore,
the Gazebo/picnic shelter, a popular outdoor space, requires essential upgrades such as
new posts, an improved roof, and modern lighting options to maximize its utility for
various events.
Proposed Enhancements:
1.Restroom Renovation $550,000.
Prefabricated restroom. Male/Female ADA accessible.
Addressing security concerns with the newly implemented park ranger program.
Upgrading the restroom facilities to meet the needs of the community and ensure a safe
and clean environment for all users.
2.Gazebo/Picnic Shelter Upgrade: $250,000.
Rehab/renovation. Not a new structure.
Installing new posts and upgrading the roof for increased stability and longevity.
Introducing solar or LED lighting to enhance safety and extend the usability of the space
into the evening.
Promoting the Gazebo as a versatile, outdoor gathering spot for celebrations, meetings,
and community events.
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Proposal for Lytle Creek Park and Community Center Upgrades
Ward 3
Indoor Renovations at Lytle Creek Community Center:
Afterschool Program Enhancements:
Utilizing the recently awarded CAPS grant to introduce engaging and interactive
afterschool programs. Focusing on three main areas: new painting, ADA-compliant
restroom upgrades, and improved shelving in multipurpose rooms and classrooms.
3. General Facility Improvements: $155,000
•Introducing new seating for the game room to enhance comfort and encourage
social engagement.
•Upgrading the flooring to vinyl wood for a modern and durable finish.
•Repainting the entire building for a fresh and inviting atmosphere.
•Replacing ceiling tiles to improve aesthetics and functionality.
•Purchasing a wall partition for effective space management between
programming and storage.
4. Enhanced Amenities: $45,000
Investing in new furniture throughout the facility, including tables, chairs, and blinds for
windows.
Installing above-door fans in each room to mitigate the issue of flies entering through
automatic doors.
Conclusion:
The proposed renovations at Lytle Creek Community Center and Park represent a
comprehensive approach to creating a space that not only meets the immediate needs
of the community but also fosters a sense of belonging and well-being for all residents.
By addressing both outdoor and indoor elements, we aim to transform Lytle Creek into
a vibrant and inclusive hub for recreational, educational, and community-building
activities. Your support in funding these vital enhancements will contribute significantly
to the overall health and vitality of the San Bernardino community.
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RESTRICTED GRANT AGREEMENT
San Manuel Band of Mission Indians
and
City of San Bernardino
Lytle Creek Community Center and Park Improvements
This Restricted Grant Agreement (this "Agreement") is entered into and made
effective this December 15, 2023 (the "Effective Date") by and between the San Manuel Band
of Mission Indians, a federally recognized Indian tribe located on the San Manuel Indian
Reservation at 26569 Community Center Drive, Highland, CA, 92346 ("Tribe"), and the City
of San Bernardino, a municipal government located at 290 North D Street, San Bernardino, CA
92401 (“Grantee”). Tribe, on the one hand, and Grantee, on the other hand, are each referred
to herein individually as a “Party” and together as the “Parties.”
I. GRANTEE'S STATUS. This grant is specifically conditioned upon Grantee’s status as
an eligible grantee of Tribe in accordance with this Section. Grantee represents and warrants that
it operates a fund that is a tax-exempt under Section 170 (b)(1)(v) of the Internal Revenue Code
of 1986, as amended (hereinafter the “Code”), because Grantee is a governmental unit as defined
by Section 170(c)(1) of the Code. Grantee represents and warrants that it is not a private
foundation as defined in Section 509(a) of the Code. Grantee will notify Tribe immediately of
any actual or proposed change in its tax status during the Grant Period (as defined below).
II. PURPOSE OF GRANT. The Parties acknowledge and agree that the purpose of Tribe's
Grant (as defined below) is to provide funding for renovations and upgrades to the Lytle Creek
Community Center and Park in Ward 3 of the City of San Bernardino (hereinafter "Grant
Project"). The Grant (as defined below) is made only for renovations related to Lytle Creek
Community Center and park improvements, including ADA accessible restroom addition,
gazebo/picnic shelter upgrades, and indoor improvements associated with the Center’s
afterschool enrichment program as described in this Agreement. The grant funds, which includes
any interest earned on the funds (hereinafter collectively referred to as "Grant"), may not be
used for any other purpose without prior written approval from Tribe.
III. OBJECTIVES OF GRANT PROJECT
Grantee shall undertake and complete Grant Project within eighteen (18) months of the
Effective Date unless Tribe agrees in writing to alternative timelines.
IV. AMOUNT AND PAYMENT OF GRANT. The Parties agree the Grant amount is One
Million Dollars ($1,000,000.00), payable upon Grantee's request within 15 days of Tribe's receipt
of the fully executed Agreement, and that said Grant shall be used solely to fund renovations to
Lytle Creek Community Center and Park in the City of San Bernardino.
V. PERIOD OF GRANT; TERM OF AGREEMENT. The Grant will be applied to fund the
renovations of Lytle Creek Community Center and Park of San Bernardino for the period from
Effective Date through completion of the Grant Project or within eighteen (18) months of
Effective Date, whichever first occurs ("Execution Period").
VI. TERMS AND CONDITIONS OF GRANT. Grantee agrees that the Grant is subject to
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the following conditions:
a. Expenditure of Grant Funds.
1.Use of Funds. Grantee will spend the Grant only for the purposes of funding
the Grant Project as described above.
2.Payment of Funds to Related Parties of Tribe. No part of the Grant may be
paid to any director, officer, employee or citizen (or their family members) of Tribe for any
purpose.
b. Return of Funds. Grantee shall return to Tribe any and all Grant funds if Tribe
determines in its reasonable discretion that either of the following apply:
1.Grantee has not performed in accordance with this Agreement; or
2.Any portion of the Grant is not used for the Grant Project.
c. Records, Audits, Site Visits. The Grant provided by Tribe will be accounted for
separately in Grantee's books and records. A systematic accounting record shall be kept by
Grantee of the receipt and disbursement of the Grant. Grantee will retain original substantiating
documents related to restricted Grant expenditures and make these records available for Tribe's
review upon 10 days prior written request. As a material term of this Agreement Grantee agrees
to maintain adequate financial records pertaining to the Grant for a minimum of three years after
completion of the Grant Project, and acknowledges that Tribe may require Grantee to produce
written documentation related to the Grant expenditures in a format appropriate to be forwarded
by Tribe to the State of California in order to comply with Compact requirements, and Grantee
agrees to timely comply with any such request. Tribe, or a designated representative, reserves
the right, upon written notice, to conduct a site visit and/or audit Grantee's books and records
relating to the expenditure of the Grant.
d. Reports. Grantee will submit a brief written summative report confirming
completion of the Grant Project within sixty (60) days following the end of the Execution Period.
e. Expenditures. Expenditures of the Grant must be made substantially in
accordance with Section VI. Any material changes will be subject to Tribe's prior written
approval.
f. Licensing and Credentials. Grantee will maintain, in full force and effect, all
required governmental or professional licenses and credentials for itself, its facilities, and for its
employees and all other persons engaged in work in conjunction with the Grant.
g. Management and Organizational Changes. Grantee will provide immediate
written notice to Tribe if significant changes or events occur during the Execution Period which
could potentially impact the progress or outcome of the Grant Project, including, without
limitation, changes in Grantee's management personnel or losses of funding from any other
sources.
h. Termination. Either Party hereto may terminate this Agreement upon not less
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than thirty (30) days' prior written notice to the other for failure on the part of such Party to
perform a material obligation hereunder, or for a breach of such Party's representation or
warranty made in this Agreement. Tribe may terminate this Agreement upon not less than thirty
(30) days' prior written notice to Grantee for (i) Grantee's change in the fundamental mission,
or (ii) Grantee's implication in an event, or series of events, of such notoriety or opprobrium
that the continuation of this Agreement has or will have a negative impact upon Tribe, its image
or reputation, or (iii) Grantee's inability to fulfill the requirements for payment set forth herein.
In the event of any termination of this Agreement, Grantee shall return all Grant funds received
excluding all expenditures and contractual encumbrances consistent with this Agreement and
incurred by Grantee in reliance on this Agreement.
If Tribe terminates this Agreement due to Grantee's breach hereof, Grantee will remove
all signage and other identification from the facilities and all other places, things and sites
wherever there are references to Tribe (collectively, "All Identification"), at Grantee's sole cost
and expense.
Under all events of termination hereunder, the removal of All Identification will be
completed as soon as reasonably practical, but in no event later than thirty (30) days after the
notice of termination. The foregoing rights and remedies are cumulative of, and in addition to,
any rights, remedies or recourses to which the terminating party may be entitled at law or in
equity.
i. Public Reporting and Media. In recognition of the Grant it is the Parties'
understanding that Grantee will express its appreciation and provide recognition publicly to
Tribe. The Parties will mutually agree in advance on the manner of presentation and contents of
such public recognition. Grantee will also disseminate to the public, by using established
channels of communication, pertinent information relating to the results, findings or methods
developed through the Grant.
j. Knowing Assumption of Obligations. Grantee acknowledges that it understands
its obligations imposed by this Agreement.
k. Terrorist Activity. Grantee represents and warrants that it does not support or
conduct, directly or indirectly, violence or terrorist activity of any kind.
I. Identification of Tribe. Grantee shall ensure that Tribe is clearly identified as a
funder or supporter of Grantee in all published material relating to the subject matter of the
Grant. All proposed external communications by Grantee regarding the subject matter of the
Grant or the Tribe shall be submitted first to Tribe for its review and written approval.
m. Ownership and Use of Marks.
1.License. Grantee acknowledges and agrees that Tribe is the owner of all right,
title and interest in and to Tribe's name and logo (collectively its "Marks") and that Grantee's
use of the Marks pursuant to this Agreement inures to the benefit of Tribe. Tribe hereby grants
Grantee a non-exclusive and non-transferable license, without the right to sublicense, to use the
Marks solely in connection with providing recognition of the Grant pursuant to this
Agreement. Grantee will have no rights in or to the Marks, except as expressly granted
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herein. Tribe expressly reserves to itself all rights in and to the Marks not expressly granted to
Grantee pursuant to this Agreement. The manner and use of the Marks shall comply with all
federal and state laws pertaining to trade names, trademarks and service marks in force at any
time and shall clearly indicate Tribe's ownership of the Marks as requested and approved by
Tribe.
2.Approval Rights. All uses of the Marks by Grantee are subject to the prior
written approval of Tribe. Grantee will submit to Tribe for approval, at least ten (10) business
days prior to its intended first use, all materials which contain the Marks (whether in print
media, direct mail, television, radio, internet, email, billboard or in any other form, media or
channel). Tribe will have the right to review and approve any copy containing reference to
Tribe or including the Marks prior to its use by Grantee. Tribe will use its reasonable efforts to
promptly review materials sent by Grantee for approval and will not unreasonably withhold or
delay its approval. In no event shall Grantee make any unapproved changes to the Marks.
n. Selection of Subgrantees. With regard to the selection of any subgrantees to carry
out the purposes of the Grant, Grantee retains full discretion and control over the selection
process, acting completely independently of Tribe. There is no agreement, written or oral, by
which Tribe may cause Grantee to choose any particular subgrantee.
o. No Agency. Grantee is solely responsible for all activities supported by the
Grant, the content of any product created with the Grant, and the manner in which any such
product may be disseminated. This Agreement will not create any agency relationship,
partnership, or joint venture between the Parties, and Grantee will make no such representation
to anyone.
p. Remedies. If Tribe determines, in its reasonable discretion, that Grantee has
substantially violated or failed to carry out any provision hereof, including but not limited to
failure to submit reports when due, Tribe may, in addition to any other legal remedies it may
have, refuse to make any further Grant payments to Grantee hereunder or any other grant
agreement, and Tribe may demand the return of all or part of the Grant funds not properly spent
or committed to third parties, which Grantee will immediately repay to Tribe. Tribe may also
avail itself of any other remedies available at law.
q. Waiver of Claims and Indemnification. Grantee waives any and all claims and
recourse against Tribe, including the right of contribution for loss or damages to persons or
property arising from, growing out of, or in any way connected with or incidental to fulfillment
of the terms and conditions specified in this Agreement. Additionally, Grantee will indemnify,
defend, protect and hold Tribe and its officers, managers, members, employees, agents and
representatives, harmless from any cost, expense, claim, demand, liability and/or damage,
including reasonable attorney's fees and costs ("Claims"), arising out of or in connection with,
in whole or in part, (i) any false or misleading representation made by Grantee, its agents,
employees or delegated representatives in connection with this Agreement, (ii) its breach of any
term of this Agreement, (iii) the performance of Tribe's obligations pursuant to this Agreement,
or (iv) any claims or actions brought by third parties, including, but not limited to, parties set
forth below. Grantee further waives any and all Claims to the extent resulting from, relating to or
arising out of (i) the facilities where programs are delivered and/or the operational activities of
Grantee therein, including, without limitation, any disputes by, between or among participants,
users, guests, or any other attendees and Grantee (or Grantee's respective agents, subcontractors
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(if any), and employees) or its products and services, any personal injuries sustained by any
person at or in connection with the facilities where programs are delivered, and/or any
agreements with third parties entered into by Grantee or its agents in connection with the
operation of the same facilities, or (ii) the negligent acts or omissions or willful misconduct of
Grantee or its agents, subcontractors (if any), or employees in connection with the subject matter
of this Agreement, except to the extent those Claims are directly caused by the negligence or
willful misconduct of Tribe or its agents or employees.
The obligations of this Section VI (q) shall survive until the expiration of the statute of
limitations applicable to the event giving rise to the Claims.
r. Notices. All notices, requests, demands, or other communication permitted or
required to be given under this Agreement shall be in writing and shall be deemed given or made
when sent by United States certified or registered mail, return receipt requested and postage
prepaid, or by a nationally recognized overnight courier, delivery fee prepaid, and in either case
to the persons and at the addresses specified below:
If to Tribe:
Chief Intergovernmental Affairs Officer
San Manuel Band of Mission Indians
26569 Community Center Drive
Highland, CA 92346
If to Grantee:
Lydie Gutfeld
Director of Parks and Recreation
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
The persons and addresses set forth above, from time to time, may be changed by written
notice sent as aforesaid to the other Party.
s. Captions. All captions and headings in this Agreement are for the purposes of
reference and convenience only. They shall not limit or expand the provisions of this
Agreement.
t. Entire Agreement; Amendments and Modifications. This Agreement constitutes
the entire agreement of the Parties with respect to the subject matter hereof and supersedes any
and all prior and contemporaneous oral, written and other agreements between the Parties. This
Agreement may not be amended or modified, except in a writing signed by both Parties.
u. Governing Law/ Jurisdiction. This Agreement shall at all times be governed by
and construed in accordance with the laws of the State of California applicable to agreements
made in California. Nothing in this Agreement shall be construed as a waiver of Tribe's
immunity to unconsented suit.
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v. Non-Assignment. The Parties agree that none of the provisions of this Agreement
shall be assigned or delegated to any other person or entity without the prior written consent of
the other Party, which consent will be in the Party's sole and absolute discretion.
w. Successors and Assigns. The Parties agree that this Agreement shall be binding
upon them and each of their respective successors and permitted assigns.
x. Amendment. This Agreement may only be amended in a writing signed by each
of the Parties hereto.
y. Waiver. No waiver hereunder will be valid unless set forth in a writing signed by
the Party to be bound thereby. Neither the failure nor any delay on the part of either Party to
exercise any right or remedy under this Agreement shall operate as a waiver thereof.
z. Force Majeure. Each of the Parties shall be excused from performing its
obligations under this Agreement if its performance is delayed or prevented by any event
beyond such Party's reasonable control, including, but not limited to, acts of God, earthquake,
fire, explosion, weather, disease, war, insurrection, civil strife, riots government actions, or
power failure, provided that such performance shall be executed only to the extent of and during
such disability.
aa. Severability. In the event any portion of this Agreement or any amendments or
addenda hereto shall be held illegal, void or ineffective, the remaining portions hereof shall
remain in full force and effect. If any of the terms or conditions of this Agreement is in conflict
with any applicable statute or rule of law, then such term or condition shall be deemed
inoperative to the extent that it may conflict therewith and shall be deemed to be modified to
conform to such statute or rule of law.
bb. Counterparts. This Agreement may be executed in two or more counterparts,
each of which is deemed an original, but all of which taken together shall constitute one and the
same instrument.
The Parties have executed this Agreement as of the date first written above.
SAN MANUEL BAND OF MISSION INDIANS CITY OF SAN BERNARDINO
By: ___________________________________ By: __________________________
Name: Name:
Title: Title:
Dan D'Arrigo
CFO
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lydie Gutfeld, Director of Parks, Recreation, & Community
Services
Department:Parks, Recreation, & Community Services
Subject:Approve the Purchase of a Mobile Diesel Generator
Through the Home and Community Based Services
(HCBS) Senior Nutrition Infrastructure Grant Program
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-018 to:
1. Accept and approve Request for Quotation (RFQ) F-23-77 for the purchase of
a mobile diesel generator through the Home and Community Based Services
Senior Nutrition Infrastructure Grant Program (HCBS-NI);
2. Authorize the City Manager to execute the Vendor Services Agreement (VSA)
between the City of San Bernardino and Bell Electrical Supply Co., Inc. for the
purchase of a new mobile towable diesel generator; and
3. Authorize the Director of Finance to issue a purchase order in the amount of
$136,089 to Bell Electrical Supply Co., Inc.
Executive Summary
The Parks, Recreation and Community Services Department has received vendor
quotes for RFQ F-23-77 for the purchase of a new mobile towable diesel generator in
the amount of $136,089. The generator will be purchased with HCBS-NI Grant Award
funds of $304,846, accepted and approved by the Mayor and City Council at a previous
Meeting. The generator will allow the continuation of the Older Californians Nutrition
Program meal service during a power outage.
Background
The City of San Bernardino is a congregate meal provider serving the San Bernardino
community seniors, 60 years of age and older, through the Older Californians Nutrition
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Program at six congregate sites: 5th Street Senior Center, Perris Hill Senior Center,
Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life
Center, and Highland Senior Center. The City prepares meals at the 5th Street Senior
Center and delivers meals daily. The City provides approximately 60,000 meals
annually to an estimated 250 recipients.
The Older Californians Nutrition Program is supported by funding received from the
County of San Bernardino Department of Aging and Adult Services – Public Guardian
(DAAS-PG). The City, as a nutrition provider, was contacted by County DAAS-PG and
given the opportunity to submit a proposal for additional funding through the Home and
Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program
(HCBS-NI). The HCBS-NI Grant Program’s purpose is to enhance, expand, and
increase senior nutrition throughout San Bernardino County through capacity and
infrastructure improvements. On December 13, 2022, the City was awarded $304,846
for various meal capacity and infrastructure improvements.
Discussion
The City has been steadily purchasing off the list of items funded by the HCBS-NI
Grant. On occasion, either through a natural disaster or other potential emergency,
such as risk of wildfire during extreme heat, and potentially dangerous weather
conditions to prevent the electrical system from becoming an ignition source, Southern
California Edison will turn off power. To prepare for these outages or emergencies, the
City needs a portable generator to continue meal preparation at the 5th Street Center
that houses a commercial food preparation and cooking kitchen. Additionally, a
generator is needed to keep the integrity of frozen and refrigerated goods from spoilage
and prevent delivery delays at other nutrition sites.
On November 1, 2023, a formal RFQ process (RFQ F-23-77) was initiated to solicit
quotes for the purchase of a new mobile towable diesel generator for the 5th Street
Senior Center. Notices were posted through PlanetBids, as well as to a potential bidder
list provided by the Fleet Division. The closing date for the RFQ was November 14,
2023. The City received the following quotes:
NAME OF QUOTER CITY AND
STATE
QUOTE
AMOUNT
Bell Electrical Supply Co., Inc.Woodside, NY $136,088.13
Ramsey-Bliese Corp, DBA Leete Generators Santa Rosa, CA $145,817.40
Blue Angel International LLC Berkeley, CA $156,012.75
After a review of the three quotes, staff determined that Bell Electrical Supply Co., Inc.
is the lowest quoter and meets the minimum requirements of the quote specifications
and guidelines. Based on the above information, Bell Electrical Supply Co., Inc. is the
most responsive quoter, and staff recommends the VSA be awarded to Bell Electrical
Supply Co., Inc.
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2021-2025 Strategic Targets and Goals
Adoption of this Resolution aligns with Strategic Target No. 1: Improved Operational &
Financial Capacity by utilizing an awarded grant fund source to enhance, expand, and
increase senior nutrition services into the future and Strategic Target No. 3: Improved
Quality of Life by providing the necessary capacity and infrastructure improvements to
serve low-cost nutritious meals for the senior-aged population during a power outage.
Fiscal Impact
There is no impact on the general operating budget as funds are currently allocated
for purchases of the Older Californians Nutrition Program infrastructure needs. There
is currently $145,890 of budget remaining in account 123-380-8995*5704 to support
this item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-018 to:
1. Accept and approve Request for Quotation (RFQ) F-23-77 for the purchase of
a mobile diesel generator through the Home and Community Based Services
Senior Nutrition Infrastructure Grant Program (HCBS-NI);
2. Authorize the City Manager to execute the Vendor Services Agreement (VSA)
between the City of San Bernardino and Bell Electrical Supply Co., Inc. for the
purchase of a new mobile towable diesel generator; and
3. Authorize the Director of Finance to issue a purchase order in the amount of
$136,089 to Bell Electrical Supply Co., Inc.
Attachments
Attachment 1 - Resolution 2024-018, HCBS-NI Grant Mobile Diesel
Generator Purchase
Attachment 2 - RFQ F-23-77 & Quotes-Mobile Diesel Generator
Attachment 3 - VSA - Bell Electrical Supply Co Inc, Mobile Diesel
Generator
Ward:
All Wards
Synopsis of Previous Council Actions:
January 18, 2023 The Mayor and City Council adopted Resolution No. 2023-
014 to accept and allocate additional grant funds for the
Senior Nutrition Program from the Home and Community
Based Services (HCBS) Senior Nutrition Infrastructure Grant
Program in the amount of $304,846.
Packet Page. 729
Resolution No. 2024-018
Resolution 2024-018
January 17,2023
Page 1 of 3
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RESOLUTION NO. 2024-018
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, TO ADOPT RESOLUTION NO. 2024 - TO ACCEPT
AND APPROVE RFQ F-23-77 FOR THE PURCHASE OF A MOBILE DIESEL
GENERATOR THROUGH THE HOME AND COMMUNITY BASED SERVICES
SENIOR NUTRITION INFRASTRUCTURE GRANT PROGRAM (HCBS-NI);
AUTHORIZE THE CITY MANAGER TO EXECUTE THE VENDOR SERVICES
AGREEMENT FOR BELL ELECTRICAL SUPPLY CO., INC. BETWEEN THE CITY
OF SAN BERNARDINO AND BELL ELECTRICAL SUPPLY CO., INC. FOR THE
PURCHASE OF A NEW MOBILE TOWABLE DIESEL GENERATOR; AND
AUTHORIZE THE FINANCE DIRECTOR TO ISSUE A PURCHASE ORDER IN THE
AMOUNT OF $136,089 TO BELL ELECTRICAL SUPPLY CO., INC.
WHEREAS, The City of San Bernardino is contracted (County Contract #22-666) with
the San Bernardino County Department of Aging and Adult Services (DAAS) as one of eight (8)
nutrition providers in the County; and
WHEREAS, The Parks, Recreation and Community Services Department submitted a
Grant Proposal upon invite to the San Bernardino County DAAS for consideration for funding
from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant
Program (California Department of Aging, Mello-Granlund Older Californians Act) to enhance,
expand, and increase senior nutrition infrastructure in California; and
WHEREAS, on December 14, 2022, San Bernardino County Department of Aging and
Adult Services (DAAS) issued a Letter of Grant Award – Older Californians Nutrition Program
(California Department of Aging for Home and Community Based services Senior Nutrition
Infrastructure Funding) to the City of San Bernardino; and
WHEREAS, on November 1, 2024, a formal RFQ process (RFQ F-23-77) was initiated to
solicit quotes for the purchase of one mobile towable diesel generator for the 5th Street Senior
Center Older Californians Nutrition Program. The HCBS-NI Grant Program funds shall be
expended by December 31, 2024.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby accept
and approve RFQ F-23-77 for the purchase of a mobile diesel generator with funds from the Home
and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program.
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Resolution No. 2024-018
Resolution 2024-018
January 17,2023
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SECTION 3. The City Manager is hereby authorized to execute the Vendor Services
Agreement for Bell Electrical Supply Co., Inc.
SECTION 4. The Finance Director is hereby authorized to issue a purchase order to Bell
Electrical Supply Co., Inc. in the amount of $136,089.
SECTION 5.That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this 17th day of January 2024.
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. 2024-018
Resolution 2024-018
January 17,2023
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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. 2024-___, adopted at a regular meeting held on the ___ day of _______ 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 732
Vendor Services Agreement
VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND BELL ELECTRICAL SUPPLY CO., INC.
This Agreement is made and entered into as of January 17, 2024 by and between
the City of San Bernardino, a charter city and municipal corporation organized and
operating under the laws of the State of California with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Bell Electrical
Supply Co., Inc., a corporation with its principal place of business at 6908 Queens Blvd.,
Woodside, NY 11377 (hereinafter referred to as “Consultant”). City and Consultant are
hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of vendor
services for the following project:
Senior Nutrition Program mobile Diesel Generator Purchase (hereinafter referred to as
“the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide
such services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in
the Scope of Services attached hereto as Exhibit “A.”
3. Vendor Practices. All vendor services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant’s performance of this Agreement. Consultant further represents that no
City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services
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in accordance with the Schedule of Charges set forth in Exhibit “A.”
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement (Project Procurement) exceed the sum of $136,089
(one hundred thirty six thousand and eighty nine dollars). This amount is to cover all
related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the
total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives
said invoice. The invoice shall describe in detail the services performed and the
associated time for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as “Additional Services” and shall identify
the number of the authorized change order, where applicable, on all invoices.
5.Additional Work. If changes in the work seem merited by Consultant or the
City, and informal consultations with the other party indicate that a change is warranted,
it shall be processed in the following manner: a letter outlining the changes shall be
forwarded to the City by Consultant with a statement of estimated changes in fee or time
schedule. An amendment to this Agreement shall be prepared by the City and executed
by both Parties before performance of such services, or the City will not be required to
pay for the changes in the scope of work. Such amendment shall not render ineffective
or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Additionally, no price increases will be permitted during the first year of this Agreement,
unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services as set forth in Exhibit “A,” unless the Agreement is
previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times for a period
of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the
City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
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a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such circumstances
include a Force Majeure Event. A Force Majeure Event shall mean an event that
materially affects the Consultant’s performance and is one or more of the following: (1)
Acts of God or other natural disasters occurring at the project site; (2) terrorism or other
acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals
by governmental authorities that are required for the services); and (4) pandemics,
epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall,
within a reasonable time of being prevented from performing, give written notice to the
other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Consultant to any additional compensation regardless of the Party responsible for the
delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes
and regulations of the federal, state and local government, including Cal/OSHA
requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining
and maintaining all permits required of Consultant by federal, state and local regulatory
agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/
or removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance
with generally accepted practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the industry currently practicing under
similar conditions. Consultant’s performance shall conform in all material respects to the
requirements of the Scope of Work
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at
all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
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interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this
Agreement, obtain and maintain during the term of this Agreement a valid business
registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and
any and all other licenses, permits, qualifications, insurance, and approvals of whatever
nature that are legally required of Consultant to practice his/her profession, skill, or
business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the
written consent of the City, which may be withheld for any reason. Any attempt to so
assign or so transfer without such consent shall be void and without legal effect and shall
constitute grounds for termination. Subcontracts, if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement. Nothing contained herein shall
prevent Consultant from employing independent associates and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent
contractor and is not an employee of City. No employee or agent of Consultant shall
become an employee of City. The work to be performed shall be in accordance with the
work described in this Agreement, subject to such directions and amendments from City
as herein provided. Any personnel performing the work governed by this Agreement on
behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has
provided evidence satisfactory to the City it has secured all insurance required under this
section. In addition, Consultant shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’
policies of commercial general liability and automobile liability insurance using the
endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
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(ii) Coverage for Commercial General Liability insurance shall be
at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; (3) products/completed operations liability; or (4) contain
any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(vi) The general liability program may utilize either deductibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury
and property damage including coverage for owned, non-owned and hired vehicles, in a
form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
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(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City
as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during
the term of this Agreement, at all times during the performance of the work under this
Agreement, the Consultant shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Consultant shall require all
subconsultants to obtain and maintain, for the period required by this Agreement, workers’
compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the
City and in an amount indicated herein. This insurance shall be endorsed to include
contractual liability applicable to this Agreement and shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant. “Covered Professional Services” as designated in the policy must specifically
include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer
shall maintain privacy/network security insurance, in a form and with insurance
companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3)
denial or loss of service, and (4) the introduction, implantation or spread of malicious
software code.
g. Aviation and/or Drone Liability Not Applicable
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
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Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation/Drone Liability Not Applicable
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. Any available coverage shall
be provided to the parties required to be named as Additional Insured pursuant to this
Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or qualified
representative of the insurer and shall certify the names of the insured, any additional
insureds, where appropriate, the type and amount of the insurance, the location and
operations to which the insurance applies, and the expiration date of such insurance.
j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any
such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
renewal certificate(s) including the General Liability Additional Insured Endorsement to
the City at least ten (10) days prior to the effective date of cancellation or expiration.
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(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Consultant’s policy is primary insurance
and that any insurance, self-insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made
policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives
its own right of recovery against City, and shall require similar written express waivers
and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to
transact in the business of insurance in the State of California, or otherwise allowed
to place insurance through surplus line brokers under applicable provisions of the
California Insurance Code or any federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the City, is not intended to and shall not in any manner limit or qualify the liabilities
and obligations otherwise assumed by the Consultant pursuant to this Agreement,
including, but not limited to, the provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary, and any premium paid by City will be promptly reimbursed by
Consultant or City will withhold amounts sufficient to pay premium from Consultant
payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
m. Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the City as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by Consultant, City may approve different scopes or
minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of
the Consultant’s services, the Project, or this Agreement, including without limitation the
payment of all damages, expert witness fees, attorneys’ fees and other related costs and
expenses. This indemnification clause excludes Claims arising from the sole negligence
or willful misconduct of the City. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, the City Council, members
of the City Council, its employees, or authorized volunteers. Consultant’s indemnification
obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless
arises out of Consultant’s performance as a “design professional” (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation
shall be limited to the extent which the Claims arise out of, pertain to, or relate to the
Packet Page. 741
negligence, recklessness, or willful misconduct of the Consultant in the performance of
the services or this Agreement, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well
as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on certain “public works” and “maintenance” projects. If the Services are
being performed as part of an applicable “public works” or “maintenance” project, as
defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such
Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and
all subcontractors to comply with all California Labor Code provisions, which include but
are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration
of the Project and require the same of any subconsultants, as applicable. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of state and
federal law respecting the employment of undocumented aliens, including, but not limited
to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or federal court situated in the
County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
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In such event, City shall be immediately given title and possession to all original field
notes, drawings and specifications, written reports and other documents produced or
developed for that portion of the work completed and/or being abandoned. City shall pay
Consultant the reasonable value of services rendered for any portion of the work
completed prior to termination. If said termination occurs prior to completion of any task
for the Project for which a payment request has not been received, the charge for services
performed during such task shall be the reasonable value of such services, based on an
amount mutually agreed to by City and Consultant of the portion of such task completed
but not paid prior to said termination. City shall not be liable for any costs other than the
charges or portions thereof which are specified herein. Consultant shall not be entitled
to payment for unperformed services and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services
under this Agreement upon thirty (30) calendar days’ written notice to City only in the
event of substantial failure by City to perform in accordance with the terms of this
Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by
the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and
expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City
shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City’s representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant’s services occurs, Consultant shall, at no cost
to City, provide all other services necessary to rectify and correct the matter to the sole
satisfaction of the City and to participate in any meeting required with regard to the
correction.
24. Prohibited Employment. Consultant shall not employ any current employee
of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and become
the property of the City.
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27. Organization. Consultant shall assign Anthony Baek as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the
prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post
Office, certified mail, return receipt requested, postage prepaid, addressed to the
following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Bell Electrical Supply Co., Inc.; Anthony
Baek, President
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or
other interests protected by the State or Federal Constitutions. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the
entire understanding of City and Consultant as to those matters contained herein, and
supersedes and cancels any prior or contemporaneous oral or written understanding,
promises or representations with respect to those matters covered hereunder. Each
Party acknowledges that no representations, inducements, promises, or agreements
have been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
determination shall not affect the validity or enforceability of the remaining terms and
Packet Page. 744
provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Consultant shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations without
the prior written consent of City. Any attempted assignment without such consent shall
be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall
in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
or to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ
other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid, nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no official, officer
or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
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42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are formally bound to the provisions of
this Agreement.
43. Electronic Signatures. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND BELL ELECTRICAL SUPPLY CO., INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles A. Montoya
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
Name
Title
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EXHIBIT “A”
PROPOSED SCOPE OF PROJECT/EQUIPMENT SERVICES
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor,
coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform
and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The
following is a non-inclusive description of the project work and/or goods to be provided.
PROCUREMENT of One(1) Generac Mobile Towable Diesel Generator, 120kW/150kVA
(Prime), MDG150DF4-STD3 w/MTG060 Trailer Specifications or equivalent to…
10-amp battery charger spare tire and carrier
Battery Disconnect LoJack vehicle recovery system
Positive air shut-off Electronic
Cam locks quad set female
Buck transformer
Superstar Generator-MDG150
Superstar Generator-MDG175
Superstar Generator-MDG250 includes PMG
3 Position Phase switch-MDG250
4 Position Phase switch-MDG150 & MGD175
4 Position Phase switch-MGD250
PMG generator
DVR2000E+ (includes Required PMG)
Paralleling – includes DVR2000E+& PMG
Cold Climate
60/40 coolant block heater ccv heater includes buck transformer clutch fan heated fuel filter
Fuel Liquid Containment – double wall tank w/engine fluid containment
Trailer
Rear stabilizer jacks
Fire ext. 5lb. fire extinguisher
Storage – aluminum storage box – tongue mount
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community
Services
Department:Parks & Recreation & Community Services
Subject:Accept the RFP 22-39 Youth Enrichment Programs
Award for Fiscal Year 2023/2024
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt resolution 2024-019:
1. Authorizing the City Manager, or his designee, to accept the award for RFP
No. 22-39 Youth Enrichment Programs for an amount not to exceed $145,000
through Fiscal Year 2023/2024;
2. Authorizing the City Manager, or his designee, to conduct all negotiations,
signing, and submittals of necessary documents to receive RFP awards; and
3. Authorizing the Director of Finance and Management Services to amend the
budget in both revenue and expenditures by $145,000 and appropriate the
funds for Fiscal Year 2023/2024.
Executive Summary
The Parks, Recreation, and Community Services Department received notification of
intent to award RFP No. 22-39 Youth Enrichment Programs for a total amount not to
exceed $145,000 through Fiscal Year 2023/2024 from the San Bernardino City Unified
School District. The RFP funds will be used to pay for materials, supplies, equipment,
facility rental, and staff salaries related to the operations of the Rec SCENE afterschool
program pass.
Background
The San Bernardino City Unified School District (SBCUSD) has an Average Daily
Attendance (ADA) of approximately 47,000 students, is located in central San
Bernardino County, and serves a diverse geological area of approximately 105 square
Packet Page. 749
miles. The SBCUSD consists of small schools in rural mountain and foothill
communities and larger suburban schools in valley flatland areas. The district operates
49 elementary schools, 11 middle schools, and 10 high schools. In addition, SBCUSD
operates a continuation school, community day school, independent study schools,
charter schools, and adult education and preschool programs.
SBCUSD announced a Request for Proposals for Youth Enrichment Programs to
provide services to SBCUSD students before and/or after school, summer sessions,
and intersessions. The proposed program must integrate with the regular school day
and other expanded learning opportunities while providing a safe physical and
emotional environment, opportunities for relationship building, and promotion of active
student engagement.
The Parks, Recreation, and Community Services Department submitted a proposal for
RFP No. 22-39 on June 1, 2023, and an Intent to Award notice was received by staff
on September 10, 2023, with a deadline to submit documents to finalize the bid on
September 22, 2023.
Discussion
The Parks, Recreation, and Community Services Department staff discussed the
opportunity to propose additional after-school programs for youth attending a SBCUSD
school. Staff created multiple proposals for a variety of programming including, but not
limited to swim lessons, tap dance, robotics camp, creative arts, video production and
content creation, bowling, multi-sport programs, and karate. Department staff created
a recreation pass, named Rec SCENE, which will allow participants to participate in
multiple programs and activities offered through the department, and included it as part
of the proposal.
The Rec SCENE will be an afterschool program that will aim to focus on:
R-Recreation
E-Education
C-Culture
By encouraging youth to:
S-Socialize with others
C-Create memories
E-Enrich their minds and bodies
N-Navigate life skills through problem solving
E-Engage in their communities
Rec SCENE afterschool program will include activities and classes such as art
classes, robotics, content creator classes, karate, sports clinics, tap dance, e-sports,
bowling, and flag football. Hundreds of SBCUSD students will have access to the
Rec SCENE program. The costs for the Rec SCENE operations are fully
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reimbursable upon receipt of invoices each month that will be sent to the District by
department staff.
2021-2025 Strategic Targets and Goals
This request aligns with Strategic Target No. 1: Improved Operational & Financial
Capacity since the grant will focus on providing funding for transportation, program
operations, and the associated capacity costs. This request also aligns with Strategic
Target No. 2: Focused, Aligned Leadership and Unified Community by providing
service learning, career pathways, and leadership opportunities. Lastly, this request
aligns with Strategic Target No. 3: Improved Quality of Life by increasing the ability of
residents in underserved areas and improving their health and wellness through
educational and outdoor recreational activities.
Fiscal Impact
There is no General Fund impact with this item. The FY 2023/24 operating budget
will be amended by $145,000 in both revenues and expenditures
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt resolution 2024-019:
1. Authorizing the City Manager, or his designee, to accept the award for RFP
No. 22-39 Youth Enrichment Programs for an amount not to exceed $145,000
through Fiscal Year 2023/2024;
2. Authorizing the City Manager, or his designee, to conduct all negotiations,
signing, and submittals of necessary documents to receive RFP awards; and
3. Authorizing the Director of Finance and Management Services to amend the
budget in both revenue and expenditures by $145,000 and appropriate the
funds for Fiscal Year 2023/2024.
Attachments
Attachment 1 Resolution 2024-019
Attachment 2 RFP No. 22-39 Contract – City of San Bernardino
Parks, Recreation and Community Services
Attachment 3 RFP No 22-39 Proposal – City of San Bernardino
Parks, Recreation and Community Services
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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Resolution No. 2024-019
Resolution 2024-019
January 17, 2024
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RESOLUTION NO. 2024-019
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO ACCEPT THE AWARD FOR RFP NO. 22-39 YOUTH
ENRICHMENT PROGRAMS FOR AN AMOUNT NOT TO
EXCEED $145,000 ANNUALLY FOR FY 2023-2024;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO CONDUCT ALL NEGOTIATIONS, SIGNING, AND
SUBMITTALS OF NECESSARY DOCUMENTS TO
RECEIVE RFP AWARDS; AND AUTHORIZING THE
DIRECTOR OF FINANCE AND MANAGEMENT SERVICES
TO AMEND THE BUDGET TO APPROPRIATE THE RFP
FUNDS FOR FY 2023-2024.
WHEREAS, the San Bernardino City School District announced their request for
proposals for Youth Enrichment programs for District students, integrating the regular school and
other expanded learning opportunities while providing a safe physical and emotional environment,
opportunities for relationship building, and promotion of active student engagement; and
WHEREAS, the Parks, Recreation and Community Services Department submitted a
proposal for Youth Enrichment Programs on June 1, 2023 with the Rec SCENE, a recreation pass
to programs and activities for participants; and
WHEREAS, the Parks, Recreation and Community Services Department staff received an
Intent to Award letter from the San Bernardino City Unified School District for the Rec SCENE
proposal, for an amount not to exceed $145,000 annually for Fiscal Year 2023-2024.
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 City Manager or his designee
to accept the award for RFP No. 22-39 Youth Enrichment Programs for an amount not to exceed
$145, 000 annually through Fiscal Year 2023-2024.
SECTION 3. Mayor and City Council of City of San Bernardino hereby authorize the City
Manager or his designee to conduct all signings and submittals of necessary documents to receive
RFP awards.
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Resolution No. 2024-019
Resolution 2024-019
January 17, 2024
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SECTION 4. Mayor and City Council of City of San Bernardino hereby authorize the
Director of Finance and Management Services to amend the FY 2023-2024 adopted operating
budget for revenue and expenditures in the amount of $145,000 a month, for a total of $1,305,000.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-019
Resolution 2024-019
January 17, 2024
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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. 2024-019, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of January 2024.
Genoveva Rocha, CMC, City Clerk
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Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North F Street
San Bernardino, CA 92410
Agreement to Provide Youth Enrichment Programs
Expanded Learning - Creative Before and After School Programs
This Agreement is hereby entered into between the SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT hereinafter referred to as the (“DISTRICT”) with its principal place of
business located at 777 North F Street, San Bernardino, CA 91410 and City of San Bernardino
Parks, Recreation and Community Services hereinafter referred to as (“PROVIDER”) with a
mailing address of 201-A North E STreet, Suite 130, San Bernardino, CA 92401.
RECITALS:
WHEREAS, the DISTRICT is authorized by Section 53060 of the California Government Code
to contract with and employ any persons for the furnishing of special services and advice in
financial, economic, accounting, engineering, legal or administrative matters, if such persons are
specially trained and experienced and competent to perform the special services required; and,
WHEREAS, the PROVIDER itself is, or those hired by the PROVIDER are, specially trained,
experienced and competent to render the special services required by the DISTRICT, and such
services are needed on a limited basis;
NOW, THEREFORE, the DISTRICT and the PROVIDER mutually agree to enter into this
Agreement as follows:
ARTICLE I: CONTRACT
The complete contract includes all RFP documents, all of the contract documents, including the
Notice Inviting Proposals, RFP No. 22-39 Youth Enrichment Programs, Expanded Learning -
Creative Before and After School Programs, all proposal addenda, the submitted proposal, all
negotiation documents, any resultant purchase order(s), District’s Terms and Conditions, Federal
Procurement Contracts Compliance Certification Form, Special Conditions, if any, Scope of
Work, Specifications, Attachments, Exhibits, if any, this Agreement, and all modifications and
amendments thereto, and by this reference are incorporated herein. The contract documents are
complementary, and what is called for by any one shall be as binding as if called for by all.
ARTICLE II: PERIOD OF AGREEMENT
A. This Agreement is effective October 4, 2023 through June 30, 2024, unless rescinded by either
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Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC
party upon receipt of a thirty (30) day advance written notice to the other party. The term of this
agreement may be extended annually upon mutual agreement of the parties hereto, not to exceed
an accumulative five (5) years.
B. Upon a showing of good and sufficient cause by the PROVIDER, the DISTRICT may at its
discretion, grant such extensions of time as it may deem advisable or necessary to attain the
desired goals and the PROVIDER may continue the results required hereunder.
ARTICLE III: SCOPE OF WORK
The PROVIDER shall perform within the time set in the Notice to Proceed, everything required
to be performed, and shall provide and furnish all the personnel, labor, and services, as described
in all the documents of RFP No. 22-39 Youth Enrichment Programs, Expanded Learning -
Creative Before and After School Programs. Services shall be provided and performed in strict
accordance with all such requirements and provisions described in Article, 1, Contract. The
PROVIDER shall be liable to the DISTRICT for any damages arising as a result of a failure to
fully comply with this obligation.
The PROVIDER will provide an after-school youth enrichment program for District students as
further described in the proposal response to the RFP Scope of Work.
The PROVIDER’s proposal shall not be made part of this Agreement. In the event of any
conflicting terms in the exhibits, this Agreement shall control.
ARTICLE IV: COMPENSATION FOR SERVICES AND INVOICING
A. Compensation.
The DISTRICT agrees to compensate the PROVIDER for services rendered to accomplish the
results required hereunder, at a not to exceed annual cost of one hundred and forty-five thousand
dollars ($145,000.00) to be invoiced monthly in accordance with the bid sheets submitted in RFP
No. 22-39 Youth Enrichment Programs, Expanded Learning - Creative Before and After School
Programs.
The DISTRICT shall not owe any fee for services contemplated hereunder but not performed. The
DISTRICT shall make payment to the PROVIDER after the receipt and approval of an invoice.
The PROVIDER’s fee is inclusive of all services hereunder and the DISTRICT will pay no
separate amount for travel or other expenses of the PROVIDER under this Agreement.
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Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC
B. Invoices.
As part of the DISTRICT’s year end process, all invoices for services rendered during this fiscal
year must be received by the DISTRICT not later than July 15, 2024. Failure to submit invoices
by the date may result in late payment of invoice.
The Agreement number on the upper left side of this page and the purchase order number should
always be referenced in any correspondence or invoices submitted pertaining to this Agreement to
the District. The invoice shall describe in detail the services rendered and must include the
purchase order number.
The “Contract No.” on the upper left side of this page and the purchase order number should
always be referenced in any correspondence or invoices submitted pertaining to this Agreement
to the District. All invoices shall describe in detail the services rendered with supporting
documentation and must reference the agreement and purchase order number. Invoices should be
submitted to the following address to process for payment:
SBCUSD – Expanded Learning
1535 West Highland Avenue,
San Bernardino, CA 92411
(909) 880-6843
ARTICLE V: NOTICES
All notices and documents required pursuant to the terms hereof shall be in writing and may be
delivered in person or by certified or registered mail, postage paid, as follows:
Provider: District Department Contact District Purchasing Contract
Lydie Gutfeld, Director
City of San Bernardino Parks,
Recreation & Community Svc
201-A North E Street, #130
San Bernardino, CA 92401
(909) 384-5030
gutfeld_ly@sbcity.org
Ann Pearson, Director
Expanded Learning
1535 W. Highland Blvd., Rm 17
San Bernardino, CA 92411
(909) 880-6843
ann.pearson@sbcusd.k12.ca.us
Laura Cardenas, Director
Purchasing Services
777 North F Street
San Bernardino, CA 92410
(909) 381-1126
laura.cardenas@sbcusd.k12.ca.us
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Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC
ARTICLE VI: STANDARD TERMS AND CONDITIONS
This Agreement constitutes a part of a whole including the Standard Terms and Conditions.
PROVIDER understands that no one document supersedes the other but holds equal precedence
and are intended to be complementary.
ARTICLE VII: COMPLETE AGREEMENT
RFP No. 22-39, this agreement, terms on the purchase order and addenda incorporated herein by
reference, represents the entire agreement and understanding between the parties with respect to
the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
The terms of RFP No. 22-39 and this Agreement will prevail over any different or additional
terms in Respondent’s proposal unless agreed in writing by DISTRICT. Any modifications to this
Agreement shall be in writing and signed by authorized representatives of the parties.
ARTICLE VIII: PROVIDER EVALUATION AND MONITORING
The DISTRICT will monitor and evaluate the progress and performance of PROVIDER to
ensure that the terms of this Agreement are being satisfactorily met in accordance with the
program g, outcomes, and deliverables, as measured by the DISTRICT’s evaluation criteria,
compliance requirements and standards, which are set forth in the RFP Scope of Work, attached
hereto and incorporated herein by reference (“Program Goals and Compliance Requirements”).
As part of the process the DISTRICT will require the PROVIDER to provide all necessary and
relevant documentation to assist the DISTRICT in monitoring the Program Goals and Compliance
Requirements. In addition, the PROVIDER shall cooperate and permit the DISTRICT, and any
other duly authorized agent or third-party consultant of the DISTRICT, to monitor all activities
conducted by the PROVIDER pursuant to the terms of this Agreement. The designated
evaluators and monitors, shall in their sole discretion as deemed necessary or appropriate, have
access to any program data, special analyses, planning documents, formal audit examinations, or
any other reasonable procedures for purposes of monitoring PROVIDER’s performance under
this Agreement. PROVIDER will collaborate in a timely manner with the DISTRICT to resolve
issues pertaining to delivery of the services, program quality, documentation, and invoicing,
including financial restitution to the DISTRICT for any pricing or billing errors which may have
occurred during the length of the Agreement as identified in Article I.
ARTICLE IV: CONFLICT OF INTEREST
PROVIDER affirms that no PROVIDER employee or representative has participated in or
attempted to influence DISTRICT’s decision-making concerning this Agreement including (a)
influencing or attempting to influence an officer, employee, or member of the Board of
Education of the DISTRICT; or (b) making an offer for any gratuities, favors, or anything of
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Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC
monetary value to an officer, employee, or member of the Board of Education of the DISTRICT
for the purpose of influencing favorable disposition toward connection with the awarding of this
Agreement. PROVIDER acknowledges that it has read and accepts the DISTRICT policies
dealing with conflicts of interest, including BP 2710, AR 2710, and AR 2712.
ARTICLE X: AUTHORIZATION WARRANTY : The Respondent hereby represents and
warrants that the person executing this Agreement for the Respondent is an authorized agent who
has actual authority to bind the Respondent to each and every term, condition, and obligation set
forth in this Agreement; and that all requirements of the Respondent have been fulfilled to
provide such actual authority.
The DISTRICT hereby represents and warrants that the person executing this Agreement for the
DISTRICT is an authorized agent who has actual authority to bind the DISTRICT to each and
every term, condition, and obligation set forth in this Agreement; and that all requirements of the
DISTRICT have been fulfilled to provide such actual authority.
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
PROVIDER
________________________________________
Signature
__________________________________________
Print Name & Title
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
________________________________
Laura Cardenas
Director, Purchasing Department
Date: __________________________ Date: __________________________
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RFP No. 22-39 Proposal- City of San Bernardino Parks, Recreation and Community Services
Respondent Questionnaire:
Section A- General Information
1. City of San Bernardino
290 N. D St.
San Bernardino, CA 92401
Local Government Agency
2. Charles McNeely, City Manager
Edelia Eveland, Assistant City Manager
Lydie Gutfeld, Director of Parks, Recreation and Community Services
3. The City of San Bernardino was founded in 1810. Since its incorporation, the City has
strived to provide resources, services and programs to improve the quality of life of its
citizens. The city has guiding principals:
SAN BERNARDINO MAYOR AND CITY COUNCIL 2020-2025 KEY STRATEGIC TARGETS
AND GOALS
FINANCIAL STABILITY
Secure a long-term revenue source
Implement, maintain, and update a fiscal accountability plan
Create a framework for spending decisions
Minimize risk and litigation exposure
Create an asset management plan
FOCUSED, ALIGNED LEADERSHIP AND UNIFIED COMMUNITY
Develop and implement a community engagement plan
Build a culture that attracts, retains, and motivates the highest quality talent
IMPROVED QUALITY OF LIFE
Reduce the burden of homelessness through engagement, collaboration, and alignment
with other entities
Develop a customer service initiative
Constantly evaluate public safety service delivery models to enhance the quality of
service
ECONOMIC GROWTH & DEVELOPMENT
Develop a branding and marketing campaign
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Update the General Plan and Development Code
Roll out a strategy to create a 21st century urban core
WE ENVISION a world class city which capitalizes on its location, the diversity of its
people and its economy to create a broad range of choices for its residents in how they
live, work, and play.
WE ENVISION a thriving city possessing a sustainable system of high-quality education,
community health, public safety, housing, retail, recreation, arts and culture and
infrastructure.
WE ENVISION a vibrant economy with a skilled workforce that attracts employers who
seek the unique opportunities the city has to offer and provide jobs that create citywide
prosperity.
WE ENVISION a model community which is governed in an open and ethical manner,
where all sectors work collaboratively to reach shared goals.
WE ENVISION a city that is recognized as the county's business and government center
and a home for those seeking a sense of community and the best life has to offer.
The City’s Parks, Recreation and Community Services Department history goes back over
70 years!
4. Due to the last 12 years of bankruptcy and the Pandemic, the city has struggled to have
a robust after school service program at the community centers. There is a history of
afterschool CAPS programs at some of the city sites which was a major driver in the
decision to develop a proposal that would benefit both the school district students and
families and city residents.
Section B- Staffing
1. The City of San Bernardino has implemented a vigorous plan to recruit, hire and retain
part-time and full-time positions within the Parks, Recreation and Community Services
Department. This plan includes outreach to local high schools, colleges, and universities
as well as statewide searches for manager and department head positions. In addition
to outreach efforts, the Parks, Recreation and Community Services Department hosts
the “Go To Work” Job Fair in the fall semester and does hiring on site for high school
and college students in order to encourage work after school.
2. These efforts stated above have proven to be extremely successful as the staffing levels
of the department have almost doubled since their implementation in January 2022.
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For the proposal efforts, programs offered would be provided by City employees or City
Contract employees. The oversight and evaluation of each employee includes a yearly
review of services, goals and productivity. For seasonal programs, many of our current
city staff will be able to rotate to different community centers for specific class
offerings. Currently, our staffing levels are capable of handling proposed staff-led
programs, and we have current 10-99 employees that specialize in certain programming
skills such as tap dancing, karate, multi-cultural dance, and digital content creation. The
city is extremely proud of its new direction in providing innovative programming in the
area of youth enrichment programs.
3. As the city continues to develop its staffing plan for before and after school services,
there is a high priority on providing adequate training for staff involved in programming.
Specifically, workplace harassment and mandated reporter training are required of all
new city staff. Our Supervisor of Special Needs and Adaptive programs will be
developing site training for staff to begin their journey into mindfulness in programming
modifications for our individuals with special needs. In addition to the required training,
the department hosts several onsite and group training courses for each team. This
individual training will include a multitude of development options ranging from
leadership, group work, and finding alternative options for kids to socialize and feel
included in programing. Staff are encouraged to attend at least one California Park and
Recreation Society staff training consortium throughout the year. Site supervisors will
also have options to select specific needs for site training where the department
director will work to identify specialized instructors for each need.
Section C- Community Outreach
1. The Parks, Recreation and Community Services Department has worked diligently to
revitalize our community outreach efforts in the last year. Specifically, the quarterly
activity has been printed and delivered to over 70,000 households in San Bernardino.
This in addition to our extensive social media footprint has created a wonderful
communication line for the residents of the city to find programs and services from
which they can benefit. Beyond print and social, our department is also capable of
printing large banners for street signs and fence posting. These have proven effective in
busy arterials with heavy traffic during school and non-school hours. All of our
marketing in print and digital is translated into Spanish to assist with language barrios.
With these efforts, our hope it that we can also be complimented by the school district
communication to students and their families for the most comprehensive outreach
possible.
2. The City is excited to launch the REC SCENE- The REC SCENE is where youth will
participate in afterschool programs that aim to focus on:
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Recreation
Education
Culture
By encouraging youth to
Socialize with others
Create memories
Enrich their minds and bodies
Navigate life skills through problem solving
Engage in their communities
We are advocates of after school programs because they play a vital role in creating an
inclusive environment that celebrates the cultural and unique backgrounds of students.
Here's how the programs we are offering can promote diversity and provide activities
and opportunities to honor students' diverse identities:
Culturally Relevant Programming: REC SCENE program staff can design their activities
and curriculum to reflect the cultural diversity of their student population. This includes
incorporating diverse perspectives, histories, traditions, and languages into the program
content. For example, they can learn through cultural events, clinics, or presentations
that showcase various cultural practices, celebrations, and achievements.
Collaborative Decision-Making: Creating an environment that values diverse
perspectives requires involving students, parents, and community members in decision-
making processes. By actively seeking input from different cultural groups, the REC
SCENE programs can ensure that activities and initiatives are inclusive and responsive to
the needs and interests of all participants.
Language and Communication Support: Recognizing and respecting diverse linguistic
abilities is crucial. REC SCENE programs can provide language support for students who
are English language learners or speak languages other than the dominant language in
the program. This may involve offering translation services, bilingual staff, or language-
specific resources to foster effective communication and engagement.
Intercultural Exchanges: Facilitating intercultural exchanges is an effective way to
promote understanding and appreciation of different cultures. REC SCENE programs can
organize events or projects that encourage students to share their cultural backgrounds
and experiences with others. This can include storytelling sessions, or cultural heritage
projects that allow students to learn from and celebrate each other's traditions.
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Community Partnerships: Collaborating with community organizations, cultural
institutions, and local leaders enhances the REC SCENE program's ability to provide
diverse activities and opportunities. Partnering with groups representing different
ethnic, religious, or cultural communities can bring expertise, resources, and cultural
enrichment to the program. These partnerships can facilitate guest speakers,
performances, clinics, classes, or field trips that expose students to a wide range of
cultural experiences.
Safe and Respectful Environment: Creating a safe and respectful environment is
fundamental to promoting diversity. REC SCENE programs should establish clear
guidelines and expectations that promote inclusivity, respect, and open-mindedness.
Encouraging dialogue, empathy, and understanding among students from different
backgrounds helps foster a supportive community where all students feel valued and
included.
Professional Development: Providing professional development opportunities for staff
members on cultural competency, diversity, and inclusion is essential. This training
equips program staff with the knowledge and skills to understand and address the
needs of diverse student populations effectively. It also helps staff members recognize
and challenge any biases they may have, enabling them to create an inclusive
environment that celebrates students' cultural identities.
By incorporating these strategies, REC SCENE programs can create an environment that
not only promotes diversity but also celebrates and honors the unique backgrounds of
each student. Such programs provide opportunities for students to learn from one
another, develop cultural competency, and gain a deeper appreciation for the rich
tapestry of their community.
3. REC SCENE's afterschool program recognizes the crucial role that families play in
supporting their child's academic, physical, and social-emotional development. To
collaborate with and engage families as partners, the program has developed a
comprehensive plan that focuses on communication, involvement, and mutual support.
Here's an outline of the plan:
Open and Ongoing Communication:
Regular Updates: REC SCENE will establish effective communication channels to provide
families with regular updates on their child's progress, program activities, and upcoming
events. This can include weekly newsletters, emails, or a dedicated online portal for our
sports programs.
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Two-Way Communication: The program will encourage open dialogue and active
listening. Families will be encouraged to provide feedback, share concerns, or ask
questions, and program staff will respond promptly and respectfully.
Family Nights: REC SCENE will organize regular family nights where families can
participate in various activities alongside their children. These events can include
interactive workshops, games, performances, or demonstrations that showcase the
program's focus on academic, physical, and social-emotional development.
Collaborative Goal Setting: The program will work closely with families to develop
individualized plans for each child. These plans will outline specific academic, physical,
and social-emotional goals tailored to the child's needs and interests. REC SCENE will
ensure that families are regularly informed about their child's progress towards the
established goals.
Volunteering Opportunities: REC SCENE will actively seek opportunities for families to
volunteer and contribute to the program. This can involve assisting with specific
activities, sharing skills or cultural experiences, or participating in fundraising efforts. By
involving families directly, the program fosters a sense of ownership and shared
responsibility for their child's educational journey.
Family Showcases: The program will organize events where families can showcase their
talents, traditions, or cultural backgrounds. This can include sporting events,
performances, art exhibitions, or sharing traditional cuisine. By providing platforms for
families to share their unique contributions, REC SCENE celebrates diversity and creates
a richer experience for all participants.
Community Resources: REC SCENE will actively connect families with relevant
community resources and support networks. This can include information on local
educational programs, healthcare services, counseling resources, or parenting support
groups. By facilitating access to these resources, the program aims to strengthen the
support system available to families.
By implementing these strategies, REC SCENE's afterschool program aims to establish
strong partnerships with families, recognizing them as essential collaborators in
supporting their child's academic, physical, and social-emotional development.
Section D- Learning Plan
1. The REC SCENE after school program offers a diverse range of activities that are
designed to contribute to student academic achievement and overall success. Here's
how each of the activities you mentioned can support students' growth:
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Swim Club: Participating in Swim Club helps students develop physical fitness,
coordination, and discipline. Regular swimming sessions can improve cardiovascular
health, build endurance, and enhance overall well-being. Physical activity has been
shown to have a positive impact on cognitive function and academic performance.
Bowling: Bowling engages students in a fun and social activity while developing hand-
eye coordination, strategic thinking, and focus. Through bowling, students can enhance
their motor skills, spatial awareness, and problem-solving abilities. These skills can
translate to improved academic performance and critical thinking.
Tap Dancing: Tap dancing combines physical movement with rhythm and musicality. It
helps students develop coordination, timing, balance, and self-expression. The practice
of tap dancing can enhance concentration, discipline, and creativity, which can
positively impact academic engagement and overall student success.
Sports Club: Participation in a Sports Club promotes physical fitness, teamwork,
sportsmanship, and leadership skills. Team sports develop communication,
collaboration, and goal-setting abilities. The discipline and dedication required in sports
can transfer to academic pursuits, fostering self-discipline and a growth mindset.
E-sports: E-sports involve competitive video gaming, which can improve hand-eye
coordination, strategic thinking, problem-solving, and teamwork. While fostering digital
literacy, e-sports also require communication and critical thinking skills. Engaging in e-
sports can enhance cognitive abilities that support academic achievement.
Robotics: activities foster skills in science, technology, engineering, and mathematics
(STEM). Students engage in hands-on problem-solving, coding, and engineering,
developing critical thinking, logical reasoning, and analytical abilities that are valuable in
academic and real-world contexts.
Digital Content Creation: Digital content creation activities involve various forms of
media production, such as video editing, graphic design, or podcasting. These activities
develop creativity, communication skills, digital literacy, and the ability to convey ideas
effectively. Students can apply these skills in academic projects, presentations, and
multimedia assignments.
Art Explorations: Art explorations provide a creative outlet for self-expression and
imagination. Engaging in visual arts, painting, drawing, or sculpting can enhance fine
motor skills, visual perception, and problem-solving abilities. Art activities stimulate
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critical thinking, encourage self-reflection, and foster confidence, all of which contribute
to overall student success.
Flag Football League and Karate - promote physical fitness, discipline, and self-control.
Engaging in these activities improves students' endurance, strength, and self-discipline,
which can positively impact their academic performance and overall well-being. By
offering a diverse range of activities that cater to students' interests and talents, REC
SCENE provides opportunities for holistic development. These activities contribute to
students' physical well-being, cognitive abilities, creativity, teamwork, discipline, and
self-confidence. Improved physical and mental health, enhanced cognitive skills, and the
development of important life skills can positively influence academic achievement and
overall student success.
2. The REC SCENE after school program is committed to providing a safe and supportive
environment that addresses the developmental, social-emotional, and physical needs of
all students. Here's how the program ensures the well-being of students in each of the
activities you mentioned:
Trained Staff and Supervision: The program employs trained staff members who
prioritize the well-being and safety of the students. They ensure that all activities are
conducted in a secure and supervised manner, providing guidance and support
throughout the sessions.
Physical Safety Measures: The program implements appropriate safety measures
specific to each activity. For instance, in Swim Club, there will be certified lifeguards and
strict adherence to water safety protocols. Similarly, activities like karate and sports club
will have qualified instructors who prioritize proper techniques and safety precautions.
Inclusive Environment: REC SCENE promotes an inclusive environment that embraces
diversity and respects the unique backgrounds and abilities of all students. The program
encourages positive interactions, tolerance, and acceptance, fostering a sense of
belonging and community among participants.
Social-Emotional Support: The program recognizes the importance of addressing
students' social-emotional needs. Trained staff members provide emotional support,
guidance, and mentorship, fostering healthy relationships and a positive peer culture.
They create opportunities for students to develop social skills, empathy, and self-
awareness through team-building exercises, collaborative projects, and open
discussions.
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Individualized Attention: REC SCENE understands that each student has unique
developmental needs. The program aims to provide individualized attention and
support by considering students' abilities, interests, and learning styles. Whether it's in
robotics, digital content creation, or art explorations, instructors strive to create a
nurturing environment where students feel valued and encouraged to explore their
potential.
Physical Fitness and Well-being: REC SCENE promotes physical fitness and well-being
through various activities such as Swim Club, Bowling, and sports clubs. These activities
contribute to students' physical development, enhance their coordination and motor
skills, and promote a healthy lifestyle. The program encourages students to set personal
goals and celebrates their achievements, fostering a positive self-image and confidence.
Positive Reinforcement and Recognition: REC SCENE recognizes the accomplishments
and efforts of students through positive reinforcement. Whether it's mastering a dance
routine, completing a challenging robotics project, or demonstrating sportsmanship,
students are acknowledged and praised for their achievements. This approach boosts
their self-esteem, motivation, and overall sense of success.
By providing a safe and supportive environment, REC SCENE ensures that students'
developmental, social-emotional, and physical needs are met. The program fosters a
sense of belonging, promotes self-confidence, encourages healthy relationships, and
nurtures students' overall well-being. Through a diverse range of activities, students can
explore their interests, develop new skills, and thrive in an inclusive and empowering
after-school setting.
In addition to activity-specific safety measures, REC SCENE will foster a supportive
environment by implementing behavior guidelines and anti-bullying policies that
promote respectful interactions among students. Training program staff on child safety,
first aid, and CPR to ensure they can respond effectively in case of emergencies.
Conducting regular risk assessments of facilities and equipment to identify and address
any potential safety hazards. Overall, REC SCENE's after school program prioritizes the
safety and well-being of all students. By providing a nurturing and inclusive
environment, the program supports their developmental, social-emotional, and physical
needs, creating an enriching experience for every participant.
3. The REC SCENE afterschool program has developed a comprehensive plan to monitor its
success and evaluate key measures on a regular basis. The program recognizes the
importance of ongoing assessment to ensure effectiveness and make informed
decisions for improvement. Here's an outline of the monitoring plan:
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Daily Attendance: The program will track average daily attendance to assess
participation rates and identify any trends or patterns. This measure helps gauge the
program's ability to engage and retain students consistently.
Progress Tracking: REC SCENE will collaborate with schools to gather academic data such
as grades, test scores, or teacher feedback. This information will be used to evaluate
students' academic progress over time and determine the impact of the program on
their educational outcomes.
Feedback Collection: Periodic surveys will be administered to students to gather their
feedback on program activities, engagement levels, and overall satisfaction. These
surveys may include questions about their perceived academic growth, social-emotional
development, and satisfaction with the program.
Parent/Guardian Surveys: REC SCENE will collect feedback from parents/guardians
through surveys to understand their perspectives on the program's effectiveness and
their child's experiences. This feedback will provide insights into areas of improvement
and help shape program enhancements.
Staff Feedback: Program staff members will be encouraged to provide regular feedback
and suggestions for program improvement. Staff evaluations may include measures of
program quality, staff training needs, and overall program management.
Periodic Review: The program will conduct periodic reviews of its goals and objectives to
ensure alignment with desired outcomes. These reviews will assess whether the
program is meeting its intended objectives and identify areas for improvement or
adjustment.
Site Visits: Program administrators or external evaluators may conduct regular site visits
to observe program activities, interactions, and the overall program environment. These
observations can provide valuable insights into program implementation, student
engagement, and adherence to safety protocols. By employing a combination of
quantitative and qualitative measures, REC SCENE aims to evaluate its success in
multiple dimensions. The program will review attendance data, academic progress,
student surveys, parent/guardian feedback, staff evaluations, and stakeholder input to
assess program effectiveness and identify areas for improvement. The frequency of
evaluation will depend on the specific measure but will generally occur on a regular
basis to ensure ongoing monitoring and adjustment of the program.
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4. The REC SCENE after school program is dedicated to providing hands-on, project-based
experiences in Science, Technology, Engineering, Arts, and Mathematics (STEAM) within
its activities. Here's how the program will incorporate STEAM elements into the classes
you mentioned:
Swim Club can incorporate STEAM elements by introducing students to water physics,
buoyancy, and hydrodynamics. They can explore concepts like water displacement,
drag, and the relationship between force and motion through engaging activities and
experiments.
Bowling can incorporate STEAM by introducing students to the physics of motion,
angles, and momentum. They can explore concepts such as velocity, kinetic energy, and
friction through hands-on experiments, calculating scores, and analyzing the mechanics
of bowling techniques.
Tap dancing can incorporate STEAM through rhythm, music, and creative expression.
Students can explore the relationship between movement and sound, experiment with
different rhythms and patterns, and even incorporate technology by using sensors or
sound amplification devices to enhance their performances.
Sports Club and E-sports can incorporate STEAM by incorporating data analysis, strategy
development, and technology integration. Students can learn about sports analytics, use
software or sensors to track performance metrics, and explore concepts such as
statistics, game theory, and data visualization to enhance their understanding and
decision-making skills.
Digital content creation activities naturally lend themselves to STEAM integration.
Students can explore graphic design, video editing, or animation, combining artistic
creativity with technological skills. They can learn coding for interactive media,
experiment with 3D modeling and printing, or explore virtual reality experiences,
combining arts and technology in their projects.
Art explorations can incorporate STEAM by integrating science and math concepts into
artistic projects. For example, students can explore geometry and symmetry in visual
arts, experiment with pigments and chemical reactions in painting, or create sculptures
using principles of engineering and structural stability.
Flag Football and Karate: Physical Fitness, Discipline, and Focus: Flag football and karate
promote physical fitness, discipline, self-control, and focus. Engaging in these activities
can improve students' physical well-being, self-discipline, and ability to concentrate,
which can positively impact their academic performance.
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Robotics:
Robotics: activities foster skills in science, technology, engineering, and mathematics
(STEM). Students engage in hands-on problem-solving, coding, and engineering,
developing critical thinking, logical reasoning, and analytical abilities that are valuable in
academic and real-world contexts. In each of these activities, the REC SCENE program
will strive to provide hands-on experiences and project-based learning opportunities.
Through hands-on projects, they will develop important skills such as problem-solving,
collaboration, and innovation, preparing them for future academic and professional
pursuits in STEAM-related fields.
Section E – Legal
1. Not applicable
2. Not applicable
Section F- Additional Information
1. We feel that the City of San Bernardino’s REC SCENE afterschool program is a great
addition to the current listing of programs that benefit the students from each location.
Due to the close proximity of the community center locations to the school clusters, we
feel confident that we are able to provide something for everyone. Our talented staff
and instructors are excited about the opportunity to regrow our afterschool options
throughout the city. The Department as a whole has shifted drastically to a much more
holistic approach when it comes to program development and implementation.
Because of this, we know that our selection by the District to provide solicited services
would be extremely beneficial to the personal growth of each participant. With our
main goal focused on improving quality of life, we know that our participants will gain
much needed skill sets to walk through their educational and personal growth paths.
2. In order to provide an easy cluster focused pricing module, we took each program’s
individual cost and calculated the cost for at least 20 students. With these costs, we
then took the average of all program costs combined and created a set average
proposed rate per hour/per student. We view this as a “REC SCENE” monthly pass.
With this cost analysis, we are able to provide a variety of program options for those
that are interested. For those not within the school proximity of the location where the
program is offered, we would request that the School District provide transportation.
Transportation is not currently added into our budget analysis as we are not aware of
the School Districts bussing pricing. If this model doesn’t work for your review of
application, we are also able to separate each program with an individual budget
analysis. Our current model of locations and School Clusters is as follows:
Location School Cluster
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Rudy C. Hernandez Community Center 3
222 N Lugo Ave, San Bernardino, CA 92408
Delmann Heights Community Center 6 / 7
2969 N Flores St, San Bernardino, CA 92405
Norton Gymnasium 4 / 5
1554 Art Townsend Dr, San Bernardino, CA 92408
Speicher Memorial Park 1
1535 Arden Ave, San Bernardino, CA 92404
Encanto Community Center 6
1180 W 9th St, San Bernardino, CA 92411
Verdemont Community Center 6
3664 Little League Dr, San Bernardino, CA 92407
Lytle Creek Community Center 3
380 S K St, San Bernardino, CA 92410
Inland Empire Media Group 3 / 4
201 N E St, San Bernardino, CA 92401
Jerry Lewis Family Swim Center 2 / 5
831 E Highland Ave, San Bernardino, CA 92404
Center for Individual Development 4
8088 Palm Ln, San Bernardino, CA 92410
California State University San Bernardino Bowling Alley 6 / 5
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Darren L. Goodman, Chief of Police
Department:Police
Subject:Accept the FY 2022 Project Safe Neighborhoods Grant
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-020 authorizing:
1. The City Manager or designee to accept the FY 2022 Department of Justice,
Project Safe Neighborhoods grant funding.
2. The Director of Finance and Management Services to amend FY 2023/24
Adopted Budget appropriating $200,000 in both revenue and expenditures.
Executive Summary
The Department was awarded $200,000 of Project Safe Neighborhoods Program
Grant funding by the U.S. Department of Justice. The Department uses the grant
funding to staff overtime shift dedicated to reducing violent crime in and foster safer
neighborhoods. Staff requests that the City Manager be authorized to accept and
administer the grant.
Background
The Project Safe Neighborhoods (PSN) program is administered by the U.S.
Department of Justice (DOJ), Bureau of Justice Assistance (BJA), through the United
States Attorney’s Office Central District of California (USAO-CDCA), with the San
Diego Association of Governments (SANDAG) being appointed as the fiscal
agent. The PSN Grant is a competitive grant process. The Department was most
recently awarded PSN Grant funds (PSN21 & PSN19) in fiscal year 2022-23 to pay
officers overtime to conduct proactive extra patrols and respond to emergencies in the
City. The Department submitted a subsequent grant proposal on April 24, 2023, to
compete for FY 2022 PSN grant funding (PSN22). On June 30, 2023, the Department
was notified it would receive an additional $200,000 in grant funding to support the
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proposed program.
Discussion
The PSN program is designed to create and foster safer neighborhoods through a
sustained reduction in violent crime. The program combines proactive law
enforcement efforts with intervention and prevention specialists, in a multifaceted
approach to address violent offenders and the underlying drivers of violent crime and
gun violence. The grant funding has been authorized to be used by the Department to
fund overtime for Focused Intelligence Rapid Enforcement Violent Crime Impact
Teams. The grant has a term of up to one year, or until the funds have been expended.
The Department was most recently awarded PSN funds in FY 2022/23. With the use
of these funds, the Department was able to deploy officers on an overtime basis to
conduct data-driven proactive patrols throughout the city to combat violent crime and
respond to emergency calls. In 2022, the Department recovered a record-breaking
number of firearms, and a substantial portion of those firearms were recovered during
these types of proactive patrols. PSN 21 & PSN 19 grant-funded efforts are ongoing
and are expected to be exhausted by early 2024. These ongoing efforts have resulted
in the completion of 117 operations, netting 553 arrests thus far (302 felonies, 200
misdemeanors, and 51 warrant arrests). Additionally, 175 firearms were recovered in
conjunction with 3 pounds of heroin, 4.1 pounds of methamphetamine, and 4.3 pounds
of fentanyl. Further, 24 search warrants have been served and 13 illegal net cafés
have been shut down. Year to date, the City has experienced a 54% decrease in
homicides and a 32% decrease in assaults with firearms. These ongoing PSN grant-
funded efforts are believed to be a contributing factor in the noted decreases in violent
crime.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the FY 2022 Project
Safe Neighborhoods Grant aligns with Key Target No. 1c: Improved Operational &
Financial Capacity - Implement, maintain, and update a fiscal accountability plan.
Fiscal Impact
There is no net fiscal impact to the General Fund with the acceptance of this grant, as
there are no matching requirements. The FY 2023/24 Adopted Budget will be amended
in both revenues and expenditures by $200,000.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-020 authorizing:
1. The City Manager or designee to accept the FY 2022 Department of Justice,
Project Safe Neighborhoods grant funding.
2. The Director of Finance and Management Services to amend FY 2023/24
Adopted Budget appropriating $200,000 in both revenue and expenditures.
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Attachments
Attachment 1 Resolution 2024-020
Attachment 2 Award Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
Dec 7, 2022 Mayor and City Council adopted resolution No. 2022-243 authorizing
the City Manager to accept the FY 2019 Project Safe Neighborhoods
Grant and the Director of Finance to amend the FY 2022/2023 adopted
budget approving $177,154.51 in both revenue and expenditures.
Sept 21, 2022 Mayor and City Council adopted resolution No. 2022-192 authorizing
the City Manager to accept the FY 2021 Project Safe Neighborhoods
Grant and the Director of Finance to amend the FY 2022/2023 adopted
budget approving $200,000 in both revenue and expenditures.
June 6, 2021 Mayor and City Council adopted resolution No. 2021-132 authorizing
the City Manager to accept the FY 2020 Project Safe Neighborhoods
Grant and the Director of Finance to amend the FY 2020/21 adopted
budget appropriating $174,496 in both revenue and expenditures.
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Resolution 2024-020
Resolution 2024-020
January 17, 2024
Page 1 of 3
RESOLUTION NO. 2024-020
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
FY 2022 DEPARTMENT OF JUSTICE, PROJECT SAFE
NEIGHBORHOODS GRANT FUNDING AND AUTHORIZE
THE DIRECTOR OF FINANCE AND MANAGEMENT
SERVICES TO AMEND THE FY 2023/24 ADOPTED
BUDGET APPROPRIATING $200,000.00 IN BOTH
REVENUE AND EXPENDITURES
WHEREAS, the City of San Bernardino has been awarded the FY 2022 Project Safe
Neighborhoods Grant funding in the amount of $200,000; and,
WHEREAS,. The City will use grant funding to deploy Focused Intelligence Rapid
Enforcement Violent Crime Impact Teams to use data-driven impact patrols to help reduce violent
crime in the City.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to execute the grant agreement
between the City of San Bernardino and the San Diego Association of Governments and accept
the FY 2022 Project Safe Neighborhoods Grant in the amount of $200,000.00.
SECTION 3. The Director of Finance and Management Services is hereby authorized to
amend the FY 2023/24 Adopted Budget increasing revenue and expenditures by $200,000.00.
SECTION 4.That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 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.
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Resolution No. 2024-020
Resolution 2024-020
January 17, 2024
Page 2 of 3
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-020
Resolution 2024-020
January 17, 2024
Page 3 of 3
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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. 2024-020, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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FY 2022 PSN Page 1 of 45 SBPD
SUBAWARD INFORMATION
Federal Award Identification U.S. Department of Justice (US DOJ), Office of Justice Programs (OJP),
Bureau of Justice Assistance (BJA)
Subrecipient San Bernardino Police Department (SBPD)
Subrecipient’s Unique Entity Identifier HRJPGFZSC3H6
Subaward Number and Project Title PSN Gang and Gun Crime Reduction Program
Federal Award Identification Number (FAIN) 15PBJA-22-GG-00707-GUNP
Federal Award Date 09/28/22
Subaward Period of Performance Start and
End Dates
10/01/2022 – 09/30/2025
Subaward Budget Period Start and End
Dates
10/01/2022 – 09/30/2025
Amount of Federal Funds Obligated by this
action by SANDAG to the Subrecipient
$200,000
Total Amount of Federal Funds Obligated to
the Subrecipient by SANDAG including the
current financial obligation
$200,000
Total Amount of the Federal Award
committed to the Subrecipient by SANDAG
$200,000
Federal award project description, as
required to be responsive to the Federal
Funding Accountability and Transparency
Act (FFATA)
This project is supported under Fiscal Year 2022 (BJA – Project Safe
Neighborhoods Award) 34 USC 60701-05. Project Safe Neighborhoods
(PSN) is designed to create and foster safer communities through a
sustained reduction in violent crime. The program's effectiveness depends
upon the ongoing coordination, cooperation, and partnerships of local,
state, tribal, and federal law enforcement agencies and community
organizations working together with the communities they serve —
engaged in a unified approach coordinated by the U.S. Attorney (USA) in
all 94 districts.
Federal awarding agency U.S. Department of Justice (DOJ), Office of Justice Programs (OJP),
Bureau of Justice Assistance (BJA)
Fiscal Agent and contact information of
awarding official
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
(619) 699-1900
grantsapplication@sandag.org
Catalog of Federal Domestic Assistance
(CFDA)
16.609 – Project Safe Neighborhoods
Is this Subaward for Research and
Development?
No
Indirect cost rate for the Federal award per 2
CFR 200.414
N/A
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FY 2022 PSN Page 2 of 45 SBPD
FY 2022 PROJECT SAFE NEIGHBORHOODS
SUBAWARD GRANT AGREEMENT
BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND San Bernardino Police Department
AGREEMENT NO. INSERT NUMBER
This Subaward Grant Agreement No. Insert Number (AGREEMENT), executed as of the date of the last
signature shown on the signature page, is between the San Diego Association of Governments, 401 B
Street, Suite 800, San Diego, California 92101 (SANDAG), and San Bernardino Police Department, 710
N. D Street San Bernardino, CA 92410 (hereinafter referred to as “SUBRECIPIENT”). SANDAG and
SUBRECIPIENT are also hereinafter collectively referred to as “the Parties.”
RECITALS
WHEREAS, SBPD submitted a proposal in response to the Office of the United States Attorney
(USAO), Central District of California solicitation for innovative, multi-disciplinary, multi-agency
approaches to address violent crime through the cultivation of collaborative relationships; and
WHEREAS, SANDAG is the fiscal agent of the grant for the FY 2022 Project Safe Neighborhood
(PSN), (CFDA Number 16.609) (the “Master Agreement” or “Grant”) from the U.S. Department of Justice
(DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA);
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
I. GRANT AWARD AND TERM OF AGREEMENT
A. The total amount payable to SUBRECIPIENT pursuant to this AGREEMENT by SANDAG shall
not exceed the amount shown on the first page of this AGREEMENT (Fund Limit). It is agreed
and understood that this Fund Limit is a ceiling and that SANDAG will only reimburse the
allowable cost of services actually rendered in accordance with the AGREEMENT. The actual
amount reimbursed by SANDAG may be less than the Fund Limit.
B. The effective date is the Subaward Period of Performance Start Date shown on the first page of
this AGREEMENT. SANDAG authorizes RECIPIENT to begin working on the Project, and
SUBRECIPIENT agrees to undertake Project work, promptly after receiving a written Notice to
Proceed from SANDAG. SUBRECIPIENT shall not proceed with the Project, and shall not be
eligible to receive payment for work performed, prior to SANDAG issuance of a written Notice to
Proceed.
C. This AGREEMENT shall terminate on the Subaward Period of Performance End Date shown on
the first page of this AGREEMENT unless it is amended in writing by the Parties.
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FY 2022 PSN Page 3 of 45 SBPD
II. NOTIFICATION OF PARTIES
All notices herein provided to be given, or which may be given, by either party to the other, shall be
deemed to have been fully given when made in writing and received by the parties at their respective
addresses:
SANDAG: San Diego Association of Governments
Attention:
401 B Street, Suite 800
San Diego, CA 92101
Dr. Octavio Rodriguez Ferreira
SUBRECIPIENT: San Bernardino Police Department
Attention: Lieutenant Jason King
710 N. D Street
San Bernardino, CA 92410
King_ja@sbcity.org
III. SCOPE OF PERFORMANCE
A. SUBRECIPIENT agrees to complete the Project as described in the Statement of Work attached
as Exhibit A to this AGREEMENT using the awarded federal funds provided under the
AGREEMENT solely for the Project.
B. This AGREEMENT was awarded based on the application submitted by SUBRECIPIENT with the
intention that the awarded funds would be used to implement the Project as described in the
Statement of Work. Any substantive deviation from the Statement of Work must be approved in
advance by written amendment if grant funds are to be used for such changes. If
SUBRECIPIENT believes substantive changes need to be made to the Project, SUBRECIPIENT
will immediately notify SANDAG in writing. SANDAG will then determin e whether the Project is
still consistent with the overall objectives of the relevant federal funding program and whether the
changes would have negatively affected the Project ranking during the grant application process.
SANDAG reserves the right to have AGREEMENT funding withheld or refunded due to
substantive Project changes.
C. SUBRECIPIENT shall make diligent and timely progress toward completion of the Project within
the timelines set forth in the Project Schedule, if any, included in the Statement of Work.
D. In the event SUBRECIPIENT encounters or anticipates difficulty in meeting the Project Schedule,
SUBRECIPIENT shall immediately notify SANDAG in writing and shall provide pertinent details,
including the reason(s) for the delay in performance and the date by which SUBRECIPIENT
expects to complete performance. SUBRECIPIENT’s notification shall be informational in
character only and SANDAG’s receipt of it shall not be construed as a waiver by SANDAG of a
project delivery schedule or date, or any rights or remedies provided by this AGREEMENT.
IV. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200,
as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform
Requirements") apply to this FY 2022 award from OJP.
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FY 2022 PSN Page 4 of 45 SBPD
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022
award supplements funds previously awarded by OJP under the same award number (e.g., funds
awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all
funds under that award number (regardless of the award date, and regardless of whether derived from
the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY
2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards
and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that SUBRECIPIENT must retain -- typically
for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a
different retention period applies -- and to which SUBRECIPIENT must provide access, include
performance measurement information, in addition to the financial records, supporting documents,
statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award-related question arises from documents or other materials prepared or
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part
200 Uniform Requirements, SUBRECIPIENT is to contact SANDAG promptly to seek clarification from
OJP.
V. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the
OJP website (https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be
posted during the period of performance. SUBRECIPIENT agrees to comply with the DOJ Grants
Financial Guide.
VI. COMPLIANCE WITH GENERAL APPROPRIATIONS LAW RESTRICTIONS ON THE USE OF
FEDERAL FUNDS (FY 2022)
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable restrictions on the use
of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various
"general provisions" in the Consolidated Appropriations Act, 2022, are set out at
https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.htm, and are incorporated by reference
here.
Should a question arise as to whether a particular use of federal funds by SUBRECIPIENT would or
might fall within the scope of an appropriations-law restriction, SUBRECIPIENT is to contact SANDAG
promptly to seek guidance from OJP and may not proceed without the express prior written approval of
OJP.
VII. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO A NEW TITLE 34 OF THE
UNITED STATES CODE
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP
awards (that is, OJP grants and cooperative agreements), including many provisions previously codified
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in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has
been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory
provision as reclassified to Title 34. This rule of construction specifically includes references set out in
award conditions, references set out in material incorporated by reference through award conditions, and
references set out in other award requirements.
VIII. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written for
the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if
the AGREEMENT was executed only after ascertaining the availability and appropriation of funds.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to
SANDAG by the United States Government for the purpose of this Project. In addition, this
AGREEMENT is subject to any additional restrictions, limitations, conditions, o r any statute
enacted by the SANDAG Board of Directors, Congress or the State Legislature that may affect
the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that, if the Congress does not appropriate sufficient funds for the program
and Project, this AGREEMENT shall be amended to reflect any reduction in funds.
D. SANDAG has the option to void this AGREEMENT under the termination clause or to amend this
AGREEMENT to reflect any reduction of funds. In the event of an unscheduled termination,
SANDAG may reimburse or offset SUBRECIPIENT costs in accordance with the provisions of
this AGREEMENT.
IX. PAYMENT
A. The method of payment for this AGREEMENT will be based upon actual allowable costs.
SANDAG will reimburse SUBRECIPIENT for expended actual allowable direct and indirect costs,
including, but not limited to, labor costs, employee benefits, and travel and th ird-party contract
costs incurred by SUBRECIPIENT in performance of the Project work, not to exceed the Fund
Limit set forth in this AGREEMENT.
B. A subrecipient that is eligible under the Part 200 Uniform Requirements and other applicable law
to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use
the "de minimis" indirect cost rate, must advise SANDAG and OJP in writing of both its eligibility
and its election, and must comply with all associated requirements in the Part 200 Uniform
Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC)
as defined by the Part 200 Uniform Requirements.
C. Federal funds must be used to supplement existing State and local funds for program activities
and must not supplant (replace) those funds that have been appropriated for the same purpose.
D. SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and
reporting requirements, where applicable) governing the use of feder al funds for expenses related
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to conferences (as that term is defined by DOJ), including the provision of food and/or beverages
at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" in the "DOJ Grants Financial Guide").
E. Reimbursement of SUBRECIPIENT expenditures will be authorized only for those allowable costs
actually incurred by SUBRECIPIENT in the performance of the Project work. SUBRECIPIENT
must have incurred the expenditures on or after receiving the SANDAG Notice to Proceed and
before the Termination Date of this AGREEMENT, and also must have paid for those costs to
claim any reimbursement.
F. Approval of this award does not indicate approval of any consultant rate in excess of $650 per
day. A detailed justification must be submitted to and approved by the OJP program office prior to
obligation or expenditure of such funds.
G. With respect to any award of more than $250,000 made under a solicitation, a recipient may not
use federal funds to pay total cash compensation (salary plus cash bonuses) to any employee of
the recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a
member of the federal government's Senior Executive Service (SES) at an agency with a
Certified SES Performance Appraisal System for that year. The 2022 salary table for SES
employees is available on the Office of Personnel Management website.
OJP does not apply this limitation on the use of award funds to the nonprofit organizations listed
in Appendix VIII to 2 C.F.R. Part 200. See the DOJ Financial Guide for more information on
Employee Compensation.
H. SUBRECIPIENT shall submit invoices no more frequently than monthly, and no less frequently
than every 90 calendar days. SANDAG will reimburse SUBRECIPIENT for all allowable Project
costs no more frequently than monthly, and no less frequently than every 90 calendar days, in
arrears as promptly as SANDAG fiscal procedures permit upon receipt of itemized signed
invoices. The standardized SUBRECIPIENT invoice and reporting forms will be provided by
SANDAG. Invoices shall reference this AGREEMENT, and shall be signed and submitted to
SANDAG at the following address or as may be otherwise indicated by SANDAG in the event it
transitions to an electronic invoicing process:
San Diego Association of Governments
Attention: Ruben Casillas
401 B Street, Suite 800
San Diego, CA 92101
Ruben.Casillas@sandag.org
X. COST PRINCIPLES
A. SUBRECIPIENT agrees to comply with 2 CFR 200, including but not limited to the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements and the DOJ Grants
Financial Guide, as applicable.
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B. Any Project costs for which SUBRECIPIENT has received payment or credit that are determined
by subsequent audit to be unallowable under 2 CFR 200 or the DOJ Grants Financial Guide are
subject to repayment by SUBRECIPIENT to SANDAG by offset or other means approved by
SANDAG. Should SUBRECIPIENT fail to reimburse moneys due SANDAG within 30 calendar
days of discovery or demand, or within such other period as may be agreed to in writing between
the Parties hereto, SANDAG is authorized to intercept and withhold future payments due
SUBRECIPIENT from SANDAG.
C. If SUBRECIPIENT currently has other active awards of federal funds, or if SUBRECIPIENT
receives any other award of federal funds during the period of performance for this award,
SUBRECIPIENT promptly must determine whether funds from any of those other federal awards
have been, are being, or are to be used (in whole or in part) for one or more of the identical cost
items for which funds are provided under this award. If so, SUBRECIPIENT must promptly notify
SANDAG and the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential
duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification
or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate
duplication of funding.
XI. RESTRICTIONS ON “LOBBYING”
In general, as a matter of federal law, federal funds awarded by OJP may not be used by
SUBRECIPIENT, or its subrecipients at any tier, either directly or indirectly, to support or oppose the
enactment, repeal, modification, or adoption of any law, regulat ion, or policy, at any level of government.
See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes
certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by
SUBRECIPIENT, or its subrecipients at any tier, to pay any person to influence (or attempt to influence) a
federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with
respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or
loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C.
1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal
organizations.
Should any question arise as to whether a particular use of federal funds by a subrecipient would or might
fall within the scope of these prohibitions, SUBRECIPIENT is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
XII. INDEMNIFICATION AND LIABILITY
A. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or
rights in third parties to this AGREEMENT or effect the legal liability of either party to the
AGREEMENT by imposing any standard of care with respect to operation, maintenance, or repair
different from the standard of care imposed by law or this AGREEMENT. In connection with the
Project, SUBRECIPIENT agrees that SANDAG shall not be subject to any obligations or liabilities
to any subrecipient, or other person or entity that is not a party to this AGREEMENT.
Notwithstanding that SANDAG may have concurred in or approved any subaward or contract at
any tier, SANDAG has no obligations or liabilities to any entity other than the SUBRECIPIENT,
including any subrecipient at any tier.
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B. Neither SANDAG nor any officer or employee thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by SUBRECIPIENT or its
subrecipients or subcontractors under or in connection with any work, authority, or jurisdiction
arising from or related to this AGREEMENT. SUBRECIPIENT, its subrecipients and
subcontractors shall fully defend, indemnify, and save harmless SANDAG, its officers and
employees from all claims, suits, or actions of every name, kind, and description occurring by
reason of anything done or omitted to be done by SUBRECIPIENT, its subrecipients and
subcontractors under or in connection with any work, authority, or jurisdiction arising under this
AGREEMENT.
XIII. INSURANCE
SUBRECIPIENT shall procure and maintain, and shall cause its subrecipients to maintain, during the
period of performance of this AGREEMENT, and for 12 months following the termination date of this
AGREEMENT, policies of insurance from insurance companies authorized to do business in the State of
California or the equivalent types and amounts of self-insurance, as follows:
A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general
aggregate for personal and bodily injury, including death, and broad form property damage. The
policy must include an acceptable “Waiver of Transfer Rights of Recovery Against Other s
Endorsement.” The policy must name SANDAG as an additional insured in the endorsement. A
deductible or retention may be utilized, subject to approval by SANDAG.
B. Automobile Liability. For personal and bodily injury, including death, and property damage in an
amount not less than $1,000,000. Third-party contractor shall include SANDAG as a loss payee
on its policy.
C. Workers’ Compensation and Employer’s Liability. Policy must comply with the laws of the
State of California. The policy must include an acceptable “Waiver of Right to Recover From
Others Endorsement”.
SUBRECIPIENT shall furnish satisfactory proof by one or more certificates that it has the foregoing
insurance. These policies shall be primary insurance as to SANDAG so that any other coverage held by
SANDAG shall not contribute to any loss under insurance procured and maintained by SUBRECIPIENT
required under this AGREEMENT. Each insurance policy shall contain a clause, which provides that the
policy may not be canceled without first giving 30 days’ advance written notice to SANDAG. For purposes
of this notice requirement, any material change in the policy prior to its expiration shall be considered a
cancellation.
SUBRECIPIENT shall maintain sufficient insurance or a self-insurance program approved by SANDAG to
cover all casualty losses and ensure the repair or replacement of federally funded Property. In the event a
piece of Property is not replaced or repaired, SUBRECIPIENT agrees to transfer any insurance proceeds
received to SANDAG for remitting the federal share.
XIV. NON-DISCRIMINATION
A. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
38
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SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any
applicable requirements regarding written notice to program beneficiaries and prospective
program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and
requirements that pertain to subrecipient organizations that engage in or conduct explicitly
religious activities, as well as rules and requirements that pertain subrecipients that are faith -
based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title
28-Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data.
B. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
42
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R.
Part 42 that relate to an equal employment opportunity program.
C. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part
54
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education
programs."
D. SUBRECIPIENT, and its subrecipients at any tier, shall not unlawfully discriminate, harass, or
allow harassment, against any employee or applicant for employment because of race, color,
religion, creed, national origin, ancestry, age (over 40), gender identity or expression, sex
(including pregnancy, childbirth, breastfeeding or related medical conditions), medical condition,
physical or mental disability, genetic information, sexual orientation, marital status, military or
veteran status or any other category protected under federal, state or local law. SUBRECIPIENT
and its third-party contractors shall ensure that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and harassment.
SUBRECIPIENT and its third-party contractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code section 12900 et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et
seq.). The applicable regulations of the Fair Employment and Housing Commission implementing
Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the
California Code of Regulations, are incorporated into this AGREEMENT by this reference and are
made a part hereof as if set forth in full. SUBRECIPIENT and its third-party contractor shall give
written notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement.
E. SUBRECIPIENT certifies that Limited English Proficiency persons have meaningful access to the
services under this program(s). National origin discrimination includes discrimination on the basis
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of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act,
subrecipients are required to take reasonable steps to ensure that LEP persons have meaningful
access to their programs. Meaningful access may entail providing language assistance services,
including oral and written translation when necessary. The U.S. Department of Justice has issued
guidance for grantees to help them comply with Title VI requirements. The guidance document
can be accessed on the Internet at www.lep.gov.
F. SUBRECIPIENT shall include the nondiscrimination and compliance provisions of this Section in
all subawards under this AGREEMENT.
G. SUBRECIPIENT shall sign and submit to SANDAG the following forms attached to this
AGREEMENT, prior to, or concurrently with, this AGREEMENT: “Certificate of Nondiscrimination
Assurances,” and “Equal Employment Opportunity Certificate of Compliance.”
XV. ALL SUBAWARDS MUST HAVE SPECIFIC FEDERAL AUTHORIZATION
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a
procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants")
must have specific federal authorization) and are incorporated by reference here.
Although SUBRECIPIENT may delegate any or almost all Project responsibilities to one or more
subrecipients at any tier, SUBRECIPIENT agrees that it, rather than any subrecipients, is ultimately
responsible for compliance with all applicable laws, regulations, and this AGREEMENT.
XVI. PURCHASES BY SUBRECIPIENT
A. Prior authorization in writing by SANDAG shall be required before SUBRECIPIENT enters into
any non-budgeted third-party contracts exceeding the then-prevailing federal micropurchase
threshold for supplies, equipment, or consultant services. SUBRECIPIENT shall provide an
evaluation of the necessity or desirability of incurring such costs.
B. For the purchase of any item, service, or consulting work not covered in the Statement of Work
and exceeding the then-prevailing federal micropurchase threshold, SUBRECIPIENT must
competitively bid the work, or the absence of bidding must be adequately justified, and prior
authorization must be obtained from SANDAG.
1. Specific to procurement contracts that would exceed the Simplified Acquisition Threshold,
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable
requirements to obtain specific advance approval from the federal funding agency to use
a noncompetitive process. This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract"
(and therefore does not consider a subaward).
2. The details of the requirement for advance approval to use a noncompetitive approach in
a procurement contract under an OJP award are posted on the OJP web site at
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https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition:
Specific post-award approval required to use a noncompetitive approach in a
procurement contract (if contract would exceed $250,000)) and are incorporated by
reference here.
C. SUBRECIPIENT shall maintain ownership of any real or personal property purchased using
AGREEMENT funding (Property) and shall use such Property only for the purposes set forth in
this AGREEMENT. The parties agree to meet and confer in good faith to ensure the continued
use of the Property for the purposes intended.
D. SUBRECIPIENT shall maintain, or cause to be maintained, the Property at a high level of
cleanliness, safety, and if applicable, mechanical soundness, under maintenance procedures,
which SUBRECIPIENT must create and implement, consistent with the purposes for which they
were intended. SANDAG and the OJP shall have the right to conduct periodic maintenance
inspections for the purpose of confirming the existence, condition, and proper maintenance of the
Property. SUBRECIPIENT agrees to make all maintenance records available to SANDAG and
include as applicable in progress or other reports.
E. Any Property purchased as a result of this AGREEMENT is subject to the following:
1. SUBRECIPIENT shall maintain an inventory record for each piece of non-expendable
Property purchased or built with funds provided under the terms of this AGREEMENT.
2. The inventory record of each piece of such Property shall include, but not be limited to,
the description, I.D. number, acquisition date, cost, grant-funded percentage, grant
number, useful life, location, use and condition, disposition action, title holde r, and/or any
other information necessary to identify said Property. (2 CFR 200).
3. Non-expendable Property so inventoried are those items of Property that have a normal
life expectancy of one year or more and an approximate unit price of $5,000 or more. In
addition, theft-sensitive items of Property costing less than $5,000 shall be inventoried. A
copy of the inventory record must be submitted to SANDAG upon request by SANDAG.
F. 2 CFR 200 requires a credit to Federal funds when participating Property with a fair market value
greater than $5,000 is credited to the Project.
XVII. EMPLOYMENT VERIFICATION FOR HIRING UNDER THE AWARD
A. SUBRECIPIENT, and its subrecipients must--
1. Ensure that, as part of the hiring process for any position within the United States that is
or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient)
properly verifies the employment eligibility of the individual who is being hired, consistent
with the provisions of 8 U.S.C. 1324a(a)(1).
2. Notify all persons associated with the recipient (or any subrecipient) who are or will be
involved in activities under this award of both—
a. this award requirement for verification of employment eligibility, and
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b. the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make
it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
3. Provide training (to the extent necessary) to those persons required by this condition to
be notified of the award requirement for employment eligibility verification and of the
associated provisions of 8 U.S.C. 1324a(a)(1).
4. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to
compliance with this award condition in accordance with Form I-9 record retention
requirements, as well as records of all pertinent notifications and trainings.
B. Monitoring
SUBRECIPIENT’s monitoring responsibilities include monitoring of its subrecipients’ compliance
with this condition.
C. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds
may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed
to ensure compliance with this condition.
D. Rules of construction
1. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this
award" specifically includes (without limitation) any and all recipient (or any subrecipient)
officials or other staff who are or will be involved in the hiring process with respect to a
position that is or will be funded (in whole or in part) with award funds.
2. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of
employment eligibility, the recipient (or any subrecipient) may choose to participate in,
and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act
on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify
procedures, including in the event of a "Tentative Nonconfirmation" or a "Final
Nonconfirmation") to confirm employment eligibility for each hiring for a position in the
United States that is or will be funded (in whole or in part) with award funds.
3. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the
Virgin Islands of the United States, and the Commonwealth of the Northern Mariana
Islands.
4. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, or any person or other entity, to violate any federal law, including
any applicable civil rights or nondiscrimination law.
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5. Nothing in this condition, including in the paragraph titled “Employment eligibility
confirmation with E-Verify”, shall be understood to relieve any subrecipient at any tier, or
any person or other entity, of any obligation otherwise imposed by law, includ ing 8 U.S.C.
1324a(a)(1).
6. Questions about E-Verify should be directed to DHS. For more information about E-Verify
visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-
Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@dhs.gov.
7. Questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
XVIII. ETHICS
A. Written Code of Conduct
SUBRECIPIENT agrees to maintain a written code of conduct or standards of conduct that shall
govern the actions of its officers, employees, board members, or agents engaged in the award or
administration of subawards or contracts supported with funding provided under this
AGREEMENT. SANDAG has established policies concerning potential conflicts of interest. These
policies apply to SUBRECIPIENT.
B. Conflicts of Interest
For all awards by SANDAG or SUBRECIPIENT, any practices which might result in unlawful
activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful
considerations. SANDAG and SUBRECIPIENT staffs are specifically prohibited from participating
in the selection process for a procurement when those staff have a close personal relationship,
family relationship, or past (within the last 12 months), present, or potential business or
employment relationship with a person or business entity seeking a contract. It is unlawful for any
contract to be made by SANDAG or SUBRECIPIENT if one of their respective board members or
staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or
accepting gratuities from any organization seeking funding from SANDAG or SUBRECIPIENT.
Neither SANDAG nor SUBRECIPIENT’s officers, employees, agents, and board members shall
solicit or accept gifts, gratuities, favors, or anything of monetary value from contractors, potential
contractors, or parties to subagreements.
By signing this AGREEMENT, SUBRECIPIENT affirms that it has no knowledge of an ethical
violation by SANDAG or SUBRECIPIENT staff. If SUBRECIPIENT has any reason to believe a
conflict of interest exists with regard to the AGREEMENT or the Project, it should notify the
SANDAG Office of General Counsel immediately.
C. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
SUBRECIPIENT, and its subrecipients at any tier, must promptly refer to the DOJ Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient,
contractor, subcontractor, or other person has, in connection with funds under this award-- (1)
submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation
of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
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Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed
to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN:
Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile
directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
D. Restrictions and Certifications Regarding Non-disclosure Agreements and Related Matters
No subrecipient under this award, or entity that receives a procurement contract or subcontract
with any funds under this award, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit
or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or
law enforcement representative of a federal department or agency authorized to receive such
information.
The foregoing is not intended and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified
information), Form 4414 (which relates to sensitive compartmented information), or any other
form issued by a federal department or agency governing the nondisclosure of classified
information.
1. In accepting this award, SUBRECIPIENT--
a. represents that it neither requires nor has required internal confidentiality
agreements or statements from employees or contractors that currently prohibit
or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees
or contractors to execute agreements or statements that prohibit or otherwise
restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as
described above, it will immediately stop any further obligations of award funds,
will provide prompt written notification to the federal agency making this award,
and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
2. If SUBRECIPIENT does or is authorized under this award to make subawards,
procurement contracts, or both--
a. it represents that--
i. it has determined that no other entity that the recipient's application
proposes may or will receive award funds (whether through a subaward,
procurement contract, or subcontract under a procurement contract)
either requires or has required internal confid entiality agreements or
statements from employees or contractors that currently prohibit or
otherwise currently restrict (or purport to prohibit or restrict) employees or
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contractors from reporting waste, fraud, or abuse as described above;
and
ii. it has made appropriate inquiry, or otherwise has an adequate factual
basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been requiring
its employees or contractors to execute agreements or statements that prohibit or
otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or
abuse as described above, it will immediately stop any further obligations of
award funds to or by that entity, will provide prompt written notification to the
federal agency making this award, and will resume (or permit resumption of)
such obligations only if expressly authorized to do so by that agency.
E. Compliance with 41 U.S.C. 4712 (Including Prohibitions on Reprisal; Notice to Employees)
SUBRECIPIENT, and its subrecipients at any tier, must comply with, and is subject to, all
applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under
specified circumstances, discrimination against an employee as reprisal for the employee's
disclosure of information related to gross mismanagement of a federal grant, a gross waste of
federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a fed eral grant.
SUBRECIPIENT also must inform its employees, in writing (and in the predominant native
language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award,
SUBRECIPIENT is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for
guidance.
XIX. RECORDS RETENTION AND AUDITS
A. SUBRECIPIENT and its subrecipients at any tier shall establish and maintain an accounting
system and records that properly accumulate and segregate incurred Project costs and matching
funds by line item for the Project. The accounting system of SUBRECIPIENT, and its third -party
contractors at any tier shall conform to Generally Accepted Accounting Principles (GAAP), enable
the determination of incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices. All accounting records and other supporting
papers of SUBRECIPIENT and its subrecipients at any tier connected with Project performance
under this AGREEMENT shall be maintained for a minimum of three years from the date of the
SANDAG final payment to SUBRECIPIENT and shall be held open to inspection, copying, and
audit by representatives of SANDAG and auditors representing the federal government. Copies
thereof will be furnished by SUBRECIPIENT and its subrecipients at any tier upon receipt of any
request made by SANDAG or its agents.
B. SUBRECIPIENT and its subrecipients at any tier will permit access to all records of employment,
employment advertisements, employment application forms, and other pertinent data and records
by the State Fair Employment Practices and Housing Commission, or any other agency of the
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State of California designated by SANDAG for the purpose of any investigation to ascertain
compliance with this AGREEMENT.
C. SUBRECIPIENT understands and agrees that the DOJ awarding agency (OJP or OVW, as
appropriate) may withhold award funds, or may impose other related requirements, if (as
determined by the DOJ awarding agency) SUBRECIPIENT does not satisfactorily and promptly
address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the
terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
XX. HIGH-RISK GRANTEE LIST
A. If SUBRECIPIENT is designated "high risk" by a federal grant-making agency outside of DOJ,
currently or at any time during the course of the period of performance under this award,
SUBRECIPIENT must disclose that fact and certain related information to OJP by email at
OJP.ComplianceReporting@ojp.usdoj.gov and SANDAG at the email address specified for
receiving notices under this AGREEMENT. For purposes of this disclosure, high risk includes any
status under which a federal awarding agency provides additional oversight due to
SUBRECIPIENT's past performance, or other programmatic or financial concerns with
SUBRECIPIENT. SUBRECIPIENT's disclosure must include the following: 1. The federal
awarding agency that currently designates SUBRECIPIENT high risk, 2. The date
SUBRECIPIENT was designated high risk, 3. The high-risk point of contact at that federal
awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk
status, as set out by the federal awarding agency.
B. SUBRECIPIENT agrees to comply with any additional requirements that may be imposed by the
DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this
award, if SUBRECIPIENT is designated as "high-risk" for purposes of the DOJ high-risk grantee
list.
XXI. MONITORING AND COMPLIANCE
SUBRECIPIENT agrees to comply with SANDAG and OJP grant monitoring guidelines, protocols, and
procedures, and to cooperate with SANDAG, BJA and OCFO on all grant monitoring requests, including
requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits.
SUBRECIPIENT agrees to provide to SANDAG, BJA and OCFO all documentation necessary to
complete monitoring tasks, including documentation related to any subawards made under this
AGREEMENT. Further, SUBRECIPIENT agrees to abide by reasonable deadlines set by SANDAG, BJA
and OCFO for providing the requested documents.
SANDAG will engage in a formal written process to notify the SUBRECIPIENT of corrective actions
needed to come into compliance. If SUBRECIPIENT does not take corrective action or does not come
into compliance with the provisions in this AGREEMENT, or fails to cooperate with SANDAG’s, BJA's, or
OCFO's grant monitoring activities, it may result in sanctions affecting SUBRECIPIENT's DOJ awards,
including, but not limited to: withholdings and/or other restrictions on SUBRECIPIENT's access to grant
funds; referral to the Office of the Inspector General for audit review; designation of SUBRECIPIENT as a
DOJ High Risk grantee; or termination of an award(s).
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If SUBRECIPIENT enters into a subaward, the subaward shall contain provisions permitting SANDAG,
BJA, or OCFO to perform all monitoring of that subaward in accordance with this AGREEMENT and the
Federal Uniform Guidance.
XXII. REPORTS AND DATA COLLECTION
A. SUBRECIPIENT must collect and maintain data that measure the performance and effectiveness
of work under this award. The data must be provided to SANDAG in the manner (including within
the timeframes) specified by SANDAG and/or OJP in the program solicitation or other applicable
written guidance. Data collection supports compliance with the Government Performance and
Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
B. SUBRECIPIENT shall submit written progress reports no less frequently than quarterly to allow
SANDAG to determine if SUBRECIPIENT is performing to expectations, is on schedule, is within
funding cost limitations, to communicate interim findings, and to afford occasions for airing
difficulties respecting special problems encountered so that remedies can be developed.
C. SUBRECIPIENT understands and agrees that quarterly Federal Financial Reports (SF-425) and
semi-annual performance reports must be submitted through JustGrants (justgrants.usdoj.gov),
and that quarterly performance metrics reports must be submitted through BJA's Performance
Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailed information on
reporting and other requirements, refer to BJA's website. Failure to submit required reports by
established deadlines may result in the fre ezing of grant funds and High Risk designation.
D. SUBRECIPIENT also agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this Project.
XXIII. COPYRIGHT; DATA RIGHTS
SUBRECIPIENT acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license
to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in
connection with derivative works), for Federal purposes: (1) any work subject to copyright developed
under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or
subrecipient (at any tier) purchases ownership with Federal support.
SUBRECIPIENT acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use
the data first produced under any such award or subaward; and (2) authorize others to receive,
reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in
Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General).
It is the responsibility of SUBRECIPIENT, and of its subrecipients at any tier, to ensure that the provisions
of this condition are included in any subaward (at any tier) under this award.
SUBRECIPIENT has the responsibility to obtain from subrecipients, contractors, and subcontractors (if
any) all rights and data necessary to fulfill SUBRECIPIENT’s obligations to the Government under this
award. If a proposed subrecipient, contractor, or su bcontractor refuses to accept terms affording the
Government such rights, SUBRECIPIENT shall promptly bring such refusal to the attention of the OJP
program manager for the award and not proceed with the agreement in question without further
authorization from the OJP program office.
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XXIV. CONFIDENTIALITY
A. SUBRECIPIENT, and its subrecipients at any tier, must comply with all confidentiality
requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and
revelation of data or information. SUBRECIPIENT further agrees, as a condition of award
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22
and, in particular, 28 C.F.R. 22.23.
B. SUBRECIPIENT, and its subrecipients at any tier, must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) --
(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of
"Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded
program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A -130).
SUBRECIPIENT's breach procedures must include a requirement to report actual or imminent
breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual
breach, or the detection of an imminent breach.
XXV. COMPLIANCE WITH OTHER AWARD REQUIREMENTS
A. RECIPIENT represents and warrants to SANDAG that it has all necessary licenses, permits,
qualifications and approvals, of whatever nature, that are legally required for it to operate legally.
RECIPIENT further represents and warrants to SANDAG that it shall keep in effect at all times
during the term of this AGREEMENT any licenses, permits, and approvals that are required for it
to perform under this AGREEMENT.
B. OJP Training Guiding Principles
Any training or training materials that SUBRECIPIENT, or its subrecipients at any tier, develops
or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for
Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees -Subgrantees.htm.
A. SUBRECIPIENT agrees to submit to BJA for review and approval any curricula, training
materials, proposed publications, reports, or any other written materials that will be published,
including web-based materials and web site content, through funds from this grant at least thirty
(30) working days prior to the targeted dissemination date. Any written, visual, or audio
publications, with the exception of press releases, whether published at SUBRECIPIENT's or
government's expense, shall contain the following statements: "This project was supported by
Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of
Justice Assistance is a component of the Department of Justice's Office of Justice Programs,
which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of
Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART
Office. Points of view or opinions in this document are those of the author and do not necessarily
represent the official position or policies of the U.S. Department of Justice." The current edition of
the DOJ Grants Financial Guide provides guidance on allowable printing and publication
activities.
B. Media and Community Outreach Coordination
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SUBRECIPIENT agrees to submit to SANDAG, which will forward to DOJ for review and
approval, any proposal or plan for Project Safe Neighborhoods media-related outreach. DOJ
approval must be received prior to any obligation or expenditure of grant funds related to the
development of media-related outreach projects.
C. Any website that is funded in whole or in part under this award must include the following
statement on the home page, on all major entry pages (i.e., pages (exclusive of documents)
whose primary purpose is to navigate the user to interior content), and on any pages from which
a visitor may access or use a web-based service, including any pages that provide results or
outputs from the service: "This Web site is funded in whole or in part through a grant from the
Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the
U.S. Department of Justice nor any of its components operate, control, are responsible for, or
necessarily endorse, this Web site (including, without limitation, its content, technical
infrastructure, and policies, and any services or tools provided)." The full text of the foregoing
statement must be clearly visible on the home page. On other pages, the statement may be
included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full
text of the statement.
D. Safe Policing and Law Enforcement Subrecipients
If SUBRECIPIENT is a State, local, college, or university law enforcement agency, it affirms that it
has been certified by an approved independent credentialing body or ha s started the certification
process. This requirement also applies to subrecipients at any tier which are a State, local,
college, or university law enforcement agency. To become certified, law enforcement agencies
must meet two mandatory conditions: (1) the agency’s use of force policies adhere to all
applicable federal, state, and local laws; and (2) the agency’s use of force policies prohibit
chokeholds except in situations where use of deadly force is allowed by law. For detailed
information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.
E. Determination of Suitability to Interact with Participating Minors
This condition applies to this award if it is indicated -- in the application for the award (as
approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding
announcement (solicitation), or an associated federal statute -- that a purpose of some or all of
the activities to be carried out under the award (whether by SUBRECIPIENT, or its subrecipients
at any tier) is to benefit a set of individuals under 18 years of age.
SUBRECIPIENT, and its subrecipients at any tier, must make determinations of suitability before
certain individuals may interact with participating minors. This requirement applies regardless of
an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability
required, in advance, for certain individuals who may interact with participating minors), and are
incorporated by reference here.
F. Encouragement of Policies to Ban Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages subrecipients to adopt and
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enforce policies banning employees from text messaging while driving any vehicle during the
course of performing work funded by this award, and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted
drivers.
G. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (Including
Reporting Requirements and OJP Authority to Terminate Award)
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to the
trafficking of persons, whether on the part of recipients, subrecip ients, or individuals defined (for
purposes of this condition) as "employees" of SUBRECIPIENT or of any subrecipient.
The details of SUBRECIPIENT's obligations pertaining to prohibited conduct related to trafficking
in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-
Trafficking.htm (Award condition: Prohibited conduct by recipie nts and subrecipients related to
trafficking in persons (including reporting requirements and OJP authority to terminate award)),
and are incorporated by reference here.
H. Required Attendance at BJA-sponsored Events
SUBRECIPIENT, and its subrecipients at any tier, must participate in BJA-sponsored training
events, technical assistance events, or conferences held by BJA or its designees, upon BJA's
request.
I. SUBRECIPIENT agrees to comply with the requirements of 28 CFR Part 46 and all other
DOJ/OJP policies and procedures regarding the protection of human research subjects, including
informed consent procedures and obtainment of Institutional Review Board (IRB) approval, if
appropriate.
J. SUBRECIPIENT agrees to coordinate the Project with the U.S. Attorney and Project Safe
Neighborhoods Task Force for the district covered by the award. SUBRECIPIENT also is
encouraged to coordinate with other community justice initiatives, and other ongoing, local gun
prosecution and law enforcement strategies.
K. SUBRECIPIENT must report the names and total compensation of the five most highly
compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of
award funds. The details of this condition, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), are posted on the OJP web site at
https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to -- (1) an award of less than
$30,000, or (2) an award made to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or
her name).
XXVI. CHANGES IN TERMS OR CONDITIONS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the Parties.
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B. SUBRECIPIENT agrees to notify SANDAG immediately, in writing, of any change in local law,
conditions (including its legal, financial, or technical capacity), or any other event that may
adversely affect SUBRECIPIENT’s ability to perform the Project in accordance with the terms of
this AGREEMENT. SUBRECIPIENT also agrees to notify SANDAG immediately, in writing, of
any current or prospective major dispute, breach, default, or litigation that may adversely affect
SANDAG interests in the Project or SUBRECIPIENT’s ability to carry out the Project; and agrees
to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason,
in any forum. At a minimum, SUBRECIPIENT agrees to send each notice to SANDAG required
by this subsection to the SANDAG Office of General Counsel.
XXVII. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR
MATERIALLY FALSE STATEMENTS
The conditions of this award are material requirements of the award. Compliance with any assurances or
certifications submitted by or on behalf of SUBRECIPIENT that relate to conduct during the period of
performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, DOJ may determine that it will not enforce, or
enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions
regarding enforcement, including any such exceptions made during the period of performance, are (or will
be during the period of performance) set out through the OJP webpage entitled "Legal Notices: Special
circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices -
AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of SUBRECIPIENT, the authorized recipient official
accepts all material requirements of the award, and specifically adopts, as if personally executed by the
authorized recipient official, all assurances or certifications submitted by or on behalf of SUBRECIPIENT
that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full in the
AGREEMENT, a condition incorporated by reference, or an assurance or certification related to conduct
during the award period -- may result in OJP taking appropriate action with respect to SUBRECIPIENT
and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or
terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or
concealment or omission of a material fact) may be the subject of criminal prosecution (including under
18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil
penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730
and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,
that provision shall first be applied with a limited construction so as to give it the maximum effect
permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such
provision shall be deemed severable from this award.
XXVIII. DISPUTES
A. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of
by agreement shall be finally decided by the SANDAG Chief Executive Officer or delegate, who
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may or may not consider any written or verbal evidence submitted by SUBRECIPIENT, in the
Chief Executive Officer’s or delegate’s sole discretion.
B. Neither the pendency of a dispute nor its consideration by SANDAG will excuse either party from
full and timely performance in accordance with the terms of the AGREEMENT.
C. The above dispute resolution procedure does not apply in the event of a dispute resulting in
termination of this AGREEMENT, in which case the procedures set forth in the Part 200 Uniform
Requirements or the DOJ Grants Financial Guide take precedence.
XXIX. EARLY TERMINATION OF THIS AGREEMENT
A Federal award may be terminated in whole or in part as follows:
• By the DOJ awarding agency or SANDAG for failure to comply with the terms and conditions of
an award;
• By the DOJ awarding agency or SANDAG for cause;
• By the DOJ awarding agency or SANDAG with consent of the SUBRECIPIENT, in which case the
two parties must agree upon termination conditions, including the effective date, and in the case
of partial termination, the portion to be terminated; or
• By the SUBRECIPIENT upon sending the DOJ awarding agency or SANDAG written notification
including the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. However, if the DOJ awarding agency determines that
partial termination of the award will not accomplish the purposes for which the award was made,
then DOJ may terminate the award in its entirety.
The awarding agency or SANDAG will provide SUBRECIPIENT with notice of termination. If the award is
terminated for failure to comply with the statutes, regulations, or terms and conditions of the award, the
termination decision may be considered in evaluat ing future applications received from SUBRECIPIENT.
When an award is terminated or partially terminated, SUBRECIPIENT remains responsible for
compliance with the requirements in 2 C.F.R. § 200.343 (Closeout) and 2 C.F.R. § 200.344 (Post -
closeout adjustments and continuing responsibilities).
XXX. PROJECT CLOSE OUT
The Subaward Period of Performance End Date of this AGREEMENT refers to the last date for
SUBRECIPIENT to incur valid Project costs or credits. SUBRECIPIENT has 60 days after the termination
date of this AGREEMENT to make final allowable payments to its subrecipients or subcontractors,
prepare and submit Project closeout reports, and submit the final invoice to SANDAG for reimbursement
for allowable Project costs. Any unexpended Project funds invoiced after 90 days post the termination
date of this AGREEMENT will be forfeited and will no longer be accessible by SUBRECIPIENT to
reimburse for Project expenses. See the requirements in 2 C.F.R. § 200.343 (Closeout) and the DOJ
Grants Financial Guide for additional information.
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XXXI. RELATIONSHIP OF PARTIES
It is expressly understood that this AGREEMENT is executed by and between two independent entities
and that this is not intended to, and shall not be construed to, create the relationship of agent, servant,
employee, partnership, joint venture or association, or any other relationship whatsoe ver other than that
of an independent party.
XXXII. INTEGRATION AND SEVERABILITY
This AGREEMENT represents the entire understanding of SANDAG and SUBRECIPIENT as to those
matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to
those matters covered hereunder. This AGREEMENT may not be modified or altered except in writing,
signed by SANDAG. If any provision of the AGREEMENT is determined invalid, the remainder of the
AGREEMENT shall not be affected if that remainder would continue to conform to the requirements of
applicable laws or regulations. All Attachments to this AGREEMENT are hereby incorporated as though
set forth in full herein.
XXXIII. FORCE MAJEURE
Either party is excused from performance hereunder if such non-performance results from acts of God,
epidemics, war, riots, acts of governmental authorities, or any other cause that could not have been
overcome by the exercise of due diligence or planning by the non-performing party. In the event of the
occurrence of a force majeure event, the party unable to perform shall promptly notify the other party
within five calendar days and provide an explanation describing why the inability to perform is not due in
whole or in part to its actions or inaction. It shall further pursue its best efforts to resume performance as
quickly as possible and shall suspend performance only for such period of time as is necessary as a
result of the force majeure event.
XXXIV. SURVIVAL
The rights, obligations and conditions set forth in the Sections of this AGREEMENT entitled
Indemnification and Liability, Insurance, Notices, Cost Principles, and any right, obligation or condition
that, by its express terms or nature and context is intended to survive the termination or expiration of this
AGREEMENT, shall survive until the last applicable statute of limitations expires.
XXXV. WAIVER
Neither the SANDAG review, approval, or acceptance of, nor payment for, any of the work required under
this AGREEMENT shall be construed to operate as a waiver of any rights under this AGREEMENT by
SANDAG.
XXXVI. NO THIRD PARTY RIGHTS
The federal government shall not be subject to any obligations or liabilities to any third-party contractor or
any other person not a party to the agreement between SANDAG and the DOJ awarding agency.
Notwithstanding any concurrence provided by the federal government in or approval of any solicitation,
subagreement, or third-party contract, the federal government continues to have no obligations or
liabilities to any party, including SUBRECIPIENT or a ny other third-party contractor.
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XXXVII. ATTACHMENTS
The following attachments are incorporated into and are made part of this AGREEMENT by this reference
and attachment. In the event of conflicting provisions, the following order of precedence will apply:
(1) Part 200 Uniform Requirements; (2) DOJ Grants Financial Guide; (3) the body of this AGREEMENT
excluding attachments; and (4) the attachments to this AGREEMENT .
• Statement of Work
• Project Schedule
• Project Budget
• Indirect Cost Rate Certification Form
• Certificate of Nondiscrimination Assurances
• Equal Employment Opportunity Certificate of Compliance
XXXVIII. SIGNATURES
The persons below assert that they are authorized to execute this AGREEMENT and have executed it as
of the date of the last signature below. This AGREEMENT may be executed in any number of separate
counterparts, each of which shall be deemed an original but all of which when taken together shall
constitute one and the same instrument. The parties hereby agree to the use of electronic signatures to
create mutually binding contractual agreements.
SAN DIEGO ASSOCIATION OF
GOVERNMENTS
SAN BERNARDINO POLICE DEPARTMENT
Cindy Burke
Senior Director, Data Science Charles Montoya
City Manager
APPROVED AS TO FORM:
Office of General Counsel
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EXHIBIT A – STATEMENT OF WORK
Program Description
FY2022 Project Safe Neighborhoods grant funding will be utilized by the Department to advance the
achievements and impetus of the present violent crime mitigation plan. The grant funds will be allocated
towards compensating overtime for deploying Focused Intelligence Rapid Enforcement (FIRE) teams
that will utilize strategic data analytics, in conjunction with human source intelligence, to target violent
criminals and seize unlawful firearms in high-crime areas throughout the San Bernardino.
Objectives
The goal and deliverable for the program implemented by SBPD are as follows:
• Goal: Reduce gang violence by increasing enforcement, prevention, and outreach strategies
during summer months when gang violence peaks.
o Activity/Deliverable 1: Newly developed Focused Intelligence Rapid Enforcement (FIRE)
teams, specifically trained in source development, will focus their efforts on gaining
real-time information pertaining to violent crime and specific individuals involved, and
will continue policing criminal activity around net cafés and hotspots rife with gang
activity.
Program Design and Implementation
The Department is introducing a data-driven approach to tackle violent crime by implementing a micro-
focused overlay grid within the city. This strategy will pinpoint hotspot locations, chronic violent
offenders, gangs, and areas with prevalent weapons violations. The grids, enriched with historical and
real-time crime data, will facilitate more efficient resource allocation. Focused Intelligence Rapid
Enforcement (FIRE) teams will collect real-time data through human sources, and these combined
analytics will enable proactive enforcement and intervention efforts.
As violent crime perpetrators are addressed in these focus areas, the FIRE teams will maintain
enforcement efforts in areas showing the highest probability of success. Rollback provisions will be
employed proportionally, adapting enforcement efforts based on the specific grid's needs, ensuring
sustainable results, and acting as a continual deterrent to violent crime. The program includes
community engagement, prevention, and intervention efforts, utilizing data from public events and
social media to identify violent crime concerns. Partnerships with government and community
stakeholders help target the most violent offenders for enforcement.
In their efforts, the Department's SIB and Violent Crime Impact Teams collaborate to identify violent
criminals and high-crime areas, referring individuals to the VIP program. To enhance violence reduction,
the Department seeks FY2022 PSN Grant funds to address issues related to ghost guns, Glock switches,
and illegal firearm trafficking. The focus will be on net cafés, which are sources of gang-related crime
and illegal firearms, including ghost guns. FIRE teams will work closely with the SIB and other agencies to
shut down these establishments, reducing access to such firearms and precursor crimes that lead to
violent offenses.
The PSN Team primarily consists of SIB members, including the Narcotics Unit, Vice Unit, Special
Investigations Unit, Multiple Enforcement Team (Gangs), and Crime Analysis Unit. Crime analysis plays a
critical role in identifying trends, hotspots, and violent offenders, guiding FIRE patrol deployment. The
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PSN Team collaborates with local and federal partners to ensure prosecution and provides referrals to
the VIP team for at-risk individuals. The SIB Commander is responsible for strategy, and the Financial
Management Analyst oversees financial aspects.
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Project Budget
Budget Summary
Year 1 Year 2
(if needed)
Year 3
(if needed)
Budget Category Federal Request Non-Federal Request Federal Request Non-Federal Request Federal Request Non-Federal Request Total(s)
A. Personnel $191,691 $0 $0 $0 $0 $0 $191,691
B. Fringe Benefits $8,309 $0 $0 $0 $0 $0 $8,309
C. Travel $0 $0 $0 $0 $0 $0 $0
D. Equipment $0 $0 $0 $0 $0 $0 $0
E. Supplies $0 $0 $0 $0 $0 $0 $0
F. Construction $0 $0 $0 $0 $0 $0 $0
G. Subawards
(Subgrants) $0 $0 $0 $0 $0 $0 $0
H. Procurement
Contracts $0 $0 $0 $0 $0 $0 $0
I. Other $0 $0 $0 $0 $0 $0 $0
Total Direct Costs $200,000 $0 $200,000 $0 $0 $0 $200,000
J. Indirect Costs $0 $0 $0 $0 $0 $0 $0
Total Project Costs $200,000 $0 $200,000 $0 $0 $0 $200,000
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars,
symposia, and training activities? - Y/N No
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FY 2022 PSN Page 28 of 45 SBPD
Budget Detail - Year 1
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and
training activities? - Y/N
A. Personnel
Name Position Computation
List each name, if
known.
List each position,
if known.
Show annual salary rate & amount of time devoted to the project for each name/position.
Salary Rate
Time Worked
(# of hours,
days,
months,
years)
Percentage of Time Total Cost Non-Federal
Contribution
Federal
Request
Overtime
Personnel Detective/Officer $99.00 Hourly 1,489 100% $147,411 $147,411
Overtime
Personnel Sergeant $120.00 369 100% $44,280 $44,280
Total(s) $191,691 $191,691
Narrative
The grant funds will be allocated towards compensating overtime for deploying Focused Intelligence Rapid Enforcement (FIRE) teams that will utilize
strategic data analytics, in conjunction with human source intelligence, to divide the City into grids, and focus on the grids where the most violent crimes
take place. The strategy will help to catch violent criminals and seize unlawful firearms in high-crime areas throughout the City. The FIRE Teams will consist
of one supervisor and two or more officers working one or more shifts a week. The officers working the FIRE Teams will vary throughout the year. The FIRE
Teams will receive direction from the Department's Special Investigations Bureau Commander who will be responsible for managing the Department's PSN
program.
B. Fringe Benefits
Name Computation
List each grant-supported position
receiving fringe benefits
Show the basis for competition
Base Rate Total Cost Non-Federal
Contribution
Federal
Request
Overtime Personnel $191,691.00 4.33% $8,309 $8,859
Total(s) $8,309 $8,309
Narrative
The cost for fringe benefits related to overtime employees is $8,309. The Department is seeking reimbursement for Medicare (1.45%) and Workers Comp
(2.88%).
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FY 2022 PSN Page 36 of 45 SBPD
EEOP Certification Form
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FY 2022 PSN Page 37 of 45 SBPD
High Risk Status Disclosure
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FY 2022 PSN Page 38 of 45 SBPD
Disclosure of Lobbying Activities Form
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FY 2022 PSN Page 39 of 45 SBPD
Certification of De Minimis Indirect Cost Rate Form
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FY 2022 PSN Page 40 of 45 SBPD
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FY 2022 PSN Page 42 of 45 SBPD
.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Lynn Merrill, Interim Director of Public Works
Department:Public Works
Subject:Contract Amendment Approval – Mt. Vernon Storm
Drain Project (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California: Approve Amendment No. 1 to the Professional Services Agreement with
Onward Engineering in the amount of $19,612.50, for a total contract amount of
$164,539.50 from Storm Drain DIF funding and extend the contract through
anticipated completion date of December 30th, 2024.
Executive Summary
The proposed additional scope of work is required for additional potholing, redesign,
as well as the California State Water Resources Control Board, Division of Drinking
Water (DDW) exemption application. Public Works staff is requesting the approval
of Amendment No. 1 to confirm the location and depth of the conflicting waterline,
and to modify the design accordingly to provide clearance, over/under, the water
Main line. In addition, Onward Engineering will process the application with Division
of Drinking Water (DDW) to obtain an exemption for the separation between the
water main line and storm drain line. If approved, Amendment No. 1 to the
Professional Services Agreement will increase the project cost by $19,612.50, and
authorize a contract change order, which will bring the new total amount of the
contract to $164,539.50, to complete the design phase of the project.
Background
The existing storm drain system at Cajon Boulevard and Mt. Vernon Avenue runs full
on heavy rain days causing drainage and flooding problems. A new storm drain
connection will be required to improve the condition of Cajon Boulevard and Mt.
Vernon Avenue. This project will add a new storm drain of Reinforced Concrete Pipe
that will connect to the existing 48-inch manhole at 16th Street and Mt. Vernon
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8
1
Avenue, up to the existing 36-inch manhole at Cajon Blvd. and Highland Avenue. The
36-inch manhole at Cajon Boulevard will be replaced with a dual outlet manhole to
control the pressure and velocity of the existing storm drain system.
On May 5, 2021, the Mayor and City Council adopted Resolution No. 2021-128
approving the award of a Design Services Agreement with Onward Engineering in the
amount of $144,927 for Design Services for the Mt. Vernon Storm Drain Project
(SD20-003).
On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128
adopting the City’s Annual Operating Budget for Fiscal Year 2020/21. The budget
included CIP Project SD20-003 for Mt. Vernon Storm Drain (“Project”). Funding to
support the Project design has been established in the amount of $300,000 in Storm
Drain DIF funding.
Discussion
Following the Mayor and City Council approval of a Professional Services
Agreement with Onward Engineering, the firm began designing the improvements
for the Mt. Vernon Storm Drain, finalizing the initial design. Over the past year,
plans were reviewed by Public Works staff and San Bernardino Municipal Water
District (SBMWD) staff, and a potential conflict with Water Main line was raised by
SBMWD staff, that was not previously identified during the project design. The San
Bernardino Municipal Water District (SBMWD) does not have accurate as-built
information on the recently identified water main line. Following initial potholing, it
was determined to be very deep and require substantial potholing effort to
determine its accurate depth.
Public Works Department staff met with Onward Engineering and received input on
the requested modifications to the Project.
The modifications and additional tasks include:
1. Additional potholing on Mt. Vernon to determine the depth of the 24-inch Water
Main crossing the proposed Storm Drain line
2. Design changes due to Water Main conflict
3. Preparation of Division of Drinking Water (DDW) Exemption
The design and construction of this Storm Drain is consistent with the designated
use of this funding, as completion of the project will serve the task of carrying
rainfall and runoff water away from the street to prevent flooding. Onward
Engineering provided a proposal for an amendment to the contract in the amount of
$19,612.50 to complete the requested modifications. In addition to the modifications
of the project, approving Amendment No. 1 will also extend the original term of the
agreement through the anticipated completion date of December 30, 2024.
Funding for the Project was established in FY 2020/21 Capital Improvement
Program (CIP) project SD20-003 budget through Storm Drain DIF funding (Fund
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No. 248). The total project cost breakdown is as follows:
Onward Engineering Original
Contract
$144,927.00
Amendment No. 1
$19,612.50
New Total Project Cost
$164,539.50
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1 – Improved Operational & Financial
Capacity – Minimize risk and litigation exposure. Approval of this resolution will result
in public improvements being constructed that minimize risk and litigation exposure.
Fiscal Impact
There is no General Fund impact with this item. There is sufficient funding within this
project to support this item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California: Approve Amendment No. 1 to the Professional Services Agreement with
Onward Engineering in the amount of $19,612.50, for a total contract amount of
$164,539.50, for the Mt. Vernon Storm Drain Project and extend the contract through
anticipated completion date of December 30th, 2024.
Attachments
Attachment 1 – Amendment No. 1
Attachment 2 – Exhibit A: Onward Engineering Amendment Letter
Attachment 3 – Professional Services Agreement with Onward Engineering
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
June 24, 2020 The Mayor and City Council approved Resolution No. 2020-128
adopting the City’s approving the City’s Annual Operating Budget for
Fiscal Year 2020-21. The budget included CIP Project SD20-003 for
Mt. Vernon Storm Drain (“Project”). Funding to support the Project
design has been established in the amount of $300,000 in Storm drain
DIF funding.
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Mirela Grigorescu, Engineering Assistant II November 7, 2023
City of San Bernardino
Public Works Department-Engineering Division
201 North E Street, 2nd Floor
San Bernardino, CA 92418
Subject: Proposal to Provide Additional Work on The Mount Vernon Ave Storm Drain Improvement
Project for Additional Potholing and Design Changes
Scope Items
1. Additional Potholing
2. Design Changes Due to Water Main Conflict and Preparation of DDW Exemption
Dear Mirela,
As requested we have prepared a proposal to include additional potholing on Mount Vernon to
determine the depth of the 24” Water Main crossing the proposed Storm Drain line. If it is
determined that the water main imp acts the vertical alignment of the storm drain design then we
will proceed with a redesign for the storm drain main. The redesign could involve a minor elevation
adjustment or the design of a junction structure along with two smaller pipes or boxes to provide
clearance over/under the 24” water main. We will also prepare the application to DDW for the
exemption due to separations between the water main and storm drain line.
We prepared this letter proposal in the amount of $19,612.50 in order to re-mobilize the potholing
company and redesign of the plans to accommodate the changes.
Please review the attached fee and let us know if you have any questions.
Thank You,
Justin Smeets, PE
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QA/QC
Manager Project Manager Project Engineer Subconsultants
$150 $135 $115
Hours Hours Hours
Additional Potholing and Design Changes
A Additional Potholing 2 $10,522.50 $10,792.50
B Design Changes Due to Water Main Conflict and Preparation of DDW Exemption 4 20 48 $8,820.00
Additional Potholing and Design Changes 4 22 48 $10,522.50 $19,612.50
Onward Engineering Fee Proposal to Provide Additional Professional Engineering Services to the City of San Bernardino
for the Mount Vernon Storm Drain Project
Additional Potholing and Design Changes
Task Project Tasks Total
Lump Sum
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works, Operations and
Maintenance
Department:Public Works
Subject:Rejecting Construction Bids for the Clean California
Local Grant Program (All Wards)
Recommendation:
Adopt Resolution No. 2024-021 of the Mayor and City Council of the City of San
Bernardino, California, Rejecting Construction Bids for the Clean California Local
Grant Program for the 4th Street Alley Beautification project.
Executive Summary
It is recommended that the Mayor and City Council adopt a resolution rejecting the
bid from Diamond Construction and Design in the amount of $979,460.75, as the bid
exceeds the amount of grant funding available.
Background
The Clean California Local Grant Program (“Program”) was established under
Assembly Bill 149 (SEC. 16) and codified under Streets and Highway Code §91.41.
The goal of the competitive statewide program is to incentive the beautification and
clean-up of local streets and roads, tribal lands, parks, pathways, transit centers, and
to enhance the appearance of public spaces. The program is an element of the
$1.1 billion-dollar Clean California initiative that takes direct aim at the time and
resources expended by Caltrans and its partners to collect, recycle, and dispose of
litter and hazardous waste.
The Clean California Local Grant Program, administered by the California
Department of Transportation (Caltrans), will provide approximately $296 million as
part of a two-year program to beautify and improve streets, tribal lands, parks,
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pathways, and transit centers to improve spaces for walking and recreation with all
funds to be expended by June 30, 2024. Each grant shall not exceed five million
dollars. There is no minimum award. Applicants must be local or regional public
agencies, transit agencies, or tribal governments. It was determined that the City was
able to comply with all the grant conditions and was awarded funding in the amount
of $722,772.00. The acceptance of the grant was approved by the Mayor and the
City Council on August 3, 2022.
Discussion
The 4th Street Beautification and landscape project was advertised for public bidding
on November 21, 2023, on Planet Bids.
Sealed bids were received and opened on December 12, 2023. The City received
one bid as follows:
Bidder City Base Bid
Diamond Construction
& Design
Corona, CA $979,460.75
The City has reviewed the bid package and confirmed that Diamond Construction and
Design from the City of LA Habra, California, is the lowest responsible and responsive
bidder, with a total bid amount of $979,460.75. The lowest bid is significantly above the
Engineer’s overall estimate of $433,300.00. The following is a breakdown of the
construction bid, design and art mural design costs for the project:
Construction Bid $979,460.75
Design Cost $99,940.00
Art mural Design $137,000.00
Total Project Cost $1,216,400.75
The grant awarded funds in the amount of $722,772.00 are not sufficient to cover the
construction bid resulting in a shortfall of $493,628.75. Staff contacted the granting
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authority regarding the shortfall but were informed additional funds are unavailable. It
was suggested that the City review the scope of work and attempt to reduce
elements to bring the cost of the project more in line with the available funding.
Therefore, staff recommends that the City rejects all bids submitted for the subject
project at this time, and direct staff to revise the bid package and readvertise the
project.
In addition, the Public Code Section 20166 states that the Mayor and City Council
have the authority to reject all bids. The specification reiterates the same authority.
Staff will reevaluate the project and collaborate with the granting agency to develop
an acceptable reduction in the scope of work that falls within the awarded budget.
Staff will advertise once a strategy is reached and the granting agency is in full
agreement with the revised scope. Time is of the essence since the funds will expire
in June 2024.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial
Capacity - Minimize risk and litigation exposure. Approval of this resolution will result
in minimizing appeals by the perspective bidders.
Fiscal Impact
There is no fiscal impact related to the adoption of this resolution since it is solely
funded by the Clean California Local Grant Program.
Conclusion
Adopt Resolution No. 2024-021 of the Mayor and City Council of the City of San
Bernardino, California, Rejecting Construction Bids for the Clean California Local
Grant Program for the 4th Street Alley Beautification project.
Attachments
Attachment 1-Resolution No.2024-021
Attachment 2-Bid Proposal
Ward:
First Ward
Synopsis of Previous Council Actions:
January 19, 2022 Mayor and City Council of San Bernardino, California adopt
Resolution No. 2022-07, approving submittal of application for
Clean California Local Grant Program.
August 3, 2022 Mayor and City Council of San Bernardino, California adopt
Resolution No. 2022-174, accepting funds from the Clean
California Local Grant Program.
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Resolution No. 2024-021
Resolution 2024-021
January 17, 2024
Page 1 of 3
RESOLUTION NO. 2024-021
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
REJECTING BIDS FOR THE CLEAN CALIFORNIA
LOCAL GRANT PROGAM FOR THE 4TH STREET ALLEY
BEAUTICATION PROJECT
WHEREAS, The City Public Works Department are responsible for the maintaining and
operating street alleys City wide; and
WHEREAS, The plans and specifications were released for bid on November 21, 2023,
sealed bids were received on December 12, 2023.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his designee is hereby authorized and directed to reject all
bids for project entitled “Clean California Local Grant Program for the 4th Street Alley
Beautification Project”, pursuant to California Public Contract Code Section 20166 and San
Bernardino Municipal Code Section 3.04.070(E).
SECTION 3.The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 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 17th day of January, 2024.
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Resolution No. 2024-021
Resolution 2024-021
January 17, 2024
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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. 2024-021
Resolution 2024-021
January 17, 2024
Page 3 of 3
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9
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4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-021, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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4TH STREET ALLEY REHABILITATION -12-00 41 43 – BID FORMS
00 41 43 – BID FORMS
BID ACKNOWLEDGMENT
Bids will be received electronically via Planetbids
(https://pbsystem.planetbids.com/portal/39495/bo/bosearch), until 3:00 p.m. on Tuesday,
December 12, 2023.
4TH STREET ALLEY REHABILITATION
NAME OF BIDDER: ______________________________________________
To the CITY OF SAN BERNARDINO , with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, California 92401.
A. In response to the Notice Inviting Bids dated November 21, 2023 and in accordance
with the accompanying Instructions to Bidders, the undersigned hereby proposes to
the City to furnish all labor, technical and professional services, supervision, materials
and equipment, other than materials and equipment specified as furnished by the City,
and to perform all operations necessary and required to construct the Project in
accordance with the provisions of the Contract Documents and any addenda thereto,
and at the prices stated opposite the respective items set forth in the Bid Schedule.
B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 days after
the date set for opening of Bids, or until a Contract is executed by the City and a third
party, whichever is earlier.
C. The undersigned certifies that it has examined and is fully familiar with all of the
provisions of the Contract Documents and any addenda thereto; that it has carefully
checked all of the words and figures shown in its Bid Schedule; that it has carefully
reviewed the accuracy of all statements in this Bid and attachments hereto; and that it
understands and agrees that the City will not be responsible for any errors or
omissions on the part of the undersigned in preparing this Bid.
D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within
ten (10) days after date of receipt of Notice of Award, a signed Contract and the
necessary Performance Bond, Payment Bond, and Certificates of Insurance and
Endorsements.
E. The following Bid Forms, which have been completed and executed by the
undersigned Bidder, are incorporated by this reference and made a part of this Bid:
1. Bid Schedule
2. Bid Guarantee in the amount of not less than 10% of the Total Bid Price.
3. Completed Designation of Subcontractors form.
4. Fully executed Noncollusion Declaration form.
DIAMOND CONSTRUCTION & DESIGN
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4TH STREET ALLEY REHABILITATION -13-00 41 43 – BID FORMS
5. Completed Iran Contracting Act Certification form.
6. Completed Public Works Contractor DIR Registration Certification form.
7. Completed Contractor’s Certificate Regarding Workers’ Compensation form.
8. Completed Bidder Information and Experience Form.
F. The undersigned is hereby representing that it is and will be properly licensed both at
the time that it submits a Bid as well as at the time the Contract is awarded, if the
Contract is awarded to the undersigned.
1. Individual Contractor. Undersigned certifies that it is now licensed in accordance
with the provisions of the Contractor's License Law of the State of California.
License number
Expiration date
License classification
1. Joint Venture. Undersigned certifies that the individual members of the joint
venture are now licensed in accordance with the provisions of the Contractor's
License Law of the State of California.
Member No. 1
Name
License number
Expiration date
License classification
Member No. 2
Name
License number
Expiration date
License classification
(If there are more than two members of the joint venture, attach a page for the
additional member(s) with the above information.)
N/A
N/A
N/A
STELIAN ONUFREI
521295
02/28/2025
A,B
ADRIAN O'BRIAN
521295
02/28/2025
A,B
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4TH STREET ALLEY REHABILITATION -14-00 41 43 – BID FORMS
The undersigned acknowledges receipt, understanding, and full consideration of the following
addenda to the Contract Documents:
Addenda No. ________________________________________________
[SIGNATURE ON FOLLOWING PAGE]
Type text here1(ADD Q&A), #1(Q&A SET 1)
Type text here
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4TH STREET ALLEY REHABILITATION -15-00 41 43 – BID FORMS
I hereby certify under penalty of perjury under the laws of the State of California that all of the
information submitted in connection with this Bid and all of the representations made herein are
true and correct.
BIDDER: Bidder's Business Address:
(Company Name)
By
(Signature)
(Type or print name)
(Title)
(Where signed) (City, State)
(corporate seal)
, 20 Dated: DECE,BER 11
State of Incorporation:
(If the Prime Contractor is a corporation, two signatures of corporate officers are required.)
Names and addresses of all partners or joint venturers:
Statement of the authority of signatory to bind Bidder:
DIAMOND CONSTRUCTION & DESIGN - PARTNERSHIP
STELIAN ONUFREI
GENERAL PARTNER
LA HABRA, CALIFORNIA
23
921 N HARBOR BLVD #622
LA HABRA CA 90631
- PARTNERSHIP
N/A
N/A
STELIAN ONUFREI - GENERAL PARTNER
732 GAINSBOROUGH DR, LAGUNA BEACH CA 92651
ADRIAN O'BRIAN - QUALIFY PARTNER
510 ALABAMA ST, HUNTINGTON BEACH CA 92648
I, STELIAN ONUFREI, GENERAL PARTNER OF DIAMOND CONSTRUCTION & DESIGN,
HAVE THE POWER AND RESPONSIBILITY TO MAKE LEGALLY BINDING DECISIONS AND SIGN
DOCUMENTS AND CONTRACTS ON BEHALF OF THE ENTITY.
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4TH STREET ALLEY REHABILITATION -16-00 41 43 – BID FORMS
BID SCHEDULE
NO.ITEM DESCRIPTION
UNIT OF
MEASURE
EST.
QTY.
UNIT
PRICE ITEM COST
1.Mobilization LS 1
2.Traffic Control - Furnish, install, and maintain all
traffic control, detour sign, striping, fencing and
safety measures to perform work, including
traffic control and/or construction phasing plan.
LS 1
3. Prepare Erosion Control Plan LS 1
4. AC Pavement and Aggregate Base Removal SF 4,259
5. PCC Pavement and Aggregate Base Removal SF 426
6. Removal of Catch Basin EA 1
7. Removal of Curb & Gutter LF 31
8. Removal of Tree and Tree Well EA 1
9. Curb Drain Relocation EA 2
10. Sawcut LF 131
11. Subgrade Preparation CY 87
12. Import CY 84
13. Grading SF 4,259
14. Backfilling and Re-compaction CY 21
15. Erosion Control BMPs and Maintenance LS 1
16. Full Depth AC Pavement TON 0.7
17. PCC Driveway (Commercial)SF 178
18. PCC Sidewalk SF 60
19. 8” Curb and Gutter LF 31
20. Aggregate Base CY 88
21. 4” PVC SDR-35 Storm Drain Pipe LF 44
22. 12”x12” Catch Basin Traffic Rated w/ ADA
Compliant Grate and Filter Insert
EA 2
1,950
28,500 28,500
25,000 25,000
1,950
4.15
4.15
17,674.85
1,767.90
5,800 5,800
60 1,860
10,600 10,600
3,700 7,400
15 1,965
160 13,920
220 18,480
16 68,144
175 3,675
1,9501,950
6,000 4,200
35 6,230
150 9,000
165 5,115
165 14,250
85 3,740
3,800 7,600
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4TH STREET ALLEY REHABILITATION -17-00 41 43 – BID FORMS
23. PCC Pavement SF 1,373
24. Permeable Pavers SF 3,500
25. 500 SF TransFold Stage Platform, Stafe/Riser
Caddy, and Portable Steps. Midwest Folding
Products Nos. TF4824P, MSC, and TST3 or Equal
LS 1
26. Custom Neon Alley Entrance Sign, Arch, and
Gate w/ Security and Knox Padlock Fabricate
and Install
EA 1
27. Tree Well EA 1
28. Tree Planter EA 1
29. Trees EA 3
30. Shrub and Ground Cover SF 380
31. Irrigation System SF 380
32. 5/8” x 3/4” Irrigation Meter Service EA 1
33. Bike rack EA 2
34. Trash Receptacle EA 7
35. Outdoor Grade Bench EA 3
36. Light Pole EA 10
37. Wall Mounted Light Fixture EA 10
38. Electrical Receptacle w/ Outdoor Cover EA 3
39. Electrical Wiring and Conduit LS 1
40. Electrical Meter Pedestal and Service EA 1
41. Construction 4’x8’ Project Signs EA 1
42.Sole Alley Wayfinding Sign and Post per City of
San Bernardino Std. Plan 504
EA 4
43. Geotechnical Testing including Compaction and
Percolation/Infiltraion
LS 1
44. Adjust Items to Grade as Noted per Plan EA 5
45. 5” PVC SDR-35 Storm Drain Pipe to Existing 5”
Storm Drains.
LF 11
25 34,325
51 178,500
27,000 27,000
78,200 78,200
4,600 4,600
4,750 4,750
1,260 3,780
8 3,040
20 7,600
2,000 2,000
1,500 3,000
4,700 32,900
5,200 15,600
5,900 59,000
3,300 33,000
2,900 8,700
79,000 79,000
31,000 31,000
900 900
17,000 17,000
7,500 7,500
900 4,500
150 1,650
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4TH STREET ALLEY REHABILITATION -18-00 41 43 – BID FORMS
46. Sawcut Scorelines per Plan LF 31
47. Construction Survey LS 1
48. Protect Items in Place as Noted per Plan EA 38
BASE BID TOTAL $
TOTAL BID PRICE BASED ON BID SCHEDULE
$
Total Base Bid in Numbers
The costs for any Work shown or required in the Contract Documents, but not specifically
identified as a line item are to be included in the related line items and no additional compensation
shall be due to Contractor for the performance of the Work.
All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render
the bid non-responsive. In case of discrepancy between the Unit Price and Item Cost set forth
for a unit basis item, the Unit Price shall prevail and be utilized as the basis for determining the
lowest responsive, responsible Bidder. However, if the amount set forth as a Unit Price is
ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the
entry in the Item Cost column, then the amount set forth in the Item Cost column for the item shall
prevail and shall be divided by the estimated quantity for the item and the price thus obtained
shall be the Unit Price.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit
prices and any apparent errors in the addition of lump sum and extended prices.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the
City makes no representation that the actual quantities of work performed will not vary from the
estimates. Final payment shall be determined by the Engineer from measured quantities of work
performed based upon the Unit Price.
The undersigned agrees that this Bid Schedule constitutes a firm offer to the City which cannot
be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and
after the Bid opening, or until a Contract for the Work is fully executed by the City and a third
party, whichever is earlier.
If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or
none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items,
the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for
the Work. The City can award/select Alternate Bid items at any time(s).
19 589
12,235 12,235
500 19,000
979,460.75
979,460.75
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4TH STREET ALLEY REHABILITATION -19-00 41 43 – BID FORMS
Name of Bidder
Signature
Name and Title
Dated
DIAMOND CONSTRUCTION & DESIGN
STELIAN ONUFREI - GENERAL PARTNER
12/11/23
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works
Department:Public Works
Subject:Agreement with Yunex, LLC., for Traffic Signal
Intersection On-Call and Emergency Repair Services
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Maintenance Services Agreement with
Yunex, LLC., for traffic signal intersection on-call and emergency repair services;
and
2. Authorize the Director of Finance to issue a purchase order in the amount
of $600,000 to Yunex, LLC.
Executive Summary
A purchase order in the amount of $600,000 is requested for traffic signal intersection
on-call and emergency repair services for Yunex, LLC. These services are critically
needed for City-wide traffic intersection maintenance and repairs. The amount
requested is consistent with the projected traffic intersection repairs required due to
increased vandalism, collisions, and aging equipment.
Background
The Operations and Maintenance Division (O&M) of the Public Works Department
is responsible for the maintenance, repair, and clean-up of City-owned
infrastructure and rights of way. In conjunction with the Engineering Division of
Public Works, it is also responsible for ensuring the City’s traffic intersections are
properly maintained, inspected, upgraded, and repaired as needed. General
maintenance, repair, and inspection of traffic intersections is largely performed by
in-house staff that are part of the Traffic and Lighting work section of the O&M
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Division; however, contractual services are often utilized for repairs that occur after
hours or are beyond staff’s equipment and materials availability.
Discussion
The City of San Bernardino has nearly 275 traffic intersections comprised of various
traffic signal components and hardware. Annually, numerous traffic collisions at
intersections occur which may necessitate the immediate repair and replacement
of damaged components to include large poles and signal heads. These collisions
often occur after work hours or on weekends and require the utilization of a
contractor in order to expedite the repairs and/or possible replacement of
components and traffic cabinets. In many instances, repairs are required on an
emergency basis to avert traffic back-ups at busy intersections. In addition, aging
equipment and components routinely need replacement throughout many of our
intersections.
The Operations and Maintenance Division of Public Works worked with the Finance
Department, and in May of 2023, a formal bid process was initiated to solicit bids for
traffic signal intersection on-call and emergency services in Request for Proposal No.
F-23-51. Notices were posted on the City’s website.
The results of the bid opening yielded three qualified vendors who were evaluated on
the following criteria by a selection committee:
1. Proposed Scope of Services: Materials, Reporting, Licenses, Safety/Compliance.
2. Proposed Scope of Services Part II: Technical, Terms, Services Required.
3. Executive Summary, Staffing Resources.
4. Fiscal Stability.
5. Proposed Method to Accomplish the Work.
6. Experience and Technical Competence.
7. Project Specific Experience.
The selection committee was asked to score a seven (7) part evaluation sheet on a 0-
10 scale for each area for a total max score of 70. The evaluation also included a
thorough review of mandatory requirements. This RFP was not based on the lowest
cost. It is based on the most responsive and responsible bidder. The cost, however,
was weighted at 40% of total points, meaning that the total scores from the selection
committee are valued at 60% of the total points. In its final review and consolidation
of committee scores with Procurement’s weighted scores for cost, it was determined
that Yunex, LLC was the winning vendor as noted in the table below. It is important to
note that the amounts reflected below are for the total cost of unit (items) as requested
in the cost sheet. The overall amount of the requested purchase order will be set at
$600,000 annually for this maintenance service agreement. The results of the
solicitation are provided below.
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BIDDER CITY TOTAL COST
Yunex, LLC Riverside, CA $309,070
Bear Electrical Solutions,
Inc.
Alviso, CA $328,743.04
St. Francis Electric, LLC Riverside, CA $338,729.30
Staff are confident that Yunex is qualified to perform the required work for this
maintenance services agreement and noted the extensive experience of their staff in
their proposal. Additionally, Yunex is well regarded in this region and has previously
provided services to the city. The term of the proposed agreement shall be from
January 17, 2024, to June 30, 2025, with four option years to be exercised at the City’s
discretion.
2021-2025 Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key
Target 1e: Minimize risk and litigation exposure. Approval of this agreement will reduce
the risk of potential liability associated with tort cases and significantly reduce the
number of open work order requests. It is also aligned with Key Target 3c: Evaluate
and enhance the quality of public safety services.
Fiscal Impact
Budget within the FY 2023/24 Operating Budget was appropriated during adoption.
The General Fund impact is $113,500, and the Gas Tax impact is $486,500. These
amounts will be programmed annually in future budget for option years.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Maintenance Services Agreement with
Yunex, LLC., for traffic signal intersection on-call and emergency repair services;
and
2. Authorize the Director of Finance to issue a purchase order in the
amount of $600,000 to Yunex, LLC.
Attachments
Attachment 1 Maintenance Services Agreement
Attachment 2 Bid Documents – RFP No. F- 23- 51Attachment
Attachment 3 Bid Matrix – Pricing Summary
Ward:
All Wards
Synopsis of Previous Council Actions:
November 2, 2022 Agreement with St. Francis for Traffic Signal Maintenance Services
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CITY OF SAN BERNARDINO
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 17th day of January, 2024 by and between
the City of San Bernardino, a municipal corporation organized under the laws of the State of
California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino,
California 92401, County of San Bernardino, State of California (“City”) and Yunex, LLC., a
California Corporation with its principal place of business at 2250 Business Way, Riverside,
California 92501 (“Contractor”). City and Contractor are sometimes individually referred to as
“Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing TRAFFIC SIGNAL INTERSECTION ON-
CALL AND EMERGENCY REPAIR services to public clients, that it and its employees or
subcontractors have all necessary licenses and permits to perform the Services in the State of
California, and that is familiar with the plans of City. Contractor shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the TRAFFIC SIGNAL
INTERSECTION ON-CALL AND EMERGENCY REPAIR services project (“Project”) as set forth
in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional TRAFFIC SIGNAL INTERSECTION
ON-CALL AND EMERGENCY REPAIR maintenance services necessary for the Project
(“Services”). The Services are more particularly described in Exhibit “A” attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
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3.1.2 Term. The term of this Agreement shall be from January 17, 2024 to June
30th, 2025 unless earlier terminated as provided herein. The City shall have the unilateral option,
at its sole discretion, to renew this Agreement automatically for no more than four additional one-
year terms. Contractor shall complete the Services within the term of this Agreement, and shall
meet any other established schedules and deadlines. The Parties may, by mutual, written
consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Contractor shall also not be employees of City and shall at all times be under
Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers’ compensation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it
has the professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall
respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Ernesto Salinas, or his
or her designee, to act as its representative for the performance of this Agreement (“City’s
Representative”). City’s Representative shall have the power to act on behalf of the City for all
purposes under this Agreement. Contractor shall not accept direction or orders from any person
other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Steven Teal,
or his or her designee, to act as its representative for the performance of this Agreement
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s
Representative shall supervise and direct the Services, using his or her best skill and attention,
and shall be responsible for all means, methods, techniques, sequences and procedures and for
the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City’s staff, consultants and other staff at
all reasonable times.
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3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions of this
Agreement, Contractor shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by the
Contractor’s failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent,
a threat to the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner acceptable to
the City, shall be promptly removed from the Project by the Contractor and shall not be
re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages, and not as a penalty, the sum of Ten Dollars ($10.00) per day for each calendar day of
delay beyond the Performance Time or beyond any completion schedule or Project milestones
established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with Services. If the Contractor performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a
public entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed
that all provisions of the law applicable to the public contracts of a municipality are a part of this
Agreement to the same extent as though set forth herein and will be complied with. These include
but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor
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shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight
(8) hours during any one calendar day except as permitted by law. Contractor shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out
of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to,
the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement, and shall not violate any
such law at any time during the term of the Agreement. Contractor shall avoid any violation of
any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Contractor shall maintain records of each such verification, and
shall make them available to the City or its representatives for inspection and copy at any time
during normal business hours. The City shall not be responsible for any costs or expenses related
to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and
Consultants. To the same extent and under the same conditions as Contractor, Contractor shall
require all of its subcontractors, sub-subcontractors and consultants performing any work relating
to the Project or this Agreement to make the same verifications and comply with all requirements
and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the City to terminate
the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or
consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any
misrepresentation or material omission concerning compliance with such requirements (including
in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to
immediately remove from the Project any person found not to be in compliance with such
requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is
an equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and
against any and all fines, penalties, claims or other regulatory requirements imposed as a result
of Contractor’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in this
Section. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Contractor with a list of training programs that meet
the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this Section. In addition, Contractor shall not allow any subcontractor
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to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum levels
of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3)
Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required
by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security
(Cyber), in a form and with insurance companies acceptable to City. The policy shall not contain
any exclusion contrary to the Agreement, including but not limited to endorsements or provisions
limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29);
or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability: $2,000,000 MINIMUM; and $4,000,0000 aggregate per
occurrence for bodily injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with general aggregate limit is used including, but not limited to, form CG
2503, either the general aggregate limit shall apply separately to this Agreement/location or the
general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’
Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor
Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident
for bodily injury or disease; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE
for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or
spread of malicious software code. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies. In the event any policy of insurance required under this Agreement does not
comply with these specifications or is canceled and not replaced, the City has the right but not
the duty to obtain the insurance it deems necessary and any premium paid by the City will be
promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium
from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of San Bernardino, its
directors, officials, officers, employees, agents, and volunteers shall be named as additional
insureds on Contractor’s and its subcontractors’ policies of commercial general liability and
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automobile liability insurance using the endorsements and forms specified herein or exact
equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Contractor shall provide endorsements on forms supplied or approved
by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or
be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements
providing the exact same coverage, the City of San Bernardino, its directors, officials, officers,
employees, agents, and volunteers shall be covered as additional insured with respect to the
Services or ongoing and complete operations performed by or on behalf of the Contractor,
including materials, parts or equipment furnished in connection with such work; and (2) using ISO
form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall
be primary insurance as respects the City, its directors, officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s
scheduled underlying coverage. Any excess insurance shall contain a provision that such
coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before
the City’s own primary insurance or self-insurance shall be called upon to protect it as a named
insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers,
employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in
Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds pursuant
to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents, and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired
or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be
excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties
required to be named as additional insureds pursuant to this Section 3.2.11.3(B).
(C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents, and volunteers for losses paid under the terms of the insurance
policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice
by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply
with reporting or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
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Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the City, its officials, officers, employees, agents
and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers,
employees, agents, and volunteers, or any other additional insureds, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, its officials, officers, employees, agents, and volunteers, or any other additional
insureds, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Contractor shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its directors, officials, officers, employees, agents,
and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not
allow any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
insurance required under this Section. If requested by Contractor, the City may approve different
scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City
shall be named as additional insureds on all subcontractors’ policies of Commercial General
Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement
on forms satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall
be on forms provided by the City if requested. All certificates and endorsements must be received
and approved by the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in
addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
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work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace
the affected bond within 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII
and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet
these requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
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shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Site.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services
are to be performed and shall become acquainted with all conditions affecting the Services prior
to commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface
improvements. No claim for allowances–time or money–will be allowed as to such matters after
commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract Documents, including any
plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or
omissions discovered shall be reported to the City immediately and prior to performing any
Services or altering the condition.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Contract (which for
purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period
of one year (or the period of time specified elsewhere in the Contract or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
of the Services to the Contract, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct
defective work shall be reinstated for an additional one year period, commencing with the date of
acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Contract. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
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transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed Six Hundred Thousand Dollars and No Cents ($600,000) without written approval
of City’s Finance Director. Extra Work may be authorized, as described below, and if authorized,
will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each
progress payment an amount necessary to protect City from loss because of: (1) stop payment
notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3)
sums representing expenses, losses, or damages as determined by the City, incurred by the City
for which Contractor is liable under the Agreement; and (4) any other sums which the City is
entitled to recover from Contractor under the terms of the Agreement or pursuant to state law,
including Section 1727 of the California Labor Code. The failure by the City to deduct any of
these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on certain “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect
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at the commencement of this Contract. Contractor shall make copies of the prevailing rates of
per diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at Contractor’s principal place
of business and at the project site. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees and agents free and harmless from any claims, liabilities, costs,
penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all
California Labor Code provisions, which include but are not limited to prevailing wages (Labor
Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5),
certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section
1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner
under Labor Code section 1771.4 shall not apply to work performed on a public works project that
is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000
or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code
Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is
exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and
1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or
any subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
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3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
Yunex, LLC
2250 Business Way
Riverside, California 92501
Attn: Steven Teal
City:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
volunteers free and harmless from any and all claims, demands, causes of action, suits, actions,
proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage
or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent,
or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any
manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful
misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Contractor’s Services, the Project or this Agreement,
including without limitation the payment of all expert witness fees, attorneys’ fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code
section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death
or bodily injury to persons, injury to property, or any other loss, damage or expense which is
caused by the the sole or active negligence or willful misconduct of the City or the City’s agents,
servants, or independent contractors who are directly responsible to the City.
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3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims
covered by this indemnification section that may be brought or instituted against City or its officials,
employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also
reimburse City for the cost of any settlement paid by City or its officials, employees, agents and
volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall
include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor
shall reimburse City and its officials, employees, agents and volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its
officials, employees, agents and volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in San Bernardino County,
California. In addition to any and all contract requirements pertaining to notices of and requests
for compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. 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 calendar days and not work
days. All references to Contractor include all personnel, employees, agents, and subcontractors
of Contractor, except as otherwise specified in this Agreement. All references to City include its
officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
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of reference only, and do not define, limit, augment, or describe the scope, content or intent of
this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this Agreement,
or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.18 Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered as an
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original signature for all purposes and shall have the same force and effect as an original
signature.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND YUNEX, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
APPROVED BY:
CHARLES A. MONTOYA
City Manager
ATTESTED BY:
GENOVEVA ROCHA, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
YUNEX, LLC
By:
Its:
Printed Name:
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
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Exhibit A
Scope of Services
Traffic Signal Intersection On-Call and Emergency Repair Services Scope of
Work and Technical Specifications
The City of San Bernardino is seeking on-call support and emergency repair/replacement
services for the City’s traffic signals and related infrastructure. The vendor will provide services
related to the repair and replacement of traffic signal knockdowns related to vandalism or
accidents.
During on-call or emergency requests, the vendor will furnish all labor, materials, equipment,
and perform all work to repair traffic signals (to include poles) and related components
(including intersection safety lights). In some instances, the City may opt to furnish materials
to expedite the repair of a signalized intersection and return it to an operational status. This
will require pre-authorization by the Contract Administrator.
Description of Services
Traffic Signal Repair and/or Replacement
The includes the repair and/or replacement of any signals of any type which may be
malfunctioning as a result of vandalism, knockdown due to accidents, wind or weather-related
damage, malfunction, and/or any other type of failure.
1.Accidental Damage Repair – will consist of repairing damage to traffic signal systems
(to include safety lights) and poles/foundations resulting from vehicular accidents.
Accidental repair work includes cleanup of debris, such as that from a pole
knockdown, set-up of barricades or other traffic control signs, hook-up of temporary
controllers, temporary poles, temporary signals (as necessary), and any other work
related to safeguarding the site against all injury or damage to the public and to
return the intersection to a fully operational status as quickly as possible. The vendor
will provide adequate traffic control and warning signs per Manual on Uniform Traffic
Control devices (MUTCD) guidelines and shall maintain proper work site and
directional signs while performing repair work. All temporary signals, controllers, or
other equipment shall provide the same functional capability as the original
installation.
2.Vandalism—This work will consist of repairing damage to traffic signal systems as
a result of theft, break-in (into cabinets), or even purposeful knockdown of poles.
Parts, Material Quality, and Workmanship
1.Unless otherwise provided for in the specifications, all workmanship,
equipment, materials, and articles incorporated in the work covered by this
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agreement shall be of the best quality of their respective kind and for their
purpose. Wherever replacement of material or equipment, in accordance with
the Standard Plans and Specifications may cause an obvious difference in
either appearance or operation of the system or would be in any way
incompatible with other existing equipment, the vendor shall so inform City
staff. All phases of the work are subject to inspection and approval of City
staff.
2.All permanent repairs to the system shall be undertaken within a thirty (30) day
period. Failure to effect permanent repairs within this time limit shall be
sufficient cause for City staff to authorize repairs to be completed by another
contractor.
3.The vendor shall be responsible for furnishing all spare parts necessary to
maintain the continued safe and efficient operation of the signals whenever the
original unit is withdrawn for maintenance, repair, or modification. All
component parts of each system shall be maintained at all times to perform the
functions for which they were designed, unless authorized otherwise by City
staff.
Repair or Replacement Services Records
The following records shall be maintained by the vendor covering signal maintenance activities:
1.A record of all repairs, and relevant data pertaining to each individual
intersection will be kept in the controller cabinet and properly annotated by
the vendor, at the time of any repair work or modifications. A duplicate record
will be kept on file in the vendor's office and will be sent to City staff, included
on the monthly summary report. The vendor shall supply a copy of the
maintenance record to City staff.
2.A database shall be maintained indicating previous maintenance and
scheduled maintenance work.
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Exhibit B
Schedule of Services
Response and Service
The vendor shall provide response and service in the following manner:
1.The vendor shall designate and inform City staff of a telephone number(s),
where a representative can be reached concerning response or on-call
maintenance. The vendor shall be accessible at this telephone number(s) and
available to perform traffic signal repair/response maintenance, twenty-four
(24) hours a day, seven (7) days a week, including holidays. A fax number and
an e- mail address for transmitting documents shall be owned and operated by
the vendor.
2.When the notification is sent by City staff to the vendor between 8:00 a.m.
and 5:00 p.m., the response time shall not exceed two (2) hours, Monday
through Friday.
3.When the notification is received at any other time or on any other day, the
response time shall not exceed three (3) hours.
4.When a situation exists that City staff deems dangerous or an emergency and
so advises the vendor, the vendor shall dispatch qualified personnel and
appropriate equipment and material to correct the situation, as soon as
possible, but in no case later than indicated above.
5.Vendor’s response to emergency repair should be coordinated with City staff.
6.The vendor shall restore normal operation of each traffic signal or system
master covered under this contract within twenty-four (24) hours of
notification. On this end, the vendor shall install a City supplied substitute
controller unit and/or cabinet that can provide the same signal operation,
insofar as phasing and time, until the existing controller unit and/or cabinet can
be returned to service or replaced. The installation of a substitute cabinet shall
be considered as traffic signal repair/response maintenance and will be paid
as noted in the Unit Cost Sheet.
7.In the event the vendor is required to furnish a controller unit or cabinet, prior
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approval is required from City staff. If the existing controller unit or cabinet is
repairable, it shall be returned to service within thirty (30) days. The vendor or
shall use only City- recommended and supplied controllers, such as Naztec, or
Econolite Make Controllers ASC/2S, ASC/2M, Cobalt, or McCain 2070 etc.
The Contractor shall not use any other type of controllers from other
manufacturers not recommended by City staff.
8.If temporary stop signs are in place at the intersection when the vendor
arrives, the vendor shall coordinate with City staff regarding removal of the
signs when the traffic signal is placed in operation.
9.If the response time exceeds eight (8) hours or more, City staff reserves
the right to have the repairs done by another company at the sole expense
of the vendor. All penalty costs will be deducted from the monthly
payments to the vendor.
10.The vendor shall provide all material and equipment required for response
maintenance. Permanent repairs shall be completed as soon as possible,
and, in all cases, within thirty (30) days, unless extended, due to unusual
circumstances, by City staff. City staff may extend the maximum response
time if materials are unavailable due to national shortages.
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Exhibit C
Compensation
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REQUEST FOR PROPOSALS
FOR
CITY OF SAN BERNARDINO
FOR
RFP F-23-51
TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES
(KNOCKDOWNS)
CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
WWW.SBCITY.ORG
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CITY OF SAN BERNARDINO
NOTICE INVITING PROPOSALS
TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES
(KNOCKDOWNS)
RFP F-23-51
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San
Bernardino via Planetbids until 3:00 PM, June 27, 2023. Proposals received after this date will
be returned to the proposers unopened. Faxed or electronically submitted proposals will not be
accepted.
The City is requesting proposals to provide: Traffic Signal On-Call Services and Emergency
Repair Services (Knockdowns)
The award of this contract is subject to available budget adequate to carry out the provisions of
the proposed agreement including the identified scope of work. The City reserves the right to
reject any or all proposals determined not to be in the best interest of the City.
Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the
City’s web site, www.sbcity.org. All addenda will be published on the City’s website.
For more information regarding the RFP, please contact:
City of San Bernardino Purchasing Department
www.purchasing@sbcity.org
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CITY OF SAN BERNARDINO
REQUEST FOR PROPOSALS
TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES
(KNOCKDOWNS)
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”)
for Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns)
(“Services”).
To serve and promote the welfare of its residents, the City intends to procure the Services, as
described below.
II. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in
Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding the
inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City
and the successful Proposer shall be set forth in the Maintenance Services Agreement
executed by and between City and the successful Proposer. A copy of the Agreement is attached
hereto as Exhibit “C” and incorporated herein by this reference.
1. Public Works Prevailing Wage and Contractor Registration: Certain labor
categories under this project may be subject to prevailing wages as identified in the State of
California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable,
employees working in these categories at the site must be paid not less than the basic hourly
rates of pay and fringe benefits established by the California Department of Industrial Relations.
Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/.
In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s
Public Works Department upon request. The successful bidder shall post a copy of the
prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract
is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include
but are not limited to the payment of not less than the said specified prevailing wage rates to all
workers employed by them in the execution of the Contract, employment of apprentices, hours of
labor and debarment of contractors and subcontractors. If the total compensation under the
contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all
contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a
contract to perform public work must be registered with the Department of Industrial Relations
(“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s
and subcontractors’ current registration with the DIR to perform public work. If awarded a
contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the
DIR for the duration of the Project. The contract awarded pursuant to this proposal may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company,
corporation or joint venture.
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B. City Contact for this RFP
The principal contact for the City regarding this RFP will be Mayra Calderon, Buyer,
Purchasing Department, purchasing@sbcity.org or a designated representative, who will
coordinate the assistance to be provided by the City to the Proposer.
C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical, must
be requested in writing and directed to the City Contact for this RFP, identified above.
All written questions, if answered, will be issued to all prospective proposers via email notification
from Planetbids. Oral statements regarding this RFP by any persons should be considered
unverified information unless confirmed in writing. To ensure a response, questions must be
submitted to Planetbids by Thursday, June 13th 3:00 p.m. local time on the date identified in
the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all
addenda, clarifications, supplemental information, and responses to questions prior to submitting
a proposal.
D. Pre-Proposal Meeting
Meeting is not required.
E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and
applicable experience. Proposals shall include one (1) electronic proposal submitted to
Planetbids. Proposals shall be organized, tabbed, and numbered in the order presented below.
Proposals must include page numbers for all pages in the proposal.
Proposals shall be in the following order and shall include:
1. Executive Summary: (limit: 1 page) Summarize the content of your
proposal in a clear and concise manner.
2. Table of Contents: (limit: 1 page)
3. Identification of Proposer: (limit: 1 page)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,”
identify the “parent company.”
d. Name, title, address and telephone number of the proposed
representative to contact concerning the Proposal Submittal.
e. California Business License Number
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4. Staffing Resources: (limit: 2 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the
Services and the names/discipline/job title of each as well
as your firm’s capacity to provide additional personnel as
needed.
(ii) Identify three (3) persons that shall be principally
responsible for working with the City. Indicate the role and
responsibility of each individual. If the Proposer is chosen
as a finalist, these principal individuals must attend the
interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please
include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working
directly with the City.
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be
subcontracted and identify the subcontractor(s) that is
anticipated to perform each function, if known at this time.
5. Fiscal Stability: (limit: 4 pages- not including supporting documentation)
a. The Proposer should provide evidence of corporate stability
including:
(i) A current report from any commercial credit rating service
such as Dunn and Bradstreet or Experian; or
(ii) A letter from a financial institution stating a current line of
credit; and
(iii) Latest audited financial statement and/or annual report that
has been certified by a CPA. This information will remain
confidential and is not subject to public disclosure.
6. Experience and Technical Competence: (limit: 4 pages)
a. Experience
(i) The Proposer shall provide a description of how the
Proposer’s experience, technical and professional skills will
meet the goals and fulfill the general functions identified in
this RFP.
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(ii) Describe the past experience of the staff to be assigned to
perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has
conducted business. Proposer must have at least four (4)
years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s
experience and performance performing similar services.
Include the following information: (1) Organization/City,
contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of
services.
(v) Describe the Proposer’s local experience and knowledge
of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most
relevant service contracts held within the last five years, one
page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in
detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
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(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.
Conviction of the firm or its principals for violating a
state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing
concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws or
regulations.
Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.
c. Technical Competence
(i) Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the
services requested in this RFP.
7. Proposed Method to Accomplish the Work: (limit: 2 pages) Describe the
technical and management approach to providing the services to the City. Proposer should take
into account the scope of the Services, goals of the City, and general functions required. Include
a draft first year schedule of tasks, milestones, and deliverables that will provide for timely
provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”,
the Proposer may identify additional necessary tasks and is invited to bring these to the City’s
attention within the discussion of its proposed method to accomplish the work.
8. Fee Proposal: (limit: 8 pages) Please provide a Unit Cost fee proposal for
the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional
Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”). Fee
Proposal shall be uploaded separately to Planetbids under the “Cost File” tab.
9. Certificate of Insurance: (limit: 2 pages) - not including supporting
documentation. See the Agreement, attached hereto as Exhibit “B”, for a description of the
insurance requirements. Proposer shall provide a copy of their Certificate of Insurance showing
that their insurance meets the requirements of the city.
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10. Litigation: (limit: 2 pages) Provide litigation history for any claims filed by
your firm or against your firm related to the provision of Services in the last five (5) years.
11. Other Information: (limit: 2 pages) This section shall contain all other
pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing
projects on time and within the allocated budget.
b. Description of community involvement.
c. Description of any previous involvement with the City.
d. A statement that the Proposer has no conflicts of interest in
connection with providing the Services.
12. Certification of Proposal: This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the
City in accordance with the Request for Proposal (RFP), and to be bound by the terms and
conditions of the RFP.”
13. Appendices: (limit: 2 pages)
F. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions
to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such
exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal.
As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the
insurance and indemnification provisions therein. If proposer does not take any exceptions or
deviations from the terms and conditions indicated in the agreement, then the proposer must
indicate this information by making a statement within the proposal documents.
G. Selection Process
1. The City will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of
California.
b. The Proposer has no conflict of interest with regard to any other
work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
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g. Fee proposal.
h. Comments by references. (Pass/Fail)
i. Exceptions/Deviations to RFP/Agreement Template (Pass/Fail)
j. Litigations (Pass/Fail).
2. During the evaluation process, the City reserves the right, where it may
serve the City's best interest, to request additional information or clarifications from Proposers, or
to allow corrections of errors or omissions.
3. It is the City’s intent to select a Proposer best evidencing demonstrated
competence and professional qualification to perform the Services. The City reserves the right to
reject all proposals, select by proposal review only or interview as needed. Certain Proposers
may be selected to make a brief presentation and oral interview after which a final selection will
be made. The successful Proposer will be selected on the basis of information provided in the
RFP, in-person presentations, and the results of the City’s research and investigation. Upon
selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with
the selected Proposer. In the event that the City is unable to reach agreement, the City will
proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City
reserves the right to contract for services in the manner that most benefits the City including
awarding more than one contract if desired.
4. After negotiating a proposed Agreement that is fair and reasonable, City
staff will make the final recommendation to the City Council concerning the proposed Agreement.
The City Council has the final authority to approve or reject the Agreement.
H. Protests
1. Protest Contents: Protests based on the content of the RFP shall be
submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal
deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of
the protest. Proposer may protest a contract award if the Proposer believes that the award was
inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in
writing with the City (email is not acceptable) within five (5) business days after receipt of
notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after
notification of the contract award will be rejected by the City as invalid and the Proposer’s failure
to timely file a protest shall waive the Proposer’s right to protest the contract award. The
Proposer’s protest must include supporting documentation, legal authorities in support of the
grounds for the protest and the name, address and telephone number of the person representing
the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed
waived.
2. City Review: The City will review and evaluate the basis of the protest,
provided that the protest is filed in strict conformity with the foregoing. The City shall provide the
Proposer submitting the protest with a written statement concurring with or denying the protest.
Action by the City relative to the protest will be final and not subject to appeal or reconsideration.
The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole
and exclusive remedy in the event of protest. Failure to comply with these procedures shall
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constitute a waiver of any right to further pursue the protest, including filing a Government Code
claim or legal proceedings.
I. Proposal Schedule
The tentative schedule is as follows:
ACTION DATE
Release of Request for Proposal May 25, 2023
Last day to Submit questions for Clarification
received by the City on or before June 13, 2023, 3:00 pm
June 13, 2023
Clarifications Issued by City on or before June 20, 2023,
3:00 pm
June 20, 2023
Deadline for Receipt of Proposals
submitted on or before June 27, 2023 3:00 pm
June 27, 2023
The above scheduled dates are tentative and City retains the sole discretion to adjust the above
schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the
above-described professional Services and City retains the sole discretion to cancel or modify
any part of or all of this RFP at any time.
J. Submittal Requirements
1. General: It is strongly recommended that the Proposer submit proposals
in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.
All requirements and questions in the RFP should be addressed and all requested data shall be
supplied. The City reserves the right to request additional information which, in the City’s opinion,
is necessary to assure that the Proposer’s competence, number of qualified employees, business
organization, and financial resources are adequate to perform according to the Agreement.
2. Preparation: Proposals should be prepared in such a way as to provide a
straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.
Responses should emphasize the Proposer’s demonstrated capability to perform the Services.
Expensive bindings and promotional materials, etc., are not necessary or desired. However,
technical literature that supports the approach to providing the Services and work plan should be
forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach
to the work and clarity of proposal.
3. Site Examination: Proposers may visit the City and its physical facilities to
determine the local conditions which may in any way affect the performance of the work;
familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and
codes affecting the performance of the work; make such investigations, as it may deem necessary
for performance of the Services at its proposal price within the terms of the Agreement; and
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correlate its observations, investigations, and determinations with the requirements of the
Agreement.
4. Authorization: The proposal shall be signed by an individual, partner,
officer or officers authorized to execute legal documents on behalf of the Proposer.
5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson
v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be
held confidential by City and shall not be subject to disclosure under the California Public Records
Act (Cal. Government Code section 6250 et seq.) until after either City and the successful
Proposer have completed negotiations and entered into an Agreement or City has rejected all
proposals. All correspondence with the City including responses to this RFP shall become the
exclusive property of the City and shall become public records under the California Public Records
Act. Furthermore, the City shall have no liability to the Proposer or other party as a result of any
public disclosure of any proposal or the Agreement.
If a Proposer desires to exclude a portion of its proposal from disclosure under the
California Public Records Act, the Proposer must mark it as such and state the specific
provision in the California Public Records Act which provides the exemption as well as the
factual basis for claiming the exemption. For example, if a Proposer submits trade secret
information, the Proposer must plainly mark the information as “Trade Secret” and refer to the
appropriate section of the California Public Records Act which provides the exemption as well
as the factual basis for claiming the exemption. Although the California Public Records Act
recognizes that certain confidential trade secret information may be protected from disclosure,
the City may not be in a position to establish that the information that a Proposer submits is a
trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or
“Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the
information with reasonable notice to seek protection from disclosure by a court of competent
jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City
written notice of Proposer's objection to the City's release of Proprietary Information. Proposer
shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and
agents from and against all liability, loss, cost or expense (including attorney's fees) arising out
of a legal action brought to compel the release of Proprietary Information.
Proposals which indiscriminately identify all or most of the proposal as exempt from
disclosure without justification may be deemed unresponsive and disqualified from further
participation in this procurement.
Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for
system to process your proposal. The Proposal must be received no later than 3:00pm PST, on
or before June, 27, 2023. The City shall not be responsible for proposals that are not received on
time. The City will not be responsible for and will not accept late bids due to slow internet
connection, or incomplete transmissions.
K. General Conditions
1. Amendments to RFP: The City reserves the right to amend the RFP and
issue to all Proposers an addendum.
2. Amendments to Proposals: Unless specifically requested by the City, no
amendment, addendum or modification shall be accepted after a proposal has been submitted to
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City. If a change to a proposal that has been submitted is desired, the submitted proposal must
be withdrawn and the replacement proposal submitted prior to the deadline stated herein for
receiving proposals.
3. Non-Responsive Proposals: A proposal may be considered non-
responsive if conditional, incomplete, or if it contains alterations of form, additions not called for,
or other irregularities that may constitute a material change to the proposal.
4. Costs for Preparing: The City shall not compensate any Proposer for the
cost of preparing any proposal, and all materials submitted with a proposal shall become the
property of the City. The City will retain all proposals submitted and may use any idea in a proposal
regardless of whether that proposal is selected.
5. Cancellation of RFP: City reserves the right to cancel this RFP at any time
prior to contract award without obligation in any manner for proposal preparation, interview, fee
negotiation or other marketing costs associated with this RFP.
6. Price Validity: Prices provided by Proposers in response to this RFP are
valid for 120 days from the proposal due date. The City intends to award the contract within this
time but may request an extension from the Proposers to hold pricing, until negotiations are
complete and the contract is awarded.
7. No Commitment to Award: Issuance of this RFP and receipt of proposals
does not commit the City to award a contract. City expressly reserves the right to postpone the
proposal for its own convenience, to accept or reject any or all proposals received in response to
this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this
RFP.
8. Right to Negotiate and/or Reject Proposals: City reserves the right to
negotiate any price or provision, task order or service, accept any part or all of any proposals,
waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in
the sole opinion of City, such action shall serve its best interests and those of the tax-paying
public. The Proposers are encouraged to submit their best prices in their proposals, and City
intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s
requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the
Proposer whose proposal best meets City’s requirements.
9. Non-Discrimination: The City does not discriminate on the basis of race,
color, national origin, religion, age, ancestry, medical condition, disability or gender in
consideration for an award of contract.
Publication Date of RFP: May 25, 2023
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EXHIBIT “A”
Scope of Work:
TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES
(KNOCKDOWNS)
The City of San Bernardino is seeking on-call support and emergency repair/replacement
services for the City’s traffic signals and related infrastructure. The vendor will primarily provide
services related to the repair and replacement of traffic signal knockdowns related to vandalism
or accidents.
During on-call or emergency requests, the vendor will furnish all labor, materials, equipment,
and perform all work to repair traffic signals (to include poles) and related components
(including intersection safety lights). In some instances, the City may opt to furnish materials in
order to expedite the repair of a signalized intersection and return it to an operational status;
however, this will require pre-authorization by the Contract Administrator.
Description of Services
Traffic Signal Repair and/or Replacement
This primarily includes the repair and/or replacement of any signals of any type which may be
malfunctioning as a result of vandalism, knockdown due to accidents, wind or weather-related
damage, malfunction, and/or any other type of failure.
1. Accidental Damage Repair – will consist of repairing damage to traffic signal systems
(to include safety lights) and poles/foundations resulting from vehicular accidents.
Accidental repair work includes cleanup of debris, such as that from a pole knockdown,
set-up of barricades or other traffic control signs, hook-up of temporary controllers,
temporary poles, temporary signals (as necessary), and any other work related to
safeguarding the site against all injury or damage to the public and to return the
intersection to a fully operational status as quickly as possible. The vendor will provide
adequate traffic control and warning signs per MUTCD guidelines and shall maintain
proper work site and directional signs while performing repair work. All temporary
signals, controllers, or other equipment shall provide the same functional capability as
the original installation.
2. Vandalism—This work will consist of repairing damage to traffic signal systems as a
result of theft, break-in (into cabinets), or even purposeful knockdown of poles.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
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Parts, Material Quality, and Workmanship
1. Unless otherwise provided for in the specifications, all workmanship, equipment,
materials, and articles incorporated in the work covered by this agreement shall be of
the best quality of their respective kind and for their purpose. Wherever replacement
of material or equipment, in accordance with the Standard Plans and Specifications
may cause an obvious difference in either appearance or operation of the system or
would be in any way incompatible with other existing equipment, the vendor shall so
inform City staff. All phases of the work are subject to inspection and approval of City
staff.
2. All permanent repairs to the system shall be undertaken within a thirty (30) day period.
Failure to effect permanent repairs within this time limit shall be sufficient cause for
City staff to authorize repairs to be completed by another contractor.
3. The vendor shall be responsible for furnishing all spare parts necessary to maintain
the continued safe and efficient operation of the signals whenever the original unit is
withdrawn for maintenance, repair, or modification. All component parts of each
system shall be maintained at all times to perform the functions for which they were
designed, unless authorized otherwise by City staff.
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
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Repair or Replacement Service Records
The following records shall be maintained by the vendor covering signal maintenance activities:
1. A record of all repairs, and relevant data pertaining to each individual intersection
will be kept in the controller cabinet and properly annotated by the vendor, at the
time of any repair work or modifications. A duplicate record will be kept on file in the
vendor's office and will be sent to City staff, included on the monthly summary
report. The vendor shall supply a copy of the maintenance record to City staff.
2. A database shall be maintained indicating previous maintenance and
scheduled maintenance work.
Response and Service
The vendor shall provide response and service in the following manner:
1. The vendor shall designate and inform City staff of a telephone number(s), where
he/she can be reached concerning response or on-call maintenance. The vendor shall
be accessible at this telephone number(s) and available to perform traffic signal
repair/response maintenance, twenty-four (24) hours a day, seven (7) days a week,
including holidays. A fax number and an e- mail address for transmitting documents
shall be owned and operated by the vendor.
2. When the notification is sent by City staff to the vendor between 6:00 a.m. and
3:30 p.m., the response time shall not exceed two (2) hours, Monday through
Friday.
3. When the notification is received at any other time or on any other day, the
response time shall not exceed three (3) hours.
4. When a situation exists that City staff deems dangerous or an emergency and so
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
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advises the vendor, the vendor shall dispatch qualified personnel and appropriate
equipment and material to correct the situation, as soon as possible, but in no case
later than indicated above.
5. Vendor’s response to emergency repair should be coordinated with City staff.
6. The vendor shall restore normal operation of each traffic signal or system master
covered under this contract within twenty-four (24) hours of notification. On this end,
the vendor shall install a City supplied substitute controller unit and/or cabinet that
can provide the same signal operation, insofar as phasing and time, until the existing
controller unit and/or cabinet can be returned to service or replaced. The installation
of a substitute cabinet shall be considered as traffic signal repair/response
maintenance and will be paid as noted in the Unit Cost Sheet.
7. In the event the vendor is required to furnish a controller unit or cabinet, prior approval
is required from City staff. If the existing controller unit or cabinet is repairable, it shall
be returned to service within thirty (30) days. The vendor shall use only City-
recommended and supplied controllers, such as Econolite Make Controllers or
McCain 2070. The vendor shall not use any other type of controllers from other
manufacturers not recommended by City staff.
8. If temporary stop signs are in place at the intersection when the vendor arrives, the
vendor shall coordinate with City staff regarding removal of the signs when the
traffic signal is placed in operation.
9. If the response time exceeds eight (8) hours or more, City staff reserves the right
to have the repairs done by another company at the sole expense of the vendor.
All penalty costs will be deducted from the monthly payments to the vendor
10. The vendor shall provide all material and equipment required for response
maintenance. Permanent repairs shall be completed as soon as possible, and, in
all cases, within thirty (30) days, unless extended, due to unusual circumstances,
by City staff. City staff may extend the maximum response time if materials are
unavailable.
EXHIBIT “B”
Bidders must acknowledge all requirements of scope of work, previous section,
including all categories and sub-points.
Please Sign and Acknowledge Here: __________________________________________
_________________________________________________________________________
If Bidder can provide additional services that are related to the services above, but not
mentioned in this section, please list the additional services and detail how they will be
beneficial to the city
BIDDER’S RESPONSE:
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Unit Cost File:
Type of Equipment or Material and Installation/Repair Service (as applicable) Unit Cost (Each)
Furnish and install new 332L Controller Cabinet on existing foundation
Furnish and install new 332L Controller Cabinet on new foundation
Install City furnished 332L Controller Cabinet on existing foundation
Install City furnished 332L Controller Cabinet on new foundation
Furnish and install ADA compliant PPB post (no foundation replacement)
Furnish and install ADA compliant PPB post (with foundation replacement)
Furnish and install Type 1-D – 10’ (no foundation replacement)
Install City supplied Type 1-D– 10’ (no foundation replacement)
Furnish and install Type 1-D - 10’ (with foundation replacement)
Install City supplied Type 1-D– 10’ (with foundation replacement)
Furnish and install Type 1-D – 7’ (no foundation replacement)
Install City supplied Type 1-D – 7’ (with foundation replacement)
Furnish and install Type 1-D – 7’ (with foundation replacement)
Install City supplied Type 1-D – 7’ (with foundation replacement)
Furnish and install Type 17-2-100 w/15’ mast arm and 8’ luminaire, (no foundation
replacement)
Furnish and install Type 17-2-100 w/15’ mast arm and 8’ luminaire (with foundation
replacement)
Furnish and Install Type 19-2-100 w/25’ mast arm and 12’ luminaire (no foundation
replacement)
Furnish and Install Type 19-2-100 w/25’ mast arm and 12’ luminaire (with foundation
replacement)
Install Type 15 pole with new 8’ luminaire mast arm with LED light and
Install Foundation
Install Type 15 pole with new 8’luminaire mast arm with LED light
Remove and secure a knockdown traffic signal pole (Type 19-2 w/25’ mast arm)
Replace Pull box # 3.5
Replace Pull box # 5
Replace Pull box # 6
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Type of Equipment or Material and Installation/Repair Service (as applicable) Unit Cost (Each)
Replace Pull box lid for # 3.5
Replace Pull box lid for #5
Replace Pull box lid for #6
Replace 12” LED signal (Green – Ball)
Replace 12” LED signal (Yellow – Ball)
Replace 12” LED signal (Red – Ball)
Replace 12” LED signal (Green – Arrow)
Replace 12” LED signal (Yellow – Arrow)
Replace 12” LED signal (Red – Arrow)
Replace 8” LED signal (Green – Ball)
Replace 8” LED signal (Yellow – Ball)
Replace 8” LED signal (Red – Ball)
Replace LED countdown pedestrian module
Replace SP-1-T (Bronze) with housing and countdown module
Replace SP-2-T (Bronze) with housings and countdown modules
Replace clamshell pedestrian signal housing with countdown module
Replace TV-1-T (Bronze) with 12” 3 section signal head complete assembly installation
Replace SV-1-T (Bronze) with 12” 3 section signal head complete assembly installation
Replace TV-2-T (Bronze) with 12” 3 section signal heads complete assembly installation
Replace SV-2-T (Bronze) with 12” 3 section signal heads complete assembly installation
Replace 12” 3 section MAS signal head complete assembly installation
Replace 12” 4 section MAS signal head complete assembly installation
Replace TV-2-T with 12” 5 section signal head (LOD), 12” 3 section signal head (ROD)
complete assembly installation
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Type of Equipment or Material and Installation/Repair Service (as applicable) Unit Cost (Each)
Replace 5 section cluster MAS signal head complete assembly installation
Replace 8” 3 section louvered back plate
Replace 12” 3 section louvered back plate
Replace 8” tunnel visor
Replace 12” tunnel visor
Restore turned signal head
Furnish and replace/install ADA complaint PPB, ped button assembly and directional sign
Furnish and install Audible PPB system complete with iCCU- C (Polara)
Install City furnished Battery Backup system on an existing 332 cabinet
Furnish and install Backup system on an existing 332 cabinet
Trench 150’ 3” SCH 40 rigid PVC conduit
Bore 150’ 3” SCH 40 rigid PVC conduit
Trench 150’ 3” rigid 150’ 3” steel conduit (GRC) or schedule 80 PVC
Bore 150’ 3” rigid steel conduit (GRC) or schedule 80 PVC
Attach City furnished solar powered radar feedback sign to existing pole
Install City furnished solar powered radar feedback sign or flashing beacon – Furnish and
install foundation and pole in sidewalk
Install City furnished solar powered radar feedback sign or flashing beacon – Furnish and
install foundation and pole in dirt
Furnish and install new signal controller (2070 E with 2033 software)
Installation of Timing Plan in controller
Reset signals on flash and reset the CMU
Unless Specified Contractor Shall Supply Material
After Work Hours or Weekend Hours Rate (additional cost per hour) of labor (or flat rate added):
$____________________
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OPTION YEARS TOTAL PRICING (OVERALL COST)
This agreement will include option years to be renewed at the discretion of the City. Please provide
overall pricing below:
Option Year Total Annual Cost
2025 $
2026 $
2027 $
2028 $
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EXHIBIT C
CITY OF SAN BERNARDINO
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT
MONTH***], 2021 by and between the City of San Bernardino, a municipal corporation organized
under the laws of the State of California with its principal place of business at Vanir Tower, 290
North D Street, San Bernardino, California 92401, County of San Bernardino, State of California
(“City”) and [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY - CORPORATION,
PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal
place of business at [***INSERT ADDRESS***] (“Contractor”). City and Contractor are
sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***]
services to public clients, that it and its employees or subcontractors have all necessary licenses
and permits to perform the Services in the State of California, and that is familiar with the plans
of City. Contractor shall not subcontract any portion of the work required by this Agreement,
except as expressly stated herein, without prior written approval of City. Subcontracts, if any,
shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the [***INSERT NAME OF
PROJECT***] project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional [***INSERT TYPE OF SERVICES***]
maintenance services necessary for the Project (“Services”). The Services are more particularly
described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto
and incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from [***INSERT START
DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein.
[***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT
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TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City
shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for
no more than [INSERT NUMBER] additional one-year terms.***] Contractor shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Contractor shall also not be employees of City and shall at all times be under
Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers’ compensation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it
has the professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall
respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates [***INSERT NAME OR
TITLE***], or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City for all purposes under this Agreement. Contractor shall not accept direction or orders
from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT
NAME OR TITLE***], or his or her designee, to act as its representative for the performance of
this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full
authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his or her best
skill and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
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3.2.6 Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City’s staff, consultants and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions of this
Agreement, Contractor shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by the
Contractor’s failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent,
a threat to the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner acceptable to
the City, shall be promptly removed from the Project by the Contractor and shall not be
re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Contractor shall perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or
which may be provided separately in writing to the Contractor. Contractor agrees that if the
Services are not completed within the aforementioned Performance Time and/or pursuant to any
such completion schedule or Project milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
[***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU’RE INCLUDING LD’S – DELETE
OTHERWISE – DON’T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES”
FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall
pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT
WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***])
per day for each and every calendar day of delay beyond the Performance Time or beyond any
completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with Services. If the Contractor performs
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any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a
public entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed
that all provisions of the law applicable to the public contracts of a municipality are a part of this
Agreement to the same extent as though set forth herein and will be complied with. These include
but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor
shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight
(8) hours during any one calendar day except as permitted by law. Contractor shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out
of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to,
the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement, and shall not violate any
such law at any time during the term of the Agreement. Contractor shall avoid any violation of
any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Contractor shall maintain records of each such verification, and
shall make them available to the City or its representatives for inspection and copy at any time
during normal business hours. The City shall not be responsible for any costs or expenses related
to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and
Consultants. To the same extent and under the same conditions as Contractor, Contractor shall
require all of its subcontractors, sub-subcontractors and consultants performing any work relating
to the Project or this Agreement to make the same verifications and comply with all requirements
and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the City to terminate
the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or
consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any
misrepresentation or material omission concerning compliance with such requirements (including
in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to
immediately remove from the Project any person found not to be in compliance with such
requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
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self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is
an equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and
against any and all fines, penalties, claims or other regulatory requirements imposed as a result
of Contractor’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in this
Section. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
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policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Contractor with a list of training programs that meet
the requirements of this paragraph.
3.2.11 Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE
WHETHER REQUIREMENTS AND LIMITS ARE ACCEPTABLE***]
3.2.11.1 Time for Compliance. Contractor shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this Section. In addition, Contractor shall not allow any subcontractor
to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum levels
of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3)
Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required
by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security
(Cyber), in a form and with insurance companies acceptable to City; and (5) Aviation and/or Drone
Liability, in a form and with insurance companies acceptable to City. [***DELETE IF AVIATION
LIABILITY IS NOT REQUIRED***]The policy shall not contain any exclusion contrary to the
Agreement, including but not limited to endorsements or provisions limiting coverage for (1)
contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for
claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability:[***INSERT AMOUNT - TYPICALLY $2,000,000
MINIMUM; and $4,000,0000 aggregate. HOWEVER, AMOUNT OF INSURANCE REQUIRED
DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK
MANAGEMENT TO CONFIRM AMOUNT***] per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with general aggregate
limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall
apply separately to this Agreement/location or the general aggregate limit shall be twice the
required occurrence limit; (2) Automobile Liability:[***INSERT AMOUNT - TYPICALLY
$1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON
NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO
CONFIRM AMOUNT***] per accident for bodily injury and property damage; (3) Workers’
Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor
Code of the State of California. Employer’s Liability limits of [***INSERT AMOUNT - TYPICALLY
$1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON
NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO
CONFIRM AMOUNT***] per accident for bodily injury or disease; (4) Cyber Liability: :[***INSERT
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AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE/AGGREGATE; HOWEVER,
AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK
TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for privacy
breaches, system breaches, denial/loss of service, and introduction, implantation or spread of
malicious software code; (5) Aviation/Drone Liability: [***INSERT AMOUNT - TYPICALLY
$1,000,000 PER OCCURRENCE LIMIT; HOWEVER, AMOUNT OF INSURANCE REQUIRED
DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK
MANAGEMENT TO CONFIRM AMOUNT***] for bodily injury and property damage.[***DELETE
IF AVIATION LIABILITY NOT REQUIRED***] Defense costs shall be paid in addition to the
limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies. In the event any policy of insurance required under this Agreement does not
comply with these specifications or is canceled and not replaced, the City has the right but not
the duty to obtain the insurance it deems necessary and any premium paid by the City will be
promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium
from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of San Bernardino, its
directors, officials, officers, employees, agents, and volunteers shall be named as additional
insureds on Contractor’s and its subcontractors’ policies of commercial general liability and
automobile liability insurance using the endorsements and forms specified herein or exact
equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Contractor shall provide endorsements on forms supplied or approved
by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or
be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements
providing the exact same coverage, the City of San Bernardino, its directors, officials, officers,
employees, agents, and volunteers shall be covered as additional insured with respect to the
Services or ongoing and complete operations performed by or on behalf of the Contractor,
including materials, parts or equipment furnished in connection with such work; and (2) using ISO
form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall
be primary insurance as respects the City, its directors, officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s
scheduled underlying coverage. Any excess insurance shall contain a provision that such
coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before
the City’s own primary insurance or self-insurance shall be called upon to protect it as a named
insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers,
employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in
Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds pursuant
to this Section 3.2.11.3(A).
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(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents, and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired
or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be
excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties
required to be named as additional insureds pursuant to this Section 3.2.11.3(B).
(C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents, and volunteers for losses paid under the terms of the insurance
policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice
by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply
with reporting or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the City, its officials, officers, employees, agents
and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers,
employees, agents, and volunteers, or any other additional insureds, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, its officials, officers, employees, agents, and volunteers, or any other additional
insureds, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Contractor shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its directors, officials, officers, employees, agents,
and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not
allow any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
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insurance required under this Section. If requested by Contractor, the City may approve different
scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City
shall be named as additional insureds on all subcontractors’ policies of Commercial General
Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement
on forms satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall
be on forms provided by the City if requested. All certificates and endorsements must be received
and approved by the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in
addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds.
[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING MODEL):
Some maintenance projects of more than $25,000 will require payment bonds by law. See
generally Civil Code Section 9550 or speak to the City’s Purchasing Team or City
Attorney***]
3.2.13.1 Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
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of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace
the affected bond within 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII
and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet
these requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Site.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services
are to be performed and shall become acquainted with all conditions affecting the Services prior
to commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface
improvements. No claim for allowances–time or money–will be allowed as to such matters after
commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract Documents, including any
plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or
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omissions discovered shall be reported to the City immediately and prior to performing any
Services or altering the condition.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Contract (which for
purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period
of one year (or the period of time specified elsewhere in the Contract or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
of the Services to the Contract, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct
defective work shall be reinstated for an additional one year period, commencing with the date of
acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Contract. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR
AMOUNT***]) without written approval of City’s [***INSERT TITLE***]. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner
set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
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Contractor. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each
progress payment an amount necessary to protect City from loss because of: (1) stop payment
notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3)
sums representing expenses, losses, or damages as determined by the City, incurred by the City
for which Contractor is liable under the Agreement; and (4) any other sums which the City is
entitled to recover from Contractor under the terms of the Agreement or pursuant to state law,
including Section 1727 of the California Labor Code. The failure by the City to deduct any of
these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on certain “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect
at the commencement of this Contract. Contractor shall make copies of the prevailing rates of
per diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at Contractor’s principal place
of business and at the project site. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees and agents free and harmless from any claims, liabilities, costs,
penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all
California Labor Code provisions, which include but are not limited to prevailing wages (Labor
Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5),
certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section
1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner
under Labor Code section 1771.4 shall not apply to work performed on a public works project that
is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000
or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
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Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code
Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is
exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and
1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or
any subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME & DEPARTMENT***]
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With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
volunteers free and harmless from any and all claims, demands, causes of action, suits, actions,
proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage
or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent,
or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any
manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful
misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Contractor’s Services, the Project or this Agreement,
including without limitation the payment of all expert witness fees, attorneys’ fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code
section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death
or bodily injury to persons, injury to property, or any other loss, damage or expense which is
caused by the the sole or active negligence or willful misconduct of the City or the City’s agents,
servants, or independent contractors who are directly responsible to the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims
covered by this indemnification section that may be brought or instituted against City or its officials,
employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also
reimburse City for the cost of any settlement paid by City or its officials, employees, agents and
volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall
include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor
shall reimburse City and its officials, employees, agents and volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this
Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its
officials, employees, agents and volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in San Bernardino County,
California. In addition to any and all contract requirements pertaining to notices of and requests
for compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
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that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. 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 calendar days and not work
days. All references to Contractor include all personnel, employees, agents, and subcontractors
of Contractor, except as otherwise specified in this Agreement. All references to City include its
officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content or intent of
this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
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solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this Agreement,
or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.18 Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered as an
original signature for all purposes and shall have the same force and effect as an original
signature.
3.5.19 Federal Provisions.[***INCLUDE THIS SECTION ONLY IF APPLICABLE;
DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. IF APPLICABLE, YOU MAY
ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT AGENCY
COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by
an agency of the federal government, Contractor shall also fully and adequately comply with the
provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated
herein by reference (“Federal Requirements”). With respect to any conflict between such Federal
Requirements and the terms of this Agreement and/or the provisions of state law, the more
stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 986
- 36 -
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***],
[***INSERT TITLE***]
ATTESTED BY:
[***INSERT NAME***],
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
[***INSERT NAME OF CONTRACTOR***]
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:
Its:
Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Page. 987
EXHIBIT A
Exhibit A
Scope of Services
[***INSERT SCOPE***]
Packet Page. 988
EXHIBIT B
Exhibit B
Schedule of Services
[***INSERT SCHEDULE***]
Packet Page. 989
EXHIBIT C
Exhibit C
Compensation
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***]
[***SEE SECTION 3.2.13 ABOVE AND IF APPLICABLE, INSERT
PERFORMANCE/PAYMENT BONDS ON THE NEXT PAGE; IF NOT REQUIRED, STATE
THAT THEY ARE NOT REQUIRED***]
Packet Page. 990
[***INCLUDE THIS EXHIBIT (AND CORRESPONDING AGREEMENT PROVISION) ONLY IF
APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO
INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF
NECESSARY***]
Exhibit D
Federal Requirements
[***INSERT ALL FORMS, PROVISIONS AND OTHER REQUIREMENTS OF THE FEDERAL
FUNDING SOURCE***]
Packet Page. 991
Price Summary Sheet
Traffic Signal Intersection On-Call and Emergency Services 2024
Vendor Total Cost for Services (unit items total)
Yunex, LLC.$309,070.00
Bear Electrical Solutions, Inc.$328,743.04
St. Francis Electric, LLC.$338,729.30
Packet Page. 992
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works, Operations and
Maintenance
Department:Public Works
Subject:Task Order Issued to Transtech Engineers for Project
Management Services for the San Bernardino Hope
Campus Project (Navigation Center) and Norman F.
Feldhym Library Revitalization Projects. (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Approve two task orders (Transtech003 and Transtech004) to Transtech
Engineering for program management services for the San Bernardino Hope
Campus Project (Navigation Center) and Norman F. Feldhym Library
Revitalization project, as part of the existing Professional Services Agreement for
On-Call Engineering Services, and,
2. Authorize the Finance Director to issue a purchase order in the amount of
$296,400 for the Hope Campus Project and $197,600 for the Feldhym Library
Project.
Executive Summary
The City of San Bernardino has approximately $100 million in Capital Improvement
Projects (CIP), for the next five years. The CIP includes several significant projects
that require a focused team to complete this work. Transtech Engineers has
accomplished the initial efforts for both the San Bernardino Hope Campus project
and was instrumental in developing the successful grant package for the Feldhym
Library grant, approved by the City Council at the December 6, 2023, meeting.
Background
Packet Page. 993
1
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9
9
On November 16, 2022, the City Council approved a standard Professional Services
Agreement (PSA) with 24 Engineering firms to provide various technical, engineering
and project management services to the City. The selection of the firms was based
on each firm meeting the pre-qualified requirements, licensing, and certifications
without being debarred, suspended, or determined ineligible from bidding or
accepting work from any State or Federal Contracts. On February 15, 2023, the City
Council approved the first task order (Transtech001) to Transtech Engineers in the
amount of $135,380, for augmented Capital Improvement Program Programmatic
Services in FY22-23. On June 21, 2023, the City Council approved a second task
order (Transtech002) to Transtech Engineers in the amount of $488,880 for
Capital Improvement Program Programmatic Services in FY23-24.
As part of the work that Transtech has been performing under their second task order
is program management for both the San Bernardino Hope Campus project,
consisting of the design and construction of a centralized facility to provide services
to the homeless population, including temporary transitional housing, and the
Norman F. Feldhym Library revitalization projects. Both projects are complex and
require a variety of efforts such as preparation of various specifications, Request for
Proposals, and other project management efforts necessary to bring each project
from initial concept to final construction. This work exceeds the capability of the
existing Public Works Engineering staff due to the complex nature of the work, and
the necessity to dedicate significant resources to ensure both high priority projects
are completed successfully and on schedule.
Discussion
The City of San Bernardino has approximately $100 million in capital improvement
projects for the next five years. The CIP includes several significant projects that
require a focused team to complete this work. Transtech Engineers has
accomplished the initial efforts for both the San Bernardino Hope Campus project
and was instrumental in developing the grant package that resulted in the successful
award of the Feldhym Library grant, approved by the City Council at the December 6,
2023, meeting.
The Scope of Work for the San Bernardino Hope Center includes such efforts as:
•Development of a Request for Qualification (RFQ) document.
•Qualification and shortlisting of Design-Build team.
• Development of bridging material and a Request for Proposal to provide the
shortlisted Design-Build teams.
•Evaluation of Design-Build team and assisting City staff in coordinating
interviews with the applicants and in the selection of the Design-Build team.
•Preparation of City Council agenda report for the award of the contract to the
selected Design-Build team.
•Preparation of agreement with the Design-Build team and issuance of
purchase order to Design-Build team.
•Coordination of regular weekly meetings with Design-Build team. Provide a
Packet Page. 994
1
7
9
9
weekly update to the City’s Homeless Committee, and coordination with City
staff as needed.
•Coordinate all plan check reviews with various city departments through
approval. Review and provide comments on submittals.
The Scope of Work for the Norman F. Feldhym Library Revitalization Project
includes such efforts as:
•Development of RFP for consultant services.
•Coordinate and develop bid documents for the proposed project
improvements. Provide regular updates to the City Engineer and the Library
Director during design and construction.
•Hold regular meetings with the construction manager and provide direction as
needed.
•Prepare the City Council agenda report for the award of the contracts as
required.
•Coordinate regular weekly meetings with City team. Provide a weekly update
to the City Engineer, and coordinate with City staff as needed.
•Coordinate all plan check reviews with various city departments through
approval. Review and provide comments on submittals and ensure that
designers and contractors stay on schedule.
•Review and discuss designers and contractors schedule and provide
comments and approval.
•Review all progress payments and recommend approval by City Engineer.
•Discuss proposed materials with designers and contractors and coordinate
selection as necessary with City staff.
The complete Scope of Work and Fee Estimate for both tasks are included in
Attachments 1 and 2. The estimated Not-to-Exceed Transtech task order cost of
the San Bernardino Hope Campus Project will be $296,400 for 1,560 hours of
Senior Project Manager time at an hourly rate of $190.00. Funding for this project
will be from the HOME-ARP funds which is allocated by U.S. Department of
Housing and Urban Development (HUD).
The estimated Not-to-Exceed cost of the Norman F. Feldhym Library Project
Transtech task order will be $197,600 for 1,040 hours of Senior Project Manager
time at an hourly rate of $190.00. Funding for this project will be from the
California State Library Building Forward Library Facilities Improvement Grant
Program in the amount of $6,409,307.00, which was accepted through the
adoption of Resolution No. 2023-180. City staff are finalizing the contract with the
California State Library Grant Program, so until such time that the grant contract
is fully executed, Transtech will not receive a Notice to Proceed.
Public Works Engineering staff and Transtech staff have successfully worked
Packet Page. 995
1
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9
together on other large and significant projects within the City over the last 25
years, and Transtech has the depth of team experience to successfully address
any and all contingencies that may arise.
2021-2025 Strategic Targets and Goals
The approval of the task orders aligns with the Strategic Target and Goal No.3:
Improved Quality of Life by revitalizing and enhancing the public services, with
improvements at Norman F. Feldheym Central Library.
The San Bernardino Hope Campus project also aligns with the Strategic Target and
Goal No. 3: Improved Quality of Life for city residents by reducing the burden of
unsheltered through engagement, collaboration, and partnerships with other
entities.
Fiscal Impact
There is no fiscal impact to the General Fund impact associated with this item. The
task orders being issues will be funded through ARPA and the California State
Library Facilities Improvement Grant Program.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Approve two task order (Transtech003 and Transtech004) to Transtech
Engineering for program management services for the San Bernardino Hope
Campus Project (Navigation Center) and Norman F. Feldhym Library
Revitalization projects, as part of the existing Professional Services Agreement
for On-Call Engineering Services, and,
2. Authorize the Finance Director to issue a purchase order in the amount of
$296,400 for the Hope Campus Project and $197,600 for the Feldhym Library
Project.
Attachments
Attachment 1 - Task Order Transtech003 PM Services for San
Bernardino Hope Campus
Attachment 2 - Task Order Transtech004 PM Services for Feldheym
Library Revitalization Project.
Attachment 3 - Professional Service Agreement with Transtech
Engineering.
Ward:
First Ward
Packet Page. 996
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Synopsis of Previous Council Actions:
November 16, 2022 - Mayor and City Council approve On-Call Engineering Service
Professional Agreements
February 5, 2023 - Mayor and City Council approve Task Order to Transtech
Engineers for augmented Capital Improvement Program Programmatic Services in
the amount of $135,850.
June 21, 2023 Mayor and City Council approve Task Order to Transtech Engineers
for augmented Capital Improvement Program Programmatic Services in the amount
of $488,880.
December 6, 2023 Mayor and City Council accept grant for Norman F. Feldhym
Library Revitalization Project.
Packet Page. 997
About Transtech Video Highlight:
CLICK HERE
www.transtech.org
855.595.2495 (toll-free)
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance
201 North E Street, 2nd floor
San Bernardino, CA 92401
Submitted via email to: merrill_ly@sbcity.org Via email cc to: jabsheh_az@sbcity.org
Task Order No : Transtech003
Project Management Services for San Bernardino Hope Campus Project
Dear Mr. Merrill:
Transtech is pleased to submit this Task Order Proposal (Task Order Transtech003) to provide the following
services:
Project Management Services for San Bernardino Hope Campus Project
Scope of Work:
Transtech will provide the following scope of work:
• Regular attendance of City Homeless shelter committee meetings (in -person or virtual).
• Development of a Request for Qualification (RFQ) document.
• Qualification and shortlisting of Design-Build team.
• Development of a bridging material and a Request for Proposal to provide the shortlisted Design -Build
teams.
• Evaluation of Design-Build team and assisting City staff in coordinating interviews with the applicants
and in the selection of the Design-Build team.
• Preparation of City Council agenda report for the award of the contract to the selected Design-Build
team.
• Preparation of agreement with the Design-Build team and issuance of purchase order to Design-Build
team.
• Coordination of regular weekly meetings with Design-Build team. Provide a weekly update to the
City’s Homeless Committee, and coordination with City staff as needed.
• Coordinate all plan check reviews with various city departments through approval. Review and
provide comments on submittals.
• Review and discuss Design Build team schedule and provide comments and approval.
• Review all progress payments and recommend approval by City Engineer .
• Discuss proposed materials with Design-Build teams and coordinate selection with City staff.
• Prepare City Council and commissions agenda reports as requested or required by the Homeless
Shelter Committee.
• Coordinate with City grant department staff and finance department staff to provide updates or
reports as required or requested.
• Obtain proposals and prepare agreements for City with consultants, such as Geotechnical, Phase 1
investigation, labor compliance, grant compliance, planning consultant, etc.
• Prepare RFP for the selection of construction management and construction inspection consultant.
• Coordinate with all utilities and provide plans for review and approval for the needs of the SB Hope
Campus.
Packet Page. 998
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance
Page 2
Task Order No : Transtech003
Project Management Services for San Bernardino Hope Campus Project
www.transtech.org
855.595.2495 (toll-free)
Fee Estimate:
Staff Classification
Average
Hrly Rate
Weekly
Average
Hours
Allocation
Weekly
Average
Budget
Allocation
Total
Project
Duration
(in weeks)
Estimated
Total Hours
Allocation
Estimated
Budget
Sr. Project Manager $190 15 $2,850 104 1,560 $296,400
$296,400Total Estimated Budget
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim
California Consumer Price Index-All Urban Consumers ("CPI-U") for the preceding twelve-month period as calculated for
February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor
Statistics.
Value Added Service:
Because we are a multi-disciplinary service firm and also provide plan check and inspection among many services to
many local agencies, we can also supplement/support Agency plan check and inspection staff, if needed, for code
required plan check and inspection efforts.
Customer Care and Responsive Service Approach:
✓ Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction.
✓ All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride
in our “Same Day Response” motto.
✓ Transtech also provides a 24-hour emergency contact number to its clients.
✓ Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the
City, City's patrons, including responding quickly and effectively to the walk-in, telephone, and electronic inquiries of
the public related to our services. Responsiveness is an integral part of Transtech’s “Customer Care” service
approach.
✓ Our Contract Principal will meet with the Client’s Project Manager frequently for service evaluation and address any
areas for improvements.
✓ Responsiveness is an integral part of Transtech’s “customer friendly” service approach. While our service is always on
an “as needed” basis, our responsiveness is on “full -time” basis.
✓ Transtech understands the importance of being able to expedite certain projects, when requested, by the City.
Transtech has sufficient staff and resources to expedite projects.
✓ We have a structured approach to execute projects in an efficient manner that makes Transtech capable of
providing the City with the highest quality product. Transtech has established guidelines and policies, including
written manuals on quality control, project management, and design procedures for its staff and for its contract cities.
These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in
compliance with City’s specific procedures, standards and requirements.
About Transtech:
Established in 1989, Transtech (a California Corporation) has been in business for 33 years and provides municipal services
to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including project
managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors,
inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support
personnel.
Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include:
• Building & Safety Services, Building Official Building
Inspection, Plan Check
• Civil Engineering,
• Staff Augmentation
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
Packet Page. 999
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance
Page 3
Task Order No : Transtech003
Project Management Services for San Bernardino Hope Campus Project
www.transtech.org
855.595.2495 (toll-free)
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Eng
• Emergency, Support Services
Transtech has extensive experience in managing a variety/types of projects, such as:
• Street Rehabilitation and Reconstruction
• Traffic Signal and Street Lighting
• ADA Improvements
• Water, Drainage, Sewer Improvements
• Bridges
• Parks and Playgrounds
• Parking Structures
• Community Centers
• Libraries
• City Halls
• Fire Stations
• Renovation of Historic Buildings
Transtech has extensive experience in the management and administration of federally funded projects in compliance
with LAPM. In the past few years, we managed over 30 federally funded projects . Our staff members have completed
Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans
Local Assistance Procedures Manual (LAPM. Current Version of LAPM is published with updates in January 2023). Also, as
contract City Engineers representing various cities, we also work closely with Caltrans staff on LAPM compliance audits
on various federally funded projects.
Transtech has extensive experience in managing DB Projects in compliance with CA Public Contract Code. Most recently
(in 2022) we completed C-Block Parking Structure in the City of Ontario. The project included construction of 5 level, 400
space parking structure under DB (Design-Build) Delivery. This project received 2022 Projects of the Year APWA Award.
Currently, we are managing Haz-Mat Abatement and Demolition Phase of another DB Delivery Project (Grand Park). The
total cost of Grand Park Project is $90M.
Our team includes staff members who have worked for CALTRANS previously, including as Deputy District Director, and
as Sr. Construction Manager responsible for oversight of Federally Funded Projects in local agencies in the counties of Los
Angeles, Ventura and San Bernardino.
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers,
including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities.
We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with
governmental agencies, and have a good understanding of public agency issues, procedures, and policies.
We have a qualified team with large pool of well experienced in-house staff readily available with diversified and
extensive expertise, and will be able to respond to service requests and mobilize our resources quickly. As demonstrated
in our proposal, our team has a high level of experience and capability to provide the services with proactive leadership
and good planning and management practices.
Thank you for the opportunity to submit this Task Order Proposal.
Should you have any questions, or require additional information, please contact the undersigned.
Respectfully submitted.
Okan Demirci, PE, QSD, QSP, Principal Project Manager
E: okan.demirci@transtech.org
C: 714-319-6137; O: 909-595-8599
Ahmad Ansari, PE, Principal
E: ahmad.ansari@transtech.org
C: 949-702-5612; O: 909-595-8599
Packet Page. 1000
About Transtech Video Highlight:
CLICK HERE
www.transtech.org
855.595.2495 (toll-free)
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance
201 North E Street, 2nd floor
San Bernardino, CA 92401
Submitted via email to: merrill_ly@sbcity.org Via email cc to: jabsheh_az@sbcity.org
Task Order No : Transtech004
Project Management Services for Norman F. Feldheym Central Library Revitalization Project
Dear Mr. Merrill:
Transtech is pleased to submit this Task Order Proposal (Task Order Transtech004) to provide the following
services:
Project Management Services for Norman F. Feldheym Central Library Revitalization Project
Scope of Work:
Transtech will provide the following scope of work:
•Development of RFP for consultant services.
•Coordinate and develop bid documents for the proposed project improvements.
•Provide regular updates to the City Engineer and the Library Director during design and construction.
•Hold regular meetings with construction manager and provide direction as needed.
•Prepare City Council agenda report for the award of the contracts as required.
•Coordinate regular weekly meetings with City team. Provide a weekly update to the City
Engineer, and coordinate with City staff as needed.
•Coordinate all plan check reviews with various city departments through approval. Review and
provide comments on submittals and ensure that designers and contractors stay on schedule.
•Review and discuss designers and contractors schedule and provide comments and approval.
•Review all progress payments and recommend approval by City Engineer.
•Discuss proposed materials with designers and contractors and coordinate selection as necessary
with City staff.
•Prepare City Council and commissions agenda reports as required.
•Coordinate with City grant department staff and finance department staff to provide updates or
reports as required or requested.
•Obtain proposals and prepare agreements for City with consultants, such as Geotechnical, labor
compliance, grant compliance, etc.
•Prepare RFP for the selection of construction management and construction inspection consultant.
•Ensure that contractors finalize all required plans for the construction in a timely manner.
•Coordinate with all utilities and provide plans as required for review and approval.
Packet Page. 1001
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance
Page 2
Task Order No : Transtech004
Project Management Services for Norman F. Feldheym Central Library Revitalization Project
www.transtech.org
855.595.2495 (toll-free)
Fee Estimate:
Staff Classification
Average
Hrly Rate
Weekly
Average
Hours
Allocation
Weekly
Average
Budget
Allocation
Total
Project
Duration
(in weeks)
Estimated
Total Hours
Allocation
Estimated
Budget
Sr. Project Manager $190 10 $1,900 104 1,040 $197,600
$197,600Total Estimated Budget
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim
California Consumer Price Index-All Urban Consumers ("CPI-U") for the preceding twelve-month period as calculated for
February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor
Statistics.
Value Added Service:
Because we are a multi-disciplinary service firm and also provide plan check and inspection among many services to
many local agencies, we can also supplement/support Agency plan check and inspection staff, if needed, for code
required plan check and inspection efforts.
Customer Care and Responsive Service Approach:
✓Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction.
✓All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride
in our “Same Day Response” motto.
✓Transtech also provides a 24-hour emergency contact number to its clients.
✓Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the
City, City's patrons, including responding quickly and effectively to the walk-in, telephone, and electronic inquiries of
the public related to our services. Responsiveness is an integral part of Transtech’s “Customer Care” service
approach.
✓Our Contract Principal will meet with the Client’s Project Manager frequently for service evaluation and address any
areas for improvements.
✓Responsiveness is an integral part of Transtech’s “customer friendly” service approach. While our service is always on
an “as needed” basis, our responsiveness is on “full -time” basis.
✓Transtech understands the importance of being able to expedite certain projects, when requested, by the City.
Transtech has sufficient staff and resources to expedite projects.
✓We have a structured approach to execute projects in an efficient manner that makes Transtech capable of
providing the City with the highest quality product. Transtech has established guidelines and policies, including
written manuals on quality control, project management, and design procedures for its staff and for its contract cities.
These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in
compliance with City’s specific procedures, standards and requirements.
About Transtech:
Established in 1989, Transtech (a California Corporation) has been in business for 33 years and provides municipal services
to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including project
managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors,
inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support
personnel.
Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include:
•Building & Safety Services, Building Official Building
Inspection, Plan Check
•Civil Engineering,
•Staff Augmentation
•City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
•Labor Compliance
Packet Page. 1002
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance
Page 3
Task Order No : Transtech004
Project Management Services for Norman F. Feldheym Central Library Revitalization Project
www.transtech.org
855.595.2495 (toll-free)
•CIP Program Management
•Construction Management and Inspection
•Federally Funded Project Management
•Grant Writing
•CDBG Project Management
•Planning Support
•Traffic and Transportation Planning and Eng
•Water Resources Engineering
•Surveying, Mapping, ALTA, Right-of-way Eng
•Emergency, Support Services
Transtech has extensive experience in managing a variety/types of projects, such as:
•Street Rehabilitation and Reconstruction
•Traffic Signal and Street Lighting
•ADA Improvements
•Water, Drainage, Sewer Improvements
•Bridges
•Parks and Playgrounds
•Parking Structures
•Community Centers
•Libraries
•City Halls
•Fire Stations
•Renovation of Historic Buildings
Transtech has extensive experience in the management and administration of federally funded projects in compliance
with LAPM. In the past few years, we managed over 30 federally funded projects . Our staff members have completed
Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans
Local Assistance Procedures Manual (LAPM. Current Version of LAPM is published with updates in January 2023). Also, as
contract City Engineers representing various cities, we also work closely with Caltrans staff on LAPM compliance audits
on various federally funded projects.
Transtech has extensive experience in managing DB Projects in compliance with CA Public Contract Code. Most recently
(in 2022) we completed C-Block Parking Structure in the City of Ontario. The project included construction of 5 level, 400
space parking structure under DB (Design-Build) Delivery. This project received 2022 Projects of the Year APWA Award.
Currently, we are managing Haz-Mat Abatement and Demolition Phase of another DB Delivery Project (Grand Park). The
total cost of Grand Park Project is $90M.
Our team includes staff members who have worked for CALTRANS previously, including as Deputy District Director, and
as Sr. Construction Manager responsible for oversight of Federally Funded Projects in local agencies in the counties of Los
Angeles, Ventura and San Bernardino.
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers,
including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities.
We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with
governmental agencies, and have a good understanding of public agency issues, procedures, and policies.
We have a qualified team with large pool of well experienced in-house staff readily available with diversified and
extensive expertise, and will be able to respond to service requests and mobilize our resources quickly. As demonstrated
in our proposal, our team has a high level of experience and capability to provide the services with proactive leadership
and good planning and management practices.
Thank you for the opportunity to submit this Task Order Proposal.
Should you have any questions, or require additional information, please contact the undersigned.
Respectfully submitted.
Okan Demirci, PE, QSD, QSP, Principal Project Manager
E: okan.demirci@transtech.org
C: 714-319-6137; O: 909-595-8599
Ahmad Ansari, PE, Principal
E: ahmad.ansari@transtech.org
C: 949-702-5612; O: 909-595-8599
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CITY OF SAN BERNARDINO
Inter-Office Memo for Contract/Agreement Routing
CITY CLERK’S OFFICE
DATE: ________________________
TO: City Clerk’s Office
FROM: ____________________________________________________________
(Contact Person/ Department/Division/ Ext.)
SUBJECT: (Contractor/Project)
Please fill in all blanks below. Enter “N/A” if not applicable
Council Meeting Date: _____________________
Agenda Item No. ______________________________
Resolution No. ___________________________
Notary Required _________________________
Number of Copies: 2
To be completed by designated office:
Purchasing Manager: _________________________
City Attorney: ______________ (date signed)
City Manager: ______________ (date signed)
To be completed by City Clerk’s office:
City Clerk: _________________ (date signed)
Scan date: __________________
Contract expiration Date: ___________________________
Destruction date per City’s Retention Schedule: __________________
(date signed)
City Clerk
Review:__________
February 8, 2023
Daniel Hernandez/Agency Director PW, Ops and Maint/ext. 5924
Transtech Engineers Inc./ On-Call Civil Engineering Design Services PSA
11/16/2022
22
N/A
N/A
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ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND TRANSTECH ENGINEERS, INC.
This Agreement is made and entered into as of February 16, 2023 by and between
the City of San Bernardino, a charter city and municipal corporation organized and
operating under the laws of the State of California with its principal place of business at
Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Transtech
Engineers, Inc., a CORPORATION with its principal place of business at 13367 Benson
Ave., Chino, CA. 91710 (hereinafter referred to as “Consultant”). City and Consultant
are hereinafter sometimes referred to individually as “Party” and collectively as the
“Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of
professional services for the following project:
Civil Engineering Design, Consulting and Project Management Services for:
1. Civil Engineering Design
2. Traffic
3. Survey
4. Inspection and Management of Construction
5. Civil Engineering for Transportation
6. Project Management/Staff Augmentation
(hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide
such services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are
hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in
the Scope of Services attached hereto as Exhibit “A.” The services shall be more
particularly described in the individual Task Order issued by the City or its designee. No
services shall be performed unless authorized by a fully executed Task Order in the form
attached hereto as Exhibit “B”.
3. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel identified in their
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proposal. Consultant warrants that Consultant is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant’s performance of this Agreement. Consultant further represents that no
City employee will provide any services under this Agreement.
4. Compensation.
a. Consultant shall receive compensation, including authorized
reimbursements, for all services rendered under this Agreement at the rates set forth in
the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this
reference. The maximum compensation for services to be provided pursuant to each
Task Order shall be set forth in the relevant Task Order. The total aggregate
compensation paid to Consultant under this Agreement shall not exceed the amount set
forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement and all Task Orders issued hereunder exceed the sum
of $50,000 per assigned task order. This amount is to cover all related costs, and the
City will not pay any additional fees for printing expenses. Consultant may submit
invoices to City for approval. Said invoice shall be based on the total of all Consultant’s
services which have been completed to City’s sole satisfaction. City shall pay
Consultant’s invoice within forty-five (45) days from the date City receives said invoice.
The invoice shall describe in detail the services performed and the associated time for
completion. Any additional services approved and performed pursuant to this Agreement
shall be designated as “Additional Services” and shall identify the number of the
authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the
City, and informal consultations with the other party indicate that a change is warranted,
it shall be processed in the following manner: a letter outlining the changes shall be
forwarded to the City by Consultant with a statement of estimated changes in fee or time
schedule. An amendment to this Agreement shall be prepared by the City and executed
by both Parties before performance of such services, or the City will not be required to
pay for the changes in the scope of work. Such amendment shall not render ineffective
or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.
Annual increases shall not exceed the percentage change in the Consumer Price
Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-
San Bernardino – Ontario, CA areas for the twelve (12) month period July through
July immediately preceding the adjustments and be subject to City’s sole discretion
and approved (if needed) for budget funding by the City Council.
6. Term. The term of this Agreement shall be from February 16, 2023, to
November 16, 2027, unless earlier terminated as provided herein. Consultant shall
complete the services within the term of this Agreement and shall meet any other
established schedules and deadlines set forth in each individual Task Order issued by
the City. All applicable indemnification provisions of this Agreement shall remain in effect
following the termination of this Agreement.
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7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be
made available to City for inspection and/or audit at mutually convenient times for a period
of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final
payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of a Task Order from the
City to proceed.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable
control of the non-performing Party. For purposes of this Agreement, such circumstances
include a Force Majeure Event. A Force Majeure Event shall mean an event that
materially affects the Consultant’s performance and is one or more of the following: (1)
Acts of God or other natural disasters occurring at the project site; (2) terrorism or other
acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals
by governmental authorities that are required for the services); and (4) pandemics,
epidemics or quarantine restrictions. For purposes of this section, “orders of
governmental authorities,” includes ordinances, emergency proclamations and orders,
rules to protect the public health, welfare and safety.
b. Should a Force Majeure Event occur, the non-performing Party shall,
within a reasonable time of being prevented from performing, give written notice to the
other Party describing the circumstances preventing continued performance and the
efforts being made to resume performance of this Agreement. Delays shall not entitle
Consultant to any additional compensation regardless of the Party responsible for the
delay.
c. Notwithstanding the foregoing, the City may still terminate this
Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes
and regulations of the federal, state and local government, including Cal/OSHA
requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining
and maintaining all permits required of Consultant by federal, state and local regulatory
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agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/
or removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance
with generally accepted professional practices and principles and in a manner consistent
with the level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at
all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept
payment from or employment with any person or entity which will constitute a conflict of
interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this
Agreement, obtain and maintain during the term of this Agreement a valid business
registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and
any and all other licenses, permits, qualifications, insurance, and approvals of whatever
nature that are legally required of Consultant to practice his/her profession, skill, or
business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the
written consent of the City, which may be withheld for any reason. Any attempt to so
assign or so transfer without such consent shall be void and without legal effect and shall
constitute grounds for termination. Subcontracts, if any, shall contain a provision making
them subject to all provisions stipulated in this Agreement. Nothing contained herein shall
prevent Consultant from employing independent associates and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent
contractor and is not an employee of City. No employee or agent of Consultant shall
become an employee of City. The work to be performed shall be in accordance with the
work described in this Agreement, subject to such directions and amendments from City
as herein provided. Any personnel performing the work governed by this Agreement on
behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel,
including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has
provided evidence satisfactory to the City it has secured all insurance required under this
section. In addition, Consultant shall not allow any subcontractor to commence work on
any subcontract until it has secured all insurance required under this section.
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a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant’s and its subconsultants’
policies of commercial general liability and automobile liability insurance using the
endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies
acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be
at least as broad as the following:
Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include
coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits
by one insured against another; (3) products/completed operations liability; or (4) contain
any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City-designated volunteers additional insured status
using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements
providing the exact same coverage.
(vi) The general liability program may utilize either deductibles
or provide coverage excess of a self-insured retention, subject to written approval by the
City, and provided that such deductibles shall not apply to the City as an additional
insured.
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c. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury
and property damage including coverage for owned, non-owned and hired vehicles, in a
form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least
as broad as Insurance Services Office Form Number CA 00 01 covering automobile
liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City
as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance
with the provisions of that code, and he/she will comply with such provisions before
commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during
the term of this Agreement, at all times during the performance of the work under this
Agreement, the Consultant shall maintain full compensation insurance for all persons
employed directly by him/her to carry out the work contemplated under this Agreement,
all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the
Labor Code of the State of California and any acts amendatory thereof, and Employer’s
Liability Coverage in amounts indicated herein. Consultant shall require all
subconsultants to obtain and maintain, for the period required by this Agreement, workers’
compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the
Consultant shall maintain professional liability or Errors and Omissions insurance
appropriate to its profession, in a form and with insurance companies acceptable to the
City and in an amount indicated herein. This insurance shall be endorsed to include
contractual liability applicable to this Agreement and shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant. “Covered Professional Services” as designated in the policy must specifically
include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber)
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At all times during the performance of work under this Agreement, the Designer
shall maintain privacy/network security insurance, in a form and with insurance
companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3)
denial or loss of service, and (4) the introduction, implantation or spread of malicious
software code.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the
Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000
aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily
injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate
(errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a
waiver of any coverage normally provided by any insurance. Any available coverage shall
be provided to the parties required to be named as Additional Insured pursuant to this
Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all
insurance required herein. Such evidence shall include original copies of the ISO CG
00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All
evidence of insurance shall be signed by a properly authorized officer, agent, or qualified
representative of the insurer and shall certify the names of the insured, any additional
insureds, where appropriate, the type and amount of the insurance, the location and
operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
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(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any
such policy due to non-payment of the premium. If any of the required coverage is
cancelled or expires during the term of this Agreement, the Consultant shall deliver
renewal certificate(s) including the General Liability Additional Insured Endorsement to
the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile
Policy shall each contain a provision stating that Consultant’s policy is primary insurance
and that any insurance, self-insurance or other coverage maintained by the City or any
named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later
than the effective date of this Agreement. Consultant shall maintain such coverage
continuously for a period of at least three years after the completion of the work under
this Agreement. Consultant shall purchase a one (1) year extended reporting period A)
if the retroactive date is advanced past the effective date of this Agreement; B) if the
policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made
policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor
of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Consultant hereby waives
its own right of recovery against City, and shall require similar written express waivers
and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the
limits of liability. Further the limits set forth herein shall not be construed to relieve the
Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s
indemnification obligations to the City and shall not preclude the City from taking such
other actions available to the City under other provisions of the Agreement or law.
j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum
requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to
transact in the business of insurance in the State of California, or otherwise allowed
to place insurance through surplus line brokers under applicable provisions of the
California Insurance Code or any federal law.
k. Additional Insurance Provisions
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(i) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance
by the City, is not intended to and shall not in any manner limit or qualify the liabilities
and obligations otherwise assumed by the Consultant pursuant to this Agreement,
including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by
Consultant or City will withhold amounts sufficient to pay premium from Consultant
payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the
City Council, nor any of the officials, officers, employees, agents or volunteers shall be
personally responsible for any liability arising under or by virtue of this Agreement.
l. Subconsultant Insurance Requirements. Consultant shall not allow
any subcontractors or subconsultants to commence work on any subcontract until they
have provided evidence satisfactory to the City that they have secured all insurance
required under this section. Policies of commercial general liability insurance provided
by such subcontractors or subconsultants shall be endorsed to name the City as an
additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact
same coverage. If requested by Consultant, City may approve different scopes or
minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and
appointed officials, officers, employees, agents, and authorized volunteers free and
harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or
injury of any kind, in law or equity, to property or persons, including wrongful death,
(collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of
the Consultant’s services, the Project, or this Agreement, including without limitation the
payment of all damages, expert witness fees, attorneys’ fees and other related costs and
expenses. This indemnification clause excludes Claims arising from the sole negligence
or willful misconduct of the City. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, the City Council, members
of the City Council, its employees, or authorized volunteers. Consultant’s indemnification
obligation shall survive the expiration or earlier termination of this Agreement.
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b. If Consultant’s obligation to defend, indemnify, and/or hold harmless
arises out of Consultant’s performance as a “design professional” (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation
shall be limited to the extent which the Claims arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant in the performance of
the services or this Agreement, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim, including the cost to
defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the
requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well
as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on certain “public works” and “maintenance” projects. If the Services are
being performed as part of an applicable “public works” or “maintenance” project, as
defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such
Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any
claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and
all subcontractors to comply with all California Labor Code provisions, which include but
are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815)
and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or
“maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration
of the Project and require the same of any subconsultants, as applicable. This Project
may also be subject to compliance monitoring and enforcement by the Department of
Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement,
Consultant verifies that it fully complies with all requirements and restrictions of state and
federal law respecting the employment of undocumented aliens, including, but not limited
to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term
of this Agreement, the action shall be brought in a state or federal court situated in the
County of San Bernardino, State of California.
21. Termination or Abandonment
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a. City has the right to terminate or abandon any portion or all of the
work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately given title and possession to all original field
notes, drawings and specifications, written reports and other documents produced or
developed for that portion of the work completed and/or being abandoned. City shall pay
Consultant the reasonable value of services rendered for any portion of the work
completed prior to termination. If said termination occurs prior to completion of any task
for the Project for which a payment request has not been received, the charge for services
performed during such task shall be the reasonable value of such services, based on an
amount mutually agreed to by City and Consultant of the portion of such task completed
but not paid prior to said termination. City shall not be liable for any costs other than the
charges or portions thereof which are specified herein. Consultant shall not be entitled
to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services
under this Agreement upon thirty (30) calendar days’ written notice to City only in the
event of substantial failure by City to perform in accordance with the terms of this
Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in
connection with this Agreement, the prevailing Party shall be entitled to recover from the
opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by
the prevailing Party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and
expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City
shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City’s representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant’s professional services occurs, Consultant
shall, at no cost to City, provide all other services necessary to rectify and correct the
matter to the sole satisfaction of the City and to participate in any meeting required with
regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee
of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or
Abandonment,” above, all original field notes, written reports, Drawings and
Specifications and other documents, produced or developed for the Project shall, upon
payment in full for the services described in this Agreement, be furnished to and become
the property of the City.
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27. Organization. Consultant shall assign Ahmad Ansair ,Ali Cayir and/or
Terry Renner as Project Manager(s). The Project Manager shall not be removed from
the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post
Office, certified mail, return receipt requested, postage prepaid, addressed to the
following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Daniel Hernandez Agency
Director of Public Works, Operations,
and Maintenance
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Transtech Engineers, Inc.
413 MacKay Drive
San Bernardino, CA. 92408
Attn: Allen Cayir
President
30. Third Party Rights. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or
other interests protected by the State or Federal Constitutions. Such non-discrimination
shall include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the
entire understanding of City and Consultant as to those matters contained herein, and
supersedes and cancels any prior or contemporaneous oral or written understanding,
promises or representations with respect to those matters covered hereunder. Each
Party acknowledges that no representations, inducements, promises, or agreements
have been made by any person which are not incorporated herein, and that any other
agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such
determination shall not affect the validity or enforceability of the remaining terms and
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provisions hereof or of the offending provision in any other circumstance, and the
remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors in interest, executors, administrators and assigns
of each Party to this Agreement. However, Consultant shall not assign or transfer by
operation of law or otherwise any or all of its rights, burdens, duties or obligations without
the prior written consent of City. Any attempted assignment without such consent shall
be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall
in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of
this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain,
or to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ
other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants
that it has not paid nor has it agreed to pay any company or person, other than a bona
fide employee working solely for Consultant, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, City shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no official, officer
or employee of City, during the term of his or her service with City, shall have any direct
interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
41. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one single Agreement.
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42. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are formally bound to the provisions of
this Agreement.
43. Order of Precedence.
The following order and succession of the referenced documents shall govern in
the event of conflict between documents:
1. Amendment(s)
2. This Agreement
3. Task Orders
44. Electronic Signatures. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered
as an original signature for all purposes and shall have the same force and effect as an
original signature
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND TRANSTECH ENGINEERS, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Charles E. McNeely
Interim City Manager
ATTESTED BY:
Genoveva Rocha
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
TRANSTECH ENGINEERS, INC.
Signature
Allen Cayir
Name
President
Title
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EXHIBIT A
Scope of Services / Schedule of Charges
This agreement assists the city with creating a long-term list of “Pre-Qualified
Civil Engineering Firms, Engineering Design Professionals and Related
Consultants”. The consultant shall provide the following services:
• Civil Engineering Design
- Designs for street construction (widening/reduction), pavement
projects (rehabilitation, reconstruction, median additions, ADA
compliant sidewalks and walkways, and ADA compliant access
ramp projects.
- Designs of infrastructure such as: wastewater pump/lift station,
wastewater force main pipeline, gravity pipelines, rehabilitation of
existing gravity and force main pipes. Preparation of wastewater
hydraulic analysis and modeling
- Designs storm drain infrastructure such as: storm drain pipeline and
ancillary structures, detention retention basin, and rehabilitation of existing
storm drain pipes. Preparation of hydrology and hydraulic studies, Master
Drainage studies, Water-Quality Master Plan (WQMP) and Storm Water
Pollution Prevention Plan (SWPPP).Design and implementation of quiet
zone infrastructures and devices at railroad crossings such as a 4 Quadrant
Crossing Gate.
• Traffic Control
- Traffic Engineering Consultants available to provide engineering
design services for new or modified traffic signals, traffic control,
signage and striping, lighting, signal interconnect (hardwire or
fiber optic cable), preparation of Signal Timing Plans and Traffic
Impact Studies, and any other traffic engineering related designs.
• Survey
- Collect existing ground elevation and topographic features.
- Provide targets for aerial survey.
- Provide construction staking for Public Works Capital
Improvement Projects.
- Tie out existing monuments and re-establish monuments pre and
post-construction.
- Prepare legal description and accompany plat for easements,
Right-of-Way acquisition, and Right-of-Way dedication.
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• Inspection and Management of Construction
- Provide Construction Inspection and Management services for
the construction of Capital Improvement Projects such as:
pavement construction projects, street widening, concrete
sidewalk repair, street median additions, ADA sidewalk and ramp
construction, sewer and storm drainpipe installation and
rehabilitation, sewer and storm drain pump station rehabilitation
and construction, and parking structure rehabilitation and new
construction
• Civil Engineering for Transportation
- Provide services for transportation projects. Can conceive,
design, build, supervise, operate, construct and maintain
infrastructure projects and systems in the public and private
sector, including roads, buildings, airports, tunnels, dams, bridges
and systems for water supply and sewage treatment.
• Project Management/Staff Augmentation
o Provide services of leading a work team to achieve all project
goals within specified constraints.
o Planning, organizing, managing the completion of a project, while
ensuring that it delivers the expected results on time, on budget
and within a specific scope of services.
o Provide staffing services for filling short-term project positions for
Public Works on-call civil engineering design services.
Schedule of Charges
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The rates can be increased each year July 1st using the percentage change in the
Consumer Price Index – All urban consumers, All Items (Series ID# CUURS49CSA0)
Riverside-San Bernardino – Ontario, CA. Please see section 5a, section 2 of this
agreement for price adjustments. An amendment must be executed for all price
adjustments due to budget adjustments and city council approval.
EXHIBIT B
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2/16/23
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SCOPE OF SERVICE
Program Management services shall include, but are not limited to:
Environmental, Preliminary Engineering and Right-of-Way Engineering
1. Identify and develop scope of work for capital improvement projects.
2. Prepare Request for Proposals (RFP) for environmental, preliminary engineering and right-of-way
engineering services, as necessary.
3. Coordinate review and evaluation of proposals received for environmental, preliminary
engineering and right-of-way engineering services. Submit recommendations to award to most
qualified consultants.
4. Administer consultant contracts related to environmental, preliminary engineering and right-of-
way engineering phases of capital improvement projects.
5. Define a complete and detailed project description and delineate project study area that will meet
needs of technical analyses and environmental documentation, as may be required.
6. Coordinate preparation of legal descriptions and plat maps of right-of-way acquisitions, as may
be required.
7. Coordinate preparation and completion of Request for Authorization (RFA) package on federally
funded projects for submittal to Caltrans.
Preliminary and Final Design
1. Prepare RFP for professional engineering and design services.
2. Coordinate review and evaluation of proposals received for design services. Submit
recommendations to award to most qualified consultants.
3. Administer consultant design contracts on capital improvement projects.
4. Coordinate review of pavement evaluation reports, geotechnical investigations, soils reports,
traffic studies, etc. related to design of capital improvement projects.
5. Coordinate review and plan check of plans and specifications at the 60%, 90% and 100%
completion levels.
6. Prepare project budget and schedules and monitor through completion.
Pre-Construction Phase:
1. Perform value engineering and constructability review of project plans and specifications.
2. Review engineer’s estimates and approved budgets for projects.
3. Prepare and maintain a master project schedule based on anticipated completion of design and
construction phases of projects, integrating all reviews and approvals as may be required by City
and other regulatory agencies.
4. Coordinate preparation and completion of Request for Authorization (RFA) for Construction
package on federally funded projects for submittal to Caltrans.
5. Package bid documents for advertising.
6. Coordinate with project design consultant in responding to relevant questions during bid
phase. Issue addenda as necessary to address these questions or clarifications.
7. Review and evaluate bids received and submit recommendation to award to lowest responsible
bidder.
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Page 2 of 3
Construction Phase
1. Arrange and conduct Pre-Construction meetings, inviting general contractors and project
stakeholders. Prepare minutes of Pre-Construction meetings for distribution to all attendees.
2. Provide and maintain sufficient field personnel to administer and manage construction contracts.
3. Review construction schedules, including activity sequences and duration, schedules of submittals
and delivery schedules of long lead materials and equipment. Review contractor’s updates and
revisions as may be required to reflect actual progress of work.
4. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress,
problems, change orders, submittals, requests for information (RFIs), deficiencies and
schedules. Prepare minutes of progress meetings for distribution to all attendees.
5. Process contractor’s submittals for project design consultant’s review and approval.
6. Process and track RFIs, submittals, shop drawings, proposed change orders and revisions.
7. Review and evaluate proposed change orders. Review estimates for reasonableness and cost
effectiveness and render recommendations to City.
8. Maintain cost accounting records on authorized work performed under contract unit costs and
additional work performed based on actual costs of time (labor) and materials (T&M).
9. Develop a reasonable cost control system, including regular monitoring of actual costs for
activities in progress and estimates for uncompleted tasks and proposed changes. Identify
variances between actual and estimated costs and report such variances to City at regular
intervals.
10. Assist City in coordinating services of other consultants (geotechnical, NPDES, materials testing,
deputy inspection, special laboratory testing, etc.) that may be hired or selected for the projects.
11. Coordinate with project design consultant in response to contractor’s requests for interpretation
or clarification of meaning and intent of project plans and specifications.
12. Establish and implement job safety procedures in compliance with CAL-OSHA
requirements. Monitor contractor’s compliance with established safety program, res pond to
deficiencies and hazards, and investigate and report on accidents.
13. Track quantities of work completed for progress payments. Develop and implement procedures
for review and processing of progress payment applications. Assist City with review and
certification for payment.
14. Establish procedures and monitor contractor compliance with federal and state prevailing wage
regulations and requirements.
15. Perform quality assurance reviews on a regular basis and recommend changes, as necessary.
16. Comply with federal and state grant funding requirements. Assist City in preparing and processing
reimbursements.
17. Maintain a complete project filing system. Filing system shall be in accordance with Section 16.8
(Chapter 16) of the Caltrans LAPM.
Post-Construction Phase
1. Evaluate completion of work and recommend to City when work is ready for final inspection.
2. Conduct final inspection/walk through with City staff, maintenance/service personnel and project
design consultants.
3. Issue preliminary and final punch lists, including schedules for punch list completion. Monitor and
follow through until completion of all punch list items.
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4. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds,
operating & maintenance manuals, warranties and other documents as stipulated in contract
documents.
5. Review and process contractor’s requests for final payment and release of retention.
6. Coordinate preparation and submittal of as-built drawings.
7. Deliver project files to City.
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Proposal
Capital
Improvement
Program
(CIP)
Programmatic
Services
Submitted To
City of SAN BERNARDINO
Office: 201 North E Street, 2nd floor
Mail: 290 North D Street
San Bernardino, CA 92401
Attn.: Daniel Hernandez
Agency Director of Public Works,
Operations, and Maintenance
Submittal Requirement:
Via email to: Hernandez_Da@sbcity.org
Via email cc to: Pan_Su@sbcity.org
Submitted By
TRANSTECH Engineers, Inc.
Contact Person for this Proposal:
Ahmad Ansari, PE, Principal
E: ahmad.ansari@transtech.org
E: rfp@transtech.org
C: 949-702-5612
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About Transtech Video Highlight:
CLICK HERE
www.transtech.org
855.595.2495 (toll-free)
January 25, 2023
City of SAN BERNARDINO
201 North E Street, 2nd floor
San Bernardino, CA 92401
Submittal Requirement: Via email to: Hernandez_Da@sbcity.org Via email cc to: Pan_Su@sbcity.org
Attn.: Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Proposal, Capital Improvement Program (CIP) Programmatic Services
Dear Mr. Hernandez:
Transtech is pleased to submit this Proposal for the subject services. This Cover Letter provides an executive
summary of our qualifications relevant to the services requested.
ABOUT TRANSTECH: Established in 1989, Transtech (a California Corporation) has been in business for 33 years and
provides municipal services to approximately 70 public agencies. Our staff and resources include approximately 200
staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and
map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building
inspectors, planners and support personnel.
MULTI-DISCIPLINARY MUNICIPAL ENGINEERING CONSULTING FIRM: Transtech is a multi-disciplinary municipal
engineering consulting firm. Our service capabilities include:
• Building & Safety Services, Building Official Building
Inspection, Plan Check
• Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Eng
• Emergency, Support Services
EXTENSIVE EXPERIENCE IN MANAGING A VARIETY/TYPES OF PROJECTS: Transtech has extensive experience in
managing a variety/types of projects, such as:
• Street Rehabilitation and Reconstruction
• Traffic Signal and Street Lighting
• ADA Improvements
• Water, Drainage, Sewer Improvements
• Bridges
• Parks and Playgrounds
• Parking Structures
• Community Centers
• Libraries
• City Halls
• Fire Stations
• Renovation of Historic Buildings
EXTENSIVE EXPERIENCE IN FEDERALLY FUNDED PROJECTS AND LAPM: Transtech has extensive experience in the
management and administration of federally funded projects in compliance with LAPM. In the past few years, we
managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer
Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance
Procedures Manual (LAPM. Current Version of LAPM is published with updates in January 2023). Also, as contract City
Engineers representing various cities, we also work closely with Caltrans staff on LAPM compliance audits on various
federally funded projects.
EXPERIENCE IN DB (DESIGN-BUILD) PROJECT DELIVERY: Transtech has extensive experience in managing DB Projects
in compliance with CA Public Contract Code. Most recently (in 2022) we completed C-Block Parking Structure in the
City of Ontario. The project included construction of 5 level, 400 space parking structure under DB (Design-Build)
Delivery. This project received 2022 Projects of the Year APWA Award.
Currently, we are managing Haz-Mat Abatement and Demolition Phase of another DB Delivery Project (Grand Park).
The total cost of Grand Park Project is $90M.
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January 25, 2023
City of SAN BERNARDINO
Attn.: Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Page 2
Proposal, Capital Improvement Program (CIP) Programmatic Services www.transtech.org
855.595.2495 (toll-free)
STAFF MEMBERS WHO HAVE WORKED FOR CALTRANS: Also, our team includes staff members who have worked for
CALTRANS previously, including as Deputy District Director, and as Sr. Transportation Engineer responsible for oversight
of Federally Funded Projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino.
• Mohammad Pasebani, PE (LAPM Compliance QC/QA Oversight): Over 35 years of experience working for
Caltrans. His career path included a number of positions in Caltrans, with last position being Senior
Transportation Engineer, responsible for oversight of Federally Funded projects in local agencies in the counties
of Los Angeles, Ventura and San Bernardino. He also provided instruction at various Resident Engineer
Academies and Seminars/Workshops designed for Local agencies.
• Ali Zaghari, PE (Caltrans Coordination Oversight): Over 35 years of experience in Transportation Management
& Operations at various capacities in the California Department of Transportation (Caltrans). His career path
includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District
Director.
UNIQUE QUALIFICATIONS: One of the unique qualifications of Transtech is that we serve public agencies as municipal
contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager,
Planner and in other capacities. We have extensive experience working with Public Agencies in similar assignments.
We are accustomed to working with governmental agencies, and have a good understanding of public agency
issues, procedures, and policies.
LARGE POOL OF WELL EXPERIENCED IN-HOUSE STAFF READILY AVAILABLE: We have a qualified team with large pool
of well experienced in-house staff readily available with diversified and extensive expertise, and will be able to
respond to service requests and mobilize our resources quickly. As demonstrated in our proposal, our team has a
high level of experience and capability to provide the services with proactive leadership and good planning and
management practices.
We believe our team is well qualified to perform the services requested:
Successfully providing similar services to many agencies for over 33 years.
Proven track record in on time and within budget project delivery.
Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services.
Ability to work collaboratively with agencies, project applicants, and other stake holders, and
communicate effectively with diverse audiences and stakeholders at public forums.
Committed to producing a high-quality work product and deliver a high level of customer care.
We understand the importance of an effective public relations and information program, and have
managed large projects, which involved multiple agencies and jurisdictions.
Understanding of public agencies procedures, and policies, and extensive experience in preparing staff
reports, and presentations to City Council, Boards and public.
Our services are founded on the principals of Total Quality Management for Total Customer Care and
Satisfaction.
Commitment of principal level management and involvement throughout the contract duration.
We present to the City a team with proven experience and success, self- motivated, and can manage and
deliver projects in an efficient and effective manner with high quality service.
Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Ahmad Ansari, PE, Principal
E: Ahmad.ansari@transtech.org; E: rfp@transtech.org; C: 949-702-5612
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Table of Contents
Proposal
Capital Improvement Program (CIP) Programmatic Services
Our proposal includes information listed in RFP under “Proposal Content”, and is formatted per the sections
listed in the RFP under “Proposal Format”, as listed below:
Proposal Section Page
1. Perception Approach 1.1 – 1.9
1. Project understanding and perception 1.1
2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy 1.5
2. Methodology 2.1 – 2.17
1. Clearly state the methodology to be used in completing the Scope of Services 2.1
2. Provide QA/QC plan to ensure quality control for the duration of the project 2.16
3. Key Personnel 3.1 – 3.17
This section of the proposal shall be formatted as follows:
1. Experience of key personnel 3.1
2. Responsibilities to be assigned 3.3
3. Amount of each individual’s time to be allocated 3.4
4. Subconsultant(s) to be used (if any) 3.5
5. Resumes of key personnel 3.5
6. Project organization chart 3.17
4. Relevant Experience 4.1 – 4.18
This section of the proposal shall include at least three (3) projects completed by the proposed project team within the past five
years.
5. Quality of Proposal 5.1 – 5.3
1. Proposal contains all minimum required items and is in proper format 5.1
2. All forms, including addenda (if any) have been completed and signed 5.3
6. Budget / Fee 6.1 – 6.2
Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of
program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated
hours as need due to the City’s needs.
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Proposal Section 1
Perception Approach
Proposal
Capital Improvement Program (CIP) Programmatic Services
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1. Perception Approach 1.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
1. Perception Approach
1. Project understanding and perception
2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy
1. Project understanding and perception
The City has requested proposals from on-call consultants for
Professional Engineering and Program Management Services
related to implementing the City’s Capital Improvement Program
(CIP).
The City has approximately $100 million in capital improvements
programmed over the next five years. The CIP includes a variety of
projects, such as:
• 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 irrigation improvements
• bridge maintenance and repairs
• rehabilitation of City-owned facilities
Transtech Comment:
Transtech has extensive experience in managing a variety/types of projects, such as:
• Street Rehabilitation and Reconstruction
• Traffic Signal and Street Lighting
• ADA Improvements
• Water, Drainage, Sewer Improvements
• Bridges
• Parks and Playgrounds
• Parking Structures
• Community Centers
• Libraries
• City Halls
• Fire Stations
• Renovation of Historic Buildings
The selected consultant will provide Professional Engineering and Program Management Services as
described in Chapter 16, “Administer Construction Contracts,” of the State of California Department of
Transportation’s (Caltrans) Local Assistance Procedure Manual (LAPM).
Transtech Comment:
• We have extensive experience in the management and administration of federally funded projects in
compliance with LAPM. In the past few years, we managed over 30 federally funded projects. Our staff members
have completed Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and
procedures of Caltrans Local Assistance Procedures Manual (LAPM. Current Version of LAPM is published with
updates in January 2023).
The Local Assistance Procedures Manual (LAPM) is intended to assist California Local Public Agencies (LPAs)
scope, organize, design, construct, and maintain local public transportation facilities utilizing Federal Highway
Administration (FHWA) federal-aid or state funding. The LAPM describes the required processes, procedures,
documents, authorizations, approvals, and certifications to receive federal-aid and/or state funds for many types
of local transportation projects.
The LAPM is intended to be used in conjunction with the Local Assistance Program Guidelines (LAPG). The LAPG
describes each of the federal-aid and state-funded Local Assistance programs and the requirements for
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1. Perception Approach 1.2
Proposal
Capital Improvement Program (CIP) Programmatic Services
obtaining project funding for these individual programs
Projects utilizing only state funds require less oversight and review than those with federal-aid funds. Not all of the
processes described in the chapters of this manual apply to these projects. LAPM Chapters 1, 2, 3, 4, 5, 10, and
17 apply in whole, or in part, to these projects. The LAPG further defines these programs.
In addition to Chapter 16 of LAPM, several other chapters will be applicable to the tasks that will be performed
by the selected Program Management Consultant on Federally and State Funded projects. Following is a
summary of LAPM Chapters, which maybe applicable to various project phases where guidelines and
requirements included in LAPM Chapters will have to be followed:
o Chapter 2: Roles and Responsibilities defines the roles and responsibilities for the various entities involved in
developing a local assistance project.
o Chapter 3: Project Authorization describes the process to obtain project authorization and fund obligation
required for each phase of a federal-aid project.
o Chapter 4: Agreements describes the agreements needed between the LPA and the State and between
the State and FHWA to obtain reimbursement of funds.
o Chapter 5: Invoicing describes the general accounting procedures necessary to receive reimbursement for
work done in any phase of the project.
o Chapters 6-8: Environmental Procedures, Field Review, and Public Hearings discuss the project initiation and
environmental procedures needed to bring a project to the stage at which the LPA decision-makers commit
the project to final design and implementation.
o Chapter 9: Civil Rights and Disadvantaged Business Enterprises describes the requirements for establishing
and reporting DBE program and project goals. This process may be necessary during the initial project stage,
or may not be required until a later phase.
o Chapter 10: Consultant Selection describes the requirements for selecting and hiring consultants to perform
project activities.
o Chapters 11 & 12: Design Guidance and Plans, Specifications, & Estimate describe the design standards to
be used and the Plans, Specifications and Estimate (PS&E) development necessary to bring the project to
the advertising and construction stage.
o Chapters 13 & 14: Right of Way and Utility Relocations describe the procedures used to acquire right of way
or relocate utilities.
o Chapters 15-17: Advertise and Award Project, Administer Construction Contracts, and Project Completion
describe the procedures from advertising through construction administration, project completion, and
completion of the final reports.
o Chapter 18: Maintenance describes the ongoing maintenance responsibilities and activities needed to
assure that the project remains a functional public asset, and the related inspection and reporting
requirements.
o Chapter 19: Reserved for future use.
o Chapter 20: Audits and Corrective Actions describes the expectations, roles, and responsibilities for audits
conducted by the Caltrans Internal Audits Office (CIAO) or the Independent Office of Audits and
Investigations (IOAI).
• As contract City Engineers representing various cities, we also work closely with Caltrans staff on LAPM
compliance audits on various federally funded projects.
• Our team includes staff members who have worked for CALTRANS previously, including as Sr. Transportation
Engineer responsible for oversight of Federally Funded Projects in local agencies in the counties of Los Angeles,
Ventura and San Bernardino and as Deputy District Director.
o Mohammad Pasebani, PE (LAPM Compliance QC/QA Oversight): Over 35 years of experience working for
Caltrans. His career path included a number of positions in Caltrans, with last position being Senior
Transportation Engineer, responsible for oversight of Federally Funded projects in local agencies in the
counties of Los Angeles, Ventura and San Bernardino. He also provided instruction at various Resident
Engineer Academies and Seminars/Workshops designed for Local agencies.
o Ali Zaghari, PE (Caltrans Coordination Oversight): Over 35 years of experience in Transportation Management
& Operations at various capacities in the California Department of Transportation (Caltrans). His career path
includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District
Director.
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1. Perception Approach 1.3
Proposal
Capital Improvement Program (CIP) Programmatic Services
More specifically, the services shall include, but are not limited to:
Environmental, Preliminary Engineering and Right-of-Way Engineering
1. Identify and develop scope of work for capital improvement projects.
2. Prepare Request for Proposals (RFP) for environmental, preliminary engineering and right-of-way engineering
services, as necessary.
3. Coordinate review and evaluation of proposals received for environmental, preliminary engineering and
right-of-way engineering services. Submit recommendations to award to most qualified consultants.
4. Administer consultant contracts related to environmental, preliminary engineering and right-of-way
engineering phases of capital improvement projects.
5. Define a complete and detailed project description and delineate project study area that will meet needs
of technical analyses and environmental documentation, as may be required.
6. Coordinate preparation of legal descriptions and plat maps of right-of-way acquisitions, as may be required.
7. Coordinate preparation and completion of Request for Authorization (RFA) package on federally funded
projects for submittal to Caltrans.
Preliminary and Final Design
1. Prepare RFP for professional engineering and design services.
2. Coordinate review and evaluation of proposals received for design services. Submit recommendations to
award to most qualified consultants.
3. Administer consultant design contracts on capital improvement projects.
4. Coordinate review of pavement evaluation reports, geotechnical investigations, soils reports, traffic studies,
etc. related to design of capital improvement projects.
5. Coordinate review and plan check of plans and specifications at the 60%, 90% and 100% completion levels.
6. Prepare project budget and schedules and monitor through completion.
Pre-Construction Phase:
1. Perform value engineering and constructability review of project plans and specifications.
2. Review engineer’s estimates and approved budgets for projects.
3. Prepare and maintain a master project schedule based on anticipated completion of design and
construction phases of projects, integrating all reviews and approvals as may be required by City and other
regulatory agencies.
4. Coordinate preparation and completion of Request for Authorization (RFA) for Construction package on
federally funded projects for submittal to Caltrans.
5. Package bid documents for advertising.
6. Coordinate with project design consultant in responding to relevant questions during bid phase. Issue
addenda as necessary to address these questions or clarifications.
7. Review and evaluate bids received and submit recommendation to award to lowest responsible bidder.
Construction Phase
1. Arrange and conduct Pre-Construction meetings, inviting general contractors and project
stakeholders. Prepare minutes of Pre-Construction meetings for distribution to all attendees.
2. Provide and maintain sufficient field personnel to administer and manage construction contracts.
3. Review construction schedules, including activity sequences and duration, schedules of submittals and
delivery schedules of long lead materials and equipment. Review contractor’s updates and revisions as may
be required to reflect actual progress of work.
4. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress, problems,
change orders, submittals, requests for information (RFIs), deficiencies and schedules. Prepare minutes of
progress meetings for distribution to all attendees.
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1. Perception Approach 1.4
Proposal
Capital Improvement Program (CIP) Programmatic Services
5. Process contractor’s submittals for project design consultant’s review and approval.
6. Process and track RFIs, submittals, shop drawings, proposed change orders and revisions.
7. Review and evaluate proposed change orders. Review estimates for reasonableness and cost effectiveness
and render recommendations to City.
8. Maintain cost accounting records on authorized work performed under contract unit costs and additional
work performed based on actual costs of time (labor) and materials (T&M).
9. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in
progress and estimates for uncompleted tasks and proposed changes. Identify variances between actual
and estimated costs and report such variances to City at regular intervals.
10. Assist City in coordinating services of other consultants (geotechnical, NPDES, materials testing, deputy
inspection, special laboratory testing, etc.) that may be hired or selected for the projects.
11. Coordinate with project design consultant in response to contractor’s requests for interpretation or
clarification of meaning and intent of project plans and specifications.
12. Establish and implement job safety procedures in compliance with CAL-OSHA requirements. Monitor
contractor’s compliance with established safety program, respond to deficiencies and hazards, and
investigate and report on accidents.
13. Track quantities of work completed for progress payments. Develop and implement procedures for review
and processing of progress payment applications. Assist City with review and certification for payment.
14. Establish procedures and monitor contractor compliance with federal and state prevailing wage regulations
and requirements.
15. Perform quality assurance reviews on a regular basis and recommend changes, as necessary.
16. Comply with federal and state grant funding requirements. Assist City in preparing and processing
reimbursements.
17. Maintain a complete project filing system. Filing system shall be in accordance with Section 16.8 (Chapter
16) of the Caltrans LAPM.
Post-Construction Phase
1. Evaluate completion of work and recommend to City when work is ready for final inspection.
2. Conduct final inspection/walk through with City staff, maintenance/service personnel and project design
consultants.
3. Issue preliminary and final punch lists, including schedules for punch list completion. Monitor and follow
through until completion of all punch list items.
4. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating &
maintenance manuals, warranties and other documents as stipulated in contract documents.
5. Review and process contractor’s requests for final payment and release of retention.
6. Coordinate preparation and submittal of as-built drawings.
7. Deliver project files to City.
Transtech Comment:
• One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service
providers. Several of our senior staff members have previously worked for Public Agencies in various capacities,
such as Public Works Director, City Engineer, City Traffic Engineer, CIP Manager, Building Official, Planner, and
various other capacities.
• We have extensive experience working with Public Agencies in similar assignments. We are accustomed to
working with governmental agencies, and have a good understanding of public agency issues, procedures, and
policies.
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1. Perception Approach 1.5
Proposal
Capital Improvement Program (CIP) Programmatic Services
2. Approach to the project including steps to ensure ultimate compliance with
objectives of the work, quality and accuracy
PROJECT DELIVERY, PLANNING AND EXECUTION APPROACH:
Project delivery, on time and on budget, may involve the process steps listed below:
• Active involvement early in the project and a thorough understanding of the agencies goals and
objectives.
• Management of scope and quality (i.e., is the available budget and the desired scope consistent
and feasible?).
• Identify deliverables, phasing, and overall project schedule. (This specifically includes project closeout
procedures. Never wait until the last minute to define expectations for project completion.)
• Creation of a basic work breakdown structure. (This is also the time to consider potential alternatives.)
• Identification of the critical activities and the required path from beginning to successful completion.
• Assembly of necessary and effective team members.
• Identify the owner of the project and the project point of contact.
• Identification of critical stakeholders and definition of their respective roles.
• Establish the total project budget and the total project schedule.
• Identification of milestone events required to evaluate and/or verify project performance.
• Identify, assesses likelihood, mitigate, and assign potential risks.
• Define quality control procedures, including code required special inspection and testing.
• Define quality assurance procedures, including review and acceptance of special inspection reports
and testing results.
• Monitor costs against the established budget and guard against unfunded scope creep.
• Monitor actual progress against the established project schedule.
To be cost effective, the management of projects should be tailored to the actual project. Steps and
processes that are required for some projects are not necessarily required to all projects. For the same reason,
staffing should be tailored to meet the needs of the specific project, and available staffing should be shared
among multiple projects where increased efficiency can be achieved.
STRUCTURED APPROACH:
We have a structured approach to execute projects in an efficient manner that makes Transtech capable
of providing the City with an efficient and quality product. We have established guidelines and policies on
quality control, project management, and procedures. These guidelines ensure a consistent approach to
the execution of assignments undertaken by our organization in compliance with City’s specific procedures,
standards and requirements. The following paragraphs describe our general approach to deliver projects in
an efficient and cost-effective manner:
• Project Management: Our approach is to provide proactive management and attempt to identify potential
issues and problems in advance and take corrective actions before they become problems. This requires
extensive hands-on knowledge, experience and management skills of the people involved in managing the
project. Our team members have extensive experience and proven track record in managing large and
complex projects and bringing them to a completion on time and within budget.
• Approach to Cost Control and Change Orders: We evaluate project costs and develop feasible mitigation
measures to minimize additional costs. We work as a team to solve problems or make modifications in the field
to address unforeseen conditions or owner generated changes in a cost-effective manner.
• Approach to Scheduling and Timely Completion of Project and Schedule Recovery: The baseline schedule
should properly identify the project scope, critical path, project milestones, target dates, phases and sequences
of work, and activity durations. When significant activities show that they are slipping from the baseline, we work
with the contractor to develop recovery plans.
• Management of Documents: We use an electronic file management system. All construction forms, daily dairies,
weekly statement of working days, etc. are stored in our electronic file system, and are per Caltrans
documentation system. We provide these documents at the end of the project to the client in organized files as
well as pdf files.
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1. Perception Approach 1.6
Proposal
Capital Improvement Program (CIP) Programmatic Services
• Safety and Security: We hold meetings with the contractor to review and discuss safety and security requirements,
OSHA conformance, emergency security and safety procedures, and enforce security and safety responsibilities.
• Funding Closeout: We prepare necessary closeout documentation required by the funding agencies, submit final
reimbursement documentation, follow-up on the reimbursements, and final funds balance report.
• Project Closeout: We recognize that closeout is an important part of the construction process. It signifies that the
new facility structure is ready to use. We methodically handle all closeout tasks to ensure a smooth transition from
construction to occupancy.
• Methodology for Communication to Inform City on Work Progress: Key project team members will attend periodic
project progress meetings with City staff throughout the project duration.
• Electronic common project information and file sharing platform: We create and provide access to project
participates a common project information and file sharing platform.
DUE DILIGENCE ACTIVITIES AND MEASURES:
Following are description of the due diligence activities and measures that maybe considered to
avoid/minimize the occurrence/impacts of unforeseen conditions:
• In our view, due diligence is related to, but distinctly different from quality control and/or quality
assurance. Due diligence, in this context, is the care and effort during all project phases, from project
planning, design thru construction.
• Effective project controls part of the diligence activities, and lead to developing efficient measures
and resolutions, and play an important role to keep complex projects on track. They help teams and
stakeholders identify emerging risks early, before they become expensive, time-consuming problems.
With advance warning, these issues can be mitigated or avoided altogether. Project controls also
give the project team the data they need to set realistic expectations, and plan and manage the
project with efficiently.
• Also, when an unforeseen condition occurs, it is important to quickly assess the potential impact of
such condition on the schedule and project’s critical path, and deal with the issue accordingly. For
example, an unforeseen condition that may lead to potential delay and delay claims (in addition to
direct construction work cost related to the condition), would have high priority, and may require to
proceed with the work under specific monitoring of this specific work separately, while the facts and
responsibilities are sorted out, and an appropriate change order is finalized.
• Identifying potential construction risks prior to the start of construction can lead to success. During
preconstruction, review of construction and contract documents in an effort to identify risks or
concerns prior to the start of construction, will minimize the potential of unforeseen conditions..
APPROACH/STRATEGY FOR MANAGING, NEGOTIATING, AND INCORPORATING CHANGES IN PROJECT SCOPE
A number of different factors can influence the development of Change Orders on projects, which can result
from either foreseen or unforeseen conditions and may include:
• Design Modifications
• Errors and Omissions
• Changed Conditions
• Additional/Reduced Work Scope
• Owner-Directed Schedule Acceleration or Slowdown
• Work Sequencing
• Adjustments to Unit Pricing
• Force Majeure Delays
• Added Cost Incentives
• Delayed, Denied, or Restricted Access to a Project Site
• Inappropriate Rejection of the Contractor’s Work
• Delays to Owner-Supplied Services and Materials
Our approach and strategy is structured based on minimizing cost and schedule impacts, while evaluating
change orders in a timely, fair and equitable manner.
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1. Perception Approach 1.7
Proposal
Capital Improvement Program (CIP) Programmatic Services
Initial evaluation of a change order request may include various elements:
• Is it already covered in the contract?
• Is it necessary to complete the work?
• Impact on the planned work?
• Will it affect or change the contractor’s planned method of performing the work?
• Will it cause a work-character change?
• Impact on the contract time?
• Methods of payment?
• Are there sufficient contingency funds? If not, can additional funds be obtained soon enough to
prevent delays?
• Impacts on any regulatory conditions, permits, utilities, etc..
Initial documentation may include:
• A memorandum explaining and justifying (or rejecting) the change order
For many change orders, the following documents may be prepared:
• Architect/Engineer of Record stamped, signed and dated revised plan sheets and Specifications,
when applicable.
• Cost estimate calculations supporting any agreed prices
• A time impact analysis justifying any time extensions
Change Order Backlog may be maintained in 2 main categories:
• Undisputed. Includes potential Change Orders that are not in contention and their processing is
delayed because of inadequate administrative support, procedures, or funding.
• Disputed. There are two reasons for a potential Change Order to be disputed.
o In the first case, the owner and the contractor are unable to come to an agreement that the
scope of work that is identified in the potential Change Order actually represents a change to the
contract scope.
o In the second case, the owner and the contractor both agree that the work scope is a change
to the contract scope of work, but are unable to agree on the value or cost of the potential
Change Order and/or its time impact. For potential Change Orders that are disputed, the
approval and compensation may be delayed. The issues, if they are ignored or unresolved, can
later become claims.
Our approach to change order negotiations and resolution includes:
• Establishing the method by which the Change Order will be priced, which usually dictates the level
of negotiation that may be required to resolve the additional costs and time.
• Depending on the amount, complexity, potential impacts, preparation of an independent cost
estimate and a time impact analysis.
Depending on our involvement in various project phases, we suggest consideration of following items to
minimize change order potentials and impacts on the project when a change order is implemented:
• Design Phase:
o Constructability reviews and value engineering program to assess the feasibility of the project’s
design and defined work scope.
o Change order procedures.
o Change management process.
o Avoid delaying the approval of changes that will ultimately be approved. This tactic results in the
changes being pushed to later in the project where they become more costly to implement. It is
a misconception to believe that the issues related to Change Orders resolve themselves.
o Authorization for a change should be mandatory before implementation, regardless of the type
of agreement or contract. Authorization should be timely and decisive.
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1. Perception Approach 1.8
Proposal
Capital Improvement Program (CIP) Programmatic Services
• Contract Award Phase:
o Evaluation of contractor’s bid proposal to ensure that the documents are complete and that the
cost and schedule reasonably represent the scope objectives and timelines required for the
project.
• Construction phase:
o Budget and schedule baseline control.
o Processing, approving, and executing Change Orders in a timely manner to avoid disputes and
claims that may affect the progress and completion of the project.
Change Order Documentation:
• Change orders should be prepared in a clear, concise, and explicit manner. A change orders should
be easily understood by third parties reviewing it what work was performed without further
explanation.
Communicate with Parties Involved:
• Discus the reason for the requested change and how it will be managed. Disputes over change orders
can be magnified is not properly managed.
• Define the new scope of work and discuss how it will impact the current construction schedule and
performance.
• Keep everyone updated on the change order process.
• Minimize the potential of disputes and claims by documenting change order process in detail.
When applicable, show change order on as-built drawings:
• The contractor is typically required to mark up the contract drawings with the as-built details. This
should also include the revisions that were addressed and approved in the Change Order documents.
• Have the Architect/Engineer of Record review the level of detail and progress of the contractor’s as-
built drawings periodically so that any deficiencies can be addressed in a timely manner.
Approach to efficient change order resolution:
• For the negotiations to be successful, it is important that the owner and the contractor be objective
in their analysis of the cost and time to complete the work scope that is defined by the potential
Change Order. Frequently, the process suffers because of differing personalities and from heightened
emotions. To be productive, the focus of the negotiations should remain on the factual circumstances
that are related to the Change Order.
• During negotiations, disagreements are often experienced, which can impede the progress for
finalizing the Change Order. It is important to actively resolve any disputes as they develop so that
an accord between parties can be reached in a timely manner. This attention by the parties will help
to minimize the filing of claims on a project.
• It is advantageous to both the owner and the contractor that potential Change Orders on a project
are processed in a fair, equitable, and timely manner. The failure to do so most often results in an
increased probability of extended disputes and claims between the owner and the contractor.
Project Partnering: Based on project’s size and complexity, Project Partnering may also be considered:
• Partnering is a relationship between the owner and the contractor, formed in order to effectively
complete the contract to the benefit of both parties. Through trust, cooperation and teamwork, the
goal is to resolve conflicts at the lowest possible level.
• Generally, the costs related to Project Partnering are shared between the owner and the contractor.
If formal Project Partnering is desired, it should be specified in the contract specifications. Informal
partnering may also be beneficial and does not require contract provisions to be implemented.
PROJECT CONTROL SYSTEMS:
Project controls are essential to keep complex construction projects on budget and on time. They help teams
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1. Perception Approach 1.9
Proposal
Capital Improvement Program (CIP) Programmatic Services
and stakeholders identify emerging risks early, before they become expensive, time-consuming problems.
With advance warning, these issues can be mitigated or avoided altogether. Project controls also give
leadership the data they need to set realistic expectations, manage subcontractors, and plan with
confidence. During the course of a project, program and project managers use controls to monitor time and
cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate
onsite execution with the milestones established during the design, procurement, entitlement, and pre-
construction stages. The benefits of project controls are many. When they are put in place and used
appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer
claims and costly litigation. Our staff has experience will all of the major document control software systems
including Procore, Autodesk ConstructWare (which has now become Construction Cloud), and Primavera
P6. In our experience all major control software programs work basically the same way, and adapting from
one software offering to another has a fairly small learning curve. Because the specific software is generally
a choice made by the prime contractor, our staff is ready to partner with any user of any program. That said,
not all projects require the ‘fire power’ associated with an expensive, sophisticated control system. Sometimes
an intelligently designed filing system that stores basic Word, Excel, PDF, and email documents in the cloud is
all a project really needs.
VALUE ADDED SERVICE:
Because we are a multi-disciplinary service firm and also provide plan check and inspection among many
services to many local agencies, we can also supplement/support Agency plan check and inspection staff,
if needed, for code required plan check and inspection efforts.
CUSTOMER CARE AND RESPONSIVE SERVICE APPROACH:
Our services are founded on the principals of Total Quality Management for Total Customer Care and
Satisfaction.
All telephone calls or e-mails received are returned within the same working day, or the following day.
We take pride in our “Same Day Response” motto.
Transtech also provides a 24-hour emergency contact number to its clients.
Customer Care means highest quality customer service. Transtech is committed to providing “Customer
Care” to the City, City's patrons, including responding quickly and effectively to the walk-in, telephone,
and electronic inquiries of the public related to our services. Responsiveness is an integral part of
Transtech’s “Customer Care” service approach.
Our Contract Principal will meet with the Client’s Project Manager frequently for service evaluation and
address any areas for improvements.
Responsiveness is an integral part of Transtech’s “customer friendly” service approach. While our service
is always on an “as needed” basis, our responsiveness is on “full-time” basis.
Transtech understands the importance of being able to expedite certain projects, when requested, by
the City. Transtech has sufficient staff and resources to expedite projects.
We have a structured approach to execute projects in an efficient manner that makes Transtech capable
of providing the City with the highest quality product. Transtech has established guidelines and policies,
including written manuals on quality control, project management, and design procedures for its staff
and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments
undertaken by our organization in compliance with City’s specific procedures, standards and
requirements.
Transtech is an ISO 9001 certified firm in Quality Management Systems, this certification is based on a
number of quality management principles including a strong customer service focus.
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Proposal Section 2
Methodology
Proposal
Capital Improvement Program (CIP) Programmatic Services
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2.. Methodology 2.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
2. Methodology
1. Clearly state the methodology to be used in completing the Scope of Services
2. Provide QA/QC plan to ensure quality control for the duration of the project
1. Clearly state the methodology to be used in completing the Scope of
Services
CONTRACT ADMINISTRATION APPROACH (CALTRANS LAPM):
Current Version of LAPM is published with updates in January 2023.
For construction contract administration, we
follow guidelines described in Caltrans Local
Assistance Procedures Manual (LAPM).
Maintaining complete and accurate files is a very
important aspect of managing federally funded
projects. Generally, whenever the local agency
is unable to produce requested data or
information, it is assumed by reviewing personnel
that the required actions were either never
performed or not properly recorded. Organized
project files can minimize these negative
assumptions. Organization and content of the
project file is one indicator of effective and
efficient management of the project by the
resident engineer. LAPM has been prepared to
aid California local agencies scope, organize,
design, construct and maintain their public
transportation facilities when they seek Federal
Highway Administration (FHWA) funded federal-
aid or state funding. This manual describes the
processes, procedures, documents,
authorizations, approvals and certifications,
which are required in order to receive federal-aid
and/or state funds for many types of local
transportation projects.
The Local Assistance Procedures Manual (LAPM)
is intended to assist California Local Public
Agencies (LPAs) scope, organize, design,
construct, and maintain local public
transportation facilities utilizing Federal Highway
Administration (FHWA) federal-aid or state
funding. The LAPM describes the required
processes, procedures, documents,
authorizations, approvals, and certifications to
receive federal-aid and/or state funds for many types of local transportation projects.
The LAPM is intended to be used in conjunction with the Local Assistance Program Guidelines (LAPG). The
LAPG describes each of the federal-aid and state-funded Local Assistance programs and the requirements
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2.. Methodology 2.2
Proposal
Capital Improvement Program (CIP) Programmatic Services
for obtaining project funding for these individual programs
Projects utilizing only state funds require less oversight and review than those with federal-aid funds. Not all of
the processes described in the chapters of this manual apply to these projects. LAPM Chapters 1, 2, 3, 4, 5,
10, and 17 apply in whole, or in part, to these projects. The LAPG further defines these programs.
In addition to Chapter 16 of LAPM, several other chapters will be applicable to the tasks that will be
performed by the selected Program Management Consultant on Federally and State Funded projects.
Following is a summary of LAPM Chapters, which maybe applicable to various project phases where
guidelines and requirements included in LAPM Chapters will have to be followed:
o Chapter 2: Roles and Responsibilities defines the roles and responsibilities for the various entities involved in developing
a local assistance project.
o Chapter 3: Project Authorization describes the process to obtain project authorization and fund obligation required
for each phase of a federal-aid project.
o Chapter 4: Agreements describes the agreements needed between the LPA and the State and between the State
and FHWA to obtain reimbursement of funds.
o Chapter 5: Invoicing describes the general accounting procedures necessary to receive reimbursement for work
done in any phase of the project.
o Chapters 6-8: Environmental Procedures, Field Review, and Public Hearings discuss the project initiation and
environmental procedures needed to bring a project to the stage at which the LPA decision-makers commit the
project to final design and implementation.
o Chapter 9: Civil Rights and Disadvantaged Business Enterprises describes the requirements for establishing and
reporting DBE program and project goals. This process may be necessary during the initial project stage, or may not
be required until a later phase.
o Chapter 10: Consultant Selection describes the requirements for selecting and hiring consultants to perform project
activities.
o Chapters 11 & 12: Design Guidance and Plans, Specifications, & Estimate describe the design standards to be used
and the Plans, Specifications and Estimate (PS&E) development necessary to bring the project to the advertising and
construction stage.
o Chapters 13 & 14: Right of Way and Utility Relocations describe the procedures used to acquire right of way or relocate
utilities.
o Chapters 15-17: Advertise and Award Project, Administer Construction Contracts, and Project Completion describe
the procedures from advertising through construction administration, project completion, and completion of the final
reports.
o Chapter 18: Maintenance describes the ongoing maintenance responsibilities and activities needed to assure that
the project remains a functional public asset, and the related inspection and reporting requirements.
o Chapter 19: Reserved for future use.
o Chapter 20: Audits and Corrective Actions describes the expectations, roles, and responsibilities for audits conducted
by the Caltrans Internal Audits Office (CIAO) or the Independent Office of Audits and Investigations (IOAI).
ARPA FUNDS:
The U.S. Department of Treasury used the standard Community Development Block Grant (CDBG) formula
for determining the allocation of funds to metropolitan cities. The U.S. Treasury issued an Interim Final Rule
with guidance on the funding allocation methodology, distribution process, and reporting requirements.
Transtech is also providing assistance to its contract Cities for the administration of these funds.
CIP MANAGEMENT:
Transtech manages Capital Project Program and maintains CIP Matrix and Schedule for various contract
Cities. The CIP Matrix includes a detailed tracking info for each CIP, as well as a high-level project schedule
status in bar chart format for various project phases. The CIP Matrix is updated frequently, and project status
is presented to City Management at management meetings, as well as to City Council when directed by the
City Management.
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PROJECT CONTROL SYSTEMS:
Project controls are essential to keep complex construction projects on budget and on time. They help teams
and stakeholders identify emerging risks early, before they become expensive, time-consuming problems.
With advance warning, these issues can be mitigated or avoided altogether. Project controls also give
leadership the data they need to set realistic expectations, manage subcontractors, and plan with
confidence. During the course of a project, program and project managers use controls to monitor time and
cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate
onsite execution with the milestones established during the design, procurement, entitlement, and pre-
construction stages. The benefits of project controls are many. When they are put in place and used
appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer
claims and costly litigation.
Our staff has experience with various document control software systems including Procore, Autodesk
ConstructWare (which has now become Construction Cloud), and Primavera P6. In our experience all major
control software programs work basically the same way, and adapting from one software offering to another
has a fairly small learning curve. Because the specific software is generally a choice made by the prime
contractor, our staff is ready to partner with any user of any program. That said, not all projects require the
‘fire power’ associated with an expensive, sophisticated control system. Sometimes an intelligently designed
filing system that stores basic Word, Excel, PDF, and email documents in the cloud is all a project really needs.
Transtech has a proven track record for completing projects on time. As part of our role as Project Managers
is to develop, review, update and manage the project schedules and confirm that tasks are scheduled within
reasonable and appropriate timeframes. We constantly review, monitor and update the schedule to confirm
it is in compliance with the original schedule and that related coordination with external/3rd parties/regulatory
agencies/utility companies, etc. are on track. If the look ahead schedule is not in compliance with the
original schedule, we take appropriate actions to avoid potential delays. Our approach to Scheduling and
Timely Completion of Project and Schedule Recovery includes having the contractor prepare a baseline
schedule, which identifies the project scope, critical path, project milestones, target dates, phases and
sequences of work, and activity durations. When significant activities show that they are slipping from the
baseline, we work with the contractor to develop recovery plans.
ISSUES TRACKING SYSTEM:
An issue tracking system provides an easy way to document issues, assign responsible party, and view the
status of how the issue resolution is progressing. Complete documentation of issues is critical to mitigate risks
on current projects and prevent similar issues on future projects. When issue tracking is integrated with the
project management system, all documentation, and communications related to the project become
centralized to provide complete transparency into project status.
Key components of effective issue tracking are:
• Date the issue was identified. This is important to document when the issue was first identified and
how long an issue is open. Issues that have long resolution times could be further investigated by
performing a root cause analysis.
• Description. A thorough description of the issue along with potential impacts to a project should be
noted. Including pictures or video along with pertinent annotations is vital to provide a visual
reference to the issue documentation.
• Issue Priority. When multiple issues need attention setting a priority of Low, Normal, or High will
accurately present the hierarchy of which issues are most critical to impacting project success or need
immediate resolution due to safety issues.
• Responsible Party. By assigning the person(s) responsible for resolving the issue (e.g., in the issue
tracking system) provides accountability. The transparency of an issue tracking system allows for the
responsible parties to be held accountable for completing tasks and keeping the project moving
forward.
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• Due Date. The issue tracking system should provide the ability to set reminders for those tasks to ensure
that due dates do not get missed which could jeopardize project closure dates. Setting reminders of
due dates ensure that no tasks slip through the cracks!
• Status. The visibility of issue status is essential for all project stakeholders to know if any progress is being
made. If there are bottlenecks or further approvals needed, it is important that these items be
documented and a plan of action created to resolve the issue.
Main benefits of an effective issues tracking system are:
• Lesser chance of delays; Enhanced operation visibility; More informed decision-making; Improved
accountability; Prevents misunderstanding; Faster formulation of contingency plans; Improved
accountability. Following is a snap shot of issues tracking documents on a recent project Transtech s
managing.
The project status and issues are discussed at weekly meetings with involved parties. Following is a screen
shot of weekly meeting for the same project.
EXAMPLE OF ISSUES TRACKING DOCUMENT - C BLOCK DESIGN-BUILD PARKING STRUCTURE, CITY OF ONTARIO
SAMPLE SCREEN SHOT OF WEEKLY CONSTRUCTION MEETING ON LINE, PROJECT STATUS DISCUSSIONS AND REPORTING: DOCUMENT ON PROCORE
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2.. Methodology 2.6
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Capital Improvement Program (CIP) Programmatic Services
These weekly meetings also include review of 3-week look-ahead schedule. Following is a screen shot of
weekly meeting for the same project discussing 3-week look-ahead schedule.
SAMPLE SCREEN SHOT OF LOOK AHEAD SCHEDULE UPDATE, WEEKLY CONSTRUCTION MEETING ONLINE: SCHEDULE ON PRIMAVERA
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Proposal
Capital Improvement Program (CIP) Programmatic Services
Project Schedules:
Transtech has a proven track record for completing projects on time. As part of our role as Project Managers
is to develop, review, update and manage the project schedules and confirm that tasks are scheduled within
reasonable and appropriate timeframes. We constantly review, monitor and update the schedule to confirm
it is in compliance with the original schedule and that related coordination with external/3rd parties/regulatory
agencies/utility companies, etc. are on track. If the look ahead schedule is not in compliance with the
original schedule, we take appropriate actions to avoid potential delays. Our approach to Scheduling and
Timely Completion of Project and Schedule Recovery includes having the contractor prepare a baseline
schedule, which identifies the project scope, critical path, project milestones, target dates, phases and
sequences of work, and activity durations. When significant activities show that they are slipping from the
baseline, we work with the contractor to develop recovery plans.
Below are samples of schedules we work with.
SAMPLE PROJECT SCHEDULES, WHICH INCLUDES PROJECT PROGRAMMING/PLANNING, DESIGN, CONSTRUCTION
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2.. Methodology 2.8
Proposal
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SAMPLE OF CONSTRUCTION SCHEDULE-PRIMAVERA FOR A LARGE CONSTRUCTION PROJECT (WASHINGTON BL $38M)
SAMPLE CONSTRUCTION SCHEDULE (SINGLE NTP AND SINGLE MOVE-IN
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2.. Methodology 2.9
Proposal
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SAMPLE CONSTRUCTION SCHEDULE (MULTI NTP AND MULTI MOVE-IN
SAMPLE 3-WEEK LOOK-AHEAD SCHEDULE SAMPLE HOUR BY HOUR SCHEDULE FOR NIGHT-TIME
AND WEEKEND WORK
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2.. Methodology 2.10
Proposal
Capital Improvement Program (CIP) Programmatic Services
Following are sample schedules for DB (Design-Build) Projects:
Sample DB Delivery Schedule / Process
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Capital Improvement Program (CIP) Programmatic Services
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2.. Methodology 2.12
Proposal
Capital Improvement Program (CIP) Programmatic Services
Sample DB Delivery Schedule / Design and Construction
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Proposal
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2.. Methodology 2.14
Proposal
Capital Improvement Program (CIP) Programmatic Services
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2.. Methodology 2.15
Proposal
Capital Improvement Program (CIP) Programmatic Services
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2.. Methodology 2.16
Proposal
Capital Improvement Program (CIP) Programmatic Services
2. Provide QA/QC plan to ensure quality control for the duration of the project
We believe that quality control is the setting of minimum standards and/or quality requirements for the
specific project. Quality assurance is the means by which the quality control measures will be monitored
and/or enforced. We also believe that quality control and quality assurance measures need to be developed
jointly with the client. To effectively establish quality control measures, we must understand the County’s
specific expectations and/or level of desired quality for the specific project. Once the expectations have
been defined, and the quality control measures established, the quality assurance measures can be
established. A significant part of establishing the quality assurance measures includes the timing of the
measure. QC/QA can only be effective when the measures are applied and/or evaluated in a timely
manner.
Depending on a project’s size, complexity and the owner’s requirements, Quality Management may include
various elements:
1. Program Elements
o Policy and Procedures
o Goals and Objectives
o General Quality Management
o Roles and Responsibilities
o Approvals and Reviews
o Document Control
o Process Improvement
o Project-Specific Quality Management Plan
2. Preconstruction (some activities may not apply)
o Review of Plans and Specifications
o Quality standards
Review Requirements
Clarify Any Ambiguity
Samples or Mockups
o Constructability Reviews
o Documenting Existing Conditions
o Material Management
o Subcontractor factors
o Testing
3. Construction Operations
o Zero Defect Program
o Quality Assurance Administration
o Roles and Responsibilities
o Inspection and Testing Plan
o Quality Assurance(QA) Process
4. Closeout
o Closeout Procedures
As Builts
Punch List Work Management
o Systems Turnover Process
Startup
Testing of Systems
Training of Personnel
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Capital Improvement Program (CIP) Programmatic Services
Documentation
O&M Manuals
o Final Acceptance
o Postconstruction, Warranties, Warranty Management
During construction, an effective Quality Assurance Program will ensure the materials and workmanship
incorporated into project conform to the requirements of the contract plans and specifications including
approved changes.
The main elements of a Quality Assurance Program are:
• Acceptance program
• Independent assurance program.
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Proposal Section 3
Key Personnel
Proposal
Capital Improvement Program (CIP) Programmatic Services
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3. Key Personnel 3.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
3. Key Personnel
This section of the proposal shall be formatted as follows:
1. Experience of key personnel
2. Responsibilities to be assigned
3. Amount of each individual’s time to be allocated
4. Subconsultant(s) to be used (if any)
5. Resumes of key personnel
6. Project organization chart
1. Experience of key personnel
Professional Licenses by Board for Professional Engineers, Land Surveyors, and Geologists
Transtech Staff Members possess Professional Engineer Licenses in various engineering categories (i.e. Civil
Traffic, etc.)
ICC Certifications:
Licenses and Certificates of the Firm and Staff Members in Diversified Fields:
Transtech staff members have extensive experience and in-depth knowledge of applicable codes and regulations. Our
staff members are certified by the International Code Council (ICC). We have staff who have reached the highest
possible level of code administration with the Master Code Professional designation certification from the ICC. In addition,
some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some
agencies.
Following are various ICC certifications held by various staff members:
Building Official Certifications:
Certified Master Code Professional
Building Code Official
Building Official
Plan Check Certifications:
Residential Building Plans Examiner
Commercial Building Plans Examiner
California Building Plans Examiner
Certified Sustainability Professional
CalGreen Plans Examiner
Accessibility Plans Examiner
Commercial Energy Conservation Plans Examiner
Residential Plans Examiner
Mechanical Plans Examiner
Plumbing Plans Examiner
Electrical Plans Examiner
State of California Safety Assessment Program:
CalOES SAP Evaluator
Inspection Certifications:
Combination Inspector
Commercial Building Inspector
Residential Building Inspector
Accessibility Inspector
Commercial Energy Conservation Inspector
Electrical Inspector
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3. Key Personnel 3.2
Proposal
Capital Improvement Program (CIP) Programmatic Services
Commercial Electrical Inspector
Residential Electrical Inspector
Residential Energy Conservation Inspector
Residential Building Inspector
Residential Mechanical Inspector
Mechanical Inspector
Commercial Mechanical Inspector
Plumbing Inspector
CalGreen Inspector
Building Inspector CBC
Building Inspector UBC
Plumbing Inspector UPC
California Building Inspector
California Commercial Plumbing Inspector
California Residential Mechanical Inspector
California Residential Mechanical Inspector
Additional Inspection Certifications:
IAPMO Plumbing, Mechanical Inspector
Fire Code Inspector
Fire Inspector II
California UST Inspector
Permit Technician Certification: Permit Technician
CACEO Certified Code Enforcement Officer
California State Fire Marshall Certifications:
Certified EMT1 (AED Certification), Driver Operator 1A, Driver Operator 1B, Driver Operator, Command 1A,
1B, 2A, Firefighter 1, 2, Hazardous Materials First Responder, Instructor 1A, 1B, Investigation, 1A,
Management, 1, Prevention, 1A, 1B, 1C, 1D, 2A, 3A,3B, ICS 100, 200, S-290, S-130, S-190, PC832 with Firearms.
Fire control 3, S-230 S-231 S-215, Fire Safety Officer
FEMA: IS 100, 200, 241, 242, 275, 700, 288, 800, 08-A, 1900
Also, our plan check engineers, who review maps and engineering plans are licensed as professional engineer
by the State of California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG).
In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these
services to some agencies.
Our staff members are involved in many local and national International Code Council (ICC) and California
Building Officials (CALBO) committees, and are involved in the development of local and national guidelines
and codes for Building and Safety:
• Chair; ICC Sustainability Membership Council
• Chair; ICC LA Basin Chapter Inspection Committee
• Commissioner; ICC Codes & Standards Council
• Commissioner; CALBO Green Committee
• Commissioner; ICC/CALBO CA Exam Committee
• Commissioner; CALBO Outreach/Communications
Committee
• ICC Los Angeles Basin Chapter Board of Directors
• ICC Building Officials Membership Governing Council
• ICC Code Development Committee Vice Chair
• ICC Technology/Web Advisory Group
• IAS Accreditation Committee
• ICC LA Chapter Accessibility Committee
• Commissioner; CALBO State Licensing Boards Committee
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3. Key Personnel 3.3
Proposal
Capital Improvement Program (CIP) Programmatic Services
2. Responsibilities to be assigned
As shown in Section ”6. Project Organization Chart” responsibilities to be assigned are structured
in following main responsibility categories:
Main Responsibility
Category Name
Contract
Principal Ahmad Ansari, PE
Principal/Supervising
Program Manager Okan Demirci. PE, QSD, QSP
SR. LEVEL
PROGRAM
MANAGEMENT AND
TECHNICAL SUPPORT
STAFF
Azita Fakoorbayat, PE
Sr. Engineer/Project Manager
John Oskoui, PE
Sr. Engineer/Project Manager
Michael Ackerman, PE, QSD, QSP, QISP
Sr. Engineer/Project Manager
Ziad Y. Mazboudi, PE, QSD, QSP, CPSWQ
Sr. Engineer/Project Manager
Carlos A. Pineda, PE, QSD, QSP, LEED
Sr. Engineer/Project Manager
Mohammad Mostahkami, PE
Sr. Engineer/Project Manager
David Ragland, PE, PLS, QSD, QSP
Sr. Engineer
Technical Review Support for Engineering Projects
Norman Caesar M. Baculinao, PE, TE
Sr. Engineer
Technical Review Support for Traffic Signal Systems Projects
Bahman Janka, TE
Sr. Traffic Engineer
Technical Review Support for Traffic and Transportation Eng/Planning Projects
Jeffrey Kao, PE, CBO, CASp
Sr. Engineer
Technical Review Support for ADA Projects/Compliance
Dennis Tarango, CBO, CSP
ICC Building Official
Technical Review Support for Vertical Projects
Michael Roberts, CBO, MCP
ICC Building Official
Technical Review Support for Vertical Projects
LOWER TEAR
PROGRAM
MANAGEMENT AND
TECHNICAL SUPPORT
STAFF
Ivan Daza, EIT
Associate Engineer
Project Management/RE/Office Engineering Support
Brian Cervantes
Associate Engineer
Project Management/RE/Office Engineering Support
Leonardo Martinez
Associate Engineer
Project Management/RE/Office Engineering Support
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3. Key Personnel 3.4
Proposal
Capital Improvement Program (CIP) Programmatic Services
Anthony Bendezu
Associate Engineer
Project Management/RE/Office Engineering Support
Furkan. Cetinkale
Associate Engineer
Project Management/RE/Office Engineering Support
Craig M. Wheeler
Sr. Construction Manager/Inspector
Field Review Support
Jeffrey Hirsh
Sr. Construction Manager/Inspector
Field Review Support
Robert Garcia
Sr. Inspector
Field Review Support
James Pagani, DSA Certified Accessibility Specialist, CHST
Sr. Inspector
Field Review Support
QC/QA
OVERSIGHT STAFF
Ali Cayir, PE
Principal
Principal, PM/QC/QA Support
Mohammad Pasebani, PE
Sr. Engineer
LAPM Compliance PM/QC/QA Oversight
Ali F. Zaghari, PE, PMP
Sr. Engineer
Caltrans Involved Projects Coordination PM/QC/QA Support/Oversight
Craig Melicher, PE
Vice President
PM/QC/QA Support
Please see ”5. Resumes of key personnel” for qualifications of above staff.
Transtech has a qualified team with large pool of well experienced in-house staff readily available with diversified and
extensive expertise, and will be able to respond to service requests and mobilize our resources quickly. As
demonstrated in our proposal, our team has a high level of experience and capability to provide the services with
proactive leadership and good planning and management practices. Our staff and resources include approximately
200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan
and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building
inspectors, planners and support personnel.
3. Amount of each individual’s time to be allocated
The RFP states:
Budget/Fee- Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an
average of 40 hours per week of program management services throughout the term of the agreement.
However, the City reserves the right to reduce allocated hours as need due to the City’s needs.
As required in the RFP, we provided an estimated time and budget allocation in Proposal
Section 6. Budget / Fee.
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3. Key Personnel 3.5
Proposal
Capital Improvement Program (CIP) Programmatic Services
4. Subconsultant(s) to be used (if any)
Transtech has in-house staff to provide Program Management Services.
In addition, our team includes specialty subconsultants to complement our team and services, and provide
technical specialty support if/when needed:
• Funding / Labor Compliance Support: AVANT GARDE, Inc. (DBE/WBE Firm); www.agi.com.co:Established 15 years
ago, Avant-Garde is a progressive full-service public agency firm. The firm is working with various programs and
projects throughout the entirety of Southern California, including counties of Los Angeles, Riverside, Orange, and
San Bernardino. Transtech works with Avant-Garde exclusively in many Cities for the administration of Fed Funds
and Labor Compliance. Transtech has worked with this subconsultant before.
• Geotechnical Reports Review Support: GEO-ADVANTEC, Inc. www.geoadvantec.com : Geo-Advantec offers
comprehensive services in various areas from site feasibility evaluation thought project completion for a wide
range of projects and services, which include: Geotechnical Eng.; Eng. Geology; Geotechnical Earthquake Eng.;
Geotechnical Instrumentation; Pavement Eng.; Forensic Geotechnical Eng.; Grading Monitoring and Field
Testing; Soils & Materials Laboratory Testing; Special Inspection Services. Geo-Advantec owns a certified
laboratory accredited by AMRL (ASSHTO Materials Reference Laboratory), in conformity to the requirements of
the AASHTO Accreditation Program (AAP), AASHTO R-18, ASTM D3740 and ASTM E329; CCRL (Cement and
Concrete Reference Laboratory); Caltrans; DSA (the Department of the State Architects); Army Corp of
Engineers. Transtech has worked with this subconsultant before.
• Landscape Architecture Review Support: LOSTWEST LANDSCAPE, Inc. www.lostwest.com : For over 30 years, Lost
West has provided landscape architecture and construction services to a multitude of clients, including public
agencies, developers, and institutions. Transtech has worked with this subconsultant before.
• Environmental Review Support: IMPACT SCIENCES, Inc. (DBE/WBE Firm); www.impactsciences.com
Impact Sciences, a California “S” corporation, certified woman-owned business enterprise (WBE), certified Small
Business Enterprise (SBE), and certified Disadvantaged Business Enterprise (DBE), has been preparing
environmental documentation since 1988. Founded in Thousand Oaks, California, Impact Sciences has offices
strategically located throughout California to provide the strongest support for all public- and private-sector
clients. Transtech has worked with this subconsultant before. Transtech has worked with this subconsultant before.
• Haz-Mat Reports Review Support: PROPERTY HEALTH, Inc.; www.mypropertyhealth.com
Property Health, Inc. (formerly CITY Services, Inc.) has long been a leader in its field, recognized throughout
California for its excellent client service, reliability, and effectiveness in the following areas:
o Toxic Materials Identification Surveys
o Asbestos Consulting Services
o Lead-based paint (LBP) identification and consulting
o Indoor air quality (IAQ) consulting services / Microbial Investigations
o Hazardous Material Abatement management
o Regulatory Compliance Audits & Abatement Oversight
o Phase I & II Environmental Site Assessments & Investigations
o Underground Storage Tank identification, remediation, & regulatory compliance
Transtech has worked with this subconsultant before.
5. Resumes of key personnel
AHMAD ANSARI, PE, Contract Principal
Education
• BS in Engineering, MBA
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Ansari has over 30 years of past experience in City and County Public Works and has worked at
several municipalities in Southern California, including:
• City of Moreno Valley- Public Works Director/City Engineer
• City of Rialto- Public Works Director/City Engineer
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3. Key Personnel 3.6
Proposal
Capital Improvement Program (CIP) Programmatic Services
• City of Perris- Public Works Director
• City of Pomona- Deputy Public Works Director/Assistant City Engineer.
He has managed CIP Programs and Public Works Operations, and served as the responsible in charge
of numerous multi-disciplinary teams, including:
• Capital Improvement Program project management and delivery
• Real Property/Right of Way acquisition and management
• Traffic and Transportation engineering
• Private Development/Entitlement process review and approval
• Maintenance and Operations including roads, storm drains, sewers, parks, facilities, traffic signals,
signs/striping, fleet
• Special Districts, Landscape/Lighting Assessment
• Electric Utility
OKAN DEMIRCI, PE, QSD, QSP, MBA, Principal/Supervising Program Manager
Education
• BS in Engineering
Registrations/Certifications
• Registered Civil Engineer
• Caltrans Resident Engineer Academy
Highlights
Mr. Demirci has approximately 12 years of experience. Mr. Demirci serves as Assistant Public Works
Director, City Engineer, CIP Program Manager at Transtech’s Contract Cities and provides technical and
management support. Mr. Demirci completed Caltrans Resident Engineer Academy, very familiar with
the management and administration of federally and state funded projects in compliance with Caltrans
Local Assistance Procedures Manual (LAPM). Mr. Demirci works as CIP Program Manager at various
Transtech’s Contract Cities, and manages various capital improvement programs including state and
federal funded programs.
Mr. Demirci’s experience also includes working as Resident Engineer, Project Manager and Construction
Manager on various projects (including federal and state funded projects). He has a broad knowledge
of municipal government operations, including preparation and presentation of staff reports/resolutions
to city councils, committees and interaction with public, various city departments, city council and other
governmental agencies. Examples of his project experience includes:
• City of Chino, CIP Program Manager
• City of South El Monte, CIP Program Manager
• City of Monterey Park, CIP Program Manager
• City of Commerce, CIP Program Manager
• City of Temple City, CIP Program Manager
• City of Cudahy, CIP Program Manager
MOHAMMAD PASEBANI, PE, Sr. Engineer, LAPM Compliance PM/QC/QA Oversight
Education
• MS, in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Pasebani has over 35 years of experience. Before retiring approximately 3 years ago, his career path
included a number of positions in Caltrans, with last position being Senior Transportation Engineer ,
responsible for oversight of Federally Funded projects in Varying number of agencies in the counties of
Los Angeles, Ventura and San Bernardino. He also provided instruction at various Resident Engineer
Academies and Seminars/Workshops designed for Local agencies.
• 2013-2020 Cal Trans HeadQuarters
o Senior Construction Oversight Engineer on Federally Funded projects in Los Angeles, Ventura and
San Bernardino Counties
o On interim Basis, acted as the office chief for the office of Project Development and Quality
Assurance in 2016
o Conducted construction administration Reviews of over 300 Projects, Conducted agency specific
training workshops instructor at the Local Agency Resident Engineer Academy.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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3. Key Personnel 3.7
Proposal
Capital Improvement Program (CIP) Programmatic Services
• 2012, Dist 07, Los Angeles and Ventura Counties
o Senior Construction Claims Manager for District 07 ( Los Angeles and Ventura Counties)
• 2010-2012, Cal Trans Headquarter
o Senior Construction Oversight Engineer
o In collaboration with the Federal Highway Administration, provided Construction Oversight,
Reviews and training for the projects funded by the American Recovery Act.
• 2000-2010, Dist 07, Los Angeles and Ventura Counties
o Senior Area Construction Engineer for Interstate 5 ( Magic Mountain to the County line), Hwy 126
(LA County Segment), Hwy 14 ( LA to San Bernardino County line), Lancaster, Valencia, Palmdale.
o Senior engineer on over 50 major projects, the most high profile being post flood and landslide
Restoration of Interstate 5 at The Templin Hwy.
• 1995-2000, Dist 07, Los Angeles and Ventura Counties
o Resident Engineer in various projects , expanding from South Central Los Angeles to the South Bay
area, including completion of Double Decker HOV projects at 110 and Various Metro Transit
Stations.
• 1994, Dist 07, Los Angeles and Ventura Counties
o Principal assistant resident engineer in Post-Earthquake Restoration of freeway 10 , at Fairfax and
La Cienega segments.
o Principal assistant resident engineer in completion phase and opening of freeway 105, El Segundo
to Crenshaw segment.
• 1998-1994,Dist 07, Los Angeles and Ventura Counties
o Assistant resident engineer in various freeway 105 projects.
• 1984-1988, Dist 07, Los Angeles and Ventura Counties
o Engineer in training, Material's Engineer, and Soil's Technician
ALI F. ZAGHARI, PE, PMP, Sr. Engineer, Caltrans Involved Projects Coordination PM/QC/QA Support/Oversight
Education
• MS, BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Zaghari has over 35 years of experience in Transportation Management & Operations at various
capacities in the California Department of Transportation (Caltrans).
His career path includes a number of key managerial positions in Caltrans leading to his last position as
the Deputy District Director (DDD) for Traffic Operations at Caltrans District 7 in Los Angeles. As a member
of District 7 Executive Team, Mr. Zaghari was responsible for policy, development and implementation of
the traffic operations assets and the safe mobility of all users of the State Highway System (SHS) consisting
of approximately 1500 center miles of freeways and conventional highways in Los Angeles and Ventura
counties. He managed an operating budget of approximately $70M encompassing both operations
management and capital outlay support needs. The organization under his leadership included critical
functions such as Intelligent Transportation Systems (ITS), Traffic Design, District Traffic Manager (DTM),
Corridor Management, System Performance, and Encroachment Permits.
AZITA FAKOORBAYAT, PE, Sr. Engineer/Project Manager
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Ms. Fakoorbayat has over 25 years of experience. She has a broad knowledge of municipal government
operations, including preparation and presentation of staff reports/resolutions to city councils,
committees and interaction with public, various city departments, city council and other governmental
agencies.
Ms. Fakoorbayat’s experience includes working at public agencies, as well as in private consulting.
Recent Experience with Transtech’s contract Cities:
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Packet Page. 1067
3. Key Personnel 3.8
Proposal
Capital Improvement Program (CIP) Programmatic Services
Contract CIP Project Manager, City of Chino: As contract CIP Project Manager, coordinate various CIP
projects throughout project design phase, including concrete, asphalt, storm drain, sewer, water,
grading, traffic signal, accessibility. Conduct design review, PS&E review, constructability and biddability
review, and manage design phase of various CIP projects, and manage and coordinate various CIP
projects with various design engineers to ensure project design phases are completed within time and
budget, and proceed with construction.
Public Agency Experience:
• Principal Engineer, City of Costa Mesa, CA
• As Principal Engineer, perform a broad range of highly complex and professional
• Civil Engineer I, Pierce County Public Works Utilities and Transportation
• Services, Design Section, Tacoma, WA
• Assistant City Engineer, City of Sumner, Sumner, WA
Private Consulting Experience:
• Senior Project Manager, Afb Group, Laguna Niguel, Ca
• Senior Project Manager, Berryman & Henigar, Santa Ana, Ca
• Project Manager, CNC Engineering, Newport Beach, Ca
• Senior Design Engineer/ Project Manager, Harding Lawson Associates Group Inc., Bellevue, Wa
JOHN OSKOUI, PE, Sr. Engineer/Project Manager
Education
• MS, Structural Engineering, Cal-State Fullerton
• BS Civil Engineering, University of North Carolina
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Oskoui, has over 35 years of past experience in City and County Public Works and has worked at
several public agencies in Southern California:
• City of Downey – Assistant City Manager and Public Works Director
• Anaheim Union HS District – Director of Planning, Design and Construction
• Advanced Applied Engineering – Vice President of City Services
• Long Beach Unified School District – Director of Maintenance and Work Control
• City of Lynwood – Engineer/Assistant PW Dir/Director of Facilities
At Transtech. Mr. Oskoui serves as one of the Sr. Staff members in Transtech’s Municipal Services Team
and manages various Capital Improvements Projects.
Mr. Oskoui has a broad knowledge of local government operations, including implementation of broad
policy goals and strategic programs, and development and implementation of innovative and efficient
service delivery models, He has successfully administered and managed complex construction
programs including utilization of alternative project delivery methods. Mr. Oskoui is well versed in public
outreach and interaction with citizenry groups, committees and stakeholders. Mr. Oskoui has excellent
working relationship and rapport with regional and sub-regional governmental/regulatory agencies.
Mr. Oskoui’s experience includes working at public agencies, as well as in private consulting.
• Assistant City Manager, City of Downey, CA, December 2011- September 2022
• Director of Public Works. City of Downey, CA. July 2010- February 2015
• Director of Planning, Des, Constr. Anaheim Union High School District, CA, July 2007- July 2010
• Vice President of City Services, Advanced Applied Engineering, Brea, CA, July 2004- July 2007
• Director of Maintenance, Long Beach Unified School District, Long Beach, CA, July 1997- July 2004
• Engineer/Assistant PW Dir/Director of Facilities, City of Lynwood, CA, August 1985- July 1997
MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer/Project Manager
Education
• BS in Engineering
Registrations/Certifications
• RE Academy, Caltrans
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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3. Key Personnel 3.9
Proposal
Capital Improvement Program (CIP) Programmatic Services
• Water Pollution Control Compliance on Construction Sites for RE, Caltrans
• Construction Program Management Workshop, FHWA
• Field Office Procedures Course, Caltrans
• California Work Zone Inspection – High Speed, Caltrans
• Asphalt Concrete Inspection and Rehabilitation Strategies, Caltrans
Highlights
Mr. Ackerman has over 20 years of experience. At Transtech, he has been working as a Sr. Engineer at
various Transtech City Engineering Contracts. He has served at various Cities under Transtech’s City
Engineering Contracts, including Temple City, Huntington Park, and Alhambra. He has a broad
knowledge of municipal government operations, including preparation and presentation of staff
reports/resolutions to city councils, committees and interaction with public, various city departments, city
council and other governmental agencies.
Mr. Ackerman’s experience also includes working at Caltrans and other agencies:
o Caltrans District 8: Mr. Ackerman was a civil transportation engineer for Caltrans District 8 where he
was involved in the design and construction of various projects.
• City of San Bernardino: Mr. Ackerman was involved in various projects, including Development Review
and Plan Check, Design and Project Management.
• City of Huntington Park: Mr. Ackerman worked as contract City Engineer under Transtech’s municipal
services contract and later as City Engineer and Interim Director of Public Works under the City.
ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, Sr. Engineer/Project Manager
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer, QSD, QSP, CPSWQ, CPESC, LEED AP
Highlights
Mr. Mazboudi has 34 years of progressively responsible, diversified experience in public works,
engineering, utilities, development engineering, facilities maintenance, sustainability, environmental
programs and project management in both the public and private sector, supported by a strong
educational background in civil engineering, geographic information systems, water quality/urban
runoff, and environmental programs. His experience includes:
• City of San Clemente - PW Department, Deputy Director/Engineering
• City of San Juan Capistrano - PW/Utilities Department, Senior Civil Engineer
• City of Westminster - PW Department, Associate Civil Engineer/Development Engineer
• City of La Habra - PW Department, Assistant Civil Engineer.
Special International Projects:
• US Green Building Council (www.usgbc.org), Egyptian Green Building Council (EGBC)
Represented the US Green Building Council, to assist in the formation of the EGBC. Provided lectures
on the role of government in Green Building and on the US Green Building Program, LEED.
• USAID International Development Agency (www.usaid.gov), In partnership with USAID and ICMA
Kingdom of Jordan Commercial/Industrial Environmental Audit In partnership with USAID and ICMA,
developed a training manual for the audit of commercial and industrial facilities in Jordan.
CARLOS A. PINEDA, PE, QSD, QSP, LEED, Sr. Engineer/Project Manager
Education
• BS in Civil Engineering,
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Pineda has over 30 years of experience in civil engineering and project management. He has
extensive experience working for both private and public sectors. He has participated on numerous
multi-disciplinary teams dealing with the planning and development of civil and traffic engineering,
urban and rural development, and public works projects. He has served as Principal Project Manager
for a variety of projects.
Public works design experience covers a wide variety of projects, including the improvement of major
arterials, secondary highways and collectors, flood control and drainage projects, water and
wastewater projects, ADA retrofit, and safe routes to school projects. He has a good understanding and
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3. Key Personnel 3.10
Proposal
Capital Improvement Program (CIP) Programmatic Services
knowledge of municipal government operations, including preparation and presentation of staff
reports/resolutions to city councils, committees and interaction with public, various city departments, city
council and other governmental agencies.
Private sector design experience covers a wide range of projects including residential master planned
communities and “in tract” residential improvements. In-tract residential improvements included the
design and construction of domestic and reclaimed water infrastructure to serve the new developments.
MOHAMMAD MOSTAHKAMI, PE, Sr. Engineer/Project Manager
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Mostahkami has over 35 years of experience. His experience includes working for various Public
Agencies as Public Works Director, City Engineer, Project Engineer, Plan Checker, Designer, including for
the Cities of:
• Downey, PW Director
• South Gate, PW Director, City Engineer,
• Arcadia, Civil Engineer.
DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer, Technical Review Support for Engineering Projects
Education
• Humboldt State University, CA, Bachelor of Science
Registrations/Certifications
• Registered Civil Engineer
• Licensed Land Surveyor
Highlights
Mr. Ragland is a civil engineer and land surveyor has over 30 years of diverse experience in a wide variety
of projects in civil engineering. He has managed numerous multi-disciplinary teams dealing with the
planning, engineering, entitlement, environmental permitting, development and construction of urban
and rural development, and public works projects. His experience also includes special emphasis on
complex grading and hillside developments (has worked on the civil engineering and development of
more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility
analysis, through conceptual planning and design to entitlement and construction.
NORMAN CAESAR M. BACULINAO, PE, TE, Sr. Engineer, Technical Review Support for Traffic Signal Systems Projects
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil and Traffic Engineer
Highlights
Mr. Baculinao has 30 years of experience in Traffic Engineering. He has strong Traffic Signal System
Operation experience, including Traffic Management Centers or TMC. He is technology oriented and
has extensive working knowledge of new (Intelligent Transportation System) ITS standards, the System
Engineering Process; Traffic Signal System Integration, Video Detection, CCTV systems, twisted pair
communication system, fiber optic cables, Ethernet, Light Emitting Diode (LED) signals, Red Light Camera
Systems, etc.
His experience includes:
• County of Ventura, California: Traffic Engineering Manager
• City of Pasadena, California: Traffic Engineering Manager
• City of Santa Clarita, California: Associate Traffic Engineer
• City of Stockton, California: Assistant Traffic Engineer
• City of Roseville, California: Assistant Traffic Engineer
BAHMAN JANKA, TE, Sr. Traffic Engineer, Technical Review Support for Traffic and Transportation Eng/Planning Projects
Education
• MS, BS in Civil Engineering
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Packet Page. 1070
3. Key Personnel 3.11
Proposal
Capital Improvement Program (CIP) Programmatic Services
Registrations/Certifications
• Registered Traffic Engineer
Highlights
Mr. Janka has over 35 years of experience in Traffic Engineering and Transportation Planning.
He has served as City Traffic Engineer and Transportation Director for public agencies, including:
• City of Pasadena, California: Transportation Administrator
• City of Santa Clarita, California: City Traffic Engineer
• City of Fremont, California: Associate Transportation Engineer
• City of Palo Alto, California: Associate Transportation Engineer
• Entranco Engineers, Bellevue, Washington: Transportation Engineer.
JEFFREY KAO, PE, CBO, CASp, Sr. Engineer, Technical Review Support for ADA Projects/Compliance
Education
• MS, BS Civil Engineering, Cal Poly
Registrations/Certifications
• Registered Civil Engineer; CASp
• ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen Plans
Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector
Highlights
Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official,
Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan checks for a variety
of residential and commercial projects in Cities of Alhambra, South Pasadena, and Temple City. Mr. Kao
has broad knowledge of building and safety operations, including working in the capacity of Deputy
Building Official and Plans Examiner. His past experience includes working as a structural engineer for 4
years at a structural design firm.
DENNIS TARANGO, CBO, CSP, ICC Building Official, Technical Review Support for Vertical Projects
Education
• Cal Poly, Engineering
• Fresno State BA
• Rio Hondo College
Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Commercial Building Inspector, Building Inspector UBC,
Fire Plans Examiner
Highlights
• ICC Sustainability Membership Council Governing Committee
Mr. Tarango has over 20 years of experience in the building and safety. He is experienced in managing
building and safety departments of different municipalities. Currently he is serving as Building Official for
Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for the Building and Safety Division as
well as business development, client relations, and management oversight. With his analytical and
strategic management skills, he provides strong leadership and develops staff to enhance the
Departments abilities. Prior to working for Transtech, Mr. Tarango served as Deputy Building Official, Plans
Examiner, and Senior Building Inspector for various local cities including the City of Diamond Bar, City of
Yorba Linda, and City of Hemet.
MICHAEL ROBERTS, CBO, MCP, ICC Building Official, Technical Review Support for Vertical Projects
Education
• Associate of Applied Science, Building Inspection Technology – Chemeketa Community College,
Salem Oregon
• Fire Code Administration, National Fire Academy – Emmitsburg, Maryland
Registrations/Certifications
• ICC Certified Master Code Professional, Building Code Official, Building Official, Plumbing Inspector,
Combination Inspector, Commercial Building Inspector, Accessibility Plans Examiner / Inspector,
Commercial Energy Conservation Plans Examiner, Commercial Energy Conservation Inspector,
Electrical Inspector, Commercial Electrical Inspector, Residential Electrical Inspector, Residential
Energy Conservation Inspector, Residential Building Inspector, Residential Mechanical Inspector,
Residential Plans Examiner, Mechanical Inspector, Commercial Mechanical Inspector, Fire Code
Inspector, Fire Inspector II
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3. Key Personnel 3.12
Proposal
Capital Improvement Program (CIP) Programmatic Services
• ICBO Certified Structural Inspector, Plumbing Inspector, Mechanical Inspector, Building Plans Examiner,
Fire Code Official
Highlights
Mr. Roberts has over 30 years of experience in municipalities, including governmental development
administration. He has reached the highest possible level of code administration with the Master Code
Professional designation certification from the International Code Council and has proven superior
leadership abilities. He has served as Building Official, Community Development Director, Senior Plans
Examiner, Plans/Residential Examiner, and Inspector for various municipalities and served as Principal
Consultant. Serving as a Building Official for many years, Mr. Roberts provided the necessary code
interpretations, and coordinated with agency staff and departments, and applicants on building and
safety related issues. He has vast knowledge of municipal government operations, including preparation
and presentation of staff reports and resolutions to city councils, committees, and related interaction
with members of the public, other city departments, and other governmental agencies.
IVAN DAZA, EIT, Associate Engineer, Project Management/RE/Office Engineering Support
Education
• B.S Civil Engineering, Cal State Long Beach
Registrations/Certifications
• Cal OSHA 10-hour
Highlights
Mr. Daza has approx. 3 years of experience and provides office engineering support to various Cities
under Transtech’s Municipal Services Contracts in support of managing Capital Improvements Projects.
His experience includes CIP management support, coordination with City Departments, Utility
Companies, Caltrans, other Regulatory Agencies, Developers, Consultants, Contractors, and overall
management and coordination support for a variety of projects from design through plan review and
approvals and construction. He also serves as Office Engineer on construction projects and assists
Resident Engineers and Construction Managers with contract administration, document control,
contract compliance. Mr. Daza also worked as a construction estimator for a construction company.
Part of his responsibilities included reviewing bid documents, plans and specifications, preparing plan
take-off quantities, and preparing bid estimates.
BRIAN CERVANTES, Associate Engineer, Project Management/RE/Office Engineering Support
Education
• B.S Civil Engineering, Cal Poly Pomona
Highlights
Mr. Cervantes has approximately 1 year of experience in Public Works Engineering, and Transportation
and Traffic Engineering. He works in the Public Works Department/City Engineering at Transtech’s client
Cities assisting City Engineers and Public Works Directors. He also serves as Office Engineer on
construction projects and assists Resident Engineers and Construction Managers with contract
administration, document control, contract compliance. He also assists at the public works permit
counter and in permit issuance.
LEONARDO MARTINEZ, Associate Engineer, Project Management/RE/Office Engineering Support
Education
• B.S Civil Engineering, Cal Poly Pomona
• Associate of Science in Engineering, Cerritos College
Highlights
Mr. Martinez has approximately 3 years of experience He works at various Cities under Transtech’s
Municipal Services Contracts in support of Transtech’s City Engineers, Project Managers and Construction
Managers. His experience includes CIP management support, Inspection support, coordination with City
Departments, Utility Companies, Caltrans, other Regulatory Agencies, Developers, Consultants,
Contractors, and overall management and coordination support for a variety projects from design thru
plan review and approvals and construction.
ANTHONY BENDEZU, Associate Engineer, Project Management/RE/Office Engineering Support
Education
• B.S Civil Engineering, Cal Poly Pomona
Highlights
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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3. Key Personnel 3.13
Proposal
Capital Improvement Program (CIP) Programmatic Services
Mr. Bendezu has approximately 5 years of experience. As an Associate Engineer, he works at various
Cities under Transtech’s Municipal Services Contracts in support of Transtech’s City Engineers, Project
Managers and Construction Managers. His experience includes CIP management support, coordination
with City Departments, Utility Companies, Caltrans, other Regulatory Agencies, Developers, Consultants,
Contractors, and overall management and coordination support for a variety projects from design thru
plan review and approvals and construction. Mr. Bendezu completed Caltrans Resident Engineer
Academy, very familiar with the management and administration of federally and state funded projects
in compliance with Caltrans Local Assistance Procedures Manual (LAPM).
FURKAN. CETINKALE, Associate Engineer, Project Management/RE/Office Engineering Support
Education
• BS, Cal Poly Pomona, Industrial Engineering
• MS, Cal Poly Pomona, Engineering Management
Highlights
Mr. Cetinkale has approximately 7 years of experience in the construction. He has extensive experience
in all phases of projects, including planning/development, entitlement and permitting bidding,
construction, close-out, full-life cycle, project workflow, operations/systems development, scheduling,
cost and budget control, contract negotiations, change order management, bid preparation, safety.
He has worked in the capacity of Construction Manager, Project Manager, Owner Representative,
Office Engineer for consulting firms. In these capacities, he has been involved in a wide variety of private
healthcare projects in OSHPD 1 & 3 categories. The projects include, but not limited to, construction of
new buildings, seismic upgrades, medical equipment replacement, medical office build-outs, TI
improvements , site development, etc. The type of buildings include hospitals, outpatient clinics, digital
imaging centers various other projects. He has managed a variety of healthcare projects, ranging from
$50K to over $85 million in budget, which involved coordination, processing and approvals by Planning,
Engineering and Building Departments of Local Agencies/Municipalities; California Department of Public
Health (CDPH); California Office of Statewide Health Planning and Development (OSHPD) [OSHPD
became the Department of Health Care Access and Information (HCAI); Occupational Safety and
Health Administration (OSHA).
CRAIG M. WHEELER, Sr. Construction Manager/Inspector, Field Review Support
Education
• BA
Registrations/Certifications
• NASSCO-Certified Inspector (Pipeline, Lateral and Manhole Assessments)
• Licensed A General Eng. Contractor
Highlights
Mr. Wheeler has more than 30 years of experience in engineering and construction in both the public
and private sectors. He has provided project management and inspection services on a wide variety of
public works projects. His experience includes pavement rehab, ADA, sidewalk, curb&gutter, grading,
wet and dry utilities, roadway reconstruction and resurfacing, bridge construction and rehabilitation,
water and sewer lines, RCP or RCB storm drains, pump stations, booster pump stations, street lights, traffic
signals-new and upgrade/modifications, parks, parking lots, structures and other related types of
projects. As a project manager and construction inspector, Mr. Wheeler’s responsibilities include site
observation and construction quality assurance and control, ensuring general site safety, preparing daily
reports, photo documentation, monitoring SWPPP and BMP implementation, providing daily updates to
the City project manager, providing recommendations and responses for contractor RFIs, assisting with
submittal and shop drawing reviews, tracking quantities, and conducting progress payment reviews. He
has inspected projects that are funded with State and Federal Funds and is familiar Caltrans LAPM for
Contract Administration.
Following are examples of projects where Mr. Wheeler served as the Project Inspector and provided on-
site CM Support:
• 2019 Residential and Arterial Pavement Improvement, I-159/I-139; City of Torrance
• Public Works Inspection (Staff Augmentation); City of Newport Beach
• Alicia Parkway Rehabilitation; City of Aliso Viejo
• FY 2017-18 Street Rehabilitation; City of La Habra Heights
• Beltway Operational Improvements; Caltrans | Bakersfield
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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3. Key Personnel 3.14
Proposal
Capital Improvement Program (CIP) Programmatic Services
• University Drive Widening (Campus to MacArthur); City of Irvine
• The Tracks at Brea – Segment No. 4; City of Brea
• CDBG Asphalt Repairs and Asphalt Overlays FY 2017; City of Mission Viejo
• Annual Pavement Preservation Program FY 2018-19 and 2015-16; City of Yorba Linda
• FY 2015-2016 Annual Citywide Sidewalk Repairs; City of Santa Monica
• Manhattan Beach Water Line and Street Improvements; City of Manhattan Beach
• Harbor Boulevard Median and LS Improvements; City of Costa Mesa
• Citywide Sewer Repairs; City of West Hollywood
• Emergency Storm Drain Repair; City of Torrance
• Concrete Repair Program, Phase VI (CDBG); City of West Hollywood
• Bedford Canyon Road Realignment; City of Corona
• Ontario Avenue Median Improvements; City of Corona
• SR-60/Market Street Improvements; City of Riverside
• Rimpau Park; City of Corona
• LAX Terminal Fuel Access Transmission Line Installation and Taxiway Paving Improvements
JEFFREY HIRSH, Sr. Construction Manager/Inspector, Field Review Support
Education
• SDSU, College Level Classes
Registrations/Certifications
• Cal OSHA 10 hour construction certified
• Construction Site Storm Water Training
Highlights
Jeffrey Hirsh has approximately 25 years of experience in general engineering/public works and building
construction projects. He has worked in the capacity of foreman, site superintendent and project
manager. In these capacities, he has been involved in a wide variety of private and public works
construction projects in Type A (General Engineering) and Type B (Building) construction. He has
knowledge of standards and procedures for public agencies, including the Green Book, Caltrans, and
has extensive experience in traffic control, safety and OSHA compliance requirements. Mr. Hirsh also has
experience in inspecting federally funded projects to ensure compliance with the Caltrans LAPM.
Following are examples of projects where Mr. Wheeler served as the Project Inspector and provided on-
site CM Support:
• Washington Boulevard Widening and Reconstruction Project (Federally Funded), City of Commerce
• Temple City HSIP Project, Traffic Signal Imp and Pavement Rehab (Federally Funded), City of Temple
City
• City-Wide Annual Street Rehab Project, City of Commerce
• La Ballona Safe Routes to School (Federally Funded), City of Culver City
• Uptown Parking Structure, City of Whittier
• Garvey Park Facility Improvements
• Lugo Park Artificial Turf Soccer-Field and Park Project in the City of Cudahy
• Metrolink Station Improvements, City of Commerce
Jeffrey’s prior experience includes:
2013-2014, PSBI Parking Structure Construction
• Sr. Superintendent Construction of a 6-level parking structure for the City of Alhambra.
1995-2013, Harwood Homes, Inc.
• Vice President - Construction/Forward Planning Managed 35 Development Projects - SFR/Multi-
Unit/Commercial
• Raw land development through onsite construction, including final and post occupancy. Supervised
all aspects of planning, development and construction processes.
• Responsible for construction of 2000+ single family homes.
• Responsible for construction of 850+ attached units.
• Successfully developed and completed multiple commercial project sites including strip centers and
a large, automated car wash facility.
• Supervised 20+ Construction Superintendents.
• Compliance Management for all codes, conditions and ordinances.
1992-1995, Overland Company
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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3. Key Personnel 3.15
Proposal
Capital Improvement Program (CIP) Programmatic Services
• Site Superintendent – SFR Tract Home Development
1985-1992, Cambridge Development
• Site Superintendent/Assistant Superintendent
ROBERT GARCIA, Sr. Inspector, Field Review Support
Education
• California State University, Los Angeles, Continuing Education/Public Works Construction Inspection
Course
• California State University, Sacramento, Water Program/Operation and Maintenance of Wastewater
Collection Systems
Highlights
Mr. Garcia has approximately 30 years of experience, of which 20 years has been working as the City
Public Works Inspector for the City of Palmdale. His experience includes inspecting of all types of public
works construction project: roadway construction, pavement rehabilitation, signals, grading, storm
drains, sewer mains, concrete structures, sidewalks, and gutters. He also worked on county, state and
federal funded projects. Mr. Garcia provided public works inspection services to the following Transtech
client Cities: City of Hesperia, Public Works Inspector; City of Commerce, Public Works Inspector.
JAMES PAGANI, DSA Certified Accessibility Specialist, CHST, Sr. Inspector, Field Review Support
Education
• BA, Goucher College
Registrations/Certifications
• BCSP Constr. Health and Safety Technician
• CPR/First Aid/AED Certified
• CalOES SAP Evaluator
• DSA Certified Accessibility Specialist
• FEMA Training: IS-3, IS-100.PWb, IS-200.b, IS-325, IS-552, IS-556, IS-700.a, IS-800.a, IS-803, IS-806, IS-809, IS-
907
• ICC: Building, Electrical, Mechanical, Plumbing
• OSHA 30 Hour Trained
Highlights
Mr. Pagani has approximately 15 years of experience in public works construction management and
inspection. Mr. Pagani has thorough knowledge and understanding of construction both on the jobsite
and in the office, experience working with the various trades, designers, and managers of many different
types of projects.
Examples of his project experience as Public Works Inspector/Construction Manager includes:
• City of Rialto, Public Works Encroachment Permit Inspections
• City of South El Monte, Public Works Encroachment Permit Inspections
• Primrose Park Improvements, City of Temple City
• FY 20/21 Pavement Rehab, City of West Covina
Previous Experience -Koury Engineering, Combination Inspector:
• Provide AHJ and QA/QC inspection services on LA County Public Works Capital Improvement projects
• Ensure contractor compliance with plans, specifications, codes, and ordinances
• Inspect for contractor compliance with jobsite safety and environmental protection programs
• Issue, track, and close Non-Compliance and Inspection Notices for deviations and violations
• Prepare daily reports regarding jobsite activities and work progress
• Review inspection requests and document completed and necessary inspections
• Schedule, coordinate, and supervise special inspectors
• Maintain and review project as built drawings, construction documentation, and permits
• Review and verify monthly progress and change order billing requests
ALI CAYIR, PE, Principal, PM/QC/QA Support
Education
• BS Engineering, MBA
Registrations/Certifications
• Registered Civil Engineer
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1075
3. Key Personnel 3.16
Proposal
Capital Improvement Program (CIP) Programmatic Services
• Licensed Contractor A, B
Highlights
Mr. Cayir has over 35 years of experience. He served as Principal Program and Project Manager for a
wide variety of projects. He has participated in a wide variety of multi-disciplinary development teams
responsible for projects that include:
• Public Facilities(Vertical Construction)
• Public Works and Infrastructure
• Parks
• Transportation and Parking Related Facilities
• Parking Structures
• Commercial and Retail Developments
• Industrial Development
• Residential and Mixed Use Development
Mr. Cayir has extensive experience in the management and administration of federally and state funded
projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM), and served as
Resident Engineer on several Federally Funded Projects.
Mr. Cayir also served as contract City Engineer and Interim Public Works Director for many municipalities
in Southern California. He has a broad knowledge of municipal government operations, including
preparation and presentation of staff reports/resolutions to city councils, committees and interaction
with public, various city departments, city council and other governmental agencies.
CRAIG MELICHER, PE, Vice President, PM/QC/QA Support
Education
• BS in Civil Engineering
• Various Construction Management Classes at UCLA, including:
o Legal Aspects of Construction Management
o Primavera based Construction Scheduling Software
Registrations/Certifications
• State of California Registered Civil Engineer
Highlights
Mr. Melicher has approximately 35 years of experience. Mr. Melicher has served in various capacities,
such as Building Official, City Engineer, and CIP Manager for various Cities. He has a broad knowledge
of municipal government operations, including preparation and presentation of staff reports/resolutions
to city councils, committees and interaction with public, various city departments, city council and other
governmental agencies.
Mr. Melicher also served as Principal Program Manager for a wide variety of projects. Depending on the
specific project, Mr. Melicher’s services included everything from initial concept to project close-out. As
each project faced its own unique challenges, Mr. Melicher was able to employ his extensive public
agency background to insure the most expedition and cost effective solution to each respective
challenge, especially where, as Program Manager, Mr. Melicher was specifically responsible for acting
on behalf of and insuring the best interests of the project’s client. His experience includes serving as
Owner’s Representative and Construction Manager for large and complex construction projects, such
as public works/infrastructure, community center, city hall, library, parking structure, movie theaters, retail
centers, etc.
Mr. Melicher also provided his expertise in the construction field serving as an expert witness for
construction claims and defects. He has a strong background on the legal aspects of project and
construction management and is particularly well versed in California statutes regulating all types of
publicly funded construction.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1076
3. Key Personnel 3.17
Proposal
Capital Improvement Program (CIP) Programmatic Services
6. Project Organization Chart
CITY DESIGNATED STAFF
QC/QA OVERSIGHT STAFF
Ali Cayir, PE
Principal
Principal, PM/QC/QA Support
Mohammaf Pasebani, PE
Sr. Engineer
LAPM Compliance PM/QC/QA Oversight
Ali Zaghari, PW, PMP
Sr. Engineer
Caltrans Involved Projects Coordination
PM/QC/QA Support/Oversight
Craig Melicher, PE
Vice President
PM/QC/QA Support
SR. LEVEL
PROGRAM MANAGEMENT AND TECHNICAL SUPPORT
STAFF
Azita Fakoorbayat, PE
Sr. Engineer/Project Manager
John Oskoui, PE
Sr. Engineer/Project Manager
Michael Ackerman, PE, QSD, QSP, QISP
Sr. Engineer/Project Manager
Ziad Y. Mazboudi, PE, QSD, QSP, CPSWQ
Sr. Engineer/Project Manager
Carlos A. Pineda, PE, QSD, QSP, LEED
Sr. Engineer/Project Manager
Mohammad Mostahkami, PE
Sr. Engineer/Project Manager
David Ragland, PE, PLS, QSD, QSP
Sr. Engineer
Technical Review Support for Engineering Projects
Norman Caesar M. Baculinao, PE, TE
Sr. Engineer
Technical Review Support for Traffic Signal Systems
Project
Bahman Janka, TE
Sr. Traffic Engineer
Technical Review Support for Traffic and
Transportation Eng/Planning Projects
Jeffrey Kao, PE, CBO, CASp
Sr. Engineer
Technical Review Support for ADA
Projects/Compliance
Dennis Tarango, CBO, CSP
ICC Building Official
Technical Review Support for Vertical Projects
Michael Roberts, CBO, MCP
ICC Building Official
Technical Review Support for Vertical Projects
LOWER TEAR
PROGRAM MANAGEMENT AND
TECHNICAL SUPPORT STAFF
Ivan Daza, EIT
Associate Engineer
Project Management/RE/Office Engineering
Support
Brian Cervantes
Associate Engineer
Project Management/RE/Office Engineering
Support
Leonardo Martinez
Associate Engineer
Project Management/RE/Office Engineering
Support
Anthony Bendezu
Associate Engineer
Project Management/RE/Office Engineering
Support
Furkan. Cetinkale
Associate Engineer
Project Management/RE/Office Engineering
Support
Craig M. Wheeler
Sr. Construction Manager/Inspector
Field Review Support
Jeffrey Hirsh
Sr. Construction Manager/Inspector
Field Review Support
Robert Garcia
Sr. Inspector
Field Review Support
James Pagani, DSA Certified Accessibility
Specialist, CHST
Sr. Inspector
Field Review Support
Contract Principal
Ahmad Ansari, PE Principal/Supervising Program Manager
Okan Demirci. PE, QSD, QSP
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1077
Proposal Section 4
Relevant Experience
Proposal
Capital Improvement Program (CIP) Programmatic Services
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1078
4. Relevant Experience 4.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
4. Relevant Experience
This section of the proposal shall include at least three (3) projects completed by the proposed project team within the past five
years. Each sample relevant project shall include the following:
1. Title
2. Description
3. Year completed (or expected if not complete)
4. Total cost
5. Client/agency name
6. Reference (include name and contact information)
7. Project team staff who worked on the project
Following are few recently completed relevant projects of different types:
PROJECT 1 (Infrastructure-Pavement Rehabilitation)
1. Title City of Temple City 2021/22 City-Wide Pavement Rehab Project
2. Description Transtech provided CM/CI/, Office Engineer Services.
The project included rehabilitation of approx. 2,000,000 SF pavement area
on several streets.
3. Year completed (or expected if not
complete)
January 2023
4. Total cost $4m
5. Client/agency name City of Temple City
6. Reference (include name and
contact information)
Bryan Cook, City Manager
T: 626-285-2171
E: bcook@templecity.us
7. Project team staff who worked on
the project
Ali Cayir, PE; Okan Demirci, PE; Jeffrey Hirsh; Mario Magliocchetti
PROJECT 2 (Infrastructure-Major Roadway Improvement, which includes widening, SCE power pole relocations
and undergrounding, utilities, drainage, landscape, sidewalk, traffic signal, street lighting, freeway
interchange/ramps improvements)
1. Title Washington Bl Widening and Reconstruction
2. Description Transtech provided PM/CM/CI/Resident Engineer, Office Engineer Services.
The project included widening and reconstruction of 2.7 miles of Roadway,
Traffic Signals, Street Lighting, Landscape, Improvements at I-5 and at 710
Freeways ramps.
The project was federally funded and was managed in compliance with
Caltrans Local Assistance Procedures Manual.
The project was also a Caltrans Oversight Project.
Award: This project was recognized as one of the projects of the year as
part of the 2017 American Public Works Association (APWA) BEST Award, in
the category of Transportation Projects.
3. Year completed (or expected if not
complete)
2018
4. Total cost $45M
5. Client/agency name City of Commerce
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1079
4. Relevant Experience 4.2
Proposal
Capital Improvement Program (CIP) Programmatic Services
6. Reference (include name and
contact information)
Edgar Cisneros, City Manager
T: 323-722-4805
E: ecisneros@ci.commerce.ca.us
7. Project team staff who worked on
the project
Ali Cayir, PE; Okan Demirci, PE; Michael Ackerman, PE; Jeffrey Hirsh, Mario
Magliocchetti; Al Pagani; Mike Schnepf; Selim Bouhamidi;
PROJECT 3 (Facilities-Park)
1. Title Friendship Park
2. Description Transtech provided PM/CM/CI/ Office Engineer Services.
The project included a playground, a shaded outdoor fitness court, drinking
fountains, benches, trash bins, basketball court fixtures, site lighting, and
pedestrian accessibility improvements, including sidewalk and pedestrian
ramps.
The project was CDBG Federally Funded.
Award: This project received 2022 Projects of the Year APWA Award
Award Category: Recreational & Athletic Facilities
3. Year completed (or expected if not
complete)
2022
4. Total cost $1M
5. Client/agency name City of West Covina
6. Reference (include name and
contact information)
David Carmany, City Manager
T: 626-939-8401
E: dcarmany@westcovina.org
7. Project team staff who worked on
the project
Okan Demirci, PE; Earl Fraser, Keith Wyatt, Brian Cervantes
PROJECT 4 (Facilities-Parking Structure)
1. Title C Block Parking Structure DB (Design-Build) Delivery
2. Description Transtech provided PM/CM/CI/ Office Engineer Services.
The project included construction of 5 level, 400 space parking structure
under DB (Design-Build) Delivery.
Award: This project received 2022 Projects of the Year APWA Award
Award Category: Facilities
3. Year completed (or expected if not
complete)
2022
4. Total cost $13M
5. Client/agency name City of Ontario
6. Reference (include name and
contact information)
Dan Beers, PW Dep. Design & Construction, Principal Project Manager
T: 909-395-2806
E: dbeers@ontario.gov
7. Project team staff who worked on
the project
Ali Cayir, PE; Craig Melicher, PE; Okan Demirci, PE; Brian Cervantes, Dennis
Tarango, CBO
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1080
4. Relevant Experience 4.3
Proposal
Capital Improvement Program (CIP) Programmatic Services
PROJECT 5 (Infrastructure-Watermain replacement including service laterals, fire hydrants, manholes, asphalt
pavement rehabilitation on streets and alleys, accessibility improvements including curb ramps, sidewalk,
curb&gutter, signage and striping)
1. Title Roadway Improvements at Brewster, Agnes, Alberta, First, Franklin, City of
Lynwood, ($7M)
2. Description Transtech provided PM/CM/CI/Office Engineer Services.
The project included watermain replacement including service laterals, fire
hydrants, manholes, asphalt pavement rehabilitation on streets and alleys,
accessibility improvements including curb ramps, sidewalk, curb&gutter,
signage and striping.
3. Year completed (or expected if not
complete)
2021
4. Total cost $3M
5. Client/agency name City of Lynwood
6. Reference (include name and
contact information)
Ernie Hernandez, City Manager
T: (310) 603-0220
E: ehernandez@lynwood.ca.us
7. Project team staff who worked on
the project
Okan Demirci, PE; Earl Fraser, Jeffrey Hirsh, Andy Carlton
We are also providing below additional information and detailed description of services
provided to and reference letters from various clients.
CITY OF ONTARIO (Year started and completed: 2019 – Ongoing Service)
Contact: Dan Beers, PW Dep. Design & Construction, Principal Project Manager; T: 909-395-2806;
E: dbeers@ontario.gov
Services Provided: CIP Management (C Block, DB Project, Grand Park DB Project, City Hall Annex DB
Project)
CITY OF WEST COVINA(Year started and completed: 2018 – Ongoing Service)
Contact: David Carmany, City Manager; T: 626-939-8401; E: dcarmany@westcovina.org
Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering
Services; Traffic Engineering; CIP Management; Federally Funded Project
Management; Engineering Design; Public Works Permit Inspections; Map Check.
CITY OF COMMERCE (Year started and completed: 2010 – Ongoing Service)
Contact: Edgar Cisneros, City Manager; T: 323-722-4805; E: ecisneros@ci.commerce.ca.us
Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering
Services; Traffic Engineering; CIP Management; Federally Funded Project
Management; Engineering Design; Public Works Permit Inspections; Map Check.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1081
4. Relevant Experience 4.4
Proposal
Capital Improvement Program (CIP) Programmatic Services
CITY OF MONTEREY PARK (Year started and completed: 2012 – Ongoing Service)
Contact: Ron Bow, City Manager; T: 626-307-1255; E: rbow@montereypark.ca.gov
Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering
Services; Traffic Engineering; CIP Management; Federally Funded Project
Management; Engineering Design; Public Works Permit Inspections; Map Check.
CITY OF TEMPLE CITY (Year started and completed: 2014 – Ongoing Service)
Contact: Bryan Cook, City Manager; T: 626-285-2171; E: bcook@templecity.us
Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering
Services; Traffic Engineering; CIP Management; Federally Funded Project
Management; Engineering Design; Public Works Permit Inspections; Map Check.
CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service)
Contact: Andrew Ho, Community Development Director; T: 626-570-5041; E:
andrewho@cityofalhambra.org
Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering
Services; Traffic Engineering; CIP Management; Federally Funded Project
Management; Engineering Design; Public Works Permit Inspections; Map Check.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1082
4. Relevant Experience 4.5
Proposal
Capital Improvement Program (CIP) Programmatic Services
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1083
4. Relevant Experience 4.6
Proposal
Capital Improvement Program (CIP) Programmatic Services
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1084
4. Relevant Experience 4.7
Proposal
Capital Improvement Program (CIP) Programmatic Services
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1085
4. Relevant Experience 4.8
Proposal
Capital Improvement Program (CIP) Programmatic Services
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1086
4. Relevant Experience 4.9
Proposal
Capital Improvement Program (CIP) Programmatic Services
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1087
4. Relevant Experience 4.10
Proposal
Capital Improvement Program (CIP) Programmatic Services
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1088
4. Relevant Experience 4.11
Proposal
Capital Improvement Program (CIP) Programmatic Services
Examples of various types of projects representative of Transtech’s diversified experience:
Examples of few Street Improvements/Infrastructure, ADA, Park, Facilities Rehab Projects:
• Since 2013, Annual Street Rehab Program, City of Temple City ($15M)
• Since 2019, Annual Street Rehab Program, City of West Covina ($10M)
• Since 2018, Annual Street Rehab Program, City of South El Monte ($3M)
• Since 2018, Annual Street Rehab Program, City of Cudahy ($5M)
• Since 2015, Annual Street Rehab Program, City of Commerce ($24M)
• Since 2019, Annual Street Rehab Program, City of Maywood ($2M)
• Riverside Dr Street Rehab Project, City of Chino ($7.5M)
• El Prado Rd Reconstruction Project, City of Chino ($3M)
• FY 20/21 Annual Street Rehab Project, City of Placentia ($4.5M)
• Roadway Improvements at Brewster, Agnes, Alberta, First, Franklin, City of Lynwood, ($7M)
• Eastern Ave, Full Depth Reclaimed Pavement Rehab Project, City of Commerce ($2M)
• Temple City Blvd Rehabilitation Project, City of Temple City (Fed. Funded) ($2.5M)
• Washington Blvd, Widening, Reconstruction Project, City of Commerce (Fed. Funded) ($40M)
• Rosemead Blvd, Bikeway, Reconstruction, Beautification Project, City of Temple City (Fed. Funded) ($20M)
• HSIP Cycle 4, Traffic Signal Improvements at Various Locations, City of Commerce (Fed. Funded) ($1M)
• HSIP Cycle 7, Traffic Interconnect System Upgrades Citywide, City of Commerce (Fed. Funded) ($1M)
• HSIP Cycle 10, Traffic Interconnect System Upgrades Citywide, City of Commerce (Fed. Funded) ($2M)
• HSIP Cycle 6, Traffic Signal Improvements at Atlantic Ave, City of Cudahy (Fed. Funded) ($1M)
• HSIP Cycle 7, Pedestrian Safety Improvements at Salt Lake Ave, City of Cudahy (Fed. Funded) ($0.5M)
• HSIP Cycle 6, Traffic Signal Improvements at Santa Anita and Fern, City of S. El Monte (Fed. Funded) ($0.75M)
• HSIP Cycle 6, Traffic Signal Improvements at Tyler and Thienes, City of S. El Monte (Fed. Funded) ($($0.75M)
• HSIP Cycle 6, Traffic Signal Improvements at Peck and Rush, City of S. El Monte (Fed. Funded) ($1M)
• HSIP Cycle 7, Traffic Signal Improvements at Santa Anita-Central, City of S. El Monte (Fed. Funded) ($1M)
• HSIP Cycle 9, Citywide Traffic Signal Improvements, City of S. El Monte (Fed. Funded) ($1M)
• HSIP Cycle 10, Traffic Signal Improvements at Garvey-Durfee-Michael Hunt, City of S. El Monte (Fed. Funded) ($1M)
• HSIP Cycle 7, Traffic Signal Left Turn Phasing Improvement, City of Culver City (Fed. Funded) ($1M)
• HSIP Cycle 6, El Monte Ave, Temple City Blvd, and Various Citywide Locations (Fed. Funded) ($2.8M)
• HSIP Cycle 7, Traffic Signal Improvements at Hellman-Alhambra-Garfield, City of Monterey Park (Fed. Funded) ($1.5M)
• HSIP Cycle 9, Traffic Signal Improvements on Garfield Ave, City of Monterey Park (Fed. Funded) ($1M)
• HSIP Cycle 10, Traffic Signal Improvements at Various Locations, City of West Covina (Fed. Funded) ($4.5M)
• HSIP Cycle 7, Traffic Signal Improvements at Mission and Ivar, City of Rosemead (Fed. Funded) ($0.5M)
• HSIP Cycle 7, Firestone Blvd ITS Improvements, City of Norwalk (Fed. Funded) ($1.5M)
• HSIP Cycle 9, Citywide Traffic Safety Improvement, City of Placentia (Fed. Funded) ($1.3M)
• HSIP Cycle 5, Martin Luther King Jr Blvd TS Improvements, City of Lynwood (Fed. Funded) ($0.5M)
• HSIP Cycle 9, Atlantic-Carlin Traffic Signal Improvements, City of Lynwood (Fed. Funded) ($0.75M)
• HSIP Cycle 9, Imperial-Atlantic Traffic Signal Improvements, City of Lynwood (Fed. Funded) ($0.75M)
• ATP Cycle 1, Citywide Pedestrian Safety Improvements, City of Cudahy (Fed. Funded) ($1.5M)
• ATP Cycle 2, Citywide Pedestrian Safety Improvements, City of Cudahy (Fed. Funded) ($0.75M)
• ATP Cycle 2, La Ballona Street Improvements, City of Culver City (Fed. Funded) ($3.5M)
• ATP Cycle 1, Safe Routes to School Improvements Project, City of Huntington Park (Fed. Funded) ($1M)
• ATP Cycle 4, Citywide Pedestrian Safety Improvements, City of Monterey Park (Fed. Funded) ($1.7M)
• ATP Cycle 5, Citywide Pedestrian Safety Improvements, City of S. El Monte (Fed. Funded) ($1.7M)
• Cactus/Nason Street Improvements and 135’ Span Bridge Project, City of Moreno Valley (SLPP Funded) ($20M)
• Rte 71/Mission Bl Grade Separation Project, City of Pomona/Caltrans Oversight (Fed. Funded) ($25M)
• FY 17/18 Lerma and Alessia Pavement Rehabilitation, City of South El Monte (CDBG Funded) ($0.75M)
• Sr. Center Restroom Rehabilitation, City of South El Monte (CDBG Funded) ($0.2M)
• 2020 Street Rehabilitation Project, City of South El Monte (CDBG Funded) ($0.75M)
• Alley Rehabilitation Project, City of Chino (CDBG Funded) ($0.5M)
• Street Light Citywide LED Conversion, City of Chino (CDBG Funded) ($0.5M)
• Almansor Park Improvements Project, City of Alhambra (CDBG Funded) ($2.5M)
• Lugo Park, Soccer Field and Plaza/Shade Structures Project, City of Cudahy (CDBG Funded) ($4M)
• Various Restroom ADA Accessibility Improvements, City of Cudahy (CDBG Funded) ($0.5M)
• Garvey Park Restroom Improvements, City of Rosemead (CDBG Funded) ($0.5M)
• 2018 ADA Curb Ramps & Sidewalk Improvements, City of Monterey Park (CDBG Funded) ($0.5M)
• Citywide Pedestrian Accessibility Improvements, FY 20/21, 21/22, 22/23, City of Maywood (CDBG Funded) ($0.75M)
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1089
4. Relevant Experience 4.12
Proposal
Capital Improvement Program (CIP) Programmatic Services
• Sr. Center Restroom Rehabilitation, City of West Covina (CDBG Funded) ($0.5M)
Examples of Street Improvements/Infrastructure Projects:
Washington Boulevard Widening and Reconstruction Project
($40M): Transtech provided CM/CI/Resident Engineer,
Inspector, Office Engineer Services. The project included
widening and reconstruction of 2.7 miles of Roadway, Traffic
Signals, Street Lighting, Landscape, Improvements at I-5 and
at 710 Freeways ramps. The project was federally funded
and was managed in compliance with Caltrans Local
Assistance Procedures Manual. The project was also a
Caltrans Oversight Project.
AWARD: This project was recognized as one of the projects of the
year as part of the 2017 American Public Works Association (APWA)
BEST Award, in the category of Transportation Projects.
Rosemead Boulevard Improvements Project ($20M): Located
in the City of Temple City, this was a Federally Funded project.
Funding also included METRO Measure R and Prop C Funds.
Transtech provided Project, Program, Construction
Management, Resident Engineer, Inspection, Federal
Compliance, Labor Compliance and Office Engineer
Services. The project included protected bike lanes,
widening and reconstruction of 2 miles of roadway.
AWARD: This project has achieved numerous awards including a 2013
Planning Excellence in Implementation Award from the American
Planning Association, the 2014 Quality of Life Merit Award from the
American Society of Landscape Architects, the 2014 Merit Award for
Urban Design from the California Council of the AIA and was voted
one of the “best 10 new bike lanes of 2014” from the PeopleforBikes
organization.
Cactus Avenue and Nason Street Improvements and 135’
Span Bridge Project ($21M): This project was part of the State
Local Partnership Program SLPP Grant in the City of Moreno
Valley ($21M). Transtech provided construction
management, resident engineer, inspection, and office
engineer services.
AWARD: This project was recognized with a project
achievement award by the Construction Management
Association of America (CMAA) for Construction
Management Services under the Public Works Category for
$11M-$50M ranged projects.
ATP Citywide Crosswalk and Pedestrian Safety Improvement
Project ($1.2M): Located in the City of Cudahy, this project
included safe routes to school pedestrian safety
improvements near schools and pedestrian activity centers.
Transtech provided construction management, resident
engineer, inspection, labor compliance and office engineer
services.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1090
4. Relevant Experience 4.13
Proposal
Capital Improvement Program (CIP) Programmatic Services
Atlantic Boulevard Corridor Improvement Project ($20M): This
was a Federally Funded project in the City of Commerce.
Transtech provided turnkey services included construction
management, resident engineer, inspection, office engineer,
and funds coordinator. The project was a major street
reconstruction and beautification project along Atlantic
Boulevard which improved mobility for pedestrians, trucks,
and vehicles as well as provided corridor beautification with
landscaped medians and other elements.
AWARD: This project was recognized as one of the projects of
the years as part of the 2020 American Public Works
Association (APWA) Project of the Year Award, in the
category of Transportation Projects.
Eastern Avenue Rehab Project ($1.5M): Located in the City of
Commerce, this project was funded through City’s Measure
AA Funds. The project involved Full Depth Reclaimed
Pavement Rehabilitation. Transtech provided construction
management and inspection services.
AWARD: This project was recognized as one of the projects of
the year awards as part of the 2017 Outstanding Local Streets
and Roads Project Award Program in the Category of Roads
for Efficient & Sustainable Road Maintenance, Construction
& Reconstruction Projects.
Rte 71/Mission Bl Grade Separation Project ($40M): This
project was a Federally Funded project located the City of
Pomona and included construction of a bridge/grade
separation. Transtech provided construction management,
resident engineer, inspection, labor compliance and office
engineer services. Caltrans was the oversight/jurisdictional
Agency.
Bogert Trail Bridge Widening Project ($5M): Located in the
City of Palm Springs, this project was a Federally Funded
project. Transtech provided construction management,
resident engineer, inspection, labor compliance and office
engineer services. The project involved bridge widening,
retrofit, and beautification elements.
26th Street Rehab and Metrolink Station ($1M): This project was
Federally Funded in the City of Commerce and included
rehabilitation of 26th Street, and Metrolink Station parking lot
rehab, station platform improvements, landscape and
lighting. Transtech provided construction management,
resident engineer, inspection, labor compliance and office
engineer services.
Parking Lot Improvements Projects ($550K): Located in the
City of Temple City, this project included new parking lot
signage, asphalt resurfacing, construction of trellis, new
lighting, electrical vehicle charging station infrastructure,
landscaping, and drainage. Transtech provided construction
management, and inspection services.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1091
4. Relevant Experience 4.14
Proposal
Capital Improvement Program (CIP) Programmatic Services
El Monte, Temple City Blvd, and Various Citywide Locations
HSIP Projects ($1.8M): Located in the City of Temple City, this
project was a Federally Funded through Highway Safety
Improvement Project (HSIP) program. It included asphalt
roadway resurfacing, markings & striping, traffic safety
improvements such as updated traffic signal heads and
speed radar feedback signs, and updated street signage.
Transtech provided construction management, resident
engineer, inspection, labor compliance and office engineer
services.
Middleton Street Elementary School Safe Routes to School
Improvements Project ($500K): Located in the City of
Huntington Park, this project was part of the Safe Route to
School program and included pedestrian safety
improvements, bulb outs, ADA compliant PCC curb ramps,
sidewalk improvements, updated signage, striping and
markings. Transtech provided construction management,
resident engineer, inspection, labor compliance and office
engineer services.
Slauson Avenue ADA Improvements and Tree Replacement
Project ($1.5M): Located in the City of Commerce, this
project was funded through City’s Measure AA Funds. The
project included removal of 149 overgrown Ficus trees that
displaced the sidewalk in some areas up to 2 feet high and
replaced them with new ADA compliant sidewalk and
planted 433 drought tolerant trees in their place. Transtech
provided construction management and inspection,
services.
Examples of Park Projects:
2022 APWA AWARD WINNING PARK PROJECT MANAGED BY TRANSTECH
FRIENDSHIP PARK, City of West Covina, Completed in June 2022
Project received 2022 Projects of the Year APWA Award
Award Category: Recreation and Athletic Facilities. New, renovated, or modernized
parks, outdoor theaters & amphitheaters, playgrounds, sports facilities & fields, nature
trails, and aquatic facilities.
Population Division: 100,000 to 200,000.
Project Cost: $1 m
Link to Project Info: WEST COVINA FRIEND SHIP PARK
Ontario Great Park DB (Design-Build
Project). ($45M): The project is being
delivered under DB delivery.
Transtech is City’s Owner’s
Representative/Program Manager.
City of Temple City, Primrose Park
($4M, Prop 68 Funding): The project
included constructing a new park with
playground, landscaping, parking lot,
concrete plaza, lighting, drainage,
ADA improvements.
City of Monterey Park, Citywide
Parks Improvement Project
($6.5M): This project included
installation of park equipment
(playground, picnic shelters,
benches), construction of ADA
improvements at 13 parks.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1092
4. Relevant Experience 4.15
Proposal
Capital Improvement Program (CIP) Programmatic Services
City of Commerce/Caltrans, I-5
Freeway/Washington Bl SB on and off
Ramps Landscape Improvements
($3M, Federally Funded): The project
included, Landscape, Improvements
at I-5 and at 710 Freeways ramps.
City of Alhambra, Almansor Park
Improvements Project ($2.5M): The
project included construction of new
basketball courts, restroom facilities,
shade structure, new drainage
systems, new lightings, and updated
landscaping and irrigation, and PCC
walkways.
City of Cudahy, Soccer Field
(synthetic turf) and Park
Improvements Project ($2M,
CDBG Funded): The project
included constructing a new
soccer field with artificial turf on
existing baseball field,
landscaping, parking lot,
concrete plaza, lighting,
drainage, ADA improvements.
City of Huntington Park, Salt Lake
Park Splash Pad Project ($1M): The
project included installation of splash
park.
City of Fontana, South Fontana Park
($15M): The project included an 18-
acre park with 4 artificial turf
soccer/football fields, sports lighting,
playground/tot lot, walking path, 2
Restroom/Concession Building, shade
structures, fencing. Transtech is
providing inspection services.
City of Temple City, Pocket
Park/Parking Lot Improvements
Projects ($1M): The project
included new park/parking lot
signage, trellis, landscaping,
drainage, lighting, electrical
vehicle charging station
infrastructure for future
implementation.
Examples of Building Projects:
City of Alhambra Civic Center Library Project ($30M): Transtech
provided plan check, inspection, construction management, and
owner representative services, the project included construction
of a 45,000 SF Library with an underground parking garage.
City of Whittier, Uptown Parking Structure (DBB, Design-Bid-Build
Project, Project Value: $12M): The project involved construction of
a 4 story, 450 stall parking structure, and includes elements such as
bicycle and motorcycle parking and provisions for future
photovoltaic panels.. The project was delivered as DBB.
Transtech served as Construction Manager. This project is located
in Whittier.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1093
4. Relevant Experience 4.16
Proposal
Capital Improvement Program (CIP) Programmatic Services
Renaissance Plaza ($15M): This project was located in the City of
Alhambra and included a parking structure, 10 plex movie theater,
retail, and plaza. Transtech served as the City’s Building Official,
Plan Checker and Inspector for this project including construction
manager of the parking structure, public plaza, and other
improvements.
Rosewood Community Center ($25M): Transtech was retained by
the City of Commerce to take over the management of this
multimillion-dollar facility which was 2 years behind schedule.
Within 5 months, Transtech brought the construction to substantial
completion level allowing the City to start the move-in process,
and 2 months after, the facility was opened for public use.
Garfield Avenue Parking Structure ($8.5M): This project included a
5-story level, 600 space parking structure as part of the Alhambra
Redevelopment Agency and Downtown Redevelopment.
Transtech provided plan check, inspection, construction
management and owner representative services.
Riverside County Transportation Commission, Corona Main Street
Metrolink Parking Structure and Pedestrian Bridge (25M): This
project is in Corona and included 6 level, approximately 1,000
space parking structure, and a pedestrian bridge over railroad
tracks. Transtech provided inspection and construction
management services for the construction of this federally funded
project.
City of San Bernardino Santa Fe Depot/Metrolink Parking Structure
and Historic Santa Fe Depot Renovation Project ($25M): This
project included The Parking Structure involved the construction of
a 3-level parking structure for 350 cars. Historic Santa Fe Depot
Renovation involved renovation for adoptive reuse of 60,000 sf
historical Santa Fe Train Depot.
Examples of Development Projects:
Agency: CITY OF TEMPLE CITY
Project: Blossom Walk Residential Development (Valuation $6 m). This
development includes 24-unit condominiums and 4 single family homes.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning
Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection.
• Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City
Traffic Engineer.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1094
4. Relevant Experience 4.17
Proposal
Capital Improvement Program (CIP) Programmatic Services
Agency: CITY OF SOUTH EL MONTE
Project: Chico Residential Development (Valuation $15 m). This
development includes 13 buildings with 70 residential units.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning
Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection.
• Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City
Traffic Engineer.
Agency: CITY OF COMMERCE
Project: Warehouse with Office Space Development (Valuation $20 m). This
development includes one-story of warehouse with mezzanines for office
use of 114,898 square feet of total floor area in a 5.65-acre lot.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning
Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection.
• Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City
Traffic Engineer.
Agency: CITY OF ALHAMBRA
Project: Main Street Collection (Valuation $23 m). This development
includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9
live/work units, 19 townhomes, and 6 shopkeeper units.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning
Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection.
• Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City
Traffic Engineer.
Agency: CITY OF WEST COVINA
Project: Medical Center Building (Valuation $20 m). This project is a new
Medical Office Building of approximately 55,000 sf that will operate 24/7
providing a radiation oncology department and infusion department.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning
Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection.
• Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City
Traffic Engineer.
Agency: CITY OF WEST COVINA
Project: Asteria Residential Development (Valuation $40 m). This
development includes 158-unit residential homes.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning
Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection.
• Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City
Traffic Engineer.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1095
4. Relevant Experience 4.18
Proposal
Capital Improvement Program (CIP) Programmatic Services
Experience in DB (Design-Build) Project Delivery:
Transtech has extensive experience in managing DB Projects in compliance with CA Public Contract Code.
• 2022 APWA AWARD WINNING DB (Design-Build) PROJECT MANAGED BY
TRANSTECH
C-BLOCK PARKING STRUCTURE, City of Ontario, Completed in May 2022
Project received 2022 Projects of the Year APWA Award
Award Category: Facilities
Facilities, including parking structures, transit facilities, rail stations,
recycling facilities, fiber optics, energy generation & substations, zoos,
communications, and public works yards.
Population Division: 100,000 to 200,000
Project Cost: $11 m
Link to Project Info: ONTARIO, C BLOCK DB PARKING STRUCTURE
Currently, we are managing following DB Projects:
• Ontario Grand Park (DB Delivery) ($90M) (Pre-qualifications DB RFP
issued)
• Ontario Parking Structure, Fire Station 1 (PS is DB Project Delivery; Fire
Station is DBB Delivery) ($60M) (Pre-qualifications DB RFP for PS issued)
Few other DB Projects Transtech was involved:
City of Alhambra, Mosaic Parking Structure (DB Delivery) ($8M: The
project involved construction of a 5-story parking structure. The project
was delivered as DB. Transtech served as Owner Representative and
Program Manager from initial project planning, design development
thru construction. Transtech also provided building code plan check,
constructability, biddability and value engineering review. Also, during
construction, Transtech provided construction management and
inspection services. This project is located in Alhambra.
Turkish American Cultural Center Project, Maryland (DB Delivery)
($100M): This unique project, Turkish-American Cultural Center (TACC) is
a unique multi-cultural center showcasing he culture and heritage of
Turkish Americans, and celebrate their contribution to America. The
project involved construction of a museum, library, traditional
Turkish/Ottoman houses, religious facility (Mosque), including an
underground level parking garage with sports facilities. Transtech was
commissioned as the Owner Representative/Program Manager.
Transtech located some of its most experienced staff members to
Maryland temporarily and retained additional staff locally, and moved
the project thru local planning processing and approvals within less than
1 year, and adopted a DB delivery approach with GMP (Guaranteed
Maximum Price), which complied with US Local contracting laws and
requirements, as well as was acceptable to the Turkish contracting laws
and standards. A Turkish architect prepared the conceptual design
plans. A US Architectural Firm was hired to develop bridging documents.
Several large US Construction firms were invited to submit proposals.
After selection process, one of the largest Construction Companies in
US, Balfour Beatty (https://balfourbeattyus.com/home) was hired as the
DB General Contractor. At the peak of finish work, nearly 80 master
Turkish artisans were also brought to US temporarily applying their
expertise to the stone, marble, lead roofing and millwork packages. The
construction was completed in 2 years.
CONCEPT RENDERING OF PARKING STRUCTURE
FINAL COMPLETED PARKING STRUCTURE
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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Proposal Section 5
Quality of Proposal
Proposal
Capital Improvement Program (CIP) Programmatic Services
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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5. Quality of Proposal 5.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
5. Quality of Proposal
1. Proposal contains all minimum required items and is in proper format
2. All forms, including addenda (if any) have been completed and signed
1. Proposal contains all minimum required items and is in proper format
Our proposal contains all minimum required items and is in proper format.
Our proposal includes information listed in RFP under “Proposal Content”, and is formatted
per the sections listed in the RFP under “Proposal Format”, as listed below:
Proposal Content: A responsive proposal shall contain the following documentation:
1. Cover Letter- Proposals shall include a letter signed by a principal or authorized representative
who can make legally binding commitments for the entity.
2. Understanding of Need- Proposal shall include an outline which demonstrates the firm’s
understanding of the project goals and objectives and scope of work, and most of all, familiarity
with the existing condition and needs. This outline should include the firm’s anticipated approach
toward providing required services, tasks necessary for its successful completion, and suggestions
or special concerns of which the City should be made aware.
3. Scope of Services- Proposal shall include a Scope of Services which details the consultant’s
approach towards completing the project, work phases, the tasks to be accomplished and the
deliverables to be provided, based upon the requested Scope of Services included in this RFP.
4. QA/QC Plan- Provide QA/QC plan to ensure quality control for the duration of the project which
shall include maintaining organization and communication over the entire project team, cost and
schedule monitoring and constructability review of project plans, specifications and estimates
upon their completion.
5. Key Personnel- Consultants shall list key personnel as well as subconsultants, if any, they propose
to use on their respective project team. Resumes, limited to one page maximum, shall be included
for each key personnel and subconsultant(s). In addition, this section of the proposal shall include
a project organization chart with each key individual and subconsultant(s) listed by position or
title. Furthermore, a table shall be included listing each key individual and subconsultant(s) by
position or title along with percentage of each individual’s and subconsultant’s time (by
percentage) to be devoted to this project.
6. Relevant Experience- This section of the proposal shall include a list of at least three (3) relevant or
similar projects completed by the project team within the past five years. Each project included
shall have a description of the project, name of the client, reference representing client who can
be contacted regarding the project along with contact information, year completed and total
project cost.
7. Fee Proposal- The consultant’s fee proposal shall be submitted concurrently with the technical
proposal. The fee proposal shall include a competitive fee which outlines the hours to complete
the scope of services along with personnel to be involved in the project with the number of hours
by personnel to be assigned by task and hourly rate.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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5. Quality of Proposal 5.2
Proposal
Capital Improvement Program (CIP) Programmatic Services
Our proposal includes all information listed in RFP under “Proposal Content”, which is
recited above.
Proposal Format: Proposal shall, at a minimum, contain a detailed Scope of Services
and be formatted to include the following sections. The basis of consultant selection for
this project will be based on the following criteria:
1. Perception Approach
1. Project understanding and perception
2. Approach to the project including steps to ensure ultimate compliance with objectives of
the work, quality and accuracy.
2. Methodology
1. Clearly state the methodology to be used in completing the Scope of Services.
2. Provide QA/QC plan to ensure quality control for the duration of the project
3. Key Personnel- This section of the proposal shall be formatted as follows:
1. Experience of key personnel
2. Responsibilities to be assigned
3. Amount of each individual’s time to be allocated
4. Subconsultant(s) to be used (if any)
5. Resumes of key personnel
6. Project organization chart
4. Relevant Experience- This section of the proposal shall include at least three (3) projects
completed by the proposed project team within the past five years. Each sample relevant project
shall include the following:
1. Title
2. Description
3. Year completed (or expected if not complete)
4. Total cost
5. Client/agency name
6. Reference (include name and contact information)
7. Project team staff who worked on the project
5. Quality of Proposal
1. Proposal contains all minimum required items and is in proper format,
2. All forms, including addenda (if any) have been completed and signed
6. Budget/Fee- Include a not-to-exceed fee for all work to be completed. For this RFP, assume
providing an average of 40 hours per week of program management services throughout the
term of the agreement. However, the City reserves the right to reduce allocated hours as need
due to the City’s needs.
Our proposal is formatted per the sections listed in the RFP under “Proposal Format”,
which is also recited above.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
Packet Page. 1099
5. Quality of Proposal 5.3
Proposal
Capital Improvement Program (CIP) Programmatic Services
2. All forms, including addenda (if any) have been completed and signed
All forms, including addenda (if any) have been completed and signed.
After RFP transmittal email, we received a follow up email from the City as follows:
As indicated in the above email, our proposal is emailed to Hernandez_Da@sbcity.org with
cc to: Pan_Su@sbcity.org
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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Proposal Section 6
Budget / Fee
Proposal
Capital Improvement Program (CIP) Programmatic Services
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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6. Budget / Fee 6.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
6. Budget / Fee
Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of
program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated
hours as need due to the City’s needs.
The RFP states:
Budget/Fee- Include a not-to-exceed fee for all work to be completed. For this RFP,
assume providing an average of 40 hours per week of program management services
throughout the term of the agreement. However, the City reserves the right to reduce
allocated hours as need due to the City’s needs.
As required in the RFP, we are providing an estimated budget using 40 hrs per week staff
time as base assumption:
Staff Classification Average Hrly
Rate
Assumed
Weekly Hours
Allocation
Assumed
Weekly
Budget
Allocation
Sr. Level Staff $195 5 $975
Project Management Staff $185 20 $3,700
Lower Tear PM Support Staff $165 15 $2,475
40 $7,150Weekly Totals
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long
Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month
period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by
the United States Bureau of Labor Statistic.
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the
specific project’s scope, when such projects are identified by the City.
Staff classifications can be changed based on a project's specific needs and staffing type and level
requirements.
Staff with lower rates may be used when more applicable to a project, and such lower rates would be reflected
on the invoices, which will reduce costs to City.
Please see following page for Transtech’s current Hourly Rate Schedule for all staff classifications.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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6. Budget / Fee 6.2
Proposal
Capital Improvement Program (CIP) Programmatic Services
Field Technician $80 -$90 Labor Compliance Analyst $140 -$145
Engineering Technician $90 -$100 Funds Coordinator $145 -$155
Assistant CAD Drafter $100 -$115 Office Engineer $140 -$150
Senior CAD Drafter $115 -$130 Construction Inspector $135 -$145
Associate Designer $130 -$145 Senior Construction Inspector $145 -$155
Senior Designer $145 -$160 Construction Manager $155 -$175
Design Project Manager $180 -$190 Resident Engineer $175 -$190
Assistant Engineer $110 -$120
Associate Civil Engineer $135 -$145 Public Works Inspector $135 -$145
Senior Civil Engineer $190 -$210 Senior Public Works Inspector $145 -$155
Traffic Analyst Technician $95 -$105 Supervising PW Inspector $155 -$165
Associate Traffic Analyst $140 -$150
Senior Traffic Analyst $150 -$160 Survey Analyst $140 -$145
Professional Transportation Planner $160 -$175 Senior Survey Analyst $145 -$150
Traffic Engineer Technician $90 -$100 2-Man Survey Crew $330 -$340
Associate Traffic Engineer $135 -$145 Survey & Mapping Specialist $175 -$185
Traffic Engineer $160 -$175 Licensed Land Surveyor $200 -$210
Senior Traffic Engineer $175 -$195
Project Manager $175 -$195 Funds Analyst $140 -$145
Senior Project Manager $195 -$215 Senior Funds Analyst $145 -$155
Deputy City Engineer $160 -$180 Grant Writer $160 -$170
City Engineer $180 -$195 Funds & Grant Project Manager $180 --$190
Principal Engineer $195 -$215
Community Development Technician $75 -$85
Permit Technician $70 -$80 Planning Technician $85 -$95
Plan Check Technician/Analyst $100 -$120 Assistant Planner $95 -$115
Building Inspector $120 -$125 Associate Planner $115 -$135
Senior Inspector $125 -$135 Senior Planner $135 -$160
Plans Examiner/Checker $135 -$150 Planning Manager $160 -$180
Plan Check Engineer $150 -$160
Deputy Building Official $150 -$160 Administrative/Clerical $65 --$75
Building Official $160 -$170 Project Accountant $75 --$85
TRANSTECH ENGINEERS, INC.
SCHEDULE OF HOURLY RATES
Effective through June 30, 2023
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope,
when such projects are identified by the City.
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer
Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor
Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
FUNDING & GRANT WRITING
PLANNING
ADMINISTRATIVE STAFF
SURVEY AND MAPPING
PUBLIC WORKS INSPECTION
BUILDING & SAFETY
ENGINEERING CONSTRUCTION MANAGEMENT
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works
Department:Public Works
Subject:Contract Amendment Approval – Pepper Avenue
Rehabilitation Project (Wards 3, 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager to execute all documents and: Approve
Amendment No. 3 to the Professional Services Agreement with Kabbara Engineering in
the amount of $10,000, for a total contract amount of $255,531 for Pepper Avenue
Rehabilitation Project and extend the term of the agreement through the anticipated
completion date of December 30, 2024.
Executive Summary
When the road surface condition becomes worn or damaged due to aging, weather, and
traffic, rehabilitation or resurfacing is needed to restore the pavement surface. Kabbara
Engineering has been providing construction engineering support services to complete
the Pepper Ave. Rehabilitation Project, for a total of approximately 2 miles. Public
Works staff is requesting the approval of Amendment No.3 for additional construction
engineering support services. If approved, Amendment No. 3 to the Professional
Services Agreement will increase the project cost by $10,000, and authorize a contract
change order for a new total amount, not to exceed of $255,531, to complete the design
phase of the project.
Background
Pepper Avenue from Baseline Road to Mill Street was previously identified in the City’s
approved Pavement Management Analysis in need of immediate rehabilitation. The
project in general will consist of, but is not limited to, pavement rehabilitation, grinding of
existing asphalt at Pepper Avenue between Baseline Road and Mill Street, for a total of
approximately 2 miles; repair damaged portion and overlay with new asphalt and
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restripe; replace damaged curb, gutter and sidewalk within the project limits.
On February 17, 2021, the Mayor and City Council awarded a Professional Services
Agreement with Kabbara Engineering for design services for Pepper Avenue project in
the amount of $234,911.00.
On February 2, 2022, the Mayor and City Council approved Amendment No.1 to the
Master Agreement, for the purpose of including additional funds for the performance of
services under the Master Agreement for $6,120.00 for a new contract amount of
$241,031.00.
On August 3, 2022, the Mayor and City Council approved Amendment No. 2 to the
Master Agreement, to include additional funds for the continued performance of the
services in accordance with the compensation provisions of the Master Agreement, in
the amount of $4,500.00 for a new contract amount of $245,531.00.
Discussion
Following Mayor and City Council approval of a Professional Services Agreement with
Kabbara Engineering, the firm began designing the improvements to the Pepper
Avenue project, finalizing the initial design in 2022. Over the past year the Public Works
Department staff met with Kabbara Engineering and received additional construction
engineering support services necessary to complete the final stage of the Pepper
Avenue Rehabilitation project.
Public Works Department staff met with Kabbara Engineering and received input on the
requested modifications to the Project. The modifications and additional tasks include:
1. Construction Engineering Support - Kabbara Engineering
2. Atlas Technical Services LLC (Geotechnical Subconsultants).
Design and construction of Pepper Ave. project are consistent with the designated use
of this funding as completion of the project will support safety, reduce accidents due to
potholes or uneven terrain. This will also help the street be resistant to weathering and
erosion, it will require less maintenance and the street will last longer. Kabbara
Engineering provided a proposal for an amendment to the contract in the amount of
$10,000 to complete the project. Approving Amendment No. 3 will also extend the
original term of the agreement through the anticipated completion date of December 30,
2024.
Funding for the Project was established in FY 2020/21 City’s Annual Operating Budget
which included Capital Improvement Plan (CIP) SS20-010 – and established a budget
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of $200,000 in Measure I Fund No. 129. The total project cost breakdown is as follows:
Kabbara Eng. Original Contract $234,911.00
Amendment No. 1 $6,120.00
Amendment No. 2 $4,500.00
Amendment No. 3 $10,000.00
Total New Kabbara Eng. Contract $255,531.00
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1 – Improved Operational & Financial
Capacity by leveraging existing resources to provide needed improvements at Pepper
Avenue for safer and better traffic flow, ADA access for pedestrian safety and enhance
services to the community.
Fiscal Impact:
There is no General Fund impact with this item. Sufficient Measure I budget exists
within the project to support this item. To date, 129-160-8713 has a remaining budget of
$2,719,094.02 to support this item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager to execute all documents and:
Approve Amendment No. 3 to the Professional Services Agreement with Kabbara
Engineering in the amount of $10,000, for a total contract amount of $255,531 for the
Pepper Avenue Rehabilitation Project and extend the term of the agreement through the
anticipated completion data of December 30, 2024.
Attachments
Attachment 1 - Amendment No. 3
Attachment 2 - Exhibit A: Kabbara Engineering Amendment Letter
Attachment 3 - Original Professional Services Agreement with Kabbara
Engineering
Ward:
Third Ward; Sixth Ward
Synopsis of Previous Council Actions:
February 17, 2021 Resolution No.2021-34 adopted agreement with Kabbara
Engineering in the amount of $234,911 to provide the design
of Pepper Avenue Rehabilitation from Baseline Road to Mill
Street
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February 2, 2022 Approved First Amendment to the Professional Services
Agreement with Kabbara Engineering
August 3, 2022 Approved Second Amendment to the Professional Services
Agreement with Kabbara Engineering
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lynn C. Merrill, Interim Director of Public Works, Operations
and Maintenance
Department:Public Works
Subject:Approve Final Tract Map No. 20495 (Ward 4)
Recommendation:
Adopt Resolution No. 2024-022 by the Mayor and City Council of the City of San
Bernardino, California, approving Final Tract Map No. 20495 (Subdivision
21-13) involving the subdivision of five (5) parcels (APN 0285-211-05, 21, 22, 23, and
25) containing approximately 14.7 acres into one hundred thirty-three (133) single-
family residential lots and nine (9) lettered lots for common facility improvements,
located on the northwest corner of E. Highland Avenue and N. Palm Avenue, accepting
the public dedications as set forth on said map; and authorizing execution of the
standard form of agreement for the subdivision improvements.
Executive Summary:
The proposed project consists of subdividing five parcels containing a total of
approximately 14.7 acres into one hundred thirty-three (133) single-family residential
lots and nine (9) lettered lots for common facility improvements, for a proposed single-
family residential development, which is located on the northwest corner of E. Highland
Avenue and N. Palm Avenue. Pursuant to the requirements of the City of San
Bernardino Development Code and the Subdivision Map Act, the applicant has
submitted a Final Map for Mayor and City Council action and final acceptance. The
Acting City Engineer has reviewed the proposed Final Map for Tract No. 20495 and
determined that the Final Map is in compliance with the Subdivision Map Act, the City’s
ordinances regarding subdivisions, and all conditions of approval, and recommend the
City Council for approval.
Background:
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On July 20, 2022, the Mayor and City Council adopted Resolution 2022-032 thereby
certifying General Plan Amendment 21-02, Development Code Amendment (Zoning
Map Amendment) 21-07, Subdivision 21-13 (Tentative Tract Map 20495), and
Development Permit Type-P 21-07 for the Warmington Residential project. The
adoption of the approved Resolution 2022-157 allowed for the subdivision of five (5)
parcels containing approximately 14.7 acres into one hundred thirty-three (133) single-
family residential lots and nine (9) lettered lots for common facility improvements; and
the development and establishment of a Planned Unit Development comprised of one
hundred thirty-three (133) detached single-family residences.
Discussion:
The proposed project consists of subdividing five parcels containing a total of
approximately 14.7 acres into one hundred thirty-three (133) single-family residential
lots. The proposed single-family lots are part of a planned residential development,
which was also approved on July 20, 2022, by the Mayor and City Council as
Development Permit Type-P 21-07 per the same Resolution 2022-032.
Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of
San Bernardino Development Code and the Subdivision Map Act, the applicant has
submitted a Final Map for Mayor and City Council action and final acceptance. The
Acting City Engineer has reviewed the proposed Final Map for Tract No. 20495 and
determined that the Final Map is in compliance with the Subdivision Map Act, the
City’s ordinances regarding subdivisions, and all conditions of approval. City services
will be provided to this project in a similar way as other single-family residential
neighborhoods within the city and surrounding area. This project is anticipated to
generate approximately $2,501,065 in Development Impact Fees for the city.
2021-2025 Strategic Targets and Goals:
The adoption of a Resolution approving the Final Map for Tract No. 20495 aligns with
Goal No. 1 Improved Operational & Financial Capacity. Specifically, the
transformation of existing vacant underutilized properties into productive single-family
residential lots for the purpose of developing single-family residential homes meets the
City’s economic development goals.
Fiscal Impact:
This project is anticipated to generate approximately $2,501,065.00 in Development
Impact Fees for the city.
Conclusion:
Adopt Resolution No. 2024-022 by the Mayor and City Council of the City of San
Bernardino, California, approving Final Tract Map No. 20495 (Subdivision
21-13) involving the subdivision of five (5) parcels (APN 0285-211-05, 21, 22, 23, and
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25) containing approximately 14.7 acres into one hundred thirty-three (133) single-
family residential lots and nine (9) lettered lots for common facility improvements,
located on the northwest corner of E. Highland Avenue and N. Palm Avenue, accepting
the public dedications as set forth on said map; and authorizing execution of the
standard form of agreement for the subdivision improvements.
Attachments:
Attachment 1 Resolution 2024-022
Attachment 2 Project Bonds
Attachment 3 Final Map for Tract 20495
Attachment 4 Tract 20495 Improvement Agreement
Attachment 5 Resolution 2022-032
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
July 20, 2022, Mayor and City Council adopted Resolution No. 2022-032,
approving GPA 21-02, DCA 21-07, DP-P 21-07, and Subdivision
21-13.
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Resolution No. 2024-022
Resolution 2024-022
January 17, 2024
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RESOLUTION NO. 2024-022
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 20495
(SUBDIVISION 21-13) INVOLVING THE SUBDIVISION OF
A PROJECT SITE CONTAINING APPROXIMATELY 14.7
ACRES INTO 133 SINGLE-FAMILY RESIDENTIAL LOTS
AND NINE (9) LETTERED LOTS FOR COMMON
FACILITY IMPROVEMENTS LOCATED ON THE
NORTHWEST CORNER OF E. HIGHLAND AVENUE AND
N. PALM AVENUE; ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM
OF THE SUBDIVISION IMPROVEMENTS.
WHEREAS, on July 20, 2022 the Mayor and City Council of the City of San Bernardino
adopted Resolution 2022-032 for approving Subdivision 21-13 and Tentative Tract Map 20495,
and
WHEREAS, the Acting City Engineer has reviewed the approved Tentative Tract Map
20495 with conditions of approval, and has analyzed the Final Map for Tract No. 20495 in order
to ensure consistency between the approved Tentative Tract Map 20495 with adopted conditions
of approval and the final map requirements, and has determined that the Final Map for Tract No.
20495 has been found to be in substantial conformance with the approved Tentative Tract Map
20495, and
WHEREAS, the Mayor and City Council find that proposed Tract Map 20495, located on
the northwest corner of E. Highland Avenue and N. Palm Avenue within the Residential Medium
(RM) zone together with the provisions of their design and improvement is consistent with the
General Plan of the City of San Bernardino.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager of the City of San Bernardino is authorized to execute the
standard form Subdivision Improvement Agreement with Warmington Highland Village
Associates, LP. attached and incorporated herein as Exhibit A, for the improvements in said Tract
Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision
Map Act. The time for performance is as specified in the Agreement. Said improvements are
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Resolution No. 2024-022
Resolution 2024-022
January 17, 2024
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specifically described and shown on Drawings approved and on file in the office of the Public
Works Department of the City of San Bernardino.
SECTION 3. A Mitigated Negative Declaration was adopted with the approval of
Subdivision 21-12 (Tentative Tract Map 20495) on July 20, 2022. No further changes to the
environmental conditions of the subject site or the proposed subdivision have occurred. Therefore,
the previous environmental determination adopted for Subdivision 21-13 (Tentative Tract map
20495) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the
California environmental Quality Act.
SECTION 4.The Final Map of said Tract Map is hereby approved and the City of San
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of Tract Map, the Subdivider shall first execute the
Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
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 17th day of January 2024.
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. 2024-022
Resolution 2024-022
January 17, 2024
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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. 2024-022, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 17th day of January 2024.
Genoveva Rocha, CMC, City Clerk
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30. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
By: _____________ _ Genoveva Rocha, CMC, City Clerk
Approved as to form:
By: _____________ _ Sonia R. Carvalho, City Attorney
9
CITY OF SAN BERNARDINO
By: Charles A. Montoya, City Manager
City of San Bernardino
SUBDIVIDER:
By: �1e:: -
Van G. Martin VP Land Development
By:
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works
Department:Public Works
Subject:Contract Change Order Approval – Pavement
Rehabilitation at Three Locations- Ward 3
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the Director of Finance and Management Services to allocate an
additional $643,910.10 to fund the change order to complete the pavement
improvements "Project"; and
2. Approve the Construction Contract Change Order with Matich Corporation
Company in the amount of $643,910.10 to complete the "Project"; and
3. Authorize the project construction and construction contingencies in the total
amount of $693,000 to provide pavement improvements to complete the
"Project"; and
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Executive Summary:
To complete the required street improvements, a change order to the contract with
Matich Corporation Company is requested. Public Works staff is requesting an
amendment to the contract to utilize the remaining funds allocated in the Community
Development Block Grant (CDBG) account, and to extend the limits of the pavement
to be completed from the remaining CDBG Fund balance in the amount of
$705,530.78 and authorize a contract change order including construction in the
amount of $643,910.10 and contingencies in the amount $49,089.90 for a total
amount of $693,000 to Matich Corporation Company.
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Background:
The Public Works Department is responsible for maintaining streets citywide. In March
2020, a Pavement Management Analysis was completed which used scientific
methods to rate the condition of all public streets in the City. Street segments
(intersection to intersection) were rated based on Remaining Service Life (“RSL”) in
years with a rating of 20 representing the condition of a recently completed street.
Segments with RSL between 20 and 10 are usually maintained using crack sealing
and slurry sealing. Segments with an RSL of 10 or less are generally in need of major
maintenance, usually consisting of mill and overlay. Segments with RSL less than 5
require complete removal and replacement.
Community Development Block Grants (CDBG) partners with rural cities and counties
to improve the lives of their low- and moderate-income residents through the creation
and expansion of community and economic development opportunities, in support of
livable communities. These street segments were chosen for that purpose and to help
in-fill projects that are planned on these street segments.
In anticipation of this work, on June 1, 2022, the Mayor and City Council approved
and adopted the City of San Bernandino’s Annual Operating Budgets and Capital
Improvements Plan (CIP) for FY 2023 and FY2024.The CIP established CDBG
Funding in the amount of $1,628,207.00.00 for the project to rehabilitate the following
locations:
• Rialto Avenue from Mt. Vernon Avenue to Bridge (Ward 3)
• 10th Street from “F” Street to “H” Street to Knuckle (Ward 1)
• 49th Street from Sierra Way to End (Ward 4)
Plans and specifications were prepared with the proposed scope of work for the
locations to include pavement rehabilitation and provide missing sidewalk and ADA
access ramps.
Discussion:
A contract was awarded to Matich Corporation Company at the City Council meeting
on August 2, 2023, in the amount of $763,593.55, to provide Pavement Rehabilitation
at Three Locations and is expected to be completed in the first quarter of 2024.The
available funds remaining in the CDBG grant will allow the staff to extend the limits on
the scope of the street rehab to include Rialto Avenue from 3760 feet east of Rialto
Avenue, and extending westerly to the Metrolink Tracks approximately 800 feet west
of Macy Street. The extended limits will allow the City to expend all the CDBG funds
allocated for the paving project for fiscal year 2022/2023 and benefit the City with the
additional 4,560 feet of pavement rehabilitation and provide missing sidewalk and
ADA access ramps.
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There is no General Fund impact associated with this item. CDBG funding was
previously appropriated in the FY 2021/22 Capital Improvement Plan. To date, the
remaining CDBG budget for this project is $1,925,386.33 A Project budget for the
proposed work was previously established through the adopted FY 2021/22 Capital
Improvement Plan in the CDBG fund as follows:
Citywide Pavement Rehabilitation (CDBG, G.L. No. 119-160-8886*5504)
$1,628,207.00
The overall cost of the improvement work is as follows:
Original Construction Bid Amount $763,593.55
Contract Change Order
$643,910.10
Original Contract Contingency $76,359.40
Original Engineering and inspections $76,359.40
Contract Change Order Contingency $49,089.90
Staff Time $18,894.65
Total Amount $1,628,207.00
The existing section incorporated into the initial project scope adheres to the
Community Development Block Grant (CDBG) guidelines, specifying that the
extended street segment should seamlessly connect with the original segment.
Furthermore, following field inspections, visual assessments, and a pavement
evaluation report conducted in 2019, the Remaining Service Life (RSL) of the
pavement within the extended project limits was determined to fall within the
unacceptable distress range of 2 to 6 values.
The contractor is currently mobilized and has indicated that they can complete this
additional work by April 15, 2024, subject to timely issuance of a change order after
the council approval.
2021-2025 Strategic Targets and Goals:
This project is consistent with Key Target No.1e: Improved Operational & Financial
Capacity – Minimize risk and litigation exposure. Approval of this project will result in
public improvements being constructed that minimize risk and litigation exposure
through street improvements in the City.
Fiscal Impact:
There is no General Fund impact associated with this item. CDBG funding was
previously appropriated in the FY 2021/22 Capital Improvement Plan. To date, the
remaining CDBG budget for this project is $1,925,386.
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Conclusion:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the Director of Finance and Management Services to allocate an
additional $643,910.10 to fund the change order to complete the pavement
Improvements "Project"; and
2. Approve the Construction Contract Change Order with Matich Corporation
Company in the amount of $643,910.10 to complete the "Project"; and
3. Authorize the project construction and construction contingencies in the total
amount of $693,000 to provide pavements improvements to complete the
"Project"; and
4. Authorize the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Attachments:
Attachment 1 Change Order - Matich Corporation
Attachment 2 Agreement with Matich Corporation Company
Ward:
3
Synopsis of Previous Council Actions:
June 1, 2022 Mayor and City Council adopted Resolution No. 2022-102
approving and adopting the City of San Bernardino annual
operating budgets and capital Improvements plan (CIP) for FY
2023 and FY2024.
August 2, 2023 Mayor and City Council Awarded a construction contract to Matich
Corporation
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00 52 13 – CONTRACT FOR CONSTRUCTION PAVEMENT REHABILITATION AT THREE
LOCATIONS, 13579
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00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction of Pavement Rehabilitation at Three Locations, City Project No.
13579 (the “Contract”) is made and entered into this 2nd day of August 2023 by and between the
CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D
Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Matich
Corporation, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall
provide all labor, materials, equipment, tools, utility services, and transportation to complete all
of the Work required in strict compliance with the Contract Documents as specified in Article 5,
below, for the following Project:
PAVEMENT REHABILITATION AT THREE LOCATIONS, PROJECT NO: 13579
Contractor is an independent contractor and not an agent of the City. The Contractor and its
surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to
comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by
the Contract Documents within Fifty (50) working days from the commencement date stated in
the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set
forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and including all
applicable taxes and costs, the sum of
Seven Hundred Sixty Three Thousand Five Hundred Ninety Three Dollars and 55/100 cents
($763,593.55). Payment shall be made as set forth in the General Conditions. The City will pay to
Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day
completion of the Project is delayed beyond the Contract Time. Because of the nature of the
Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the
Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond
the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages
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00 52 13 – CONTRACT FOR CONSTRUCTION PAVEMENT REHABILITATION AT THREE
LOCATIONS, 13579
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and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City
may deduct that amount from any money due or that may become due the Contractor under the
Contract. This Section does not exclude recovery of other damages specified in the Contract
Documents. Liquidated damages may be deducted from progress payments due Contractor,
Project retention or may be collected directly from Contractor, or from Contractor's surety.
These provisions for liquidated damages shall not prevent the City, in case of Contractor's
default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition,
Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract
Appendix F - Other Federal Requirements
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of
conflict, the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
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00 52 13 – CONTRACT FOR CONSTRUCTION PAVEMENT REHABILITATION AT THREE
LOCATIONS, 13579
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ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply with all
requirements of applicable federal, state and local laws, rules and regulations, including, but not
limited to, the provisions of the California Labor Code and California Public Contract Code which
are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor
Code which such rates shall be made available at the City’s Office or may be obtained online at
http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered
fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the
False Claims Act, California Government Code sections 12650, et seq., provides for civil
penalties where a person knowingly submits a false claim to a public entity. These provisions
include within their scope false claims made with deliberate ignorance of the false information or
in reckless disregard of the truth or falsity of the information. In the event the City seeks to
recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs,
including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may
the Contractor to an administrative debarment proceeding wherein Contractor may be
prevented from further bidding on public contracts for a period of up to five (5) years.
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APPENDIX H - CENTER LINE TIES PAVEMENT REHABILITATION AT THREE
LOCATIONS, 13579
40
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named
parties, on the day and year above written.
CITY OF SAN BERNARDINO MATICH CORPORATION
By: _________________________
CHARLES E. McNEELY
Interim City Manager
By: _____________________________
Its: ______________________________
Printed Name: _____________________
ATTEST: _______________________
By: ____________________________
GENOVEVA CMC ROCHA
City Clerk
By: _____________________________
Its: ______________________________
Printed Name: ______________________
APPROVED AS TO FORM:
By: ______________________________
Best Best & Krieger LLP
City Attorney
Contractor’s License
(CONTRACTOR’S SIGNATURE MUST
BE NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
DIR Registration Number
END OF CONTRACT
DocuSign Envelope ID: 7DB8B950-0D12-44D1-97C1-48FA0F2056B3
Genoveva Rocha
1000004260
Jason G Jones
Vice President of Estimating
149783
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works
Department:Public Works
Subject:Cancellation of January 17, 2024, Public Hearing
Regarding Solid Waste Rate Increases and Resolution
Adopting Rates for Solid Waste Services, Approving
Third Amendment to the City’s Exclusive Franchise
Agreement for Integrated Solid Waste Collection,
Processing and Disposal Services with Burrtec Waste
Industries, Inc., and Finding the Action Exempt from
the California Environmental Quality Act
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Cancel the Proposition 218 Public Hearing to receive comments on the proposed
rate increases and Third Amendment to the City’s Exclusive Franchise
Agreement for Integrated Solid Waste collection, processing and disposal
Services with Burrtec Waste Industries, Inc. (“Burrtec”) on the January 17, 2024,
Mayor and City Council Meeting; and
2. Instruct staff to establish a new timeline for implementation of proposed rates (to
include public hearings), SB 1383 adoption, and potential amendments to the
City’s agreement with Burrtec Waste Industries, Inc. before July 30th, 2024.
Executive Summary
The City of San Bernardino (“City”) has an exclusive franchise agreement with
Burrtec Waste Industries, Inc. (“Burrtec”) to provide solid waste collection,
processing, and disposal services within the City. City staff is in the process of
working with an expert rate consultant and Burrtec to negotiate the rate increase
options for the consideration of the Mayor and City Council. As a result of changes to
the scope of the original public hearings, and other state-mandated requirements,
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staff is requesting a cancellation of the January 17, 2024, Public Hearing and is
developing a new timeline for Council consideration.
Background
On June 21, 2023, the City Council continued the Proposition 218 Hearing to January
17, 2024. The basis of the continuation was to direct staff to work with Burrtec to
explore an additional option to provide a lower cost to the residential rates and to
conduct a third-party rate analysis of rates.
Discussion
City staff has retained an expert rate consultant and is currently negotiating with
Burrtec to attempt to deliver an additional rate option for the consideration of the
Mayor and the City Council. This process now requires additional reviews, the
establishment of working meetings to discuss rate analysis results, and
implementation of new state program requirements.
At this time, staff is requesting a cancelation of the January 17, 2024, Public Hearing
until such time a thorough analysis is complete and viable recommendations can be
presented. This process now requires a reassessment and new methodology for
achieving the goals of potentially providing lower costs for residential rates and
complying with state regulations. Additional time to finalize the proposed options and
to prepare for a thorough follow-up presentation on rates for the City Council is also
required.
As part of this effort, staff also intends to provide the City Council with a specific
timeline for implementation of new rates resulting from SB1383 (organic waste
collection services), along with any potential amendments to the current franchise
agreement. In short, this process has evolved to include other important
requirements that have changed the scope of the original Public Hearings.
2021-2025 Strategic Targets and Goals
A Public Hearing to consider adjusting the Maximum Permitted Services Rates, as
well as the amendment of the Franchise agreement between the City and Burrtec,
meets Key Target No. 3c: Improved Quality of Life by evaluating and enhancing the
quality of public safety services and Key Target No. 3d: To improve the City’s
appearance, cleanliness, and attractiveness.
Fiscal Impact
There will be no costs incurred to the General Fund with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Cancel the Proposition 218 Public Hearing to receive comments on the proposed
rate increases and Third Amendment to the City’s Exclusive Franchise
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Agreement for Integrated Solid Waste collection, processing and disposal
Services with Burrtec Waste Industries, Inc. (“Burrtec”) on the January 17, 2024,
Mayor and City Council Meeting; and
2. Instruct staff to establish a new timeline for implementation of proposed rates (to
include public hearings), SB 1383 adoption, and potential amendments to the
City’s agreement with Burrtec Waste Industries, Inc. before July 30th, 2024.
Attachments
N/A
Ward:
All Wards
Synopsis of Previous Council Actions:
January 25, 2016,Resolution of the Mayor and City Council of City of San
Bernardino approving a ten-year Exclusive Franchise
Agreement for Integrated Solid Waste Collection, Professing,
and Disposal Services with Burrtec Waste Industries, Inc.
December 7, 2022,Notice of Intent to Conduct a Public Hearing on February 15,
2023, to Consider Adjusting the Maximum Permitted Service
Rates for Integrated Solid Waste Collection, Processing and
Disposal Services.
May 17, 2023, Public Hearing Regarding Solid Waste Rate Increases and
Resolution Adopting Rates for Solid Waste Services,
Approving Third Amendment to the City’s Exclusive
Franchise Agreement for Integrated Solid Waste Collection,
Processing and Disposal Services with Burrtec Waste
Industries, Inc., and Finding the Action Exempt from the
California Environmental Quality Act (All Wards).
June 21, 2023, Continuation, to July 19, 2023, of Public Hearing Regarding
Solid Waste Rate Increases and Resolution Adopting Rates
for Solid Waste Services, Approving Third Amendment to the
City’s Exclusive Franchise Agreement for Integrated Solid
Waste Collection, Processing and Disposal Services with
Burrtec Waste Industries, Inc., and Finding the Action
Exempt from the California Environmental Quality Act.
July 19, 2023, Continuation to September 6, 2023, of a Public Hearing
Regarding Solid Waste Rate Increases and Resolution
Adopting Rates for Solid Waste Services, Approving Third
Amendment to the City’s Exclusive Franchise Agreement for
Integrated Solid Waste Collection, Processing and Disposal
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Services with Burrtec Waste Industries, Inc., and Finding the
Action Exempt from the California Environmental Quality Act.
September 6, 2023, Continuation to January 17, 2024, of a Public Hearing
Regarding Solid Waste Rate Increases and Resolution
Adopting Rates for Solid Waste Services, Approving Third
Amendment to the City’s Exclusive Franchise Agreement for
Integrated Solid Waste Collection, Processing and Disposal
Services with Burrtec Waste Industries, Inc., and Finding the
Action Exempt from the California Environmental Quality Act.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works
Department:Public Works
Subject:Adoption of Ordinance No. MC-1622: Floodplain
Ordinance (FPO) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City
of San Bernardino municipal code; adopting flood hazard maps; designating City
Engineer as the floodplain administrator; and repealing Chapter 19.16 of the City of
San Bernardino municipal code.
Executive Summary:
The goal and objective is to adopt the latest floodplain regulations per state and
federal agencies in order for the City of San Bernardino (the “City”) to remain in the
National Flood Insurance Program. The National Flood Insurance Program (NFIP)
is administered by the Federal Emergency Management Agency (FEMA) and
enables property owners in participating communities to purchase insurance in
exchange for state and community floodplain management regulations to reduce
exposure to flooding and lessen the financial burden during disaster events.
Background
The U.S. Congress established the National Flood Insurance Program (NFIP) with
the passage of the National Flood Insurance Act of 1968. The NFIP is administered
by the Federal Emergency Management Agency (FEMA) and enables property
owners in participating communities to purchase insurance in exchange for state
and community floodplain management regulations to reduce exposure to flooding
and lessen the financial burden during future disaster events. Jurisdictions such as
the City may participate in the NFIP subject to certain ongoing federal and state
requirements. The NFIP is based on a mutual agreement between the Federal
Government and communities such as the City. Communities that participate agree
to regulate development in mapped flood hazard areas according to certain criteria
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and standards as stated above. In order to remain enrolled in the NFIP, the City
needs to continuously update its Floodplain Ordinance to reflect new regulations.
On October 18, 2023, the Mayor and City Council was presented with the
Introduction of Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City of
San Bernardino municipal code; adopting flood hazard maps; designating a
floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino
municipal code.
Discussion
Ordinance No. MC-1622 adopts a new Chapter 8.79 of the City of San Bernardino
municipal code; adopts flood hazard maps; designates the City Engineer as the
floodplain administrator; and repeals Chapter 19.16 of the City of San Bernardino
municipal code.
On October 18, 2023, ordinance No. MC-1622 was introduced, read by title only,
and had further reading waived by the Mayor and City Council. The Ordinance is
now being returned to the Mayor and City Council for adoption. The Ordinance will
become effective 30 days from the date of adoption.
2021-2025 Strategic Targets and Goals
Adoption of this Ordinance aligns with the City’s Guiding Principles, as set forth in the
2020-2025 “Key Strategic Targets and Goals” document. In particular, the Ordinance
furthers:
•Key Target No. 1: Improved Financial & Operational Capacity. This action will
help enable property owners to purchase federally backed flood insurance to
provide financial protection against flood losses, reduce potential hazards, and
minimize the risks associated with flooding.
•Key Target No. 3: Improved Quality of Life. Specifically, updating the Flood Plain
Overlay zone as reflected in Chapter 19.16 of the City’s Municipal Code will help
the City maintain its enrollment in the NFIP, which will in turn help protect public
health, safety, and general welfare by ensuring the City remains up to date with
applicable federal and state floodplain laws and regulations.
Fiscal Impact
There is no fiscal impact to the City‘s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City
of San Bernardino municipal code; adopting flood hazard maps; designating City
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Engineer as the floodplain administrator; and repealing Chapter 19.16 of the City of
San Bernardino municipal code.
Attachments
Attachment 1 - Ordinance No. MC-1622
Attachment 2 - Presentation PowerPoint
Ward:
All Wards
Synopsis of Previous Council Actions:
October 18, 2023 The Mayor and City Council of the City of San Bernardino,
California, introduce, read by title, and waive further reading
of Ordinance No. MC-1622: adopting a new Chapter 8.79 of
the City of San Bernardino municipal code; adopting flood
hazard maps; designating a floodplain administrator; and
repealing Chapter 19.16 of the City of San Bernardino
municipal code.
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Ordinance No. MC-1622
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ORDINANCE NO. MC-1622
AN ORDINANCE BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO ADOPTING A NEW
CHAPTER 8.79 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE; ADOPTING FLOOD HAZARD MAPS;
DESIGNATING A FLOODPLAIN ADMINISTRATOR; AND
REPEALING CHAPTER 19.16 OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE.
WHEREAS, the Legislature of the State of California has, in Government Code Sections
65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the City of San Bernardino and such areas may be subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare, and
WHEREAS, the City of San Bernardino was accepted for participation in the National
Flood Insurance Program on July 16, 1979, and the Mayor and City Council of the City of San
Bernardino desires to continue to meet the requirements of Title 44 Code of Federal Regulations,
Sections 59 and 60, necessary for such participation; and
WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and
Part 2.5, the City of San Bernardino is required to administer and enforce the California Building
Standards Code, and such building codes contain certain provisions that apply to the design and
construction of buildings and structures in flood hazard areas; and
WHEREAS, the Mayor and City Council of the City of San Bernardino has determined
that it is in the public interest to adopt the proposed floodplain management regulations that are
coordinated with the California Building Standards Code.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Adoption of Chapter 8.79. Chapter 8.79 of Title 8 of the San Bernardino Municipal
Code is hereby adopted to read in its entirety as follows:
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“CHAPTER 8.79
FLOODPLAIN MANAGEMENT
PART I. – SCOPE AND ADMINISTRATION
ARTICLE 101 GENERAL PROVISIONS
8.79.010 - Title. This chapter, in combination with the flood provisions of California Code of
Regulations Title 24, the California Building Standards Code (hereinafter “building codes,”
consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related
codes), shall be known as the Floodplain Management Regulations of the City of San
Bernardino.
8.79.020 - Statutory authority. The legislature of the State of California has, in Government Code
Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its citizenry.
8.79.030 - Scope. The provisions of this chapter, in combination with the flood provisions of the
building codes, shall apply to all proposed development entirely or partially in flood hazard areas
established in Section 8.79.110 of this chapter.
8.79.040 – Purposes and objectives. The purposes and objectives of this chapter and the flood
load and flood resistant construction requirements of the building codes are to promote the public
health, safety, and general welfare and to minimize public and private losses due to flood
conditions in specific flood hazard areas through the establishment of comprehensive regulations
for management of flood hazard areas, designed to:
a) Minimize unnecessary disruption of commerce, access and public service during times of
flooding.
b) Require the use of appropriate construction practices in order to prevent or minimize future
flood damage.
c) Manage the alteration of natural floodplains, stream channels and shorelines to minimize
the impact of development on the natural and beneficial functions of the floodplain.
d) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage
of equipment or materials, and other development which may increase flood damage or
erosion potential.
e) Prevent or regulate the construction of flood barriers which will divert floodwater or
increase flood hazards.
f) Contribute to improved construction techniques in the floodplain.
g) Minimize damage to public and private facilities and utilities.
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h) Help maintain a stable tax base by providing for the sound use and development of flood
hazard areas.
i) Minimize the need for rescue and relief efforts associated with flooding.
j) Ensure that property owners, occupants, and potential owners are aware of property located
in flood hazard areas.
k) Minimize the need for future expenditure of public funds for flood control projects and
response to and recovery from flood events.
l) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
8.79.050 - Coordination with the California Building Standards Code. Pursuant to the
requirement established in State statute that the City of San Bernardino administer and enforce
the California Building Standards Code, the Mayor and City Council of the City of San
Bernardino hereby acknowledges that the building codes contain certain provisions that apply to
the design and construction of buildings and structures in flood hazard areas. Therefore, this
chapter is intended to be administered and enforced in conjunction with the building codes.
8.79.060 - Warning. The degree of flood protection required by this chapter and the building codes
is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur. Flood heights may be increased by man-made or
natural causes. Enforcement of this chapter and the building codes does not imply that land outside the
special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from
flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood
Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of
Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management
Agency, requiring this community to revise this chapter to remain eligible for participation in the
National Flood Insurance Program. No guaranty of vested use, existing use, or future use is
implied or expressed by compliance with this chapter.
8.79.070 - Disclaimer of liability. These regulations shall not create liability on the part of Mayor
and City Council of the City of San Bernardino, any officer or employee thereof, the State of
California, or the Federal Emergency Management Agency, for any flood damage that results from
reliance on this chapter, or any administrative decision lawfully made hereunder. The Floodplain
Administrator and any employee charged with the enforcement of this chapter, while acting for
the community in good faith and without malice in the discharge of the duties required by this
chapter or other pertinent law or ordinance, shall not thereby be rendered liable personally and is
hereby relieved from personal liability for any damage accruing to persons or property as a result
of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted
against an officer or employee because of an act performed by that officer or employee in the
lawful discharge of duties and under the provisions of this chapter shall be defended by a legal
representative of the community until the final termination of the proceedings. The Floodplain
Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that
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is instituted in pursuance of the provisions of this chapter.
8.79.080 - Other laws. The provisions of this chapter shall not be deemed to nullify any provisions
of local, State or federal law.
8.79.090 - Abrogation and greater restrictions. These regulations supersede any ordinance in
effect in flood hazard areas. However, this chapter is not intended to repeal, abrogate, or impair
any existing ordinances including land development regulations, subdivision regulations, zoning
ordinances, stormwater management regulations, or building codes, nor any existing easements,
covenants, or deed restrictions. In the event of an overlap or conflict between this chapter and any
other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall
govern.
ARTICLE 102 APPLICABILITY
8.79.100 - General applicability. These regulations, in conjunction with the building codes,
provide minimum requirements for development located in flood hazard areas, including the
subdivision of land; filling, grading and other site improvements; installation of utilities;
installation, placement and replacement of manufactured homes; placement of recreational
vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility
and miscellaneous Group U buildings and structures; certain building work exempt from permit
under the building codes; and flood control projects.
8.79.110 - Establishment of flood hazard areas. The Flood Insurance Study for the County of
San Bernardino, California and Incorporated Areas dated July 16, 1979, and all subsequent
amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all
subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of
this chapter and serve as the basis for establishing flood hazard areas. Where the building code
establishes flood hazard areas, such areas are established by this section. Additional maps and
studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood
hazard areas. Maps and studies that establish flood hazard areas are on file at the following
address: 825 E Third St. San Bernardino, CA 92415, County of San Bernardino, Department
of Public Works.
8.79.120 - Interpretation. In the interpretation and application of this chapter, all provisions shall
be:
a) Considered as minimum requirements.
b) Liberally construed in favor of the governing body.
c) Deemed neither to limit nor repeal any other powers granted under state statutes.
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ARTICLE 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
8.79.130 - Designation. The City Engineer is designated the Floodplain Administrator. The
Floodplain Administrator shall have the authority to delegate the performance of certain duties to
other employees.
8.79.140 - General authority. The Floodplain Administrator is authorized and directed to
administer and enforce this chapter. The Floodplain Administrator shall have the authority to
render interpretations of this chapter and to establish policies and procedures in order to clarify the
application of its provisions. Such interpretations, policies and procedures shall be consistent with
the intent and purpose of this chapter and the flood provisions of the building code and shall not
have the effect of waiving specific requirements without the granting of a variance pursuant to
Article 107 of this chapter. The Floodplain Administrator is authorized to waive the submission of
site plans, construction documents, and other data that are required by this chapter but that are not
required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer
when it is found that the nature of the proposed development is such that the review of such
submissions is not necessary to ascertain compliance with this chapter.
8.79.150 - Coordination. The Floodplain Administrator shall coordinate with and provide
comments to the Building Official to administer and enforce the flood provisions of the building
code and to ensure compliance with the applicable provisions of this chapter. The Floodplain
Administrator and the Building Official have the authority to establish written procedures for
reviewing applications and conducting inspections for buildings and for administering and
documenting determinations of substantial improvement and substantial damage made pursuant to
Section 8.79.170 of this chapter.
8.79.160 - Duties. The Floodplain Administrator, in coordination with other pertinent offices of
the community, shall:
a) Review all permit applications and plans to determine whether proposed development is
located in flood hazard areas.
b) Review all applications and plans for development in flood hazard areas for compliance
with this chapter.
c) Review, in coordination with the Building Official, required design certifications and
documentation of elevations specified by the building code to determine that such
certifications and documentations are complete.
d) Review applications and plans for modification of any existing development in flood
hazard areas for compliance with this chapter.
e) Require development in flood hazard areas to be reasonably safe from flooding and to be
designed and constructed with methods, practices and materials that minimize flood
damage.
f) Interpret flood hazard area boundaries and provide available flood elevation and flood
hazard information.
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g) Determine whether additional flood hazard data shall be obtained from other sources or
developed by the applicant.
h) Complete the appropriate section of the Department of Housing and Community
Development Floodplain Ordinance Compliance Certification for Manufactured
Home/Mobil home Installations when submitted by applicants.
i) Review requests submitted to the Building Official seeking approval to modify the strict
application of the flood load and flood resistant construction requirements of the building
code, to determine whether such requests require consideration as a variance pursuant to
Article 107 of this chapter.
j) Coordinate with the Building Official and others to identify and investigate damaged
buildings located in flood hazard areas and inform owners of the requirement to obtain
permits for repairs.
k) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps when the analyses indicate changes in base flood
elevations, flood hazard area boundaries, or floodway designations; such submissions
shall be made within 6 months of such data becoming available.
l) Require applicants who propose alteration of a watercourse to notify adjacent
communities and the NFIP State Coordinating Agency, and to submit copies of such
notifications to the Federal Emergency Management Agency (FEMA).
m) Inspect development in accordance with Article 106 of this chapter and inspect flood
hazard areas to determine when development is undertaken without issuance of permits.
n) Prepare comments and recommendations for consideration when applicants seek
variances for development other than buildings in accordance with Article 107 of this
chapter.
o) Cite violations in accordance with Article 108 of this chapter.
p) Notify FEMA when the corporate boundaries of the City of San Bernardino have been
modified and provide a map and legal description of the changes in the corporate
boundaries.
8.79.170 - Substantial improvement and substantial damage determinations. For applications
for building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage, and any other improvement of or work on such
buildings and structures, the Floodplain Administrator, in coordination with the Building Official,
shall:
a) Estimate the market value or require the applicant to obtain an appraisal of the market value
prepared by a qualified independent appraiser, of the building or structure before the start
of construction of the proposed work; in the case of repair, the market value of the building
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or structure shall be the market value before the damage occurred and before any repairs
are made.
b) Compare the cost to perform the improvement, the cost to repair the damaged building to
its pre-damaged condition, or the combined costs of improvements and repairs, when
applicable, to the market value of the building or structure.
c) Determine and document whether the proposed work constitutes substantial improvement
or repair of substantial damage.
d) Notify the applicant when it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood resistant
construction requirements of the building code is required and notify the applicant when it
is determined that work does not constitute substantial improvement or repair of substantial
damage.
8.79.180 - Department records. In addition to the requirements of the building code and this
chapter, and regardless of any limitation on the period required for retention of public records, the
Floodplain Administrator shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of this chapter and the flood
provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate
Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and
denial of permits; determinations of whether proposed work constitutes substantial improvement
or repair of substantial damage; required certifications and documentation specified by the
building codes and this chapter; notifications to adjacent communities, FEMA, and the State
related to alterations of watercourses; assurance that the flood carrying capacity of altered
waterways will be maintained; documentation related to variances, including justification for
issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood
resistant provisions of the building codes.
ARTICLE 104 PERMITS FOR FLOODPLAIN DEVELOPMENT
8.79.190 - Permits required. Any person, owner or authorized agent who intends to conduct any
development in a flood hazard area shall first make an application to the Floodplain Administrator
and shall obtain the required permit for floodplain development. No permit shall be issued until
compliance with the requirements of this chapter and all other applicable codes and regulations
has been satisfied. No building permit shall be issued based on Conditional Letters of Map
Revision issued by FEMA. Depending on the nature and extent of proposed development that
includes a building or structure, the Floodplain Administrator may determine a permit for
floodplain development is required in addition to a building permit.
8.79.200 - Application for permit. The applicant shall file an application in writing on a form
furnished by the Floodplain Administrator. The information provided shall:
a) Identify and describe the development to be covered by the permit.
b) Describe the land on which the proposed development is to be conducted by legal
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description, street address or similar description that will readily identify and definitely
locate the site.
c) Indicate the use and occupancy for which the proposed development is intended.
d) Be accompanied by a site plan and construction documents as specified in Article 105 of
this chapter, including grading, excavation and filling plans and other information deemed
appropriate by the Floodplain Administrator.
e) State the valuation of the proposed work.
f) Be signed by the applicant or the applicant's authorized agent.
g) Include such other data and information required by the Floodplain Administrator to
demonstrate compliance with this chapter.
8.79.210 - Validity of permit. The issuance of a permit for floodplain development under this
chapter or the building codes shall not be construed to be a permit for, or approval of, any violation
of this chapter, the building code, or any other ordinance of the community. The issuance of a
permit for floodplain development based on submitted documents and information shall not
prevent the Floodplain Administrator from requiring the correction of errors and omissions. The
Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is
in violation of this chapter.
8.79.220 - Other permits required. The applicant shall obtain all other required state and federal
permits prior to initiating work authorized by this chapter and shall provide documentation of such
permits to the Floodplain Administrator. Such permits include but are not limited to the California
State Water Resources Control Board for activities that affect wetlands and alter surface water
flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
8.79.230 - Expiration. A permit for floodplain development shall become invalid when the
proposed development is not commenced within 180 days after its issuance, or when the work
authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain
Administrator is authorized to grant, in writing, one or more extensions of time, for periods not
more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance
Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries,
flood zones, or base flood elevations, in which case the permit is invalid.
8.79.240 - Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a permit for floodplain development issued under this chapter wherever the permit is issued
in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this
chapter or any ordinance or code of this community.
8.79.250 - Appeals of decisions. When it is alleged, there is an error in any decision or
determination made by the Floodplain Administrator in the interpretation or enforcement of this
chapter, such decision or determination may be appealed to the Council, Commission, and
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Development Review Committee (DRC) by filing a written appeal setting forth the reasons of
the appeal.
ARTICLE 105 SITE PLANS AND CONSTRUCTION DOCUMENTS
8.79.260 - Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this chapter shall be drawn to scale
and shall include, as applicable to the proposed development:
a) Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood
elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage
patterns and facilities when necessary for review of the proposed development.
b) Where base flood elevations or floodway data are not included on the FIRM or in the Flood
Insurance Study, they shall be established in accordance with Section 8.79.270 or Section
8.79.280 of this chapter.
c) Where the parcel on which the proposed development will take place will have more than
50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or
in the Flood Insurance Study, such elevations shall be established in accordance with
Section 8.79.270(b) of this chapter.
d) Location of the proposed activity and proposed structures; locations of water supply,
sanitary sewer, and other utilities; and locations of existing buildings and structures.
e) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
f) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
g) Existing and proposed alignment of any proposed alteration of a watercourse.
8.79.270 - Information in flood hazard areas without base flood elevations (approximate
Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data
have not been provided, the Floodplain Administrator is authorized to:
a) Require the applicant to include base flood elevation data prepared by a qualified CA
Licensed Civil Engineer in accordance with currently accepted engineering practices.
Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer.
Studies, analyses and computations shall be submitted in sufficient detail to allow review
and approval by the Floodplain Administrator. The accuracy of data submitted for such
determination shall be the responsibility of the applicant.
b) Obtain, review, and provide to applicants base flood elevation and floodway data available
from a federal or state agency or other source or require the applicant to obtain and use
base flood elevation and floodway data available from a federal or state agency or other
source.
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c) Where base flood elevation and floodway data are not available from another source,
where the available data are deemed by the Floodplain Administrator to not reasonably
reflect flooding conditions, or where the available data are known to be scientifically or
technically incorrect or otherwise inadequate:
1) Require the applicant to include base flood elevation data in accordance with
Section 8.79.270(a) of this chapter; or
2) Specify that the base flood elevation is two (2) feet above the highest adjacent
grade at the location of the development, provided there is no evidence
indicating flood depths have been or may be greater than two (2) feet.
d) Where the base flood elevation data are to be used to support a request for a Letter of Map
Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified
CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the
responsibility of the applicant to satisfy the submittal requirements and pay the processing
fees.
8.79.280 - Additional analyses and certifications. As applicable to the location and nature of
the proposed development activity, and in addition to the requirements of this chapter, the
applicant shall have the following analyses signed and sealed by a qualified CA Licensed Civil
Engineer for submission with the site plan and construction documents:
a) For development activities proposed to be located in a floodway, a floodway encroachment
analysis that demonstrates that the encroachment of the proposed development will not
cause any increase in base flood elevations; where the applicant proposes to undertake
development activities that do increase base flood elevations, the applicant shall submit
such analysis to FEMA as specified in Section 8.79.290 of this chapter and shall submit
the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and
construction documents.
b) For development activities proposed to be located in a riverine flood hazard area where
base flood elevations are included in the Flood Insurance Study or on the FIRM but
floodways have not been designated, hydrologic and hydraulic analyses that demonstrate
that the cumulative effect of the proposed development, when combined with all other
existing and anticipated flood hazard area encroachments, will not increase the base flood
elevation more than one (1) foot at any point within the community. This requirement does
not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in
flood hazard areas identified as Zone AO or Zone AH.
c) For alteration of a watercourse, an engineering analysis prepared in accordance with
standard engineering practices that demonstrates the flood-carrying capacity of the altered
or relocated portion of the watercourse will not be decreased, and certification that the
altered watercourse shall be maintained in a manner which preserves the channel's flood-
carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section
8.79.290 of this chapter. The applicant shall notify the chief executive officer of adjacent
communities and the California Department of Water Resources. The Floodplain
Administrator shall maintain a copy of the notification in the permit records and shall
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submit a copy to FEMA.
8.79.290 - Submission of additional data. When additional hydrologic, hydraulic or other
engineering data, studies, and additional analyses are submitted to support an application, the
applicant has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a
qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and
processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional
Letter of Map Revision, construction of proposed flood control projects and land preparation for
development are permitted, including clearing, excavation, grading, and filling. Permits for
construction of buildings shall not be issued until the applicant satisfies the FEMA requirements
for issuance of a Letter of Map Revision.
ARTICLE 106 INSPECTIONS
8.79.300 - Inspections, in general. Development for which a permit for floodplain development
is required shall be subject to inspection. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of this chapter or the building code.
Inspections presuming to give authority to violate or cancel the provisions of this chapter or the
building code or other ordinances shall not be valid.
8.79.310 - Inspections of development other than buildings and structures. The Floodplain
Administrator shall make or cause to be made, inspections of all development other than buildings
and structures that is authorized by issuance of a permit for floodplain development under this
chapter. The Floodplain Administrator shall inspect flood hazard areas from time to time to
determine when development is undertaken without issuance of a permit.
8.79.320 - Inspections of manufactured homes installations. The Floodplain Administrator shall
make or cause to be made, inspections of installation and replacement of manufactured homes in
flood hazard areas authorized by issuance of a permit for floodplain development under this
chapter. Upon installation of a manufactured home and receipt of the elevation certification
required in Section 8.79.580 of this chapter the Floodplain Administrator shall inspect the
installation or have the installation inspected.
8.79.330 - Buildings and structures. The Building Official shall make or cause to be made,
inspections for buildings and structures in flood hazard areas authorized by permit, in accordance
with the building code:
a)Lowest floor elevation. Upon placement of the lowest floor, including the basement, and
prior to further vertical construction, certification of the elevation required in the building
code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted
to the building official.
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b)Final inspection. Prior to the final inspection, certification of the elevation required in the
building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and
submitted to the building official.
ARTICLE 107 VARIANCES
8.79.340 - Nature of variances. The considerations and conditions for variances set forth in this
article are based on the general principle of zoning law that variances pertain to a piece of property
and are not personal in nature. A variance may be issued for a parcel of property with physical
characteristics so unusual that complying with the requirements of this chapter would create an
exceptional hardship to the applicant or the surrounding property owners. The characteristics must
be unique to the property and not be shared by adjacent parcels. The unique characteristic must
pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance
of a variance is for floodplain management purposes only. Federal flood insurance premium rates
are determined by the National Flood Insurance Program according to actuarial risk and will not
be modified by the granting of a variance.
It is the duty of the Mayor and City Council of the City of San Bernardino to promote public
health, safety and welfare and minimize losses from flooding. This duty is so compelling and the
implications of property damage and the cost of insuring a structure built below flood level are so
serious that variances from the elevation or other requirements in the building codes should be
quite rare. The long term goal of preventing and reducing flood loss and damage, and minimizing
recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly
limited. Therefore, the variance requirements in this chapter are detailed and contain multiple
provisions that must be met before a variance can be properly issued. The criteria are designed to
screen out those situations in which alternatives other than a variance are more appropriate.
8.79.350 – Variances; general. The Development Review Committee (DRC) shall hear and
decide requests for variances from the strict application of this chapter.
8.79.360 - Limitations on authority. The Development Review Committee (DRC) shall base
its determination on technical justifications submitted by applicants, the considerations and
conditions set forth in this article, the comments and recommendations of the Floodplain
Administrator and Building Official, as applicable, and has the right to attach such conditions to
variances as it deems necessary to further the purposes and objectives of this chapter and the
building code.
8.79.370 - Records. The Floodplain Administrator shall maintain a permanent record of all
variance actions, including justification for issuance.
8.79.380 - Historic structures. A variance is authorized to be issued for the repair, improvement,
or rehabilitation of a historic structure upon a determination that the proposed repair, improvement,
or rehabilitation will not preclude the structure's continued designation as a historic structure, and
the variance is the minimum necessary to preserve the historic character and design of the structure.
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When the proposed work precludes the structure’s continued designation as a historic building, a
variance shall not be granted and the structure and any repair, improvement, and rehabilitation
shall be subject to the requirements of the building code.
8.79.390 - Restrictions in floodways. A variance shall not be issued for any proposed
development in a floodway when any increase in flood levels would result during the base flood
discharge, as evidenced by the applicable analyses required in Section 8.79.280(a) of this chapter.
8.79.400 - Functionally dependent uses. A variance is authorized to be issued for the construction
or substantial improvement necessary for the conduct of a functionally dependent use provided the
criteria in Section 1612 of the building code (CCR Title 24 Part 2) or Section R322 of the
residential code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum
necessary to allow the construction or substantial improvement, and that all due consideration has
been given to use of methods and materials that minimize flood damages during the base flood
and create no additional threats to public safety.
8.79.410 - Considerations for issuance of variances. In reviewing applications for variances, all
technical evaluations, all relevant factors, all other requirements of this chapter and the building
code, as applicable, and the following shall be considered:
a) The danger that materials and debris may be swept onto other lands resulting in further
injury or damage.
b) The danger to life and property due to flooding or erosion damage.
c) The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners.
d) The importance of the services provided by the proposed development to the community.
e) The availability of alternate locations for the proposed development that are not subject to
flooding or erosion and the necessity of a waterfront location, where applicable.
f) The compatibility of the proposed development with existing and anticipated development.
g) The relationship of the proposed development to the comprehensive plan and floodplain
management program for that area.
h) The safety of access to the property in times of flood for ordinary and emergency vehicles.
i) The expected heights, velocity, duration, rate of rise and debris and sediment transport of
the floodwater and the effects of wave action, if applicable, expected at the site.
j) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, streets and bridges.
8.79.420 - Conditions for issuance of variances. Variances shall only be issued upon:
a) Submission by the applicant of a showing of good and sufficient cause that the unique
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characteristics of the size, configuration or topography of the site limit compliance with
any provision of this chapter or renders the elevation standards of the building code
inappropriate.
b) A determination that failure to grant the variance would result in exceptional hardship due
to the physical characteristics of the land that render the lot undevelopable.
c) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or future property owners, or conflict with
existing local laws or ordinances.
d) A determination that the variance is the minimum necessary, considering the flood hazard,
to afford relief.
e) When the request is to allow construction of the lowest floor of a new building or
substantial improvement of a building below the base flood elevation, notification to the
applicant in writing over the signature of the Floodplain Administrator specifying the
difference between the base flood elevation and the proposed elevation of the lowest floor,
stating that issuance of a variance to construct below the elevation required in the building
code will result in increased premium rates for federal flood insurance up to amounts as
high as $25 for $100 of insurance coverage, and that such construction below the required
elevation increases risks to life and property.
ARTICLE 108 VIOLATIONS
8.79.430 - Violations. Any development in any flood hazard area that is being performed without
an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building
or structure without the documentation of the elevation of the lowest floor, other required design
certifications, or other evidence of compliance required by this chapter or the building code, is
presumed to be a violation until such time as required documentation is submitted. Violation of
the requirements shall constitute a misdemeanor.
8.79.440 - Authority. The Floodplain Administrator is authorized to serve notices of violation or
stop work orders to owners of property involved, to the owner’s agent, or to the person or persons
doing the work for development that is not within the scope of the building codes, but is regulated
by this chapter and that is determined to be a violation.
8.79.450 - Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that person is directed
to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as
prescribed by law. Penalties, fines, and remediation fees will be determined by Public Works
Department on case-by-case basis.
PART II. – DEFINITIONS
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ARTICLE 201 DEFINITIONS
8.79.460 – General. The following words and terms shall, for the purposes of this chapter, have
the meanings shown herein. Where terms are not defined in this chapter and are defined in the
building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such
terms shall have the meanings ascribed to them in those codes. Where terms are not defined in this
chapter or the building code, such terms shall have ordinarily accepted meanings such as the
context implies.
8.79.470 - Definitions
“Accessory Structure” means a structure on the same parcel of property as a principal structure
and the use of which is incidental to the use of the principal structure. For floodplain management
purposes, the term includes only accessory structures used for parking and storage.
“Alteration of a watercourse” means a dam, impoundment, channel relocation, change in
channel alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the direction
and/or velocity of the riverine flow of water during conditions of the base flood.
“ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the
building code, developed and published by the American Society of Civil Engineers, Reston, VA.
Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.
“Base flood” means the flood having a 1-percent chance of being equaled or exceeded in any
given year. [Also defined in CCR Title 24 Part 2.]
”Base flood elevation” means the elevation of the base flood, including wave height, relative to
the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.]
“Basement” means, for the purpose of floodplain management, the portion of a building having
its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.]
“Building code” means California Code of Regulations Title 24, the California Building
Standards Code, the family of building codes specifically adopted by the State of California and
composed of:
(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this
part.
(2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three
stories, and accessory structures.
(3) Part 10, applicable to existing buildings (as defined in that code).
(4) Other specified codes.
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“Design flood” means the flood associated with the greater of the following two areas: [Also
defined in CCR Title 24 Part 2.]
(1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.
(2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise
legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height,
relative to the datum specified on the community’s legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest existing
grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard
map. In areas designated as Zone AO where a depth number is not specified on the map, the depth
number shall be taken as being equal to 2 feet (610 mm). [Also defined in CCR Title 24 Part 2.]
“Development” means any manmade change to improved or unimproved real estate, including
but not limited to, buildings or other structures, temporary structures, temporary or permanent
storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations,
flood control projects, and other land-disturbing activities.
“Encroachment” means the placement of fill, excavation, buildings, permanent structures or
other development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
"Exceptional hardship" means, for the purpose of variances from this chapter or the building
code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere
economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule,
qualify as exceptional hardships. All of these circumstances can be resolved through other means
without granting variances, even when the alternatives are more expensive or require the property
owner to build elsewhere or put the parcel to a different use than originally intended.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) was completed before July
16, 1979.
"Expansion to an existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
“Flood or flooding” means a general and temporary condition of partial or complete inundation
of normally dry land from:
(1) The overflow of inland or tidal waters.
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(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding.
“Flood control project” means a dam or barrier design and constructed to keep water away from
or out of a specified area, including but not limited to levees, floodwalls, and channelization.
“Flood damage-resistant materials” means any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that requires more
than cosmetic repair. [Also defined in CCR Title 24 Part 2.]
“Flood hazard area” means the greater of the following two areas: [Also defined in CCR Title
24 Part 2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or
otherwise legally designated.
“Flood Insurance Rate Map (FIRM)” means an official map of a community on which the
Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard
areas and the risk premium zones applicable to the community. [Also defined in CCR Title 24
Part 2.]
”Flood Insurance Study” means the official report provided by the Federal Emergency
Management Agency containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and
Floodway Map (FBFM), the water surface elevation of the base flood and supporting technical
data. [Also defined in CCR Title 24 Part 2.]
“Floodplain Administrator” means the community official designated by title to administer and
enforce the floodplain management regulations.
“Floodway” means the channel of the river, creek or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height. [Also defined in CCR Title 24 Part 2.]
"Fraud or victimization" means, for the purpose of variances from this chapter or the building
code, the intentional use of deceit to deprive another of rights or property, making a victim of the
deprived person or the public. As it pertains to buildings granted variances to be constructed below
the elevation required by the building code, future owners or tenants of such buildings and the
community as a whole may bear the burden of increased risk of damage from floods, increased
cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.
“Functionally dependent use” means a use that cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
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necessary for the loading or unloading of cargo or passengers, and shipbuilding or ship repair
facilities. The term does not include long-term storage, manufacture, sales or service facilities.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
"Historic structure" means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(3) Individually listed on the inventory of historic places maintained by the California Office
of Historic Preservation; or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified by the California Office of Historic
Preservation.
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends
or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that
a property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective Flood Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel
of land has been elevated by fill above the base flood elevation and is, therefore, no longer
located within the special flood hazard area. In order to qualify for this determination, the
fill must have been permitted and placed in accordance with the community’s floodplain
management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
“Light-duty truck” means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500
pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds
or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
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(1) Designed primarily for purposes of transportation of property or is a derivation of such a
vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than twelve
(12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement, but
excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building
access or limited storage provided that such enclosure is not built so as to render the structure in
violation of the non-elevation requirements of the building codes. [Also defined in CCR Title 24
Part 2.]
“Manufactured home” means a structure that is transportable in one or more sections, built on a
permanent chassis, designed for use as a single-family dwelling with or without a permanent
foundation when connected to the required utilities, and constructed to the Manufactured Home
Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban
Development. Also see definitions in Health and Safety Code sections18000.(a)(2) and 18001.(a).
For the purposes of floodplain management, the term also includes mobile homes and recreational
vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site
for 180 consecutive days or longer.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
“Market value” means the price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings
and structures, excluding the land and other improvements on the parcel. Market value may be
established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated
for age and quality of construction), (2) tax assessment value adjusted to approximate market value
by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) was completed on or after
July 16, 1979.
"Nuisance" means that which is injurious to safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or
use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
“Permit for floodplain development” means an official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specified development activities that are located in flood hazard areas and that are determined to
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be compliant with this chapter.
“Recreational vehicle” means a vehicle that is built on a single chassis, 400 square feet (37.16
m2) or less when measured at the largest horizontal projection, designed to be self-propelled or
permanently towable by a light-duty truck, and designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A
recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices and has no permanently
attached additions. Also see definitions in Health and Safety Code section 18010.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,
brook, etc.
"Special flood hazard area (SFHA)" means the land area subject to flood hazards and shown on
a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH,
V, VO, VE, or V1-30. [Also defined in CCR Title 24 Part 2.]
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.]
“Substantial improvement” means any repair, reconstruction, rehabilitation, alteration, addition
or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the improvement or repair is started. When the structure
has sustained substantial damage, any repairs are considered substantial improvement regardless
of the actual repair work performed. The term does not, however, include either: [Also defined in
CCR Title 24 Part 2.]
(1) Any project for improvement of a building required to correct existing health, sanitary or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
“Utility and Miscellaneous Group U” means buildings and structures of an accessory character
and miscellaneous structure not classified in any special occupancy, as described in the building
code.
“Variance” means a grant of relief from the requirements of this chapter which permits
construction in a manner otherwise prohibited and where specific enforcement would result in
exceptional hardship.
“Violation” means a development that is not fully compliant with this chapter or the flood
provisions of the building code, as applicable.
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“Watercourse” means a river, creek, stream, channel or other topographic feature in, on, through,
or over which water flows at least periodically.
PART III. – FLOOD RESISTANT DEVELOPMENT
ARTICLE 301 BUILDINGS AND STRUCTURES
8.79.480 - Requirements for buildings and structures in flood hazard areas. Applications for
building and structures within the scope of the building code that are proposed in flood hazard
areas shall comply with the applicable requirements of the building code.
8.79.490 – Detached garages and accessory storage structures. Detached garages and accessory
storage structures used only for parking or storage are permitted below the base flood elevation
provided the garages and accessory storage structures:
a) Are one story and not larger than 600 square feet in area when located in special flood
hazard areas.
b) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
c) Have flood openings in accordance with the building code.
d) Have flood damage-resistant materials used below the base flood elevation.
e) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
to or above the base flood elevation.
8.79.500 - Utility and Miscellaneous Group U. Utility and miscellaneous Group U includes
buildings that are accessory in character and miscellaneous structures not classified in any specific
occupancy in the building code, including, but not limited to, agricultural buildings, aircraft
hangars (accessory to a one- or two-family residence), barns, carports, fences more than 6 feet
(1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters,
private garages, retaining walls, sheds, stables, and towers. In addition to the building code
requirements for fire and life safety, the following shall apply to utility and miscellaneous Group
U buildings and structures in flood hazard areas:
a) New construction and substantial improvement of such buildings and structures shall be
anchored to prevent flotation, collapse or lateral movement resulting from flood loads,
including the effects of buoyancy, during conditions of the design flood.
b) New construction and substantial improvement of such buildings and structures, when fully
enclosed by walls, shall be elevated such that the lowest floor, including basement, is
elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry
floodproofed in accordance with ASCE 24.
c) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be
constructed in accordance with ASCE 24 and limited to parking, storage, and building
access.
d) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE
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24.
e) Flood damage-resistant materials shall be used below the design flood elevation.
f) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located
or installed in accordance with ASCE 24.
ARTICLE 302 SUBDIVISIONS
8.79.510 - Minimum requirements. Subdivision proposals in flood hazard areas, including
proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:
a) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding.
b) All public utilities and facilities, such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage in accordance
with Section 8.79.520 and Section 8.79.530 of this chapter, as applicable, and appropriate
codes.
c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwater around and away from
proposed structures.
8.79.520 - Subdivision requirements. In addition to the requirements of Section 8.79.510 of this
chapter, where any portion of proposed subdivisions, including proposals for manufactured home
parks and subdivisions, lies within a flood hazard area, the following shall be required:
a) The flood hazard area, including floodways, as appropriate, shall be delineated on
preliminary subdivision plats.
b) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 8.79.270(a) of this chapter.
c) When, as part of a proposed subdivision, fill will be placed to support buildings, the fill
shall be placed in accordance with the building code and approval of the subdivision shall
require submission of as-built elevations for each filled pad certified by a licensed land
surveyor or registered civil engineer.
ARTICLE 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
8.79.530 - Minimum requirements. All proposed development in flood hazard areas shall be
reviewed to determine that:
a) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding.
b) Where the proposed development has more than 50 lots or is larger than 5 acres and base
flood elevations are not included on the FIRM, the base flood elevations determined in
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accordance with Section 8.79.270(a) of this chapter.
c) All public utilities and facilities, such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage.
d) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO,
adequate drainage paths shall be provided to guide floodwater around and away from
proposed structures.
8.79.540 - Sanitary sewer facilities. All new and replaced sanitary sewer facilities, private sewage
treatment plants (including all pumping stations and collector systems) and on-site waste disposal
systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate
infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and
impairment of the facilities and systems.
8.79.550 - Water supply facilities. All new and replaced water supply facilities shall be designed
in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of
floodwaters into the systems.
8.79.560 - Development in floodways. Development, site improvements and land disturbing
activity involving fill or regrading shall not be authorized in the floodway unless the floodway
encroachment analysis required in Section 8.79.280(a) of this chapter demonstrates the proposed
work will not result in any increase in the base flood level during occurrence of the base flood
discharge.
8.79.570 - Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid drawdown of
floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In
addition to these requirements, when intended to support buildings and structures, fill shall comply
with the requirements of the building code. The placement of fill intended to change base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on
FIRMs shall be subject to the requirements of Section 8.79.290 of this chapter.
ARTICLE 304 INSTALLATION OF MANUFACTURED HOMES
8.79.580 - Installation. All manufactured homes installed in flood hazard areas shall be installed
by an installer that is licensed pursuant to the Business and Professions Code and shall comply
with the requirements of the Department of Housing and Community Development (HCD) and
the requirements of this chapter. In addition to permits pursuant to this chapter, permits from the
HCD are required where the HCD is the enforcement agency for installation of manufactured
homes. Upon completion of installation and prior to the final inspection by the Floodplain
Administrator, the installer shall submit certification of the elevation of the manufactured home,
prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.
8.79.590 - Foundations. All new and replacement manufactured homes, including substantial
improvement of manufactured homes installed in flood hazard areas shall be installed on
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permanent, reinforced foundations that are designed in accordance with the foundation
requirements of Section R322.2 of the residential code (CCR Title 24 Part 2.5) and this chapter.
Foundations for manufactured homes subject to Section 8.79.620 of this chapter are permitted to
be reinforced piers or other foundation elements of at least equivalent strength.
8.79.600 - Anchoring. All new and replacement manufactured homes to be placed or substantially
improved in a flood hazard area shall be installed using methods and practices which minimize
flood damage and shall be securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are
not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition
to applicable State and local anchoring requirements for resisting wind loads and seismic loads.
8.79.610 - General elevation requirement. Unless subject to the requirements of Section
8.79.620 of this chapter, all manufactured homes that are placed, replaced, or substantially
improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new
manufactured home park or subdivision; (c) in an expansion to an existing manufactured home
park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated
such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as
applicable to the flood hazard area, is at or above the base flood elevation.
8.79.620 - Elevation requirement for certain existing manufactured home parks and
subdivisions. Manufactured homes that are not subject to Section 8.79.610 of this chapter,
including manufactured homes that are placed, replaced, or substantially improved on sites located
in an existing manufactured home park or subdivision, unless on a site where substantial damage
as a result of flooding has occurred, shall be elevated such that either the:
a) Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the
flood hazard area, is at or above the base flood elevation.
b) Bottom of the frame is supported by reinforced piers or other foundation elements of at
least equivalent strength that are not less than 36 inches in height above grade.
8.79.630 - Flood damage-resistant materials. Materials below elevated manufactured homes
shall comply with the flood-damage resistant materials requirements of Section R322 of the
residential code (CCR Title 24 Part 2.5).
8.79.640 - Enclosures. Fully enclosed areas below elevated manufactured homes shall comply
with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part
2.5).
8.79.650 - Protection of mechanical equipment and outside appliances. Mechanical equipment
and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest
horizontal structural member of the manufactured home, as applicable to the flood hazard area.
Exception. Where such equipment and appliances are designed and installed to prevent
water from entering or accumulating within their components and the systems are
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constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects
of buoyancy, during the occurrence of flooding up to the elevation required by Section
8.79.610 or Section 8.79.620, as applicable, the systems and equipment shall be permitted
to be located below that elevation. Electrical wiring systems shall be permitted below the
design flood elevation provided they conform to the provisions of NFPA 70 (National
Electric Code).
ARTICLE 305 RECREATIONAL VEHICLES
8.79.660 - Temporary placement. Recreational vehicles in flood hazard areas, shall be placed on
a site for less than 180 consecutive days or shall be fully licensed and ready for highway use.
Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached
to the site only by quick disconnect type utilities and security devices, and has no permanently
attached additions, such as rooms, stairs, decks and porches.
8.79.670 - Permanent placement. Recreational vehicles that do not meet the limitations in Section
305-1 for temporary placement shall meet the requirements of Article 304 for manufactured
homes.
ARTICLE 306 OTHER DEVELOPMENT
8.79.680 - General requirements for other development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not specified in
this chapter or the building code, shall:
a) Be located and constructed to minimize flood damage.
b) Meet the limitations of Section 8.79.560 of this chapter when located in a regulated
floodway.
c) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
d) Be constructed of flood damage-resistant materials.
e) Have mechanical, plumbing, and electrical systems above the design flood elevation or
meet the requirements of ASCE 24, except that minimum electric service required to
address life safety and electric code requirements is permitted below the design flood
elevation provided it conforms to the provisions of the electrical part of the building code
for wet locations.
8.79.690 - Tanks. Tanks that serve buildings shall comply with the requirements of the building
code. Underground and above-ground tanks that serve other purposes shall be designed,
constructed, installed and anchored in accordance with ASCE 24.
8.79.700 - Requirements for temporary structures and temporary storage in flood hazard
areas. Temporary structures shall be erected for a period of less than 180 days and temporary
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storage of goods and materials shall be permitted for a period of less than 180 days. Extensions
may be granted in accordance with Section 8.79.230 of this chapter. In addition, the following
apply:
a) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement
resulting from hydrostatic loads, including the effects of buoyancy, during conditions of
the design flood. Fully enclosed temporary structures shall have flood openings that are in
accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
b) Temporary stored materials shall not include hazardous materials.
c) The requirements of Section 8.79.560 of this chapter, when located in floodways.
8.79.710 - Fences in floodways. Fences in floodways that have the potential to block the passage
of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section
8.79.560 of this chapter.
8.79.720 - Oil derricks. Oil derricks located in flood hazard areas shall be designed in
conformance with flood loads required by the building code.
8.79.730 - Retaining walls, sidewalks and driveways in floodways. Retaining walls and
sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of
Section 8.79.560 of this chapter and the requirements for site grading in Chapter 18 of the building
code.
8.79.740 - Roads and watercourse crossings in floodways. Roads and watercourse crossings that
encroach into floodways or riverine waterways with base flood elevations where floodways have
not been designated, including roads, bridges, culverts, low-water crossings and similar means for
vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the
limitations of Section 8.79.560 of this chapter. Alteration of a watercourse that is part of work
proposed for a road or watercourse crossing shall meet the requirements of Section 8.79.280(c) of
this chapter.
8.79.750 - Swimming pools. Above-ground swimming pools, on-ground swimming pools, and in-
ground swimming pools that involve placement of fill in floodways shall meet the requirement of
Section 8.79.560 of this chapter.
ARTICLE 307 FLOOD CONTROL PROJECTS
8.79.760 - Flood control projects; general. In addition to applicable Federal, State and other local
permits, a permit for floodplain development is required for construction of flood control projects.
The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base
flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations,
issuance of this permit does not address the sufficiency of the structural elements of the proposed
flood control project. Permits for floodplain development and building permits in areas affected
by proposed flood control projects shall not be issued based on Conditional Letters of Map
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Revision issued by FEMA.
8.79.770 - Flood control projects; applications. Applications for permits for flood control
projects shall include documentation including but not limited to:
a) Site plan or document showing the existing topography and the boundaries of the flood
hazard areas, floodway boundaries, and base flood elevations shown on the FIRM.
b) Site plan or document showing the proposed topography and the proposed changes to the
boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.
c) The documentation submitted to FEMA for a Conditional Letter of Map Revision
(CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements
and processing fees shall be the responsibility of the applicant. A CLOMR is required when
a proposed flood control project alters a floodway and increases base flood elevations more
than greater than 0.00 feet, or alters a watercourse a riverine flood hazard area for which
base flood elevations are included in the Flood Insurance Study or on the FIRM and
floodways have not been designated and increases base flood elevations more than 1.0
foot.”
SECTION 3. Applicability. For the purposes of jurisdictional applicability, this Ordinance shall
apply in the City of San Bernardino. This Ordinance shall apply to all applications for
development, including building permit applications and subdivision proposals, submitted on or
after the effective date of this Ordinance.
SECTION 4. Chapter 19.16 Repealed. Chapter 19.16 (FP (Flood Plain Overlay) Zone) of the
San Bernardino Municipal Code is hereby repealed.
SECTION 5. Inclusion into the San Bernardino Municipal Code. It is the intent of the City
Council of the City of San Bernardino that the provisions of this Ordinance shall become and be
made a part of the San Bernardino Municipal Code, and that the sections of this Ordinance may
be renumbered or re-lettered and the word “ordinance” may be changed to “section,” “article,”
“regulation,” or such other appropriate word or phrase in order to accomplish such intentions.
SECTION 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance
is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 7. Effective Date. This Ordinance shall become effective 30 days after the date of its
adoption.
SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to
the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
to by the Clerk this ___ day of __________________, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
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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
Ordinance No. MC-1622, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the ___day of _______________, 2023. Ordinance No. MC-1622 was
approved, passed and adopted at a regular meeting held the ___ day of _______________, 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 ___ day of
_______________, 2023.
____________________________________
Genoveva Rocha, CMC, City Clerk
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ADOPTION: FLOODPLAIN
ORDINANCE MC-1622 (FPO)
Presented by
City of San Bernardino
Public Work Department
December 6, 2023
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Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City of
San Bernardino municipal code; adopting flood hazard maps; designating a floodplain
administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal
code.
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National Flood Insurance Program
•Purpose
•Enables property owners in participating communities
to purchase flood insurance.
•Background
•Established by the U.S. Congress through the
National Flood Insurance Act of 1968.
•Administered by the Federal Emergency Management
Agency (FEMA).
•Partnership / mutual agreement between the Federal
Government and State and local governments.
•City applied and was accepted into the NFIP on July
16, 1979.
•FEMA and State Dept. of Water Resources (DWR)
last updated the regulations in August 2020.
•City last updated the Floodplain Ordinance on
January 2, 2014.
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•Requirements
•Jurisdictions must adopt the latest floodplain regulations and
a floodplain ordinance.
•Regulations must be in accordance with FEMA and DWR
requirements.
•Process
•Repealing Chapter 19.16 of the City Municipal Code, which
contains outdated floodplain regulations.
•Adopt a new Chapter 8.79 of the City Municipal Code for the
up-to-date Floodplain Ordinance.
•Adopt Flood Insurance Rate Map and Flood Insurance Study
when finalized by DWR.
•Designate City Engineer to be the Floodplain Administrator.
National Flood Insurance Program
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Adopting and enforcing flood maps and a flood damage prevention ordinance.
Recognizing flood hazards in community planning.
Requiring permits for all types of development in the floodplain.
Assuring that building sites are reasonably safe from flooding.
establishing base flood elevations (BFE) where not determined on Flood Insurance Rate
Map.
Requiring new and substantially improved homes and manufactured homes to be
elevated above the BFE.
Requiring non-residential buildings to be elevated above the BFE or dry flood-proofed.
Proposed Regulations
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Determining if damaged buildings are substantially damaged.
Conducting field inspections.
Citing and issuing remedy violations.
Requiring and maintaining surveyed elevation information to document compliance.
Carefully considering requests for variances
Resolving non-compliance and violations of floodplain management requirements.
Advising and working with FEMA and the State when updates to flood maps are needed.
Maintaining records for review.
Responding to periodic requests for reports to FEMA.
Proposed Regulations
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There is no fiscal impact to the City‘s General Fund as a result of
this action.
Fiscal Impact
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Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City of
San Bernardino municipal code; adopting flood hazard maps; designating a floodplain
administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal
code.
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Questions?
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager;
By: Mary E. Lanier, Interim Director of Community
Development and Housing
Department:Community, Housing, & Economic Development (CED)
Subject:Public Hearing on Annexation No. 28A to Community
Facilities District 2019-1 (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-023 of the Mayor and City Council of the City of
San Bernardino, California, calling an election to submit to the qualified electors
the question of levying the amended special tax within the area proposed to be
annexed to Community Facilities District No. 2019-1 (Maintenance Services)
(Annexation No. 28A); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-024 of the Mayor and City Council of the City of
San Bernardino, California, declaring election results for Community Facilities
District No. 2019-1 (Maintenance Services) Tax Zone 29; and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1623 of the Mayor and City Council of the City of San Bernardino, California,
amending Ordinance No. MC-1522 and levying special taxes to be collected
during Fiscal Year 2023-2024 to pay annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
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street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1623 for February 21, 2024.
Executive Summary
The recommended action is the second step of the annexation process for the
proposed development into Community Facilities District (CFD) No. 2019-1
(Maintenance Services). The property owner has petitioned the City to annex into the
City’s CFD to mitigate its impacts on the maintenance service of public facilities as a
result of the new development. The City Council approved the Resolution of Intention
on December 6, 2023, setting today the time and place of the public hearing. The
special taxes will be levied annually to offset general fund expenditures related to the
maintenance of public improvements within and for the benefit of the development.
Background
On December 7, 2022, the Mayor and City Council adopted Resolution No. 2022-263,
a Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.
On December 6, 2023, the Mayor and City Council were presented with a request to
adjust the rates previously approved on December 7, 2022, to include additional
maintenance of slopes and open space. The Mayor and City Council adopted
Resolution No. 2023-178, declaring its intent to amend Resolution No. 2022-263 and
adjust the rates previously approved. A public hearing was set for January 17, 2024,
on the proposed amendment to Tax Zone 29 of CFD No. 2019-1.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately 24.83 gross acres of a vacant
residential lot within the City, requesting that the City assist them in amending CFD No.
2019-1 Tax Zone 29 under the Mello-Roos Act. The proposed project will remain
unchanged and consists of 20 detached single-family lots. The State legislature
enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public
improvements by either issuing tax-exempt securities that are repaid by annual levy of
special taxes or to provide for the financing of ongoing public services. The landowner
requested the City amend CFD No. 2019-1 Tax Zone 29 to levy a special tax to cover
the costs associated with the maintenance of public improvements. The public facilities
and services proposed to be financed within CFD No. 2019-1 Tax Zone 29 are the
following:
1. Maintenance of median landscaping and other public improvements installed within
the public right-of-way; and
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2. Public lighting and appurtenant facilities, including street lights within public
rights-of-way and traffic signals; and
3. City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds.
Tax Zone 29 is located at N Little League Drive north of Ohio Avenue, as shown in
Attachment #12.
The amended maximum annual special tax for this development has been calculated
to be $595 per unit for FY 2023/24. Special Tax rate is proposed to escalate each year
at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed
to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos
Act of 1982. The property owners have submitted a “Consent and Waiver” form on file
in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-
Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of
election time requirements, waiving analysis and arguments, and waiving all notice
requirements relating to the conduct of the election.
In order to amend CFD No. 2019-1 Tax Zone 29 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance, which are summarized below.
•Resolution declaring City intent to amend the rate and method of apportionment of
special taxes within Community Facilities District No. 2019-1 Tax Zone 29 (the
special tax applies only to properties within the annexation area), adopted
December 6, 2023.
•Resolution calling an election to submit to the qualified electors the question of
levying an amended special tax within Community Facilities District No. 2019-1
Tax Zone 29.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the adoption of the amended Ordinance would be scheduled for February 21, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on January 17, 2024,
on the issue of the amending the special tax for CFD No. 2019-1 Tax Zone 29. Under
the Mello-Roos Act, the Mayor and City Council must hold the public hearing and
consider any protests against the formation of the CFD. If the owners of one half or
more of the land within the boundaries of the CFD file written protests against the
establishment of the CFD, the Council may not create the CFD. If a majority protest is
not filed, the Mayor and City Council may adopt the resolution establishing the CFD.
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Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-023, it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2024-024 declaring the
results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No. 4: Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
All costs associated with annexation into the CFD have been borne by the
Developer. By annexing into the CFD, the costs of maintaining improvements located
within the development will be financed through special taxes levied on the parcels
within CFD No. 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-023 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying an amended special tax within the area proposed to be annexed to
Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29; and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-024 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) Tax Zone 29; and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1623
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of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1623 for February 21, 2024.
Attachments
Attachment 1 - Resolution No. 2024-023 Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Resolution No. 2024-024 Declaring Election Results
Attachment 6 - Exhibit A Certificate of Election Results
Attachment 7 - Ordinance No. MC-1623
Attachment 8 - Exhibit A Description of Services
Attachment 9 - Exhibit B Parcel List
Attachment 10 - Petition
Attachment 11 - PowerPoint Presentation
Attachment 12 - Project Map
Ward:
Fifth Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District
No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of
1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing
Community Facilities District No. 2019-1; Resolution No.
2019-179 was adopted declaring election results for
Community Facilities District No. 2019-1; and first reading of
Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
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August 7, 2019 Final reading of Ordinance No. MC-1522 levying special
taxes to be collected during FY 2019-20 to pay annual costs
of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
December 7, 2022 Mayor and City Council adopted Resolution No. 2022-263, a
Resolution of Intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the
City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community
Facilities Act of 1982”.
January 18, 2023 Mayor and City Council adopted Resolution No. 2023-001
calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to
be annexed to Community Facilities District No. 2019-1
(Annexation No. 28), and adopted Resolution No. 2023-002
declaring election results for Community Facilities District
No. 2019-1 (Annexation No. 28); and introduced Ordinance
No. MC-1608 amending Ordinance No. MC-1522.
December 6, 2023 Mayor and City Council adopted Resolution No. 2023-178
amending Resolution No. 2022-263 and adjust the special
tax rates previously approved within Community Facilities
District No. 2019-1 (Maintenance Services) Tax Zone 29 of
the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community
Facilities Act of 1982”.
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Resolution No. 2024-023
Resolution No. 2024-023
January 17, 2024
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RESOLUTION NO. 2024-023
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING
AN AMENDED SPECIAL TAX WITHIN THE AREA OF
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) TAX ZONE 29
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on December 7, 2022 duly adopted Resolution No. 2022-
263 (the “Original Resolution of Intention”) declaring its intention to annex certain territory to
CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for
certain services and setting a time and place for the public hearing on the proposed annexation for
January 18, 2023; and
WHEREAS, the City Council on January 18, 2023 duly adopted Resolution No. 2023-001
calling an election to submit to the qualified electors the question of levying a special tax within
the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No.
28), and adopted Resolution No. 2023-002 declaring election results for Community Facilities
District No. 2019-1 (Annexation No. 28); and introduced Ordinance No. MC-1608 amending
Ordinance No. MC-1522; and
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Resolution No. 2024-023
Resolution No. 2024-023
January 17, 2024
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WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 28 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded on December 8, 2022, in Book 90 of Maps of Assessment and
Community Facilities Districts at Page 86, in the office of the San Bernardino County Recorder;
and
WHEREAS, the City Council on December 6, 2023 duly adopted Resolution No. 2023-
178 (the “Resolution of Intention”) amending special tax rates to CFD No. 2019-1 (Maintenance
Services) Tax Zone 29 and to levy a special tax within that territory to pay for certain services and
setting a time and place for the public hearing on the proposed annexation for January 17, 2024;
and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on January 17, 2024, not earlier than the hour of 7:00 p.m. at
the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed amendment of special tax rates to CFD No.
2019-1 Tax Zone 29. At the hearing, the testimony of all interested persons for or against the
amendment of the special taxes will be heard. If and to the extent participation in the January 17,
2024 meeting must occur by teleconference, videoconference, or other electronic means authorized
by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and
methods for participating the meeting shall be posted on the Agenda for said meeting, which shall
be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org),
and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W.
6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon
request to the San Bernardino City Clerk's office at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory, or by the owners of one-half (1/2) or more of the
area within the CFD No. 2019-1 Tax Zone 29, or by the owners of one-half (1/2) or more of the
territory; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory of CFD No. 2019-1 Tax Zone 29 and that the qualified
electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the amendment of special tax rates to the CFD No. 2019-1 Tax
Zone 29 and the levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory of CFD No. 2019-1 Tax Zone 29 consenting to the shortening of election time
requirements, waiving analysis and arguments, and waiving all notice requirements relating to the
conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
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BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to CFD No. 2019-1 Tax Zone 29 and the levy of the special tax within such
territory are insufficient in number and in amount under the Act, and the City Council hereby
further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
amendment of special tax rates of CFD No. 2019-1 Tax Zone 29, are valid and in conformity with
the requirements of the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory of CFD
No. 2019-1 Tax Zone 29, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory to the qualified electors, in accordance with
and subject to the Act. The special election shall be held on January 17, 2024, and shall be
conducted as follows:
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(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory of CFD No. 2019-1 Tax Zone 29 on December 4, 2023 (a date within the 90
days preceding the close of the public hearing on the amended special taxes of CFD No. 2019-1
Tax Zone 29), the qualified electors shall be the landowners within territory, and each landowner
who was the owner of record at the close of the hearing shall have one vote for each acre or portion
of an acre of land that such landowner owns within the territory of CFD No. 2019-1 Tax Zone 29.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory of CFD No. 2019-1 Tax Zone
29. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 7:00 p.m. on January 17, 2024. The City Clerk shall have available ballots that may be marked
at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on January 17, 2024, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution with City Clerk. The City Council hereby directs the
City Clerk to file a copy of this resolution of CFD No. 2019-1 Tax Zone 29 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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SECTION 13. Effective Date. This Resolution shall become effective immediately.
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-023
Resolution No. 2024-023
January 17, 2024
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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. 2024-023, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF ANNEXED TERRITORY
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 28 is currently comprised of one (1) parcel, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Number (APN).
APN Owner Name
0348-111-51 Verdemont Ranch 20 LLC
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EXHIBIT B
AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
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“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
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“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1402
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i)Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1403
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1404
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1405
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First:The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second:If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third:If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1406
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First:The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second:If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third:If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1407
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1408
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AMENDED COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 29
TR 17329
Item
1
Description
Landscaping
Estimated Cost
$7,618
2
3
4
Lighting
Reserves
Admin
$1,741
$1,292
$1,250
$11,901Total
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 29
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Single-Family Residential
Multi-Family Residential
Non-Residential Property
Taxable
Unit
RU
RU
Acre
Maximum
Special Tax A
$595
Maximum
Special Tax B
$0
$0
$0
$595
$571
TAX ZONE 29
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $571 $0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
11
Packet Page. 1409
TAX ZONE SUMMARY
Tax
Zone
1
2
3
4
5
6
7
Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Special Tax BAnnexation
Original
1
Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
$0 / RU17329$473 / RU
2
3
4
5
6
7
8
9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$0 / RU$588 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28
29
30
31
32
PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32
33
34
33
34
35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLCCUP 21-16
35
36
37
38
39
40
41
36
37
38
39
40
41
42
CUP 22-03
LM 2022-007
TR 18895
LLA 2023-008
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
2023-24
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$3,081 / Acre
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
12
Packet Page. 1410
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1411
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a)maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b)maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c)public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1412
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
15
Packet Page. 1413
Packet Page. 1414
Packet Page. 1415
EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 29
(January 17, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
Verdemont Ranch 20, LLC 24.83 25
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory of CFD No. 2019-1 Tax Zone 29, City of San Bernardino,
County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if
the name set forth below is incorrect or if you are no longer one of the owners of these parcels.
This special tax ballot may be used to express either support for or opposition to the proposed
special tax. To be counted, this special tax ballot must be signed below by the owner or, if the
owner is not an individual, by an authorized representative of the owner. The ballot must then be
delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
January 3, 2024, two calendar weeks prior to the date set for the election. Mailing
later than this deadline creates the risk that the special tax ballot may not be
received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on January 17,
2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA
92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on January 17, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 1416
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Verdemont Ranch 20, LLC
Attn: Felizardo Robles Jr.
434 N. 2nd Ave.
Upland, CA 91786
0348-111-51
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
amend special taxes to Community Facilities District No. 2019-1
(Maintenance Services) Tax Zone 29 adopted by the City Council on
December 6, 2023 (the “Resolution”), which is incorporated herein
by this reference, within the territory identified on the map entitled
“Annexation Map No. 28 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses), and shall an appropriation limit be established
for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Felizardo Robles Jr.
Manager
Signature
Print Name
Title
Packet Page. 1417
Resolution No. 2024-024
Resolution No. 2024-024
January 17, 2024
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RESOLUTION NO. 2024-024
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1, (MAINTENANCE
SERVICES) TAX ZONE 29
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the amendment to special taxes
of Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29 (the "CFD No.
2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section
53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2024-024 calling a special election for January 17, 2024, and submitting to the
qualified electors of the territory within CFD No. 2019-1 Tax Zone 29 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated January
17, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk –
in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed, and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Ballot Measure. This Council hereby finds, determines, and declares that
the ballot measure submitted to the qualified electors of the territory within CFD No. 2019-1 Tax
Zone 29 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine amendment of special taxes within the territory of CFD No. 2019-1 Tax Zone 29 with
full legal effect, and the Mayor and City Council is also authorized, pursuant to said Section
Packet Page. 1418
Resolution No. 2024-024
Resolution No. 2024-024
January 17, 2024
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53339.8, to annually levy special taxes within the territory to pay the costs of the services to be
provided by the CFD No. 2019-1 as specified in Resolution No. 2023-178 adopted by the Mayor
and City Council on December 6, 2023. The boundaries of the territory are shown on the map
entitled, "Annexation Map No. 28 Community Facilities District No. 2019-1 (Maintenance
Services)" a copy of which was recorded, on December 8, 2022, in Book 90 of Maps of Assessment
and Community Facilities Districts at Page 86, in the office of the San Bernardino County
Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including Tax Zone 29.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1419
Resolution No. 2024-024
Resolution No. 2024-024
January 17, 2024
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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. 2024-024, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 1420
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 29
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated December 4, 2023, and on file
in the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and
on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
Verdemont Ranch 20, LLC 25 25
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 1421
Ordinance No. MC-1623
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ORDINANCE NO. MC-1623
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on January 17, 2024, at the time and place specified in said published and
mailed notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
Packet Page. 1422
Ordinance No. MC-1623
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the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January, 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 1423
Ordinance No. MC-1623
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1424
Ordinance No. MC-1623
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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
Ordinance No. MC- 1623, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 17th day of January 2024. Ordinance No. MC-1623 was
approved, passed and adopted at a regular meeting held the ___day of ______, 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 1425
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Page. 1426
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of February 7, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
Packet Page. 1427
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28A Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
Packet Page. 1428
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Packet Page. 1430
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Packet Page. 1432
Public Hearing
CFD No. 2019-1, Annexation No. 28A - Tax Zone 29 Amendment:
TR 17329 (Verdemont Ranch 20, LLC)
Presented By: Spicer Consulting Group
Packet Page. 1433
Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Recommended Action
1. City Council initiate amendment of special tax rates to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) tax zone 29 ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for February 21, 2024.
Packet Page. 1434
Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Discussion
•The Property Owner, Verdemont Ranch 20, LLC, has requested the City assist them in amending the special taxes within CFD No. 2019-1 Tax Zone 29 to cover the additional costs associated with including additional slopes and open space with the maintenance of Public Improvements.
•The area proposed within Annexation No. 28A includes one (1) parcel, APN 0348-111-51.
•On December 6, 2023, the City Council adopted Resolution No. 2023-178, a Resolution of Intention to amend the special tax rates of CFD No. 2019-1 Tax Zone 29 and hold a Public Hearing on January 17, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night.
Packet Page. 1435
Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Discussion (Cont.)
•The proposed maximum annual tax of $595 per unit for Special Tax A
will be included in CFD No. 2019-1 as Tax Zone 29.
•The maximum annual tax is proposed to escalate each year at the
greater of Consumer Price Index (CPI) or 2%.
Packet Page. 1436
Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Discussion (Cont.)
•The services, which may be funded with proceeds of the special tax
include:
•All costs attributable to maintenance of median landscaping and other public
improvements installed within the public rights-of-way
•Public lighting including streetlights and traffic signals,
•Maintenance of streets, including pavement management, and street sweeping,
•Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax may be
expended to pay administrative expenses and for the collection of reserve funds.
Packet Page. 1437
Project Location
Packet Page. 1438
Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Fiscal Impact
•It is anticipated that at build-out the total Special Tax A
revenues to pay for maintenance costs will be approximately
$11,901. All costs associated with the annexation is borne by
the Developer. There is no fiscal impact to the City’s General
Fund.
Packet Page. 1439
Questions?
Packet Page. 1440
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CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 28
PROJECT MAP
Packet Page. 1441
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
By: Mary E. Lanier, Director of Community Development and Housing
Department:Community Development and Housing
Subject:Public Hearing on Annexation No. 37 to Community
Facilities District 2019-1 (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-025 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 37); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-026 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 37); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1624
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
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6. Schedule the adoption of Ordinance No. MC-1624 for February 21, 2024.
Executive Summary
The recommended actions are the second step of the annexation process for the
proposed development into Community Facilities District (CFD) No. 2019-1
(Maintenance Services). The property owner has petitioned the City to annex into the
City’s CFD to mitigate its impacts on maintenance services of public facilities as a result
of the new development. The City Council approved the Resolution of Intention on
December 6, 2023, setting today the time and place of the public hearing. The special
taxes will be levied annually to offset general fund expenditures related to the
maintenance of public improvements within and for the benefit of the development.
Background
On December 6, 2023, the Mayor and City Council adopted Resolution No. 2023-177,
a Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A
public hearing was set for January 17, 2024, on the proposed annexation of the said
territory into the community facilities district. As required by the Resolution of Intention,
a boundary map was recorded on December 7, 2023, at 1:15 p.m. in Book 91 Page
31, Document No. 2023-0303118 of Maps of Assessment and Community Facilities
Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to
a petition filed by the property owner of approximately 2.05 gross acres of empty
residential lots within the City, requesting that the City assist them in annexing their
property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will
consist of 12 detached single-family lots. The State legislature enacted the Mello-Roos
Act in 1982 to assist public agencies in financing certain public improvements by either
issuing tax exempt securities that are repaid by annual levy of special taxes, or to
provide for the financing of on-going public services. The landowner requested the City
annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the
maintenance of public improvements. The public facilities and services proposed to be
financed within the territory to be annexed to the District are the following:
1. Public lighting and appurtenant facilities, including street lights within public
rights-of-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. Maintenance of Parks; and
4. Graffiti abatement; and
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5. City and County costs associated with the setting, levying, and collection of the
special tax, and in the administration of the District, including the contract
administration and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 38 and is
located at the northeast corner of Mill Street and Macy Street, as shown in Attachment
#12.
The maximum annual special tax for this development has been calculated to be $706
per unit for FY 2023/24. Special Tax rate is proposed to escalate each year at the
greater of Consumer Price Index (CPI) or 2%. The property owner has agreed to initiate
and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982.
The property owners have submitted a “Consent and Waiver” form on file in the City
Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in
1982, for the annexation into the CFD and consenting to the shortening of election time
requirements, waiving analysis and arguments, and waiving all notice requirements
relating to the conduct of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California
Government Code Section 53311 et seq., the City must adopt a series of three
statutorily required Resolutions and an Ordinance, which are summarized below.
•Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area), adopted December 6,
2023.
•Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
•Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
•Amend the Ordinance and order the levy and collection of special taxes in the
District.
With the adoption of the Resolutions and the first reading of the amended Ordinance,
the second reading of the amended Ordinance would be scheduled for February 21,
2024.
Discussion
The Resolution of Intention called for a public hearing to be held on January 17, 2024,
on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos
Act, the Mayor and City Council must hold a public hearing and consider any protests
against the formation of the CFD. If the owners of one-half or more of the land within
the proposed boundaries of the CFD file written protests against the establishment of
the CFD, the Council may not create the CFD. If a majority protest is not filed, the
Mayor and City Council may adopt the resolution establishing the CFD.
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Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1,
pursuant to the requirements of Government Code Section 53325.1. After a CFD is
formed, the Mello-Roos Act requires that for any annexations into the CFD an election
be held on the question of whether the proposed special taxes should be levied. The
election requires a two-thirds vote in favor of levying the special tax. The landowners
filed waivers with respect to the conduct of the election pursuant to Government Code
Sections 53326(a) and 53327(b), meaning that the time limits and procedural
requirements for conducting an election under the Mello-Roos Act do not have to be
followed. Accordingly, City staff has already mailed the election ballots to the
landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-025, it may immediately
proceed to the opening of the ballots and adopt Resolution No. 2024-026 declaring the
results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No. 4: Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long-term economic growth.
Fiscal Impact
All costs associated with annexation into the CFD have been borne by the
Developer. By annexing into the CFD, the costs of maintaining improvements located
within the development will be financed through special taxes levied on the parcels
within CFD No. 2019-1 and not through the City’s General Fund.
The individual property owners in the CFD will be responsible for annual payments of
special taxes. It is estimated that upon full completion of the development, there will be
an annual collection of special tax revenues of approximately $8,471 from Special Tax
A to be used to pay for maintenance costs within the development.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-025 of the Mayor and City Council of the City of San
Bernardino, California, calling an election to submit to the qualified electors the
question of levying a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 37); and
3. Hold a special landowner election and canvass the election; and
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4. Adopt Resolution No. 2024-026 of the Mayor and City Council of the City of San
Bernardino, California, declaring election results for Community Facilities District No.
2019-1 (Maintenance Services) (Annexation No. 37); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1624
of the Mayor and City Council of the City of San Bernardino, California, amending
Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year
2023-2024 to pay annual costs of the maintenance and servicing of landscaping,
lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail
maintenance, a reserve fund for capital replacement, and administrative expenses with
respect to City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1624 for February 21, 2024.
Attachments
Attachment 1 - Resolution No. 2024-025 Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Resolution No. 2024-026 Declaring Election Results
Attachment 6 - Exhibit A Certificate of Election Results
Attachment 7 - Ordinance No. MC-1624
Attachment 8 - Exhibit A Description of Services
Attachment 9 - Exhibit B Parcel List
Attachment 10 - Petition
Attachment 11 - PowerPoint Presentation
Attachment 12 - Project Map
Ward:
Third Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District
No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of
1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing
Community Facilities District No. 2019-1; Resolution No.
2019-179 was adopted declaring election results for
Community Facilities District No. 2019-1; and first reading of
Ordinance No. MC-1522 levying special taxes to be
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collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special
taxes to be collected during FY 2019-20 to pay annual costs
of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
December 6, 2023 Mayor and City Council adopted Resolution No. 2023-177, a
Resolution of Intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the
City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community
Facilities Act of 1982”.
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Resolution No. 2024-025
Resolution No. 2024-025
January 17, 2024
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RESOLUTION NO. 2024-025
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
37)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which the
Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special
election at which the questions of levying a special tax and establishing an appropriations limit
with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No.
2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179
declaring the results of the special election and finding that more than two-thirds (2/3) of all votes
cast at the special election were cast in favor of the proposition presented, and such proposition
passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section
53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the
"Act"), to annex territory into an existing community facilities district by complying with the
procedures set forth in said Article 3.5; and
WHEREAS, the City Council on December 6, 2023, duly adopted Resolution No. 2023-
177 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No.
2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain
services and setting a time and place for the public hearing on the proposed annexation for January
17, 2024; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 37 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on December 7, 2023, in Book 91 of Maps of Assessment and
Community Facilities Districts at Page 31, in the office of the San Bernardino County Recorder;
and
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Resolution No. 2024-025
Resolution No. 2024-025
January 17, 2024
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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the City Council on January 17, 2024, not earlier than the hour of 7:00 p.m. at
the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San
Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No.
2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the
territory or the levying of the special taxes will be heard. If and to the extent participation in the
January 17, 2024 meeting must occur by teleconference, videoconference, or other electronic
means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California,
the means and methods for participating the meeting shall be posted on the Agenda for said
meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino
(www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be
made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve
registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that
the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this
time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the
levying of a special tax as described in Exhibit A hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in
the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of
election time requirements, waiving analysis and arguments, and waiving all notice requirements
relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Conformation of Finding in Resolution of Intention. The City Council
reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3.Findings Regarding Protests. The City Council finds and determines that
written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the
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special tax within such territory are insufficient in number and in amount under the Act, and the
City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and
determines that all prior proceedings had and taken by the City Council, with respect to the
annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of
the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92410, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the City Council that
will state (a) the amount of funds collected and expended and (b) the status of the Services financed
in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the
questions of levying the special tax within the territory proposed to be annexed to the qualified
electors, in accordance with and subject to the Act. The special election shall be held on January
17, 2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are
necessary to meet increased demands placed upon the City as a result of development occurring
within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided
within the territory proposed to be annexed to CFD No. 2019-1 on December 4, 2023 (a date within
the 90 days preceding the close of the public hearing on the territory proposed to be annexed to
CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
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(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The City Council hereby ratifies the City
Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD
No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as
Exhibit C.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 7:00 p.m. on January 17, 2024. The City Clerk shall have available ballots that may be marked
at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on January 17, 2024, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special
election following the completion of the canvass of the returns and shall cause to be inserted into
its minutes a statement of the results of the special election as ascertained by the canvass of the
returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby
directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of
CFD No. 2019-1 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 13. Effective Date. This Resolution shall become effective immediately.
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
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. 2024-025
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January 17, 2024
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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. 2024-025, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 37 is currently comprised of twelve (12) parcels, located within the City boundaries.
The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0142-621-13 MV RE Holdings LLC
0142-621-14 MV RE Holdings LLC
0142-621-15 MV RE Holdings LLC
0142-621-16 MV RE Holdings LLC
0142-621-17 MV RE Holdings LLC
0142-621-18 MV RE Holdings LLC
0142-621-19 MV RE Holdings LLC
0142-621-20 MV RE Holdings LLC
0142-621-21 MV RE Holdings LLC
0142-621-22 MV RE Holdings LLC
0142-621-23 MV RE Holdings LLC
0142-621-24 MV RE Holdings LLC
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof
associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any
other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)
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“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non-Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019-1.
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Community Facilities District No. 2019-1 (Maintenance Services)
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“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non-residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi-Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
City of San Bernardino 3
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1457
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non-Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi-Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi-family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi-family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s
City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1458
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i)Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1459
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1460
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone
1
Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1461
Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First:The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second:If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third:If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1462
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First:The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second:If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third:If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1463
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1464
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019-1.
TAX ZONE 38
TR 18895
Item
1
Description
Lighting
Estimated Cost
$373
2
3
4
5
6
Streets
Parks
Graffiti
Reserves
Admin
$4,836
$1,865
$79
$68
$1,250
$8,471Total
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 38
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Single Family Residential Property
Taxable
Unit
Maximum
Special Tax A
$706
Maximum
Special Tax B
RU $0
TAX ZONE 38
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Acre
Maximum
Special Tax A
$3,667
Maximum
Special Tax B
$0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
11
Packet Page. 1465
TAX ZONE SUMMARY
Tax
Zone
1
2
3
4
5
6
7
Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Special Tax BAnnexation
Original
1
Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
$0 / RU17329$473 / RU
2
3
4
5
6
7
8
9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$0 / RU$588 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28
29
30
31
32
PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32
33
34
33
34
35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLCCUP 21-16
35
36
37
36
37
38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation3839LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre
39
40
41
40
41
42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
12
Packet Page. 1466
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange
County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1467
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a)maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b)maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c)public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)
Packet Page. 1468
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services)
15
Packet Page. 1469
SHEET 1 OF 1 SHEETANNEXATION MAP NO. 37
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
_____________, THIS _______ DAY OF _______, 20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.
NUMBER
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO COUNTY
BY:________________________________
DEPUTY RECORDER
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AT
ON THE ____ DAY OF ____________________,
A REGULAR MEETING THEREOF, HELD
20 ____.
BY ITS RESOLUTION NO. ____________________
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF
________, 20 ____.38
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO
þ
18 þ
330
¤
66
þ
210þ
259þ
0 ¤
66
CFD 2019-1
TAX ZONE 38
¤
66 LEGEND_§¦
215
ANNEXATION AREA BOUNDARY
PARCEL LINEþ
38§¦10
CITY BOUNDARY -THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR
PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2023-24.
XXXX-XXX-XX
38
ASSESSOR PARCEL NUMBER (APN)
TAX ZONE
Packet Page. 1470
Packet Page. 1471
EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 37
(January 17, 2024)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
MV RE Holdings LLC 2.97 3
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than
January 3, 2024, two calendar weeks prior to the date set for the election. Mailing
later than this deadline creates the risk that the special tax ballot may not be
received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on January 17,
2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA
92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on January 17, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 1472
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
MV RE Holdings LLC
Attn: Steve Landis
PO Box 9559
Alta Loma, CA 91701
0142-621-13, -14, -15, -16, -17,
-18, -19, -20, -21, -22, -23, -24
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2019-1
(Maintenance Services) adopted by the City Council on December
6, 2023 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 37 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses), and shall an appropriation limit be established
for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Steve Landis
Manager
Signature
Print Name
Title
Packet Page. 1473
Resolution No. 2024-026
Resolution No. 2024-026
January 17, 2024
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RESOLUTION NO. 2024-026
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 37)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a Resolution No. 2024-026 calling a special election for January 17, 2024 and submitting to the
qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying
special taxes on parcels of taxable property therein for the purpose of providing certain services
which are necessary to meet increased demands placed upon the City as a result of the development
of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated January
17, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk –
in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Ballot Measure. This Council hereby finds, determines, and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines, and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
Packet Page. 1474
Resolution No. 2024-026
Resolution No. 2024-026
January 17, 2024
2 of 3
3
8
5
2
Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2023-177
adopted by the Mayor and City Council on December 6, 2023. The boundaries of the territory
annexed are shown on the map entitled, "Annexation Map No. 37 Community Facilities District
No. 2019-1 (Maintenance Services)" a copy of which was recorded, on December 7, 2023, in Book
91 of Maps of Assessment and Community Facilities Districts at Page 31, in the office of the San
Bernardino County Recorder.
SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government
Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed
with the County Recorder of the County of San Bernardino an amendment of the notice of special
tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed
territory.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1475
Resolution No. 2024-026
Resolution No. 2024-026
January 17, 2024
3 of 3
3
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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. 2024-026, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 1476
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 37
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, dated December 4, 2023, and on file
in the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and
on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
MV RE Holdings LLC 3 3
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 1477
Ordinance No. MC-1624
1
3
8
5
5
ORDINANCE NO. MC-1624
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING
SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE
MAINTENANCE AND SERVICING OF LANDSCAPING,
LIGHTING, WATER QUALITY IMPROVEMENTS,
GRAFFITI, STREETS, STREET SWEEPING, PARKS AND
TRAIL MAINTENANCE, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE
EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community
facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1
(Maintenance Services), County of San Bernardino, State of California" (the "Community
Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government
Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and
fixing the time and place for a public hearing on the formation of the Community Facilities District;
and
WHEREAS, notice was published and mailed to the owners of the property in the
Community Facilities District as required by law relative to the intention of the City Council to
establish the Community Facilities District and the levy of the special taxes therein to provide
certain services, and of the time and place of said public hearing; and
WHEREAS, on January 17, 2024, at the time and place specified in said published and
mailed notice, the City Council opened and held a public hearing as required by law relative to the
formation of the Community Facilities District, the levy of the special taxes therein and the
provision of services by the Community Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
Packet Page. 1478
Ordinance No. MC-1624
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3
8
5
5
the proposition of levying a special tax, and establishing an appropriations limit within the District;
and
WHEREAS, an election was held within the Community Facilities District in which the
sole eligible landowner elector approved said propositions by more than the two-thirds vote
required by the Act.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino
levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the
costs of certain types of services, and related costs within the Community Facilities District,
including (i) the maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement,
and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution
No. 2019-81, attached hereto and by this reference made a part hereof.
SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the
Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January, 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 1479
Ordinance No. MC-1624
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3
8
5
5
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1480
Ordinance No. MC-1624
4
3
8
5
5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1624, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 17th day of January 2024. Ordinance No. MC-1526 was approved,
passed and adopted at a regular meeting held the ____ day of ______, 2024 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 1481
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Page. 1482
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of February 7, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21
7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25
Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25
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Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, -
15, -37 and -38
28A Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33,
-34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18,
-19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40
37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
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PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT
NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
1.The undersigned requests that the City Council of the City of San Bernardino, initiate
and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”)
(Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) (the “Community Facilities District”) of the property described below and consents to
the annual levy of special taxes on such property to pay the costs of services to be provided by the community
facilities district.
2.The undersigned requests that the community facilities district provide any services
that are permitted under the Act including, but not limited to, all necessary service, operations, administration
and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities,
ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls,
fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a
healthy, vigorous and satisfactory working condition.
3.The undersigned hereby certifies that as of the date indicated opposite its signature,
it is the owner of all the property within the proposed boundaries of the Community Facilities District as
described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4.The undersigned requests that a special election be held under the Act to authorize
the special taxes for the proposed community facilities district. The undersigned waives any requirement for
the mailing of the ballot for the special election and expressly agrees that said election may be conducted by
mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being
the office of the City Clerk and the undersigned request that the results of said election be canvassed and
reported to the City Council at the same meeting of the City Council as the public hearing on the creation of
the Community Facilities District or at the next available meeting.
5.Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly
waives all applicable waiting periods for the election and waives the requirement for analysis and arguments
relating to the special election, and consents to not having such materials provided to the landowner in the
ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly
waives all notice requirements relating to hearings and special elections (except for published notices
required by the Act), and whether such requirements are found in the California Elections Code, the California
Government Code or other laws or procedures, including but not limited to any notice provided for by
compliance with the provisions of Section 4101 of the California Elections Code.
6.The undersigned hereby consents to and expressly waives any and all claims based
on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and
any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to
annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the
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Public Hearing
CFD No. 2019-1 Annexation No. 37:
TR 18895 (MV RE Holdings LLC)
Presented By: Spicer Consulting Group
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Public Hearing on CFD 2019-1 Annexation No. 37
Recommended Action
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election,
d. Adopt a Resolution declaring results of special landowner election;
and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for February 21, 2024.
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Public Hearing on CFD 2019-1 Annexation No. 37
Discussion
•The Property Owner, MV RE Holdings LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
•The area proposed within Annexation No. 37 includes twelve (12) parcels, APNs 0142-621-13 thru 0142-621-24.
•On December 6, 2023, the City Council adopted Resolution No. 2023-177, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on January 17, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night.
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Public Hearing on CFD 2019-1 Annexation No. 37
Discussion (Cont.)
•The proposed maximum annual tax of $706 per unit for Special Tax A
will be included in CFD No. 2019-1 as Tax Zone 38.
•The maximum annual tax is proposed to escalate each year at the
greater of Consumer Price Index (CPI) or 2%.
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Public Hearing on CFD 2019-1 Annexation No. 37
Discussion (Cont.)
•The services, which may be funded with proceeds of the special tax
include:
•All costs attributable to Maintenance of median landscaping and other public
improvements installed within the public rights-of-way
•Public lighting including street lights and traffic signals,
•Maintenance of streets, including pavement management, and street sweeping,
•Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax may
be expended to pay administrative expenses and for the collection of reserve
funds.
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Project Location
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Public Hearing on CFD 2019-1 Annexation No. 37
Fiscal Impact
•It is anticipated that at build-out the total Special Tax A
revenues to pay for maintenance costs will be approximately
$8,471. All costs associated with the annexation is borne by the
Developer. There is no fiscal impact to the City’s General Fund.
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Questions?
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CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 37
PROJECT MAP
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Suzie H. Soren, Deputy City Manager
Department:Human Resources
Subject:Adopting Resolution No. 2024-027 and Introducing
Ordinance No. MC-1625 Amending Chapter 2.10 and
Chapter 2.15, Adding Chapter 2.83, and Amending
Sections 3.16.060 and 19.70.036(D)(14)(D) of the San
Bernardino Municipal Code Regarding Updating Titles
and Organizational Duties of Various City
Departments and Department Heads (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-027:
a. Restructuring the Community and Economic Development Department
by creating the Community Development & Housing Department and the
Economic Development Department.
b. Retitling the Human Resources Department to Human Resources and
Risk Management Department.
c. Retitling the Finance Department to Finance and Management Services
Department.
d. Retitling the Director and Deputy Director of Human Resources (U)
Classifications.
e. Retitling the Deputy Director of Finance (U) Classification.
f. Amending the City-wide Salary Schedule for full-time, part-time,
temporary, and seasonal positions.
2. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1625 amending Chapter 2.10 and Chapter 2.15, adding Chapter 2.83, and
amending sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino
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Municipal Code regarding updating titles and organizational duties of various
City Departments and Department Heads.
Executive Summary
This follow-up to the June 30 Workshop strategic initiative is to split the current
Community and Economic Development Department into the Economic Development
Department and the Community Development & Housing Department.
Background
The Mayor and City Council held a three-day Retreat beginning on May 11, 2023,
where goals and priorities for the City of San Bernardino were defined. At the Retreat,
economic development opportunities and city staffing priorities, among other topics,
were discussed.
On June 30, 2023, a special workshop (“Workshop”) was held to address the Council’s
goals and priorities. The Workshop was informational only and allowed staff to present
a series of strategic initiatives and other programs and proposals for the Council’s
future consideration.
On September 12, 2023, staff presented a follow-up to the Workshop and provided an
analysis of the City’s economic forecast, position control, and a comparative analysis
of other cities. The presentation contained splitting the Community and Economic
Development Department into two separate departments: Economic Development and
Community Development and Housing. In addition, staff recommended retitling the
Human Resources Department to Human Resouces and Risk Management, and the
Finance Department to Finance and Management Services.
As such, the Director and Deputy Director of Human Resources will be retitled to
Director and Deputy Director of Human Resources and Risk Management. Also, the
Director and Deputy Director of Finance will be retitled to Director and Deputy Director
of Finance and Management Services.
Discussion
Separating the current Community and Economic Development Department into the
Economic Development Department and the Community Development & Housing
Department will better address a wide range of short and long-term development
deliverables related to the management and control of City growth, development,
improvement, and reinvigoration. This change will allow for a more efficient span of
control that enables well-organized oversight and management of the department,
while generating additional focus on project deliverables. Moreover, it will allow the City
to better serve the needs of the community through the creation of coordinated
strategies, programs, and related activities.
Providing a greater focus and commitment to Economic Development by establishing
and staffing the Economic Development Department, accelerates Downtown
revitalization efforts and allows the City to attract new businesses with greater
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marketing and outreach initiatives. It also helps to retain existing business with better
services, and establish special event programs, leading to long-term revenue growth
and economic prosperity.
There are 82 budgeted positions in the Community and Economic Development
organizational structure responsible for the functions, programs, and activities of the
Planning Division, Building Division, Code Enforcement, Economic and Housing
Development. The new structure would move the positions responsible for Economic
Development into the newly created Economic Development Department. Planning,
Building, Code and Housing would remain in the Community Development and
Housing Department.
As changes are made to salaries or classifications, the City is required to adopt a
revised salary schedule in a public meeting. The attached salary schedule meets the
California Public Employees Retirement System’s (CalPERS) pay rate reporting
requirements in accordance with Government Code Section 20636 defining
“Compensation Earnable” and the California Code of Regulations (CCR) Section
570.5.
2021-2025 Strategic Targets and Goals
Establishing the Economic Development and Community Development and Housing
Departments aligns with Key Target No. 2: Focused, Aligned Leadership, and Unified
Community by enabling the City to improve service delivery to the community and to
function more efficiently.
Fiscal Impact
There is no impact to the General Fund as costs were previously approved by the
Mayor and City Council on September 12, 2023 and formally adopted and the budget
amended on October 4, 2023.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2024-027:
a. Restructuring the Community and Economic Development Department
by creating the Community Development & Housing Department and the
Economic Development Department.
b. Retitling the Human Resources Department to Human Resources and
Risk Management Department.
c. Retitling the Finance Department to Finance and Management Services
Department.
d. Retitling the Director and Deputy Director of Human Resources (U)
Classifications.
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e. Retitling the Deputy Director of Finance (U) Classification.
f. Amending the City-wide Salary Schedule for full-time, part-time,
temporary, and seasonal positions.
2. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1625 amending Chapter 2.10 and Chapter 2.15, adding Chapter 2.83, and
amending sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino
Municipal Code regarding updating titles and organizational duties of various
City Departments and Department Heads.
Attachments
Attachment 1 Ordinance MC -1625
Attachment 2 Resolution 2024-027
Attachment 3 Resolution 2024-027; Exhibit A - City-wide Salary Schedule
Attachment 4 Exhibit B - Organizational Charts
Ward:
All
Synopsis of Previous Council Actions:
December 6, 2023 Mayor and City Council adopted Resolution No. 2023-179
amending the City-wide salary schedule for full time, part-time,
temporary, and seasonal positions.
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Ordinance No. MC-1625
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ORDINANCE NO. MC-1625
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 2.10 OF THE SAN BERNARDINO
MUNICIPAL CODE, AMENDING CHAPTER 2.15 OF THE
SAN BERNARDINO MUNICIPAL CODE, ADDING
CHAPTER 2.83 TO THE SAN BERNARDINO MUNICIPAL
CODE, AND AMENDING SECTIONS 3.16.060 AND
19.70.036(D)(14)(D) REGARDING UPDATING TITLES AND
ORGANIZATIONAL DUTIES OF VARIOUS CITY
DEPARTMENTS AND DEPARTMENT HEADS AND
UPDATING SUCH REFERENCES THROUGHOUT THE
SAN BERNARDINO MUNICIPAL CODE
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal
corporation, duly organized under the California Constitution and laws of the State of California;
and
WHEREAS, the City desires to update the names, titles, and organizational duties of
various City departments and department heads; and
WHEREAS, the Department of Finance shall henceforth be named the Department of
Finance and Management Services; and
WHEREAS, the Department of Community Development shall be divided into the
Department of Community Development and Housing and the Department of Economic
Development; and
WHEREAS, the Department of Human Resources shall henceforth be named the
Department of Human Resources and Risk Management.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Chapter 2.10 of the San Bernardino Municipal Code is hereby amended in
its entirety to read as follows:
“Chapter 2.10 Department of Finance and Management Services
Sections:
2.10.010 Created
2.10.020 Position established – Bond
2.10.030 Powers and duties
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Ordinance No. MC-1625
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2.10.040 Divisions of Department
2.10.010 Created
A Department of Finance and Management Services is created.
2.10.020 Position Established – Bond
A. The position of Director of Finance and Management Services of the City is
established. This position shall be in the unclassified service of the Civil Service.
B. The Director of Finance and Management Services shall be appointed by the City
Manager.
C. The Director of Finance and Management Services shall execute and deposit a
fidelity bond in the amount of ten thousand dollars prior to taking office.
2.10.030 Powers and Duties
The Director of Finance and Management Services, under the supervision and direction of
the City Manager or their designee, shall have charge of the administration of the financial affairs
of the City, except for Municipal Water Department. The Director of Finance and Management
Services shall have the following powers and duties:
A. To ensure deposit of all money received by and on behalf of the City in such
depository or depositories as may be designated by the Mayor and City Council, in compliance
with all the provisions of the State Constitution and laws of the State governing the handling,
deposit and securing of public funds and the handling of trust funds in his possession.
B. To maintain custody of money deposited in the City treasury, to invest same
pursuant to the City’s adopted investment policy, and to transfer money from one fund into another
fund by motion and a majority vote of the City Council or by its approval of the tentative and final
budgets containing fund balances for each fiscal year.
C. To maintain custody of all securities bought by the City government for the account
of any fund and of any unsold bonds of the City, and to make investments and keep records of
those investments on behalf of the City. In the event of the sale of any bonds by the City, as
provided by law, to deliver the same, and receive from the purchaser the amount of money due
from such sale, and credit the same to the proper bank account in the same manner as other deposits
and report such action to the legislative body and the City Manager.
D. To supervise all disbursements and expenditures to assure that payment has been
legally authorized and appropriated, and that sufficient unencumbered appropriations exist for the
payment of all claims and expenditures.
E. To develop, supervise and maintain the general accounting system for the City
government.
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Ordinance No. MC-1625
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F. To procure materials, supplies and general services for the City and establish
appropriate standards and specifications with respect to the purchase of supplies, materials and
equipment.
G. To regularly, at least quarterly, and at the end of each fiscal year prepare and submit
to the City Manager, and the Mayor and City Council, a statement and report indicating the
financial condition of the City, including, but not limited to, receipts, disbursements,
appropriations and reserves.
H. To establish, supervise, and maintain a system of data processing for the handling
of accounting information and other reports and tabulations required by the City.
I. He, or his designated representative, shall audit all purchase orders before they
become effective, and audit and approve, before payment, all bills, invoices, payrolls, demands or
charges against the City government, and determine the regularity, correctness, and, with the
advice of the City Attorney, the legality of such claims, demands and charges; and he, or his
designated representative, shall attach to the register of audited demands before submission to the
Mayor and City Council his affidavit certifying as to the accuracy of the demands and the
availability of funds for payment thereof pursuant to Government Code Section 37202; and he, or
his designated representative, in lieu of the City Clerk, shall certify or approve demands as
conforming to a budget approved by resolution pursuant to Government Code Section 37208,
provided that the provisions of Section 37208 shall in other particulars be applicable to the City.
J. To compile the preliminary budget data, including capital and operating
expenditure projections, and revenue projections for the City Manager.
K. To prepare and maintain current inventory of all materials, supplies and equipment
of the City.
L. To audit or designate a representative to audit all purchase orders before they
become effective, and audit and approve, before payment, all bills, invoices, payrolls, demands or
charges against the City government, and determine the regularity, correctness, and, with the
advice of the City Attorney, the legality of such claims, demands and charges; and to certify by
attached affidavit the accuracy of the register of audited demands, and the availability of funds for
payment thereof pursuant to Government Code Section 37202 before submission to the Mayor and
City Council; and to certify or approve demands as conforming to a budget approved by resolution
pursuant to Government Code Section 37208.
M. To prescribe the forms of receipts, vouchers, bills, or claims to be used by all the
agencies of the City.
N. To supervise the work of preparing the City payroll and maintaining records of all
payroll data; and he or she shall supervise the work for the State Employees' Retirement System
in accordance with the law and administrative directors of the Retirement System.
O. To perform such other duties as may be imposed by ordinance or resolution of the
Mayor and City Council, or as the City Manager may direct.
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Ordinance No. MC-1625
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P. To appoint, supervise, discipline, and evaluate employees of the Department of
Finance and Management Services.
2.10.040 Division of Department
A. The Department of Finance and Management Services shall be under the
supervision of the Director of Finance and Management Services and shall consist of the following
divisions:
1. Purchasing division;
2. Accounting division;
3. Payroll division;
4. Such other divisions as may be authorized by the Mayor and the City
Council.
B. The heads of each of these divisions shall be in the unclassified civil service.”
SECTION 3.Chapter 2.15 of the San Bernardino Municipal Code is hereby amended in
its entirety to read as follows:
“Chapter 2.15 Department of Community Development and Housing
Sections:
2.15.010 Established
2.15.020 Director-Duties
2.15.010 Established
There is established a Department of Community Development and Housing.
2.15.020 Director – Duties
The Department shall be under the management and control of the Director of Community
Development and Housing, who shall be appointed by the City Manager. Under the policies of the
Mayor and City Council, the Director shall have all the powers and perform all the duties that are
now or may hereafter be conferred or imposed by City Charter, law or the Mayor and City Council
relating to planning, building and safety, housing, and code enforcement, and shall plan, coordinate
and report on all the duties and activities involved in such programs.”
SECTION 4.Chapter 2.83 is hereby added to the San Bernardino Municipal Code to
read as follows:
“Chapter 2.83 Department of Economic Development
Section:
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Ordinance No. MC-1625
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2.83.010 Established
2.83.020 Director – Duties
2.83.010 Established
There is established a Department of Economic Development.
2.83.020 Director – Duties
The Department shall be under the management and control of the Director of Economic
Development, who shall be appointed by the City Manager with approval of the Mayor and City
Council. Under the policies of the Mayor and City Council, the Director shall have all the powers
and perform all the duties that are now or may hereafter be conferred or imposed by City Charter,
law or the Mayor and City Council relating to economic development, planning, designing, and
implementing economic development strategies, as well as acting as a key liaison between public
and private sectors and the community, and shall plan, coordinate and report on all the duties and
activities involved in such programs.”
SECTION 5.The references to “Director of Human Resources” shall be amended to
“Director of Human Resources and Risk Management” in Sections 3.16.060 and
19.70.036(D)(14)(D) of the San Bernardino Municipal Code.
SECTION 6.The references to “Director of Finance” and “Finance Director” shall be
amended to “Director of Finance and Management Services” in Sections 2.08.010, 2.62.020,
2.70.060, 3.05.010(B), 3.05.010(C), 3.05.030, 3.05.050, 3.08.020(C), 3.08.020(D), 3.44.050(C),
3.44.060(C), 3.44.070(A), 3.44.070(C), 3.44.080(B), 3.44.100, 3.44.110(A), 3.44.110(B),
3.44.120, 3.44.130(A), 3.44.130(B), 3.44.130(C), 3.44.140(A)(3), 3.44.144(B)(1), 3.44.144(B)(2),
3.44.144(C), 3.44.144(D), 3.44.144(E), 3.44.144(F), 3.44.144(G), 3.44.160, 3.46.020(T),
3.55.150, 5.18.040(U), 5.30.020(F), 5.30.040(A), 5.30.040(C), 5.30.050, 5.30.090(A), 5.30.100,
5.76.040(B), 5.76.110(A), 5.76.280(A), 5.76.290(A), 5.76.290(B), 5.76.400, 8.60.050(E), and
17.08.040(3) of the San Bernardino Municipal Code.
SECTION 7.The references to “Director of Community Development” and “Community
Development Director” shall be amended to “Director of Community Development and Housing”
in Sections 5.10.130(e), 5.10.150, 5.10.180(e), 5.10.230, 5.10.310(k), 8.18.010(B), 8.18.020(D),
8.97.100, 15.05.030, 15.26.040(C), 15.27.030(C), 15.37.045(B), 15.37.045(C), 15.37.060(1),
15.37.070, 15.57.020(B), 16.18.010(C), 19.02.040(3)(A), 19.04.030(2)(U)(2), 19.19A.020,
19.28.030, 19.28.060(5), 19.28.100, 19.68.090(1), 19.68.090(3), 19.68.090(6), 19.68.120(4),
19.68.130(3), 19.68.130(4), 19.68.130(5), 19.70.036(C)(2), 19.70.036(C)(6), 19.70.036(D)(2),
19.70.036(D)(4)(B), 19.70.036(D)(5)(A)(1), 19.70.036(D)(6), 19.70.036(D)(7), 19.70.036(D)(8),
19.70.036(D)(9), 19.70.036(D)(10), and 19.70.036(D)(14(D) of the San Bernardino Municipal
Code.
SECTION 8.The reference to “Department of Human Resources” shall be amended to
“Department of Human Resources and Risk Management” in Chapter 2.04 and Section 2.04.010
of the San Bernardino Municipal Code.
SECTION 9.The references to “Department of Finance” and “Finance Department” shall
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Ordinance No. MC-1625
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be amended to “Department of Finance and Management Services” in Sections 2.08.010, 3.04.020,
3.04.060, 3.04.080(F), 3.05.010, 3.44.131(A)(5), 3.44.131(B)(5), 3.55.030(E), 3.55.035(B),
3.55.040, 3.55.045(C), 3.55.050(A)(3)(ii), 3.55.050(B), 3.55.060(A), 3.55.060(B), 3.55.060(C),
3.55.065, 3.55.080, 3.55.080(D), 3.55.090, 3.55.110(A), 3.55.110(B), 3.55.150, 3.64.050,
3.64.070(B), 5.10.080, 5.18.040(N)(8), 5.44.025(B), 5.44.025(C), 5.44.030(A), 5.44.070,
5.44.086(A), 5.44.086(B), 5.44.100, 5.76.040(A), 5.76.040(B), 5.76.040(C), 5.76.050,
5.76.060(A), 5.76.060(B), 5.76.060(C), 5.76.070(A), 5.76.070(B), 5.76.110(A), 5.76.130(B),
5.76.130(C), 5.76.140, 5.76.170, 5.76.230, 5.76.260, 5.76.280(A), 5.76.310, 5.76.320(B),
5.76.330, 5.76.340(A), 5.76.340(C), 5.76.340(D), 5.76.380, 5.76.390, 5.76.400, 5.76.410,
5.76.580, 5.82.030, 5.82.090, 5.82.150, 8.18.070(B)(3), 8.60.020, 8.60.030(C), 8.60.030(F),
8.60.040, 8.60.080, 8.60.090, 8.60.095(C), 8.60.095(D), 8.60.160, 8.81.170, 12.32.050,
14.08.11(B), and 19.70.036(F)(7) of the San Bernardino Municipal Code.
SECTION 10.The references to “Department of Community Development” and
“Community Development Department” shall be amended to “Department of Community
Development and Housing” in Sections 5.10.180(e), 5.10.280(a)(8), 5.10.360(c), 5.10.360(f),
5.36.050(A), 8.14.010(A), 8.60.80, 8.97.100, 15.04.150, 15.20.030(A), 15.20.050(A), 15.37.070,
15.37.090, 15.57.050, 19.02.040(3)(B), 19.02.050, 19.02.060(2), 19.04.030(2)(V)(13),
19.06.030(2)(B)(Article II)(Section VI), 19.06.030(2)(B)(Article III)(Section V),
19.06.030(R)(1)(i)(1), 19.06.030(R)(2)(e)(3)(iv), 19.06.030(R)(2)(e)(3)(v),
19.06.030(R)(2)(e)(3)(vii), G19.10.060(2), 19.10-E.020, 19.20.030(8)(E), 19.20.030(8)(E)(3)(b),
19.20.030(8)(F)(1), 19.20.030(8)(F)(2)(a), 19.28.030(3), 19.28.030(11), 19.28.060(5),
19.28.120(3)(B) [Landscape Plan Submittal Requirements], 19.68.090(1), 19.68.150(1),
19.70.036(D)(4)(A), 19.70.040(B)(2), and 19.70.040(C)(2) of the San Bernardino Municipal
Code.
SECTION 11.Certification. City Clerk of the City of San Bernardino shall certify
to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
SECTION 12. CEQA. The Mayor and City Council finds this Ordinance is not
subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the
general rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty, as in this case, that there is no
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA.
SECTION 13.Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid
by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
Packet Page. 1505
Ordinance No. MC-1625
3
9
1
1
SECTION 14. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1506
Ordinance No. MC-1625
3
9
1
1
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1625, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 17th day of January 2024. Ordinance No. MC-1625 was approve
passed and adopted at a regular meeting held the ___ day of , 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 1507
Resolution No. 2024-027
Resolution 2024-027
January 17, 2024
Page 1 of 4
3
9
0
7
RESOLUTION NO. 2024-027
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RESTUCTURING THE COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT BY CREATING THE
COMMUNITY DEVELOPMENT & HOUSING
DEPARTMENT AND THE ECONOMIC DEVELOPMENT
DEPARTMENT; RETITLING THE HUMAN RESOURCES
DEPARTMENT; RETITLING THE FINANCE
DEPARTMENT; RETITLING THE DIRECTOR AND
DEPUTY DIRECTOR OF HUMAN RESOURCES (U)
CLASSIFICATIONS; RETITLING THE DEPUTY
DIRECTOR OF FINANCE (U) CLASSIFICATION; AND
AMENDING THE CITY-WIDE SALARY SCHEDULE FOR
FULL-TIME, PART-TIME, TEMPORARY, AND
SEASONAL POSITIONS
WHEREAS, separating the current Community and Economic Development Department
into the Economic Development Department and the Community Development & Housing
Department will better address a wide range of short and long-term development deliverables
related to the management and control of City growth, development, improvement, and
reinvigoration.; and
WHEREAS, providing a greater focus and commitment to Economic Development by
establishing and staffing the Economic Development Department, accelerates Downtown
revitalization efforts and allows the City to attract new businesses with greater marketing and
outreach initiatives; and
WHEREAS, the new structure would move the positions from the Community and
Economic Development Department responsible for Economic Development into the newly
created Economic Development Department; and
WHEREAS, retitling the Human Resources Department to Human Resources & Risk
Management will provide a more accurate representation of the Departments functions; and
WHEREAS, retitling the Finance Department to Finance & Management Services will
provide a more accurate representation of the Departments functions; and
WHEREAS, retitling the Director and Deputy Director of Human Resources (U)
classifications to Director and Deputy Director of Human Resources & Risk Management (U) will
provide a more accurate representation of the position’s functions; and
WHEREAS, retitling the Deputy Director of Finance (U) classification to Deputy Director
of Finance & Management Services (U) will provide a more accurate representation of the
position’s functions; and
Packet Page. 1508
Resolution No. 2024-027
Resolution 2024-027
January 17, 2024
Page 2 of 4
3
9
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7
WHEREAS, the salary schedule includes all adopted and approved classification and
salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement
Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section
20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section
570.5.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Community and Economic Development Department are now split into
the Community Development & Housing Department and the Economic Development
Department.
SECTION 3. The Human Resources Department is retitled Human Resources & Risk
Management.
SECTION 4. The Finance Department is retitled Finance & Management Services.
SECTION 5. The Director of Human Resources (U) classification is retitled Director of
Human Resources & Risk Management (U).
SECTION 6. The Deputy Director of Human Resources (U) classification is retitled
Deputy Director of Human Resources & Risk Management (U).
SECTION 7. The Deputy Director of Finance (U) classification is retitled Director of
Finance & Management Services (U).
SECTION 8.The City-wide salary schedule for all City of San Bernardino’s
classifications attached hereto and incorporated herein as Exhibit “A”, are hereby approved.
SECTION 9.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 10.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 11. Effective Date. This Resolution shall become effective immediately.
Packet Page. 1509
Resolution No. 2024-027
Resolution 2024-027
January 17, 2024
Page 3 of 4
3
9
0
7
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1510
Resolution No. 2024-027
Resolution 2024-027
January 17, 2024
Page 4 of 4
3
9
0
7
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. 2024-027, adopted at a regular meeting held on the 17th day of January 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 1511
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024 EXHIBIT A
City of San Bernardino
Salary Schedule
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30011
30012
10012
20013
10860
30017
30018
30030
30709
10081
10092
10093
10534
20457
10979
30140
30141
30092
20320
30130
20319
30119
00300
20620
30400
30894
10492
30271
50141
10644
30312
30168
10216
10104
10105
10106
10107
20169
00194
10060
10062
20250
ACCOUNTANT I (FLEX)
ACCOUNTANT II
ACCOUNTANT II ‐ PAYROLL
ACCOUNTANT III
ACCOUNTING DIVISION MANAGER (U)
ACCOUNTING TECHNICIAN I (FLEX)
ACCOUNTING TECHNICIAN II
ACCOUNTING TECHNICIAN III
ADMINISTRATIVE ASSISTANT
ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)
ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)
ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)
ADMINISTRATIVE CLAIMS SPECIALIST
ADMINISTRATIVE SERVICES SUPERVISOR
ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)
ANIMAL CONTROL OFFICER I (FLEX)
ANIMAL CONTROL OFFICER II
ANIMAL LICENSE INSPECTOR
ANIMAL SERVICES MANAGER
ANIMAL SERVICES REPRESENTATIVE
ANIMAL SERVICES SUPERVISOR
ANIMAL SHELTER ATTENDANT
APPRENTICE (PT)
465
485
485
520
608
399
419
437
400
464
410
430
420
484
535
411
424
370
526
370
478
370
381
468
452
500
583
430
P6
705
365
502
580
430
480
530
580
530
493
608
581
542
$5,001.98
$5,527.33
$5,401.95
$6,575.74
$9,976.33
$3,599.92
$3,976.75
$4,350.27
$3,617.65
$4,864.68
$3,716.48
$4,106.44
$3,906.04
$5,494.91
$6,931.44
$3,821.59
$4,077.61
$3,114.46
$6,775.07
$3,114.46
$5,333.23
$3,114.46
$2,969.00
$5,073.00
$4,688.31
$5,956.26
$8,806.47
$4,201.75
$23,765.30
$16,184.19
$3,037.98
$6,016.12
$8,676.49
$4,106.44
$5,268.72
$6,761.38
$8,676.49
$6,912.39
$5,190.00
$9,976.33
$8,719.81
$7,338.73
$6,080.40
$6,718.81
$6,566.40
$7,993.21
$12,126.50
$4,374.65
$4,833.51
$5,287.93
$4,396.82
$5,913.23
$4,516.97
$4,990.33
$4,747.69
$6,678.72
$8,425.18
$4,645.09
$4,956.53
$3,786.12
$8,235.73
$3,786.12
$6,482.71
$3,786.12
$3,608.00
$6,167.11
$5,699.13
$7,239.73
$10,704.25
$5,106.16
$23,765.30
$19,669.95
$3,693.02
$7,312.88
$10,546.10
$4,990.33
$6,403.92
$8,218.29
$10,546.10
$8,401.84
$6,308.00
$12,126.50
$10,598.09
$8,920.10
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
NA
AQUATICS SUPERVISOR
ARBORIST
ASSESSMENT DISTRICT/REAL PROP SPECIALIST
ASSISTANT BUILDING OFFICIAL
ASSISTANT BUYER
MIDDLE MANAGEMENT
GENERAL
GENERAL
MANAGEMENT
GENERAL
ASSISTANT CHIEF OF POLICE POLICE MANAGEMENT
EXECUTIVEASSISTANT CITY MANAGER (U)
ASSISTANT LITERACY PROGRAM COORDINATOR
ASSISTANT PLANNER (FLEX)
ASSISTANT TO THE CITY MANAGER (U)
ASSISTANT TO THE MAYOR I (U)
ASSISTANT TO THE MAYOR II (U)
ASSISTANT TO THE MAYOR III (U)
ASSISTANT TO THE MAYOR IV (U)
ASSOCIATE PLANNER
GENERAL
GENERAL
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
NA
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
BACKGROUND INVESTIGATOR (PT)
BUDGET DIVISION MANAGER (U)
BUDGET OFFICER
BUILDING INSPECTION SUPERVISOR
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8
Packet Page. 1512
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30072
30073
30074
10500
30502
20263
30650
30651
20271
10870
30292
10398
50280
10399
00601
10370
PENDING
10495
10273
30450
30455
10135
30135
30890
30120
10100
30754
20923
30821
20925
20504
30758
20781
30990
20424
10072
30604
30603
00605
20600
30602
00054
20616
30621
30222
30226
BUILDING INSPECTOR I (FLEX)
BUILDING INSPECTOR II
BUILDING INSPECTOR III
BUILDING OFFICIAL (U)
BUSINESS REGISTRATION INSPECTOR
BUSINESS REGISTRATION MANAGER
BUSINESS REGISTRATION REPRESENTATIVE I
BUSINESS REGISTRATION REPRESENTATIVE II
BUYER
CAPITAL IMPROVEMENT PROJECT MANAGER
CEMETERY CARETAKER
CHIEF DEPUTY CITY CLERK (U)
460
487
511
613
459
530
419
429
460
591
395
565
NA
$4,878.95
$5,582.75
$6,292.09
$10,228.72
$4,854.57
$6,912.39
$3,976.75
$4,180.69
$4,874.77
$9,165.01
$3,527.87
$8,050.39
$28,565.57
$10,590.00
$3,125.00
$27,083.33
$11,077.95
$10,591.59
$7,970.23
$4,437.83
$5,180.42
$5,321.79
$3,996.70
$4,549.77
$4,372.43
$9,586.38
$5,128.33
$7,869.18
$3,407.06
$5,605.65
$4,827.15
$4,138.57
$5,386.39
$4,372.43
$9,093.96
$5,998.80
$3,617.65
$5,752.33
$2,782.00
$5,662.13
$5,752.33
$2,782.00
$5,306.66
$3,083.43
$3,373.81
$3,545.61
$5,930.77
$6,785.31
$7,648.71
$12,431.96
$5,900.85
$8,401.84
$4,833.51
$5,080.67
$5,925.69
$11,140.78
$4,288.20
$9,785.69
$28,565.57
$12,873.00
$3,125.00
$27,083.33
$13,465.34
$12,873.91
$9,688.20
$5,394.33
$6,296.53
$6,468.91
$4,857.89
$5,530.66
$5,314.53
$11,652.05
$6,234.46
$9,564.61
$4,141.90
$6,813.83
$5,867.00
$5,030.79
$6,546.94
$5,314.53
$11,052.95
$7,291.06
$4,396.82
$6,991.46
$3,382.00
$6,882.49
$6,991.46
$3,382.00
$6,449.49
$3,748.43
$4,100.89
$4,310.37
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
MANAGEMENT
EXECUTIVECHIEF OF POLICE
CITY CLERK (U)
CITY COUNCIL
CITY MANAGER (U)
636
NA
NA
NA
NA
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
CONFIDENTIAL
GENERAL
CITY PLANNER (U)629
620
563
441
472
482
420
446
438
600
470
556
388
488
458
427
480
438
585
506
400
493
368
490
493
368
477
368
386
396
CIVIL ENGINEERING DIVISION MANAGER (U)
CODE ENFORCEMENT DIVISION MANAGER (U)
CODE ENFORCEMENT OFFICER I (FLEX)
CODE ENFORCEMENT OFFICER II
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT
COMMUNITY DEVELOPMENT TECHNICIAN
COMMUNITY INTERVENTION PROGRAM COORDINATOR
COMMUNITY INTERVENTION PROGRAM MANAGER (U)
COMMUNITY POLICING SPECIALIST
COMMUNITY RECREATION MANAGER
COMMUNITY RECREATION PROGRAM COORDINATOR
COMMUNITY RECREATION PROGRAM SUPERVISOR
COMMUNITY SERVICES CENTER SUPERVISOR
COMMUNITY SERVICES OFFICER
COMMUNITY SERVICES OFFICER SUPERVISOR
COMMUNITY SERVICES PROGRAM COORDINATOR
CONSTRUCTION MANAGER
COUNCIL ADMINISTRATIVE SUPERVISOR (U)
CRIME ANALYSIS SUPPORT ASSISTANT
CRIME ANALYST
GENERAL
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
CRIME DATA TECHNICIAN (PT)
CRIME FREE PROGRAM COORDINATOR
CRIMINAL INVESTIGATION OFFICER
CUSTODIAL AIDE (PT)
CUSTODIAL SUPERVISOR
CUSTODIAN
NA
MIDDLE MANAGEMENT
GENERAL
CUSTOMER SERVICE REPRESENTATIVE
CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)
GENERAL
GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8
Packet Page. 1513
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30227
30224
30100
10650
10654
09372
10675
10066
10720
10610
10638
10830
10732
10803
10802
10400
40466
10685
09526
09520
09527
09710
09665
10625
10731
09753
20200
10140
10125
10127
10120
30831
30841
10367
30432
30434
30436
20441
10180
30445
10200
30420
20444
20024
20025
30921
CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)
CUSTOMER SERVICE REPRESENTATIVE (U)
DATA ANALYST
DEPUTY CITY CLERK I (U)
DEPUTY CITY CLERK II (U)
396
386
444
490
530
700
619
629
629
629
629
629
629
678
662
575
P2
630
662
692
662
692
660
660
662
692
560
590
600
560
500
445
465
565
450
475
511
532
590
446
532
464
560
551
523
431
$3,545.61
$3,373.81
$4,505.44
$5,538.44
$6,761.38
$15,785.57
$10,538.52
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$11,077.95
$14,144.51
$13,060.22
$8,462.01
$8,746.90
$11,133.20
$13,060.22
$15,168.14
$13,060.22
$15,168.14
$12,930.24
$12,930.24
$13,060.22
$15,168.14
$8,027.54
$9,119.52
$9,586.38
$7,852.17
$5,821.15
$4,527.60
$5,001.98
$8,050.39
$4,641.76
$5,258.00
$6,292.09
$6,981.04
$9,119.52
$4,549.77
$6,828.53
$4,977.59
$8,027.54
$7,675.38
$6,675.40
$4,221.70
$4,310.37
$4,100.89
$5,476.35
$6,732.13
$8,218.29
$19,186.84
$12,810.00
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$13,465.34
$17,192.66
$15,874.39
$10,286.13
$11,471.16
$13,532.50
$15,874.39
$18,436.18
$15,874.39
$18,436.18
$15,716.25
$15,716.25
$15,874.39
$18,436.18
$9,757.29
$11,085.54
$11,652.05
$9,544.13
$7,075.51
$5,502.95
$6,080.40
$9,785.69
$5,642.60
$6,391.85
$7,648.71
$8,486.00
$11,085.54
$5,530.66
$8,300.61
$6,050.47
$9,757.29
$9,329.84
$8,113.91
$5,131.65
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
MANAGEMENT
EXECUTIVE
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
POLICE SAFETY
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
EXECUTIVE
DEPUTY CITY MANAGER (U)
DEPUTY DIRECTOR OF ANIMAL SERVICES (U)
DEPUTY DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)
DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)
DEPUTY DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)
DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)
DEPUTY DIRECTOR OF OPERATIONS (U)
DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)
DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)
DEPUTY DIRECTOR/CITY PLANNER (U)
DEPUTY LIBRARY DIRECTOR (U)
DETECTIVE/CORPORAL
DIRECTOR OF ANIMAL SERVICES (U)
DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING (U)
DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)
DIRECTOR OF ECONOMIC DEVELOPMENT (U)
DIRECTOR OF FINANCE & MANAGEMENT SERVICES (U)
DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT (U)
DIRECTOR OF INFORMATION TECHNOLOGY (U)
DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)
DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)
DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST
DIVERSITY, EQUITY & INCLUSION OFFICER (U)
ECONOMIC DEVELOPMENT DIVISION MANAGER (U)
ECONOMIC DEVELOPMENT PROJECT MANAGER
ECONOMIC DEVELOPMENT SPECIALIST
ELECTRICIAN I (FLEX)
ELECTRICIAN II
EMERGENCY OPERATIONS MANAGER
ENGINEERING ASSISTANT I (FLEX)
ENGINEERING ASSISTANT II
ENGINEERING ASSISTANT III
ENGINEERING ASSOCIATE
ENGINEERING PROJECT MANAGER
MIDDLE MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
ENGINEERING TECHNICIAN
ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER
ENVIRONMENTAL PROGRAMS COORDINATOR
ENVIRONMENTAL PROJECT MANAGER
EQUIPMENT MAINTENANCE MANAGER
EQUIPMENT MAINTENANCE SUPERVISOR
EQUIPMENT MECHANIC I (FLEX)
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8
Packet Page. 1514
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30902
30943
30707
10707
10982
10978
10976
10951
00083
10939
30623
20092
10512
30506
30944
00259
20060
30165
30166
20160
20490
10624
10623
10730
10778
30133
30136
20100
30098
30516
10700
10121
10129
10657
10683
10684
10682
10672
10673
30207
30101
10627
10626
10637
10631
10388
EQUIPMENT MECHANIC II
EQUIPMENT SERVICE WORKER
EXECUTIVE ASSISTANT
450
408
430
430
464
502
502
550
368
591
420
515
532
398
438
361
478
448
478
543
542
580
483
601
506
476
390
506
392
452
556
500
601
518
500
518
476
590
490
418
460
498
520
599
530
430
$4,641.76
$3,765.06
$4,201.75
$4,106.44
$4,864.68
$5,879.65
$5,879.65
$7,469.79
$2,782.00
$9,165.01
$3,996.70
$6,414.06
$6,828.53
$3,581.07
$4,372.43
$2,687.00
$5,333.23
$4,596.32
$5,337.81
$7,375.28
$7,338.73
$8,676.49
$5,347.79
$9,634.04
$5,998.80
$5,284.61
$3,441.42
$6,132.78
$3,475.78
$4,688.31
$7,697.27
$5,821.15
$9,634.04
$6,368.17
$5,821.15
$6,368.17
$5,164.73
$9,119.52
$5,538.44
$3,956.80
$4,878.95
$5,763.74
$6,432.08
$9,538.72
$6,761.38
$4,106.44
$5,642.60
$4,576.37
$5,106.16
$4,990.33
$5,913.23
$7,147.00
$7,147.00
$9,080.52
$3,382.00
$11,140.78
$4,857.89
$7,796.09
$8,300.61
$4,353.59
$5,314.53
$3,266.00
$6,482.71
$5,586.08
$6,488.27
$8,964.40
$8,920.10
$10,546.10
$6,500.32
$11,710.55
$7,291.06
$6,423.99
$4,182.91
$7,453.90
$4,225.02
$5,699.13
$9,355.66
$7,075.51
$11,710.55
$7,740.59
$7,075.51
$7,740.59
$6,278.27
$11,085.54
$6,732.13
$4,810.23
$5,930.77
$7,006.18
$7,818.59
$11,593.56
$8,218.29
$4,990.33
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
NA
EXECUTIVE ASSISTANT (U)
EXECUTIVE ASSISTANT TO DIRECTOR (U)
EXECUTIVE ASSISTANT TO MAYOR (U)
EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)
EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)
EXTRA RELIEF HEAVY LABORER (PT)
FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)
FACILITIES MAINTENANCE MECHANIC
FACILITIES MAINTENANCE SUPERVISOR
FINANCIAL ANALYST
FLEET PARTS STOREKEEPER
FLEET PARTS TECHNICIAN
FOOD SERVICE PROGRAM SPECIALIST (PT)
FOOD SERVICE SUPERVISOR
FORENSICS SPECIALIST I (FLEX)
FORENSICS SPECIALIST II
FORENSICS SUPERVISOR
FORESTRY SUPERVISOR
GIS ADMINISTRATOR
GIS ANALYST
GRANT DIVISION MANAGER (U)
GRANT WRITER
GRANTS ANALYST
GRANTS ASSISTANT
GRANTS MANAGER (U)
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
MANAGEMENT
GENERAL
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
GENERAL
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
GENERALGROUNDWORKER ARBORIST
HAZMAT TECHNICIAN GENERAL
HOMELESS SERVICES COORDINATOR
HOUSING COMPLIANCE SPECIALIST
HOUSING DIVISION MANAGER (U)
HUMAN RESOURCES ANALYST
HUMAN RESOURCES ANALYST I
HUMAN RESOURCES ANALYST II
HUMAN RESOURCES ANALYST TRAINEE
HUMAN RESOURCES DIVISION MANAGER (U)
HUMAN RESOURCES GENERALIST
HUMAN RESOURCES TECHNICIAN
HVAC MECHANIC
INFORMATION TECHNOLOGY ANALYST I (FLEX)
INFORMATION TECHNOLOGY ANALYST II
INFORMATION TECHNOLOGY MANAGER
INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR
INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
CONFIDENTIAL
CONFIDENTIAL
MANAGEMENT
CONFIDENTIAL
CONFIDENTIAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8
Packet Page. 1515
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30638
30639
00308
30113
30080
30463
30311
30932
20170
30490
30593
10319
10233
30335
30366
30341
20388
10401
20385
30380
00361
20387
30391
30392
00133
30215
20484
30486
30487
30488
10530
10531
10532
10533
10516
30515
00502
10503
10190
10528
30425
30426
20555
10122
10868
30178
LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)
LANDSCAPE & IRRIGATION INSPECTOR II
LAW ENFORCEMENT TRAINEE
LEAD ANIMAL CONTROL OFFICER
LEAD BUILDING INSPECTOR
447
467
NA
$4,573.05
$5,052.96
$34.77
$5,558.37
$6,141.36
$34.77
MONTHLY
MONTHLY
HOURLY
GENERAL
GENERAL
NA
GENERAL
GENERAL
GENERAL
GENERAL
GENERAL
437
526
498
397
470
516
452
471
497
593
450
479
370
460
635
492
422
361
450
380
402
377
470
522
393
415
425
476
476
506
506
476
461
NA
$4,350.27
$6,780.88
$5,897.52
$3,563.34
$5,128.33
$6,446.17
$4,688.31
$5,154.93
$5,734.50
$9,257.08
$4,641.76
$5,364.41
$3,114.46
$4,874.77
$11,414.83
$5,718.61
$4,036.60
$2,687.00
$4,637.79
$3,274.06
$3,653.12
$2,910.00
$5,128.33
$6,642.18
$3,493.51
$3,898.06
$4,097.56
$5,164.73
$5,164.73
$5,998.80
$5,998.80
$5,164.73
$4,903.33
$4,166.67
$8,676.49
$7,891.16
$8,090.47
$4,903.33
$5,527.33
$6,741.85
$6,368.17
$9,165.01
$3,563.34
$5,287.93
$8,242.79
$7,168.80
$4,331.43
$6,234.46
$7,834.85
$5,699.13
$6,265.49
$6,970.44
$11,252.35
$5,642.60
$6,520.41
$3,786.12
$5,925.69
$13,873.71
$6,951.14
$4,906.66
$3,266.00
$5,637.77
$3,980.08
$4,441.15
$3,537.00
$6,234.46
$8,072.94
$4,246.08
$4,738.19
$4,980.92
$6,278.27
$6,278.27
$7,291.06
$7,291.06
$6,278.27
$5,960.70
$4,166.67
$10,546.10
$9,591.80
$9,834.43
$5,960.70
$6,718.81
$8,194.75
$7,740.59
$11,140.78
$4,331.43
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
LEAD CODE ENFORCEMENT OFFICER
LEAD CUSTODIAN
LEAD EQUIPMENT MECHANIC
LEAD FORENSICS SPECIALIST
LEAD MAINTENANCE WORKER
LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER
LEGAL ADMINISTRATIVE ASSISTANT (U)
LEGISLATIVE & GOVERNMENTAL AFFAIRS MANAGER (U)
LIBRARIAN I (FLEX)
MIDDLE MANAGEMENT
GENERAL
GENERAL
CONFIDENTIAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
LIBRARIAN II
LIBRARY ASSISTANT
LIBRARY CIRCULATION SUPERVISOR
LIBRARY DIRECTOR (U)
LIBRARY NETWORK ADMINISTRATOR
LIBRARY NETWORK TECHNICIAN
LIBRARY PAGE (PT)
LIBRARY PROGRAM COORDINATOR
LIBRARY TECHNICIAN I (FLEX)
LIBRARY TECHNICIAN II
MIDDLE MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
NA
MIDDLE MANAGEMENT
GENERAL
GENERAL
NA
GENERAL
LIFEGUARD (PT)
LITERACY PROGRAM COORDINATOR
MAINTENANCE SUPERVISOR
MAINTENANCE WORKER I (FLEX)
MAINTENANCE WORKER II
MIDDLE MANAGEMENT
GENERAL
GENERAL
GENERALMAINTENANCE WORKER III
MANAGEMENT ANALYST I (FLEX)
MANAGEMENT ANALYST I (FLEX)(U)
MANAGEMENT ANALYST II
MANAGEMENT ANALYST II (U)
MARKETING & MEDIA SPECIALIST
MARKETING & PUBLIC RELATIONS SPECIALIST
MAYOR
MAYOR'S CHIEF OF STAFF (U)
NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)
NETWORK SYSTEMS ADMINISTRATOR
NPDES INSPECTOR I (FLEX)
NPDES INSPECTOR II
NPDES MANAGER
OMBUDSPERSON
OPERATIONS & MAINTENANCE DIVISION MANAGER (U)
PARK RANGER
MANAGEMENT
MANAGEMENT
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
NA
580
561
566
461
485
525
518
591
397
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
GENERAL
MIDDLE MANAGEMENT
CONFIDENTIAL
MANAGEMENT
GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8
Packet Page. 1516
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
20178
30581
20603
30611
30622
10064
10068
20400
30691
10713
30680
30682
30481
00192
00520
50283
20775
20772
32767
32768
30848
50402
40751
30218
20765
30219
30220
40332
30585
00331
00333
20019
10182
10243
20864
00360
10132
10639
20949
30947
30948
10212
30580
30583
30584
10900
PARK RANGER SUPERVISOR 480
380
534
390
421
521
430
494
456
594
499
534
450
368
396
P5
$5,386.39
$3,274.06
$7,050.81
$3,441.42
$4,016.65
$6,464.58
$4,106.44
$5,776.19
$4,782.52
$9,303.66
$5,927.45
$7,056.85
$4,641.76
$16.00
$6,546.94
$3,980.08
$8,571.27
$4,182.91
$4,882.27
$7,857.58
$4,990.33
$7,020.91
$5,813.29
$11,308.68
$7,204.26
$8,578.62
$5,642.60
$18.84
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
HOURLY
MIDDLE MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
GENERAL
PARKING ENFORCEMENT OFFICER
PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR
PARKS MAINTENANCE WORKER I (FLEX)
PARKS MAINTENANCE WORKER II
PAYROLL SUPERVISOR
PAYROLL TECHNICIAN
PERMIT SERVICES SUPERVISOR
PLANNING AIDE
PLANNING DIVISION MANAGER (U)
PLANS EXAMINER I (FLEX)
PLANS EXAMINER II
PLUMBER
POLICE CADET (PT)
POLICE CALL TAKER (PT)
POLICE CAPTAIN
POLICE DISPATCH MANAGER
POLICE DISPATCH SUPERVISOR
POLICE DISPATCHER I (FLEX)
POLICE DISPATCHER II
POLICE FLEET MAINTENANCE EXPEDITOR
POLICE LIEUTENANT
GENERAL
MANAGEMENT
CONFIDENTIAL
MIDDLE MANAGEMENT
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
NA
$19.85 $24.14 HOURLY NA
$19,412.09
$6,843.73
$5,892.47
$4,146.40
$4,839.53
$3,581.07
$16,494.29
$7,532.62
$4,806.91
$4,973.33
$3,098.94
$3,441.42
$9,898.35
$4,016.65
$3,624.00
$4,044.00
$7,636.62
$9,586.38
$10,228.72
$6,575.74
$3,264.00
$7,469.79
$7,469.79
$5,776.19
$3,821.59
$5,180.42
$9,257.08
$5,284.61
$5,927.45
$6,883.95
$6,119.03
$19,412.09
$8,318.78
$7,162.66
$5,040.29
$5,882.58
$4,353.59
$16,494.29
$10,059.74
$5,843.21
$6,045.29
$3,767.28
$4,182.91
$12,962.73
$4,882.27
$4,405.00
$4,916.00
$9,283.33
$11,652.05
$12,431.96
$7,993.21
$3,967.00
$9,080.52
$9,080.52
$7,020.91
$4,645.09
$6,296.53
$11,252.35
$6,423.99
$7,204.26
$8,366.92
$7,438.38
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
POLICE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
POLICE DISPATCHER
POLICE DISPATCHER
GENERAL
POLICE MANAGEMENT
POLICE SAFETY
GENERAL
528
498
425
456
398
P4
POLICE OFFICER P1
POLICE PERSONNEL AND TRAINING TECHNICIAN
POLICE RECORDS SUPERVISOR
POLICE RECORDS TECHNICIAN I (FLEX)
POLICE RECORDS TECHNICIAN II
POLICE SERGEANT
POOL MAINTENANCE COORDINATOR
POOL MANAGER I (PT)
POOL MANAGER II (PT)
457
464
369
390
P3
MIDDLE MANAGEMENT
GENERAL
GENERAL
POLICE SAFETY
GENERAL421
421
443
550
600
613
520
400
550
550
494
411
472
593
476
499
529
510
NA
NA
PRINCIPAL ACCOUNTANT
PRINCIPAL CIVIL ENGINEER
PRINCIPAL PLANNER
MIDDLE MANAGEMENT
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
NA
MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
PROCUREMENT CONTRACT SPECIALIST
PROGRAMMING/TRAFFIC ASSISTANT
PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)
PROJECT MANAGER/COMMUNITY SERVICES
PROPERTY AND EVIDENCE SUPERVISOR
PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)
PROPERTY AND EVIDENCE TECHNICIAN II
PUBLIC INFORMATION OFFICER (U)
PUBLIC WORKS INSPECTOR I (FLEX)
PUBLIC WORKS INSPECTOR II
PUBLIC WORKS INSPECTOR III
PUBLIC WORKS SAFETY AND TRAINING OFFICER
GENERAL
MANAGEMENT
GENERAL
GENERAL
GENERAL
MANAGEMENT
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8
Packet Page. 1517
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
10863
30770
10440
10259
00222
00244
00230
00256
30825
30115
10690
10538
00266
00265
30708
30229
30410
10154
30228
30230
30232
10222
10632
10656
10622
10385
00283
10513
10514
10529
30710
10223
20243
00294
10300
30978
20995
00019
10689
20336
10443
20437
20438
20370
30447
30448
PURCHASING DIVISION MANAGER (U)
RANGEMASTER
REAL PROPERTY MANAGER
RECORDS MANAGEMENT SPECIALIST (U)
RECREATION AIDE (PT)
RECREATION LEADER (PT)
RECREATION SPECIALIST (PT)
RECREATION SUPERVISOR (AQUATICS) (PT)
RECREATION THERAPIST
REGISTERED VETERINARY TECHNICIAN
RISK DIVISION MANAGER (U)
SAFETY OFFICER
SECURITY OFFICER I (PT)
SECURITY OFFICER II (PT)
SENIOR ADMINISTRATIVE ASSISTANT
SENIOR ANIMAL SERVICES REPRESENTATIVE
SENIOR ARBORIST
598
465
580
460
368
375
400
481
468
450
590
530
378
402
420
390
502
581
435
445
445
435
530
461
553
488
396
556
556
592
375
375
567
382
644
450
490
368
559
502
573
532
552
533
450
484
$9,491.06
$5,001.98
$8,676.49
$4,768.28
$2,782.00
$2,881.00
$3,264.00
$4,888.00
$5,077.34
$4,641.76
$9,119.52
$6,761.38
$2,925.00
$3,296.00
$3,996.70
$3,441.42
$6,016.12
$8,719.81
$4,307.04
$4,527.60
$4,527.60
$4,209.34
$6,761.38
$4,792.11
$7,582.45
$5,483.19
$3,199.00
$7,697.27
$7,697.27
$9,211.59
$3,193.15
$3,120.72
$8,313.25
$2,984.00
$11,938.02
$4,641.76
$5,662.13
$2,782.00
$7,813.17
$6,010.96
$8,378.60
$6,981.04
$7,714.14
$7,016.48
$4,641.76
$5,499.62
$11,536.15
$6,080.40
$10,546.10
$5,796.24
$3,382.00
$3,502.00
$3,967.00
$5,942.00
$6,172.39
$5,642.60
$11,085.54
$8,218.29
$3,555.00
$4,007.00
$4,857.89
$4,182.91
$7,312.88
$10,598.09
$5,235.84
$5,502.95
$5,502.95
$5,117.07
$8,218.29
$5,825.49
$9,217.01
$6,664.97
$3,889.00
$9,355.66
$9,355.66
$11,196.02
$3,881.44
$3,793.39
$10,103.91
$3,627.00
$14,511.72
$5,642.60
$6,882.49
$3,382.00
$9,496.47
$7,306.62
$10,184.31
$8,486.00
$9,376.35
$8,528.08
$5,642.60
$6,684.45
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MANAGEMENT
GENERAL
MANAGEMENT
CONFIDENTIAL
NA
NA
NA
NA
GENERAL
GENERAL
MANAGEMENT
CONFIDENTIAL
NA
NA
GENERAL
GENERAL
GENERAL
MANAGEMENT
GENERAL
GENERAL
SENIOR CIVIL ENGINEER
SENIOR CUSTOMER SERVICE REPRESENTATIVE
SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)
SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)
SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)
SENIOR GIS ANALYST
SENIOR HUMAN RESOURCES TECHNICIAN
SENIOR INFORMATION TECHNOLOGY ANALYST
SENIOR INFORMATION TECHNOLOGY TECHNICIAN
SENIOR LIFEGUARD (PT)
SENIOR MANAGEMENT ANALYST
SENIOR MANAGEMENT ANALYST (U)
SENIOR NETWORK SYSTEMS ADMINISTRATOR
SENIOR OFFICE ASSISTANT
SENIOR OFFICE ASSISTANT (U)
SENIOR PLANNER
SENIOR RECREATION LEADER (PT)
SHELTER VETERINARIAN
SOLID WASTE FIELD INSPECTOR
STATION MANAGER
STUDENT INTERN (PT)
SUPERVISING HUMAN RESOURCES ANALYST
TECHNOLOGY LIBRARIAN
GENERAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
CONFIDENTIAL
NA
MANAGEMENT
MANAGEMENT
CONFIDENTIAL
GENERAL
CONFIDENTIAL
MIDDLE MANAGEMENT
NA
MANAGEMENT
GENERAL
MIDDLE MANAGEMENT
NA
CONFIDENTIAL
MIDDLE MANAGEMENT
MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
TRAFFIC ENGINEER
TRAFFIC ENGINEERING ASSOCIATE
TRAFFIC OPERATIONS AND SYSTEMS ANALYST
TRAFFIC SIGNAL AND LIGHTING SUPERVISOR
TRAFFIC SIGNAL TECHNICIAN I (FLEX)
TRAFFIC SIGNAL TECHNICIAN II GENERAL
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8
Packet Page. 1518
ADOPTED 01/17/2024
EFFECTIVE 01/18/2024
CLASS
CODE
HOURLY/
MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT
30449
30667
10740
20666
30125
30620
TRAFFIC SIGNAL TECHNICIAN III
TREASURY ASSISTANT
TREASURY MANAGER
TREASURY SUPERVISOR
VETERINARY ASSISTANT
VOLUNTEER COORDINATOR
513
399
598
502
400
358
$6,355.27
$3,599.92
$9,491.06
$6,010.96
$3,617.65
$2,933.80
$7,725.19
$4,374.65
$11,536.15
$7,306.62
$4,414.22
$3,565.56
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
MONTHLY
GENERAL
GENERAL
MANAGEMENT
MIDDLE MANAGEMENT
GENERAL
GENERAL
GENERAL30000WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY
(U) DENOTES UNCLASSIFIED
* Part‐time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local
REVISION ADOPTED BY MCC 6/19/17
REVISION ADOPTED BY MCC 6/20/18
REVISION ADOPTED BY MCC 06/19/19
REVISION ADOPTED BY MCC 8/21/19
REVISION ADOPTED BY MCC 1/15/20
REVISION ADOPTED BY MCC 6/24/20
REVISION ADOPTED BY MCC 9/2/20
REVISION ADOPTED BY MCC 12/16/20
REVISION ADOPTED BY MCC 2/17/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 6/16/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
REVISION ADOPTED BY MCC 7/20/22
REVISION ADOPTED BY MCC 8/17/22
REVISION ADOPTED BY MCC 9/21/22
REVISION ADOPTED BY MCC 10/19/22
REVISION ADOPTED BY MCC 11/2/22
REVISION ADOPTED BY MCC 11/16/22
REVISION ADOPTED BY MCC 12/7/22
REVISION ADOPTED BY MCC 1/18/23
REVISION ADOPTED BY MCC 6/21/23
REVISION ADOPTED BY MCC 8/16/23
REVISION ADOPTED BY MCC 10/4/23
REVISION ADOPTED BY MCC 10/18/23
REVISION ADOPTED BY MCC 12/6/23
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8
Packet Page. 1519
CITY OF SAN BERNARDINO POLICE DEPARTMENT
First 6
Months
Service
Following
18 Months
Service
Third
Year
Service
Fourth
Year
Service
Fifth & Sub-
sequent Yrs
Service
JOB
TITLE
Monthly Pay Rates Effective July 1, 2023:
Police Officer
P-1
$7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74
Detective/Corporal $8,746.90
P-2
$9,428.23 $10,109.56 $10,789.83 $11,471.16
$11,430.00 $12,196.91 $12,962.73Sergeant
P-3
$9,898.35 $10,664.17
Lieutenant
P-4
--
--
--
--
--
--
--
--
--
--
--
--
$16,494.29
$19,412.09
$23,765.30
Captain
P-5
Assistant Chief
P-6
Packet Page. 1520
Director of Economic
Development (U)
Economic Development
Division Manager
Economic Development
Manager
Economic Development
Manager
Economic Development
Manager
Economic Development
Specialist
Economic Development
Project Manager
Adminstrative Assistant
Proposed Organizational Structure
Economic Development Department
EXHIBIT B
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya , City Manager
Department:City Manager's Office
Subject:Introduction of Ordinance No. MC-1626 Amending
Section 2.58.010 of the Municipal Code Relating to the
Time and Location of Regular Meetings (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, introduce, read by title only, and waive further reading of Ordinance No.
MC-1626 amending Section 2.58.010 of Chapter 2.58 of Title 2 of the San Bernardino
Municipal Code relating to the time and location of regular meetings.
Executive Summary
The proposed ordinance amends the San Bernardino Municipal Code (SBMC) where
the time of regular meetings shall now be established by a resolution that is adopted
by a majority vote of the City Council. The ordinance also updates the location of
regular meetings to the Feldheym Library and codifies that special meetings may be
called by the Mayor, called by four (4) members of the Council, or scheduled by the
City Manager. If approved by the Council, a resolution establishing the time of regular
meetings will be brought forward at the next regular meeting along with the adoption
of the ordinance.
Background
On February 6, 2019, the Mayor and City Council adopted Ordinance No. MC-1511
changing the time of the regular meetings to 5:30 PM for Closed Session and 7:00 PM
for Open Session. Prior to the adoption of MC-1511, Closed Session commenced at
4:00 PM, followed by Open Session at 5:00 PM.
On June 21, 2023, the Mayor and City Council approved an item to be considered for
future meetings changing the Closed Session start time to 4:00 PM and the Open
Session start time to 5:30 PM. Additionally, there was agreement among the Mayor
and Council for staff to bring this recommendation back as a Discussion item where
the proposed times may be further amended by the Council.
Packet Page. 1522
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Discussion
Currently, the regular meetings of the Mayor and City Council are held on the first and
third Wednesdays of each month commencing at 5:30 PM for Closed Session and 7:00
PM for Open Session. This is established in Section 2.58.010 of the SBMC, which
explicitly distinguishes the start times for both Closed and Open Sessions. The
proposed ordinance amends Section 2.58.010 of the SBMC where the time of regular
meetings will be established by a resolution that is adopted by a majority vote of the
City Council. Using a resolution to establish meeting times is a more efficient process
that allows Council to implement changes after a single meeting, and the resolution
can be structured in a way that provides more flexibility to accommodate closed
sessions or study sessions. This process is utilized in several other municipalities,
including Santa Ana, Moreno Valley, and Lake Elsinore, and is consistent with the
Brown Act:
Section 54954. (a) Each legislative body of a local agency, except for
advisory committees or standing committees, shall provide, by ordinance,
resolution, bylaws, or by whatever other rule is required for the conduct of
business by that body, the time and place for holding regular meetings.
The ordinance also updates the location of meetings to the Bing Wong Lecture Hall at
Feldheym Library, as meetings have not been held at the City Hall building located at
300 North ”D” Street for several years. Additionally, the ordinance codifies the process
for calling special meetings, which is not currently outlined in the SBMC. As
established in the ordinance, special meetings may be called by the Mayor, by four (4)
members of the Council, or scheduled by the City Manager in accordance with the
Brown Act.
If approved by the City Council, the ordinance will be brought back for adoption on
February 21, 2024, due to the cancellation of the February 7, 2024, meeting. At the
time of adoption, staff will also bring forward a resolution establishing the time of regular
meetings. The first regular meeting that would be subject to any new time established
by resolution would be the April 3, 2024, meeting, as the ordinance establishing this
process will not take effect until 30 days after adoption.
2021-2025 Strategic Targets and Goals
Amending San Bernardino Municipal Code Section 2.58.010 aligns with Key Target
No. 1a: Improved Operational & Financial Capacity - Establish clear policy direction
and predictable organization structures
Fiscal Impact
There is no fiscal impact related to changing the time and updating the location of
regular meetings.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, introduce, read by title only, and waive further reading of Ordinance No. MC-
Packet Page. 1523
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1626 amending Section 2.58.010 of Chapter 2.58 of Title 2 of the San Bernardino
Municipal Code relating to the time and location of regular meetings.
Attachments
Attachment 1 – Ordinance No. MC-1626
Attachment 2 – Redline of Section 2.58.010
Attachment 3 – California Government Code Section 54954
Attachment 4 – San Bernardino City Charter Section 309
Ward:
All Wards
Synopsis of Previous Council Actions:
June 21, 2023 Mayor and City Council approved an item to be considered
for future meetings to change the Closed Session start time
to 4:00 PM and the Open Session start time to 5:30 PM.
February 6, 2019 Mayor and City Council adopted Ordinance No. MC-1511
changing the time of the regular meetings to 5:30 PM for
Closed Session and 7:00 PM for Open Session.
Packet Page. 1524
Ordinance No. MC-1626
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3
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ORDINANCE NO. MC-1626
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTION 2.58.010 OF CHAPTER 2.58 OF
TITLE 2 OF THE SAN BERNARDINO MUNICIPAL CODE,
RELATING TO THE TIME AND LOCATION OF REGULAR
MEETINGS
WHEREAS, the City San Bernardino, California is a chartered city and municipal
corporation, duly organized under the California Constitution and laws of the State of California;
and
WHEREAS, Section 309 of the City Charter for the City of San Bernardino requires the
City Council to establish the time and place of its regular council meetings; and
WHEREAS, on April 17, 2017, the Mayor and City Council adopted Ordinance No. MC-
1438 amending Chapter 2.58 of the San Bernardino Municipal Code to establish regular meeting
procedures, and
WHEREAS, the City Council desires to amend Section 2.58.010 of Chapter 2.58 of the
San Bernardino Municipal Code to change the time and update the location of regular City Council
meetings.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Amendment of Section 2.58.010. Section 2.58.010 of Chapter 2.58 of the
San Bernardino Municipal Code is hereby amended in its entirety to read as follows:
“2.58.010 Meetings of the Mayor and City Council
A. (1) Regular meetings of the Mayor and City Council of the City of San Bernardino shall
be held on the first and third Wednesdays of each month at the Bing Wong Lecture Hall,
Feldheym Central Library, 555 West 6th Street, San Bernardino, California, or such other
location within the City as may be properly noticed. The time of regular meetings shall
be set forth in a Resolution adopted by a majority vote of the membership of the Council.
(2) Special meetings of the Mayor and City Council may be called by the Mayor, called
by four members of the Council or scheduled by the City Manager in accordance with the
Brown Act and may be held at any location within the City boundaries as specified in the
special meeting notice to the public.
Packet Page. 1525
Ordinance No. MC-1626
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3
9
0
5
B. The City Council, as the elected body serving all of the residents of the City, shall
perform its duties and exercise its powers in a manner that serves the best interests of the
entire City, rather than any particular geographic area or special interest.” All meetings
of the Mayor and City Council shall be held in accordance with the Brown Act.
SECTION 3. CEQA. The City Council determines that the Ordinance is categorically
exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.).
The whole of the Ordinance is exempt, because the code amendment is an administrative activity
which will not result in a direct or reasonably foreseeable indirect physical change to the
environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because the code
amendment is not a “project” as defined by section 15378, since it has no potential for resulting in
a direct or indirect physical change to the environment. (§ 15060(c)(3).) The City Council hereby
directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance.
SECTION 4.Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portion of this Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared
unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court
of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 6.Notice of Adoption. City Clerk of the City of San Bernardino shall certify
to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
to by the Clerk this 17th day of January, 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Packet Page. 1526
Ordinance No. MC-1626
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3
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Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
Packet Page. 1527
Ordinance No. MC-1626
4
3
9
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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
Ordinance No. MC-1626, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held the 17th day of January 2024. Ordinance No. MC-1626 was approved,
passed and adopted at a regular meeting held the ___ day of _______________, 2024, by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
_______________, 2024.
____________________________________
Genoveva Rocha, CMC, City Clerk
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2.58.010 Mayor and City Council
A. (1)Regular meetings of the Mayor and City Council of the City of San Bernardino shall
be held on the first and third Wednesdays of each month commencing at five-thirty p.m.
(5:30 p.m.) for Closed Session and at seven p.m. (7 p.m.) for Open Session at the City
Council Chambers, City Hall, 300 North "D" Street at the Bing Wong Lecture Hall, Feldheym
Central Library, 555 West 6th Street, San Bernardino, California, or such other location
within the City as may be properly noticed. The time of regular meetings shall be set forth
in a Resolution adopted by a majority vote of the membership of the Council. (2) Special
meetings of the Mayor and City Council may be called by the Mayor, called by four
members of the Council or scheduled by the City Manager in accordance with the Brown
Act and may be held at any location within the City boundaries as specified in the special
meeting notice to the public.
(Ord. MC-1511, 2-06-19; Ord. MC-1438, 4-17-17; Ord. MC-1388, 6-03-13)
B. The City Council, as the elected body serving all of the residents of the City, shall
perform its duties and exercise its powers in a manner that serves the best interests of the
entire City, rather than any particular geographic area or special interest. All meetings of
the Mayor and City Council shall be held in accordance with the Brown Act.
(Ord. MC-1511, 2-06-19; Ord. MC-1438, 4-17-17; Ord. MC-1134, 12-04-02; Ord. MC-883, 9-
08-93; Ord. MC-715, 4-02-90; Ord. MC-98, 9-15-81; Ord. 3652, 7-15-77; Ord. 2284, 2-24-
60)
Packet Page. 1529
State of California
GOVERNMENT CODE
Section 54954
54954. (a) Each legislative body of a local agency, except for advisory committees
or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever
other rule is required for the conduct of business by that body, the time and place for
holding regular meetings. Meetings of advisory committees or standing committees,
for which an agenda is posted at least 72 hours in advance of the meeting pursuant
to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter
as regular meetings of the legislative body.
(b) Regular and special meetings of the legislative body shall be held within the
boundaries of the territory over which the local agency exercises jurisdiction, except
to do any of the following:
(1) Comply with state or federal law or court order, or attend a judicial or
administrative proceeding to which the local agency is a party.
(2) Inspect real or personal property which cannot be conveniently brought within
the boundaries of the territory over which the local agency exercises jurisdiction
provided that the topic of the meeting is limited to items directly related to the real
or personal property.
(3) Participate in meetings or discussions of multiagency significance that are
outside the boundaries of a local agency’s jurisdiction. However, any meeting or
discussion held pursuant to this subdivision shall take place within the jurisdiction of
one of the participating local agencies and be noticed by all participating agencies as
provided for in this chapter.
(4) Meet in the closest meeting facility if the local agency has no meeting facility
within the boundaries of the territory over which the local agency exercises jurisdiction,
or at the principal office of the local agency if that office is located outside the territory
over which the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction with elected or appointed officials
of the United States or the State of California when a local meeting would be
impractical, solely to discuss a legislative or regulatory issue affecting the local agency
and over which the federal or state officials have jurisdiction.
(6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby
a facility owned by the agency, provided that the topic of the meeting is limited to
items directly related to the facility.
(7) Visit the office of the local agency’s legal counsel for a closed session on
pending litigation held pursuant to Section 54956.9, when to do so would reduce legal
fees or costs.
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Packet Page. 1530
(c) Meetings of the governing board of a school district shall be held within the
district, except under the circumstances enumerated in subdivision (b), or to do any
of the following:
(1) Attend a conference on nonadversarial collective bargaining techniques.
(2) Interview members of the public residing in another district with reference to
the trustees’ potential employment of an applicant for the position of the superintendent
of the district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the territory of at least
one of its member agencies, or as provided in subdivision (b). However, a joint powers
authority which has members throughout the state may meet at any facility in the state
which complies with the requirements of Section 54961.
(e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe
to meet in the place designated, the meetings shall be held for the duration of the
emergency at the place designated by the presiding officer of the legislative body or
his or her designee in a notice to the local media that have requested notice pursuant
to Section 54956, by the most rapid means of communication available at the time.
(Amended by Stats. 2004, Ch. 257, Sec. 1. Effective January 1, 2005.)
Packet Page. 1531
Section 309. Council Organization, Meetings and Rules of Order
The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the
conduct of proceedings by the Council, and the order of succession in the event of a vacancy in the office of Mayor.
Packet Page. 1532
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Charles A. Montoya, City Manager
Department:City Manager's Office
Subject:Election of Mayor Pro Tempore (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, open nominations for a member of the City Council to serve as Mayor Pro
Tempore.
Executive Summary
The position of Mayor Pro Tempore is established by the City Charter and the City
Council elects from among its members a new Mayor Pro Tempore every year. Per
the San Bernardino Municipal Code (SBMC), the election of the Mayor Pro Tempore
is to occur at the second regularly scheduled meeting in December; however, due to
the cancellation of the regular meetings on December 6, 2023, December 20, 2023,
and January 3, 2024, the election is to occur at the January 17, 2024, meeting.
Background
The position of the Mayor Pro Tempore is outlined in Section 302 of the City Charter,
where the City Council shall select a Mayor Pro Tempore from one of its own members.
In the event that the Mayor is temporarily unable to perform the duties of his or her
office due to a temporary absence from the City, illness, or any other cause, the Mayor
Pro Tempore shall have all powers and authority that the Mayor would have
possessed, with several exceptions. When presiding over a City Council Meeting due
to the absence of the Mayor, the Mayor Pro Tempore may not cast an additional vote
in the event of a tie or exercise veto powers over Council action; the Mayor Pro
Tempore may only continue to exercise his or her vote as a Council member.
On December 7, 2022, the City Council elected Council Member Fred Shorett to serve
as Mayor Pro Tempore with an effective starting date of December 21, 2022. This was
due to the cancellation of the December 21, 2022, regular meeting. Since there was
no turnover in City Council members, and by setting the effective date of the newly
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elected Mayor Pro Tempore to be consistent with the SBMC and prior Council action,
the City Council was able to hold the election for Mayor Pro Tempore at the first regular
meeting in December 2022, with an effective date of the second regular meeting.
Discussion
In accordance with the requirements of Section 2.01.010 of the SBMC, the City Council
is required to elect a Council Member to serve as Mayor Pro Tempore. The SBMC
specifies for this to occur at the second regular meeting in December; however, due to
the cancellation of the regular meetings on December 6, 2023, December 20, 2023,
and January 3, 2024, the next regular meeting available to hold the election is January
17, 2024. The Council Member holding the position of Mayor Pro Tempore shall
continue to hold said position until his/her successor is elected by the City Council or
until said Council Member is no longer a member of the City Council, whichever occurs
first.
2021-2025 Strategic Targets and Goals
Electing a Council Member to serve as Mayor Pro Tempore is in alignment with all of
the Key Strategic Targets and Goals: (1) Improved Operational & Financial Capacity;
(2) Focused, Aligned Leadership and Unified Community; (3) Improved Quality of Life;
and (4) Economic Growth and Development.
Fiscal Impact
There is no fiscal impact associated with the nomination of a Mayor Pro Tempore.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, open nominations for a member of the City Council to serve as Mayor Pro
Tempore.
Attachments
Attachment 1 - City Charter Section 302
Attachment 2 - Municipal Code Section 2.01.010
Ward:
All Wards
Synopsis of Previous Council Actions:
December 7, 2022 Mayor and City Council elected Fred Shorett as
Mayor Pro Tempore.
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Section 302. Powers and Duties of the Council
The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and
promote public health, safety, and welfare. The Council and Mayor shall operate together to serve the best interests of the
City.
The Council, in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their
interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set
forth in this Charter and the City Code of Conduct.
The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the City's fiscal integrity.
Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to
override any veto of the Mayor by a vote of five (5) or more Council members.
The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a temporary absence from the
City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office, the
Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or
her duties.
However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council
action, but may continue to exercise his or her vote as a Council member.
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Chapter 2.01
MAYOR PRO-TEMPORE
Section:
2.01.010 Mayor Pro-Tempore
2.01.010 Mayor Pro-Tempore
San Bernardino City Charter Section 302 identifies the position of Mayor Pro Tempore. At the first regularly scheduled
meeting of the City Council following the effective date of this ordinance, the City Council shall elect a Council Member to
serve as Mayor Pro Tempore. At the second regularly scheduled meeting of the City Council in December of each year, the
City Council shall elect a Council Member to serve as Mayor Pro Tempore.
If the Mayor Pro Tempore is absent or otherwise unavailable to serve in such capacity, the Council Member present in the
City with the most consecutive days of service as a member of the City Council of the City of San Bernardino shall serve as
the Mayor Pro Tempore for that period of absence or unavailability only. "Consecutive days of service" shall be calculated by
counting backward in time starting from the day on which the calculation is being made.
In the event that there are two or more Council Members with the exact same number of consecutive days of service as a
member of the City Council of the City of San Bernardino, the temporary filling of the position of Mayor Pro Tempore shall
be determined by lot, pursuant to the general procedure established in Section 15651 of the Elections Code of the State of
California, specifically by flipping a coin in the case of two members with the exact same number of consecutive days of
service as a member of the City Council of the City of San Bernardino, or the drawing of straws in the case of three or more
members with the exact same number of consecutive days of service as a member of the City Council of the City of San
Bernardino. The City Clerk shall be responsible for conducting the coin toss or conducting the drawing of straws whenever
either event is required by this Section.
The Council Member holding the position of Mayor Pro Tempore shall continue to hold said position until his/her successor
is elected by the City Council or until said Council Member is no longer a member of the City Council, whichever occurs first.
Pursuant to Charter Section 302, in the absence of the Mayor from any Council meeting, the Mayor Pro Tempore shall
preside over that Council meeting.
In addition, at all other times that the Mayor is temporarily unable to perform the duties of his or her office, the Mayor Pro
Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties.
However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over City
Council action, but may continue to exercise his or her vote as a Council member.
(Ord. MC-1441, 4-03-17; Ord. MC-1289, 11-04-08; Ord. MC-1267, 4-08-08)
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date:January 17, 2024
To:Honorable Mayor and City Council Members
From:Sonia Carvalho, City Attorney
Department:City Attorney's Office
Subject:CLOSED SESSION
Recommendation:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i.Dennis Bergman, by and through his Guardian Ad Litem, Jennifer Abraham,
San Bernardino Superior Court Case No. CIVBS2134966
ii.Estate of Rob Marquise Adams, by and through its personal Representatives,
Tamika King, et al. v. City of San Bernardino, United States District Court
Case No. 5:22-CV-02206 JGB-SP
iii.Brian Pellis, et al. v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVSB222673
iv.Gary Schuelke v. City of San Bernardino, Workers’ Comp. Case Nos.
ADJ13946643, ADJ13946133, ADJ11395684, ADJ11395701, ADJ6436925,
and ADJ4544196
v.Frank Alvarez v. City of San Bernardino, Workers’ Comp. Case No.
ADJ1477022
vi.Douglas Heath v. City of San Bernardino, Workers’ Comp. Case No.
ADJ11111333
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