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Home My WebLink AboutFinal Agenda Packet 02-21-2024 cbMayor 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, FEBRUARY 21, 2024 5:00 PM SPECIAL MEETING 7:00 PM REGULAR MEETING CLOSED SESSION TO IMMEDIATELY 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 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: TINYURL.COM/MCCPUBLICCOMMENTS PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 3845002 TWO WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR REASONABLE ACCOMMODATIONS To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. 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 Chief Deputy City Clerk Telicia Lopez 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 of Black History Month in the City of San Bernardino – February 2024 (All Wards) p.14 2. Presentation of New San Bernardino County Fire District Assistant Fire Chief Gary Jager (All Wards) p.16 CONSENT CALENDAR 3. Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission for Campaign Law Enforcement p.17 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission (FPPC) for campaign enforcement and extend the term of the agreement term through June 30, 2025. 4. Quitclaim Deed with Arrowhead Credit Union Regarding APN 013617144 (Ward 3) p.33 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency for the City of San Bernardino, authorize the City Manager to execute a Quitclaim Deed with Arrowhead Credit Union, terminating the City’s interest in the Real Property located at 580 W Mill Street, also known as APN: 013617144, in the City of San Bernardino, California. Mayor and City Council of the City of San Bernardino Page 3 5. Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements p. 75 Recommendation: Adopt Resolution No. 2024031 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements. 6. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 37, Tax Zone No. 38 (Mill Street) (Ward 3) p. 82 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024030 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. 37) and authorizing the levy of a special taxes therein. 7. Approval of Commercial and Payroll Disbursements (All Wards) p.119 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for January 2024. 8. Approving Job Classifications and Amending the Citywide Salary Schedule p.208 Recommendation: It is recommended that the Mayor and City Council adopt Resolution No. 2024032 of the Mayor and City Council of the City of San Bernardino, California: 1. Establishing the Auditor I job classification; 2. Establishing the Auditor II job classification; 3. Establishing the Deputy Director of Economic Development (U) job classification; 4. Establishing the Economic Development Manager job classification; 5. Authorizing the City Manager or their designee to add three (3) FTE for Fiscal Year 2023/24; 6. Amending the CityWide Salary Schedule for full time, parttime, temporary, and seasonal positions 9. Establish a Revised Auto Allowance for Eligible City Employees (All Wards) p.225 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024034, approving a revised auto allowance for eligible City employees and repealing Resolution No. 2018171. 10. Human Resources & Risk Management Department Staffing p.231 Recommendation: Adopt Resolution No. 2024033 of the Mayor and City Council of the City of San Bernardino, California, approving the addition of the following positions to support the employee relations functions of the Human Resources & Risk Management Department: 1. One (1) Supervising Human Resources Analyst 2. One (1) Human Resources Analyst II Mayor and City Council of the City of San Bernardino Page 4 11. Request for Purchase Authorization for Backup Storage Replacement (All Wards) p.237 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California 1. Authorize the City Manager to execute a Professional Software Services Agreement with Sidepath, Inc. for purchasing backup hardware, as approved for funding through the FY 2023/24 Operating Budget 2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $151,000.00 to Sidepath, Inc. 12. Request for Purchase Authorization for Data Center Replacement (All Wards) p.315 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Professional Software Purchase Agreement with Sidepath Inc. for purchasing data center hardware and service, as approved for funding through the FY 2023/24 Operating Budget; 2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $466,000.00 to Sidepath, Inc. for hardware and support including a purchase order in the amount not to exceed $49,000.00 to Dell for Microsoft licensing. 13. Request for Purchase Authorization for Network Refresh (All Wards) p.399 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 Goods Purchase Agreement with Sehi Computer Products, Inc. for purchasing network hardware using the NASPO contract, as approved for funding through the FY 2023/24 Operating Budget: 2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $640,000 to Sehi Computer Products, Inc. 14. CALNET Contract for Verizon and ATT (All Wards) p.496 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the CALNET contract with ATT and Verizon authorizing: 1. The City Manager or designee to execute the ATT CALNET contracts. The ATT CALNET contract is estimated to be $1,000.00 per year. 2. The City Manager or designee to execute the Verizon CALNET contracts. The Verizon CALNET contract is estimated to be $16,178.40 per year. 15. Request for Purchase Authorization for VOIP phone system for Animal Services (All Wards). p.516 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Authorize the City Manager to execute a Vendor Service Agreement with Intelesys for purchasing VOIP (voice over internet protocol) services using the TIPS agreement, as approved for funding through the FY 2023/24 Operating Budget: 2. Authorize the Director of Finance to issue purchase orders in the amount not to exceed $25,000 for the first year. The billing will be $4,217.17 to GoTo for phone hardware, $17,130.84 to GoTo for the first year of phone service, and $3,000 to Intelesys for installation. Mayor and City Council of the City of San Bernardino Page 5 16. Agreement with Cal Stripe, Inc., for Street Striping and Pavement Marking Services (All Wards) p.600 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 Cal Stripe Inc., for street striping and pavement marking services; and 2. Authorize the Agency Director of Finance and Management Services to issue a purchase order in the amount of $420,000. 17. Approval of Agreement for Construction Management and Inspection Services for the Nicholson Park Improvements (Ward 6) p.672 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of an Agreement with Z&K Consultants in the amount of $471,876 for Nicholson Neighborhood Park Improvements (Project); and 2. Authorize the project contingencies in the total amount of $47,187 for construction of the Project; and 3. Authorize the City Manager or designee to execute all documents with Z&K Consultants; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 18. Approval of Design Services Agreement for the Roosevelt Bowl Rehabilitation Improvements (Ward 2) p.771 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a Design Services Agreement with Dunbar Architecture in the amount of $394,320 for Roosevelt Bowls Rehabilitation Improvements (Project); and 2. Authorize the project design cost and contingency cost for unforeseen conditions costs for a potential agreement in the total amount of $39,432. 3. Authorize the City Manager or designee to execute all documents with Dunbar Architecture; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 19. Purchase of Avant (MiniLoader) from Volvo Construction Equipment and Services for Encampment CleanUp Services (All Wards) p.882 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute the purchase of the Avant Compact Wheel Loader (mini loader) and related equipment attachments, as approved for funding through the FY 2023/24 Operating Budget; 2. Authorize the Director of Finance to issue a purchase order in the amount of $170,000 to Volvo Construction Equipment and Services for the purchase of the Avant Compact Wheel Loader and related attachments. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 20. Revisit Tow / Tow Yard Contracts and Parameters for Enforcement (All Wards) – Council Member Reynoso p.890 21. Downtown San Bernardino Property Based Improvement District (PBID) Feasibility Study and Formation Process (Ward 1) – City Manager p.891 Mayor and City Council of the City of San Bernardino Page 6 ADJOURNMENT FOR SPECIAL MEETING The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on February 21, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Open Session will begin at 7:00 p.m. and Closed Session will follow immediately after. 7:00 P.M. 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 Chief Deputy City Clerk Telicia Lopez PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CONSENT CALENDAR 1. Adopt Ordinance No. MC1626 Amending Section 2.58.010 of the Municipal Code Relating to the Time and Location of Regular Meetings (All Wards) p.892 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt 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. 2. Adopt 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.904 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt 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. DISCUSSION 3. Adopt Resolution No. 2024029 Establishing the Times of Regular Meetings (All Wards) p.915 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024029 establishing the time of regular meetings. Mayor and City Council of the City of San Bernardino Page 7 4. Development Code Amendment 2301 (ShortTerm Rental Program) p.921 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC1628 of the Mayor and City Council of the City of San Bernardino, California, adopting the ShortTerm Rental Program, and approving Development Code Amendment 2301 amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a ShortTerm Rental Program in the City of San Bernardino; and finding that Development Code Amendment 2301 is exempt from review under the California Environmental Quality Act; 2. Conduct the Public Hearing; and 3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. PUBLIC HEARING 5. General Plan Amendment 2401 and Development Code Amendment 2401 (2021 2029 Housing Element) p.964 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Adopt Resolution No. 2024035 of the Mayor and City Council of the City of San Bernardino, California, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132) under the California Environmental Quality Act, approving General Plan Amendment 2401 establishing the Residential Medium High (RMH30) and Residential High (RH50) Zones and changing the General Plan Land Use Designation of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), and adopting and implementing the City of San Bernardino 20212029 Housing Element (General Plan – Chapter 3) (Attachment 1); 2. Introduce the first reading of Ordinance No. MC1627 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24 01 changing the Zoning District Classification of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report (SCH No. 2004111132) (Attachment 2); and 3. Schedule the second reading of the above Ordinances to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. 6. Development Code Amendment 2303 (Density Bonus) p.1627 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC1629 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 2303 amending Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the Density Bonus section in compliance with State law; and finding that Development Code Amendment 2303 is exempt from review under the California Environmental Quality Act; 2. Conduct the Public Hearing; and 3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS Mayor and City Council of the City of San Bernardino Page 8 CLOSED SESSION 7) Closed Session p.1699 Recommendation: A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. Kim Mannion v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2215977 B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Notice of Claim, Enrique Gonzalez, dated June 27, 2023, Claim No. GHC0059695 CLOSED SESSION REPORT ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on March 06, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Open Session will begin at 7:00 p.m. and Closed Session will follow immediately after. Mayor and City Council of the City of San Bernardino Page 9 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the February 21, 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, February 16, 2024. I declare under the penalty of perjury that the foregoing is true and correct. Mayor and City Council of the City of San Bernardino Page 10 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 11 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. Mayor and City Council of the City of San Bernardino Page 12 NOTICE OF A SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DATE: Friday, February 16, 2024 SUBJECT: Special Meeting on Wednesday, February 21, 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, February 21, 2024, at 5:00 p.m. Said meeting shall be for the purpose of considering the following: PRESENTATIONS 1. Proclamation of Black History Month in the City of San Bernardino – February 2024 (All Wards) 2. Presentation of New San Bernardino County Fire District Assistant Fire Chief Gary Jager (All Wards) CONSENT CALENDAR Item Nos. 319 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 21. Revisit Tow / Tow Yard Contracts and Parameters for Enforcement (All Wards) – Council Member Reynoso 22. Downtown San Bernardino Property Based Improvement District (PBID) Feasibility Study and Formation Process (Ward 1) – City Manager ADJOURNMENT 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 February 21, 2024, at the Feldheym Central Library, 555 West Sixth Street, San Bernardino 92401. Open Session will begin at 7:00 p.m. Closed Session will immediately follow the Open Session. Genoveva Rocha, CMC, City Clerk Mayor and City Council of the City of San Bernardino Page 13 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 3:00 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 MAYOR AND CITY COUNCIL PARTICIPATION Until further notice remote, remote public comment has been suspended. PRESENTATIONS City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation of Black History Month in the City of San Bernardino – February 2024 (All Wards) Packet Page. 14 PROCLAMATION OF THE MAYOR AND CITY COUNCIL PROCLAIMING FEBRUARY 2024, AS BLACK HISTORY MONTH IN THE CITY OF SAN BERNARDINO WHEREAS, the City of San Bernardino acknowledges and celebrates the rich and diverse history of African Americans, recognizing their invaluable contributions to the cultural, social, economic, and political fabric of our nation; and, WHEREAS, Black History Month is an opportunity for all residents of the City of San Bernardino to reflect on the achievements, struggles, and remarkable influence that African Americans have had in shaping our community and the United States; and, WHEREAS, the City of San Bernardino is committed to fostering understanding, unity, and respect among all its residents, irrespective of race, ethnicity, or background; and, WHEREAS, the observance of Black History Month aligns with our city's dedication to promoting diversity, equity, and inclusion, creating an environment where all individuals can thrive and contribute to the betterment of our community; and, WHEREAS, the City of San Bernardino is proud to acknowledge and celebrate the vital role played by local black-owned businesses and non-profit organizations in fostering economic growth, community development, and social justice within our city; and, WHEREAS, these businesses and non-profits, through their dedication and entrepreneurial spirit, have made lasting contributions to the prosperity and vibrancy of the City of San Bernardino, enriching the lives of residents and enhancing the overall quality of our community; and, WHEREAS, the City of San Bernardino encourages all residents to support and recognize the importance of local black-owned businesses and non-profit organizations during Black History Month and throughout the year. NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San Bernardino, do hereby proclaim the month of February 2024 as Black History Month in the City of San Bernardino, and I call upon all residents to participate in events and activities that honor the history, heritage, and achievements of African Americans. There will be events at the city’s libraries, senior centers, and community centers throughout the month of February for the enjoyment of all residents. Presented this 21st day of February 2024 Packet Page. 15 PRESENTATIONS City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Presentation of New San Bernardino County Fire District Assistant Fire Chief Gary Jager (All Wards) Packet Page. 16 1 8 0 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Genoveva Rocha, City Clerk Department:City Clerk Subject:Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission for Campaign Law Enforcement Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission (FPPC) for campaign enforcement and extend the term of the agreement term through June 30, 2025. Executive Summary This request is for the City Council to approve Amendment No. 1 to the Master Agreement between the City of San Bernardino and the Fair Political Practices Commission (FPPC) for campaign enforcement. In 2021, the City Council adopted an ordinance establishing local campaign finance regulations and a resolution authorizing an agreement with the FPPC for campaign law enforcement. However, when a subsequent ordinance was adopted in 2022, an amendment to the agreement was needed but not completed due to competing priorities. The current agreement has now expired as of June 30, 2023. Approval of the amendment would extend the agreement through June 30, 2025, and allow the FPPC to resume audits of local campaigns that are currently paused. The amendment removes the $400,000 cap over the agreement term, but costs will still not exceed $200,000 annually, which is allocated in the City Clerk Department budget. Approval is recommended to continue the city's partnership with the FPPC for the administration and enforcement of local campaign finance law. Background At a City Council workshop in August 2020, the City Council requested staff bring back an ordinance to establish unlimited campaign contribution limits. The City Council was presented with a draft ordinance on September 2, 2020, and again on September 16, 2020. At the September 16th meeting, the City Council decided to defer to the state's Packet Page. 17 1 8 0 9 limit, which was set at $4,900 and enforced by the FPPC. On June 2, 2021, the Mayor and City Council adopted Ordinance No. MC-1558, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to the local campaign finance regulations. In addition, the City Council adopted Resolution No. 2021-136 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement. On February 16, 2022, the Mayor and City Council adopted Ordinance No. MC-1573U establishing campaign contribution limitations under Assembly Bill 571 reaffirming their previous decision, to defer to the State’s contribution default limits and allow for updated biennial inflation increases, avoid several provisions, including the requirement under AB571 that a candidate establish a new separate committee and bank account for each election. Discussion As mentioned, the Mayor and City Council adopted Resolution No. 2021-136, authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission (FPPC) for campaign law enforcement. In February 2022, with the adoption of Ordinance No. MC-1573U, an amendment to the Master Agreement with the FPPC was needed; the Staff was unaware and did not complete the necessary amendment to the agreement. When the City Clerk became aware, there were several competing priorities, and the amendment was inadvertently delayed. The Master Agreement has since expired, and in speaking with the FPPC representative, staff has been informed that the audits are currently paused; however, they will resume upon execution of the amendment. Staff is seeking approval to continue the agreement with the FPPC through June 30, 2025. 2021-2025 Strategic Targets and Goals Approving the amendment to the City’s agreement with the FPPC aligns with Goal 2b: Focused, aligned leadership and unified community - Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness. Due to competing priorities, staff cannot perform the necessary audits, and partnering with the FPPC ensures operations continue. Fiscal Impact The amendment to the agreement removes the $400,000 cap for the term of the agreement; however, the agreement will not exceed $200,000 per year, and this amount is allocated within the City Clerk Department budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 to the Master Agreement with the Fair Political Practices Commission (FPPC) for campaign enforcement and extend the term of the agreement term through June 30, 2025. Packet Page. 18 1 8 0 9 Attachments Attachment 1 – Amendment No. 1 to the Master Agreement with the FPPC Attachment 2 – Master Agreement with the FPPC Ward: All Wards Packet Page. 19 1 8 0 9 Synopsis of Previous Council Actions: On June 2, 2021, the Mayor and City Council Adopted Ordinance No. MC-1558, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to the local campaign finance regulations June 2, 2021, Adopted Resolution No. 2021-136 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement. On February 16, 2022, the Mayor and City Council adopted Ordinance No. MC- 1573U establishing campaign contribution limitations under Assembly Bill 571. Packet Page. 20 AMENDMENT NO. 1 TO AGREEMENT FOR CAMPAIGN LAW ENFORCEMENT WITH THE FAIR POLITICAL PRACTICES COMMISSION This Amendment No. 1 to the Agreement for Campaign Law Enforcement is made and entered into as of February 21, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“Local Agency”) and Fair Political Practices Commission (“FPPC”). Local Agency and FPPC are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the Local Agency and the FPPC have entered into an agreement, dated August 12, 2021, for the purpose of providing enforcement and interpretation of campaign laws under the provisions of the Local Agency’s campaign ordinance (the “Master Agreement”); and B. WHEREAS, the Parties now desire to amend the Master Agreement in order to reflect the recent addition of Section 2.55.030 to Chapter 2.55 of the Local Agency’s Municipal Code Regarding Default Local Campaign Contributions and to extend the term of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Amendment to Scope. Exhibit D Subsection 1 is amended to read as follows: “The Local Ordinance subject to this Agreement consists of the following, with any noticed subsequent amendments pursuant to Exhibit A, item 5: Ordinance No. MC-1558: Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 2.55 to the City of San Bernardino Municipal Code Relating To Local Campaign Finance Regulations, Title 2, Chapter 2.55 Urgency Ordinance No. MC-1573: Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Section 2.55.030 Establishing Mandatory Campaign Contribution Limit Requirements For Elected Officials Within the City of San Bernardino” Packet Page. 21 3. Amendment to Term. The term of the Master Agreement as set forth in Exhibit A Subsection 3 is hereby extended through June 30, 2025. The audit or investigation time period set forth in Exhibit A, Item 2 will additionally include: January 1, 2023 to [December 31, 2024]. 4. Amendment to the Total Cost of the Agreement. Exhibit B, Item 5 is amended to remove the 400,000 total cost limitation on the Agreement, reflecting the extension of the Agreement to cover additional years. The total cost of the Agreement will not exceed $200,000 per year. 5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. 6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] Commented [KH1]: Is this the correct audit time period? Commented [2]: Will need to make sure they get their $55k each year. Packet Page. 22 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO AGREEMENT FOR CAMPAIGN LAW ENFORCEMENT WITH FAIR POLITICAL PRACTICES COMMISSION IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Charles A. Montoya, City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney FAIR POLITICAL PRACTICES COMMISSION Signature Galena West Executive Director Packet Page. 23 Packet Page. 24 Packet Page. 25 Packet Page. 26 Packet Page. 27 Packet Page. 28 Packet Page. 29 Packet Page. 30 Packet Page. 31 9/21/21 Packet Page. 32 1 8 5 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 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:Quitclaim Deed with Arrowhead Credit Union Regarding APN 0136-171-44 (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency for the City of San Bernardino, authorize the City Manager to execute a Quitclaim Deed with Arrowhead Credit Union, terminating the City’s interest in the Real Property located at 580 W Mill Street, also known as APN: 0136-171-44, in the City of San Bernardino, California. Executive Summary The recommended action will authorize the City Manager to execute a Quitclaim Deed, thereby releasing the City of San Bernardino’s interest in the real property owned by Arrowhead Credit Union, also known as APN 0136-171-44. This action is necessary to remediate a cloud on the Title of the Property. The cloud on Title resulted when the City of San Bernardino filed a Quitclaim Deed, transferring ownership, while the City did not maintain ownership or interest in the Property. Background On December 5, 2005, the Community Development Commission of the City of San Bernardino adopted Resolution No. CDC/2005-45, approving a 2005 Disposition and Development Agreement (“DDA”) between the Redevelopment Agency of the City of San Bernardino, a public body, corporate, and politic (“the Agency”), and the Arrowhead Central Credit Union, a California Corporation (“the Developer”). A companion Resolution, Resolution No. 2005-414, by the Mayor and City Council of the City of San Bernardino, also approved the DDA with Arrowhead Credit Union. Packet Page. 33 1 8 5 2 The DDA provided for the sale of 8.2 acres of vacant Agency-owned land, south of the Baseball Stadium on “E” Street, to the Developer for the purpose of constructing a new, campus-style headquarters. In September of 2006, the Developer acquired ownership of the Agency-owned land, otherwise known as (“the Property”) APN 0136-171-44, in accordance with the terms of the DDA, consisting of approximately 3.61 acres, and proceeded with the typical development process. Subsequent to acquiring the Property, the Agency and the Developer experienced numerous challenges with regard to fulfilling the terms of the DDA. Ultimately, the Developer was unable to develop the Property in accordance with the DDA. Discussion Arrowhead Credit Union acquired the Property on September 14, 2006, in accordance with the terms of the DDA. The sale and transfer of ownership from the Agency to Arrowhead Credit Union established Arrowhead Credit Union as the sole owner of the Property. On March 18, 2011, for reasons unknown to current City staff or Arrowhead Credit Union Management, a Quitclaim Deed was recorded against the Property, whereby the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic, conveyed right, title, and interest to the San Bernardino Economic Development Corporation, a California non-profit corporation. This conveyance has since clouded the Title of the property and is preventing the future disposition and development of the property. Arrowhead Credit Union has requested that the City of San Bernardino execute a Quitclaim Deed to correct the Deed recorded on March 18, 2011. Staff has reviewed a Preliminary Title Report for the Property and has confirmed that, as of March 18, 2011, the City did have a recorded interest in the property. The City’s interest in the Property terminated on September 14, 2006. Staff is recommending that the Mayor and City Council of the City of San Bernardino authorize the City Manager to execute a Quitclaim Deed to release the recorded interest in the Property that resulted from the Quitclaim Deed recorded on March 18, 2011, as the City of San Bernardino did not have ownership interest in the Property at the time. 2021-2025 Strategic Targets and Goals This project is consistent with Goal No 1(e). Minimize risk and litigation exposure. Executing the Quitclaim Deed will restore the Property to sellable condition, thus minimizing future litigation exposure. Fiscal Impact There is no fiscal impact on the City. Conclusion Packet Page. 34 1 8 5 2 It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency for the City of San Bernardino, authorize the City Manager to execute a Quitclaim Deed with Arrowhead Credit Union, terminating the City’s interest in the Real Property located at 580 W Mill Street, also known as APN: 0136-171-44, in the City of San Bernardino, California. Attachments Attachment 1 – Quitclaim Deed with Arrowhead Credit Union Attachment 2 - Resolution No. 2005-414 Attachment 3 – Grant Deed, Document No. 2006-0629470 Attachment 4 - Quitclaim Deed, Document No. 2011-0112192 Attachment 5 - Preliminary Title Report - APN 0136-171-44 Ward: Third Ward Synopsis of Previous Council Actions: December 5, 2005 The Mayor and City Council approved Resolution No. 2005- 414, approving the Disposition and Development Agreement with Arrowhead Credit Union. Packet Page. 35 Packet Page. 36 Packet Page. 37 Packet Page. 38 Packet Page. 39 NOTE: SEE COMPANION RESOLUTION NO. CDC/2005-45 RESOLUTION NO. 2005-414 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN OF SAN BERNARDINO APPROVING THE 2005 DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND ARROWHEAD CENTRAL CREDIT UNION, A CALIFORNIA CORPORATION ("DEVELOPER") (AGENCY PROPERTY LOCATED NORTH OF MILL STREET, WEST OF "E" STREET (APN: 0136-111-22) - 8.2 ACRES IN THE CITY OF SAN BERNARDINO) ("PROPERTY") AND MAKING CERTAIN FINDINGS THERETO RELATED TO THE DEVELOPMENT OF THE PROJECT CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA) 3 4 5 6 7 8 9 WHEREAS, the City of San Bernardino, California (the "City"), is a mUlllclpa 10 corporation and charter city, duly organized and existing pursuant to the provisions of th constitution of the State of California; and 11 12 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a public body, corporate and politic existing under the laws of the State of California, Healt and Safety Code 33101, and is charged with the mission of redeveloping blighted an 13 14 underutilized land; and 15 WHEREAS, the Agency is the current owner of that certain real property consisting 0 16 approximately 8.2 acres (APN: 0136-111-22) located north of Mill Street, west of "E" Street the "Property") in the Central City South Redevelopment Project Area ("Project Area"); and WHEREAS, an updated MAl appraisal of the Property and the Property has bee completed by Smothers Appraisal (the "Appraisal"); and WHEREAS, said Appraisal has confirmed the fair market value of the Property to be On 17 18 19 20 21 Million Eight Hundred Ninety Thousand Dollars ($1,890,000); and 22 WHEREAS, the Agency is entering into a 2005 Disposition and Development Agreemen the "DDA") with Arrowhead Central Credit Union, a California Corporation (the "Developer"23 24 pursuant to which the Agency will sell the Property to the Developer for a purchase price of On 25 Million Eight Hundred Ninety Thousand Dollars ($1,890,000) less a land write-down in th 1- P:\Agendas\ResoJutions\Resolutions\2005\05-12-0S Arrowhead MCC Resol.doc Packet Page. 40 2005-414 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 amount of $1,400,000 to cover necessary mitigations to the Property, including, but not limite to, relocation of high voltage power lines, acquisition of additional properties of ingress/egres and additional right of way improvements; and WHEREAS, fair market value of the property is $1,890,000, however, the dollar amoun that is to be received by the Agency is less than the fair market value of the Property by reason 0 the expectation of the parties that the Developer will most likely comply with the provision 0 the Purchase Price Promissory Note which will provide an adjusted purchase price of $490,000; and WHEREAS, the DDA provides for the development of the Property, and adjacen property already owned by the Developer, to be developed into two (2) office buildings totalin 145,000 square feet, to contain the central billing, personnel and training facilities for Arrowhea Central Credit Union (the "Project"); and WHEREAS, the Agency has prepared and published a notice of joint public hearing i The San Bernardino County Sun Newspaper on November 21 and 28, 2005, regarding th consideration and approval of the DDA and also published a Notice of Intent to adopt Mitigated Negative Declaration related to the Project in accordance with Californi Environmental Quality Act ("CEQA"); and WHEREAS, pursuant to Health and Safety Code Section 33433(c), the Agency ma transfer the Property to the Developer subject to the Mayor and Common Council an Community Development Commission adopting a Resolution authorizing the Agency to transfe the Property in light of the findings set forth herein, pursuant to Health and Safety Code Sectio 33433; and WHEREAS, the Agency has prepared a Summary Report pursuant to Health and Safety Code Section 33433 that describes the salient points of the DDA and identifies the cost of the DDA to the Agency; and 2- P:\Agendlls\ResoJutions\Resolutions\2005\05-12-05 Arrowhead MCC Reso1.doc Packet Page. 41 2005-414 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Agency is the "lead agency" for the Project, under the California Environmental Quality Act, California Public Resources Code Sections 21000, et ~ CEQA"), in accordance with Public Resources Code Section 21067 and Title 14 California Code of Regulations Sections 15050 and 15051; and WHEREAS, the Initial Study (IS), Attachment to the Staff Report was circulated on Jun 20, 2005 and no public comments were received; and WHEREAS, the IS identified potentially significant effects on the environment connection with the proposed Project; and WHEREAS, based on the potential significant affects on the environment, the Mitigatio Monitoring and Reporting Program (the "Monitoring Program"), Attachment to the Staff Repo relative to the DDA between the Agency and the Developer to mitigate the potentially significan affects on the environment, and the Developer has agreed to implement such mitigation measure pursuant to said Monitoring Program; and WHEREAS, the Agency has prepared the Mitigated Negative Declaration with respect t the Project in accordance with the provisions of CEQA and the CEQA Guidelines develope thereunder and the Mayor and Common Council will consider adoption thereof; and WHEREAS, it is appropriate for the Mayor and Common Council to take action wit respect to the disposition of the Property to the Developer by the Agency and to approve th DDA as set forth in this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section 1. On December 5, 2005, the Mayor and Common Council (the "Council" conducted a full and fair joint public hearing with the Community Development Commission, a the governing board of the Agency (the "Commission"), relating to the disposition of th Property from the Agency to the Developer and the development thereof pursuant to the DDA. 3- P:\Agendas\Resolutions\Resolutlons\2005\05-12-05 Arrowhead MCC Resol.doc Packet Page. 42 2005-414 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The minutes of the City Clerk for the December 5, 2005 meeting of the Council shall include record of all communication and testimony submitted to the Council by interested person relating to the public hearing and the approval of the DDA and the adoption of the Mitigate Negative Declaration. Section 2. The Council hereby receives and approves the 33433 Report and the othe written materials submitted to the Council at the meeting at which this Resolution is adopted. The 33433 Report contains information required under Health and Safety Code Section 33433. Section 3. Prior to the opening of the j oint public hearing at which this Resolution i adopted, the Council received the IS, and the Mitigation Monitoring and Reporting Program fo the Project. The Council finds and determines that there are no other significant environmenta effects or any differences in the severity of environmental effects associated with th implementation of the DDA from those assessed in the IS that would require additiona environmental review and the Council hereby approves the Mitigated Negative Declaration an the Mitigation Monitoring Program. Section 4. This Resolution is adopted in satisfaction of the provisions of Health an Safety Code Section 33433 relating to the disposition and the sale of the Property by the Agenc to the Developer on the terms and conditions set forth in the DDA. A copy of the DDA in th form submitted at this joint public hearing is on file with the City Clerk. The Council hereb finds and determines that the disposition and redevelopment of the Property by the Developer i accordance with the DDA is consistent with the Project Area Redevelopment Plan, the Five Yea Implementation Plan and the City's General Plan and that the consideration payable by th Developer to the Agency as the purchase price for the Property, pursuant to the DDA, is a amount that is less than the fair market value of the Property by reason of the expectation of th parties that the Developer will most likely comply with the provisions of the Purchase Pric Promissory Note in order to mitigate the extraordinary conditions present at the Propert including relocation and undergrounding of overhead high voltage power lines, public right-of 4- P:\Agendas\Resolutions\Resolutions\200S\OS-12-05 Arrowhead MCC Resol.doc Packet Page. 43 2005-414 way improvements and extraordinary site development costs that may be incurred by th 2 Developer due to the prior use of the Property as a railroad switching yard and petro leu 3 products transfer station. The Resolution shall become effective immediately upon its adoption.4 Section 5. 5 / II II 6 II 7 1/1 8 II 9 II 10 II 11 II 12 II 13 II 14 / II 15 / II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 5- P:\Agendas\Resolutions\Resolutlons\2005\05-12-0S Arrowhead MCC Resot.doc Packet Page. 44 2005-414 2005-414 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN OF SAN BERNARDINO APPROVING THE 2005 DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND ARROWHEAD CENTRAL CREDIT UNION, A CALIFORNIA CORPORATION ("DEVELOPER") (AGENCY PROPERTY LOCATED NORTH OF MILL STREET, WEST OF "E" STREET (APN: 0136-111-22) - 8.2 ACRES IN THE CITY OF SAN BERNARDINO) ("PROPERTY") AND MAKING CERTAIN FINDINGS THERETO RELATED TO THE DEVELOPMENT OF THE PROJECT CENTRAL CITY SOUTH REDEVELOPMENT PROJECT AREA) 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 meetingCommonCounciloftheCityofSanBernardinoatajointregular 9 thereof, held on the 5th day of December ,2005, by the following vote to wit: 10 AbsentAbstainAyesNays X X X X..- X- X X Council Members: 11 ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK 12 13 14 15 16 17 18 1JJJA ~ ach~l G. Clark, CitY"Clerk 1J;Z et.6;; ~2 JJr.~ t-)~ ~ The foregoing resolution is hereby approved this'll> yof De c el'Yl be r , 2005. 19 20 21 22 23 Approved as to form and Legal Content: 24 25 6- P:\Agendas\Resolutions\Resolutions\2005\OS-IZ.OS Arrowhead :\lCC Resol.doc Packet Page. 45 Packet Page. 46 Packet Page. 47 Packet Page. 48 Packet Page. 49 Packet Page. 50 Packet Page. 51 Packet Page. 52 Packet Page. 53 Packet Page. 54 Packet Page. 55 Packet Page. 56 Packet Page. 57 Packet Page. 58 Packet Page. 59 Packet Page. 60 Packet Page. 61 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 1 of 13 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: First American Title Insurance Company National Commercial Services Issuing Office: 901 Via Piemonte, Suite 150, Ontario, CA 91764 Commitment No.: NCS-1181249-ONT1 Issuing Office File No.: NCS-1181249-ONT1 Property Address: West Mill Street,San Bernardino, CA Reference No.: Mill Street / 0136-171-44 Revision No.: Escrow Officer/Assistant: / Phone: / Email: / Title Officer/Assistant: Erin West/ IE Title Assistants Phone: (909)510-6215/ Email: ewest@firstam.com/ ietitleassistants@firstam.com SCHEDULE A 1. Commitment Date: May 19, 2023 at 7:30 AM 2. Policy to be issued: a. ALTA® Standard Owner’s Policy Proposed Insured: Occidental Outdoor LLC, a Delaware limited liability company Proposed Amount of Insurance: $3,930,000.00 The estate or interest to be insured: See Item 3 below b. 2021 ALTA Policy - form(s) To Be Determined Proposed Insured: To Be Determined Proposed Amount of Insurance: $0.00 The estate or interest to be insured: See Item 3 below 3. The estate or interest in the Land at the Commitment Date is: Fee 4. The Title is, at the Commitment Date, vested in: Arrowhead Central Credit Union, a California Corporation 5. The Land is described as follows: See Exhibit A attached hereto and made a part hereof Packet Page. 62 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 2 of 13 Commitment No. NCS-1181249-ONT1 SCHEDULE B, PART I—Requirements All of the following Requirements must be met: A. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. B. Pay the agreed amount for the estate or interest to be insured. C. Pay the premiums, fees, and charges for the Policy to the Company. D. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. E. Releases(s) or Reconveyance(s) of Item(s): NONE F. Other: NONE G. You must give us the following information: a. Any off-record leases, surveys, etc. b. Statement(s) of Identity, all parties. c. Other: NONE The following additional requirements, as indicated by "X", must be met: ☒ H. Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. ☒ I. The Company's Owner's Affidavit form (attached hereto) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. ☒ J. An ALTA/NSPS survey of recent date, which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. Packet Page. 63 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 3 of 13 ☐ K. The following LLC documentation is required from the seller: a. a copy of the Articles of Organization. b. a copy of the Operating Agreement, if applicable. c. a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State. d. express Company Consent to the current transaction. ☐ L. The following partnership documentation is required: a. a copy of the partnership agreement, including all applicable amendments thereto. b. a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State. c. express Partnership Consent to the current transaction. ☒ M. The following corporation documentation is required: a. a copy of the Articles of Incorporation. b. a copy of the Bylaws, including all applicable Amendments thereto. c. a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State. d. express Corporate Resolution consenting to the current transaction. ☐ N. Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. ☐ O. A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. ☒ P. Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. Packet Page. 64 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 4 of 13 ☒ Q. Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: a. The Company's "Indemnity Agreement I" must be executed by the appropriate parties. b. Financial statements from the appropriate parties must be submitted to the Company for review. c. A copy of the construction contract must be submitted to the Company for review. d. An inspection of the Land must be performed by the Company for verification of the phase of construction. e. The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. Packet Page. 65 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 5 of 13 Commitment No. NCS-1181249-ONT1 SCHEDULE B, PART II—Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 3. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 4. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 5. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. General and special taxes and assessments for the fiscal year 2023-2024, a lien not yet due or payable. 8. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Packet Page. 66 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 6 of 13 9. The fact that the land lies within the boundaries of the Tri City Redevelopment Project Area, as disclosed by the document recorded June 30, 1983 as Instrument No. 83-146358 of Official Records. 10. Easements, Covenants and Conditions contained in the deed from Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic, as Grantor, to Arrowhead Central Credit Union, a California Corporation, as Grantee, recorded September 14, 2006 as Instrument No. 2006- 0629470 of Official Records. Reference being made to the document for full particulars. 11. The effect of a deed executed by Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic to San Bernardino Economic Development Corporation, a California non- profit corporation, recorded March 18, 2011 as Instrument No. 2011-0112192 of Official Records. At the date of recording of the document, the grantor had no record interest in the land. 12. An easement for access, irrigation line and incidental purposes, recorded December 04, 2014 as Instrument No. 2014-0464994 of Official Records. In Favor of: San Bernardino County Transportation Commission Affects: as described therein 13. We find no outstanding voluntary liens of record affecting subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. 14. Water rights, claims or title to water, whether or not shown by the Public Records. 15. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey. 16. Rights of parties in possession. Packet Page. 67 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 7 of 13 INFORMATIONAL NOTES ALERT - CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closi ng. 1. Taxes for proration purposes only for the fiscal year 2022-2023. First Installment: $6,714.94, PAID Second Installment: $6,714.93, PAID Tax Rate Area: 007067 APN: 0136-171-44-0-000 2. The property covered by this report is vacant land. 3. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows: None 4. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. The map attached, if any, may or may not be a survey of the land depicted thereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of this Commitment or the Policy, if any, to which the map is attached. Packet Page. 68 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 8 of 13 Commitment No. NCS-1181249-ONT1 EXHIBIT A The Land referred to herein below is situated in the City of San Bernardino, County of San Bernardino, State of California, and is described as follows: PARCEL A OF CERTIFICATE OF COMPLIANCE, LOT LINE ADJUSTMENT #LLA-04-07 RECORDED JULY 13, 2005 AS INSTRUMENT NO. 502959 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: PORTIONS OF LOTS 7, 8 AND 9 OF BLOCK 11, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9 AS SHOWN ON SAID MAP; THENCE NORTH 00° 01' 16" WEST ALONG THE WEST LINES OF SAID LOTS 9, 8 AND 7, 989.75 FEET TO A LINE, PARALLEL WITH AND 1,031.00 FEET NORTH OF THE CENTERLINE OF MILL STREET; THENCE NORTH 89° 58' 23" EAST, ALONG SAID PARALLEL LINE, 360.36 FEET TO THE EAST LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, AS SHOWN PER MAP RECORDED IN BOOK 16, PAGE 31 OF MAPS, RECORDS OF SAID COUNTY; THENCE SOUTH 00° 02' 40" EAST ALONG SAID EAST LINE, 989.75 FEET TO THE SOUTH LI NE OF SAID LOT 9; THENCE SOUTH 89° 58' 23" WEST ALONG SAID SOUTH LINE, 360.76 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9 AND THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 04, 2014 AS INSTRUMENT NO. 2014-0464994, OF OFFICIAL RECORDS EXCEPTING THEREFROM ALL MINERALS AND MINERAL RIGHTS, INTERESTS, AND ROYALTIES, INCLUDING, WITHOUT LIMITING, THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS, IN AND UNDER THE PROPERTY; HOWEVER, GRANTOR OR ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT FOR ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO OR THROUGH THE SURFACE OF THE PROPERTY IN CONNECTION THEREWITH, AS RESERVED IN THE DEED RECORDED OCTOBER 4, 1995 AS INSTRUMENT NO. 1995-0344395 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 0136-171-44-0-000 Packet Page. 69 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 9 of 13 ALTA COMMITMENT FOR TITLE INSURANCE issued by FIRST AMERICAN TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Packet Page. 70 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 10 of 13 COMMITMENT CONDITIONS 1. DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. Packet Page. 71 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 11 of 13 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I—Requirements; and f. Schedule B, Part II—Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II —Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. Packet Page. 72 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 12 of 13 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. Packet Page. 73 Commitment for Title Insurance California - 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50187306 (10-11-22) Page 13 of 13 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. Packet Page. 74 1 8 6 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 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:Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements Recommendation: Adopt Resolution No. 2024-031 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements. Executive Summary Chapter 8 of the San Bernardino Municipal Code requires Council approval to lien unpaid costs associated with Code Enforcement abatement of hazardous conditions that property owners have failed to address after proper notification. Two property owners have been unresponsive to the abatement notices due to hazardous conditions. As a result, the City initiated abatement and securing of properties, followed up with proper billing provided to the owners and interested parties for costs incurred by the City. The billing notices also included the right to appeal said costs in the notices. The costs listed in Attachment 2, Exhibit A, are unpaid and overdue. The unpaid bills represent a General Fund impact in the amount of $80,278.30. Approval of the Resolution to lien the unpaid costs associated with these abatements is intended to recover the City costs paid for the abatement of the properties. Background On October 5, 2015, the Mayor and Common Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to Chapter 8.30. These changes have streamlined the process of abating public nuisances on properties and imposing liens Packet Page. 75 1 8 6 1 to enable the City to recover costs for abating nuisances. Discussion San Bernardino Municipal Code Section 8.30.050 requires a Resolution to be adopted in order to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll. The Abatement Assessments are for public nuisance abatements performed by the Code Enforcement Division, which includes properties that were either secured and/or cleaned via administrative inspection warrants or were deemed Unsafe for Occupancy or after fire suppression activities when no responsible parties could be reached. All affected property owners identified on the Abatement Assessments list have been notified through regular and certified mail of the respective abatement costs per SBMC 8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their right to appeal said costs within ten days or to pay the costs within 45 days of notice per San Bernardino Municipal Code Section 8.30.030 and 8.30.040. To date, no hearings have been requested, and the costs are currently outstanding. As such, staff recommends adopting the Resolution to assess the unpaid costs of the nuisance abatements. The total fees for the Abatement Assessment, including emergency abatements and emergency demolition, are $80,278.30. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from Attachment 2. If not, the amount will be collected incrementally as individual properties are sold and/or liens are paid through the escrow process or entered as an assessment on the San Bernardino County tax roll. 2021-2025 Strategic Targets and Goals The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community & Economic Development Department and that the City continues to strive towards being clean and attractive. Fiscal Impact The General Fund impact for this item is $80,278.30. This amount is to be reimbursed at a later time and recorded as revenue to offset the expenses incurred Conclusion Adopt Resolution No. 2024-031 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City San Bernardino for the cost of public nuisance abatements. Packet Page. 76 1 8 6 1 Attachments Attachment 1 Resolution No. 2024-031, Imposing Liens to Recover Costs for Public Nuisance Abatements Attachment 2 Exhibit A Ward: All Wards Synopsis of Previous Council Actions: October 5, 2015, Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30 of San Bernardino Municipal Code regarding Public Nuisance Abatement. April 18, 2018, Mayor and City Council adopted Resolution 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance. August 1, 2018, Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements. September 18, 2019, Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals procedures. July 19, 2023, Mayor and City Council adopted Resolution 2023-115, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance Packet Page. 77 Resolution No. 2024-031 Resolution No. 2024-031 February 21, 2024 Page 1 of 3 4 0 3 6 RESOLUTION NO. 2024-031 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO OF THE COSTS OF PUBLIC NUISANCE ABATEMENTS WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the properties described in the Abatement Assessments List, a copy of which is attached hereto and incorporated herein as Exhibit A, in this Resolution; and WHEREAS, notice of the abatement costs were given to the owners of record of said properties, and any timely requested hearing has heretofore been held to hear protests of the costs of said abatement before the Administrative Hearing Office, who determined the owner of record is responsible for the costs. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Said costs are found to have been incurred by the City pursuant to proceedings under the San Bernardino Municipal Code, and the final statement of costs on file with the City Clerk is hereby confirmed and adopted as special assessments against the properties lists in Exhibit A. SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino Municipal Code 8.30.050 and shall be collected as a special assessment. SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution, including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of the County of San Bernardino, State of California, directing that each sum be entered as a lien charged against the property as it appears on the current assessment rolls, to be collected at the said time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the Packet Page. 78 Resolution No. 2024-031 Resolution No. 2024-031 February 21, 2024 Page 2 of 3 4 0 3 6 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 21st day of February 2024. ______________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: ___________________________________ Sonia Carvalho, City Attorney Packet Page. 79 Resolution No. 2024-031 Resolution No. 2024-031 February 21, 2024 Page 3 of 3 4 0 3 6 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No.2024-031, adopted at a regular meeting held at the 21st day of February 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 24th day of February 2024. ______________________________ Genoveva Rocha, CMC, City Clerk Packet Page. 80 EXHIBIT "A" ABATEMENT ASSESSMENTS ADDRESS OWNER DATE ABATED WARD COST 2155 N. PERSHING AVE.PARKER, IRIS A 08/31/23 2 $10,379.20 340 W. FOURTH ST.FOX PROPERTY HOLDINGS LLC 08/17/23 1 $69,899.10 Total:$80,278.30 Packet Page. 81 1 8 4 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 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, Housing, & Economic Development (CED) Subject:Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 37, Tax Zone No. 38 (Mill Street) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-030 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. 37) 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 services which are necessary to meet increased demands placed upon the City. Packet Page. 82 1 8 4 9 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. 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 of Parks; and 4. Graffiti abatement; and 5. City and County costs associated with the setting, levying, and collection of the special tax and in the administration of the District including contract administration and for the collection of reserve funds. The proposed development includes approximately 2.07 gross acres of an empty residential lot. The property is located at the northeast corner of Mill Street and Macy Street. At buildout this development will include 12 detached single-family lots as a new Tax Zone No. 38 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. 38), is included as Exhibit “C” to the Resolution of Intention. The maximum annual Packet Page. 83 1 8 4 9 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%. 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 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 $8,471 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 April 3, 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. Packet Page. 84 1 8 4 9 Conclusion It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-030 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. 37) and authorizing the levy of a special taxes therein. Attachments Attachment 1 – Resolution of Intention No. 2024-030 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: 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 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. Packet Page. 85 Resolution No. 2024- Resolution No. 2024- Page 1 of 5 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. 37) 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 and word limit requirements for the ballot 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 Packet Page. 86 Resolution No. 2024- Resolution No. 2024- Page 2 of 5 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. 37, 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, April 3, 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. Packet Page. 87 Resolution No. 2024- Resolution No. 2024- Page 3 of 5 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday April 3, 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, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. 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 Packet Page. 88 Resolution No. 2024- Resolution No. 2024- Page 4 of 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 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. 89 Packet Page. 90 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 Packet Page. 91 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. Packet Page. 92 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. Packet Page. 93 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. Packet Page. 94 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. Packet Page. 95 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 Packet Page. 96 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: Packet Page. 97 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. 98 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. 99 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. 100 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. 101 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. 102 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 38 TR 18895 Item Description Estimated Cost 1 Lighting $373 2 Streets $4,836 3 Parks $1,865 4 Graffiti $79 5 Reserves $68 6 Admin $1,250 Total $8,471 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 Taxable Unit Maximum Special Tax A Maximum Special Tax B Single Family Residential Property RU $706 $0 TAX ZONE 38 FY 2023‐24 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Taxable Unit Maximum Special Tax A Maximum Special Tax B Acre $3,667 $0 Packet Page. 103 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 Packet Page. 104 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. 105 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. 106 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. 107 EXHIBIT D 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. 108 Packet Page. 109 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 8 hereto. 4.The undersigned requests that a special election be held under the Act to authorize the special taxes f or 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. The undersigned expressly waives the word limit requirement fo r the ballots pursuant to Sections 13247 and 9051 of the 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 EXHIBIT E Packet Page. 110 Packet Page. 111 Packet Page. 112 Packet Page. 113 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 37) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on February 21, 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, April 3, 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 April 3, 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. 114 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 37 (April 3, 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 March 20, 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 April 3, 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 April 3, 2024. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Page. 115 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 rate set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A Single Family Residential Property RU $706 On each July 1, commencing on July 1, 2024 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, to finance certain services including lighting, streets, parks, and graffiti as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of San Bernardino on February 21, 2024 (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. 116 EXHIBIT H Packet Page. 117 MACYSTE SPE RANZA ST MILL ST JO HNSTO N AVE WA LNUT ST P OP LAR ST WATWOOD AVEDALLAS AVECH ES TN UT S T ATCHISON ST RANCHO AVEIRIS STSTATE STGRAND AVEALSTON AVESUTTER AVECO LLEGE DR HU FF ST ^_ £¤66 MIL L ST 16TH ST SPRUCE ST SIERRA WAYWATERMAN AVENINTH ST CAM PUS WAY 2ND ST MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVE17 TH S T BASE LINE ST SECOND S T PEPPER AVCEDAR AVECENTRAL AVE MERIDIAN AVESAN BERNARDINO AVE MT VERNON AVEPENNSYLVANIA AVEWATERMAN AVECITRUS AVE EUCALYPTUS AVEACADEMY STMT.VIEW AVECOLTON AVEREDLANDS BLVD MIL L ST ·|}þ259 £¤66 £¤66 £¤66 §¨¦215 §¨¦10 ·|}þ259 ·|}þ210 CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 37 PROJECT MAP Packet Page. 118 1 8 6 4 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Barbara Whitehorn, Director of Finance and Management Services Department:Finance Subject:Approval of Commercial and Payroll Disbursements (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for December 2023 and January 2024. Executive Summary This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: https://sbcity.org/city_hall/finance/warrant_register Packet Page. 119 1 8 6 4 Discussion 2021-2025 Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for January 2024. Attachments Attachment 1 Payroll Summary Report for January 2024 Attachment 2 Commercial checks & Payroll Register #32 Attachment 3 Commercial checks & Payroll Register #33 Attachment 4 Commercial checks & Payroll Register #34 Attachment 5 Commercial checks & Payroll Register #35 Attachment 6 Commercial checks & Payroll Register #36 Ward: All Wards Synopsis of Previous Council Actions: Gross Payroll Bi-Weekly for January 4, 2024 $3,009,847.14 Bi-Weekly for January 18, 2024 $3,468,753.57 Monthly for January 15, 2024 $26,950.00 Total Payroll D emands: $6,505,550.71 The following check registers are being presented for approval: D ecember 21, 2023 2023/24 (Register #32)$4,120,125.84 D ecember 28, 2023 2023/24 (Register #33)$1,880.20 January 11, 2024 2023/24 (Register #34)$3,251,285.45 January 18, 2024 2023/24 (Register #35)$325,027.87 January 19, 2024 2023/24 (Register #36)$46,425.00 Total commercial check demands:$7,744,744.36 Packet Page. 120 Packet Page. 121 Packet Page. 122 Packet Page. 123 Packet Page. 124 Packet Page. 125 Packet Page. 126 Packet Page. 127 Packet Page. 128 Packet Page. 129 Packet Page. 130 Packet Page. 131 Packet Page. 132 Packet Page. 133 Packet Page. 134 Packet Page. 135 Packet Page. 136 Packet Page. 137 Packet Page. 138 Packet Page. 139 Packet Page. 140 Packet Page. 141 Packet Page. 142 Packet Page. 143 Packet Page. 144 Packet Page. 145 Packet Page. 146 Packet Page. 147 Packet Page. 148 Packet Page. 149 Packet Page. 150 Packet Page. 151 Packet Page. 152 Packet Page. 153 Packet Page. 154 Packet Page. 155 Packet Page. 156 Packet Page. 157 Packet Page. 158 Packet Page. 159 Packet Page. 160 Packet Page. 161 Packet Page. 162 Packet Page. 163 Packet Page. 164 Packet Page. 165 Packet Page. 166 Packet Page. 167 Packet Page. 168 Packet Page. 169 Packet Page. 170 Packet Page. 171 Packet Page. 172 Packet Page. 173 Packet Page. 174 Packet Page. 175 Packet Page. 176 Packet Page. 177 Packet Page. 178 Packet Page. 179 Packet Page. 180 Packet Page. 181 Packet Page. 182 Packet Page. 183 Packet Page. 184 Packet Page. 185 Packet Page. 186 Packet Page. 187 Packet Page. 188 Packet Page. 189 Packet Page. 190 Packet Page. 191 Packet Page. 192 Packet Page. 193 Packet Page. 194 Packet Page. 195 Packet Page. 196 Packet Page. 197 Packet Page. 198 Packet Page. 199 Packet Page. 200 Packet Page. 201 Packet Page. 202 Packet Page. 203 Packet Page. 204 Packet Page. 205 Packet Page. 206 Packet Page. 207 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Suzie H. Soren, Deputy City Manager Department:Human Resources & Risk Management Subject:Approving Job Classifications and Amending the City-wide Salary Schedule Recommendation: It is recommended that the Mayor and City Council adopt Resolution No. 2024-032 of the Mayor and City Council of the City of San Bernardino, California: 1. Establishing the Auditor I job classification; 2. Establishing the Auditor II job classification; 3. Establishing the Deputy Director of Economic Development (U) job classification; 4. Establishing the Economic Development Manager job classification; 5. Authorizing the City Manager or their designee to add three (3) FTE for Fiscal Year 2023/24; 6. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions Executive Summary Creating and staffing an Auditor I, Auditor II, and Deputy Director of Economic Development (U) will assist the City Manager’s Office and the Economic Development Department in accomplishing critical goals and actions. Establishing the Economic Development Manager classification is a continued item from the strategic initiatives approved on September 12, 2023. Background As the City continues its efforts to meet its goal of improving service delivery, and minimizing risk and litigation exposure, staff recommends adding two (2) new classifications to the City Manager’s Office and one (1) new classification to the Economic Development Department. The creation and addition of these classifications Packet Page. 208 will better position these two departments to better address the needs of the community and to strategically accomplish Mayor and City Council initiatives. On September 12, 2023, staff made a presentation providing an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation contained the addition of several new positions, including the Economic Development Manager. As such, staff is bringing forward the position to add it to the City-wide salary table. Discussion Auditor I and Auditor II The Auditor I and Auditor II classifications will be positioned in the Management & Confidential group. They will conduct internal audits of both inter-departmental and intra-departmental fiscal affairs, systems, and procedures to determine compliance with City financial control and sound management practices. In addition, they will ascertain the reliability and quality of accounting and other data developed with established reporting systems. The Auditor I is the journey level classification that handles routing auditing work and assists with all audit phases. The Auditor II is the advanced journey level classification that handles more difficult and complex auditing work and performs all phases involved in an audit including planning, organizing, performing, and reporting. An external compensation study comprised of local agencies with similar classifications was conducted to determine the recommended salary for both classifications. The average maximum salary among these agencies for Auditor I is $7,670/monthly; and the average maximum salary for the Auditor II is $8,547/monthly. Based on this study, the salary recommendation for both positions are as follows: Auditor I – Range 515 ($6,273.93 - $7,625.78/monthly) Auditor II – Range 537 ($7,000.76 - $8,509.67/monthly) Deputy Director of Economic Development (U) The Economic Development Department is a newly formed department created by the split between Community Development & Housing, and Economic Development. This department maintains responsibility for all Economic Development functions, strategies, plans, projects, and policies capitalizing on existing City and community assets and identifying new development opportunities for maximum economic vitality and value. This includes maintaining strategies for recruiting new businesses and retaining existing businesses in the City. The Deputy Director of Economic Development (U) will be an unclassified position in the Management & Confidential group, and will assist with planning, organizing, and directing the activities and programs of the Economic Development Department, focusing on department operations, policy, and programming; act on behalf of the Director of Economic Development; and perform related duties as assigned. Packet Page. 209 An internal compensation study was performed identifying City of San Bernardino Deputy Director level classifications including Animal Services, Finance & Management Services, Community Development (Housing & Homelessness), Human Resources & Risk Management, Information Technology, Parks, Recreation, & Community Services, and Public Works. Based on this study, the salary recommendation for the Deputy Director of Economic Development (U) is as follows: Deputy Director of Economic Development (U) – Range 629 ($11,077.95 - $13,465.34/monthly) Economic Development Manager The Economic Development Manger will be positioned in the Management & Confidential group, responsible for leading teams in the areas of business recruitment, business retention, and special events management with the goal of attracting, and retaining businesses, development, capital investments, and securing high-profile City hosted events. An internal compensation study was performed anchoring this classification to the Economic Development Project Manager, and the recommended salary range is as follows: Economic Development Manager – Range 560 ($7,852.17 - $9,544.13/monthly) 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 The addition of these classifications and adding three (3) new positions aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently. Fiscal Impact The total fiscal impact for the remainder of Fiscal Year 2023/24 is $155,122 estimating a hire date of March 2024. The City Manager’s Office and Economic Development Department will be using existing salary savings to cover the cost associated with adding the three (3) full-time positions. FY 2024/25 impact is $476,256 and FY 2025/26 impact is $538,385. There is no other impact to the General Fund for establishing the Economic Development Manager 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 Packet Page. 210 It is recommended that the Mayor and City Council adopt Resolution No. 2024-032 of the Mayor and City Council of the City of San Bernardino, California: 1. Establishing the Auditor I job classification; 2. Establishing the Auditor II job classification; 3. Establishing the Deputy Director of Economic Development (U) job classification; 4. Establishing the Economic Development Manager job classification; 5. Authorizing the City Manager or their designee to add three (3) FTE for Fiscal Year 2023/24; 6. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions Click or tap here to enter text. Attachments Attachment 1 Resolution 2024-032 Attachment 2 Resolution 2024-032 Exhibit A – City-wide Salary Schedule Ward: All Wards Synopsis of Previous Council Actions: January 17, 2024 Mayor and City Council adopted Resolution No. 2024-014 amending the City-wide salary schedule for full time, part-time, temporary, and seasonal positions. Packet Page. 211 Resolution No. 2024-032 Resolution 2024-032 February 21, 2024 Page 1 of 4 4 0 6 2 RESOLUTION NO. 2024-032 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 1. ESTABLISHING THE AUDITOR I CLASSIFICATION; 2. ESTABLISHING THE AUDITOR II CLASSIFICATION; 3. ESTABLISHING THE DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (U) CLASSIFICATION; 4. ESTABLISHING THE ECONOMIC DEVELOPMENT MANAGER CLASSIFICATION; 5. AUTHORIZING THE CITY MANAGER TO ADD THREE (3) FULL TIME POSITIONS TO FISCAL YEAR 2023/24; AND 6. AMENDING THE CITY-WIDE SALARY SCHEDULE FOR FULL-TIME, PART-TIME, TEMPORARY, AND SEASONAL POSITIONS WHEREAS, the City continues its efforts to meet its goal of improving service delivery, and minimizing risk and litigation exposure, staff recommends adding two (2) new classifications to the City Manager’s Office and one (1) new classification to the Economic Development Department; and WHEREAS, the creation and addition of these classifications will better position these two departments to better address the needs of the community and to strategically accomplish Mayor and City Council initiatives; and WHEREAS, On September 12, 2023, staff made a presentation providing an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation included the addition of several new positions, including the Economic Development Manager; and WHEREAS, the proposed Auditor I and Auditor II will be classified positions in the Management & Confidential group, responsible for conducting internal audits of both inter- departmental and intra-departmental fiscal affairs, systems, and procedures to determine compliance with City financial control and sound management practices; and WHEREAS, the proposed Deputy Director of Economic Development (U) will be an unclassified position in the Management & Confidential group, responsible for assisting with planning, organizing, and directing the activities and programs of the Economic Development Department, focusing on department operations, policy, and programming; and WHEREAS, the proposed Economic Development Manager will be a classified position in the Management & Confidential group, responsible for leading teams in the areas of business recruitment, business retention, and special events management with the goal of attracting, and retaining businesses, development, capital investments, and securing high-profile City hosted events in the Economic Development Department; and Packet Page. 212 Resolution No. 2024-032 Resolution 2024-032 February 21, 2024 Page 2 of 4 4 0 6 2 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 classification of Auditor I, range 515, $6,273.93 - $7,625.78/monthly, attached hereto as Exhibit A is hereby established and approved. SECTION 3. The classification of Auditor II, range 537, $7,000.76 - $8,509.67/monthly, attached hereto as Exhibit A is hereby established and approved. SECTION 4. The classification of Deputy Director of Economic Development (U), range 629, $11,077.95 - $13,465.34/monthly, attached hereto as Exhibit A is hereby established and approved. SECTION 5. The classification of Economic Development Manager, range 560, $7,852.17 - $9,544.13/monthly, attached hereto as Exhibit A is hereby established and approved. SECTION 6. The City Manager or their designee is hereby authorized to add three (3) FTE for Fiscal Year 23/24. SECTION 7.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 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. Packet Page. 213 Resolution No. 2024-032 Resolution 2024-032 February 21, 2024 Page 3 of 4 4 0 6 2 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 21st day of February 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 214 Resolution No. 2024-032 Resolution 2024-032 February 21, 2024 Page 4 of 4 4 0 6 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. 2024-032, adopted at a regular meeting held on the 21st day of February 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. 215 EXHIBIT AADOPTED 02/21/2024 EFFECTIVE 02/22/2024 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 PENDING PENDING 00194 10060 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 705 365 502 580 430 480 530 580 530 515 537 493 608 $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 $6,273.93 $7,000.76 $5,190.00 $9,976.33 $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 $7,625.78 $8,509.67 $6,308.00 $12,126.50 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY 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 AUDITOR I AUDITOR II BACKGROUND INVESTIGATOR (PT) BUDGET DIVISION MANAGER (U) GENERAL GENERAL MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MIDDLE MANAGEMENT CONFIDENTIAL CONFIDENTIAL NA MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8 Packet Page. 216 ADOPTED 02/21/2024 EFFECTIVE 02/22/2024 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 10062 20250 30072 30073 30074 10500 30502 20263 30650 30651 20271 10870 30292 10398 50280 10399 00601 10370 10801 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 BUDGET OFFICER BUILDING INSPECTION SUPERVISOR BUILDING INSPECTOR I (FLEX) BUILDING INSPECTOR II BUILDING INSPECTOR III 581 542 460 487 511 613 459 530 419 429 460 591 395 565 NA $8,719.81 $7,338.73 $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 $10,598.09 $8,920.10 $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 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY 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 MIDDLE MANAGEMENT GENERAL GENERAL GENERAL MANAGEMENT GENERAL MIDDLE MANAGEMENT GENERAL 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) CHIEF OF POLICE CITY CLERK (U) CITY COUNCIL CITY MANAGER (U) GENERAL MIDDLE MANAGEMENT MANAGEMENT GENERAL MANAGEMENT EXECUTIVE 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 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 GENERAL GENERAL MANAGEMENT GENERAL MIDDLE MANAGEMENT GENERAL MIDDLE MANAGEMENT MIDDLE MANAGEMENT GENERAL MIDDLE MANAGEMENT GENERAL MIDDLE MANAGEMENT CONFIDENTIAL GENERALCOUNCIL ADMINISTRATIVE SUPERVISOR (U) CRIME ANALYSIS SUPPORT ASSISTANT CRIME ANALYST 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 SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8 Packet Page. 217 ADOPTED 02/21/2024 EFFECTIVE 02/22/2024 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30222 30226 30227 30224 30100 10650 10654 09372 10675 PENDING 10066 10720 10610 10638 10830 10732 10803 10802 10400 40466 10685 09526 09520 09527 09710 09665 10625 10731 09753 20200 10140 10125 PENDING 10127 10120 30831 30841 10367 30432 30434 30436 20441 10180 30445 10200 30420 CUSTOMER SERVICE REPRESENTATIVE 386 396 396 386 444 490 530 700 619 629 629 629 629 629 629 629 678 662 575 P2 630 662 692 662 692 660 660 662 692 560 590 600 560 560 500 445 465 565 450 475 511 532 590 446 532 464 $3,373.81 $3,545.61 $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 $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 $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 $4,100.89 $4,310.37 $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 $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 $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 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY 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 GENERAL GENERAL CONFIDENTIAL MANAGEMENT EXECUTIVE MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT POLICE SAFETY EXECUTIVE CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) CUSTOMER SERVICE REPRESENTATIVE (U) DATA ANALYST DEPUTY CITY CLERK I (U) DEPUTY CITY CLERK II (U) DEPUTY CITY MANAGER (U) DEPUTY DIRECTOR OF ANIMAL SERVICES (U) DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT (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 MANAGER 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 ENGINEERING TECHNICIAN ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER ENVIRONMENTAL PROGRAMS COORDINATOR EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE MIDDLE MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT MANAGEMENT CONFIDENTIAL GENERAL GENERAL MANAGEMENT GENERAL GENERAL GENERAL MIDDLE MANAGEMENT MANAGEMENT GENERAL MANAGEMENT GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8 Packet Page. 218 ADOPTED 02/21/2024 EFFECTIVE 02/22/2024 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 20444 20024 20025 30921 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 ENVIRONMENTAL PROJECT MANAGER EQUIPMENT MAINTENANCE MANAGER EQUIPMENT MAINTENANCE SUPERVISOR EQUIPMENT MECHANIC I (FLEX) EQUIPMENT MECHANIC II EQUIPMENT SERVICE WORKER EXECUTIVE ASSISTANT 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 560 551 523 431 450 408 430 430 464 502 502 550 368 591 420 515 532 398 438 361 478 448 478 543 542 580 483 601 506 476 390 506 392 452 556 500 601 518 500 518 476 590 490 418 460 498 $8,027.54 $7,675.38 $6,675.40 $4,221.70 $4,641.76 $3,765.06 $4,201.75 $4,106.44 $4,864.68 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MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MIDDLE MANAGEMENT MIDDLE MANAGEMENT MIDDLE MANAGEMENT GENERAL GENERAL GENERAL GENERAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL MANAGEMENT NA MANAGEMENT GENERAL MIDDLE MANAGEMENT MANAGEMENT GENERAL GENERAL NA MIDDLE MANAGEMENT GENERAL GENERAL MIDDLE MANAGEMENT MIDDLE MANAGEMENT CONFIDENTIAL CONFIDENTIAL MANAGEMENT CONFIDENTIAL GENERAL GENERAL MIDDLE MANAGEMENT GENERAL GRANT DIVISION MANAGER (U) GRANT WRITER GRANTS ANALYST GRANTS ASSISTANT GRANTS MANAGER (U) GROUNDWORKER 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 MANAGEMENT MANAGEMENT MANAGEMENT CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL CONFIDENTIAL MANAGEMENT CONFIDENTIAL GENERAL GENERAL CONFIDENTIALINFORMATION TECHNOLOGY ANALYST I (FLEX) SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8 Packet Page. 219 ADOPTED 02/21/2024 EFFECTIVE 02/22/2024 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 10626 10637 10631 10388 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 INFORMATION TECHNOLOGY ANALYST II INFORMATION TECHNOLOGY MANAGER INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) LANDSCAPE & IRRIGATION INSPECTOR II LAW ENFORCEMENT TRAINEE LEAD ANIMAL CONTROL OFFICER LEAD BUILDING INSPECTOR LEAD CODE ENFORCEMENT OFFICER LEAD CUSTODIAN LEAD EQUIPMENT MECHANIC LEAD FORENSICS SPECIALIST 520 599 530 430 447 467 NA $6,432.08 $9,538.72 $6,761.38 $4,106.44 $4,573.05 $5,052.96 $34.77 $7,818.59 $11,593.56 $8,218.29 $4,990.33 $5,558.37 $6,141.36 $34.77 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY HOURLY CONFIDENTIAL MANAGEMENT CONFIDENTIAL CONFIDENTIAL GENERAL GENERAL NA 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 $5,287.93 $8,242.79 $7,168.80 $4,331.43 $6,234.46 $7,834.85 $5,699.13 $6,265.49 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CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 20555 10122 10868 30178 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 NPDES MANAGER OMBUDSPERSON OPERATIONS & MAINTENANCE DIVISION MANAGER (U) PARK RANGER PARK RANGER SUPERVISOR 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 525 518 591 397 480 380 534 390 421 521 430 494 456 594 499 534 450 368 396 P5 $6,741.85 $6,368.17 $9,165.01 $3,563.34 $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 $8,194.75 $7,740.59 $11,140.78 $4,331.43 $6,546.94 $3,980.08 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$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 MONTHLY MONTHLY MONTHLY 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 POLICE DISPATCH MANAGER POLICE DISPATCH SUPERVISOR POLICE DISPATCHER I (FLEX) POLICE DISPATCHER II POLICE FLEET MAINTENANCE EXPEDITOR POLICE LIEUTENANT 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 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) GENERAL MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8 Packet Page. 221 ADOPTED 02/21/2024 EFFECTIVE 02/22/2024 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 30580 30583 30584 10900 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 PUBLIC WORKS INSPECTOR I (FLEX) PUBLIC WORKS INSPECTOR II PUBLIC WORKS INSPECTOR III PUBLIC WORKS SAFETY AND TRAINING OFFICER 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) 476 499 529 510 598 465 580 460 368 375 400 481 468 450 590 530 378 402 420 390 502 581 435 445 445 435 530 461 553 488 396 556 556 592 375 375 567 382 644 450 490 368 559 502 573 532 $5,284.61 $5,927.45 $6,883.95 $6,119.03 $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 $6,423.99 $7,204.26 $8,366.92 $7,438.38 $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 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY 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 MANAGEMENT GENERAL MANAGEMENT CONFIDENTIAL NA NA NA NA GENERAL GENERAL MANAGEMENT CONFIDENTIAL NA NA GENERAL GENERAL GENERAL MANAGEMENT GENERAL GENERAL SECURITY OFFICER II (PT) SENIOR ADMINISTRATIVE ASSISTANT SENIOR ANIMAL SERVICES REPRESENTATIVE SENIOR ARBORIST 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 TRAFFIC ENGINEER TRAFFIC ENGINEERING ASSOCIATE SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8 Packet Page. 222 ADOPTED 02/21/2024 EFFECTIVE 02/22/2024 CLASS CODE HOURLY/ MONTHLYCLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP UNIT 20438 20370 30447 30448 30449 30667 10740 20666 30125 TRAFFIC OPERATIONS AND SYSTEMS ANALYST TRAFFIC SIGNAL AND LIGHTING SUPERVISOR TRAFFIC SIGNAL TECHNICIAN I (FLEX) TRAFFIC SIGNAL TECHNICIAN II TRAFFIC SIGNAL TECHNICIAN III TREASURY ASSISTANT TREASURY MANAGER TREASURY SUPERVISOR VETERINARY ASSISTANT 552 533 450 484 513 399 598 502 400 $7,714.14 $7,016.48 $4,641.76 $5,499.62 $6,355.27 $3,599.92 $9,491.06 $6,010.96 $3,617.65 $9,376.35 $8,528.08 $5,642.60 $6,684.45 $7,725.19 $4,374.65 $11,536.15 $7,306.62 $4,414.22 MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MONTHLY MIDDLE MANAGEMENT MIDDLE MANAGEMENT GENERAL GENERAL GENERAL GENERAL MANAGEMENT MIDDLE MANAGEMENT GENERAL 30620 30000 VOLUNTEER COORDINATOR WEED ABATEMENT COORDINATOR 358 462 $2,933.80 $4,927.72 $3,565.56 $5,990.62 MONTHLY MONTHLY GENERAL GENERAL (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 REVISION ADOPTED BY MCC 1/17/24 SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8 Packet Page. 223 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. 224 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Suzie H. Soren, Deputy City Manager Department:Human Resources & Risk Management Subject:Establish a Revised Auto Allowance for Eligible City Employees (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-034, approving a revised auto allowance for eligible City employees and repealing Resolution No. 2018-171. Executive Summary Revising the auto allowance to realign the classifications eligible for this benefit. Background On December 4, 2006, the Mayor and City Council adopted Resolution No. 2006-428, authorizing auto allowances for eligible City employees and elected officials. The Resolution authorized the City Manager to designate an auto allowance to eligible employees at the following rates: Classification Monthly Allowance City Manager $500 Mayor, City Council, Assistant City Manager, Department Director $450 Division Heads $300 At the time the Resolution was adopted, the auto allowance at neighboring cities was significantly higher. Therefore, the Mayor and City Council authorized an annual increase of $25/month on July 1st of each year. There was no maximum or end date established for the annual increase. Therefore, on June 20, 2018, the Mayor and City Packet Page. 225 Council adopted resolution 2018-171 capping the auto allowance at the following rates: Classification Monthly Allowance City Manager $775 Mayor, City Council, Assistant City Manager, Department Director $725 Division Heads $575 Discussion The item for consideration is to realign the classifications that receive an auto allowance and the amounts. Currently, if the classification/title is not listed in Resolution No. 2018-171, then it is determined that the positions are not eligible for an auto allowance. The bulk of the positions not receiving the allowance are the Deputy Directors, Chief Deputy City Clerk, and Deputy City Manager. Historically, Division Managers were afforded an auto allowance, however, these positions do not typically receive this benefit. In fact, the cities that were surveyed did not offer an auto allowance to this level of classification. If approved, these classifications would no longer receive the benefit. Any employee currently employed within a Division Manager classification will retain the auto allowance of $575/month. Any new appointment into any Division Manager classification, will not receive an auto allowance. Additionally, Staff recommends that the additional tier of employees receive $625/month to remain consistent with other agencies and framework. Staff recommends the following: Classification Monthly Allowance City Manager $775 Assistant City Manager, Deputy City Manager, City Clerk, Department Directors $725 Deputy Directors, Chief Deputy City Clerk $625 Other Considerations The Chief of Police classification currently receives a City-owned vehicle with fuel as listed in the Executive Compensation and Benefits Plan Resolution No. 2022-59. The auto allowance set for the Mayor and City Council is referenced in San Bernardino Municipal Code sections 2.82.010 (C) and 2.82.020(C). 2021-2025 Strategic Targets and Goals Revising the auto allowance for eligible employees supports Key Strategic Goal 2. Packet Page. 226 Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact The fiscal impact for revising the positions that receive an auto allowance would cost an additional $3,300 per year. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-034, approving a revised auto allowance for eligible City employees and repealing Resolution No. 2018-171. Attachments Attachment 1 – Resolution No. 2024-034 Ward: All Wards Synopsis of Previous Council Actions: On December 4, 2006, the Mayor and City Council adopted Resolution No. 2006- 428, authorizing vehicle reimbursement allowance for various City employees, and repealing Resolution No. 89-15. On June 20, 2018, the Mayor and City Council adopted Resolution No. 2018-171, authorizing vehicle reimbursement allowance for various City employees, and repealing Resolution No. 2006-428. Packet Page. 227 Resolution No. 2024-034 Resolution 2024-134 February 21, 2024 Page 1 of 3 4 0 6 1 RESOLUTION NO. 2024-034 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A REVISED AUTO ALLOWANCE FOR ELIGIBLE EMPLOYEES AND REPEALING RESOLUTION NO. 2018-171 WHEREAS, there is a need to realign the classifications that receive an auto allowance as newly created positions are not currently included; and WHEREAS, if a classification/title is not listed in Resolution No. 2018-171, then it is determined that the positions are not eligible for an auto allowance; and WHEREAS, the bulk of the positions not receiving the allowance are the Deputy Directors, Chief Deputy City Clerk, and Deputy City Manager; and WHEREAS, historically, Division Managers were afforded an auto allowance, however, these classifications will no longer receive the benefit. 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 monthly amount of auto allowance authorized for each employee category is as follows: Classification Monthly Allowance City Manager $775 Assistant City Manager, Deputy City Manager, City Clerk, Department Directors $725 Deputy Directors, Chief Deputy City Clerk $625 SECTION 3. Any employee currently employed within a Division Manager classification will retain the auto allowance of $575/month. Any new appointment into any Division Manager classification, will not receive an auto allowance.  Packet Page. 228 Resolution No. 2024-034 Resolution 2024-134 February 21, 2024 Page 2 of 3 4 0 6 1 SECTION 4. The auto allowance set for the Mayor and City Council is referenced in San Bernardino Municipal Code sections 2.82.010 (C) and 2.82.020(C).   SECTION 5. The Chief of Police classification currently receives a City-owned vehicle with fuel as listed in the Executive Compensation and Benefits Plan Resolution No. 2022-59. 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 21st day of February 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 229 Resolution No. 2024-034 Resolution 2024-134 February 21, 2024 Page 3 of 3 4 0 6 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 Resolution No. 2024-134, adopted at a regular meeting held on the 21st day of February 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. 230 1 7 4 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Suzie H. Soren, Deputy City Manager Department:Human Resources & Risk Management Subject:Human Resources & Risk Management Department Staffing Recommendation: Adopt Resolution No. 2024-033 of the Mayor and City Council of the City of San Bernardino, California, approving the addition of the following positions to support the employee relations functions of the Human Resources & Risk Management Department: 1. One (1) Supervising Human Resources Analyst 2. One (1) Human Resources Analyst II Executive Summary Adding two (2) positions to the Human Resources & Risk Management Department would allow for in-house staff to be dedicated to employee relations matters responsible for handling workplace investigations, training and coaching, and union matters. Background As the Human Resources & Risk Management Department continues its efforts of improving service delivery, staff recommends adding two additional positions to address employee relations, and union matters. These employee relations focused staff will address workplace conflict and concerns; coach supervisors and managers through progressive discipline and employee performance improvement processes; resolve labor contract disputes; conduct workplace investigations, participate in other employee relations matters on behalf of the City; and coordinate and facilitate City- wide training and development. Packet Page. 231 1 7 4 6 The approval of additional staffing will better position the Human Resources & Risk Management Department to meet the needs of the City and its current and potential employees. Staff focused on employee relations will take a neutral leadership role in serving both employees and managers and would require the addition of the following positions to run an efficient operation: one (1) Supervising Human Resources Analyst, and one (1) Human Resources Analyst II. Discussion In recent years, the Human Resources & Risk Management Department has experienced high turnover as employees must shift their focus between multiple high-volume areas and carry a workload equivalent to that of more than one employee. The department is constantly losing employees to other agencies who offer better compensation packages, work-life balance, and focused assignments with manageable workloads. In addition, a high number of employee relations cases, investigations, and miscellaneous duties are currently outsourced due to the shortage of staff that can dedicate the necessary time to completing such sensitive tasks. Over the last three (3) fiscal years, we have spent approximately $305,583 outsourcing investigations and other employee relations duties, yet are still falling short in providing important retention strategies such as consistent training and development opportunities to employees. In the current fiscal year, we have already spent $134,649 as of January 2024, and we anticipate spending well over $500,000.00 should the volume of investigative needs remain constant. Adding the 2 additional staff members will create a structure that includes adequate staffing to support all employee relations related functions. This in turn will give us greater oversight and better control of timelines in administrative investigations. Funds currently spent on outside assistance will now support an in-house employee relations function, resulting in a more efficient and manageable department operation. In addition, it will result in a major cost savings for not outsourcing as many investigations that are currently being sent to outside vendors. It is important to note that outside investigators will still be utilized in the event of extremely sensitive topics that require special handling. The Supervising Human Resources Analyst will assign, review, and evaluate the work of analysts assigned to employee relations matters while taking responsibility for the most difficult, sensitive, and confidential matters; and provide guidance to department management and assigned staff on any areas of concern. The Human Resources Analyst II will have intense involvement in all aspects of employee relations including labor negotiations and contract administration, advising department staff on disciplinary matters, providing guidance to employees regarding provisions of their labor agreements, and representing the City’s position in all employee relations disputes. Packet Page. 232 1 7 4 6 In addition, these positions will consult with, advise, and make recommendations to City departments regarding routine employee relations matters, research and identify training needs and plan training programs related to supervisory techniques, orientation, and other human resources areas; develop training, write course outlines, prepare and facilitate training programs, and identify and recommend external training programs for the development of City employees. 2021-2025 Strategic Targets and Goals Adding staff to support the employee relations functions within the Human Resources & Risk Management Department aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently; and 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 It will cost $133,494 to add the 2 positions for the remainder of FY 23/24 and $272,425 in FY 24/25. We will utilize the cost savings of outsourcing investigations to outside firms to fund these positions. Conclusion Adopt Resolution No. 2024-033 of the Mayor and City Council of the City of San Bernardino, California, approving the addition of the following positions to support the employee relations functions of the Human Resources & Risk Management Department: 1. One (1) Supervising Human Resources Analyst 2. One (1) Human Resources Analyst II Attachments Attachment 1 Resolution 2024-033 Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page. 233 Resolution No. 2024-033 Resolution 2024-033 February 21, 2024 Page 1 of 3 3 6 9 2 RESOLUTION NO. 2024-033 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ADDITION OF TWO POSITIONS WITHIN THE HUMAN RESOURCES & RISK MANAGEMENT DEPARTMENT WHEREAS, As the Human Resources & Risk Management Department continues its efforts of improving service delivery, staff recommends adding two additional positions to address employee relations, and union matters; and WHEREAS, these employee relations focused staff will address workplace conflict and concerns; coach supervisors and managers through progressive discipline and employee performance improvement processes; resolve labor contract disputes; conduct workplace investigations, participate in other employee relations matters on behalf of the City; and coordinate and facilitate City-wide training and development; and WHEREAS, The approval of additional staffing will better position the Human Resources & Risk Management Department to meet the needs of the City and its current and potential employees. 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 addition of one (1) Supervising Human Resources Analyst, is hereby approved. SECTION 3. The addition of one (1) Human Resources Analyst II, is hereby approved. SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. Packet Page. 234 Resolution No. 2024-033 Resolution 2024-033 February 21, 2024 Page 2 of 3 3 6 9 2 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 235 Resolution No. 2024-033 Resolution 2024-033 February 21, 2024 Page 3 of 3 3 6 9 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. 2024-033, adopted at a regular meeting held on the 21st day of February 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. 236 1 8 2 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Rolland Kornblau, Director of Technology Department:Information Technology Subject:Request for Purchase Authorization for Backup Storage Replacement (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Professional Software Services Agreement with Sidepath, Inc. for purchasing backup hardware, as approved for funding through the FY 2023/24 Operating Budget: 2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $151,000.00 to Sidepath, Inc. Executive Summary A purchase order not to exceed $151,000 is requested for the purchase of backup hardware, software, and support. The equipment is necessary as it will replace end-of- life hardware. Funding for this purchase was authorized by the City Council as part of the Strategic Targets and Goals (Improved Operational & Financial Capacity). This project began with the replacement of Firewalls and Core Switches as approved in Resolution No. 2022-54. This project will be replacing the backup system used currently. Background The Information Technology Department is responsible for the maintenance, repair, and function of City-owned network hardware and software. The Mayor and City Council approved a budget in Resolution No. 2022-44 to begin the process of Packet Page. 237 1 8 2 7 upgrading the network hardware in the City. Current hardware is end of life and in need of replacement to function. Discussion Information Technology is proposing to replace the City’s backup hardware. The City needs to upgrade the end-of-life hardware. RFP-23-72 was issued in October 2023 on Planet Bids and there were 6 respondents. Side Path, Inc. was selected as they submitted the lowest price. The General Fund impact is $151,000 and is appropriated in the FY2023/24 budget. The purchase order amount of $151,000 will allow for the purchase of backup hardware for the city hall and public safety networks. 2021-2025 Strategic Targets and Goals This project is aligned with Key Target No. 1: Improved Operational & Financial Capacity. Approval of this purchase will reduce the risk of potential outages of the network and improve the speed. Fiscal Impact There is sufficient funding in the FY 2023/24 Operating Budget for this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Professional Software Services Agreement with Sidepath, Inc. for purchasing backup hardware, as approved for funding through the FY 2023/24 Operating Budget: 2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $151,000.00 to Sidepath, Inc. Attachments Attachment 1 - Backup Quote Attachment 2 – Backup PSA Jan 24 2024 Attachment 3 – RFP F-23-72 Backup Storage Replacement Ward: All Wards Synopsis of Previous Council Actions: March 2, 2022, The Mayor and City Council adopted Resolutions No. 2022-54 approving the City of San Bernardino’s Operating Budget for the fiscal year 2021/22 Report Packet Page. 238 1 8 2 7 March 2, 2022, The Mayor and City Council adopted Resolution No. 2022-44 approving the City of San Bernardino’s agreement with Spectrum to increase the Internet speed from 1GB to 10 GB. Packet Page. 239 Quotation Date:01/26/2422892 Mill Creek Drive Laguna Hills, CA 92653 Quotation #:SIDQ46094-01 Phone (949)748-8700; Fax (949)748-8706 www.sidepath.com Valid Until:02/26/24 Prepared By:Kristen Norem Project ID:SIDPROJECT43113 Ship To:Bill To: City of San Bernardino City of San Bernardino Glenn Cline Attn:Glenn ClineAttn: 201 North E Street 2nd Floor San Bernardino, CA 92418 201 North E Street 2nd Floor San Bernardino, CA 92418 Phone:(909) 384-5947 Phone:(909) 384-5947 Email:cline_gl@sbcity.org Email:cline_gl@sbcity.org Qty Item Code Description Unit Price Ext. Price PowerProtect DD6400- PD and City Hall 2 $2,929.31 $5,858.62210-BCFX Controller DD6400 NFS CIFS 2 $0.00 $0.00321-BHJM SYSTEM DD6400 PSNT 2 $0.00 $0.00800-BBQV Informational Purposes Only 2 $120.66 $241.32877-3653 Dell Hardware Limited Warranty 2 $432.65 $865.30877-3660 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 3 Years 2 $579.21 $1,158.42877-3662 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 2 Years Extended 2 $675.63 $1,351.26877-3665 ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years 2 $0.00 $0.00955-9041 Dell Hardware Limited Warranty Plus On Site Service Extended Year 2 $0.00 $0.00989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355 2 $0.00 $0.00619-ARIH DD OS 7.7X=IA 2 $170.46 $340.92492-BDET DD 10GSFP IO MODULE NDC INTEL 2 $0.00 $0.00400-BMSJ DD6400 1.92TB Internal Cache SSD 2 $335.94 $671.88750-ADOJ DD6400 Field Install Kit 2 $0.00 $0.00149-BBKF LICENSE BASE DD OE=IA 2 $1,914.06 $3,828.12868-5994 5 Years ProSupport Operating Env Sftwr Spt-Maint 2 $0.00 $0.00868-5960 5 Years ProSupport Capacity Bundle 1TB Raw Sftwr Spt-Contract 2 $0.00 $0.00868-5964 5 Years ProSupport DD Cloud Tier Sftwr Spt-Contract 2 $0.00 $0.00825-8623 Certified Deployment Partner T1 or Distributors 2 $0.00 $0.00379-BDPD ISG Product (info) 224 $0.00 $0.00800-BBQV Informational Purposes Only 8 $60.31 $482.48470-AFCN Cable 10GbE 3M AOC If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | krunal@sidepath.com This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 1 of 3Sidepath -PowerProtect DD6400s - PD and CH (line item) Packet Page. 240 Qty Item Code Description Unit Price Ext. Price 224 $250.15 $56,033.60149-BBKE DD6400 Capacity License Bundle 1TBu=CC 224 $136.13 $30,493.12868-6010 5 Years ProSupport Capacity Bundle 1TB Raw Sftwr Spt-Maint 688 $0.00 $0.00151-BBRH DD6400 Cloud Tier 1TB =CC 688 $0.00 $0.00868-5953 5 Years ProSupport DD Cloud Tier Sftwr Spt-Maint 4 $3,583.15 $14,332.60210-BCGF ES40 SHELF 12G 15X8TB SAS Field DD6400 4 $120.66 $482.64877-3727 Dell Hardware Limited Warranty 4 $432.65 $1,730.60877-3734 ProSupport Mission Critical 4-Hour 7X24 Onsite Service with Emergency Dispatch 3 Years 4 $579.21 $2,316.84877-3736 ProSupport Mission Critical 4-Hour 7X24 Onsite Service with Emergency Dispatch 2 Years Extended 4 $675.63 $2,702.52877-3739 ProSupport Mission Critical 7X24 Technical Support and Assistance 5 Years 4 $0.00 $0.00975-3461 Dell Limited Hardware Warranty Extended Year(s) 4 $0.00 $0.00989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355 4 $0.00 $0.00825-8623 Certified Deployment Partner T1 or Distributors 4 $0.00 $0.00379-BDPD ISG Product (info) 448 $0.00 $0.00800-BBQV Informational Purposes Only 8 $37.96 $303.68470-ADZE DD 3M SAS HD FLEX $123,193.92 SubTotal Professional Services and Installation 2 $10,000.00 $20,000.00SID-PS-DD-IMP-BAS Sidepath Professional Services: This service provides for the installation of a Data Domain appliance and up to four shelves into your backup environment. Services include racking new equipment, upgrade of the appliance operating system, and installation of purchased licenses and features. Services excluded, but available via alternative off erings, Cloud Tier and Cloud DR. $20,000.00 SubTotal Payment Terms from Ship Date:Net 30 Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. Product Total $143,193.92CA Shipments: CA Electronic W aste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Taxes $6,890.43 Shipping $0.00 Grand Total $150,084.35 Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request. Note: Sidepath will collect sales tax for orders shipped to these six states: AZ, CA, MA, NV, TX and W A. For orders shipped outside of these six states, it will be the customer's responsibility to report the tax as Sales & Use Tax. Please contact me if I can be of further assistance. THANK YOU FOR YOUR BUSINESS! If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | krunal@sidepath.com This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 2 of 3Sidepath -PowerProtect DD6400s - PD and CH (line item) Packet Page. 241 Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | krunal@sidepath.com This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 3 of 3Sidepath -PowerProtect DD6400s - PD and CH (line item) Packet Page. 242 - 1 - PROFESSIONAL SOFTWARE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SIDEPATH INC. 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of March 2024 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and SIDEPATH INC. a Corporation with its principal place of business at 22892 Mill Creek Drive, Laguna Hills, CA 92653 (“Vendor”). Vendor is registered with the State of California and permitted to conduct the types of sales and business services included in this Agreement. City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 City. City is a public agency of the State of California and is in need of professional software services for the following project: BACKUP STORAGE REPLACEMENT (hereinafter referred to as “the Project”) 2.2 Vendor. Vendor desires to perform and assume responsibility for the provision of certain professional services including, but not limited to, software programming and on-going maintenance services as required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing PROFESSIONAL SOFTWARE SERVICES projects to public agency clients, is licensed in the State of California, and is familiar with the computing environment of the City. 2.3 Grant of License. Vendor hereby represents and warrants to City that Vendor is the owner of the Application Software, as defined herein, or otherwise has the right to grant to City the rights to use of the Application Software, as set forth in this Agreement and the attached License Agreement. 2.4 Project. City desires to engage Vendor to render such services for the BACKUP STORAGE REPLACEMENT (“Project”) as set forth in this Agreement. 2.5 Hardware Specifications. The Parties acknowledge and agree that the City has or will be purchasing certain hardware necessary for the proper operation of the System, defined below, in reliance on the recommendations and specifications to be provided by Vendor. 3. DEFINITIONS Packet Page. 243 2 3.1 Acceptance. The term Acceptance as used in this Agreement shall refer to a thirty (30) day period following notification by the Vendor that the Application Software or any component or element thereof is ready for use. During this period, the City will test the System and if no Defects are reported, that component or element of the Application Software will be deemed Accepted. If Defects are reported, the Vendor will correct the Defect and a new Acceptance period will begin once the City has been notified by the Vendor. 3.2 Application Software. The term Application Software as used in this Agreement shall refer to the collection of software programs (i.e. executable code) provided to the City by Vendor that will perform the set of functions described in the Exhibit “B”. 3.3 Custom Software. The term Custom Software is computer programs developed under this Agreement that extends the functionality of the Application Software to include features specified or required as part of this Project and under this Agreement not originally part of the Vendor’s baseline or prior version of the Application Software. 3.4 Defect. The term Defect as used in this Agreement shall refer to any error or malfunction in the operation of the System under this Agreement that prevents the City or its agents or employees from using the Application Software to perform the features and functions proposed in Exhibit “B”. 3.5 Delivery. The term Delivery related to software shall mean the transfer and receipt (electronically) of the Application Software to the designated, City approved computing environment. Delivery of professional Services, as used in this Agreement, shall mean that the City’s designated agent under this Agreement has signed off on a given task or work order. 3.6 Final Acceptance. The term Final Acceptance as used in this Agreement shall be used to refer to the thirty (30) day period following the complete Acceptance and operation in productive use of all the components and elements of the System that is free of Defects. If Defects are reported by the City, the Vendor will correct the Defect(s) and notify the City after which a new Final Acceptance period will begin. 3.7 Installation. The term Installation as used in this Agreement shall refer to the loading of executable code necessary for the operation of the Application Software on one of the computing environments designated herein with the Platform Software. 3.8 License Agreement. The term License Agreement as used in this Agreement shall mean the license agreement(s) for the Application Software attached hereto as Exhibit “F”. 3.9 On-going Maintenance and Support Services. The term On-going Maintenance and Support Services used in this Agreement shall mean those Services required for on-going Application Software maintenance and support. Packet Page. 244 3 3.10 Platform Software. The term Platform Software shall mean all of the server and client operating systems, utilities, objects, database software, and any 3rd Party software necessary to operate the Application Software as required by this Agreement. 3.11 Project. The term Project as used in this Agreement shall refer to all of the materials, labor and Services required to deliver the System. 3.12 Project Deliverables. The term Products as used in this Agreement shall refer to, collectively, the Application Software, Custom Software, Platform Software, Updates, Source Code and any other products, including intellectual property, provided by Vendor under this Agreement, as more specifically set forth in Exhibit “B”. 3.13 Project Services. The term Project Services as used in this Agreement shall mean those Services to be provided by Vendor in order to complete the Project, through Final Acceptance. 3.14 Services. The term Services as used in this Agreement shall mean, collectively, the Project Services and the On-going Maintenance and Support Services. 3.15 Source Code. The term Source Code as used in this Agreement shall refer to all programming language code, objects, stored procedures, utilities, and compilers necessary to generate executable code for all of the Application Software and Custom Software provided under this Agreement, including all user, technical and system documentation necessary for a reasonable person to understand how to operate all elements of the System. 3.16 System. The term System shall be used in this Agreement to refer to the collection of software, firmware, operating system, database system, hardware and peripherals necessary to operate the Application Software to perform the functions specified in Exhibit “B”. 3.17 Update. The term Update shall be used in this Agreement to refer to any bug fix, patch, enhancement, error correction, revision, performance improvement, new version, added features to or replacement of the Application Software, or any component or element thereof, designed to perform the same functions as the Application Software on any Platform Software or computing environment. 4. TERMS. 4.1 Incorporation of Documents and Recitals; Order of Precedence. The attached exhibits and the recitals set forth above are incorporated into this Agreement by reference as though fully set forth herein. 4.2 Scope of Services and Term. 4.2.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, Packet Page. 245 4 materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply Hardware and Professional Software Services necessary for the Project. The Project is more particularly described in Exhibit “A” (Statement of Work) attached hereto and incorporated herein by reference including definitions required for interpreting the services described. The Project 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. 4.2.2 On-Going Maintenance and Support Services. Vendor further promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the On-going Maintenance Services as required hereunder. The On-going Maintenance and Support Services are more particularly described in Exhibit “G” (On-going Maintenance Services Statement of Work) attached hereto and incorporated herein by reference including, if applicable, definitions required for interpreting the services described. The On-going Maintenance and Support Services shall be subject to, and performed in accordance with, the applicable provisions of this Agreement and the attached exhibits, and all applicable local, state and federal laws, rules and regulations. 4.2.3 Term. 4.2.3.1 License Agreement. The term of the License Agreement shall continue in perpetuity, regardless of any termination of this Agreement or the provision by Vendor of On-going Maintenance and Support Services, as further set forth in the License Agreement. 4.2.3.2 On-going Maintenance and Support Services. The term of this Agreement as relates to the provision of On-going Maintenance and Support Services shall commence upon Final Acceptance and shall remain in effect for up to five (5) successive one (1) year periods, to be renewed annually in the City’s sole discretion. 4.2.3.3 Project Services. The term of this Agreement, as relates to the Project Services, shall commence on the Effective Date and shall terminate on the date of Final Acceptance. Notwithstanding the foregoing, the indemnification and warranty provisions of this Agreement shall remain in full force and effect as to such Services. 4.3 Responsibilities of Vendor. 4.3.1 Control and Payment of Subordinates; Independent Contractor. The Project Deliverables and Services shall be provided by Vendor or under its supervision. Vendor will determine the means, methods and details of performing Project subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor 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 Vendor shall also not be Packet Page. 246 5 employees of City and shall at all times be under Vendor’s exclusive direction and control. Vendor 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. Vendor 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. 4.3.2 Schedule of Services. Vendor shall perform the Project Services expeditiously, within the terms of this Agreement, and in accordance with the Project Plan, attached hereto as Exhibit “D” and incorporated herein by this reference. Vendor shall perform the On-Going Maintenance and Support Services in accordance with the schedule therefore included in Exhibit “G”. Vendor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Vendor’s conformance with the foregoing schedules, City shall respond to Vendor’s submittals in a timely manner. 4.3.3 Conformance to Applicable Requirements. All work prepared and Services performed by Vendor shall be subject to the approval of City. 4.3.4 Warranty. Vendor warrants that the Application Software shall perform as proposed and represented in Exhibit “B”. In addition, Vendor represents and warrants that, at Final Acceptance, the Application Software shall perform all of the functions specified in Exhibit “B”. 4.3.5 Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows: Michelle Shauer – Project Manager, Scott Riley Lead Systems Engineer, Nick De Calonne Senior Systems Engineer, and Jigar Meath, Systems Engineer. 4.3.6 Coordination of Services. Vendor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Vendors and other staff at all reasonable times. 4.3.7 Standard of Care; Performance of Employees. Vendor 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. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all Packet Page. 247 6 employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Vendor 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, Vendor 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 Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors 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 or from the provision of On-Going Maintenance and Support Services by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project. 4.3.8 Regulatory Compliance. Vendor 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 and the On-Going Maintenance and Support Services, including all federal and state requirements, and shall give all notices required by law. Any and all Application Software provided under this Agreement shall be compliance with all relevant federal and state laws and regulations including, but not limited to IRS, Social Security, Federal Trade Commission, Homeland Security, California Public Employees Retirement System (CalPERS), and California Franchise Tax Board. Vendor shall be liable for all violations of such laws and regulations in connection with delivery of Products and Services under this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. Vendor 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. 4.3.9 Additional Provisions Related to On-going Maintenance and Support Services. 4.3.9.1 Defect Remediation. Vendor shall correct any reported Defects in a timely manner. Defects that result in the City’s inability to conduct its normal business operations may incur financial penalties as further described below. 4.3.9.2 Penalties. If Vendor cannot resolve the problem of a reported Defect within 48 hours, the Vendor shall pay the City $500 per day (24 hours) until the Defect is remedied and the City is able to resume its normal business operations. 4.3.9.3 Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software Packet Page. 248 7 manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties. 4.4 Party Representatives. 4.4.1 City’s Representative. The City hereby designates Rolland Kornblau, Director of Technology, or his 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 Contract. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 4.4.2 Vendor’s Representative. Vendor hereby designates Michelle Shauer or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his 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. 4.5 Insurance. 4.5.1.1 Time for Compliance. Vendor shall not commence the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Vendor 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. 4.5.1.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subvendors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 4.5.1.3 Commercial General Liability (A) The Vendor shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Packet Page. 249 8 Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (B) 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. (C) Commercial General Liability Insurance must include coverage for the following: (a) Bodily Injury and Property Damage (b) Personal Injury/Advertising Injury (c) Premises/Operations Liability (d) Products/Completed Operations Liability (e) Aggregate Limits that Apply per Project (f) Explosion, Collapse and Underground (UCX) exclusion deleted (g) Contractual Liability with respect to this Contract\ (h) Broad Form Property Damage (i) Independent Vendors Coverage (D) 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. (E) 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. (F) 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. 4.5.1.4 Automobile Liability. Packet Page. 250 9 (A) At all times during the performance of the work under this Agreement, the Vendor 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. (B) 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). (C) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (D) 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. 4.5.1.5 Workers’ Compensation/Employer’s Liability. (A) Vendor 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. (B) To the extent Vendor has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Vendor 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. Vendor shall require all subvendors 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. 4.5.1.6 Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Vendor 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 Vendor. “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. Packet Page. 251 10 4.5.1.7 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. 4.5.1.8 Minimum Policy Limits Required. (A) 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 limit (B) Defense costs shall be payable in addition to the limits. (C) 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. 4.5.1.9 Evidence Required. Prior to execution of the Agreement, the Vendor 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. 4.5.1.10 Policy Provisions Required. Packet Page. 252 11 (A) Vendor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Vendor 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 Vendor 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. (B) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Vendor’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. (C) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Vendor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Vendor 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. (D) 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 Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subvendors. (E) 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 Vendor from liability in excess of such coverage, nor shall it limit the Vendor’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. 4.5.1.11 Qualifying Insurers. (A) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: 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. 4.5.1.12 Additional Insurance Provisions. Packet Page. 253 12 (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Vendor, 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 Vendor pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (B) 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 Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement. (C) The City may require the Vendor to provide complete copies of all insurance policies in effect for the duration of the Project. (D) 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. 4.5.1.13 Subvendor Insurance Requirements. Vendor shall not allow any subcontractors or subvendors 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 subvendors 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 Vendor, City may approve different scopes or minimum limits of insurance for particular subcontractors or subvendors. 4.5.2 Safety. Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor 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. 4.6 Responsibilities of City. 4.6.1 City Support of Vendor. City shall furnish to the Vendor priority access to the System for the period of time reasonably required by the Vendor for Installation, testing, training, diagnostics, etc. City shall provide the following resources for Vendor's use in fulfillment of this Agreement: Packet Page. 254 13 (a) City personnel upon reasonable request of Vendor to answer questions and advise Vendor on City's facilities, operations and requirements. (b) Input data in accordance with the agreed upon test and Acceptance procedures for use by the Vendor in Acceptance Testing. (c) Conversion format and procedures that the Vendor shall complete at its expense. (d) Upon completion of Installation and preliminary training, and following Final Acceptance, City shall be responsible for the operation and management of the System, exclusive of hardware maintenance and/or On-going Maintenance and Support Services, which shall be the responsibility of Vendor. 4.7 Fees and Payments. 4.7.1 Compensation for Project Services. The Parties agree that the payment schedule is a performance based payment schedule. Vendor shall receive compensation, including authorized reimbursements, for all Project Services and License Agreements rendered under this Agreement at the rates and in accordance with the compensation schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation for Project Services shall not exceed One hundred fifty thousand eighty-four dollars and thirty-five cents. ($150,084.35) without written approval of City’s Representative. 4.7.2 Compensation for On-going Maintenance and Support Services. Vendor shall receive compensation, including authorized reimbursements, for all On- going Maintenance and Support Services rendered under this Agreement at the rates set forth in Exhibit “C”. Notwithstanding any other provision of this Agreement, the Parties agree that payment for the first year of On-going Maintenance and Support Services shall be covered under the warranty for the System, included as part of the payment specified in Section 4.7.1 above, and no additional payment by the City shall be made for such services. 4.7.3 Process for Payment of Compensation; Itemized Statements. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor. The statement shall describe the nature and amount of Services provided; and shall clearly reflect charges against the items described in the “Compensation” set forth in Exhibit “C” since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Statements not in conformance with the foregoing, or statements containing questions or ambiguities, shall be returned to the Vendor for correction. City shall, within Packet Page. 255 14 forty-five (45) days of receiving a statement in conformance with the requirements contained herein, review the statement and process for payment all approved and undisputed charges thereon. 4.7.4 Partial Delivery. In the event that the Vendor fails to deliver all of the Application Software elements and Services included in the Project Deliverables, the City, at its sole option, may determine the value of the missing elements and withhold that amount from any payment due to Vendor. Alternatively, or in addition, as required to cover the value of the missing elements, Vendor shall submit to the City a cashier’s check for said amount and present it to the City, to be held as a “Project Bond” until the missing elements have been satisfactorily delivered and Accepted. Upon Acceptance of the missing elements, the City shall return the cashier’s check along with any withheld payment amounts, as applicable. If the Vendor fails to satisfactorily deliver the missing elements, the City may cash the cashier’s check and use the withheld monies to complete the outstanding deliverables with its own forces, or through any other available vendor or consultant. 4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless included in Exhibit “C”, Exhibit “D”, or authorized in writing and in advance by City. 4.7.6 Modification of Scope. The City may, at any time, request a modification to the Project, or the Statement of Work for the Project Services or the On- going Maintenance and Support Services by submitting written notice to Vendor specifying the desired modifications. Vendor shall provide a written quote for the increased, changed or decreased Services within five (5) working days of receipt of City’s written request. Vendor shall suspend any Services following receipt of the City’s written request until final written agreement is reached on the requested modification. The Parties shall then negotiate in good faith any increased or decreased charges related to the requested modification. No request for modification shall be effective until a final agreement between the Parties has been reached, and either a written amendment to this Agreement, or a change order is executed by both Parties. No oral request for modification of Services shall be binding on either Party. 4.7.7 Discounts. Vendor shall identify applicable discounts and discount time periods from published list prices for any future Application Software or additional copies of purchased Application Software. Should any discounts be announced that would normally apply to the City following the initial submission of the response, but before the Agreement is signed, the City reserves the right to take the lesser of the proposed prices or the discounted price. 4.8 Accounting Records. 4.8.1 Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make Packet Page. 256 15 transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor 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. 4.9 General Provisions. 4.9.1 Termination of Agreement. 4.9.1.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. Vendor may not terminate this Agreement except for cause. 4.9.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished Documents & Data, as defined herein, and other information of any kind prepared by Vendor in connection with the performance of Services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request. 4.9.1.3 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. 4.9.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: City City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Rolland Kornblah Vendor SIDEPATH INC. 22892 Mill Creek Drive Laguna Hills CA. 92653 Attn: Krunal Patel 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. 4.9.3 Ownership of Materials and Confidentiality. Packet Page. 257 16 4.9.3.1 Documents & Data; Licensing of Intellectual Property. Excluding materials and data already owned by the Vendor prior to this Agreement, this Agreement creates a non-exclusive, irrevocable, and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, software programming, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on digital media, including, without limitation, any Computer Aided Design and Drafting (“CADD”) data, which are prepared or caused to be prepared by Vendor under this Agreement (“Documents & Data”). Vendor shall require all subcontractors to agree in writing that City is granted a non-exclusive, irrevocable, and perpetual license for any Documents & Data, and Custom Software solutions the subcontractor prepares under this Agreement. Vendor represents and warrants that Vendor has the legal right to license any and all Documents & Data. Vendor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Vendor or provided to Vendor by the City. City shall not be limited in any way in its use of the Documents & Data or Custom Software at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Any CADD data delivered to City shall not include the professional stamp or signature of an engineer, architect, or any other licensed professional, but shall be followed with a hard copy with such stamp or signature. 4.9.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Vendor in connection with the performance of this Agreement shall be held confidential by Vendor. Such materials shall not, without the prior written consent of City, be used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is generally known, or has become known, to the related industry shall be deemed confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 4.9.3.3 Intellectual Property Indemnification. Vendor shall defend, indemnify, and hold harmless City, officials, officers, employees, volunteers and agents against any and all claims against City based upon allegations that Vendor has wrongfully utilized Intellectual Property of others in performing work pursuant to this Agreement or that City has wrongfully used Intellectual Property developed by Vendor pursuant to this Agreement. 4.9.4 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. Packet Page. 258 17 4.9.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 4.9.6 Indemnification. To the extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Vendor, its officials, officers, employees, agents, Vendors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses. Vendor shall defend, at Vendor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Vendor shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Vendor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers 4.9.7 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. If there are any conflicts in language in referenced or related agreements, the language in this Agreement shall prevail. Exhibits to this Agreement will include (if not provided for in the main Agreement) the following: Exhibit A – Statement of Work Exhibit B – Project Deliverables Exhibit C – Compensation Exhibit D – Project Plan Exhibit E – Escrow Agreement Exhibit F – Software License Agreement(s) Exhibit G – Scope of Ongoing Maintenance Packet Page. 259 18 4.9.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. 4.9.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 4.9.10 City’s Right to Employ Other Vendors. City reserves the right to employ other Vendors in connection with this Project. 4.9.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 4.9.12 Assignment or Transfer. Vendor 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. 4.9.13 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 Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected 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. 4.9.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4.9.15 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. 4.9.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 4.9.17 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. 4.9.18 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide agent of the Packet Page. 260 19 Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 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. 4.9.19 Equal Opportunity Employment. Vendor 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. 4.9.20 Authority to Enter Agreement. Vendor 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. 4.9.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 4.10 Subcontracting. 4.10.1 Prior Approval Required. Vendor 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. 4.11 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. Packet Page. 261 20 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SIDEPATH INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. LICENSOR 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 LICENSEE SIDEPATH INC. Signature Name Title Packet Page. 262 21 EXHIBIT A EXHIBIT “A” STATEMENT OF WORK Services provided shall include all requirements specified in the Project Bid. This service provides for the installation of a Data Domain appliance and up to four shelves into your backup environment. Services include racking new equipment, upgrade of the appliance operating system, and installation of purchased licenses and features. DellEMC | Data Domain Base Implementation This service provides for the installation of a Data Domain appliance and up to four shelves into your backup environment. Services include racking new equipment, upgrade of the appliance operating system, and installation of purchased licenses and features. Services excluded, but available via alternative offerings, Cloud Tier and Cloud DR. Project In-Scope Components This service provides for: Installation of a single Data Domain appliance Addition of up to four (4) storage expansion shelves Integration with up to Two (2) existing storage network switches Upgrade and configuration of Data Domain appliance Tasks Inventory equipment, unpack, and rack. Install interconnect cables, label, and tie-in with cable management system Configure networking and attach to the customer Management, ISCSI and/or Fibre Channel networks Complete Data Domain Configuration Verify component firmware is at target levels Perform Health Check Packet Page. 263 22 EXHIBIT A Configure purchased software licenses as needed Integrate filesystem with add on shelves Configure access of up to five CIFS or NFS shares Validate array registration Configure Cache Tier Connect appliance to EMC Remote support via ESRS Operational Test & Validation Test Controller failover w/ mounted volumes Configure/Test Phone Home and Email Alerts Documentation & Knowledge Transfer Conduct a brief knowledge transfer and review of installed components – up to four (4) hours Deliver As-Built guide Solution Assumptions Services will be performed at a single customer location Some pre-planning and preparation tasks may be conducted offsite Customer is expected to provide adequate access to facilities and resources as reasonably required for Sidepath to complete this project Formal Project Management services, such as maintaining a project plan, and managing external resources, are not included in this scope of work Customer is responsible for ensuring proper licenses have been secured for all software to be integrated by Sidepath Customer is responsible for ensuring a full system backup has completed prior to scheduled service delivery. Sidepath is not responsible for loss of data Fixed Fee Service Schedule and Duration Services are provided as a Fixed Fee and will be invoiced upon receipt of a customer Purchase Order for these service Packet Page. 264 23 EXHIBIT A Services will be scheduled according to a mutually agreeable start date upon receipt of a customer Purchase Order for these services Changes or additions to tasks, quantities, and other elements described in this Service Brief may require a custom Statement of Work Additional Services Offered by Sidepath Servers and Storage Disk Based Backup Telecommunications WAN Packet Page. 265 24 EXHIBIT B EXHIBIT “B” PROJECT DELIVERABLES A single Data Domain appliance Addition of up to four (4) storage expansion shelves Integration with up to Two (2) existing storage network switches Upgrade and configuration of Data Domain appliance Packet Page. 266 25 EXHIBIT C EXHIBIT “C” COMPENSATION Services are provided as a Fixed Fee and will be invoiced upon receipt of a customer Purchase Order for these service Services will be scheduled according to a mutually agreeable start date upon receipt of a customer Purchase Order for these services Changes or additions to tasks, quantities, and other elements. Total Compensation: $143,193.92 Packet Page. 267 26 EXHIBIT D EXHIBIT “D” PROJECT PLAN Intentionally left blank Packet Page. 268 27 EXHIBIT E EXHIBIT “E” ESCROW AGREEMENT Intentionally left blank Packet Page. 269 28 EXHIBIT F EXHIBIT “F” SOFTWARE LICENSE AGREEMENTS This will include all related software license agreements for the Application Software and Platform Software, if applicable. 1. License in Perpetuity. The license to use all the Application Software shall be irrevocable and in perpetuity and shall not require an annual license fee for continued use after the initial warranty period, and shall survive any termination of this Agreement or the provision of On-going Maintenance and Support Services. 2. Right to Grant License; Remedies for Breach. Vendor represents and warrants to City that Vendor is the owner of the Application Software, or otherwise has the right to grant to City the rights to use of the Application Software. In the event of any breach or threatened breach of the foregoing representation and warranty, City may, at its sole discretion, require Vendor to: i) procure, at Vendor's expense, the right to use the Application Software, ii) replace the Application Software or any part thereof that is in breach and replace it with software of comparable functionality, as determined by the City, that does not cause any breach, or iii) refund to City the full amount paid by the City for the Project upon the return of the Application Software and all copies thereof to Vendor. 3. Application Software Licensing Provisions 3.1 Disabling Code. The Vendor stipulates that there is no disabling code contained in the Application Software that would render the System unusable if certain events or actions do not occur. 3.2 Backup/Disaster Recovery. The City shall have the rights to install the Application Software on a backup/disaster recovery computer environment for the purposes of dynamic or static replication at a hotsite or backup data center. In the event the primary data center at which the Application Software is hosted is inoperable or otherwise unavailable, the City may use the backup version without additional licensing or other charges until the primary site is available again. 3.3 Development and Test Environments. The City shall be entitled to install and configure the Application Software on additional computing environments (servers, hosts, clients) for the purpose of development and/or testing. 4. Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which Packet Page. 270 29 EXHIBIT F shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties. Packet Page. 271 30 EXHIBIT G EXHIBIT “G” SCOPE OF ONGOING-MAINTENANCE Intentionally left blank Packet Page. 272 REQUEST FOR PROPOSALS FOR CITY OF SAN BERNARDINO FOR RFP-F-23-72 BACKUP STORAGE REPLACEMENT CITY OF SAN BERNARDINO 290 North D Street San Bernardino, California 92401 Telephone: (909) 384-7272 https://www.ci.san-bernardino.ca.us/ Packet Page. 273 1 CITY OF SAN BERNARDINO NOTICE INVITING PROPOSALS, RFP NO. RFP F-23-72 BACKUP STORAGE REPLACEMENT PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“Planetbids”) until 3:00 p.m., on October 18, 2023. Proposals may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Proposals received through any means other than Planetbids will be returned to the Vendor unopened. The City is requesting proposals to provide: BACKUP STORAGE REPLACEMENT 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. 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 INFORMATION TECHNOLOGY 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. Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, https://www.ci.san-bernardino.ca.us/. All addenda will be published on the City’s website. For more information regarding the RFP, please contact: City of San Bernardino, Purchasing Division www.purchasing@sbcity.org Packet Page. 274 2 CITY OF SAN BERNARDINO REQUEST FOR PROPOSALS BACKUP STORAGE REPLACEMENT I. BACKGROUND AND INTRODUCTION The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for BACKUP STORAGE REPLACEMENT services (“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 PROFESSIONAL SOFTWARE SERVICE (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” 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 INFORMATION TECHNOLOGY 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. Packet Page. 275 3 B. City Contact for this RFP The principal contact for the City regarding this RFP will be Michelle Parra, Buyer for the Purchasing Division, 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 e-mail 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 Wednesday, September 27, 2023, by 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 Each Proposer is requested to attend a mandatory pre-proposal meeting to be held on Wednesday, September 20, 2023, from 9:30 a.m. to10:30 a.m. via Microsoft Teams. Failure to attend this meeting WILL preclude a Proposer from submitting a proposal. Attendance at the pre-proposal meeting will ensure the Proposer understands the full scope of the Services requested. 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.” Packet Page. 276 4 d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number 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: 3 pages) a. Experience Packet Page. 277 5 (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. (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. Packet Page. 278 6 (b) Withdrawal of a proposal as a result of an error. (c) Termination or failure to complete a contract. (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: 4 pages) Please provide a unit cost fee proposal for the scope of Services. (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 Packet Page. 279 7 insurance requirements. Proposers shall provide a copy of their Certificate of Insurance showing that their insurance meets the requirements of the City. 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 not 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 the 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 document. 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. Packet Page. 280 8 f. Team members’ experience and performance. g. Fee proposal. h. Comments by references. 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 Packet Page. 281 9 and exclusive remedy in the event of protest. Failure to comply with these procedures shall 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 September 14, 2023 Pre-Proposal Meeting Location: Mandatory meeting via Microsoft Teams, Wednesday, September 20, 2023, from 9:30 a.m. to 10:30 a.m. Please confirm on or before Tuesday, September 19, 2023, by 9:00 a.m. to the purchasing@sbcity.org email. The Microsoft Teams link will be sent to you by end of day Tuesday, September 19, 2023. September 20, 2023 Last Day to Submit Questions for Clarification received by the City on or before Wednesday, September 27, 2023, by 3:00pm September 27, 2023 Clarifications Issued by City on or before Wednesday, October 4, 2023, by 3:00pm October 4, 2023 Deadline for Receipt of Proposals submitted on or before Wednesday, October 18, 2023, by 3:00pm October 18, 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 Packet Page. 282 10 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 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 local time, on or before Wednesday, October 18, 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 connections, or incomplete transmissions. Packet Page. 283 11 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 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: September 14, 2023 Packet Page. 284 Exhibit A EXHIBIT A SCOPE OF SERVICES Introduction: The City of San Bernardino is seeking proposals from qualified vendors to replace the two existing Data domain 3300's currently used for backups. The City currently houses one Data domain 3300 at City Hall and another at the Police Department. The replacements ideally should have at least double the existing storage capacity and should be able to replicate to each other. These devices should include features such as immutability and built-in ransomware protection, if possible. The City of San Bernardino is interested in receiving proposals from vendors who can use tools such as rvtools or live optics to analyze our current as well as future backup storage needs. Objectives: The objectives of this project are as follows: • To purchase new storage devices replacing the existing data domain 3300's used for backups. • Must be compatible with Commvault backup software. • Sized have at least double the existing storage capacity. • Ability to replicate data between the two storage units. • Include features such as immutability and built-in ransomware protection, if possible; encryption; deduplication. • 10 Gb fiber Ethernet capable • Data retention of at least 6 months • Expandable Scope of Work: Vendors are required to submit their proposals, which should include the following: a) Detailed description of the proposed storage units b) Capacity of the proposed storage units c) Features of the proposed storage units d) Does the storage device integrate with the cloud? e) Explain the devices lifecycle management. f) Cost of the proposed storage units, including any ongoing maintenance or support fees g) Implementation plan, including timelines and any additional resources required. 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: Packet Page. 285 - 2 - EXHIBIT B CITY OF SAN BERNARDINO [***INSERT AGREEMENT NAME***] PROFESSIONAL SOFTWARE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [***INSERT NAME***] 1. PARTIES AND DATE. This Agreement is made and entered into this ____ day of ___________, 2021 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Vendor”). Vendor is registered with the State of California and permitted to conduct the types of sales and business services included in this Agreement. City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 City. City is a public agency of the State of California and is in need of professional software services for the following project: [***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”) 2.2 Vendor. Vendor desires to perform and assume responsibility for the provision of certain professional services including, but not limited to, software programming and on-going maintenance services as required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] projects to public agency clients, is licensed in the State of California, and is familiar with the computing environment of the City. 2.3 Grant of License. Vendor hereby represents and warrants to City that Vendor is the owner of the Application Software, as defined herein, or otherwise has the right to grant to City the rights to use of the Application Software, as set forth in this Agreement and the attached License Agreement. 2.4 Project. City desires to engage Vendor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement. 2.5 Hardware Specifications. The Parties acknowledge and agree that the City has or will be purchasing certain hardware necessary for the proper operation of the Packet Page. 286 3 System, defined below, in reliance on the recommendations and specifications to be provided by Vendor. 3. DEFINITIONS 3.1 Acceptance. The term Acceptance as used in this Agreement shall refer to a thirty (30) day period following notification by the Vendor that the Application Software or any component or element thereof is ready for use. During this period, the City will test the System and if no Defects are reported, that component or element of the Application Software will be deemed Accepted. If Defects are reported, the Vendor will correct the Defect and a new Acceptance period will begin once the City has been notified by the Vendor. 3.2 Application Software. The term Application Software as used in this Agreement shall refer to the collection of software programs (i.e. executable code) provided to the City by Vendor that will perform the set of functions described in the Exhibit “B”. 3.3 Custom Software. The term Custom Software is computer programs developed under this Agreement that extends the functionality of the Application Software to include features specified or required as part of this Project and under this Agreement not originally part of the Vendor’s baseline or prior version of the Application Software. 3.4 Defect. The term Defect as used in this Agreement shall refer to any error or malfunction in the operation of the System under this Agreement that prevents the City or its agents or employees from using the Application Software to perform the features and functions proposed in Exhibit “B”. 3.5 Delivery. The term Delivery related to software shall mean the transfer and receipt (electronically) of the Application Software to the designated, City approved computing environment. Delivery of professional Services, as used in this Agreement, shall mean that the City’s designated agent under this Agreement has signed off on a given task or work order. 3.6 Final Acceptance. The term Final Acceptance as used in this Agreement shall be used to refer to the thirty (30) day period following the complete Acceptance and operation in productive use of all the components and elements of the System that is free of Defects. If Defects are reported by the City, the Vendor will correct the Defect(s) and notify the City after which a new Final Acceptance period will begin. 3.7 Installation. The term Installation as used in this Agreement shall refer to the loading of executable code necessary for the operation of the Application Software on one of the computing environments designated herein with the Platform Software. 3.8 License Agreement. The term License Agreement as used in this Agreement shall mean the license agreement(s) for the Application Software attached hereto as Exhibit “F”. Packet Page. 287 4 3.9 On-going Maintenance and Support Services. The term On-going Maintenance and Support Services as used in this Agreement shall mean those Services required for on-going Application Software maintenance and support. 3.10 Platform Software. The term Platform Software shall mean all of the server and client operating systems, utilities, objects, database software, and any 3rd Party software necessary to operate the Application Software as required by this Agreement. 3.11 Project. The term Project as used in this Agreement shall refer to all of the materials, labor and Services required to deliver the System. 3.12 Project Deliverables. The term Products as used in this Agreement shall refer to, collectively, the Application Software, Custom Software, Platform Software, Updates, Source Code and any other products, including intellectual property, provided by Vendor under this Agreement, as more specifically set forth in Exhibit “B”. 3.13 Project Services. The term Project Services as used in this Agreement shall mean those Services to be provided by Vendor in order to complete the Project, through Final Acceptance. 3.14 Services. The term Services as used in this Agreement shall mean, collectively, the Project Services and the On-going Maintenance and Support Services. 3.15 Source Code. The term Source Code as used in this Agreement shall refer to all programming language code, objects, stored procedures, utilities, and compilers necessary to generate executable code for all of the Application Software and Custom Software provided under this Agreement, including all user, technical and system documentation necessary for a reasonable person to understand how to operate all elements of the System. 3.16 System. The term System shall be used in this Agreement to refer to the collection of software, firmware, operating system, database system, hardware and peripherals necessary to operate the Application Software to perform the functions specified in Exhibit “B”. 3.17 Update. The term Update shall be used in this Agreement to refer to any bug fix, patch, enhancement, error correction, revision, performance improvement, new version, added features to or replacement of the Application Software, or any component or element thereof, designed to perform the same functions as the Application Software on any Platform Software or computing environment. 4. TERMS. 4.1 Incorporation of Documents and Recitals; Order of Precedence. The attached exhibits and the recitals set forth above are incorporated into this Agreement by reference as though fully set forth herein. Packet Page. 288 5 4.2 Scope of Services and Term. 4.2.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply [***INSERT TYPE OF PRODUCTS AND SERVICES***] necessary for the Project. The Project is more particularly described in Exhibit “A” (Statement of Work) attached hereto and incorporated herein by reference including definitions required for interpreting the services described. The Project 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. 4.2.2 On-Going Maintenance and Support Services. Vendor further promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the On-going Maintenance Services as required hereunder. The On-going Maintenance and Support Services are more particularly described in Exhibit “G” (On-going Maintenance Services Statement of Work) attached hereto and incorporated herein by reference including, if applicable, definitions required for interpreting the services described. The On-going Maintenance and Support Services shall be subject to, and performed in accordance with, the applicable provisions of this Agreement and the attached exhibits, and all applicable local, state and federal laws, rules and regulations. 4.2.3 Term. 4.2.3.1 License Agreement. The term of the License Agreement shall continue in perpetuity, regardless of any termination of this Agreement or the provision by Vendor of On-going Maintenance and Support Services, as further set forth in the License Agreement. 4.2.3.2 On-going Maintenance and Support Services. The term of this Agreement as relates to the provision of On-going Maintenance and Support Services shall commence upon Final Acceptance and shall remain in effect for up to [***INSERT NUMBER***] (#) successive one (1) year periods, to be renewed annually in the City’s sole discretion. 4.2.3.3 Project Services. The term of this Agreement, as relates to the Project Services, shall commence on the Effective Date and shall terminate on the date of Final Acceptance. Notwithstanding the foregoing, the indemnification and warranty provisions of this Agreement shall remain in full force and effect as to such Services. 4.3 Responsibilities of Vendor. Packet Page. 289 6 4.3.1 Control and Payment of Subordinates; Independent Contractor. The Project Deliverables and Services shall be provided by Vendor or under its supervision. Vendor will determine the means, methods and details of performing Project subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor 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 Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Vendor 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. Vendor 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. 4.3.2 Schedule of Services. Vendor shall perform the Project Services expeditiously, within the term of this Agreement, and in accordance with the Project Plan, attached hereto as Exhibit “D” and incorporated herein by this reference. Vendor shall perform the On-Going Maintenance and Support Services in accordance with the schedule therefore included in Exhibit “G”. Vendor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Vendor’s conformance with the foregoing schedules, City shall respond to Vendor’s submittals in a timely manner. 4.3.3 Conformance to Applicable Requirements. All work prepared and Services performed by Vendor shall be subject to the approval of City. 4.3.4 Warranty. Vendor warrants that the Application Software shall perform as proposed and represented in Exhibit “B”. In addition, Vendor represents and warrants that, at Final Acceptance, the Application Software shall perform all of the functions specified in Exhibit “B”. 4.3.5 Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows: [**INSERT NAMES***]. 4.3.6 Coordination of Services. Vendor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Vendors and other staff at all reasonable times. Packet Page. 290 7 4.3.7 Standard of Care; Performance of Employees. Vendor 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. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Vendor 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, Vendor 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 Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors 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 or from the provision of On-Going Maintenance and Support Services by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project. 4.3.8 Regulatory Compliance. Vendor 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 and the On-Going Maintenance and Support Services, including all federal and state requirements, and shall give all notices required by law. Any and all Application Software provided under this Agreement shall be compliance with all relevant federal and state laws and regulations including, but not limited to IRS, Social Security, Federal Trade Commission, Homeland Security, California Public Employees Retirement System (CalPERS), and California Franchise Tax Board. Vendor shall be liable for all violations of such laws and regulations in connection with delivery of Products and Services under this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. Vendor 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. 4.3.9 Additional Provisions Related to On-going Maintenance and Support Services. 4.3.9.1 Defect Remediation. Vendor shall correct any reported Defects in a timely manner. Defects that result in the City’s inability to conduct its normal business operations may incur financial penalties as further described below. Packet Page. 291 8 4.3.9.2 Penalties. If Vendor cannot resolve the problem of a reported Defect within 48 hours, the Vendor shall pay the City $500 per day (24 hours) until the Defect is remedied and the City is able to resume its normal business operations. 4.3.9.3 Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties. 4.4 Party Representatives. 4.4.1 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 Contract. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 4.4.2 Vendor’s Representative. Vendor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his 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. 4.5 Insurance. [***INSURANCE COVERAGE TO BE REVIEWED BY RISK MANAGEMENT***] 4.5.1.1 Time for Compliance. Vendor shall not commence the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Vendor 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. 4.5.1.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subvendors’ policies of commercial general liability and Packet Page. 292 9 automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 4.5.1.3 Commercial General Liability (A) The Vendor 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. (B) 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. (C) Commercial General Liability Insurance must include coverage for the following: (a) Bodily Injury and Property Damage (b) Personal Injury/Advertising Injury (c) Premises/Operations Liability (d) Products/Completed Operations Liability (e) Aggregate Limits that Apply per Project (f) Explosion, Collapse and Underground (UCX) exclusion deleted (g) Contractual Liability with respect to this Contract\ (h) Broad Form Property Damage (i) Independent Vendors Coverage (D) 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. (E) 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. Packet Page. 293 10 (F) 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. 4.5.1.4 Automobile Liability. (A) At all times during the performance of the work under this Agreement, the Vendor 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. (B) 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). (C) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (D) 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. 4.5.1.5 Workers’ Compensation/Employer’s Liability. (A) Vendor 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. (B) To the extent Vendor has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Vendor 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. Vendor shall require all subvendors 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. 4.5.1.6 Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Vendor 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 Packet Page. 294 11 Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Vendor. “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. 4.5.1.7 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. 4.5.1.8 Minimum Policy Limits Required. (A) 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 limit (B) Defense costs shall be payable in addition to the limits. (C) 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. 4.5.1.9 Evidence Required. Prior to execution of the Agreement, the Vendor 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 Packet Page. 295 12 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. 4.5.1.10 Policy Provisions Required. (A) Vendor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Vendor 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 Vendor 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. (B) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Vendor’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. (C) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Vendor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Vendor 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. (D) 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 Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subvendors. (E) 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 Vendor from liability in excess of such coverage, nor shall it limit the Vendor’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. 4.5.1.11 Qualifying Insurers. (A) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum Packet Page. 296 13 requirements: 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. 4.5.1.12 Additional Insurance Provisions. (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Vendor, 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 Vendor pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (B) 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 Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement. (C) The City may require the Vendor to provide complete copies of all insurance policies in effect for the duration of the Project. (D) 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. 4.5.1.13 Subvendor Insurance Requirements. Vendor shall not allow any subcontractors or subvendors 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 subvendors 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 Vendor, City may approve different scopes or minimum limits of insurance for particular subcontractors or subvendors. 4.5.2 Safety. Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor 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. 4.6 Responsibilities of City. Packet Page. 297 14 4.6.1 City Support of Vendor. City shall furnish to the Vendor priority access to the System for the period of time reasonably required by the Vendor for Installation, testing, training, diagnostics, etc. City shall provide the following resources for Vendor's use in fulfillment of this Agreement: (a) City personnel upon reasonable request of Vendor to answer questions and advise Vendor on City's facilities, operations and requirements. (b) Input data in accordance with the agreed upon test and Acceptance procedures for use by the Vendor in Acceptance Testing. (c) Conversion format and procedures that the Vendor shall complete at its expense. (d) Upon completion of Installation and preliminary training, and following Final Acceptance, City shall be responsible for the operation and management of the System, exclusive of hardware maintenance and/or On-going Maintenance and Support Services, which shall be the responsibility of Vendor. 4.7 Fees and Payments. 4.7.1 Compensation for Project Services. The Parties agree that the payment schedule is a performance based payment schedule. Vendor shall receive compensation, including authorized reimbursements, for all Project Services and License Agreements rendered under this Agreement at the rates and in accordance with the compensation schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation for Project Services shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s Representative. 4.7.2 Compensation for On-going Maintenance and Support Services. Vendor shall receive compensation, including authorized reimbursements, for all On- going Maintenance and Support Services rendered under this Agreement at the rates set forth in Exhibit “C”. Notwithstanding any other provision of this Agreement, the Parties agree that payment for the first year of On-going Maintenance and Support Services shall be covered under the warranty for the System, included as part of the payment specified in Section 4.7.1 above, and no additional payment by the City shall be made for such services. 4.7.3 Process for Payment of Compensation; Itemized Statements. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor. The statement shall describe the nature and amount of Services provided; and shall clearly reflect charges against the items described in the “Compensation” set forth in Exhibit “C” since the initial commencement date, or Packet Page. 298 15 since the start of the subsequent billing periods, as appropriate, through the date of the statement. Statements not in conformance with the foregoing, or statements containing questions or ambiguities, shall be returned to the Vendor for correction. City shall, within forty-five (45) days of receiving a statement in conformance with the requirements contained herein, review the statement and process for payment all approved and undisputed charges thereon. 4.7.4 Partial Delivery. In the event that the Vendor fails to deliver all of the Application Software elements and Services included in the Project Deliverables, the City, at its sole option, may determine the value of the missing elements and withhold that amount from any payment due to Vendor. Alternatively, or in addition, as required to cover the value of the missing elements, Vendor shall submit to the City a cashier’s check for said amount and present it to the City, to be held as a “Project Bond” until the missing elements have been satisfactorily delivered and Accepted. Upon Acceptance of the missing elements, the City shall return the cashier’s check along with any withheld payment amounts, as applicable. If the Vendor fails to satisfactorily deliver the missing elements, the City may cash the cashier’s check and use the withheld monies to complete the outstanding deliverables with its own forces, or through any other available vendor or consultant. 4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless included in Exhibit “C”, Exhibit “D”, or authorized in writing and in advance by City. 4.7.6 Modification of Scope. The City may, at any time, request a modification to the Project, or the Statement of Work for the Project Services or the On- going Maintenance and Support Services by submitting written notice to Vendor specifying the desired modifications. Vendor shall provide a written quote for the increased, changed or decreased Services within five (5) working days of receipt of City’s written request. Vendor shall suspend any Services following receipt of the City’s written request until final written agreement is reached on the requested modification. The Parties shall then negotiate in good faith any increased or decreased charges related to the requested modification. No request for modification shall be effective until a final agreement between the Parties has been reached, and either a written amendment to this Agreement, or a change order is executed by both Parties. No oral request for modification of Services shall be binding on either Party. 4.7.7 Discounts. Vendor shall identify applicable discounts and discount time periods from published list prices for any future Application Software or additional copies of purchased Application Software. [***TO BE ALTERED BASED ON PROCUREMENT PROCESS***] Should any discounts be announced that would normally apply to the City following the initial submission of the response, but before the Agreement is signed, the City reserves the right to take the lesser of the proposed prices or the discounted price. 4.8 Accounting Records. Packet Page. 299 16 4.8.1 Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor 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. Vendor 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. 4.9 General Provisions. 4.9.1 Termination of Agreement. 4.9.1.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. Vendor may not terminate this Agreement except for cause. 4.9.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished Documents & Data, as defined herein, and other information of any kind prepared by Vendor in connection with the performance of Services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request. 4.9.1.3 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. 4.9.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: City City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: [***INSERT DEPARTMENT HEAD TITLE OR “City Manager”***] Vendor [***INSERT NAME***] [***INSERT ADDRESS***] [***INSERT ADDRESS***] Attn: [***INSERT NAME***] 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 Packet Page. 300 17 occurred, regardless of the method of service. 4.9.3 Ownership of Materials and Confidentiality. 4.9.3.1 Documents & Data; Licensing of Intellectual Property. Excluding materials and data already owned by the Vendor prior to this Agreement, this Agreement creates a non-exclusive, irrevocable, and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, software programming, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on digital media, including, without limitation, any Computer Aided Design and Drafting (“CADD”) data, which are prepared or caused to be prepared by Vendor under this Agreement (“Documents & Data”). Vendor shall require all subcontractors to agree in writing that City is granted a non-exclusive, irrevocable, and perpetual license for any Documents & Data, and Custom Software solutions the subcontractor prepares under this Agreement. Vendor represents and warrants that Vendor has the legal right to license any and all Documents & Data. Vendor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Vendor or provided to Vendor by the City. City shall not be limited in any way in its use of the Documents & Data or Custom Software at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Any CADD data delivered to City shall not include the professional stamp or signature of an engineer, architect, or any other licensed professional, but shall be followed with a hard copy with such stamp or signature. 4.9.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Vendor in connection with the performance of this Agreement shall be held confidential by Vendor. Such materials shall not, without the prior written consent of City, be used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is generally known, or has become known, to the related industry shall be deemed confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 4.9.3.3 Intellectual Property Indemnification. Vendor shall defend, indemnify, and hold harmless City, officials, officers, employees, volunteers and agents against any and all claims against City based upon allegations that Vendor has wrongfully utilized Intellectual Property of others in performing work pursuant to this Agreement or that City has wrongfully used Intellectual Property developed by Vendor pursuant to this Agreement. Packet Page. 301 18 4.9.4 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. 4.9.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 4.9.6 Indemnification. To the extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Vendor, its officials, officers, employees, agents, Vendors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses. Vendor shall defend, at Vendor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Vendor shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Vendor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers 4.9.7 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. If there are any conflicts in language in referenced or related agreements, the language in this Agreement shall prevail. Exhibits to this Agreement will include (if not provided for in the main Agreement) the following: Exhibit A – Statement of Work Exhibit B – Project Deliverables Exhibit C – Compensation Exhibit D – Project Plan Exhibit E – Escrow Agreement Exhibit F – Software License Agreement(s) Packet Page. 302 19 Exhibit G – Scope of Ongoing Maintenance 4.9.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. 4.9.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 4.9.10 City’s Right to Employ Other Vendors. City reserves the right to employ other Vendors in connection with this Project. 4.9.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 4.9.12 Assignment or Transfer. Vendor 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. 4.9.13 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 workdays. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected 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. 4.9.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4.9.15 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. 4.9.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 4.9.17 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. Packet Page. 303 20 4.9.18 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide agent of the Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 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. 4.9.19 Equal Opportunity Employment. Vendor 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. 4.9.20 Authority to Enter Agreement. Vendor 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. 4.9.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 4.10 Subcontracting. 4.10.1 Prior Approval Required. Vendor 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. 4.11 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. Packet Page. 304 21 SIGNATURE PAGE FOR PROFESSIONAL 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. LICENSOR CITY OF SAN BERNARDINO APPROVED BY: [***INSERT NAME***] City Manager ATTESTED BY: [***INSERT NAME***] City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney LICENSEE [***INSERT NAME***] Signature Name Title Packet Page. 305 22 EXHIBIT A EXHIBIT “A” STATEMENT OF WORK Services provided shall include all requirements specified in the Project Bid. [***INSERT SERVICES***] Packet Page. 306 23 EXHIBIT B EXHIBIT “B” PROJECT DELIVERABLES This will be the list(s) of specific software features and functions requested. [***INSERT PROJECT DELIVERABLES***] Packet Page. 307 24 EXHIBIT C EXHIBIT “C” COMPENSATION [***INSERT RATES OF COMPENSATION***] Packet Page. 308 25 EXHIBIT D EXHIBIT “D” PROJECT PLAN [***INSERT SCHEDULE OF SERVICES***] Packet Page. 309 26 EXHIBIT E EXHIBIT “E” ESCROW AGREEMENT If applicable, this will include any Escrow Agreement for the management of source code associated with this Agreement. [***DELETE EXHIBIT IF ESCROW NOT USED***] Packet Page. 310 27 EXHIBIT F EXHIBIT “F” SOFTWARE LICENSE AGREEMENTS This will include all related software license agreements for the Application Software and Platform Software, if applicable. 1. License in Perpetuity. The license to use all the Application Software shall be irrevocable and in perpetuity and shall not require an annual license fee for continued use after the initial warranty period, and shall survive any termination of this Agreement or the provision of On-going Maintenance and Support Services. 2. Right to Grant License; Remedies for Breach. Vendor represents and warrants to City that Vendor is the owner of the Application Software, or otherwise has the right to grant to City the rights to use of the Application Software. In the event of any breach or threatened breach of the foregoing representation and warranty, City may, at its sole discretion, require Vendor to: i) procure, at Vendor's expense, the right to use the Application Software, ii) replace the Application Software or any part thereof that is in breach and replace it with software of comparable functionality, as determined by the City, that does not cause any breach, or iii) refund to City the full amount paid by the City for the Project upon the return of the Application Software and all copies thereof to Vendor. 3. Application Software Licensing Provisions 3.1 Source Code Escrow. Source code licensed for use under this License Agreement shall be protected and maintained in a source code escrow account that is kept current with all software releases, technical and user documentation so that in the event the Vendor is unable to perform according to the terms of this License Agreement by reason of bankruptcy, acquisition, or termination of the line of business operations for any other reason, the City shall be entitled to all of the then current source code, technical and user documentation so that it may continue operational use of the Application Software without Vendor restrictions. [***DELETE IF ESCROW WILL NOT BE USED***] 3.2 Disabling Code. The Vendor stipulates that there is no disabling code contained in the Application Software that would render the System unusable if certain events or actions do not occur. 3.3 Backup/Disaster Recovery. The City shall have the rights to install the Application Software on a backup/disaster recovery computer environment for the purposes of dynamic or static replication at a hotsite or backup data center. In the event the primary data center at which the Application Software is hosted is inoperable or otherwise unavailable, the City may use the backup version without additional licensing or other charges until the primary site is available again. 3.4 Development and Test Environments. The City shall be entitled to install and configure the Application Software on additional computing environments (servers, hosts, clients) for the purpose of development and/or testing. Packet Page. 311 28 EXHIBIT F 4. Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties. Packet Page. 312 Exhibit B EXHIBIT “G” SCOPE OF ONGOING-MAINTENANCE [***INSERT SCOPE OF ON-GOING MAINTENANCE SERVICES***] Packet Page. 313 Exhibit C [***OPTIONAL: IF FEDERAL FUNDS ARE INVOLVED, ATTACH FEDERAL FUNDING REQUIREMENTS - DELETE THIS EXHIBIT OTHERWISE***] EXHIBIT C FEDERAL REQUIREMENTS [***INSERT APPLICABLE FEDERAL REQUIREMENTS – REQUIREMENTS WILL CHANGE BASED ON FUNDING SOURCE***] Packet Page. 314 1 8 2 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Rolland Kornblau, Director of Technology Department:Information Technology Subject:Request for Purchase Authorization for Data Center Replacement (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Professional Software Purchase Agreement with Sidepath Inc. for purchasing data center hardware and service, as approved for funding through the FY 2023/24 Operating Budget; 2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $466,000.00 to Sidepath, Inc. for hardware and support including a purchase order in the amount not to exceed $49,000.00 to Dell for Microsoft licensing. Executive Summary A purchase order in the amount not to exceed $466,000.00 to Sidepath, Inc. for hardware and support including a purchase order in the amount not to exceed $49,000.00 to Dell for Microsoft licensing. The equipment is necessary as it will replace end-of-life hardware. This project began with the replacement of Firewalls and Core Switches as approved in Resolution No. 2022-54. This project will replace the Data Center hardware and support. Background The Information Technology Department went out to RFP F-23-69 on Planet Bids closed on October 11, 2023, for a Data Center Replacement. The current hardware is Packet Page. 315 1 8 2 7 end-of-life with replacement needed at the City Hall and Public Safety offices. Discussion Information Technology is proposing to replace its Data Center with newer hardware, software, and support. Out of 4 submissions on Planet Bids, Sidepath returned the best price and features. 2021-2025 Strategic Targets and Goals This project is aligned with Key Target No. 1: Improved Operational & Financial Capacity. Approval of this purchase will reduce the risk of potential outages of the network and improve the speed Fiscal Impact The General Fund impact is $466,000.00 to Sidepath, Inc. for hardware and support including a purchase order in the amount not to exceed $49,000.00 to Dell for Microsoft licensing is appropriated in the FY2023/24 budget. There is sufficient funding in the FY 2023/24 Operating Budget for this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Professional Software Purchase Agreement with Sidepath Inc. for purchasing data center hardware and service, as approved for funding through the FY 2023/24 Operating Budget: 2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $466,000.00 to Sidepath, Inc. for hardware and support including a purchase order in the amount not to exceed $49,000. Attachments Attachment 1 – Data Center 3Yr Quote Attachment 2 – Windows License Quote Attachment 3 – Data Center PSA JAN24 2024A Attachment 4 – RFP F-23-069 Data Center Replacement Ward: All Wards Synopsis of Previous Council Actions: n/a Packet Page. 316 Quotation Date:01/26/2422892 Mill Creek Drive Laguna Hills, CA 92653 Quotation #:SIDQ46089-01 Phone (949)748-8700; Fax (949)748-8706 www.sidepath.com Valid Until:02/26/24 Prepared By:Kristen Norem Project ID:SIDPROJECT43108 Ship To:Bill To: City of San Bernardino City of San Bernardino Glenn Cline Attn:Glenn ClineAttn: 201 North E Street 2nd Floor San Bernardino, CA 92418 201 North E Street 2nd Floor San Bernardino, CA 92418 Phone:(909) 384-5947 Phone:(909) 384-5947 Email:cline_gl@sbcity.org Email:cline_gl@sbcity.org Qty Item Code Description Unit Price Ext. Price No Replication - PD Servers 4 $1,057.40 $4,229.60210-BEQQ PowerEdge R660 Server 4 $19.22 $76.88461-AAIG Trusted Platform Module 2.0 V3 4 $112.59 $450.36321-BKFF 2.5" Chassis with up to 10 Hard Drives (SAS/SATA), PERC11, 1CPU 4 $1,039.51 $4,158.04338-CHSJ Intel Xeon Gold 6442Y 2.6G, 24C/48T, 16GT/s, 60M Cache, Turbo, HT (225W) DDR5-4800 4 $0.00 $0.00374-BBBX No Additional Processor 4 $0.00 $0.00379-BFFD No HBM 4 $32.04 $128.16412-ABEH Heatsink for 1 CPU Configuration (CPU more than 185W and less than 250W) 4 $0.00 $0.00370-AAIP Performance Optimized 4 $0.00 $0.00370-AHCL 4800MT/s RDIMMs 4 $0.00 $0.00780-BCDN RAID 1 4 $640.40 $2,561.60405-AAZB PERC H755 SAS Front 4 $9.71 $38.84750-ADRI Front PERC Mechanical Parts, rear load 4 $0.00 $0.00384-BBBL Performance BIOS Settings 4 $0.00 $0.00800-BBDM UEFI BIOS Boot Mode with GPT Partition 4 $56.11 $224.44384-BCUJ 4 Very High Performance Fans for 2 CPU 4 $277.40 $1,109.60450-AKLF Dual, Redundant(1+1), Hot-Plug Power Supply,1100W MM(100-240Vac) Titanium 4 $173.54 $694.16330-BBZB Riser Config 4, Low Profile, 2x8 LP Slots (Gen5) + 1x16 LP Slot (Gen4), 1CPU 4 $0.00 $0.00329-BJJY Motherboard supports ONLY CPUs below 250W. Cannot upgrade to CPUs 250W and above 4 $94.93 $379.72528-CTIC iDRAC9, Enterprise 16G 4 $96.87 $387.48528-CTZH OpenManage Enterprise Advanced Plus 4 $137.64 $550.56540-BCOC Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0 If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | krunal@sidepath.com This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 1 of 7Sidepath -PD CH No Replication vmWare 3 Yr Packet Page. 317 Qty Item Code Description Unit Price Ext. Price 4 $26.99 $107.96540-BDKD Broadcom 5720 Dual Port 1GbE Optional LOM 4 $32.81 $131.24325-BEUG PowerEdge 1U LCD Bezel 4 $9.52 $38.08350-BCKC Dell Luggage Tag 4 $0.00 $0.00403-BCID BOSS Blank 4 $0.00 $0.00350-BBXM No Quick Sync 4 $0.00 $0.00379-BCSG iDRAC,Legacy Password 4 $0.00 $0.00379-BCQX iDRAC Service Module (ISM), NOT Installed 4 $0.00 $0.00379-BCQY iDRAC Group Manager, Disabled 4 $0.00 $0.00611-BBBF No Operating System 4 $0.00 $0.00605-BBFN No Media Required 4 $28.93 $115.72770-BECD ReadyRails Sliding Rails Without Cable Management Arm or Strain Relief Bar 4 $0.00 $0.00631-AACK No Systems Documentation, No OpenManage DVD Kit 4 $9.52 $38.08340-DBXZ PowerEdge R660 Shipping 4 $19.22 $76.88340-DBYC PowerEdge R660 Shipping Material, 10x2.5", 8x2.5" Smart Flow or 16xEDSFF 4 $0.00 $0.00343-BBTT PowerEdge R660 CCC Marking, No CE Marking 4 $562.55 $2,250.20887-1028 ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years 4 $313.12 $1,252.48887-1037 ProSupport Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 3 Years 4 $653.40 $2,613.60887-1039 ProSupport Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 2 Years Extended 4 $48.34 $193.36887-1076 Dell Hardware Limited Warranty Plus On-Site Service 4 $0.00 $0.00975-3462 Dell Limited Hardware Warranty Plus Service, Extended Year(s) 4 $0.00 $0.00989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355 4 $0.00 $0.00825-8623 Certified Deployment Partner T1 or Distributors 32 $741.34 $23,722.88370-AGZR 64GB RDIMM, 4800MT/s Dual Rank 8 $210.98 $1,687.84400-AZUT 480GB SSD SATA Mix Use 6Gbps 5 12 2.5in Hot-plug AG Drive, 3 DWPD 8 $4.27 $34.16492-BBDI C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord, North America $47,251.92 SubTotal No Replication - PD Switches 2 $5,078.42 $10,156.84210-APHT Dell EMC S5224F-ON Switch, 24x 25GbE SFP28, 4x 100GbE QSFP28 ports, PSU to IO air, 2x PSU 2 $0.96 $1.92343-BBLP Dell EMC S52XX-ON Series User Guide 2 $840.64 $1,681.28634-BRWJ OS10 Enterprise, S5224F-ON 2 $0.00 $0.00634-BYIJ OS10 SmartFabric Services 2 $119.88 $239.76818-4983 Dell Hardware Limited Warranty 1 Year If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | krunal@sidepath.com This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 2 of 7Sidepath -PD CH No Replication vmWare 3 Yr Packet Page. 318 Qty Item Code Description Unit Price Ext. Price 2 $123.00 $246.00818-4992 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 1 Year 2 $636.41 $1,272.82818-4994 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, Extended to 4 Years 2 $1,985.36 $3,970.72818-5006 ProSupport Mission Critical:7x24 HW/SW Technical Support and Assistance, 5 Years 2 $0.00 $0.00975-3461 Dell Limited Hardware Warranty Extended Year(s) 2 $0.00 $0.00989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355 2 $0.00 $0.00997-6306 Info 3rd Party Software Warranty provided by Vendor 2 $0.00 $0.00900-9997 On-Site Installation Declined 2 $294.22 $588.44848-8539 5 Years ProSupport OS10 Enterprise Software Support-Maintenance 2 $74.48 $148.96470-ABOU Dell Networking Cable, 100GbE QSFP28 to QSFP28, Passive Copper Direct Attach Cable, 0.5 Meter 8 $27.62 $220.96470-BBDC Dell Networking, Cable, SFP28 to SFP28, 25GbE,Passive Copper Twinax Direct Attach Cable,2 Meter 2 $4.80 $9.60450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US 2 $4.80 $9.60450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $18,546.90 SubTotal No Replication - PD PowerStore 1 $6,544.87 $6,544.87210-BCZJ PowerStore 1200T Field Install 1 $3,349.29 $3,349.29370-AEZP 384GB Appliance DIMM 192GB Per Node 1 $0.00 $0.00528-BTZK PowerStore Base SW 1 $560.74 $560.74406-BBOO 25GBE OPTICAL 4 PORT CARD PAIR 1 $515.93 $515.93450-AIOM Dual 1800W (200-240V) Power Supply, includes C13/C14 Power Cords 1 $0.00 $0.00343-BBTN PowerStore Base Enclosure Install Kit 1 $0.00 $0.00379-BDPD ISG Product (info) 1 $244.58 $244.58876-3332 Dell Hardware Limited Warranty 1 $1,128.40 $1,128.40876-3466 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 3 Years 1 $1,547.79 $1,547.79876-3506 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 2 Years Extended 1 $1,805.98 $1,805.98876-3569 ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years 1 $0.00 $0.00975-3461 Dell Limited Hardware Warranty Extended Year(s) 1 $0.00 $0.00989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355 1 $0.00 $0.00800-BBQV Informational Purposes Only 1 $0.00 $0.00825-8623 Certified Deployment Partner T1 or Distributors 11 $6,843.74 $75,281.14400-BGGP P1 25X2.5 NVME SED SSD 7.68TB 1 $2,772.28 $2,772.28400-BOBK PowerStore NVRAM FIPS QTY 2 If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | krunal@sidepath.com This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 3 of 7Sidepath -PD CH No Replication vmWare 3 Yr Packet Page. 319 Qty Item Code Description Unit Price Ext. Price 11 $3,111.64 $34,228.04828-4838 ProSupport: Mission Critical 4-Hour 7x24 On-Site Medium Capacity SSD Add-On, 5 Years 1 $0.00 $0.00210-ATXO AppSync for PowerStore 1 $0.00 $0.00900-9997 On-Site Installation Declined 1 $0.00 $0.00828-5768 ProSupport for AppSync Starter Pack Software Support Contract 5 Years 1 $0.00 $0.00528-BYHF AppSync Str Pk for PowerStore=CB 1 $0.00 $0.00828-5724 ProSupport for AppSync Starter Pack Software Support Maintenance 5 Years $127,979.04 SubTotal No Replication - City Hall Servers 4 $1,049.22 $4,196.88210-BEQQ PowerEdge R660 Server 4 $19.07 $76.28461-AAIG Trusted Platform Module 2.0 V3 4 $111.71 $446.84321-BKFF 2.5" Chassis with up to 10 Hard Drives (SAS/SATA), PERC11, 1CPU 4 $1,031.31 $4,125.24338-CHSJ Intel Xeon Gold 6442Y 2.6G, 24C/48T, 16GT/s, 60M Cache, Turbo, HT (225W) DDR5-4800 4 $0.00 $0.00374-BBBX No Additional Processor 4 $0.00 $0.00379-BFFD No HBM 4 $31.78 $127.12412-ABEH Heatsink for 1 CPU Configuration (CPU more than 185W and less than 250W) 4 $0.00 $0.00370-AAIP Performance Optimized 4 $0.00 $0.00370-AHCL 4800MT/s RDIMMs 4 $0.00 $0.00780-BCDN RAID 1 4 $635.35 $2,541.40405-AAZB PERC H755 SAS Front 4 $9.62 $38.48750-ADRI Front PERC Mechanical Parts, rear load 4 $0.00 $0.00384-BBBL Performance BIOS Settings 4 $0.00 $0.00800-BBDM UEFI BIOS Boot Mode with GPT Partition 4 $55.66 $222.64384-BCUJ 4 Very High Performance Fans for 2 CPU 4 $275.21 $1,100.84450-AKLF Dual, Redundant(1+1), Hot-Plug Power Supply,1100W MM(100-240Vac) Titanium 4 $172.18 $688.72330-BBZB Riser Config 4, Low Profile, 2x8 LP Slots (Gen5) + 1x16 LP Slot (Gen4), 1CPU 4 $0.00 $0.00329-BJJY Motherboard supports ONLY CPUs below 250W. Cannot upgrade to CPUs 250W and above 4 $94.18 $376.72528-CTIC iDRAC9, Enterprise 16G 4 $96.11 $384.44528-CTZH OpenManage Enterprise Advanced Plus 4 $136.54 $546.16540-BCOC Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0 4 $26.76 $107.04540-BDKD Broadcom 5720 Dual Port 1GbE Optional LOM 4 $32.55 $130.20325-BEUG PowerEdge 1U LCD Bezel 4 $9.44 $37.76350-BCKC Dell Luggage Tag 4 $0.00 $0.00403-BCID BOSS Blank 4 $0.00 $0.00350-BBXM No Quick Sync If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | krunal@sidepath.com This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 4 of 7Sidepath -PD CH No Replication vmWare 3 Yr Packet Page. 320 Qty Item Code Description Unit Price Ext. Price 4 $0.00 $0.00379-BCSG iDRAC,Legacy Password 4 $0.00 $0.00379-BCQX iDRAC Service Module (ISM), NOT Installed 4 $0.00 $0.00379-BCQY iDRAC Group Manager, Disabled 4 $0.00 $0.00611-BBBF No Operating System 4 $0.00 $0.00605-BBFN No Media Required 4 $28.69 $114.76770-BECD ReadyRails Sliding Rails Without Cable Management Arm or Strain Relief Bar 4 $0.00 $0.00631-AACK No Systems Documentation, No OpenManage DVD Kit 4 $9.44 $37.76340-DBXZ PowerEdge R660 Shipping 4 $19.07 $76.28340-DBYC PowerEdge R660 Shipping Material, 10x2.5", 8x2.5" Smart Flow or 16xEDSFF 4 $0.00 $0.00343-BBTT PowerEdge R660 CCC Marking, No CE Marking 4 $558.12 $2,232.48887-1028 ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years 4 $310.65 $1,242.60887-1037 ProSupport Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 3 Years 4 $648.25 $2,593.00887-1039 ProSupport Mission Critical 4-Hour 7x24 On-Site Service with Emergency Dispatch 2 Years Extended 4 $47.95 $191.80887-1076 Dell Hardware Limited Warranty Plus On-Site Service 4 $0.00 $0.00975-3462 Dell Limited Hardware Warranty Plus Service, Extended Year(s) 4 $0.00 $0.00989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355 4 $0.00 $0.00825-8623 Certified Deployment Partner T1 or Distributors 32 $735.49 $23,535.68370-AGZR 64GB RDIMM, 4800MT/s Dual Rank 8 $209.31 $1,674.48400-AZUT 480GB SSD SATA Mix Use 6Gbps 5 12 2.5in Hot-plug AG Drive, 3 DWPD 8 $4.24 $33.92492-BBDI C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord, North America $46,879.52 SubTotal No Replication - City Hall Switches 2 $5,078.42 $10,156.84210-APHT Dell EMC S5224F-ON Switch, 24x 25GbE SFP28, 4x 100GbE QSFP28 ports, PSU to IO air, 2x PSU 2 $0.96 $1.92343-BBLP Dell EMC S52XX-ON Series User Guide 2 $840.64 $1,681.28634-BRWJ OS10 Enterprise, S5224F-ON 2 $0.00 $0.00634-BYIJ OS10 SmartFabric Services 2 $119.88 $239.76818-4983 Dell Hardware Limited Warranty 1 Year 2 $123.00 $246.00818-4992 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, 1 Year 2 $636.41 $1,272.82818-4994 Mission Critical Package: 4-Hour 7x24 On-Site Service with Emergency Dispatch, Extended to 4 Years 2 $1,985.36 $3,970.72818-5006 ProSupport Mission Critical:7x24 HW/SW Technical Support and Assistance, 5 Years 2 $0.00 $0.00975-3461 Dell Limited Hardware Warranty Extended Year(s) If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | krunal@sidepath.com This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 5 of 7Sidepath -PD CH No Replication vmWare 3 Yr Packet Page. 321 Qty Item Code Description Unit Price Ext. Price 2 $0.00 $0.00989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355 2 $0.00 $0.00997-6306 Info 3rd Party Software Warranty provided by Vendor 2 $0.00 $0.00900-9997 On-Site Installation Declined 2 $294.22 $588.44848-8539 5 Years ProSupport OS10 Enterprise Software Support-Maintenance 2 $74.48 $148.96470-ABOU Dell Networking Cable, 100GbE QSFP28 to QSFP28, Passive Copper Direct Attach Cable, 0.5 Meter 8 $27.62 $220.96470-BBDC Dell Networking, Cable, SFP28 to SFP28, 25GbE,Passive Copper Twinax Direct Attach Cable,2 Meter 2 $4.80 $9.60450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US 2 $4.80 $9.60450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $18,546.90 SubTotal No Replication - City Hall Storage 1 $6,906.80 $6,906.80210-BCZJ PowerStore 1200T Field Install 1 $3,534.59 $3,534.59370-AEZP 384GB Appliance DIMM 192GB Per Node 1 $0.00 $0.00528-BTZK PowerStore Base SW 1 $591.76 $591.76406-BBOO 25GBE OPTICAL 4 PORT CARD PAIR 1 $544.47 $544.47450-AIOM Dual 1800W (200-240V) Power Supply, includes C13/C14 Power Cords 1 $0.00 $0.00343-BBTN PowerStore Base Enclosure Install Kit 1 $0.00 $0.00379-BDPD ISG Product (info) 1 $258.12 $258.12876-3332 Dell Hardware Limited Warranty 1 $1,190.82 $1,190.82876-3466 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 3 Years 1 $1,633.41 $1,633.41876-3506 ProSupport Mission Critical 4-Hour 7x24 Onsite Service with Emergency Dispatch 2 Years Extended 1 $1,905.88 $1,905.88876-3569 ProSupport Mission Critical 7x24 Technical Support and Assistance 5 Years 1 $0.00 $0.00975-3461 Dell Limited Hardware Warranty Extended Year(s) 1 $0.00 $0.00989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1-800- 945-3355 1 $0.00 $0.00800-BBQV Informational Purposes Only 1 $0.00 $0.00825-8623 Certified Deployment Partner T1 or Distributors 11 $3,892.94 $42,822.34400-BGGM P1 25X2.5 NVME SED SSD 3.84TB 1 $2,925.65 $2,925.65400-BOBK PowerStore NVRAM FIPS QTY 2 2 $38.82 $77.64470-ADUC 2M PASSIVE 25G TWINAX CABLE QTY 2 11 $1,476.44 $16,240.84828-4821 ProSupport: Mission Critical 4-Hour 7x24 On-Site Low Capacity SSD Add-On, 5 Years 1 $0.00 $0.00210-ATXO AppSync for PowerStore 1 $0.00 $0.00900-9997 On-Site Installation Declined 1 $0.00 $0.00828-5768 ProSupport for AppSync Starter Pack Software Support Contract 5 Years If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | krunal@sidepath.com This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 6 of 7Sidepath -PD CH No Replication vmWare 3 Yr Packet Page. 322 Qty Item Code Description Unit Price Ext. Price 1 $0.00 $0.00528-BYHF AppSync Str Pk for PowerStore=CB 1 $0.00 $0.00828-5724 ProSupport for AppSync Starter Pack Software Support Maintenance 5 Years $78,632.32 SubTotal VMware vSphere Foundation | 3 Yr 192 $268.62 $51,575.04VSP-PL-TD-TL-3P-C-2 VMware vSphere Foundation - 3-Year Commit - Per Core $51,575.04 SubTotal APC Rack and PDU 1 $1,928.35 $1,928.35A7267693 APC NetShelter SV - Rack cabinet - black - 42U - 19-inch 2 $710.58 $1,421.16A7284209APC Metered Rack PDU AP8841 - 0U - 208V NEMA L6-30 Input / (36) C13 & (6) C19 Output $3,349.51 SubTotal Professional Services and Installation 2 $25,053.50 $50,107.00CustomSidepath Professional Services. Sidepath will help you assess, plan, and execute a successful implementation of your new DellEMC Powerstore Array. This service off ering will provide for the implementation of a Powerstore array with up to four (4) new storage enclosures. Services include racking new equipment, storage provisioning, and integration with network switches and servers. Integration is for up to two (2) supported storage network switches and up to three (3) supported servers. Service includes migration plan, knowledge transfer and documentation. See acommpanying Statement of Work for full implmentation plan and detail. $50,107.00 SubTotal Payment Terms from Ship Date:Net 30 Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. Product Total $442,868.15CA Shipments: CA Electronic W aste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Taxes $22,403.24 Shipping $0.00 Grand Total $465,271.39 Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request. Note: Sidepath will collect sales tax for orders shipped to these six states: AZ, CA, MA, NV, TX and W A. For orders shipped outside of these six states, it will be the customer's responsibility to report the tax as Sales & Use Tax. Please contact me if I can be of further assistance. THANK YOU FOR YOUR BUSINESS! Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact: Krunal Patel | (949) 396-3743 | krunal@sidepath.com This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 7 of 7Sidepath -PD CH No Replication vmWare 3 Yr Packet Page. 323 Sam Andrews sam.andrews@dell.com 512.720.4469 Microsoft Enterprise Agreement (EA) #: (Select Plus TBD)Date of Issue:1/24/2024 Customer: City of San Bernardino Quote Expires:3/31/2024 Product Description Mfg#Quantity Months Unit Price Ext. Price Win Server DC Core 2022 SLng 2-core License (Microsoft Select Plus agmt)9EA-01291 96 N/A $500.10 $48,009.60 Perpetual license of Windows 2022 Datacenter, no maintenance (SA) Qty 96 = 192 cores (licensing for 8 servers with 24 cores each) Total Payment $48,009.60 Notes:$48,009.60 We will set you up with a Microsoft Select Plus enrollment with no purchase commitments Notes: Quote prepared by: Chris A Johnson Perpetual Licenses Packet Page. 324 - 1 - PROFESSIONAL SOFTWARE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SIDEPATH INC. 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of March 2024 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and SIDEPATH INC, a Corporation with its principal place of business at 22892 Mill Creek Drive, Laguna Hills, CA 92653 (“Vendor”). Vendor is registered with the State of California and permitted to conduct the types of sales and business services included in this Agreement. City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 City. City is a public agency of the State of California and is in need of professional software services for the following project: BACKUP STORAGE REPLACEMENT (hereinafter referred to as “the Project”) 2.2 Vendor. Vendor desires to perform and assume responsibility for the provision of certain professional services including, but not limited to, software programming and on-going maintenance services as required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing PROFESSIONAL SOFTWARE SERVICES projects to public agency clients, is licensed in the State of California, and is familiar with the computing environment of the City. 2.3 Grant of License. Vendor hereby represents and warrants to City that Vendor is the owner of the Application Software, as defined herein, or otherwise has the right to grant to City the rights to use of the Application Software, as set forth in this Agreement and the attached License Agreement. 2.4 Project. City desires to engage Vendor to render such services for the BACKUP STORAGE REPLACEMENT (“Project”) as set forth in this Agreement. 2.5 Hardware Specifications. The Parties acknowledge and agree that the City has or will be purchasing certain hardware necessary for the proper operation of the System, defined below, in reliance on the recommendations and specifications to be provided by Vendor. 3. DEFINITIONS Packet Page. 325 2 3.1 Acceptance. The term Acceptance as used in this Agreement shall refer to a thirty (30) day period following notification by the Vendor that the Application Software or any component or element thereof is ready for use. During this period, the City will test the System and if no Defects are reported, that component or element of the Application Software will be deemed Accepted. If Defects are reported, the Vendor will correct the Defect and a new Acceptance period will begin once the City has been notified by the Vendor. 3.2 Application Software. The term Application Software as used in this Agreement shall refer to the collection of software programs (i.e. executable code) provided to the City by Vendor that will perform the set of functions described in the Exhibit “B”. 3.3 Custom Software. The term Custom Software is computer programs developed under this Agreement that extends the functionality of the Application Software to include features specified or required as part of this Project and under this Agreement not originally part of the Vendor’s baseline or prior version of the Application Software. 3.4 Defect. The term Defect as used in this Agreement shall refer to any error or malfunction in the operation of the System under this Agreement that prevents the City or its agents or employees from using the Application Software to perform the features and functions proposed in Exhibit “B”. 3.5 Delivery. The term Delivery related to software shall mean the transfer and receipt (electronically) of the Application Software to the designated, City approved computing environment. Delivery of professional Services, as used in this Agreement, shall mean that the City’s designated agent under this Agreement has signed off on a given task or work order. 3.6 Final Acceptance. The term Final Acceptance as used in this Agreement shall be used to refer to the thirty (30) day period following the complete Acceptance and operation in productive use of all the components and elements of the System that is free of Defects. If Defects are reported by the City, the Vendor will correct the Defect(s) and notify the City after which a new Final Acceptance period will begin. 3.7 Installation. The term Installation as used in this Agreement shall refer to the loading of executable code necessary for the operation of the Application Software on one of the computing environments designated herein with the Platform Software. 3.8 License Agreement. The term License Agreement as used in this Agreement shall mean the license agreement(s) for the Application Software attached hereto as Exhibit “F”. 3.9 On-going Maintenance and Support Services. The term On-going Maintenance and Support Services used in this Agreement shall mean those Services required for on-going Application Software maintenance and support. Packet Page. 326 3 3.10 Platform Software. The term Platform Software shall mean all of the server and client operating systems, utilities, objects, database software, and any 3rd Party software necessary to operate the Application Software as required by this Agreement. 3.11 Project. The term Project as used in this Agreement shall refer to all of the materials, labor and Services required to deliver the System. 3.12 Project Deliverables. The term Products as used in this Agreement shall refer to, collectively, the Application Software, Custom Software, Platform Software, Updates, Source Code and any other products, including intellectual property, provided by Vendor under this Agreement, as more specifically set forth in Exhibit “B”. 3.13 Project Services. The term Project Services as used in this Agreement shall mean those Services to be provided by Vendor in order to complete the Project, through Final Acceptance. 3.14 Services. The term Services as used in this Agreement shall mean, collectively, the Project Services and the On-going Maintenance and Support Services. 3.15 Source Code. The term Source Code as used in this Agreement shall refer to all programming language code, objects, stored procedures, utilities, and compilers necessary to generate executable code for all of the Application Software and Custom Software provided under this Agreement, including all user, technical and system documentation necessary for a reasonable person to understand how to operate all elements of the System. 3.16 System. The term System shall be used in this Agreement to refer to the collection of software, firmware, operating system, database system, hardware and peripherals necessary to operate the Application Software to perform the functions specified in Exhibit “B”. 3.17 Update. The term Update shall be used in this Agreement to refer to any bug fix, patch, enhancement, error correction, revision, performance improvement, new version, added features to or replacement of the Application Software, or any component or element thereof, designed to perform the same functions as the Application Software on any Platform Software or computing environment. 4. TERMS. 4.1 Incorporation of Documents and Recitals; Order of Precedence. The attached exhibits and the recitals set forth above are incorporated into this Agreement by reference as though fully set forth herein. 4.2 Scope of Services and Term. 4.2.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, Packet Page. 327 4 materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply Hardware and Professional Software Services necessary for the Project. The Project is more particularly described in Exhibit “A” (Statement of Work) attached hereto and incorporated herein by reference including definitions required for interpreting the services described. The Project 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. 4.2.2 On-Going Maintenance and Support Services. Vendor further promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the On-going Maintenance Services as required hereunder. The On-going Maintenance and Support Services are more particularly described in Exhibit “G” (On-going Maintenance Services Statement of Work) attached hereto and incorporated herein by reference including, if applicable, definitions required for interpreting the services described. The On-going Maintenance and Support Services shall be subject to, and performed in accordance with, the applicable provisions of this Agreement and the attached exhibits, and all applicable local, state and federal laws, rules and regulations. 4.2.3 Term. 4.2.3.1 License Agreement. The term of the License Agreement shall continue in perpetuity, regardless of any termination of this Agreement or the provision by Vendor of On-going Maintenance and Support Services, as further set forth in the License Agreement. 4.2.3.2 On-going Maintenance and Support Services. The term of this Agreement as relates to the provision of On-going Maintenance and Support Services shall commence upon Final Acceptance and shall remain in effect for up to five (5) successive one (1) year periods, to be renewed annually in the City’s sole discretion. 4.2.3.3 Project Services. The term of this Agreement, as relates to the Project Services, shall commence on the Effective Date and shall terminate on the date of Final Acceptance. Notwithstanding the foregoing, the indemnification and warranty provisions of this Agreement shall remain in full force and effect as to such Services. 4.3 Responsibilities of Vendor. 4.3.1 Control and Payment of Subordinates; Independent Contractor. The Project Deliverables and Services shall be provided by Vendor or under its supervision. Vendor will determine the means, methods and details of performing Project subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor 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 Vendor shall also not be Packet Page. 328 5 employees of City and shall at all times be under Vendor’s exclusive direction and control. Vendor 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. Vendor 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. 4.3.2 Schedule of Services. Vendor shall perform the Project Services expeditiously, within the terms of this Agreement, and in accordance with the Project Plan, attached hereto as Exhibit “D” and incorporated herein by this reference. Vendor shall perform the On-Going Maintenance and Support Services in accordance with the schedule therefore included in Exhibit “G”. Vendor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Vendor’s conformance with the foregoing schedules, City shall respond to Vendor’s submittals in a timely manner. 4.3.3 Conformance to Applicable Requirements. All work prepared and Services performed by Vendor shall be subject to the approval of City. 4.3.4 Warranty. Vendor warrants that the Application Software shall perform as proposed and represented in Exhibit “B”. In addition, Vendor represents and warrants that, at Final Acceptance, the Application Software shall perform all of the functions specified in Exhibit “B”. 4.3.5 Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows: Michelle Shauer – Project Manager, Scott Riley Lead Systems Engineer, Nick De Calonne Senior Systems Engineer, and Jigar Meath, Systems Engineer. 4.3.6 Coordination of Services. Vendor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Vendors and other staff at all reasonable times. 4.3.7 Standard of Care; Performance of Employees. Vendor 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. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all Packet Page. 329 6 employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Vendor 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, Vendor 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 Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors 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 or from the provision of On-Going Maintenance and Support Services by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project. 4.3.8 Regulatory Compliance. Vendor 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 and the On-Going Maintenance and Support Services, including all federal and state requirements, and shall give all notices required by law. Any and all Application Software provided under this Agreement shall be compliance with all relevant federal and state laws and regulations including, but not limited to IRS, Social Security, Federal Trade Commission, Homeland Security, California Public Employees Retirement System (CalPERS), and California Franchise Tax Board. Vendor shall be liable for all violations of such laws and regulations in connection with delivery of Products and Services under this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. Vendor 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. 4.3.9 Additional Provisions Related to On-going Maintenance and Support Services. 4.3.9.1 Defect Remediation. Vendor shall correct any reported Defects in a timely manner. Defects that result in the City’s inability to conduct its normal business operations may incur financial penalties as further described below. 4.3.9.2 Penalties. If Vendor cannot resolve the problem of a reported Defect within 48 hours, the Vendor shall pay the City $500 per day (24 hours) until the Defect is remedied and the City is able to resume its normal business operations. 4.3.9.3 Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software Packet Page. 330 7 manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties. 4.4 Party Representatives. 4.4.1 City’s Representative. The City hereby designates Rolland Kornblau, or his 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 Contract. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 4.4.2 Vendor’s Representative. Vendor hereby designates Michelle Shauer or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his 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. 4.5 Insurance. 4.5.1.1 Time for Compliance. Vendor shall not commence the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Vendor 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. 4.5.1.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subvendors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 4.5.1.3 Commercial General Liability (A) The Vendor 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. Packet Page. 331 8 (B) 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. (C) Commercial General Liability Insurance must include coverage for the following: (a) Bodily Injury and Property Damage (b) Personal Injury/Advertising Injury (c) Premises/Operations Liability (d) Products/Completed Operations Liability (e) Aggregate Limits that Apply per Project (f) Explosion, Collapse and Underground (UCX) exclusion deleted (g) Contractual Liability with respect to this Contract\ (h) Broad Form Property Damage (i) Independent Vendors Coverage (D) 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. (E) 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. (F) 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. 4.5.1.4 Automobile Liability. (A) At all times during the performance of the work under this Agreement, the Vendor 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. Packet Page. 332 9 (B) 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). (C) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (D) 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. 4.5.1.5 Workers’ Compensation/Employer’s Liability. (A) Vendor 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. (B) To the extent Vendor has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Vendor 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. Vendor shall require all subvendors 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. 4.5.1.6 Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Vendor 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 Vendor. “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. 4.5.1.7 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. Packet Page. 333 10 4.5.1.8 Minimum Policy Limits Required. (A) 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 limit (B) Defense costs shall be payable in addition to the limits. (C) 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. 4.5.1.9 Evidence Required. Prior to execution of the Agreement, the Vendor 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. 4.5.1.10 Policy Provisions Required. (A) Vendor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Vendor 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 Vendor shall deliver renewal Packet Page. 334 11 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. (B) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Vendor’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. (C) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Vendor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Vendor 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. (D) 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 Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subvendors. (E) 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 Vendor from liability in excess of such coverage, nor shall it limit the Vendor’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. 4.5.1.11 Qualifying Insurers. (A) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: 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. 4.5.1.12 Additional Insurance Provisions. (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Vendor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the Packet Page. 335 12 liabilities and obligations otherwise assumed by the Vendor pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (B) 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 Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement. (C) The City may require the Vendor to provide complete copies of all insurance policies in effect for the duration of the Project. (D) 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. 4.5.1.13 Subvendor Insurance Requirements. Vendor shall not allow any subcontractors or subvendors 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 subvendors 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 Vendor, City may approve different scopes or minimum limits of insurance for particular subcontractors or subvendors. 4.5.2 Safety. Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor 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. 4.6 Responsibilities of City. 4.6.1 City Support of Vendor. City shall furnish to the Vendor priority access to the System for the period of time reasonably required by the Vendor for Installation, testing, training, diagnostics, etc. City shall provide the following resources for Vendor's use in fulfillment of this Agreement: (a) City personnel upon reasonable request of Vendor to answer questions and advise Vendor on City's facilities, operations and requirements. Packet Page. 336 13 (b) Input data in accordance with the agreed upon test and Acceptance procedures for use by the Vendor in Acceptance Testing. (c) Conversion format and procedures that the Vendor shall complete at its expense. (d) Upon completion of Installation and preliminary training, and following Final Acceptance, City shall be responsible for the operation and management of the System, exclusive of hardware maintenance and/or On-going Maintenance and Support Services, which shall be the responsibility of Vendor. 4.7 Fees and Payments. 4.7.1 Compensation for Project Services. The Parties agree that the payment schedule is a performance based payment schedule. Vendor shall receive compensation, including authorized reimbursements, for all Project Services and License Agreements rendered under this Agreement at the rates and in accordance with the compensation schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation for Project Services shall not exceed Four hundred thousand ten dollars and sixty one cents. ($400,010.61) without written approval of City’s Representative. 4.7.2 Compensation for On-going Maintenance and Support Services. Vendor shall receive compensation, including authorized reimbursements, for all On- going Maintenance and Support Services rendered under this Agreement at the rates set forth in Exhibit “C”. Notwithstanding any other provision of this Agreement, the Parties agree that payment for the first year of On-going Maintenance and Support Services shall be covered under the warranty for the System, included as part of the payment specified in Section 4.7.1 above, and no additional payment by the City shall be made for such services. 4.7.3 Process for Payment of Compensation; Itemized Statements. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor. The statement shall describe the nature and amount of Services provided; and shall clearly reflect charges against the items described in the “Compensation” set forth in Exhibit “C” since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Statements not in conformance with the foregoing, or statements containing questions or ambiguities, shall be returned to the Vendor for correction. City shall, within forty-five (45) days of receiving a statement in conformance with the requirements contained herein, review the statement and process for payment all approved and undisputed charges thereon. Packet Page. 337 14 4.7.4 Partial Delivery. In the event that the Vendor fails to deliver all of the Application Software elements and Services included in the Project Deliverables, the City, at its sole option, may determine the value of the missing elements and withhold that amount from any payment due to Vendor. Alternatively, or in addition, as required to cover the value of the missing elements, Vendor shall submit to the City a cashier’s check for said amount and present it to the City, to be held as a “Project Bond” until the missing elements have been satisfactorily delivered and Accepted. Upon Acceptance of the missing elements, the City shall return the cashier’s check along with any withheld payment amounts, as applicable. If the Vendor fails to satisfactorily deliver the missing elements, the City may cash the cashier’s check and use the withheld monies to complete the outstanding deliverables with its own forces, or through any other available vendor or consultant. 4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless included in Exhibit “C”, Exhibit “D”, or authorized in writing and in advance by City. 4.7.6 Modification of Scope. The City may, at any time, request a modification to the Project, or the Statement of Work for the Project Services or the On- going Maintenance and Support Services by submitting written notice to Vendor specifying the desired modifications. Vendor shall provide a written quote for the increased, changed or decreased Services within five (5) working days of receipt of City’s written request. Vendor shall suspend any Services following receipt of the City’s written request until final written agreement is reached on the requested modification. The Parties shall then negotiate in good faith any increased or decreased charges related to the requested modification. No request for modification shall be effective until a final agreement between the Parties has been reached, and either a written amendment to this Agreement, or a change order is executed by both Parties. No oral request for modification of Services shall be binding on either Party. 4.7.7 Discounts. Vendor shall identify applicable discounts and discount time periods from published list prices for any future Application Software or additional copies of purchased Application Software. Should any discounts be announced that would normally apply to the City following the initial submission of the response, but before the Agreement is signed, the City reserves the right to take the lesser of the proposed prices or the discounted price. 4.8 Accounting Records. 4.8.1 Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor 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. Vendor 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. Packet Page. 338 15 4.9 General Provisions. 4.9.1 Termination of Agreement. 4.9.1.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. Vendor may not terminate this Agreement except for cause. 4.9.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished Documents & Data, as defined herein, and other information of any kind prepared by Vendor in connection with the performance of Services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request. 4.9.1.3 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. 4.9.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: City City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Rolland Kornblah Vendor SIDEPATH INC. 22892 Mill Creek Drive Laguna Hills CA. 92653 Attn: Krunal Patel 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. 4.9.3 Ownership of Materials and Confidentiality. 4.9.3.1 Documents & Data; Licensing of Intellectual Property. Excluding materials and data already owned by the Vendor prior to this Agreement, this Agreement creates a non-exclusive, irrevocable, and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, software programming, studies, drawings, Packet Page. 339 16 estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on digital media, including, without limitation, any Computer Aided Design and Drafting (“CADD”) data, which are prepared or caused to be prepared by Vendor under this Agreement (“Documents & Data”). Vendor shall require all subcontractors to agree in writing that City is granted a non-exclusive, irrevocable, and perpetual license for any Documents & Data, and Custom Software solutions the subcontractor prepares under this Agreement. Vendor represents and warrants that Vendor has the legal right to license any and all Documents & Data. Vendor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Vendor or provided to Vendor by the City. City shall not be limited in any way in its use of the Documents & Data or Custom Software at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Any CADD data delivered to City shall not include the professional stamp or signature of an engineer, architect, or any other licensed professional, but shall be followed with a hard copy with such stamp or signature. 4.9.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Vendor in connection with the performance of this Agreement shall be held confidential by Vendor. Such materials shall not, without the prior written consent of City, be used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is generally known, or has become known, to the related industry shall be deemed confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 4.9.3.3 Intellectual Property Indemnification. Vendor shall defend, indemnify, and hold harmless City, officials, officers, employees, volunteers and agents against any and all claims against City based upon allegations that Vendor has wrongfully utilized Intellectual Property of others in performing work pursuant to this Agreement or that City has wrongfully used Intellectual Property developed by Vendor pursuant to this Agreement. 4.9.4 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. 4.9.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. Packet Page. 340 17 4.9.6 Indemnification. To the extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Vendor, its officials, officers, employees, agents, Vendors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses. Vendor shall defend, at Vendor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Vendor shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Vendor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers 4.9.7 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. If there are any conflicts in language in referenced or related agreements, the language in this Agreement shall prevail. Exhibits to this Agreement will include (if not provided for in the main Agreement) the following: Exhibit A – Statement of Work Exhibit B – Project Deliverables Exhibit C – Compensation Exhibit D – Project Plan Exhibit E – Escrow Agreement Exhibit F – Software License Agreement(s) Exhibit G – Scope of Ongoing Maintenance 4.9.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. 4.9.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. Packet Page. 341 18 4.9.10 City’s Right to Employ Other Vendors. City reserves the right to employ other Vendors in connection with this Project. 4.9.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 4.9.12 Assignment or Transfer. Vendor 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. 4.9.13 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 Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected 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. 4.9.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4.9.15 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. 4.9.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 4.9.17 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. 4.9.18 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide agent of the Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 member, officer or employee of City, Packet Page. 342 19 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. 4.9.19 Equal Opportunity Employment. Vendor 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. 4.9.20 Authority to Enter Agreement. Vendor 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. 4.9.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 4.10 Subcontracting. 4.10.1 Prior Approval Required. Vendor 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. 4.11 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. Packet Page. 343 20 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SIDEPATH INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. LICENSOR 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 LICENSEE SIDEPATH INC. Signature Name Title Packet Page. 344 21 EXHIBIT A EXHIBIT “A” STATEMENT OF WORK 1.1 SCOPE OF WORK Sidepath will perform the work and deliver the Deliverables as described in this Agreement. Any and all additional work or Deliverables not specifically described in this Agreement are considered out of scope and will be addressed in separate written agreements. The following items are within the scope of work contemplated by this Agreement: 1.1.1 In-Scope The following items are in scope for this agreement: • One (1) Powerstore 1200T • Two (2) S5224F-ON Switches • Four (4) Poweredge R660 Servers 1.1.2 Work Locations • City Hall • Police Department 1.1.3 Scope Particulars • Site Preparation and Installation o Unbox and inventory equipment o Stage and deploy all devices in equipment racks o Cable management and label identification • Poweredge Base Level Deployment o Configure iDRAC o Configure Lifecycle Controller o Power on and install operating system o Connect to existing network o Configure network interface card o Integrate with SAN • Network Switches Base Level Deployment o Apply latest firmware o Assign IP o Configure Spanning Tree o Configure VLT • Powerstore Base Level Deployment o Configure network and attach to existing customer network o Complete Powerstore configuration Verify firmware target levels Configure SAN zoning for host deployment Initialize and configure storage appliance Packet Page. 345 22 EXHIBIT A Validate array registration Connect array to remote support o Register hosts with array o Create and present storage to hosts o Test controller failover • Data Migration & Migration Plan o Review with customer desired migration o Assist customer in the planning of storage migration using vMotion tools o Perform selected migrations as template for Migration Plan o Document Migration Plan methodology o Hand off migration tasks to customer after knowledge transfer • Project Closure o As built documentation of deployed environments o Knowledge Transfer: Up to four (4) hours remote knowledge transfer Up to four (4) client engineers The objective of the knowledge transfer is to review client specific product configurations and workflows and to provide enough information so the Client Staff is operationally efficient with specific deliverables in scope of this SOW. Knowledge transfer will be provided to: Review As-Built Designs and Documentation Provide an overview of administrative and operational functions *Please note: Knowledge Transfer is not a replacement for formal system training and certification. 1.1.4 ** Training classes are available from Dell and Sidepath can assist customer in selecting classes Project Management • Conduct a Project Kick-off meeting • Review the Agreement, including overview of the project, deliverables, and in/out of scope items • Confirm Client’s expectations • Establish a one-page project overview with: o Action Item Register, schedule, and ownership o Top Risks and Issues o Project health indicators Packet Page. 346 23 EXHIBIT A o Deliverables status o Status summary • Establish a Status Reporting schedule, generally one status report per week • Establish a Meeting Schedule • Schedule and drive project meetings and provide meeting minutes as appropriate for the project schedule • Manage the project change control activities and processes • Confirm Client acceptance at the end of each milestone or deliverable • Ensure Client’s change control procedures are identified and followed • Act as a single point of contact for project performance status 1.2 OUT OF SCOPE The following items are outside the scope of Deliverables offered within this Agreement: • Data migration or protection services • Any specific tasks or deliverables not clearly stated within this scope • All levels of support. • Creation of virtual machines • Installation and configuration of guest operating systems Packet Page. 347 24 EXHIBIT B EXHIBIT “B” PROJECT DELIVERABLES IN ACCORDANCE WITH SCOPE OF WORK: 1. PowerEdge, 2. PowerStore, 3. Switches, 4. Vmware Packet Page. 348 25 EXHIBIT C EXHIBIT “C” COMPENSATION TOTAL PROJECT COST: $400,010.61 Packet Page. 349 26 EXHIBIT D EXHIBIT “D” PROJECT PLAN Intentionally left blank Packet Page. 350 27 EXHIBIT E EXHIBIT “E” ESCROW AGREEMENT Intentionally left blank Packet Page. 351 28 EXHIBIT F EXHIBIT “F” SOFTWARE LICENSE AGREEMENTS This will include all related software license agreements for the Application Software and Platform Software, if applicable. 1. License in Perpetuity. The license to use all the Application Software shall be irrevocable and in perpetuity and shall not require an annual license fee for continued use after the initial warranty period, and shall survive any termination of this Agreement or the provision of On-going Maintenance and Support Services. 2. Right to Grant License; Remedies for Breach. Vendor represents and warrants to City that Vendor is the owner of the Application Software, or otherwise has the right to grant to City the rights to use of the Application Software. In the event of any breach or threatened breach of the foregoing representation and warranty, City may, at its sole discretion, require Vendor to: i) procure, at Vendor's expense, the right to use the Application Software, ii) replace the Application Software or any part thereof that is in breach and replace it with software of comparable functionality, as determined by the City, that does not cause any breach, or iii) refund to City the full amount paid by the City for the Project upon the return of the Application Software and all copies thereof to Vendor. 3. Application Software Licensing Provisions 3.1 Disabling Code. The Vendor stipulates that there is no disabling code contained in the Application Software that would render the System unusable if certain events or actions do not occur. 3.2 Backup/Disaster Recovery. The City shall have the rights to install the Application Software on a backup/disaster recovery computer environment for the purposes of dynamic or static replication at a hot site or backup data center. In the event the primary data center at which the Application Software is hosted is inoperable or otherwise unavailable, the City may use the backup version without additional licensing or other charges until the primary site is available again. 3.3 Development and Test Environments. The City shall be entitled to install and configure the Application Software on additional computing environments (servers, hosts, clients) for the purpose of development and/or testing. 4. Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which Packet Page. 352 29 EXHIBIT F shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties. Packet Page. 353 30 EXHIBIT G EXHIBIT “G” SCOPE OF ONGOING-MAINTENANCE •Maintenance: o The vendor shall provide warranty service options: ▪1 year - 24 /7 - 4 hour response time ▪3 year - 24/7 - 4 hour response time ▪5 year - 24/7 - 4 hour response time o The vendor must state that the hardware will not be considered end-of-life for the initial 5 years. Packet Page. 354 REQUEST FOR PROPOSALS FOR CITY OF SAN BERNARDINO FOR RFP-F-23-69 DATA CENTER REPLACEMENT CITY OF SAN BERNARDINO 290 North D Street San Bernardino, California 92401 Telephone: (909) 384-7272 https://www.ci.san-bernardino.ca.us/ Packet Page. 355 1 CITY OF SAN BERNARDINO NOTICE INVITING PROPOSALS, RFP NO. RFP F-23-69 DATA CENTER REPLACEMENT PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“Planetbids”) until 3:00 p.m., on October 11, 2023. Proposals may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Proposals received through any means other than Planetbids will be returned to the Vendor unopened. The City is requesting proposals to provide: DATA CENTER REPLACEMENT 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. 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 INFORMATION TECHNOLOGY 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. Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, https://www.ci.san-bernardino.ca.us/. All addenda will be published on the City’s website. For more information regarding the RFP, please contact: City of San Bernardino, Purchasing Division www.purchasing@sbcity.org Packet Page. 356 2 CITY OF SAN BERNARDINO REQUEST FOR PROPOSALS DATA CENTER REPLACEMENT I. BACKGROUND AND INTRODUCTION The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for DATA CENTER REPLACEMENT services (“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 PROFESSIONAL SOFTWARE SERVICE (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” 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 INFORMATION TECHNOLOGY 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. Packet Page. 357 3 B. City Contact for this RFP The principal contact for the City regarding this RFP will be Michelle Parra, Buyer for the Purchasing Division, 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 e-mail 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 Tuesday, September 26, 2023, by 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 Each Proposer is requested to attend a mandatory pre-proposal meeting to be held on Tuesday, September 19, 2023, from 10:00 a.m. to11:00 a.m. via Microsoft Teams. Failure to attend this meeting WILL preclude a Proposer from submitting a proposal. Attendance at the pre- proposal meeting will ensure the Proposer understands the full scope of the Services requested. 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. Packet Page. 358 4 e. California Business License Number 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: 3 pages) a. Experience (i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will Packet Page. 359 5 meet the goals and fulfill the general functions identified in this RFP. (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. Packet Page. 360 6 (c) Termination or failure to complete a contract. (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: 4 pages) Please provide a unit cost fee proposal for the scope of Services. (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. Proposers shall provide a copy of their Certificate of Insurance showing that their insurance meets the requirements of the City. Packet Page. 361 7 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 not 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 the 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 document. 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. Packet Page. 362 8 g. Fee proposal. h. Comments by references. 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 Packet Page. 363 9 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 September 12, 2023 Pre-Proposal Meeting Location: Mandatory meeting via Microsoft Teams, Tuesday, September 19, 2023, from 10:00a.m. to 11:00a.m. Please confirm on or before Monday, September 18, 2023, by 9:00a.m. to the purchasing@sbcity.org email. The Microsoft Teams link will be sent to you by end of day Monday, September 18, 2023. September 19, 2023 Last Day to Submit Questions for Clarification received by the City on or before Tuesday, September 26, 2023, by 3:00pm September 26, 2023 Clarifications Issued by City on or before Tuesday, October 3, 2023, by 3:00pm October 3, 2023 Deadline for Receipt of Proposals submitted on or before Wednesday, October 11, 2023, by 3:00pm October 11, 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 Packet Page. 364 10 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 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 local time, on or before Wednesday, October 11, 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 connections, or incomplete transmissions. Packet Page. 365 11 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 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: September 12, 2023 Packet Page. 366 Exhibit A EXHIBIT A PROPOSED SCOPE OF SERVICES The City of San Bernardino is looking to replace its existing aging VMware hosts, which are currently housed at the City Hall and Police Department Data Centers. The new technology will be replacing equipment in both the City Hall and Police Department Data Centers. The City is looking to the vendors to propose innovative solutions and architectures to meet modern data center goals. The design goal is to provide a redundant system that will stretch between the two data centers. It can include a private cloud so that resources are available to the PD or City Hall as needed. The networks need to be kept separate so City Hall staff cannot pass through the shared resources to the PD network. The City has 3 fiber connections from City Hall to the PD. The initial expectation is that one set would be for City Hall traffic, one set would be for Police Department traffic, and one set exclusively for the on-premises cloud or computing resources. The proposed network will allow City Hall staff to use the City Hall network at the PD if City Hall is unavailable and vice versa. The vendor is expected to propose the best architectural solution for the City. It is not required that the design be hyper-converged or converged. The City is expecting to evaluate a number of different types of solutions. The City desires to start implementation of the system before February 2024. Vendors must evaluate the current data center resources to determine the number of resources to include in the replacement data center. Tools like RV Tools, Live Optics, and Cloud Physics can be used to assist with the system evaluation. Vendors are expected to respond on the three provided scoresheets: • Function Summary o The vendor will respond to each requested goal or function with a score to represent how or if the function will be achieved. 1. Each item is scored a 1 for items included in the proposed pricing. 2. Each item is scored a 2 for items that are included in the proposal but with an identified additional cost. 3. Each item is scored a 3 for items that are planned but not yet available. 4. Each item is scored a 4 for items that are not planned to be available. • Cost Summary o The vendor will provide a 5-year cost summary that will include all costs: 1. Initial Cost – Hardware and Software • Hardware and Software items should be itemized. 2. Subscription / Maintenance for year 1 – if not included in year 1 cost 3. Subscription / Maintenance cost for years 2-5 4. Training Cost 5. Migration Cost • Reference Packet Page. 367 Exhibit A o The vendor will provide 4 references that have a similar architecture in operation. The references do not have to be government agencies, but it is preferred. Functions: • Hardware: o It is expected that the hardware will be installed in an existing 19” rack of the City Hall data center and Police data center.  If additional space is required, it needs to be specified. o It is expected that the vendor will provide cooling and power consumption specifications.  The City will provide the UPS units.  KVM’s will be provided by the City. o The City has a preference for Flash memory configurations for active data sets. The vendor is welcome to propose all-flash or hybrid storage configurations. o The City looks to the vendor to provide the best-balanced estimate of the computing resources versus the workload. The city would look to balance the number of cores versus the speed of the cores. o The system should be able to report issues to the operator and the vendor automatically. The vendor may discuss how remote support may be provided. It is expected that the vendor would not have access that is not monitored by City staff. o The hardware needs to be VMWare compliant. • Software: o Vendors will need to discuss how recovery time objectives can be met for applications. o Critical and intensive resource applications:  Police: Dispatch – SQL based – RTO (Recovery Time Objective – 15 minutes)  City Hall: New World – SQL-based finance – RTO (Recovery Time Objective – 1 hour) o The City has VMWare 7. The proposed solution should include the latest stable version of VMWare. The vendor needs to include migration plans. It is expected that the old VMWare system and its installed equipment will not be used after the migration. o The proposed solution must coordinate with VMWare to ensure that the current licensing transitions to the new environment and is modified if necessary. o The City will provide any necessary Microsoft licensing outside of the scope of the RFP. o The City currently uses CommVault for its backup needs.  The vendor should state if Commvault is supported. • Networking: o The vendor needs to state the suggested network device(s) model that would work with their solution. The proposed equipment would need to work with the existing network devices. • Maintenance: o The vendor needs to provide warranty service options:  1 year – 24 /7 – 4 hour response time  3 year – 24/7 – 4 hour response time  5 year – 24/7 – 4 hour response time o The vendor must state that the hardware will not be considered end-of-life for the initial 5 years. • Services: Packet Page. 368 Exhibit A o Training: The vendor needs to propose a cost and schedule for training classes and materials as needed. o Migration: The vendor needs to propose a cost and schedule for migration efforts.  The migration plan should include suggested phases, timelines, and vendor and customer responsibilities. o The vendor needs to provide a single point of contact for problem resolution across hardware. o The vendor needs to provide a single point of contact for problem resolution across the software. o Any additional offerings. Vendors are encouraged to provide additional options with costs that would benefit the City. One such option for example, could include the ability to have full replication of data between the two data centers. Packet Page. 369 - 4 - EXHIBIT B CITY OF SAN BERNARDINO [***INSERT AGREEMENT NAME***] PROFESSIONAL SOFTWARE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [***INSERT NAME***] 1. PARTIES AND DATE. This Agreement is made and entered into this ____ day of ___________, 2021 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Vendor”). Vendor is registered with the State of California and permitted to conduct the types of sales and business services included in this Agreement. City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 City. City is a public agency of the State of California and is in need of professional software services for the following project: [***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”) 2.2 Vendor. Vendor desires to perform and assume responsibility for the provision of certain professional services including, but not limited to, software programming and on-going maintenance services as required by the City on the terms and conditions set forth in this Agreement. Vendor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] projects to public agency clients, is licensed in the State of California, and is familiar with the computing environment of the City. 2.3 Grant of License. Vendor hereby represents and warrants to City that Vendor is the owner of the Application Software, as defined herein, or otherwise has the right to grant to City the rights to use of the Application Software, as set forth in this Agreement and the attached License Agreement. 2.4 Project. City desires to engage Vendor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement. 2.5 Hardware Specifications. The Parties acknowledge and agree that the City has or will be purchasing certain hardware necessary for the proper operation of the Packet Page. 370 5 System, defined below, in reliance on the recommendations and specifications to be provided by Vendor. 3. DEFINITIONS 3.1 Acceptance. The term Acceptance as used in this Agreement shall refer to a thirty (30) day period following notification by the Vendor that the Application Software or any component or element thereof is ready for use. During this period, the City will test the System and if no Defects are reported, that component or element of the Application Software will be deemed Accepted. If Defects are reported, the Vendor will correct the Defect and a new Acceptance period will begin once the City has been notified by the Vendor. 3.2 Application Software. The term Application Software as used in this Agreement shall refer to the collection of software programs (i.e. executable code) provided to the City by Vendor that will perform the set of functions described in the Exhibit “B”. 3.3 Custom Software. The term Custom Software is computer programs developed under this Agreement that extends the functionality of the Application Software to include features specified or required as part of this Project and under this Agreement not originally part of the Vendor’s baseline or prior version of the Application Software. 3.4 Defect. The term Defect as used in this Agreement shall refer to any error or malfunction in the operation of the System under this Agreement that prevents the City or its agents or employees from using the Application Software to perform the features and functions proposed in Exhibit “B”. 3.5 Delivery. The term Delivery related to software shall mean the transfer and receipt (electronically) of the Application Software to the designated, City approved computing environment. Delivery of professional Services, as used in this Agreement, shall mean that the City’s designated agent under this Agreement has signed off on a given task or work order. 3.6 Final Acceptance. The term Final Acceptance as used in this Agreement shall be used to refer to the thirty (30) day period following the complete Acceptance and operation in productive use of all the components and elements of the System that is free of Defects. If Defects are reported by the City, the Vendor will correct the Defect(s) and notify the City after which a new Final Acceptance period will begin. 3.7 Installation. The term Installation as used in this Agreement shall refer to the loading of executable code necessary for the operation of the Application Software on one of the computing environments designated herein with the Platform Software. 3.8 License Agreement. The term License Agreement as used in this Agreement shall mean the license agreement(s) for the Application Software attached hereto as Exhibit “F”. Packet Page. 371 6 3.9 On-going Maintenance and Support Services. The term On-going Maintenance and Support Services as used in this Agreement shall mean those Services required for on-going Application Software maintenance and support. 3.10 Platform Software. The term Platform Software shall mean all of the server and client operating systems, utilities, objects, database software, and any 3rd Party software necessary to operate the Application Software as required by this Agreement. 3.11 Project. The term Project as used in this Agreement shall refer to all of the materials, labor and Services required to deliver the System. 3.12 Project Deliverables. The term Products as used in this Agreement shall refer to, collectively, the Application Software, Custom Software, Platform Software, Updates, Source Code and any other products, including intellectual property, provided by Vendor under this Agreement, as more specifically set forth in Exhibit “B”. 3.13 Project Services. The term Project Services as used in this Agreement shall mean those Services to be provided by Vendor in order to complete the Project, through Final Acceptance. 3.14 Services. The term Services as used in this Agreement shall mean, collectively, the Project Services and the On-going Maintenance and Support Services. 3.15 Source Code. The term Source Code as used in this Agreement shall refer to all programming language code, objects, stored procedures, utilities, and compilers necessary to generate executable code for all of the Application Software and Custom Software provided under this Agreement, including all user, technical and system documentation necessary for a reasonable person to understand how to operate all elements of the System. 3.16 System. The term System shall be used in this Agreement to refer to the collection of software, firmware, operating system, database system, hardware and peripherals necessary to operate the Application Software to perform the functions specified in Exhibit “B”. 3.17 Update. The term Update shall be used in this Agreement to refer to any bug fix, patch, enhancement, error correction, revision, performance improvement, new version, added features to or replacement of the Application Software, or any component or element thereof, designed to perform the same functions as the Application Software on any Platform Software or computing environment. 4. TERMS. 4.1 Incorporation of Documents and Recitals; Order of Precedence. The attached exhibits and the recitals set forth above are incorporated into this Agreement by reference as though fully set forth herein. Packet Page. 372 7 4.2 Scope of Services and Term. 4.2.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply [***INSERT TYPE OF PRODUCTS AND SERVICES***] necessary for the Project. The Project is more particularly described in Exhibit “A” (Statement of Work) attached hereto and incorporated herein by reference including definitions required for interpreting the services described. The Project 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. 4.2.2 On-Going Maintenance and Support Services. Vendor further promises and agrees to furnish to the City all labor (technical consulting, training, programming, etc.), software, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the On-going Maintenance Services as required hereunder. The On-going Maintenance and Support Services are more particularly described in Exhibit “G” (On-going Maintenance Services Statement of Work) attached hereto and incorporated herein by reference including, if applicable, definitions required for interpreting the services described. The On-going Maintenance and Support Services shall be subject to, and performed in accordance with, the applicable provisions of this Agreement and the attached exhibits, and all applicable local, state and federal laws, rules and regulations. 4.2.3 Term. 4.2.3.1 License Agreement. The term of the License Agreement shall continue in perpetuity, regardless of any termination of this Agreement or the provision by Vendor of On-going Maintenance and Support Services, as further set forth in the License Agreement. 4.2.3.2 On-going Maintenance and Support Services. The term of this Agreement as relates to the provision of On-going Maintenance and Support Services shall commence upon Final Acceptance and shall remain in effect for up to [***INSERT NUMBER***] (#) successive one (1) year periods, to be renewed annually in the City’s sole discretion. 4.2.3.3 Project Services. The term of this Agreement, as relates to the Project Services, shall commence on the Effective Date and shall terminate on the date of Final Acceptance. Notwithstanding the foregoing, the indemnification and warranty provisions of this Agreement shall remain in full force and effect as to such Services. 4.3 Responsibilities of Vendor. Packet Page. 373 8 4.3.1 Control and Payment of Subordinates; Independent Contractor. The Project Deliverables and Services shall be provided by Vendor or under its supervision. Vendor will determine the means, methods and details of performing Project subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor 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 Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Vendor 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. Vendor 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. 4.3.2 Schedule of Services. Vendor shall perform the Project Services expeditiously, within the term of this Agreement, and in accordance with the Project Plan, attached hereto as Exhibit “D” and incorporated herein by this reference. Vendor shall perform the On-Going Maintenance and Support Services in accordance with the schedule therefore included in Exhibit “G”. Vendor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Vendor’s conformance with the foregoing schedules, City shall respond to Vendor’s submittals in a timely manner. 4.3.3 Conformance to Applicable Requirements. All work prepared and Services performed by Vendor shall be subject to the approval of City. 4.3.4 Warranty. Vendor warrants that the Application Software shall perform as proposed and represented in Exhibit “B”. In addition, Vendor represents and warrants that, at Final Acceptance, the Application Software shall perform all of the functions specified in Exhibit “B”. 4.3.5 Substitution of Key Personnel. Vendor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows: [**INSERT NAMES***]. 4.3.6 Coordination of Services. Vendor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Vendors and other staff at all reasonable times. Packet Page. 374 9 4.3.7 Standard of Care; Performance of Employees. Vendor 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. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Vendor 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, Vendor 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 Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors 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 or from the provision of On-Going Maintenance and Support Services by the Vendor and shall not be re-employed to perform any of the Services or to work on the Project. 4.3.8 Regulatory Compliance. Vendor 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 and the On-Going Maintenance and Support Services, including all federal and state requirements, and shall give all notices required by law. Any and all Application Software provided under this Agreement shall be compliance with all relevant federal and state laws and regulations including, but not limited to IRS, Social Security, Federal Trade Commission, Homeland Security, California Public Employees Retirement System (CalPERS), and California Franchise Tax Board. Vendor shall be liable for all violations of such laws and regulations in connection with delivery of Products and Services under this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. Vendor 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. 4.3.9 Additional Provisions Related to On-going Maintenance and Support Services. 4.3.9.1 Defect Remediation. Vendor shall correct any reported Defects in a timely manner. Defects that result in the City’s inability to conduct its normal business operations may incur financial penalties as further described below. Packet Page. 375 10 4.3.9.2 Penalties. If Vendor cannot resolve the problem of a reported Defect within 48 hours, the Vendor shall pay the City $500 per day (24 hours) until the Defect is remedied and the City is able to resume its normal business operations. 4.3.9.3 Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties. 4.4 Party Representatives. 4.4.1 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 Contract. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 4.4.2 Vendor’s Representative. Vendor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his 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. 4.5 Insurance. [***INSURANCE COVERAGE TO BE REVIEWED BY RISK MANAGEMENT***] 4.5.1.1 Time for Compliance. Vendor shall not commence the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Vendor 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. 4.5.1.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subvendors’ policies of commercial general liability and Packet Page. 376 11 automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 4.5.1.3 Commercial General Liability (A) The Vendor 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. (B) 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. (C) Commercial General Liability Insurance must include coverage for the following: (a) Bodily Injury and Property Damage (b) Personal Injury/Advertising Injury (c) Premises/Operations Liability (d) Products/Completed Operations Liability (e) Aggregate Limits that Apply per Project (f) Explosion, Collapse and Underground (UCX) exclusion deleted (g) Contractual Liability with respect to this Contract\ (h) Broad Form Property Damage (i) Independent Vendors Coverage (D) 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. (E) 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. Packet Page. 377 12 (F) 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. 4.5.1.4 Automobile Liability. (A) At all times during the performance of the work under this Agreement, the Vendor 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. (B) 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). (C) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (D) 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. 4.5.1.5 Workers’ Compensation/Employer’s Liability. (A) Vendor 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. (B) To the extent Vendor has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Vendor 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. Vendor shall require all subvendors 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. 4.5.1.6 Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Vendor 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 Packet Page. 378 13 Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Vendor. “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. 4.5.1.7 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. 4.5.1.8 Minimum Policy Limits Required. (A) 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 limit (B) Defense costs shall be payable in addition to the limits. (C) 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. 4.5.1.9 Evidence Required. Prior to execution of the Agreement, the Vendor 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 Packet Page. 379 14 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. 4.5.1.10 Policy Provisions Required. (A) Vendor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Vendor 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 Vendor 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. (B) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Vendor’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. (C) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Vendor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Vendor 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. (D) 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 Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subvendors. (E) 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 Vendor from liability in excess of such coverage, nor shall it limit the Vendor’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. 4.5.1.11 Qualifying Insurers. (A) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum Packet Page. 380 15 requirements: 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. 4.5.1.12 Additional Insurance Provisions. (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Vendor, 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 Vendor pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (B) 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 Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement. (C) The City may require the Vendor to provide complete copies of all insurance policies in effect for the duration of the Project. (D) 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. 4.5.1.13 Subvendor Insurance Requirements. Vendor shall not allow any subcontractors or subvendors 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 subvendors 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 Vendor, City may approve different scopes or minimum limits of insurance for particular subcontractors or subvendors. 4.5.2 Safety. Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor 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. 4.6 Responsibilities of City. Packet Page. 381 16 4.6.1 City Support of Vendor. City shall furnish to the Vendor priority access to the System for the period of time reasonably required by the Vendor for Installation, testing, training, diagnostics, etc. City shall provide the following resources for Vendor's use in fulfillment of this Agreement: (a) City personnel upon reasonable request of Vendor to answer questions and advise Vendor on City's facilities, operations and requirements. (b) Input data in accordance with the agreed upon test and Acceptance procedures for use by the Vendor in Acceptance Testing. (c) Conversion format and procedures that the Vendor shall complete at its expense. (d) Upon completion of Installation and preliminary training, and following Final Acceptance, City shall be responsible for the operation and management of the System, exclusive of hardware maintenance and/or On-going Maintenance and Support Services, which shall be the responsibility of Vendor. 4.7 Fees and Payments. 4.7.1 Compensation for Project Services. The Parties agree that the payment schedule is a performance based payment schedule. Vendor shall receive compensation, including authorized reimbursements, for all Project Services and License Agreements rendered under this Agreement at the rates and in accordance with the compensation schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation for Project Services shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s Representative. 4.7.2 Compensation for On-going Maintenance and Support Services. Vendor shall receive compensation, including authorized reimbursements, for all On- going Maintenance and Support Services rendered under this Agreement at the rates set forth in Exhibit “C”. Notwithstanding any other provision of this Agreement, the Parties agree that payment for the first year of On-going Maintenance and Support Services shall be covered under the warranty for the System, included as part of the payment specified in Section 4.7.1 above, and no additional payment by the City shall be made for such services. 4.7.3 Process for Payment of Compensation; Itemized Statements. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor. The statement shall describe the nature and amount of Services provided; and shall clearly reflect charges against the items described in the “Compensation” set forth in Exhibit “C” since the initial commencement date, or Packet Page. 382 17 since the start of the subsequent billing periods, as appropriate, through the date of the statement. Statements not in conformance with the foregoing, or statements containing questions or ambiguities, shall be returned to the Vendor for correction. City shall, within forty-five (45) days of receiving a statement in conformance with the requirements contained herein, review the statement and process for payment all approved and undisputed charges thereon. 4.7.4 Partial Delivery. In the event that the Vendor fails to deliver all of the Application Software elements and Services included in the Project Deliverables, the City, at its sole option, may determine the value of the missing elements and withhold that amount from any payment due to Vendor. Alternatively, or in addition, as required to cover the value of the missing elements, Vendor shall submit to the City a cashier’s check for said amount and present it to the City, to be held as a “Project Bond” until the missing elements have been satisfactorily delivered and Accepted. Upon Acceptance of the missing elements, the City shall return the cashier’s check along with any withheld payment amounts, as applicable. If the Vendor fails to satisfactorily deliver the missing elements, the City may cash the cashier’s check and use the withheld monies to complete the outstanding deliverables with its own forces, or through any other available vendor or consultant. 4.7.5 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless included in Exhibit “C”, Exhibit “D”, or authorized in writing and in advance by City. 4.7.6 Modification of Scope. The City may, at any time, request a modification to the Project, or the Statement of Work for the Project Services or the On- going Maintenance and Support Services by submitting written notice to Vendor specifying the desired modifications. Vendor shall provide a written quote for the increased, changed or decreased Services within five (5) working days of receipt of City’s written request. Vendor shall suspend any Services following receipt of the City’s written request until final written agreement is reached on the requested modification. The Parties shall then negotiate in good faith any increased or decreased charges related to the requested modification. No request for modification shall be effective until a final agreement between the Parties has been reached, and either a written amendment to this Agreement, or a change order is executed by both Parties. No oral request for modification of Services shall be binding on either Party. 4.7.7 Discounts. Vendor shall identify applicable discounts and discount time periods from published list prices for any future Application Software or additional copies of purchased Application Software. [***TO BE ALTERED BASED ON PROCUREMENT PROCESS***] Should any discounts be announced that would normally apply to the City following the initial submission of the response, but before the Agreement is signed, the City reserves the right to take the lesser of the proposed prices or the discounted price. 4.8 Accounting Records. Packet Page. 383 18 4.8.1 Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor 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. Vendor 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. 4.9 General Provisions. 4.9.1 Termination of Agreement. 4.9.1.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. Vendor may not terminate this Agreement except for cause. 4.9.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished Documents & Data, as defined herein, and other information of any kind prepared by Vendor in connection with the performance of Services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request. 4.9.1.3 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. 4.9.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: City City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: [***INSERT DEPARTMENT HEAD TITLE OR “City Manager”***] Vendor [***INSERT NAME***] [***INSERT ADDRESS***] [***INSERT ADDRESS***] Attn: [***INSERT NAME***] 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 Packet Page. 384 19 occurred, regardless of the method of service. 4.9.3 Ownership of Materials and Confidentiality. 4.9.3.1 Documents & Data; Licensing of Intellectual Property. Excluding materials and data already owned by the Vendor prior to this Agreement, this Agreement creates a non-exclusive, irrevocable, and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, software programming, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on digital media, including, without limitation, any Computer Aided Design and Drafting (“CADD”) data, which are prepared or caused to be prepared by Vendor under this Agreement (“Documents & Data”). Vendor shall require all subcontractors to agree in writing that City is granted a non-exclusive, irrevocable, and perpetual license for any Documents & Data, and Custom Software solutions the subcontractor prepares under this Agreement. Vendor represents and warrants that Vendor has the legal right to license any and all Documents & Data. Vendor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Vendor or provided to Vendor by the City. City shall not be limited in any way in its use of the Documents & Data or Custom Software at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. Any CADD data delivered to City shall not include the professional stamp or signature of an engineer, architect, or any other licensed professional, but shall be followed with a hard copy with such stamp or signature. 4.9.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Vendor in connection with the performance of this Agreement shall be held confidential by Vendor. Such materials shall not, without the prior written consent of City, be used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Vendor which is otherwise known to Vendor or is generally known, or has become known, to the related industry shall be deemed confidential. Vendor shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 4.9.3.3 Intellectual Property Indemnification. Vendor shall defend, indemnify, and hold harmless City, officials, officers, employees, volunteers and agents against any and all claims against City based upon allegations that Vendor has wrongfully utilized Intellectual Property of others in performing work pursuant to this Agreement or that City has wrongfully used Intellectual Property developed by Vendor pursuant to this Agreement. Packet Page. 385 20 4.9.4 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. 4.9.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 4.9.6 Indemnification. To the extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts or omissions or willful misconduct of Vendor, its officials, officers, employees, agents, Vendors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all damages and attorneys’ fees and other related costs and expenses. Vendor shall defend, at Vendor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Vendor shall pay and satisfy any such judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Vendor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers 4.9.7 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. If there are any conflicts in language in referenced or related agreements, the language in this Agreement shall prevail. Exhibits to this Agreement will include (if not provided for in the main Agreement) the following: Exhibit A – Statement of Work Exhibit B – Project Deliverables Exhibit C – Compensation Exhibit D – Project Plan Exhibit E – Escrow Agreement Exhibit F – Software License Agreement(s) Packet Page. 386 21 Exhibit G – Scope of Ongoing Maintenance 4.9.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. 4.9.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 4.9.10 City’s Right to Employ Other Vendors. City reserves the right to employ other Vendors in connection with this Project. 4.9.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 4.9.12 Assignment or Transfer. Vendor 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. 4.9.13 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 workdays. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected 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. 4.9.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4.9.15 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. 4.9.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 4.9.17 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. Packet Page. 387 22 4.9.18 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide agent of the Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 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. 4.9.19 Equal Opportunity Employment. Vendor 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. 4.9.20 Authority to Enter Agreement. Vendor 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. 4.9.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 4.10 Subcontracting. 4.10.1 Prior Approval Required. Vendor 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. 4.11 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. Packet Page. 388 23 SIGNATURE PAGE FOR PROFESSIONAL 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. LICENSOR CITY OF SAN BERNARDINO APPROVED BY: [***INSERT NAME***] City Manager ATTESTED BY: [***INSERT NAME***] City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney LICENSEE [***INSERT NAME***] Signature Name Title Packet Page. 389 24 EXHIBIT A EXHIBIT “A” STATEMENT OF WORK Services provided shall include all requirements specified in the Project Bid. [***INSERT SERVICES***] Packet Page. 390 25 EXHIBIT B EXHIBIT “B” PROJECT DELIVERABLES This will be the list(s) of specific software features and functions requested. [***INSERT PROJECT DELIVERABLES***] Packet Page. 391 26 EXHIBIT C EXHIBIT “C” COMPENSATION [***INSERT RATES OF COMPENSATION***] Packet Page. 392 27 EXHIBIT D EXHIBIT “D” PROJECT PLAN [***INSERT SCHEDULE OF SERVICES***] Packet Page. 393 28 EXHIBIT E EXHIBIT “E” ESCROW AGREEMENT If applicable, this will include any Escrow Agreement for the management of source code associated with this Agreement. [***DELETE EXHIBIT IF ESCROW NOT USED***] Packet Page. 394 29 EXHIBIT F EXHIBIT “F” SOFTWARE LICENSE AGREEMENTS This will include all related software license agreements for the Application Software and Platform Software, if applicable. 1. License in Perpetuity. The license to use all the Application Software shall be irrevocable and in perpetuity and shall not require an annual license fee for continued use after the initial warranty period, and shall survive any termination of this Agreement or the provision of On-going Maintenance and Support Services. 2. Right to Grant License; Remedies for Breach. Vendor represents and warrants to City that Vendor is the owner of the Application Software, or otherwise has the right to grant to City the rights to use of the Application Software. In the event of any breach or threatened breach of the foregoing representation and warranty, City may, at its sole discretion, require Vendor to: i) procure, at Vendor's expense, the right to use the Application Software, ii) replace the Application Software or any part thereof that is in breach and replace it with software of comparable functionality, as determined by the City, that does not cause any breach, or iii) refund to City the full amount paid by the City for the Project upon the return of the Application Software and all copies thereof to Vendor. 3. Application Software Licensing Provisions 3.1 Source Code Escrow. Source code licensed for use under this License Agreement shall be protected and maintained in a source code escrow account that is kept current with all software releases, technical and user documentation so that in the event the Vendor is unable to perform according to the terms of this License Agreement by reason of bankruptcy, acquisition, or termination of the line of business operations for any other reason, the City shall be entitled to all of the then current source code, technical and user documentation so that it may continue operational use of the Application Software without Vendor restrictions. [***DELETE IF ESCROW WILL NOT BE USED***] 3.2 Disabling Code. The Vendor stipulates that there is no disabling code contained in the Application Software that would render the System unusable if certain events or actions do not occur. 3.3 Backup/Disaster Recovery. The City shall have the rights to install the Application Software on a backup/disaster recovery computer environment for the purposes of dynamic or static replication at a hotsite or backup data center. In the event the primary data center at which the Application Software is hosted is inoperable or otherwise unavailable, the City may use the backup version without additional licensing or other charges until the primary site is available again. 3.4 Development and Test Environments. The City shall be entitled to install and configure the Application Software on additional computing environments (servers, hosts, clients) for the purpose of development and/or testing. Packet Page. 395 30 EXHIBIT F 4. Updates/Platform Protection. Vendor expressly agrees that the continuous payment for On-going Maintenance and Support Services hereunder shall entitle the City to all Updates released by Vendor (or the Application Software manufacturer), at no additional cost to the City, regardless of the operating system or database platform on which the Updates operate. Vendor shall, on a quarterly basis, make the City aware of any available Updates. Updates shall be installed only after completion, to City’s satisfaction, of reasonable testing in a City test environment. The City shall only be responsible for data conversion and/or training costs associated with the Update, which shall be at the Vendor’s then current standard rates charged to similar customers for similar services, and as shall be agreed upon in writing, in advance by the Parties. Packet Page. 396 Exhibit B EXHIBIT “G” SCOPE OF ONGOING-MAINTENANCE [***INSERT SCOPE OF ON-GOING MAINTENANCE SERVICES***] Packet Page. 397 Exhibit C [***OPTIONAL: IF FEDERAL FUNDS ARE INVOLVED, ATTACH FEDERAL FUNDING REQUIREMENTS - DELETE THIS EXHIBIT OTHERWISE***] EXHIBIT C FEDERAL REQUIREMENTS [***INSERT APPLICABLE FEDERAL REQUIREMENTS – REQUIREMENTS WILL CHANGE BASED ON FUNDING SOURCE***] Packet Page. 398 1 8 2 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Rolland Kornblau, Director of Technology Department:Public Works Subject:Request for Purchase Authorization for network Refresh (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 Goods Purchase Agreement with Sehi Computer Products, Inc. for purchasing network hardware using the NASPO contract, as approved for funding through the FY 2023/24 Operating Budget: 2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $640,000 to Sehi Computer Products, Inc. Executive Summary A purchase order not to exceed $600,000 is requested for the purchase of network hardware. The equipment is necessary to improve the City‘s network speed and resilience as it will replace end-of-life hardware. Funding for this purchase was authorized by the City Council as part of the Strategic Targets and Goals (Improved Operational & Financial Capacity). This project began with the replacement of Firewalls and Core Switches as approved in Resolution No. 2022-54. This project will continue with replacing the remaining switches and wireless in VANIR, 201 E Street, Facilities, Animal Services, and Public Safety. Background The Information Technology Department is responsible for the maintenance, repair, Packet Page. 399 1 8 2 7 and function of City-owned network hardware. The Mayor and City Council approved a budget in Resolution No. 2022-44 to begin the process of upgrading the network hardware in the City. Newer equipment is needed to complete the upgrade. This equipment will allow 10 GB speed within City buildings. As more services are provided by Cloud Computing, the City must upgrade its infrastructure. Discussion Information Technology is proposing to complete the network hardware upgrade that began shortly after budget approval in March 2022. The City needs to upgrade network switches and wireless in VANIR, Public Safety, 201 E Street, Facilities, and Animal Services buildings. Quotes were generated from 3 vendors. Sehi was selected as they submitted the lowest price using the NASPO (National Association of State Procurement Officials) contract. 2021-2025 Strategic Targets and Goals This project is aligned with Key Target No. 1: Improved Operational & Financial Capacity. Approval of this purchase will reduce the risk of potential outages of the network and improve the speed. Fiscal Impact The General Fund impact is $600,000 and is appropriated in the FY2023/24 budget. The purchase order amount of $600,000 will allow for the purchase of network equipment to replace hardware at VANIR, Public Safety, 201 E Street, Facilities and Animal Services 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 Goods Purchase Agreement with Sehi Computer Products, Inc. for purchasing network hardware using the NASPO contract, as approved for funding through the FY 2023/24 Operating Budget: 2. Authorize the Director of Finance to issue a purchase order in the amount not to exceed $600,000 to Sehi Computer Products, Inc. Attachments Attachment 1 - Sehi Quote Attachment 2 - CDWG Quote Attachment 3 - MegaBuy Computer Store Quote Attachment 4 - Sehi Goods Purchase Agreement Packet Page. 400 1 8 2 7 Attachment 5 – NASPO Contract Attachment 6 – NASPO California Addendum Ward: All Wards Synopsis of Previous Council Actions: June 15, 2022 The Mayor and City Council approved the purchase of equipment for the initial Network Refresh Packet Page. 401 SBC401 Master No. Quote 290 North "D" Street Rolland Kornblau / For 201 Building San Bernardino CA 92401 1 Q00146076 1/11/2024 Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Date Page City of San Bernardino Q00146076 BEST Net 30 439,634 Sehi Computer Products, Inc. 1275 Puerta Del Sol San Clemente, CA 92673 1-800-346-6315 rebeccar City of San Bernardino 290 North "D" Street Accounts Payable / Rolland Kornblau San Bernardino, CA 92401 $2,721.00 $19,047.00 Each 7 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $3,892.00 Each 7 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $8,722.00 Each 14 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $55,930.00 Each 7 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $105.00 $105.00 Each 1 Q9G69A HPE Aruba (10pk) Mount Bracket (Type-B) f/Wireless AP - 510 S $150.00 $1,500.00 Each 10 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $4,375.00 Each 7 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $264.00 $264.00 Each 1 R0M47A HPE Aruba 50G SFP56 to SFP56 3m DAC Cable $924.00 $9,240.00 Each 10 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $14,273.00 Each 7 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Pricing on this quote is only good thru 2/9. For 201 Building For 201 Building $117,348.00 $0.00 $8,087.29 $0.00 $0.00 Subtotal Misc Tax Freight Trade Discount Total $125,435.29 Packet Page. 402 SBC401 Master No. Quote 290 North "D" Street Rolland Kornblau / For PD Main and SubStation San Bernardino CA 92401 1 Q00146078 1/17/2024 Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Date Page City of San Bernardino Q00146078 BEST Net 30 439,636 Sehi Computer Products, Inc. 1275 Puerta Del Sol San Clemente, CA 92673 1-800-346-6315 rebeccar City of San Bernardino 290 North "D" Street Accounts Payable / Rolland Kornblau San Bernardino, CA 92401 $2,721.00 $27,210.00 Each 10 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $5,560.00 Each 10 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $12,460.00 Each 20 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $79,900.00 Each 10 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $105.00 $105.00 Each 1 Q9G69A HPE Aruba (10pk) Mount Bracket (Type-B) f/Wireless AP - 510 S $150.00 $1,500.00 Each 10 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $6,250.00 Each 10 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $264.00 $792.00 Each 3 R0M47A HPE Aruba 50G SFP56 to SFP56 3m DAC Cable $924.00 $9,240.00 Each 10 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $16,312.00 Each 8 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC Pricing on this quote is only good thru 2/9. For PD Main and SubStation For PD Main and SubStation $159,329.00 $0.00 $10,882.29 $0.00 $0.00 Subtotal Misc Tax Freight Trade Discount Total $170,211.29 Packet Page. 403 SBC401 Master No. Quote 290 North "D" Street Rolland Kornblau / For Vanir Tower San Bernardino CA 92401 1 Q00146079 1/17/2024 Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Date Page City of San Bernardino Q00146079 BEST Net 30 439,637 Sehi Computer Products, Inc. 1275 Puerta Del Sol San Clemente, CA 92673 1-800-346-6315 rebeccar City of San Bernardino 290 North "D" Street Accounts Payable / Rolland Kornblau San Bernardino, CA 92401 $0.00 $0.00 Each 1 SEHI MISC For Vanir Tower, 1st Floor: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC -------------------------------- $0.00 $0.00 Each 1 SEHI MISC For Vanir Tower, 3rd Floor: $2,721.00 $5,442.00 Each 2 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $2,224.00 Each 4 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $2,492.00 Each 4 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $15,980.00 Each 2 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $1,250.00 Each 2 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $264.00 $264.00 Each 1 R0M47A HPE Aruba 50G SFP56 to SFP56 3m DAC Cable $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC -------------------------------- $0.00 $0.00 Each 1 SEHI MISC For Vanir Tower, 8th Floor: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 Packet Page. 404 SBC401 Master No. BEST Net 30 City of San Bernardino 2 Q00146079 1/17/2024 Q00146079 439,637 Purchase Order No.Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Quote Date Page 290 North "D" Street Rolland Kornblau / For Vanir Tower San Bernardino CA 92401 Sehi Computer Products, Inc. 1275 Puerta Del Sol San Clemente, CA 92673 1-800-346-6315 rebeccar City of San Bernardino 290 North "D" Street Accounts Payable / Rolland Kornblau San Bernardino, CA 92401 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC ------------------------------------ Pricing on this quote is only good thru 2/9. For Vanir Tower $69,832.50 $0.00 $4,821.18 $0.00 $0.00 Subtotal Misc Tax Freight Trade Discount Total $74,653.68 Packet Page. 405 SBC401 Master No. Quote 290 North "D" Street Rolland Kornblau / For Wan HW Upgrade San Bernardino CA 92401 1 Q00146081 1/17/2024 Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Date Page City of San Bernardino Q00146081 BEST Net 30 439,639 Sehi Computer Products, Inc. 1275 Puerta Del Sol San Clemente, CA 92673 1-800-346-6315 rebeccar City of San Bernardino 290 North "D" Street Accounts Payable / Rolland Kornblau San Bernardino, CA 92401 $0.00 $0.00 Each 1 SEHI MISC For 5th Senior Center: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC $825.00 $825.00 Each 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORS & SIPricing for this item is only good thru 1/30. ----------------------------------- $0.00 $0.00 Each 1 SEHI MISC For Animal Services: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $67.50 Each 5 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $750.00 Each 5 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $924.00 $4,620.00 Each 5 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC $329.00 $329.00 Each 1 SRWO16US TrippLite Wall Mount Open Frame Rack (16U) 2-Post Hinged Fron ----------------------------------- $0.00 $0.00 Each 1 SEHI MISC For CID: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Packet Page. 406 SBC401 Master No. BEST Net 30 City of San Bernardino 2 Q00146081 1/17/2024 Q00146081 439,639 Purchase Order No.Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Quote Date Page 290 North "D" Street Rolland Kornblau / For Wan HW Upgrade San Bernardino CA 92401 Sehi Computer Products, Inc. 1275 Puerta Del Sol San Clemente, CA 92673 1-800-346-6315 rebeccar City of San Bernardino 290 North "D" Street Accounts Payable / Rolland Kornblau San Bernardino, CA 92401 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC $825.00 $825.00 Each 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORS & SIPricing for this item is only good thru 1/30. ----------------------------------- $0.00 $0.00 Each 1 SEHI MISC For Delmann Heights: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC $825.00 $825.00 Each 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORS & SIPricing for this item is only good thru 1/30. ----------------------------------- $0.00 $0.00 Each 1 SEHI MISC For Feldheym: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC $825.00 $825.00 Each 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORS & SIPricing for this item is only good thru 1/30. ----------------------------------- $0.00 $0.00 Each 1 SEHI MISC For Lytle Creek: Packet Page. 407 SBC401 Master No. BEST Net 30 City of San Bernardino 3 Q00146081 1/17/2024 Q00146081 439,639 Purchase Order No.Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Quote Date Page 290 North "D" Street Rolland Kornblau / For Wan HW Upgrade San Bernardino CA 92401 Sehi Computer Products, Inc. 1275 Puerta Del Sol San Clemente, CA 92673 1-800-346-6315 rebeccar City of San Bernardino 290 North "D" Street Accounts Payable / Rolland Kornblau San Bernardino, CA 92401 $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC $825.00 $825.00 Each 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORS & SIPricing for this item is only good thru 1/30. ----------------------------------- $0.00 $0.00 Each 1 SEHI MISC For Norton Gym: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC $825.00 $825.00 Each 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORS & SIPricing for this item is only good thru 1/30. ----------------------------------- $0.00 $0.00 Each 1 SEHI MISC For Perris Hill: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 Packet Page. 408 SBC401 Master No. BEST Net 30 City of San Bernardino 4 Q00146081 1/17/2024 Q00146081 439,639 Purchase Order No.Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Quote Date Page 290 North "D" Street Rolland Kornblau / For Wan HW Upgrade San Bernardino CA 92401 Sehi Computer Products, Inc. 1275 Puerta Del Sol San Clemente, CA 92673 1-800-346-6315 rebeccar City of San Bernardino 290 North "D" Street Accounts Payable / Rolland Kornblau San Bernardino, CA 92401 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC $825.00 $825.00 Each 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORS & SIPricing for this item is only good thru 1/30. ----------------------------------- $0.00 $0.00 Each 1 SEHI MISC For Ruben Campos: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC $825.00 $825.00 Each 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORS & SIPricing for this item is only good thru 1/30. ----------------------------------- $0.00 $0.00 Each 1 SEHI MISC For Rudy Center: $2,721.00 $2,721.00 Each 1 HR4R2E HPE Aruba 3y FC (24x7/4H) OnSite - 6300M Switch 48 (SR) PoE $556.00 $556.00 Each 1 J9150D HPE Aruba 10G SFP+ LC SR 300m MMF Transceiver $623.00 $1,246.00 Each 2 JL087A#ABA HPE Aruba X372 Power Supply (1050W) - Hot Plug (54V DC) - US $7,990.00 $7,990.00 Each 1 JL659A HPE Aruba 6300M Ethernet Switch - 48P - Manageable 3L Supp $13.50 $40.50 Each 3 R3J16A HPE Aruba Mounting Bracket (B) f/Wireless AP 530 Series Campu $150.00 $450.00 Each 3 Q9Y59AAE HPE Aruba 3y Central Foundation AP Sub LIC - E-STU $625.00 $625.00 Each 1 Q9Y79AAE HPE Aruba 3yr Central Found 63/38XX F E-Stu PL-N6 $924.00 $2,772.00 Each 3 R7J39A HPE Aruba AP-655 (US) Campus AP $0.00 $0.00 Each 1 NASPO-HPN-CA WSCA-NASPO DataComm Contract AR3228 PA 7-20-70-47-04 $2,039.00 $2,039.00 Each 1 SMTL1000RM2UCNC APC Smart-UPS Lithium-Ion Short Depth 1000VA 120V with SmartC $825.00 $825.00 Each 1 SR18UB SR18UB 18U RACK ENCLOSURE SVR CABINET 33IN DEEP W/ DOORS & SIPricing for this item is only good thru 1/30. ----------------------------------- Pricing on this quote is only good thru 2/9 unless Packet Page. 409 SBC401 Master No. BEST Net 30 City of San Bernardino 5 Q00146081 1/17/2024 Q00146081 439,639 Purchase Order No.Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Quote Date Page 290 North "D" Street Rolland Kornblau / For Wan HW Upgrade San Bernardino CA 92401 Sehi Computer Products, Inc. 1275 Puerta Del Sol San Clemente, CA 92673 1-800-346-6315 rebeccar City of San Bernardino 290 North "D" Street Accounts Payable / Rolland Kornblau San Bernardino, CA 92401 otherwise noted above. For Wan HW Upgrade $194,324.00 $0.00 $13,655.87 $0.00 $0.00 Subtotal Misc Tax Freight Trade Discount Total $207,979.87 Packet Page. 410 12/28/23, 4:16 PM CDW | Shopping Cart https://www.cdwg.com/cart/index 1/5 HPE Aruba 6300M - switch - 48 ports - managed - rack- mountable MFG Part: JL659A CDW Part: 6039477 UNSPSC: ITEM AVAILABILITY PRICE QUANTITY ITEM TOTAL 4-6+ Weeks Expected in-stock date for this item is between 4-6 weeks. Item will ship once it is in stock. $10,872.74 $10,354.99 My CDW●G Price $321,004.69  Top Recommendations $597,673.20 Lease Option Pricing ? $15,862.25 / Month Order Summar y Subtotal: Tax and Shipping calculated at checkout. Checkout Continue Shopping Shopping Car t Sign in to Save this Cart, View Saved Carts or E-mail this Cart Add ADD ITEM TO CART Enter CDW# or MFG# 31 | { u (14) C2G 6in Cat6 Unshielded... $4.74 My CDW●G PriceAdd to Cart (52) APC Back-UPS 600VA 7-... $75.99 My CDW●G PriceAdd to Cart (5) NETGEAR A6150 - network... $43.69 My CDW●G PriceAdd to Cart Hardware Software Services IT Solutions Brands Research Hub 373 ItemsWhat can we help you find today? Notifications Sign In Packet Page. 411 12/28/23, 4:16 PM CDW | Shopping Cart https://www.cdwg.com/cart/index 2/5 HPE Aruba X372 - Power Supply - Hot-Plug / Redundant - 1050 Watt MFG Part: JL087A#ABA CDW Part: 4360871 UNSPSC: HPE Aruba - SFP+ Transceiver Module - 10 GigE MFG Part: J9150D CDW Part: 4919570 UNSPSC: HPE Aruba AP-655 (US) - Campus - wireless access point - Wi-Fi 6E, 802.11a/ MFG Part: R7J39A CDW Part: 6829172 UNSPSC: 43222640 HPE Aruba AP-MNT-B Campus AP Type B Mount Bracket Kit MFG Part: R3J16A CDW Part: 5617107 UNSPSC: In Stock Orders placed today ship the next business day by a CDW partner. $1,479.00 $968.99 My CDW●G Price $60,077.38  Top Recommendations In Stock Orders placed today ship the next business day by a CDW partner. $1,322.00 $864.49 My CDW●G Price $19,883.27  Top Recommendations In Stock Orders placed today ship the next business day by a CDW partner. $2,195.00 $1,393.64 My CDW●G Price $85,012.04  Top Recommendations In Stock Orders placed today ship the next business day by a CDW partner. $32.00 $24.22 My CDW●G Price $1,477.42  Top Recommendations 62 | { u 23 | { u 61 | { u 61 |{ u Packet Page. 412 12/28/23, 4:16 PM CDW | Shopping Cart https://www.cdwg.com/cart/index 3/5 HPE Aruba Central Foundation - subscription license (3 years) - 1 switch (4 MFG Part: Q9Y79AAE CDW Part: 6487813 UNSPSC: HPE Aruba Central Foundation - subscription license (3 years) - 1 access po MFG Part: Q9Y59AAE CDW Part: 6483096 UNSPSC: HPE Aruba 50GBase direct attach cable - 10 ft MFG Part: R0M47A CDW Part: 5852561 UNSPSC: 26121609 APC Smart-UPS 1000VA Lithium-Ion SmartConnect Port with Network Card 2U MFG Part: SMTL1000RM2UCNC CDW Part: 6706480 UNSPSC: In Stock $1,485.00 $943.34 My CDW●G Price $29,243.54  Top Recommendations In Stock $355.00 $207.09 My CDW●G Price $12,632.49  Top Recommendations 4-6+ Weeks Expected in-stock date for this item is between 4-6 weeks. Item will ship once it is in stock. $629.00 $435.24 My CDW●G Price $2,176.20  Top Recommendations In Stock Orders placed today ship the next business day by a CDW partner. $3,330.00 $2,106.14 My CDW●G Price $58,971.92  Top Recommendations 31 | { u 61 | { u 5 |{ u 28 | { u Packet Page. 413 12/28/23, 4:16 PM CDW | Shopping Cart https://www.cdwg.com/cart/index 4/5 Tripp Lite 18U Rack Enclosure Server Cabinet 33" Deep w/ Doors & Sides MFG Part: SR18UB CDW Part: 3036685 UNSPSC: Tripp Lite Wallmount Open Frame Rack 16U 2-Post Hinged Front Heavy Duty MFG Part: SRWO16US CDW Part: 6705679 UNSPSC: In Stock Expected in-stock date for this item is between 10-12 days. Item will ship once it is in stock. $1,339.00 $762.84 My CDW●G Price $6,865.56  3-5+ Days Expected in-stock date for this item is between 3-5 days. Item will ship once it is in stock. $576.58 $328.69 My CDW●G Price $328.69  Sign in to Save this Cart, View Saved Carts or E-mail this Cart Update All | Remove All Top Rated Products (12) 9 | { 1 | { (1) StarTech.com 50x50x41mm Sock... $9.49 My CDW●G PriceAdd to Cart (1) StarTech.com TX3 Dual Ball Bearing... $7.59 My CDW●G PriceAdd to Cart (10) Cyber Acoustics CA- 3908 - speaker... $103.54 My CDW●G PriceAdd to Cart (1) StarTech.com 60x25mm Dual Ball... $8.54 My CDW●G PriceAdd to Cart (1) Pelican Micro Case 1010 - case $20.89 My CDW●G PriceAdd to Cart  Packet Page. 414 12/28/23, 4:16 PM CDW | Shopping Cart https://www.cdwg.com/cart/index 5/5 Copyright © 2007 - 2023 CDW. All Rights Reserved. CDW®, CDW•G® and PEOPLE WHO GET IT® are registered trademarks of CDW LLC. All other trademarks and registered trademarks are the sole property of their respective owners. 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Products not in stock will be placed on backorder. If ETA is not available, please contact us for details. Date Accessed: December 22, 2023, 10:57 am Pricing subject to change All Orders are subject to our acceptance. Please see Shipping & Returns Policy for details. Availability: [R0M47A] HPE ARUBA 50G SFP 56 to SFP 56 3M DAC CABLE () *** $730.54 5 $3,652.70 Availability: [Q9Y79AAE] HPE Aruba Central Switch 63xx/38xx Foundation Subscription 3yr E-STU () *** $1,757.61 31 $54,485.91 Availability: [HR4R2E] HPE ARUBA 3Y FC 4H OS HW 6300M 48 SR POESVC (DD) $4,910.16 31 $152,214.96 Out of Stock Out of Stock Online Only Packet Page. 418 12/21/23, 3:57 PM Shopping Cart | MegaBuy Computer Store Cheap Computer Shop https://www.megabuy.com.au/shopping-cart.html 4/4 All prices include GST. Use of this website is subject to Conditions of Use. Copyright © 2023 MegaBuy Computer Store Online Computer Store ABN: 74 122 995 859 Packet Page. 419 Packet Page. 420 Packet Page. 421 Packet Page. 422 Packet Page. 423 Packet Page. 424 Packet Page. 425 Packet Page. 426 Packet Page. 427 Packet Page. 428 Packet Page. 429 Packet Page. 430 Packet Page. 431 Packet Page. 432 Packet Page. 433 Packet Page. 434 Packet Page. 435 Packet Page. 436 Packet Page. 437 Packet Page. 438 Packet Page. 439 Packet Page. 440 Packet Page. 441 Packet Page. 442 Packet Page. 443 Packet Page. 444 Packet Page. 445 Packet Page. 446 Packet Page. 447 Packet Page. 448 Packet Page. 449 Packet Page. 450 Packet Page. 451 Packet Page. 452 Packet Page. 453 Packet Page. 454 Packet Page. 455 Packet Page. 456 Packet Page. 457 Packet Page. 458 Packet Page. 459 Packet Page. 460 Packet Page. 461 Packet Page. 462 Packet Page. 463 Packet Page. 464 Packet Page. 465 Packet Page. 466 Packet Page. 467 Packet Page. 468 Packet Page. 469 Packet Page. 470 Packet Page. 471 Packet Page. 472 Packet Page. 473 Packet Page. 474 Packet Page. 475 Packet Page. 476 Packet Page. 477 Packet Page. 478 Packet Page. 479 Packet Page. 480 Packet Page. 481 Packet Page. 482 Packet Page. 483 Packet Page. 484 Packet Page. 485 Packet Page. 486 Packet Page. 487 Packet Page. 488 Packet Page. 489 Packet Page. 490 Packet Page. 491 Packet Page. 492 Packet Page. 493 Packet Page. 494 Packet Page. 495 1 8 8 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Rolland Kornblau, Director of Information Technology; Department:Information Technology Subject:CALNET Contract for Verizon and ATT (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the CALNET contract with ATT and Verizon authorizing: 1. The City Manager or designee to execute the ATT CALNET contracts. The ATT CALNET contract is estimated to be $1,000.00 per year. 2. The City Manager or designee to execute the Verizon CALNET contracts. The Verizon CALNET contract is estimated to be $16,178.40 per year. Executive Summary CALNET is a competitively bid contract negotiated by the State of California Department of Technology (CDT). City Hall and the police department use CALNET contracts for Verizon and ATT to purchase wireless data and cellular services. ATT and Verizon utilize the CALNET contract pricing for services provided to the City. The contract is being renewed and both providers are requesting signatures on the updated contracts provided to the City. Background CALNET Contracts provide easy access to telecommunications and network services by enabling customers to order services using a simple form. This eliminates the often costly and lengthy procurement process while sparing the customer agency the burden of managing a contract. The customer can trust that the services have been developed with the best practices in requirements, service level agreements, procurement terms Packet Page. 496 1 8 8 9 and conditions, and competitive pricing. Higher standards of service performance than those offered in the industry are often achieved. City Hall and the police department have used CALNET contracts for Verizon and ATT to purchase wireless data and cellular services. The City of San Bernardino has 4 Basic Business Access Lines (POTS). On the new contract, these will stay at under $12 each (plus taxes and surcharges). If the City does not transition these before CALNET 3 expires, they will be charged at tariff/guidebook rates. Most recent prices were nearing $1000 each. Discussion The CALNET contract is being updated and to keep the current pricing structure, the City must renew the contract. The City, including public safety, has been using the CALNET contract for competitive pricing for many years. The most recent renewal took place in 2001. This contract can be canceled at any time but allows the city to procure services from ATT and Verizon with favorable pricing. 2021-2025 Strategic Targets and Goals The CALNET contract aligns with Key Target No. 1: Improved Operational & Financial Capacity. Fiscal Impact The Verizon CALNET contract is estimated to be $16,178.40 per year. There is sufficient funding in the Fiscal Year 2023/24 Budget to cover this cost. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the CALNET contract with ATT and Verizon authorizing: 1. The City Manager or designee to execute the ATT CALNET contracts. The ATT CALNET contract is estimated to be $1,000.00 per year. 2. The City Manager or designee to execute the Verizon CALNET contracts. The Verizon CALNET contract is estimated to be $16,178.40 per year. Attachments 1. Attachment 1 – ATT CALNET NESPA 2. Attachment 2 – ATT CALNET Legacy 3. Attachment 3 – ATT CALNET DNCS 4. Attachment 4 – Verizon CALNET NESPA 5. Attachment 5 – Verizon CALNET DNCS Packet Page. 497 1 8 8 9 Ward: All Wards Synopsis of Previous Council Actions: On June 6, 2021, the Mayor and City Council adopted Resolution No. 7383, approving an agreement with CALNET On November 17, 2021, the Mayor and City Council adopted Resolution No. 8614, approving an agreement with CALNET Packet Page. 498 Revised 10/14/22 DEPARTMENT OF TECHNOLOGY NON-STATE ENTITY SERVICE POLICY AND AGREEMENT (NESPA) The California Network and Telecommunications Program (CALNET) service offerings are primarily intended to meet State entity requirements. However, CALNET services may be purchased by qualified non-State entities. To use the CALNET Next Generation of contracts, non-State entities are required to self-certify that their organization qualifies for one of the CALNET eligibility criteria below. Authorized Entity Criteria ☐Local government entities are defined as “any city, county, city and county, district or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology or services” per Public Contract Code Chapter 2, Paragraph 10298 (a) (b). While the State makes this contract available to local governmental entities, each local governmental entity should determine whether this contract is consistent with its procurement policies and regulations. ☐100% tax supported governmental entity ☐A governmental entity with a Joint Powers Agreement (JPA) ☐Federally recognized Indian Tribe NON-STATE ENTITY INFORMATION REQUESTING NON-STATE ENTITY ORGANIZATION NAME NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNING ON BEHALF OF NON-STATE ENTITY STREET ADDRESS CITY, STATE, ZIP CODE CONTACT PHONE NUMBER EMAIL ADDRESS I certify under penalty of perjury the requesting entity meets the NESPA “Authorized Entity Criteria” selected above. __________________________________________________________________________ NON-STATE ENTITY SIGNATURE DATE CDT/CALNET PROGRAM CUSTOMER CODE: Please select one of the following: Packet Page. 499 CALNET AUTHORIZATION TO ORDER (ATO) AT&T Corp and the California Department of Technology (CDT) have entered into a multi-year statewide contract for CALNET Legacy Telecommunications Voice and Data Services, C4A1LEG18, Categories 15, 16, 17, and 18. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract. Category 15, Dedicated Transport: • Contract award: 01/03/2019 • Contract end: 06/30/2026 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category 15.2.2, Carrier DSO Service: • Contract award: 01/03/2019 • Contract end: 06/30/2024 Category 16, Long Distance Calling: • Contract award: 01/03/2019 • Contract end: 06/30/2024 • Number of optional extensions and extension duration(s): 5 extensions, 1 year per extension Category 17, Toll Free Voice Calling: • Contract award: 01/03/2019 • Contract end: 06/30/2024 • Number of optional extensions and extension duration(s): 5 extensions, 1 year per extension Category 18, Legacy Telecommunications: • Contract award: 01/03/2019 • Contract end: 06/30/2026 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category 18.3.1.1, Analog Service: • Contract award: 01/03/2019 • Contract end: 06/30/2024 Packet Page. 500 Pursuant to the Contract C4-LEG-12-10-TS-01, which is incorporated herein by reference, any eligible on-state public entity (herein "Non-State Entity"), as authorized in Government Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract. To establish CALNET eligibility, the Non-State Entity will be required to have a Non-State Entity Service Policy and Agreement (NESPA) on file with the CDT CALNET Program, prior to submitting the Authorization to Order (ATO). Once the Non-State Entity and the Contractor approve and sign the ATO, the Contractor shall deliver the ATO to the CALNET Program for review and approval. No Service(s) shall be ordered by the Non-State Entity or provided by the Contractor until both parties and the CALNET Program execute the ATO. By executing the ATO, the [Non-State Entity] may subscribe to the Service(s), and the Contractor agrees to provide the Service(s), in accordance with the terms and conditions of the ATO and the Contract. Service catalogs, rates and Contract terms are available at the CALNET Program website. The ATO, and any resulting order for Service(s), is a contract between the Non- State Entity and the Contractor. As such, the CDT will not facilitate, intervene, advocate or escalate any disputes between the Non-State Entity and the Contractor or represent the Non-State Entity in resolution of litigated disputes between the parties. The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless: • The CDT, at its discretion, revokes the approved ATO; or • The Non-State Entity terminates the ATO, for specific Services(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation. The Non-State Entity, upon execution of the ATO, certifies that: • The Non-State Entity understands that the Contractor and the CDT may, from time to time and without the Non-State Entity’s consent, amend the terms and conditions of the Contract thereby affecting the terms of service the Non-State Entity receives from the Contractor. • The Non-State Entity has reviewed the terms and conditions, including the rates and charges, of the Contract. • The Non-State Entity understands and agrees that the Contractor invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the CDT, pursuant to provisions of the Contract. City of San Bernardino Packet Page. 501 • All Service(s) ordered under the ATO will be submitted to the Contractor using an authorized purchasing document, signed by the Non-State Entity’s authorized signatory. Any additions, changes to, or deletions of Service(s) shall be accomplished by submission of a purchasing document to the Contractor, noting the changes. • The Non-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract. • The Non-State Entity understands that, the Contractor shall bill the Non- State Entity, and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s). E-Rate Customers Only – Complete if applying for E-Rate funding: [Enter Non-State Entity name] intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence [MM/DD/YYYY] (“Service Date”). Upon the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the Non-State Agency for the Service(s) ordered under the ATO. Contact Information Any notice or demand given under this Contract to the Contractor or the Non-State Entity shall be in writing and addressed to the following: Non-State Entity Non-State Entity Name Authorized Agent Contact Number Title of Authorized Agent Email 909-384-7272 The City of San Bernardino Packet Page. 502 Address City, State, Zip Code Contractor AT&T Corp Authorized Agent: Keith Nagel Attention: Program Management Office Address 2700 Watt Avenue Contact Number: 916-384-6175 Room 1213 Sacramento, CA 95821 Email: KN7135@att.com IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET "DATE EXECUTED" shown below. Non-State Entity Authorized Agent Name Title of Authorized Agent Signature Date Signed Contractor Authorized Agent Name Title of Authorized Agent Signature Date Signed 290 N "D" Street San Bernardino, CA 92401 Packet Page. 503 Approved By: State of California Department of Technology Authorized Agent Name Title of Authorized Agent Signature Date Executed Packet Page. 504 CALNET AUTHORIZATION TO ORDER (ATO) AT&T Corp. and the California Department of Technology (CDT) have entered into a five-year statewide contract for CALNET IFB C4DNCS19, Data Networks and Communications Services, Categories 20, 21, 22, 23, 24, 25, 27, 28, 29 and 30. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract. Category: 20, MPLS Data Network Services • Contract award: 04/15/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 21, Standalone VoIP Services • Contract award: 04/15/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 22, Cloud Hosted VoIP Services • Contract award: 04/15/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 23, Metropolitan Area Network (MAN) Ethernet Services and Features • Contract award: 04/15/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 24, Flat Rate Internet Services • Contract award: 04/15/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Packet Page. 505 Category: 25, Sustained Bandwidth Internet Services and Features • Contract award: 04/15/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 27, Standard Contact Center Services • Contract award: 04/15/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 28, Custom Contact Center Services • Contract award: 04/15/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 29, Converged VoIP Services • Contract award: 04/15/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 30, Broadband with Internet Services • Contract award: 04/15/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Pursuant to the Contract C4-DNCS-19-001-40, which is incorporated herein by reference, any eligible non-state public entity (herein "Non-State Entity"), as authorized in Government Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract. To establish CALNET eligibility, the Non-State Entity shall be required to have a Non-State Entity Service Policy and Agreement (NESPA) on file with the CDT CALNET Program, prior to submitting this Authorization to Order (ATO). Packet Page. 506 Once the Non-State Entity and the Contractor approve and sign the ATO, the Contractor shall deliver this ATO to the CALNET Program for review and approval. No Service(s) shall be ordered by the Non-State Entity or provided by the Contractor until both parties and the CALNET Program execute this ATO. By executing this ATO, the [Non-State Entity] may subscribe to the Service(s), and the Contractor agrees to provide the Service(s), in accordance with the terms and conditions of this ATO and the Contract. Service catalogs, rates and Contract terms are available at the CALNET Program website. The ATO, and any resulting order for Service(s), is a contract between the Non- State Entity and the Contractor. As such, the CDT will not facilitate, intervene, advocate or escalate any disputes between the Non-State Entity and the Contractor or represent the Non-State Entity in resolution of litigated disputes between the parties. The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless: •The CDT, at its discretion, revokes the approved ATO; or •The Non-State Entity terminates the ATO, for specific Service(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation. The Non-State Entity, upon execution of the ATO, certifies that: •The Non-State Entity understands that the Contractor and the CDT may, from time to time and without the Non-State Entity’s consent, amend the terms and conditions of the Contract thereby affecting the terms of the service the Non-State Entity receives from the Contractor. •The Non-State Entity has reviewed the terms and conditions, including the rates and charges, of the Contract. •The Non-State Entity understands and agrees that the Contractor invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the CDT, pursuant to provisions of the Contract. •All Service(s) ordered under the ATO will be submitted to the Contractor using an authorized purchasing document, signed by the Non-State Entity’s authorized signatory. Any additions, changes to, or deletions of Service(s) shall be accomplished by submission of a purchasing document to the Contractor, noting the changes. Packet Page. 507 •The Non-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract. •The Non-State Entity understands that, the Contractor shall bill the Non- State Entity; and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s). E-Rate Customers Only – Complete if applying for E-Rate funding: (Enter Non-State Entity name) intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence MM/DD/YYYY (“Service Date”). Upon the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the Non- State Agency for the Service(s) ordered under the ATO. Contact Information Any notice or demand given under this Contract to the Contractor or the Non- State Entity shall be in writing and addressed to the following: Non-State Entity Non-State Entity Name Authorized Agent Title of Authorized Agent Address City, State, Zip Code Contact Number Email Packet Page. 508 Contact Number: Email : IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET “DATE EXECUTED” shown below. Non-State Entity Authorized Agent Name Date Signed Title of Authorized Agent Signature Contractor Authorized Agent Name Title of Authorized Agent Signature Date Signed Approved By: State of California, Department of Technology Authorized Agent Name Title of Authorized Agent Signature Date Executed _________________________________________ _________________________________________ _________________________________________ Contractor AT&T Corporation Authorized Agent : Keith Nagel Attention: Program Management Office Address: 2700 Watt Avenue Room 1213 Sacramento, CA 95821 916-384-6175 KN7135@att.com CALNET Program Analyst Packet Page. 509 Revised 10/14/22 DEPARTMENT OF TECHNOLOGY NON-STATE ENTITY SERVICE POLICY AND AGREEMENT (NESPA) The California Network and Telecommunications Program (CALNET) service offerings are primarily intended to meet State entity requirements. However, CALNET services may be purchased by qualified non-State entities. To use the CALNET Next Generation of contracts, non-State entities are required to self-certify that their organization qualifies for one of the CALNET eligibility criteria below. Authorized Entity Criteria ☐Local government entities are defined as “any city, county, city and county, district or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology or services” per Public Contract Code Chapter 2, Paragraph 10298 (a) (b). While the State makes this contract available to local governmental entities, each local governmental entity should determine whether this contract is consistent with its procurement policies and regulations. ☐100% tax supported governmental entity ☐A governmental entity with a Joint Powers Agreement (JPA) ☐Federally recognized Indian Tribe NON-STATE ENTITY INFORMATION REQUESTING NON-STATE ENTITY ORGANIZATION NAME NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNING ON BEHALF OF NON-STATE ENTITY STREET ADDRESS CITY, STATE, ZIP CODE CONTACT PHONE NUMBER EMAIL ADDRESS I certify under penalty of perjury the requesting entity meets the NESPA “Authorized Entity Criteria” selected above. __________________________________________________________________________ NON-STATE ENTITY SIGNATURE DATE CDT/CALNET PROGRAM CUSTOMER CODE: Please select one of the following: The City of San Bernardion 290 N "D" Street San Bernardino, CA 92401 909-384-7272 4 Packet Page. 510 CALNET AUTHORIZATION TO ORDER (ATO) MCI Communications Services, LLC. dba Verizon Business Services and the California Department of Technology (CDT) have entered into a five-year statewide contract for CALNET IFB C4DNCS19, Data Networks and Communications Services, Categories 20, 21, 23, 24, 25, 27, 28, 29 and 30. The CDT may, at its sole option elect to extend the Contract Term for up to the number of years as indicated in the Contract. Category: 20, MPLS Data Network Services • Contract award: 04/27/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 21, Standalone VoIP • Contract award: 04/27/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 23, Metropolitan Area Network (MAN) Ethernet Services and Features • Contract award: 04/27/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 24, Flat Rate Internet Services • Contract award: 04/27/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Packet Page. 511 Category: 25, Sustained Bandwidth Internet Services and Features • Contract award: 04/27/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 27, Standard Contact Center Services • Contract award: 04/27/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 28, Custom Contact Center Services • Contract award: 04/27/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 29, Converged VoIP Services • Contract award: 04/27/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Category: 30, Broadband with Internet Services • Contract award: 04/27/2020 • Contract end: 06/30/2025 • Number of optional extensions and extension duration(s): 3 extensions, 1 year per extension Pursuant to the Contract C4-DNCS-19-001-28, which is incorporated herein by reference, any eligible non-state public entity (herein "Non-State Entity"), as authorized in Government Code section 11541 is allowed to order services and products (collectively "Services") solely as set forth in the Contract. To establish CALNET eligibility, the Non-State Entity shall be required to have a Non-State Entity Service Policy and Agreement (NESPA) on file with the CDT CALNET Program, prior to submitting this Authorization to Order (ATO). Once the Non-State Entity and the Contractor approve and sign the ATO, the Contractor shall deliver this ATO to the CALNET Program for review and Packet Page. 512 approval. No Service(s) shall be ordered by the Non-State Entity or provided by the Contractor until both parties and the CALNET Program execute this ATO. By executing this ATO, the [Non-State Entity] may subscribe to the Service(s), and the Contractor agrees to provide the Service(s), in accordance with the terms and conditions of this ATO and the Contract. Service catalogs, rates and Contract terms are available at the CALNET Program website. The ATO, and any resulting order for Service(s), is a contract between the Non- State Entity and the Contractor. As such, the CDT will not facilitate, intervene, advocate or escalate any disputes between the Non-State Entity and the Contractor or represent the Non-State Entity in resolution of litigated disputes between the parties. The ATO shall not exceed the term of the Contract and shall remain in effect for the duration of the contract unless: •The CDT, at its discretion, revokes the approved ATO; or •The Non-State Entity terminates the ATO, for specific Service(s) in part or in total, prior to termination of the Contract, by providing the Contractor with a 30 calendar days’ prior written notice of cancellation. The Non-State Entity, upon execution of the ATO, certifies that: •The Non-State Entity understands that the Contractor and the CDT may, from time to time and without the Non-State Entity’s consent, amend the terms and conditions of the Contract thereby affecting the terms of the service the Non-State Entity receives from the Contractor. •The Non-State Entity has reviewed the terms and conditions, including the rates and charges, of the Contract. •The Non-State Entity understands and agrees that the Contractor invoices for Service(s) subscribed to under the Contract are subject to review and/or audit by the CDT, pursuant to provisions of the Contract. •All Service(s) ordered under the ATO will be submitted to the Contractor using an authorized purchasing document, signed by the Non-State Entity’s authorized signatory. Any additions, changes to, or deletions of Service(s) shall be accomplished by submission of a purchasing document to the Contractor, noting the changes. The City of San Bernardino Packet Page. 513 •The Non-State Entity understands and agrees that the Contractor shall provide the CALNET Program all data, invoices, reports and access to trouble tickets for Service(s) subscribed to under the Contract, pursuant to provisions of the Contract. Upon execution of the ATO, the Non-State Entity authorizes the CALNET Contractor to release the Non-State Entity’s Customer Proprietary Network Information (CPNI) to the CALNET Program for purposes of administering the Contract. •The Non-State Entity understands that, the Contractor shall bill the Non- State Entity; and the Non-State Entity shall pay the Contractor according to the terms and conditions, and rates set forth in the Contract for such Service(s). E-Rate Customers Only – Complete if applying for E-Rate funding: (Enter Non-State Entity name) intends to seek Universal Service Funding (E-Rate) for eligible Service(s) provided under the ATO. The Service(s) ordered under the ATO shall commence MM/DD/YYYY (“Service Date”). Upon the Service Date, the ATO supersedes and replaces any applicable servicing arrangements between the Contractor and the Non- State Agency for the Service(s) ordered under the ATO. Contact Information Any notice or demand given under this Contract to the Contractor or the Non- State Entity shall be in writing and addressed to the following: Non-State Entity Non-State Entity Name Authorized Agent Title of Authorized Agent Address City, State, Zip Code Contact Number Email The City of San Bernardino 290 N "D" Street 909-384-7272 San Bernardino, CA 92401 Packet Page. 514 Contractor Verizon Business Services Authorized Agent Attention: Devin Bautista Address: 295 Parkshore Drive Folsom, CA 95630 Contact Number: 833-4-CALNET, Option 4 or 916-779-5686 Email: devin.bautista@verizon.com IN WITNESS WHEREOF, the parties below hereto have caused the execution of this ATO. The effective date of this ATO, between the Non-State Entity, the Contractor and CDT/CALNET shall be pursuant to the CDT/CALNET “DATE EXECUTED” shown below. Non-State Entity Authorized Agent Name Title of Authorized Agent Signature Date Signed Contractor Authorized Agent Name Title of Authorized Agent Signature Date Signed Approved By: State of California, Department of Technology Authorized Agent Name Title of Authorized Agent Signature Date Executed _________________________________________ _________________________________________ _________________________________________ Packet Page. 515 1 8 2 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Rolland Kornblau, Director of Technology Department:Information Technology Subject:Request for Purchase Authorization for VOIP phone system for Animal 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 Vendor Service Agreement with Intelesys for purchasing VOIP (voice over internet protocol) services using the TIPS agreement, as approved for funding through the FY 2023/24 Operating Budget. 2. Authorize the Director of Finance to issue purchase orders in the amount not to exceed $25,000 for the first year. The billing will be $4,217.17 to GoTo for phone hardware, $17,130.84 to GoTo for the first year of phone service, and $3,000 to Intelesys for installation. Executive Summary A purchase order not to exceed $25,000 is requested for the purchase of VOIP service, hardware, and installation. The equipment is necessary to improve the Animal Services phone system in preparation for expanding services to other municipalities. Background The Information Technology Department is responsible for the maintenance, repair, and function of City-owned network hardware. The current phone system is housed in the vacant 300 N D Street building basement. Plans are underway to start construction on the building for occupancy. The existing phone system cannot be relocated within Packet Page. 516 1 8 2 7 a reasonable time and budgetary appropriation. Animal Services is preparing to expand its services and needs a more robust system. The new phone system will allow answering city calls from the desk, laptop, phone, or mobile device. Discussion Information Technology is proposing to replace the VOIP phone system in Animal Services. Animal Services needs to upgrade their phone system for versatility and resilience. The TIPS contract is being utilized to secure a vendor. GoTo was selected as the service provider with Intelesys as their approved installer. 2021-2025 Strategic Targets and Goals This project is aligned with Key Target No. 1: Improved Operational & Financial Capacity. Approval of this purchase will reduce the risk of potential outages of the network and improve the speed. Fiscal Impact The General Fund impact is $25,000 and is appropriated in the FY2023/24 budget. The purchase order amount of $25,000 will allow for the purchase of VOIP equipment and service in Animal Services with a yearly renewal of $18,000. There is sufficient funding in the FY 2023/24 Operating Budget for this item. 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 Vendor Service Agreement with Intelesys for purchasing VOIP (voice over internet protocol) services using the TIPS agreement, as approved for funding through the FY 2023/24 Operating Budget: 2. Authorize the Director of Finance to issue purchase orders in the amount not to exceed $25,000 for the first year. The billing will be $4,217.17 to GoTo for phone hardware, $17,130.84 to GoTo for the first year of phone service, and $3,000 to Intelesys for installation. Attachments Attachment 1 - GoTo Quote Attachment 2 – Intelesys – Vendor Services Agreement 1-15-2024 Attachment 3 – TIPS Contract w GoTo Packet Page. 517 1 8 2 7 Ward: All Wards Synopsis of Previous Council Actions: n/a Packet Page. 518 CONTACT INFORMATION. Customer: California City of San Bernardino Address: 290 N D St, San Bernardino, CA United States, 92401 Main Contact: Rolland Kornblau Email:kornblau_ro@sbcity.org Phone:909-384-5947 VAT/TVA/ABN Number: \ GoTo Representative: Name: Rob Johnson Email:rob.johnson@goto.com Phone: (626) 513-0105 Fax: QUOTE OR OID #: Q-801899 UID #: Opp ID #: 2304106953964 Quote Date: 12-29-2023 Quote Expiration Date: 01-27-2024 TERM & BILLING INFORMATION. Payment Method: Invoice Term & Billing Frequency: Annual Annual Payment Terms: Net 15 AGREEMENT. This Order Form is governed by the terms of the Terms of Service found at https://www.goto.com/company/legal/terms- and-conditions unless: Customer has a written agreement mutually agreed upon by GoTo for such Services, in which case such written agreement will govern; or (ii) to the extent otherwise set forth in the Supplemental Terms below. The foregoing shall exclude any terms and conditions referenced on a Customer purchase order and will incorporate the Contracting Entities Table and the Service Descriptions. Supplemental Terms: Notwithstanding anything to the contrary in the Agreement, the following supplemental Terms apply: · ·The terms and conditions of The Interlocal Purchasing System (TIPS) CONTRACT: 221003 ELECTRONICS AND APPLIANCES, GOODS AND SERVICES January 6, 2023 to January 31, 2026 apply to your purchases in this Order and supersede our standard terms referenced above. EDGAR COMPLIANCE: Yes GoTo Technologies USA, Inc. 333 Summer Street Boston, MA 02210 ORDER FORM Packet Page. 519 · Purchase Order Process: If the order is in excess of 50K USD, or this order's currency equivalent, GoTo requires a PO with the executed order in the name of the contracting entity noted above. Please complete: Require a PO? \PO_Required_1\ Requires a PO, see below: Customer PO#: \PO_Number_1\PO Expiration Date (if applicable): \PO_Expiration_1\ SIGNATURES. By signing below, the signatory represents it is legally authorized to enter into the Agreement and agrees to be bound to all terms contained in the Agreement. CUSTOMER: California City of San Bernardino Signature: \s1\ Name:\n1\ Title:\t1\ Customer Authorized Signatory Date:\d1\ If Billing Contact is different than above, please provide: Billing Address: \Billing_Address_1\ Billing/Invoicing Contact: \Billing_Contact_1\ Telephone: \Billing_Phone_1\ Email: \Billing_Email_1\ Customer_VTA_1\ The dates shown are based on the date the quote was created by the rep and these dates will adjust based on the date the contract is signed Service Start Date 12-29-2023 Billing Start Date 03-29-2024 Number of Free Months 3 First Invoice Date 04-01-2024 Contract End Date 03-31-2027 SERVICES & FEE SUMMARY. Estimated taxes and fees are included where indicated below. TODAY'S TOTAL: Name Quantity MSRP Discount Jive Price Total Professional Services - Per Seat GTC Setup Assistance (Under 50 Licenses) 15 USD 50.00 USD 0.00 USD 50.00 USD 750.00 Poly Trio 8300 open SIP conference phone with built-in Wi-Fi and Bluetooth 1 USD 499.00 USD 163.36 USD 335.64 USD 335.64 Poly VVX 450 (w/ Power Supply)14 USD 289.00 USD 122.91 USD 166.09 USD 2,325.26 Packet Page. 520 Poly VVX 250 (w/ Power Supply)5 USD 189.00 USD 114.00 USD 75.00 USD 375.00 Poly Rove 20 +B1 Single Cell DECT Base Station Kit 1 USD 279.95 USD 105.51 USD 174.44 USD 174.44 Taxes and Fees:USD 256.83 TOTAL AMOUNT:USD 4,217.17 MONTHLY TOTALS: Name Contract Terms (Months) Quantity MSRP Discount Jive Price Total Price GoToConnect Standard 39 15 USD 29.00 USD 16.05 USD 12.95 USD 194.25 Interconnected VoIP, Low Usage - Monthly Charge 39 5 USD 12.95 USD 3.00 USD 9.95 USD 49.75 GoTo Contact Complete [Add-on]39 8 USD 55.00 USD 14.00 USD 41.00 USD 328.00 Voice - Standard DID - Monthly Charge 39 2500 USD 5.00 USD 4.75 USD 0.25 USD 625.00 Conference Device User- Monthly Service 39 1 USD 29.95 USD 17.00 USD 12.95 USD 12.95 Taxes and Fees:USD 217.62 TOTAL AMOUNT:USD 1,427.57 Packet Page. 521 PURCHASE ORDER CONFIRMATION FORM Please select an option below (selecting only one): 1)My company has already raised a purchase order document and is providing it along with this signed order form 2)My company does not issue purchase orders 3)In Lieu of my company's standard purchase order and ·Have obtained all necessary approvals to release funds for this purchase and ·Confirm the relevant invoice(s) can be paid without a reference to a purchase order number 4)My company has a standard purchase order and is unable to provide it right now. As a result, ·Will send the approved purchase order to GoTo within 4 business days of signature date below. CUSTOMER LEGAL NAME: California City of San Bernardino Invoice To/Bill To ADDRESS 290 N D St, San Bernardino, CA United States, 92401 Billing Contact: Rolland Kornblau Billing Phone: 909-384-5947 Billing Email: kornblau_ro@sbcity.org Please ensure the Invoice To/Bill To Address in addition to the Billing Contact information above is accurate. If not, please ensure to reach out to your GoTo Sales contact and provide correct billing information. You agree to pay the contracted Total Price as per GoTo Quote or OID Reference Number: Q-801899 This form is issued under the terms and conditions of the following agreement between the parties: EXCEPT AS EXPRESSLY SET FORTH HEREIN, BY SIGNING AND RETURNING THIS ORDER TO GOTO, YOU CONFIRM THIS IS AN ORDER FOR THE GOTO SERVICE(S) LISTED HEREIN AND AGREE TO THE TERMS OF SERVICE https://www.goto.com/company/legal/terms-and-conditions WHICH APPLY TO YOUR CONTINUED USE OF ALL SERVICES AND SHALL PREVAIL OVER ANY TERMS OTHERWISE REFERENCED IN A PURCHASE ORDER. Packet Page. 522 1 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTELESYS This Agreement is made and entered into as of February 18, 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 Intelesys a California Corporation with its principal place of business at 3155-B East Sedona Court, Ontario, CA 91764 (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: VOIP (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 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 Packet Page. 523 2 Consultant under this Agreement exceed the sum of $24,348.01 ($4,217.17 billed by Utility provider GoTo for phone hardware, $17,130.84 billed by GoTo for first year’s phone service, and $3,000.00 billed by Intelesys for installation) 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 February 18, 2025 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 Packet Page. 524 3 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 interest with the City. Packet Page. 525 4 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 Packet Page. 526 5 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. Packet Page. 527 6 (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. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Packet Page. 528 7 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 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. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance Packet Page. 529 8 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. (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 Packet Page. 530 9 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 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 Packet Page. 531 10 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. 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 Packet Page. 532 11 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. 27. Organization. Consultant shall assign Aaron Betts as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. Packet Page. 533 12 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: Rolland Kornblau With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Intelesys 3155 Sedona Court Bldg B Ontario, CA 91764 Attn: Rick Balzer 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 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 Packet Page. 534 13 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. 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. Packet Page. 535 14 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] Packet Page. 536 15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INTELESYS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles Montoya City Manager ATTESTED BY: Genoveva Rocha City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Richard Balzer Name President Title Packet Page. 537 16 EXHIBIT A Installation –City of San Bernardino Animal Services (15) Standard Users with phone (5) Low usage phones (8) GoTo Contact (1) Conference device (50) DID Numbers Intelesys will be responsible for executing the following activities. Activities not expressly included in this SOW are outside the scope of this SOW. Project Management In support of the services to deploy the GoTo phone system, Intelesys shall assign a designated project manager, to interface directly with the customer project manager. The Intelesys project manager’s responsibilities are as follows: 1. Serve as the primary interface to the customer organization. 2. Coordinate the site installation priorities and the installation schedules with the customer project manager. The customer and Intelesys will mutually agree to a project timeline. 3. Function as the escalation focal point for issues that may arise under this SOW. 4. Participate in, and sometimes lead status meetings regarding the project. 5. Provide, at the customer’s written or oral request, status updates as to the progress of the services under this SOW. These updates will be provided via email or through telephone conversations. 6. Implement mutually agreed upon processes for the internal management of schedules inherent to the services provided under this SOW (such as scheduling of installation dates and go-live). 7. Develop and maintain an action items and issues list. Call Flow Design Implementation During this phase of the project, Intelesys shall review with the customer the provided call flows specific to the GoTo implementation. The duties include: 1. Review of call flow for GoTo phone system with recommendation for best practices in implementation. 2. Question and answer follow-up discovery to fully understand customer requirements. 3. Translation of call flows to IPBX specific configuration. Packet Page. 538 17 Additional tasks discovered through the discovery phase of the GoTo` project lifecycle and not mentioned in this SOW shall be considered out of scope and shall be handled by formal change control process as described in the change control process of this SOW. Installation, Configuration, and Integration 1. Configure Ring Central phone system via online portal. 2. DHCP definitions for Ring Central compatible phones 3. Configure phone system to route calls as defined in call flows. 4. Install and configure desktop application on PCs that meets or exceeds Ring Central’s s. 5. Configure auto attendants and voicemail per design. 6. Notify customer of each “customer not ready” occurrence. Causes may include but not limited to the following: a. Lack of physical access to the site b. Customer local site contact not available to assist with the installation c. Customer provided inside wiring is not operational d. Lack of adequate power and environmental conditions as specified by equipment manufacturer Intelesys will perform the following test and turn-up activities applicable to the site(s) after the equipment installation: 1. Confirm that equipment configuration is properly installed and operational. 2. Confirm that desktop client is properly installed and operational on designated agent PCs. 3. Confirm that call flows are configured properly in Ring Central admin portal and inbound IPBX calls route appropriately. 4. Confirm that inbound calls route properly and proper messages are played when calls route to entities such as auto attendants and voicemail. 5. Obtain signoff from the customer project manager on the implementation acceptance form located in this SOW after successful installation and turn-up of the site(s). Training Intelesys will provide the following two types of training classes. They are as follows: 1. End-user training a. These classes are completed at customer’s site and cover basic Packet Page. 539 18 system operation. Class times range about an hour 2. Web based admin training a. These classes are completed over the web and cover basic system administration. Class times range from three to four hours. Packet Page. 540 TIPS Vendor Agreement 021522_sr Page 1 TIPS VENDOR AGREEMENT Between_____________ and (Company Name) THE INTERLOCAL PURCHASING SYSTEM (TIPS), a Department of Texas Education Service Center Region 8 for TIPS RFP 221003 Electronics, Appliances and Associated Goods and Services General Information The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter “TIPS”) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 4845 US Hwy 271 North, Pittsburg, Texas 75686 and the TIPS Vendor. This Agreement consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth shall control unless otherwise agreed by the parties in writing and by signature and date on the attachment. A Purchase Order (“PO”), Agreement or Contract is the TIPS Member’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some, but not all, of the possible addendums. Terms and Conditions Freight All quotes to Members shall provide a line item for cost for freight or shipping regardless if there is a charge or not. If no charge for freight or shipping, indicate by stating “No Charge”, “$0”, “included in price” or other similar indication. Otherwise, all shipping, freight or delivery changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative shipping terms are agreed by TIPS as a result of the proposal award. Shipping method is determined by the vendor and the Member/Customer at the time of the quote/purchase by the Member/Customer and satisfactory shipping methods and costs are agreed upon at that time. Warranty Conditions All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitted to sell all products offered for sale to TIPS Members if the offering is included in the Request for Proposal (“RFP”) category. All goods proposed and sold shall be new unless clearly stated in writing. Customer Support GoTo Communications Packet Page. 541 TIPS Vendor Agreement 021522_sr Page 2 The Vendor shall provide timely and accurate customer support for orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a commercially reasonable time after receipt of the request. If support and/or training is a line item sold or packaged with a sale, support shall be as agreed with the TIPS Member. Agreements Agreements for purchase will normally be put into effect by means of a contract, agreement, or purchase order(s) executed by authorized agents of the TIPS Member participating government entities, but other means of placing an order may be used at the Member’s discretion. Vendor accepts and understands that when a purchase order or similar purchase document is sent from a customer through TIPS to the Vendor, TIPS is recording the purchase and verifying whether the purchase is within the parameters of the TIPS Contract only. Vendor agrees that TIPS is not a legal party to the purchase order or similar purchase document and TIPS is not responsible for identifying fraud, mistakes, or misrepresentations for the specific order. Vendor agrees that any purchase order or similar purchase document issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. A Vendor that accepts a purchase order or similar purchase document and fulfills an order, even when processed through TIPS, is representing that the vendor has carefully reviewed the purchase order or similar purchase document for legality, authenticity, and accuracy. Tax exempt status Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdiction(s) of the TIPS Member shall apply. Assignments of Agreements No assignment of this Agreement may be made without the prior notification of TIPS. Written approval of TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company, where permitted by TIPS. Disclosures •Vendor and TIPS affirm that they, or any authorized employees or agents, have not given, offered to give, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement. •Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interest in doing business with the TIPS program. •The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement. Term of Agreement and Renewals The Agreement with TIPS is for approximately three years with an option for renewal for an additional one consecutive year. If TIPS offers the renewal extension year, the Vendor will be notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded Vendor notifies TIPS of its objection to the additional term in writing. TIPS may or may not exercise some or all of the available extension(s) provided in the original solicitation beyond the base t hree-year term. Whether or not to offer some Packet Page. 542 TIPS Vendor Agreement 021522_sr Page 3 or all of the extension is at the sole discretion of TIPS. “Start Date” for Term Calculation Purposes Only: Regardless of actual award/effective date of Contract, for Agreement “term” calculation purposes only , the Agreement “Start Date” is the last day of the month that “Award Notifications” are anticipated as published in the Solicitation. Example: In this example, if the anticipated “Award Date” published in the Solicitation is May 22, 2022, but extended negotiations delay award until June 27, 2022 , the end date of the resulting initial “three -year” term, (which is subject to an extension(s)) will still be May 31, 2025 for purposes of this example. “Termination Date”: The scheduled Agreement “termination d ate” shall be the last day of the month of the month of the original solicitation’s anticipated “Award Date” plus three years. Example: In this example, if the original term is approximately three years, and the solicitation provides an anticipated award date of May 22, 2022, the expiration date of the original three -year term shall be May 31, 2025 for purposes of this example. Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires unless otherwise specified. Example Following the Previous Example: In this example, if TIPS offers a one -year extension, the expiration of the extended term shall be May 31, 2026 unless otherwise specified. TIPS may offer to extend Vendor Agreements to the f ullest extent the original Solicitation permits. Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement. No Agreement for goods or services with a TIPS Member by the awarded vendor named in this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Member must comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS Member shall only be valid and enforceable when the vendor receives written confirmation by purchase order, executed Agreement or other written instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in which the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. This term is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these terms is rendered void and unenforceable. Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties. Invoices Each invoice or pay request shall include the Vendor’s TIPS Contract number, the TIPS Member’s purchase order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the Packet Page. 543 TIPS Vendor Agreement 021522_sr Page 4 shipment tracking number or pertinent information for verification of TIPS Member receipt shall be made available upon request. Payments The TIPS Member will make payments directly to the Vendor, the Vendor Assigned Dealer or as agreed by the Vendor and the TIPS Member after receiving invoice and in compliance with applicable payment statute(s), whichever is the greater time or as otherwise provided by an agreement of the parties. Pricing Price increases will be honored according to the terms of the solicitation and vendor proposal. All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS by the Vendor. Vendor will not show adding the fee to the invoice presented to TIPS Member customer. Participation Fees and Reporting of Sales to TIPS by Vendor The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported b y either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller, or Vendor Assigned Dealer agrees that the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including partial payment, from the Member Entity and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. Thus, when an awarded Vendor, Reseller or Vendor Assigned Dealer receives any amount of payment, even partial payment, for a TIPS sale, the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently. Reporting of Sales to TIPS by Vendor Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on any communications and related sales documents exchanged with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor Portal online at https://www.tips-usa.com/vendors_form.cfm and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at accounting@tips-usa.com. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. Failure to properly report or render the participation fee to TIPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Center Region 8, as establish ed by the Texas legislature and shall be grounds for termination of this agreement and any other agreement held with TIPS and possible legal action. Any overpayment of participation fees to TIPS by a Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement and applicable law. It is the Vendor’s responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the Packet Page. 544 TIPS Vendor Agreement 021522_sr Page 5 six (6) month deadline to notify if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect the fees due. Please contact TIPS at tips@tips‐usa.com or call (866) 839‐8477 if you have questions about paying fees. Indemnity The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from, Vendor’s performance under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. State of Texas Franchise Tax By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code. Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time. Purchase Order Pricing/Product Deviation If a deviation of pricing/product on a Purchase Order or contract modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order. Termination for Convenience of TIPS Agreement Only TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal funds for the procurement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member prior to the actual termination of this agreement shall be honored at the option of the TIPS Member. The awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 4845 US Hwy North, Pittsburg, Texas 75686. The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and conditions of the terminated agreement. This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIP S Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable factors, such as funding sources or other needs. TIPS Member Purchasing Procedures Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and Packet Page. 545 TIPS Vendor Agreement 021522_sr Page 6 should indicate on the order that the purchase is per the applicable TIPS Agreement Number. Orders are typically emailed to TIPS at tipspo@tips‐usa.com. • Awarded Vendor delivers goods/services directly to the participating member. • Awarded Vendor invoices the participating TIPS Member directly. • Awarded Vendor receives payment directly from the participating member. • Fees are due to TIPS upon payment by the Member to the Vendor . Vendor agrees to pay the participation fee to TIPS for all Agreement sales upon receipt of payment including partial payment, from the Member Entity or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS. Licenses Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work and/or cancel an order or terminate this or any other sales Agreement of any awarded Vendor whose license(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject to a 30‐day cure period unless prohibited by applicable statue or regulation. Novation If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor. TIPS will consider Contract Assignments on a case by case basis. TIPS must be notified within five (5) business days of the transfer of assets or rights. Site Requirements (only when applicable to service or job) Cleanup: When performing work on site at a TIPS Member’s property, awarded Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition. Preparation: Awarded Vendor shall not begin a project for which TIPS Member has not prepared the site, unless awarded Vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre‐installation requirements. Registered sex offender restrictions: For work to be performed at schools, awarded Vendor agrees that no employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the TIPS Member. Awarded Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the TIPS Member’s discretion. Awarded Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Safety Measures Awarded Vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor Packet Page. 546 TIPS Vendor Agreement 021522_sr Page 7 shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. Smoking Persons working under Agreement shall adhere to the TIPS Member’s or local smoking statutes, codes or policies. Marketing Awarded Vendor agrees to allow TIPS to use their name and logo within TIPS website, marketing materials and advertisement subject to any reasonable restrictions provided to TIPS in the Proposal to the Solicitation. The Vendor may submit an acceptable use directive for Vendor’s names and logos with which TIPS agrees to comply. Any use of TIPS name and logo or any form of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior approval from TIPS which will not be unreasonably withheld. Request may be made by email to TIPS@TIPS‐USA.COM. Supplemental Agreements The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited to, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agreement or contract developed as a result of this Agreement is exclusively between the TIPS Member entity customer and the Vendor. TIPS, its agents, TIPS Members and employees not a party to the Supplemental Agreement with the TIPS Member customer, shall not be made party to any claim for breach of such agreement unl ess named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a Proposal requires TIPS and/or TIPS Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor. Supplemental Vendor’s Agreement documents may not become part of TIPS’ Agreement with Vendor unless and until an authorized representative of TIPS reviews and approves it. TIPS review and approval may be at any time during the life of this Vendor Agreement. TIPS permits TIPS Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor’s TIPS Agreement so long as they do not materially conflict with this Agreement. Survival Clause All applicable sales, leases, Supplemental Agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement. Legal obligations It is the responding Vendor’s responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in the applicable Solicitation that resulted in this Vendor Agreement and any awarded Agreement thereof. Applicable laws and regulations must be followed even if not specifically identified herein. Audit rights Packet Page. 547 TIPS Vendor Agreement 021522_sr Page 8 Due to transparency statutes and public accountability requirements of TIPS and TIPS Members’, the awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting of TIPS related purchases for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Awarded Vendor’s pricing or TIPS transaction documentation with TIPS Members with 30 days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without notice. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third‐ party auditing firm to investigate any possible non‐ compliant conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in the time, format and at the location acceptable to Region 8 ESC or TIPS. TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member. Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Titus County, Texas. Packet Page. 548 TIPS Vendor Agreement 021522_sr Page 9 Project Delivery Order Procedures The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document, may make a request of the awarded Vendor under this Agreement when the TIPS Member desires goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member’s request as soon as possible, but must make contact with the TIPS Member within two working days. Status of TIPS Members as Related to Vendors Contract Information TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS. Vendor’s Resellers as Related to This Agreement Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All actions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller as the law allows. Support Requirements If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserve the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law. Incorporation of Solicitation The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same, and all associated documents and forms made part of the solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim. SECTION HEADERS OR TITLES THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. STATUTORY REQUIREMENTS Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270. By executing this agreement, you certify that you are authorized to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign‐terrorist.pdf Packet Page. 549 TIPS Vendor Agreement 021522_sr Page 10 You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non‐compliance decision and the TIPS Agreement number and description at: Attention: General Counsel ESC Region 8/The Interlocal Purchasing System (TIPS) 4845 Highway 271 North Pittsburg, TX,75686 And by an email sent to bids@tips‐usa.com Insurance Requirements The undersigned Vendor agrees to maintain the below minimum insurance requirements for TIPS Contract Holders: General Liability $1,000,000 each Occurrence/ Aggregate Automobile Liability $300,000 Includes owned, hired & non‐owned Workers' Compensation Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. Umbrella Liability $1,000,000 When the Vendor or its subcontractors are liable for any damages or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members shall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A‐; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non‐renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member. Special Terms and Conditions • Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips‐ usa.com. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility to forward a copy of the order to TIPS at the email above within 3 business days and confirm its receipt with TIPS. • Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program. Packet Page. 550 TIPS Vendor Agreement 021522_sr Page 11 •Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days. •Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accordance with the award. •Back Ordered Products: If product is not expected to ship within the time provided to the TIPS Member by the Vendor, the Member is to be notified within 3 business days and appropriate action taken based on customer request. The TIPS Vendor Agreement Signature Page is inserted here. Packet Page. 551 State Zip Fax Company Name Address City Phone Email of Authorized Representative Name of Authorized Representative Title Signature of Authorized Representative Date TIPS Authorized Representative Name Title TIPS Authorized Representative Signature Approved by ESC Region 8 Date TIPS Vendor Agreement Signature Form RFP 221003 Electronics, Appliances and Associated Goods and Services David Fitts Executive Director 1/26/2023 GoTo Communications 02210 1-781-998-7792 kurt.snodgrass@goto.com Steve Boss AVP of North American Sales 333 Summer Street Boston MA 1-800-993-1790 11/16/22 Packet Page. 552 221003 GoTo Communications, Inc. Supplier Response Event Information Number:221003 Title:Electronics, Appliances and Associated Goods and Services Type:Request for Proposal Issue Date:10/6/2022 Deadline:11/17/2022 03:00 PM (CT) Notes:IF YOU CURRENTLY HOLD TIPS CONTRACT 191003 ELECTRONICS AND APPLIANCES, GOODS AND SERVICES ("191003"), YOU MUST RESPOND TO THIS SOLICITATION TO PREVENT LAPSE OF CONTRACT UNLESS YOU HOLD ANOTHER CURRENT TIPS CONTRACT THAT COVERS ALL OF YOUR ELECTRONIC/APPLIANCE OFFERINGS. THIS AWARDED CONTRACT WILL REPLACE YOUR EXPIRING TIPS CONTRACT 191003. IF YOU HOLD ANOTHER TIPS CONTRACT OTHER THAN 191003 WHICH COVERS ALL OF YOUR ELECTONIC/APPLIANCE OFFERINGS AND YOU ARE SATISFIED WITH IT, THERE IS NO NEED TO RESPOND TO THIS CONTRACT UNLESS YOU PREFER TO HOLD BOTH CONTRACTS. Vendor: GoTo Communications, Inc.221003Page 1 of 32 pages Packet Page. 553 Contact Information Address:Region 8 Education Service Center 4845 US Highway 271 North Pittsburg, TX 75686 Phone:+1 (866) 839-8477 Email:bids@tips-usa.com Vendor: GoTo Communications, Inc.221003Page 2 of 32 pages Packet Page. 554 GoTo Communications, Inc. Information Contact:Kurt Snodgrass Address:2570 West 600 North Lindon, UT 84042 Phone:(781) 850-1433 Fax:(781) 850-1433 Toll Free:(866) 768-5429 Email:kurt.snodgrass@goto.com Web Address:www.jive.com By submitting your response, you certify that you are authorized to represent and bind your company. Kurt A. Snodgrass kurt.snodgrass@goto.com Signature Email Submitted at 11/16/2022 02:29:01 PM (CT) Requested Attachments Agreement Signature Form 221003 Agreement Signature Form.pdf If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the completed and signed AGREEMENT SIGNATURE FORM, and upload here. If you have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations have been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a required document. All Other Certificates No response All Other Certificates (if applicable) must be scanned and uploaded. If vendor has more than one other certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Pricing Form 2 221003 Pricing Form 2 (GoTo).xlsx The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Reference Form 221003 Reference_Form.xls The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Conflict of Interest Form CIQ- ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS No response ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in the Base documents or can be found at https://www.tips-usa.com/assets/documents/docs/CIQ.pdf. Proposed Goods and Services Proposed Goods and Services.pdf Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR list links to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer under this proposal. It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could be as simple as a sheet with your link to your online catalog of goods and services. Vendor: GoTo Communications, Inc.221003Page 3 of 32 pages Packet Page. 555 D/M/WBE Certification OPTIONAL No response D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the identified enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Enterprise) If vendor has more than one certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Warranty Warranty.pdf Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Vendor Agreement 221003 Vendor Agreement.pdf The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and upload the completed agreement. DO NOT UPLOAD encrypted or password protected files. Pricing Form 1 221003 Pricing Form 1 (GoTo).xlsx The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Supplementary Supplementary.pdf Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files. Logo and Other Company Marks No response If you desire, please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the Supplementary section or another non-required section under the “Response Attachment” tab. Preferred Logo Format: 300 x 225 px - .png, .eps, .jpeg preferred Certification of Corporate Offerer Form- COMPLETE ONLY IF OFFERER IS A CORPORATION CERTIFICATION OF CORPORATE OFFERER FORM.pdf COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION Disclosure of Lobbying Activities Standard Form LLL No response ONLY IF you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the Standard Form-LLL, “disclosure Form to Report Lobbying,” in the Response attachments section. Confidentiality Claim Form 221003 CONFIDENTIALITY CLAIM FORM.pdf REQUIRED CONFIDENTIALITY FORM. PLEASE READ CAREFULLY AND FOLLOW THE INSTRUCTIONS. Complete the form according to your company requirements, make any desired attachments and upload to the appropriate section under "Response Attachments" THIS FORM DETERMINES HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS. Current W-9 Tax Form W-9 GoTo Communications, Inc._DocuSigned (Payment Remittance Info).pdf You are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity. Bid Attributes 1 Yes - No Disadvantaged/Minority/Women Business Enterprise - D/M/WBE/Federal HUBZone (Required by some participating governmental entities). Vendor certifies that their firm is a D/M/WBE or HUBZone? Vendor must upload proof of certification to the ”Response Attachments” D/M/WBE CERTIFICATES section. NO Vendor: GoTo Communications, Inc.221003Page 4 of 32 pages Packet Page. 556 2 Yes - No Historically Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies that their firm is a HUB as defined by the State of Texas at https://comptroller.texas.gov/purchasing/vendor/hub/. Proof may be submitted. Vendor must upload proof of certification to the “Response Attachments” HUB CERTIFICATES section. No 3 Yes - No The Vendor can provide services and/or products to all 50 US States? Yes 4 States Served: If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX) No response 5 Company and/or Product Description: This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit 750 characters.) GoTo provides enterprise Hosted VoIP and business phone systems, mobile VoIP applications, web and video conferencing, and cloud contact center. 6 Primary Contact Name Primary Contact Name Kurt Snodgrass 7 Primary Contact Title Primary Contact Title Business Development Manager 8 Primary Contact Email Primary Contact Email kurt.snodgrass@goto.com 9 Primary Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 7818501433 1 0 Primary Contact Fax Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 7818501433 Vendor: GoTo Communications, Inc.221003Page 5 of 32 pages Packet Page. 557 1 1 Primary Contact Mobile Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 4059199113 1 2 Secondary Contact Name Secondary Contact Name Kayly Shelton Snyder 1 3 Secondary Contact Title Secondary Contact Title Senior RFP Analyst 1 4 Secondary Contact Email Secondary Contact Email kayly.shelton@goto.com 1 5 Secondary Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 4053552559 1 6 Secondary Contact Fax Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 No response 1 7 Secondary Contact Mobile Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 23 1 8 Admin Fee Contact Name Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS. Kurt Snodgrass 1 9 Admin Fee Contact Email Admin Fee Contact Email kurt.snodgrass@goto.com Vendor: GoTo Communications, Inc.221003Page 6 of 32 pages Packet Page. 558 2 0 Admin Fee Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 7818501433 2 1 Purchase Order Contact Name Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS. Kurt Snodgrass 2 2 Purchase Order Contact Email Purchase Order Contact Email kurt.snodgrass@goto.com 2 3 Purchase Order Contact Phone Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477 7818501433 2 4 Company Website Company Website (Format - www.company.com) www.goto.com 2 5 Entity D/B/A's and Assumed Names Please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the legal name under which you responded to this solicitation unless you organize otherwise with TIPS after award. No response 2 6 Primary Address Primary Address 333 Summer Street 2 7 Primary Address City Primary Address City Boston 2 8 Primary Address State Primary Address State (2 Digit Abbreviation) MA 2 9 Primary Address Zip Primary Address Zip 02210 Vendor: GoTo Communications, Inc.221003Page 7 of 32 pages Packet Page. 559 3 0 Search Words: Please list search words to be posted in the TIPS database about your company that TIPS website users might search. Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY NOT LIST NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer name, etc.) Hosted VoIP, Telecommunications, Jive, Internet 3 1 Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your intent to be able to sell to our members regardless of the fund source, whether it be local, state or federal? Most of our members receive Federal Government grants or other funding and they make up a significant portion of their budgets. The Members need to know if your company is willing to sell to them when they spend federal budget funds on their purchase. There are attributes that follow that include provisions from the federal regulations in 2 CFR part 200, etc. Your answers will determine if your award will be designated as eligible for TIPS Members to utilize federal funds with your company. Do you want TIPS Members to be able to spend Federal funds, at the Member's discretion, with you? Yes 3 2 Yes - No Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority owner: (A) has its principal place of business in Texas; OR (B) employs at least 500 persons in Texas? This question is required as a data gathering function for information to our members making purchases with awarded vendors. It does not affect scoring with TIPS. No 3 3 Company Residence (City) Vendor's principal place of business is in the city of? Boston 3 4 Company Residence (State) Vendor's principal place of business is in the state of? MA Vendor: GoTo Communications, Inc.221003Page 8 of 32 pages Packet Page. 560 3 5 Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES ON THIS ATTRIBUTE QUESTION Remember this is a MINIMUM discount percentage. So, be sure that the discount percentage inserted here can be applied to ANY OFFERING OF GOODS OR SERVICES THROUGHOUT THE LIFE OF THE CONTRACT. CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUM DISCOUNT PERCENTAGE ON ANY OFFERED SERVICE OR GOOD NOW OR DURING THE LIFE OF THE CONTRACT. What is the MINIMUM percentage discount off of any item or service you offer to TIPS Members that is in your regular catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when adding new goods or services to your offerings during the life of the contract? The resulting price of any goods or services Catalog list prices after this discount is applied is a ceiling on your pricing and not a floor because, in order to be more competitive in the individual circumstance, you may offer a larger discount depending on the items or services purchased and the quantity at time of sale. Please note that any specific greater discount offered for a particular product, brand, or service listed in Vendor's proposal will control and Vendor will be required to honor that greater specific discount, in excess of the minimum discount, for that particular product, brand, or service for the life of the contract. Must answer with a number between 0% and 100%. 20% 3 6 MINIMUM Discount Term Does the vendor agree to at least offer, for the life of the Agreement, the Minimum Discount Percentage off list or catalog proposed by Vendor in response to the Attribute entitled "Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES ON THIS ATTRIBUTE QUESTION"? TIPS will utilize this response to satisfy the Long Term Cost scoring evaluation criteria. A "YES" answer will be awarded the maximum 10 points for this criterion out of the 100 total points and a "NO" answer is awarded 0 points. YES 3 7 Yes - No If awarded on this TIPS Contract, for the duration of the Contract, Vendor agrees to provide, upon request, their then current catalog pricing, as defined in the solicitation and below, to TIPS upon request for any goods and services offered on Vendor's TIPS Contract. "Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of date, during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form that: A. is regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available for inspection by a customer during the purchase process; C. to which the minimum discount proposed by the proposing Vendor may be applied. YES Vendor: GoTo Communications, Inc.221003Page 9 of 32 pages Packet Page. 561 3 8 TIPS Administration Fee By submitting a proposal, Vendor agrees to remit to TIPS the required TIPS Administration Fee, as designated in the solicitation or as otherwise agreed in writing. If Authorized Resellers are named, Vendor agrees to guarantee remittance of the TIPS Administration fee by or for the Authorized Reseller. TIPS/ESC Region 8 is required by Texas Government Code Section 791 to be compensated for its work. Thus, submission of this proposal requires agreement to this term. 3 9 TIPS Administration Fee Paid by Vendor - Not Charged to Customer Vendor understands and agrees that it owes TIPS a TIPS Administration Fee (published in the RFP/RCSP document) on every TIPS sale made under an awarded TIPS Contract. Vendor further understands and agrees that Vendor shall submit pricing with this proposal which includes and accounts for the TIPS Administration Fee and shall never separately charge the TIPS Member Customer the TIPS fee or add the TIPS Administration Fee line item to an invoice or similar purchase document. Submission of this proposal is Vendor’s certification that Vendor agrees to this mandatory term. 4 0 Additional Discounts? Do you offer additional discounts to TIPS members for large order quantities or large scope of work? Yes 4 1 Years in Business as Proposing Company Years in business as proposing company? 19 4 2 Resellers: Does the vendor have resellers that it will name under this contract? Resellers are defined as other companies that sell your products under an agreement with you, the awarded vendor of TIPS. EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME would list BIGmart as a reseller. (If applicable, Vendor should add all Authorized Resellers within the TIPS Vendor Portal upon award). Yes 4 3 Right of Refusal The proposing vendor has the right not to sell under the awarded agreement with a TIPS member at vendor's discretion unless required by law. Vendor: GoTo Communications, Inc.221003Page 10 of 32 pages Packet Page. 562 4 4 NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid or proposal, the Bidder certifies that: 1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Competitor; 2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other Bidder, Competitor or potential competitor: 3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; 4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the person signing in its behalf. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. 4 5 CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ - Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or NO If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein- you are required to complete and file with TIPS. The Form CIQ is one of the attachments to this solicitation. There is an optional upload for this form provided if you have a conflict and must file the form No 4 6 Filing of Form CIQ If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above? No response 4 7 Regulatory Standing I certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies Federal or state that regulate any part of our business operations. If not, please explain in the next attribute question. Yes 4 8 Regulatory Standing Regulatory Standing explanation of no answer on previous question. No response Vendor: GoTo Communications, Inc.221003Page 11 of 32 pages Packet Page. 563 4 9 Antitrust Certification Statements (Tex. Government Code § 2155.005) By submission of this bid or proposal, the Bidder certifies that: I affirm under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. Vendor: GoTo Communications, Inc.221003Page 12 of 32 pages Packet Page. 564 5 0 Suspension or Debarment Instructions Instructions for Certification: 1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providing the certification set out herein in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participants,” “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment. 5 1 Suspension or Debarment Certification By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a federally funded contract as described above. Yes Vendor: GoTo Communications, Inc.221003Page 13 of 32 pages Packet Page. 565 5 2 Non-Discrimination Statement and Certification In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities) All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender. Not a negotiable term. Failure to agree by answering YES will render your proposal non-responsive and it will not be considered. I certify that in the performance of a contract with TIPS or its members, that our company will conform to the foregoing anti-discrimination statement and comply with the cited and all other applicable laws and regulations. Yes, I certify (Yes) 5 3 2 CFR PART 200 Contract Provisions Explanation Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIPS Members: The following provisions are required to be in place and agreed if the procurement is funded in any part with federal funds. The ESC Region 8 and TIPS Members are the subgrantee or Subrecipient by definition. Most of the provisions are located in 2 CFR PART 200 - Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards at 2 CFR PART 200. Others are included within 2 CFR part 200 et al. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. Vendor: GoTo Communications, Inc.221003Page 14 of 32 pages Packet Page. 566 5 4 2 CFR PART 200 Contracts Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does vendor agree? Yes 5 5 2 CFR PART 200 Termination Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS. Does vendor agree? Yes 5 6 2 CFR PART 200 Clean Air Act Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires that the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the above regulations, including all of the terms listed and referenced therein. Does vendor agree? Yes Vendor: GoTo Communications, Inc.221003Page 15 of 32 pages Packet Page. 567 5 7 2 CFR PART 200 Byrd Anti-Lobbying Amendment Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8 and TIPS Members resulting from this procurement process the vendor certifies to the terms included or referenced herein. Does vendor agree? Yes 5 8 2 CFR PART 200 Federal Rule Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $250,000) Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Does vendor certify that it is in compliance with the Clean Air Act? Yes 5 9 2 CFR PART 200 Procurement of Recovered Materials A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above? Yes Vendor: GoTo Communications, Inc.221003Page 16 of 32 pages Packet Page. 568 6 0 2 CFR PART 200 Rights to Inventions If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that during the term of an award resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in the Federal rule above. Does vendor agree? Yes 6 1 2 CFR PART 200 Domestic Preferences for Procurements As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber. Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that to the greatest extent practicable Vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Does vendor agree? Yes Vendor: GoTo Communications, Inc.221003Page 17 of 32 pages Packet Page. 569 6 2 2 CFR PART 200 Ban on Foreign Telecommunications Federal grant funds may not be used to purchase equipment, services, or systems that use “covered telecommunications” equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. “Covered telecommunications” means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that Vendor will not purchase equipment, services, or systems that use “covered telecommunications”, as defined by 2 CFR §200.216 equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Does vendor agree? Yes 6 3 2 CFR PART 200 Contract Cost & Price For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in very rare circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R. 200.324(b). Under those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member regarding profit as a separate element of the price. However, Vendor certifies that the total price charged by the Vendor shall not exceed the Vendor’s TIPS pricing and pricing terms proposed. Does Vendor Agree? Yes Vendor: GoTo Communications, Inc.221003Page 18 of 32 pages Packet Page. 570 6 4 FEMA Fund Certifications Submission of this proposal is Vendor’s certification that Vendor agrees to this term. Vendor certifies that IF and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that: (1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to and rights to reproduce any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Vendor agrees to provide the FEMA Administrator or an authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. (2) The Vendor shall not use the Department of Homeland Security’s seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. (3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. (4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Vendor’s actions pertaining to this contract. 6 5 Certification of Compliance with the Energy Policy and Conservation Act When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any mandatory standards and policies relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act. Does Vendor agree? Yes Vendor: GoTo Communications, Inc.221003Page 19 of 32 pages Packet Page. 571 6 6 Certification Regarding Lobbying Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. I HAVE NOT Lobbied per above 6 7 If you answered "I HAVE lobbied" to the above Attribute Question If you answered "I HAVE lobbied" to the above Attribute question, you must download the Lobbying Report "Standard From LLL, disclosure Form to Report Lobbying" which includes instruction on completing the form, complete and submit it in the Response Attachments section as a report of the lobbying activities you performed or paid others to perform. 6 8 Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms. Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement. NO Vendor: GoTo Communications, Inc.221003Page 20 of 32 pages Packet Page. 572 6 9 ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the TIPS Agreement, do you agree to comply with the following federal requirements? ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the TIPS Agreement, do you agree to comply with the following federal requirements? Federal Regulation 2 CFR §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1) through (5) of this section. No response 7 0 Indemnification The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a promise to pay for any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract or negligently performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be created by or on behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or institutions to indemnify must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Liquidated damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be deleted or qualified with "to the extent permitted by the Constitution and laws of State of Texas." Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? Yes, I Agree (Yes) Vendor: GoTo Communications, Inc.221003Page 21 of 32 pages Packet Page. 573 7 1 Remedies The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the choice of law, venue and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an arbitration resolution of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request of either party. Any issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator’s fee and any associated filing fee equally. Mediation shall be held in Camp or Titus County, Texas. Agreements reached in mediation shall be reduced to writing, and will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of Directors, and, if signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Do you agree to these terms? Yes, I Agree 7 2 Remedies Explanation of No Answer No response 7 3 Choice of Law The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located outside Texas. Do you agree to these terms? Agreed 7 4 Venue, Jurisdiction and Service of Process Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Any dispute resolution process other than litigation shall have venue in Camp County or Titus County Texas. Do you agree to these terms? Agreed Vendor: GoTo Communications, Inc.221003Page 22 of 32 pages Packet Page. 574 7 5 Infringement(s) The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible property rights attributed to or claims based on the Vendor's proposal or Vendor’s performance of contracts awarded and approved. Do you agree to these terms? Yes, I Agree 7 6 Infringement(s) Explanation of No Answer No response 7 7 Contract Governance Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. Yes, I Agree (Yes) 7 8 Payment Terms and Funding Out Clause Payment Terms: TIPS or TIPS Members shall not be liable for interest or late payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding Out Clause: Vendor agrees to abide by the laws and regulations, including Texas Local Government Code § 271.903, or any statutory or regulatory limitations of the jurisdiction of any TIPS Member which governs contracts entered into by the Vendor and TIPS or a TIPS Member that requires all contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. See statute(s) for specifics or consult your legal counsel. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? Yes, I Agree (Yes) Vendor: GoTo Communications, Inc.221003Page 23 of 32 pages Packet Page. 575 7 9 Insurance and Fingerprint Requirements Information Insurance If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an automobile, you must carry automobile insurance as required by law. You may be asked to provide proof of insurance. Fingerprint It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, Chapter 22, Section 22.0834 & 22.08341. Statutory language may be found at: http://www.statutes.legis.state.tx.us/ If the vendor has staff that meet both of these criterion: (1) will have continuing duties related to the contracted services; and (2) has or will have direct contact with students Then you have ”covered” employees for purposes of completing the attached form. TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questions on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at NCJU@txdps.state.tx.us and you should send an email identifying you as a contractor to a Texas Independent School District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474. See form in the next attribute to complete entitled: Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Vendor: GoTo Communications, Inc.221003Page 24 of 32 pages Packet Page. 576 8 0 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. I certify that: NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. OR SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days. (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. None Vendor: GoTo Communications, Inc.221003Page 25 of 32 pages Packet Page. 577 8 1 Texas Business and Commerce Code § 272 Requirements as of 9-1-2017 SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of another state, to be required to litigate the contract in another state, or to require arbitration in another state. A contract with such provisions is voidable. Under this new statute, a “construction contract” includes contracts, subcontracts, or agreements with (among others) architects, engineers, contractors, construction managers, equipment lessors, or materials suppliers. “Construction contracts” are for the design, construction, alteration, renovation, remodeling, or repair of any building or improvement to real property, or for furnishing materials or equipment for the project. The term also includes moving, demolition, or excavation. BY RESPONDING TO THIS SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AGREES TO COMPLY WITH THE TEXAS BUSINESS AND COMMERCE CODE § 272 WHEN EXECUTING CONTRACTS WITH TIPS MEMBERS THAT ARE TEXAS GOVERNMENT ENTITIES. 8 2 Texas Government Code 2270 & 2271 Verification Form Texas Government Code 2270 & 2271 Verification Form If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the Vendor agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory, but does not include an action made for ordinary business purposes. Our entity further certifies that it is is not listed on and we do not do business with companies prohibited by Texas Government Code 2270 or that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf I swear and affirm that the above is true and correct. YES Vendor: GoTo Communications, Inc.221003Page 26 of 32 pages Packet Page. 578 8 3 Logos and other company marks Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the "Logo and Other Company Marks" section under the “Response Attachment” tab. Preferred Logo Format: 300 x 225 px - .png, .eps, .jpeg preferred Potential uses of company logo: * Your Vendor Profile Page of TIPS website * Potentially on TIPS website scroll bar for Top Performing Vendors * TIPS Quarterly eNewsletter sent to TIPS Members * Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before publishing) 8 4 Solicitation Deviation/Compliance Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation? Yes 8 5 Solicitation Exceptions/Deviations Explanation If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation. No response 8 6 Agreement Deviation/Compliance Does the vendor agree with the language in the Vendor Agreement? Yes 8 7 Agreement Exceptions/Deviations Explanation If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed on this attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated below. In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Vendor Agreement. No response Vendor: GoTo Communications, Inc.221003Page 27 of 32 pages Packet Page. 579 8 8 Felony Conviction Notice Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” (c) This section does not apply to a publicly held corporation. The person completing this proposal certifies that they are authorized to provide the answer to this question. Select A., B. or C. A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you answer C below, you are required to provide information in the next attribute. B. Firm not owned nor operated by felon; per above 8 9 If you answered C. My Firm is owned or operated by a felon to the previous question, you are REQUIRED TO ANSWER THE FOLLOWING QUESTIONS. If you answered C. My Firm is owned or operated by a felon to the previous question, you must provide the following information. 1. Name of Felon(s) 2. The named person's role in the firm, and 3. Details of Conviction(s). No response 9 0 Required Confidentiality Claim Form Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from the “Attachments” section, complete according to the instructions on the form, then upload the completed form, with any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. THIS REQUIRED PROCESS IS THE ONLY WAY TO DEEM PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE REQUIRED FORM. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email bids@tips-usa.com. Vendor: GoTo Communications, Inc.221003Page 28 of 32 pages Packet Page. 580 9 1 Member Access to Vendor Proposal Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation as confidential or proprietary, Vendor’s acceptance of this TIPS Contract constitutes Vendor’s consent to the disclosure of Vendor’s comprehensive proposal, including any information deemed confidential or proprietary, to TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or any other party. By submitting this proposal, Vendor certifies the foregoing. 9 2 Choice of Law clauses with TIPS Members If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect. Agreed 9 3 Venue of dispute resolution with a TIPS Member In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity as a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at the time the dispute resolution model is decided by the parties. Agreed 9 4 Automatic renewal of contracts or agreements with TIPS or a TIPS member entity This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member entities. Because TIPS and TIPS members are governmental entities subject to laws that control appropriations of funds during their fiscal years for contracts and agreements to provide goods and services, does the Vendor agree to limit any automatic renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not longer than "month to month" and at the TIPS contracted rate. Agreed 9 5 Indemnity Limitation with TIPS Members Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others. TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitution of the state where the customer resides, ". Agreement is a required condition to award of a contract resulting from this Solicitation. Agreed 9 6 Arbitration Clauses Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS? Agreed Vendor: GoTo Communications, Inc.221003Page 29 of 32 pages Packet Page. 581 9 7 Required Vendor Sales Reporting By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a price from the awarded Vendor requests the TIPS contract, Vendor must include the TIPS Contract number on any communications with the TIPS Member entity. If awarded, you will be provided access to the Vendor Portal. To report sales, login to the TIPS Vendor Portal and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have further questions, contact the Accounting Team at accounting@tips-usa.com. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS. 9 8 Upload of Current W-9 Required Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity. 9 9 CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021: If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 13 (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See Tex. Gov’t Code § 809.001(1). Vendor: GoTo Communications, Inc.221003Page 30 of 32 pages Packet Page. 582 1 0 0 CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021: If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted under Tex. Gov’t Code § 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this contract, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19. 1 0 1 CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree to the following required by Texas law as of September 1, 2021: Proposing Company is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to the company direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the Proposing Company for product warranty and support purposes. Company, certifies that neither it nor its parent company nor any affiliate of company or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this contract, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See Tex. Gov’t Code § 2274.0101(2) of SB 1226 (87th leg.). The company verifies and certifies that company will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor. Vendor: GoTo Communications, Inc.221003Page 31 of 32 pages Packet Page. 583 1 0 2 Acknowledgement By submitting this proposal, Vendor certifies that it has read, examined, and understands all portions of this solicitation including but not limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s). Vendor certifies that, if found to be necessary by the proposing vendor, vendor has sought the advice of counsel in understanding all portions of the solicitation. Vendor: GoTo Communications, Inc.221003Page 32 of 32 pages Packet Page. 584 ALL INFORMATION MUST BE TYPED AND FORM MUST BE UPLOADED IN EXCEL FORMAT. DO NOT HANDWRITE REFERENCES AND DO NOT CONVERT EXCEL REFERENCES Please provide three (3) references from three different entities, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. Verify your references emails are deliverable and that they agree to provide a reference. Failure to do this may delay the evaluation process. You may provide more than three (3) references. Entity Name Contact Person VALID EMAIL IS REQUIRED Phone Polk County School District Brian Collins brian.collins@polk-fl.net 863 534 0860 ext 401 Vista Unified School District DeWayne Cossey dewaynecossey@vistausd.org 760.726.2170 Imagine Charter Schools Denise Kennedy denise.kennedy@imagineschools.org,602.690.3721 TIPS RFP 221003 Electronics, Appliances and Associated Goods and Services Packet Page. 585 CERTIFICATION BY CORPORATE OFFERER COMPLETE ONLY IF OFFERER IS A CORPORATION, THE FOLLOWING CERTIFICATE SHOULD BE EXECUTED AND INCLUDED AS PART OF PROPOSAL FORM/PROPOSAL FORM. OFFERER: certify that I am the Secretary of the Corporation I, (Name of Corporate Secretary) named as OFFERER herein above; that (Name of person who completed proposal document) who signed the foregoing proposal on behalf of the corporation offerer is the authorized person that is acting as (Title/Position of person signing proposal/offer document within the corporation) of the said Corporation; that said proposal/offer was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. CORPORATE SEAL if available SIGNATURE DATE GoTo Communications (Name of Corporation) GoTo Communications Steve Boss AVP of North American Sales November 16, 2022 Packet Page. 586 TIPS RFP # Required Confidential Information Status Form Name of company Printed Name and Title of Authorized Company Officer declaring below the confidential status of material Address City State ZIP Phone ALL VENDORS MUST COMPLETE THE ABOVE SECTION CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF EDUCATION SERVICE CENTER REGION 8 AND TIPS (ESC8) IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552 If you consider any portion of your proposal to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code or other law(s), you must attach a copy of all claimed confidential materials to this COMPLETED form, name the combined PDF documents “CONFIDENTIAL”, and upload the combined, confidential documents with your proposal submission. If a document is not attached, it will not be considered confidential. The copy uploaded will be the sole indicator of which material in your proposal, if any, you deem confidential in the event TIPS/ESC 8 receives a Public Information Request. If ESC 8 receives a request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For documents deemed confidential by you in this manner, ESC8 and TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination. Notwithstanding any other information provided in this solicitation or Vendor designation of certain documentation as confidential or proprietary, Vendor’s acceptance of this TIPS Vendor Agreement constitutes Vendor’s consent to the disclosure of Vendor’s comprehensive proposal, including any information deemed confidential or proprietary, to TIPS Members. The proposing Vendor agrees that TIPS shall not be responsible or liable for any use or distribution of information or documentation by TIPS Members or any other party. ALL VENDORS MUST COMPLETE ONE OF THE TWO OPTIONS BELOW OPTION 1: I DO CLAIM parts of my proposal to be confidential and DO NOT desire to expressly waive a claim of confidentiality of all information contained within our response to the solicitation. The attached contains material from our proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 or other law(s) and I invoke my statutory rights to confidential treatment of the enclosed materials. IF CLAIMING PARTS OF YOUR PROPOSAL CONFIDENTIAL, YOU MUST ATTACH THE SHEETS TO THIS FORM AND LIST THE NUMBER OT TOTAL PAGES THAT ARE CONFIDENTIAL. ATTACHED ARE COPIES OF PAGES OF CLAIMED CONFIDENTIAL MATERIAL FROM OUR PROPOSAL THAT WE DEEM TO BE NOT PUBLIC INFORMATION AND WILL DEFEND THAT CLAIM TO THE TEXAS ATTORNEY GENERAL IF REQUESTED WHEN A PUBLIC INFORMATION REQUEST IS MADE FOR OUR PROPOSAL. Signature Date ----------------------------------------------------------- OR --------------------------------------------------- OPTION 2: I DO NOT CLAIM any of my proposal to be confidential, complete the section below. Express Waiver: I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS. Signature Date Confidentiality Claim Form Rev 10292021SR GoTo Communications Steve Boss, AVP of North American Sales 333 Summer Street Boston MA 02210 1-800-993-1790 11/16/22 11/16/2022 221003 Packet Page. 587 VENDOR SUPPLEMENTAL INFORMATION TIPS permits Vendors to submit supplemental documentation and information (“Vendor Supplemental Information”) with their proposals to display to TIPS Member Customers their qualifications, offerings, and special terms. The following documents are for marketing and informational purposes only. They are not terms of Vendor’s TIPS Contract. If the Vendor Supplemental Information herein contains any warranties, terms, or conditions, the TIPS Member Customer may review and determine whether or not those are applicable and acceptable for any TIPS purchase before proceeding. If the Vendor Supplemental Information contains any licenses or certificates, TIPS encourages the TIPS Member Customer to ensure current accuracy at the time of a TIPS purchase. Packet Page. 588 Service Requirements Warranty, Service and Support Our Customer Experience brings together the expertise of the GoTo Account Management, Technical Support, and Customer Service teams to deliver world -class service and support. All GoTo Customer Experience teams a re Americas-based and available 24/7, through multiple channels, including toll free telephone, email, online, and chat. All access is unlimited, and no additional contracts or fees are required. Service Level Agreement (SLA) GoToConnect’s Service Level Agreement (SLA) describes the specific service level agreements and conditions for GoToConnect Cloud Voice and Unified Communications (UC). The SLA also specifies the measures to be taken in case of deviation or failure to meet the asserted service guarantees. GoTo guarantees Cloud Voice and UC will maintain four 9’s (99.99%) in any given calendar year. The SLA can be furnished upon request. Technical Support / Customer Service With GoToConnect, our Technical Support (TS) and Customer Service (CS) teams are fully integrated. Your call, email or chat is immediately answered by a TS/CS team member trained to evaluate your issue, assist you personally with resolving it, or connect you directly with the team member best able to assist you. The majority of system issues can be quickly resolved by GoToConnect Customer Service Representatives (CSRs). All CSRs complete training certification in the GoToConnect solution prior to answering customer calls, emails, or chats. Additionally, our Technical Support Representatives (TSRs) are trained and certified in the GoToConnect system. Monitoring and Maintenance GoToConnect’s solution is consistently managed and maintained to ensure everything is kept up-to -date. Our Cloud is engineered in such a way that updates and maintenance do not require scheduled downtime but are instead rolled out across the platform during periods of low utilization. Internal to the Cloud platform, over 1,200 different parameters are constantly monitored to ensure they are functioning within acceptable limits. Any variance out of normal bounds triggers automatic alarming of NOC staff via multiple channels. Alarms are triggered well before an issue escalates to the point of causing service degradation, allowing for proactive issue resolution before clients are affected. All of the hardware endpoints that are used for delivery of the hosted services are covered under warranty. In the case of the VoIP handsets, the hardware has a one-year manufacturer's warranty, with extensions that can be purchased for up to four additional years. Warranties on any routers and switches sold vary by manufacturer and model but are never less than five years (and in some cases are lifetime). Our services manufacture warranties for products we Packet Page. 589 sell. For the duration of the service, GoTo provides maintenance and support for the hardware endpoints we sell. All other maintenance and support services (regardless of warranty agreement) are available 24/7 at no additional charge. If a handset fails within the warranty time window, GoTo will send an advance replacement handset to the customer, pre-programmed to replace the faulty device. Alternatively, some clients maintain a number of extra handsets —those can be programmed via GoToConnect’s online administrator portal controls to replace the faulty device at any given moment, minimizing any downtime. If the handset is outside of warranty, a replacement can be purchased from GoTo, programmed, and sent to the customer site (next-day shipping is available). Packet Page. 590 Implementation and Support GoTo uses proven best practices and a proactive, high-touch approach to manage the implementation of all new GoTo Voice and UC solutions. Applied across the following phases of the implementation life cycle, the GoTo approach delivers consistent, high -quality results that minimize the pain traditionally associated with changing your telephone service provider while at the same time maximizing the impact of GoToConnect across your entire organization. Initiating: GoTo Project Managers (PMs) review expectations and gather custom er information and preferences required for system configuration and number porting. They clearly define transition activities, timelines, and responsibilities for the customer and the GoTo implementation team. Detailed statement of work, project plan (w ith schedule), and preliminary order paperwork are prepared and presented to the customer for review and approval. GoTo engineers assess the current communications environment and identify system needs. They prepare a detailed assessment report and network diagram(s) outlining recommended network configuration. Planning: The Project System Trainer or Field Engineer will hold a training with the customer and work together, with the customer, to build out the PBX. They establish a communications plan, scheduling regular status meetings with the customer and GoTo sales, engineering, training, project management, and deployment teams. They will work with you through system testing and training plans for the completed solution most fit for your needs. Executing: GoTo engineers help to configure GoToConnect, providing requested guidance with dial plans and other features according to customer -provided specifications and preferences. Engineers also complete any specialized integration requirements, upon furthe r scoping. Fulfillment specialists order equipment and monitor the number porting process. Regular status calls ensure the transition process stays on -track with established milestones and timelines. Testing: GoTo quality assurance specialists test eve ry feature to ensure it is operating correctly and in accordance with customer specifications. Engineers test the network configuration and, if applicable, test and turn up the GoTo broadband data connection. Fulfillment specialists test E911 configurati ons in compliance with Federal regulations. All GoTo hardware - including handsets, routers, and other equipment - arrives on the customer location pre-provisioned and ready for immediate plug -and-play. GoTo PMs and engineers work with the customer to te st and verify all system features and functions. Dedicated project system trainers provide administrator and end user training to familiarize the customer with GoToConnect. Project Completion: Numbers port from the losing carrier to GoTo, all system features and hardware endpoints are activated, and call processing (inward and outward) is initiated. Once live, a dedicated GoTo Customer Success Manager (SAM) is available to support the system and troubleshoot and resolve any service issues. Packet Page. 591 Training GoTo wants every customer to get the most out of their GoTo Connect solution. With a variety of training options, customers can select the time, method, and materials that best meet their organization al needs. All remote -based training is unlimited and included with the GoTo Connect solution at no additional cost. In additions to the options outlined below, on-site training for either Administrators, End Users, or both is offered upon request and at a minimal charge. Administrator Training GoTo follows a train the trainer methodology in its GoToConnect administrator trainings, providing participants with the ability to train other members of the organization upon completion. The following administrator training options are available: •Customer On-boarding Training. New GoToConnect customers are invited to participate in on-boarding administrator trainings. These one-hour trainings, done over the phone with screen-sharing, are tailored to customer needs and provide an overview of how to configure and use our solution specifically for their organization. •Online Video Tutorials. For the GoToConnect solution, we have created a series of training videos on our YouTube channel, which provide straightforward guidance on system configuration and features that can be accessed at any time. •Administrator Guide. All users are provided with detailed written guides that include instructions on how to use all GoToConnect features. Guides are always available online and can be made available for printed format upon request. •Ad Hoc Training. GoToConnect CSRs are available for phone-based trainings on an ad hoc basis. Customers may either schedule a time with a CSRs to attend a personalized administrator training or they may simply call GoTo customer service with any questions they have. •Customized, On-Site Training. GoTo can provide customized, on-site training for GoToConnect’s solution upon request. Additional fees apply. End-User Training GoTo offers the following options for end-user training on GoToConnect’s solution: •Self-guided Training. Online video tutorials, quick-start and quick reference guides, and interactive user manuals are provided for end users. These training references are available online at any time and are provided at no additional cost. •Administrator-Led Training. GoTo will provide customers with access to training support materials to enable administrators who have completed GoToConnect administrator training to train other members of their organization. Materials are available online at any time and are provided at no additional cost. •Ad Hoc Training. GoTo Customer Service Representatives are available for phone-based user training on an ad hoc basis. Customers may either schedule a time with a Representative to attend a personalized user training or they simply call our customer service with any questions they have. Ad hoc training is provided to all customers at no additional cost. Packet Page. 592 Executive Summary & Product Overview GoTo is pleased to present the GoToConnect Hosted Cloud Solution. GoTo is a leader in UCaaS; G2 just rated GoToConnect as the # 1 UCaaS solution. As you may notice, we have a new name: GoTo. This reflects who we are as an organization and what we can provide. At GoTo we create tools for IT management & support, and communication. Our focus is simple: we make IT’s life easier, anywhere. We do it through software that’s easy to deploy and use, with an incredible record of reliability, and tools that can scale from SMB to enterprise. We are the only company that can empower you to connect AND support your employees and customers with a single application. •Simple: Our software is built for SMBs but powerful enough for enterprises. We know the value of SMBs to our economy, and we want to bring SMBs the same value we bring companies like Salesforce and Dyson . Our tools are easy to buy, easy to manage and easy to use. Because we know easy is an important aspect to organizations of all sizes. •Secure: Our company has been grounded in trustworthiness since Day 1. We are recognized as such by countless third-party and consumer review sites because of our strongest reputation for uptime, customer support, reliability, and overall performance of our products. We never sacrifice that trust. Rather, we innovate on top of it, as we’re pioneers of Zero-Trust security. •Flexible: Flexibility comes with bleeding-edge partnerships. We are proud to leverage our global network of trusted technology and channel partners to unlock more value for however you like to do business. With more than 100 strategic alliances, our API integration strategy enables simple, secure, and flexible experiences across many verticals. We do all this through our GoTo portfolio of flexible-work software. Our simple, integrated solutions will empower your employees to do their best work. Our simple, integrated solutions will empower your employees to do their best work. We are the all -in -one solution for essential connections, making Business Communications and IT Support easy for small -to-medium sized businesses, communities, and organizations. Packet Page. 593 GoTo has been making IT easy since 2003. We were born in 2003 with working from home in our DNA. Since then we have grown to a billion-dollar business and an innovative leader in UCaaS, CCaS, and Remote Support. When 2020 happened -our products and services suddenly became essential for all businesses to connect and support their customers and employees, so we helped SMBs and organizations around the world make the rapid shift to hybrid and remote work with free Emergency Remote kits. In 2022, we rebranded from LogMeIn to GoTo to better align with the essentials that we provide our customers and communities to keep their business and communities running through uneasy times. We will continue to develop as the all-in-one solution for essential connections. We offer one of the only ways to keep both your employees and customers connected, supported and secure, and this is in combination with affordability. Our software is built to help you optimize your tech stack, create efficiencies in a cost-saving manner. Our software also delivers the simplest, most secure, and most flexible experience for IT professionals and their end-users. Today, we are here to propose our GoToConnect solution . GoToConnect has been built across the same fundamental principles as our other products; that principle is to be Simple, Secure & Flexible. Simple: GoToConnect is the easiest phone system to manage on the market. We create a simple admin experience through our unified administration portal. Our administration portal is recognized by admin users time-and-time again as the most intuitive . We are able to achieve this through unique features like our Visual Dial Plan Editor. Packet Page. 594 Secure: GoToConnect customers secure peace of mind as we reduce unnecessary headaches where possible: •Throughout COVID-19 and the surge to Video Conferencing platforms, our relentless focus on our stability of service saw us become the most reliable and , therefore, trusted video-meetings platform when compared to the competition. •Working from home can be a challenge with weak Wi-Fi, but our Product/Solution requires the least bandwidth for Video and Screen Share compared to our competitors . This has been proven by independent sources and, most importantly, end-users on review sites like G2 Crowd, TrustRadius, SoftwareAdvice, GetVoIP and more! •Should our customers need us, they can reach us anytime and anywhere, for we are available 24/7. Our customer support is consistently rated #1 by end-users on review sites. Awards and Recognition GoTo's UCC solutions have been recognized as leaders in the industry. Several examples include but are not limited to the following: •2022 TMCNet Product of the Year Award for exceptional innovation following February’s rebrand and launch of a new product experience •TrustRadius recognizes GoTo products for twelve of their 2022 Top Rated Awards following GoTo's recent rebrand from LogMeIn •2021: TMC, a global, integrated media company, has named GoToConnect Contact Center as a 2021 Contact Center Technology Award winner, presented by CUSTOMER Magazine •2022 Shortlist Awards for VoIP and Call Center Software •Leader in G2’s Spring 2022 Grid Reports for VoIP Providers •2022 TrustRadius Top Rated Awards in Unified Communications as a Service (UCaaS), VoIP and Video Conferences Packet Page. 595 GoTo is the All-In-On e Solution for Essential connections. We have top -notch offerings for all of the business communications and IT support software you would need to connect and support your employees and community easily. With a zero-trust security architecture, 99.999% uptime and 24/7 dedicated support, we have been trusted for reliability and security since 2003. In addition, we have numerous integrations, such as with Slack and Teams, plus a global network of partners to help you to connect from anywhere. GoToConnect Solution Phones: Enterprise-grade with 100+ features, and comes with inclusive minutes for local, long distance and International calls. Meetings: Video & Audio conferencing with screen share and advanced collaboration capabilities included. Meet with up to 250 people. Contact Center: Feature-rich and easy to deploy cloud -based customer engagement solution that is designed to fit the budget of any small-mid-sized business. Webinars & Virtual Events: An online event platform to deliver delightful experiences for your customers, while driving better engagement and lead generation. Training & Townhalls: Online training software for better connections. Engage before, during and after session for enhanced virtual experiences Packet Page. 596 Why GoToConnect •We have the Best Administration Tools on the market. •We're experienced, and it helped us be the Most Reliable platform throughout COVID - 19. •Our Customer Support is rated #1 by end-users; we are available 24-7 •We provide a Unique Portfolio of Flexible Software–UCaaS, CCaaS, Webinars & Virtual Events, Training & Support. •We won't be beaten on Value for Money, for you can save up to 33% against leading competitors. GoTo Meeting, included with GoToConnect With an extensive series of updates to the product, GoToMeeting delivers a flawless experience from start to finish for both IT and end users. Shaped by thousands of customer conversations, the new GoToMeeting revolutionizes the way you communicate with features designed to save you time, so you can build stronger relationships and collaborate with ease. We’re by your side before, during, and after your meetings take place – modernizing workforce productivity that will prepare your organization for years to come. Packet Page. 597 Pre-Meeting: Get started with meeting tools that make launching and joining meetings easy. •Business messaging: Communicate anytime with integrated chat. Start or join meetings in a single click – right from your current conversation. Learn More. •Your personal online meeting room: Create a custom meeting link that makes it easy to invite attendees to your own personal meeting room, reserved just for you. Learn More. •Call Me: Let GoTo Meeting call your phone when it’s time for a meeting to start. Learn More. •Join from your phone: Participants can dial in to the meeting from their phone for added flexibility on -the-go. Toll-free in over 50 countries. •Webcam preview: Test and preview your webcam before entering a meeting to check your connection and video. In-Meeting: Share, collaborate and come up with new ideas with in real -time with these GoTo Meeting features. •Screen sharing: Easily share your desktop, smartphone, or tablet screen with everyone. Present, collaborate and keep everyone on the same page. Learn More. •Meeting drawing tools: Draw on your screen to collaborate, brainstorm or present in real-time. Learn More. •Commuter Mode for mobile meetings: Call in with a distraction-free environment while on the go. Commuter mode turns your entire phone screen into a color-coded audio/mute button that uses up to 90% less bandwidth. Learn More. •Custom backgrounds: Customize your webcam background and truly work from “anywhere.” Packet Page. 598 •Presenter control: Give meeting guests presenter control so they can share their screen and help run the meeting. You can even share control of your keyboard or mouse. After your meeting See what went well in your meeting and find action items or key takeaways. •Meeting transcriptions: Easily share automatic transcripts of your recorded meetings or look back for important notes and action items. Learn More. •Cloud recording: Record your meetings locally or in the cloud and share or revisit them later. Learn More. •Meeting diagnostic reports: View stats and analysis of meeting performance on an individual level, for quick troubleshooting. Integrate with your favorite tools: Integrate GoTo Meeting with apps you already use in your workflow. Launch meetings directly from Slack, Outlook, Chrome, or Salesforce for a smoother, more convenient meeting experience. Packet Page. 599 1 8 4 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Lynn Merrill, Director of Public Works, Operations and Maintenance Department:Public Works Subject:Agreement with Cal Stripe, Inc., for Street Striping and Pavement Marking 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 Cal Stripe Inc., for street striping and pavement marking services; and 2. Authorize the Agency Director of Finance and Management Services to issue a purchase order in the amount of $420,000. Executive Summary The award of the striping contract is designed to deliver a professional, efficient, and high-quality installation for pavement marking throughout the City. The striping will delineate the movement of both vehicular traffic and pedestrians in an effective way to provide safety for all users of the roadway. Funding for this agreement will use the Gas Tax Fund. Background The Public Works Department, specifically the Traffic Engineering Section, plays a vital role in upholding the quality and safety of the city's streets through the maintenance of striping on all City’s streets. As the responsible department of the city's transportation infrastructure, this department is entrusted with the responsibility of ensuring that road markings, including lane demarcations, crosswalks, centerlines pavement messages and other essential striping elements, are well-maintained and Packet Page. 600 1 8 4 0 clearly visible to all user of the road. The Traffic Engineering Section employs a comprehensive approach to enhance traffic flow, promote safety, and contribute to overall urban mobility. Thermoplastic striping and paint striping are two distinct methods employed in road marking, each with its unique characteristics and advantages. Paint striping, traditionally used for road markings, involves applying a liquid paint that dries to form visible lines on the road surface. While cost-effective and easy to apply, paint striping may require more frequent maintenance due to wear and fading over time. On the other hand, thermoplastic striping utilizes a pre-formed, solid material that is heated and then melted onto the road surface. This method offers enhanced durability, longevity, and reflective properties compared to traditional paint striping. Thermoplastic striping is particularly effective in high-traffic areas, providing superior resistance to abrasion and weather conditions. While paint striping is a more economical choice, thermoplastic striping stands out for its durability and visibility, making it a preferred option for long-lasting and high-performance road markings. The frequency of pavement striping maintenance can vary depending on factors such as traffic volume, weather conditions, and the type of striping material used. In general, traditional paint striping may require more frequent maintenance compared to thermoplastic striping. For paint striping, it is common to schedule re-striping every 1 to 2 years, as the paint can wear off over time due to traffic, weather exposure, and general road wear. High- traffic areas may need more frequent maintenance to ensure visibility and safety. On the other hand, thermoplastic striping tends to be more durable and longer lasting. It can last for 3 to 5 years or even more before requiring re-striping. The heat- applied nature of thermoplastic striping contributes to its enhanced longevity and resistance to wear and tear. Regular inspections are essential to assess the condition of pavement striping and determine when maintenance is necessary. Factors like faded lines, reduced reflectivity, and visible signs of wear are indicators that re- striping may be needed to maintain effective road markings. The City of San Bernadino covers 63 square miles, and maintain approximately 569 miles of roadway segments and over 1,300 lane miles (574 Center Lane miles) of streets requiring pavement markings and painting of center divider lines, curbs (to include no parking red zones), and “bullnoses” (front and back areas of street island curbs). Additionally, the City also maintains approximately 110 school crosswalks, more than 1,200 street crosswalks, and 55 City-owned parking lots at parks and city facilities. These locations all require varied maintenance and upgrades that include (but is not limited to) repainting red, yellow, white, blue, and green zones at curbs, , thermoplastic application of markings at street or school crosswalks, center divider line pavement markings, directional arrow street markings, white rumble strip installation, ceramic pavement marker installation, and parking lot/street parking striping. Packet Page. 601 1 8 4 0 Discussion To ensure our city conducts timely and first-rate street striping and pavement marking services, staff is requesting $420,000 under this maintenance services agreement. Initially the maintenance agreement will cover the period from Feb 21, 2024, to June 30, 2025, with four additional option years. Public Works staff use a combination of factors and considerations to determine when street pavement striping is maintained. •Regular inspection conducted by staff Semi-Annually. •Visual Assessment-Maintenance staff and engineering staff visually inspect roadway marking to identify signs of wear and report back to the traffic engineering section. •Traffic Volume- High traffic areas experience more wear and tear on road marking which will require frequent inspections quarterly. •Weather Deterioration – Adverse weather such as heavy rain, or extreme heat can accelerate the deterioration of roadway markings. Inspection is conducted after the rainstorms. •Feedback from Residents and Drivers through the Citizen Request Management system (CRM). On November 28, 2023, the Traffic Engineering section of Public Works, with the Finance Department, initiated a formal process to solicit proposals for street striping and pavement marking services in Request for Proposal No. F-23-81. Notices were posted on the PlanetBids website. The results of the solicitation yielded five vendors which were reviewed by Procurement for compliance with mandatory requirements. This selection was based on the lowest quote received. It is important to note that the cost results below reflect a sampling of the most typically required services and related materials and does not reflect the overall request of this maintenance services agreement (which is lower). Although the winning vendor listed an overall cost of $954,900, staff does not anticipate using all the services listed in the sampling of services listed in the cost sheet but has chosen to have options available should the need arise for specific services not typically used. In keeping with the prior fiscal year average costs for street striping and pavement marking services, the amount of this maintenance agreement will be set at $420,000. The results were as follows: Vendor City Cost Cal Stripe, Inc.Colton, CA $954,900 Superior Pavement Markings, Inc.Beaumont, CA $1,851,885 Safe USA, Inc.Ontario, CA $2,067,300 Chrisp Co.Bloomington, CA $2,204,625 WGJ Enterprises, Inc.*Azusa, CA $2,276,570 *Amount differ from the vendor submitted bid form. Packet Page. 602 1 8 4 0 Cal Stripe Inc. provided the lowest quote and is a reputable vendor for street striping and pavement marking services. Staff is confident that they are qualified to provide the services required under this maintenance services agreement. Additionally, Cal Stripe Inc. has recently provided services to the city and is a vendor in good standing. The term of the proposed agreement shall be from February 21, 2024, to June 30, 2025, with four additional option years. 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 amount of open work order requests. It is also aligned with Key Target 3c: Evaluate and enhance the quality of public safety services. Pavement markings are an effective way of regulating traffic and communicating information to pedestrians and drivers. Fiscal Impact There is no General Fund impact associated with this action. Sufficient funds in the amount of $420,000 are available in the Gas Tax Fund FY23/24. 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 Cal Stripe Inc., for street striping and pavement marking services; and 2. Authorize the Agency Director of Finance and Management Services to issue a purchase order in the amount of $420,000. Attachments Attachment 1 Maintenance Services Agreement Attachment 2 Solicitation Documents-RFP No. F-23-81 Attachment 3 Solicitation Results (Summary) Ward: All Wards Synopsis of Previous Council Actions: None Packet Page. 603 - 1 - CITY OF SAN BERNARDINO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 21st day of February, 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 CAL STRIPE, INC., a CALIFORNIA CORPORATION, with its principal place of business at 2040 E. Steel Road, Colton, CA 92324 (“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 street striping and pavement marking 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 street striping and pavement marking 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 street striping and pavement marking 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 February 21, 2024 to June 30, 2025 with four additional option years, unless earlier terminated as provided herein. 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. Packet Page. 604 - 2 - 3 9 8 7 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 Azzam Jabsheh PE, 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 Adam Lippa, 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. 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, Packet Page. 605 - 3 - 3 9 8 7 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. 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. 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 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 Packet Page. 606 - 4 - 3 9 8 7 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 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 Packet Page. 607 - 5 - 3 9 8 7 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 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: Packet Page. 608 - 6 - 3 9 8 7 (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 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 $4,000,000 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 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, Packet Page. 609 - 7 - 3 9 8 7 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. 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 Packet Page. 610 - 8 - 3 9 8 7 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 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. Packet Page. 611 - 9 - 3 9 8 7 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 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 Packet Page. 612 - 10 - 3 9 8 7 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 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. Packet Page. 613 - 11 - 3 9 8 7 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 Four Hundred Twenty Thousand Dollars ($420,000) without the written approval of City’s City Engineer. 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 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 Packet Page. 614 - 12 - 3 9 8 7 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. 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: Packet Page. 615 - 13 - 3 9 8 7 Contractor: Cal Stripe, Inc. 2040 E Steel Road Colton, CA 92324 Contact: Adam Lippa City: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Azzam Jabsheh, PE 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 Packet Page. 616 - 14 - 3 9 8 7 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 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. Packet Page. 617 - 15 - 3 9 8 7 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 original signature for all purposes and shall have the same force and effect as an original signature. 3.5.19 Federal Provisions. 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. Packet Page. 618 - 16 - 3 9 8 7 [SIGNATURES ON FOLLOWING PAGE] Packet Page. 619 - 17 - 3 9 8 7 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CAL STRIPE, INC. 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 CAL STRIPE, INC. 2040 E. Steel Road Colton, CA 92324 By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number ____________________________________ DIR Registration Number Packet Page. 620 EXHIBIT A PRICE PROPOSAL FORM VENDOR NAME: CAL STRIPE INC. ADDRESS: 2040 E. STEET RD COLTON, CA 92324 PHONE: (909) 884-7170 The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: Street Striping and Pavement Marking Services The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Please submit the “Total” amount on Planetbids “Line Items” price form. All quantities below are estimates for the purposes of bid comparison. Estimated quantities are no guarantee of actual usage. Unit costs shall include all materials, supplies, labor, equipment and ancillary costs required to complete the work. Provide prices on the following items using the most recent Caltrans Standard Plans for Pavement Markers and Traffic Lines Pages A20A through A20D and A24A through A24E, appendix A. Ite m No. Estimated Amount Description Cost per Linear Ft Total 1 60,000 4” Broken Lines $0.10 $6,000.00 2 35,000 4” Solid Lines $0.12 $4,200.00 3 50,000 Two - 4” Solid Lines with 3” Black separation $0.25 $12,500.00 4 35,000 8” Solid Line $0.20 $7,000.00 5 60,000 Two way left turn lanes, two lines, One solid one dashed with 3” Black Separation $0.20 $12,000.00 6 15,000 6” Solid Line $0.20 $3,000.00 7 500 Broken 4” Lane lines and Centerlines through intersection(Details 40 & 41) $1.50 $750.00 Packet Page. 621 Ite m No. Estimated Amount Description Cost per Linear Ft Total TOTAL VENDOR QUOTE $$45,450.00 Painted Reflective Pavement Markings Including Stencils, Crosswalks, Limit Lines etc. : Ite m No. Estimated Amount Description Cost per Square Ft Total 8 75,000 Pavement Markings $1.00 $75,000.00 TOTAL VENDOR QUOTE $$75,000.00 Thermoplastic Reflective Centerlines and lane Lines: Ite m No. Estimated Amount Description Cost per Linear Ft Total 9 150,000 4”Broken Lines (Yellow/White)$0.30 $45,000.00 10 75,000 4” Solid ( yellow or white) Lines $0.35 $26,250.00 11 75,000 Two - 4” Solid yellow Lines with 3” Black separation $0.80 $60,000.00 12 5,000 8” Solid Line $0.80 $4,000.00 13 150,000 Two way left turn lanes, two yellow lines, One solid & one dashed with 3” Black Separation $0.70 $105,000.00 14 4,000 6” Solid Line (bike Lane)$0.70 $2,800.00 15 1,000 12” diagonals (yellow /White)$2.25 $2,250.00 16 2,000 Lane Drop at intersection (Detail 37B)$1.00 $2,000.00 17 2,000 Broken 4” Lane lines and Centerlines extension through intersection (Details 40 & 41) $3.00 $6,000.00 TOTAL VENDOR QUOTE $$253,300.00 Packet Page. 622 Curb Painting Red, White, Green, Yellow & Blue: Ite m No. Estimated Amount Description Cost per Linear Ft Total 18 40,000 Painting of curbs $0.65 $26,000.00 TOTAL VENDOR QUOTE $$26,000.00 Painting of Small Stencils: Ite m No. Estimated Amount Description Cost per Letter Total 19 400 Painting of 3"- 4” Non-reflective letters for top of curbs $10.00 $4,000.00 TOTAL VENDOR QUOTE $$4,000.00 Thermoplastic Pavement Markings Including Stencils, Regular crosswalks, Continental crosswalks , ladder crosswalks , Pavement Arrows, Limit Lines etc. : Ite m No. Estimated Amount Description Cost per Square Ft Total 20 *200,000 Pavement Markings $2.35 $470,000.00 TOTAL VENDOR QUOTE $$470,000.00 *NOTE: Not all estimated amounts will be utilized. Removals (includes legal disposal of debris): Ite m No. Estimated Amount Description Cost per Square Ft Total 21 20,000 Wet Sandblasting $0.70 $14,000.00 Packet Page. 623 Ite m No. Estimated Amount Description Cost per Square Ft Total 22 5,000 Grinding $1.10 $5,500.00 TOTAL VENDOR QUOTE $$19,500.00 Pre-lining (Cat-track): Ite m No. Estimated Amount Description Cost per Linear Ft Total 23 80,000 Pre-lining $0.12 $9,600.00 TOTAL VENDOR QUOTE $$9,600.00 Raised Pavement Markers: Ite m No. Estimated Amount Description Cost per Marker Total 24 20,000 Retroreflective raised Pavement Markers $1.60 $32,000.00 25 300 White Rumble Strips $46.00 $13,800.00 26 5000 Ceramic Pavement Markers $1.25 $6,250.00 TOTAL VENDOR QUOTE $$52,050.00 Total Number of Additional Pages: Submitted By: ____Title: _________________ (Authorized Representative Signature) Print Name: Contractor’s License Number and Classification: DIR REGISTRATION NUMBER (IF APPLICABLE): ____________________________ Packet Page. 624 RFQ F-23-81 Street Striping and Pavement Marking Services REQUEST FOR VENDOR QUOTES RFQ F-23-81 FOR CITY OF SAN BERNARDINO FOR STREET STRIPING AND PAVEMENT MARKING SERVICES CITY OF SAN BERNARDINO 290 North D Street San Bernardino, California 92401 Telephone: (909) 384-7272 https://www.sbcity.org Packet Page. 625 RFQ F-23-81 Street Striping and Pavement Marking Services REQUEST FOR VENDOR PRICE QUOTES PROJECT NO. RFQ F-23-81. STREET STRIPING AND PAVEMENT MARKING SERVICES PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), BEFORE 3:00 P.M., Tuesday 12/19/2023. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other th an PlanetBids will be returned to the Vendor unopened. The award of this contract is subject to available budget ad equate 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 Quotes. The City is committed to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community. 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 t he site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations (“DIR”). 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 upon request. The successful Vendor shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Vendor to whom the Agreement 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 prevailin g wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors. 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 cont ract to perform public work must be registered with the DIR. No proposal will be accepted, nor any contract entered into without proof of the Vendor’s and subcontractors’ current reg istration with the DIR to perform public work. If awarded a contract, the Vendor and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contracto r registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall n ot 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. The contract awarded p ursuant to this request may also be subject to compliance monitoring and e nforcement by the DIR. Packet Page. 626 RFQ F-23-81 Street Striping and Pavement Marking Services I. REQUEST FOR QUOTES The City is requesting Quotes from qualified vendors1 (“Vendors”) for STREET STRIPING AND PAVEMENT MARKING SERVICES (Project). To serve and promote the welfare of its residents, the City intends to procure the Project, as described below: To support The Public Works Department, Operations & Maintenance Division who is responsible for maintaining all street striping and pavement markings in the City. A. Scope of Work/Services The Project sought under this request are set forth in more detail in Attachment “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Project in Attachment “A”, the final scope of Project negotiated between City and the successful Vendor shall be set forth in the STREET STRIPING AND PAVEMENT MARKING SERVICES, Maintenance Services Agreement (“Agreement”) executed by and between City and the successful Ven dor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated herein by this reference. B. Project Manager The Project Manager for the City regarding this request will be Gerald Castle, Administrative Services Supervisor, Public Works—Operations & Maintenance Division 909-384-5045, castle_ge@sbcit y.org or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor. C. Requests for Clarification All questions, requests for interpretations or c larifications, either administrative or technical must be submitted in writing via PlanetBids and will be answered in writing through PlanetBids. To ensure a response, questions must be received via the City’s eProcurement Portal/PlanetBids in writing per Section I below, titled PROPOSAL SCHEDULE. D. Meeting Each Vendor is requested to attend a mandatory meeting to be held in accordance with Section I below titled: PROPOSAL SCHEDULE. Failure to attend this meeting will preclude a Vendor from submitting a Quote. Attendance at the meeting will ensure the Vendor understands the full scope of the Project requested. E. Site Examination Vendors may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; shall familiarize themselves with all federal, state and local laws, ordinances, r ules, regulations, and codes affecting the performance of the Project; make such investigations, as it may deem necessary for performance of the Project at its Quote within the terms of the Agreement; and correlate its observations, investigations, and determinatio ns with the requirements of the Agreement. To schedule a site visit, available upon request by appointment only contact Gerald Castle at 909 -384-5045. 1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture. Packet Page. 627 RFQ F-23-81 Street Striping and Pavement Marking Services F. Submittal Requirements of Vendor Price Quote The Quote must be received no later than 3:00 pm local time, on or before the due date indicated in Section I below, titled PROPOSAL SCHEDULE through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a c onfirmation number with a tim e stamp from PlanetBids indicating that the Quote was submitted successfully. Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Support at (818) 992-1771. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time. Consequently, it is highly recommended that you create your proposal as early as possible to provide ample time for a successful submittal. Vendors to provide a Quote for the scope of Project as set forth in in the Vendor Quote Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement. G. Selection Process The City will evaluate and award to the responsible Vendor offerin g the needed quality of supply or work or service at the lowest quotation or determined to be in the best interest of the City. During the evaluation process, the City reserves the right to request additional information or clarifications from Vendors, or to allow corrections of errors or omissions. H. General Conditions 1. General: It is solely the responsibility of the Vendor to see that its Quote is properly submitted to PlanetBids in proper f orm and prior to the stated closing time. PlanetBids will not accept late Quotes. 2. Amendments to Request: The City reserves the right to amend the request or issue to all Vendors addenda to answer questions for clarification. 3. Non-Responsive Quotes: A Quote may be considered non- responsive if conditional or incomplete. 4. Costs for Preparing: The City will not compensate any Vendor for the cost of preparing any Quote, and all materials submitted with a Quote shall become the property of the City. The City will retain all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected. 5. Price Validity: Quotes provided by Proposers in response to this request are valid for 120 days from the due date. The City intends to award the Agreement within this time but may request an extension from the Vendors to hold pricing, until negotiations are complete, and the Agreement is awarded. 6. Availability to Perform Work: Vendor must be available to begin Project within 30 working days of the contract being awarded and must complete all Task Orders as directed by the Project Manager. 7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all costs and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans, documentation and fees required by the Agreement. Packet Page. 628 RFQ F-23-81 Street Striping and Pavement Marking Services Vendor will be required to maintain at its own cost the necessary insurance as required by the Agreement and a City business license. 8. Vendor License: As applicable, Vendors shall be properly licensed for the services they provide. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Vendors must possess proper licenses for performance of this Agreement in the following classification(s): C-32 Parking and Highway Improvement Contractor License. Subcontractors must possess the appropriate licenses for specialty work. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any Q uote submitted by a Vendor not currently licensed in accordance with state law to be nonresponsive. The City shall have the right to request, and proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by Vendor and each of the Vendor’s subcontractors before awardi ng the Agreement. 9. Additional Reservation of Rights by City : The City reserves the right to reject any and all Quotes. The City reserves the right to withdraw this Request for Vendor Quotes at any time without prior notice and the City makes no representations that a contract will be awarded to any Vendor responding to this Request for Vendor Quotes. The City reserves the right to postpone any deadlines required by this Request for Vendor Quot es, including, but not limited to, the submittal date outlined in Section F of this Request for Vendor Quotes. Packet Page. 629 RFQ F-23-81 Street Striping and Pavement Marking Services I. Proposal Schedule ACTION DATE Tentative Release of Request for Proposal November 28, 2023 Pre-Proposal Meeting Location: NO JOB WALK N/A Deadline for submitting written questions @ 3:00 P.M. December 7, 2023 Clarification Addendum Issued (If necessary) December 13, 2023 Proposal Due Date @ 3:00 P.M . December 19, 2023 Award Date After Council Approval 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 the City to award a contract for the above-described services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time. [END OF SECTION] Packet Page. 630 RFQ F-23-81 Street Striping and Pavement Marking Services ATTACHMENT “A” PROPOSED SCOPE OF PROJECT 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. City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-23-81 STREET STRIPING AND PAVEMENT MARKING SERVICES NOTICE: “SPECIAL INSTRUCTIONS TO THE BIDDER ” The Public Works Department, Operations & Maintenance Division is responsible for maintaining all street striping and pavement markings in the City. The intent of this document is to solicit proposals from qualified CONTRACTORS with experience in providing street striping and pavement marking services. The City is looking for the most responsive and responsible CONTRACTOR that will be committed to provide the City of San Bernardino with street striping and pavement marking services. Through a competitive qualification and bid based procurement process, the City of San Bernardino intends to enter into an agreement with a qualified CONTRACTOR for street striping and pavement marking services. Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State “Acceptable” if requirements are agreeable as set forth in left-hand column. Whenever the terms “Standard Specifications” is used, it shall mean the latest edition of Caltrans Standard Specifications and the “Green” Book standards. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALI DATE BID CATEGORY I ACCEPTABLE / AS SPECIFIED 1. DESCRIPTION OF WORK The work shall consist of the following: 1. Installation of Thermoplastic reflective centerlines, lane lines, pavement marking legends, edge lines, barrier lines and curbs. 2. Removing centerlines, lane lines, edge lines, crosswalks raised Packet Page. 631 RFQ F-23-81 Street Striping and Pavement Marking Services pavement markers, pavement marking legends, and curb paint. 3. Re-lining in thermoplastic. 4. Placement of raised pavement markers (RPMs). 5. Thermoplastic reflective bike lanes and curbs . 2. WORK ORDERS The CONTRACTOR shall not start work in the City until he receives a written work order from the City Engineer, or his assigned staff. The CONTRACTOR must have such list in his possession before starting work. The CONTRACTOR shall perform only that work listed and will only be compensated for the work listed on the work order. The CONTRACTOR shall be given a minimum of $3,500.00 of work to warrant sending out a crew. All costs for mobilization for each work order, regardless of quantity of work requested, shall be cons idered included in the unit bid price for the requested work and no additional compensation to the CONTRACTOR shall be made. The start date of work orders meeting the minimum move in charges shall not exceed Ten (10) calendar days. Work orders must be co mpleted in Fifteen (15) calendar days after start of work. CONTRACTOR shall be liable for liquidated damages as set forth in the Contract Agreement section 3.2.7.1 due to delayed start beyond the allotted twenty-one calendar days. CONTRACTOR shall also be liable for liquidated damages as set forth in the Contract Agreement section 3.2.7.1 due to delayed completion of work beyond the allotted Fifteen (15) calendar days after start of work. 3. ALL THERMOPLASTIC Application of thermoplastic shall be in accordance with the latest edition of the Caltrans Standard Specifications Section 84. 4. THERMOPLASTIC MARKINGS / STRIPING (APPLIED EXTRUSION) Thermoplastic shall comply with section 84 -2.02 “MATERIALS” of the latest edition of the CALTRANS Standard Specifications. Applied thermoplastic stripes must be at least .060 inches thic k. Applied thermoplastic pavement markings must be at least .120 inches thick. The thermoplastic material shall be homogeneously composed of Packet Page. 632 RFQ F-23-81 Street Striping and Pavement Marking Services pigment, filler, resins and glass reflectorizing spheres. The material manufacturer shall have the option of fo rmulating the material according to his own specifications; however, the solid resin shall comprise a minimum of 8% by weight of the entire material formulation which shall consist of only 100% maleic - modified glycerol ester of wood rosin with no tall oil derivatives. The physical and chemical properties contained in this specification shall apply regardless of the type of formulation used. The material upon heating to the application temperature shall not exude fumes which are toxic, or injurious to pers ons or property. The pigment, beads and filler shall be free from all skins, dirt and foreign objects. The specific gravity of the thermoplastic traffic line material shall not be less than 1.95 or more than 2.15. The pigment, beads and filler shall be uniformly dispersed in the resin. The material shall be free from all skins, dirt and foreign objects and shall be composed of weight of at least 18% binder, 25% glass beads and 8% titanium dioxide. The binder shall consist of a mixture of synthetic resins, at least one of which is solid at room temperature, and high boiling point plasticizers. At least one-third (1/3) of the binder composition shall be the solid maleic-modified glycerol ester of wood rosin and shall be no less than 8% by weight of the e ntire material formulation. 5. RE-STRIPING All re-striping of existing traffic stripes shall coincide with the original paintings, regardless of other more restrictive requirements of these Special Provisions unless direc ted by the Traffic Engineer. If the existing striping does not have Reflect orized Pavement Markers (RPM’s), the contractor shall install new (RPM’s) on the new Thermoplastic Striping. 6. REMOVAL OF MARKINGS Removal of markings shall be accomplished by wet sandbla sting or grinding method. Errors made by the CONTRACTOR shall be removed at no additional cost to the City . 7. PREPARATION It shall be the responsibility of the CONTRACTOR to insure that, prior to any pavement striping or marking, the surface is clear of all Packet Page. 633 RFQ F-23-81 Street Striping and Pavement Marking Services debris. 8. TRAFFIC CONTROL The CONTRACTOR shall make every effort to assure the safety of vehicular and pedestrian traffic during his operations. The current edition of the “Work Area Traffic Control Handbook”, published by Building News, Inc., is herein adopted as the minimum safety guidelines in conjunction with the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD). CONTRACTOR shall not close any street within the City without first obtaining the approval of the City Engineer. 9. THERMOPLASTIC MEASUREMENT Thermoplastic traffic stripes will be measured by the linear foot of traffic stripe, without deductions for gaps in broken st ripes. A stripe detail consisting of multiple painted stripes will be mea sured as one traffic stripe. Thermoplastic pavement marking legends will be measured by the square footage. 10. PAV EMENT MARKER Pavement markers shall conform to the provis ions in Section 85, “Pavement Markers”, of the Caltrans Stand ard Specifications (latest editions) and these Special Provisions. Retroreflective Pavement Markers shall be 3M, series 290, or engineer approved equal. 11. CONTROL OF ALIGNMENT AND LAYOUT Before obliterating (or covering) any pavement delineation that is to be replaced on the same alignment and location, as determined by the Inspector, the pavement delineation shall be referenced by t he CONTRACTOR, with a sufficient number of control points to reestablish the alignment and location of the new pavement delineation. The references shall include the limits or changes in striping pattern, including one - and 2-way barriers lines, limit lin es, crosswalks and other pavement markings. Full compensation for referencing pavement delineation shall be considered included in the contract prices paid for new pavement delineation and no additional compensation will be allowed, therefore. Unless otherwise shown, the CONTRACTOR shall re-stripe all pavement delineation on existing locations or as directed by the Engineer. Packet Page. 634 RFQ F-23-81 Street Striping and Pavement Marking Services Traffic stripes shall be painted to the alignment approved by the Engineer. The CONTRACTOR shall not proceed with the application of any pavement marking s and/or striping until the Engineer has checked and approved the alignment marks. The Engineer may make minor adjustments to the proposed alignment prior to approval. Alignment marks may consist of cat tracking and spotting, or an approved alternative. Cat tracking shall consist of stretc hing a rope on a straight line between control points on tang ent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope. The spots shall b e not more than 3 in ches in width and not more than 5 feet apart on curves or 10 feet apart on tangents. Paint for the cat tracks shall be the same color as the traffic stripe for which they are placed. Laser guidance equipment shall be capable of maintaining the alignment of traffic stripes with accuracy equiv alent to or better than that obtainable through the use of ca t tracking as determined by the Engineer. All work necessary to establish satisfactory alignment for stripes and all layout work requir ed for pavement mark ings shall be performed by the CONTRACTOR at his expense, including correction of minor irregularities in the control points approved by the Engineer. Correction of minor irregularities shall be accomplished by the application of cat tr acks, the use of laser guidance devices, or by a combinatio n of these techniques. 12. REMOVE PAVEMENT DELINEATION Existing traffic stripes and pavement markings that do not conform to the plans and are not removed or obliterated as a result of the various pavement rehabilitation operations, shall be removed by wet sand blasting or grinding as approved by the Engineer. 13. HOURS OF OPERATION The hours of operation for performance of the work shall be 7:30 AM to 5:30 PM, Monday through Friday. No lan e closures will be permitted prior to 8:30 AM or after 3:30 PM unless CONTRACTOR obtains prior written approval from Project Manager. Packet Page. 635 RFQ F-23-81 Street Striping and Pavement Marking Services 14. PAINT PAYMENT - THERMOPLASTIC The contract unit prices paid per linear foot for thermoplastic traffic stripes of the patterns designated in this Invitation to Bid and per square foot for each pavement marking legend shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in applying thermoplastic traffic stripes and pavement makings complete in place, including establishing alignment for stripes, and layout work, as shown on the plans, as specified in these specifications and the special provisions and as directed by the Engineer. The cost of any necessary pavement markers required for any striping deta il designated in the Proposal shall be considered to be included in the cost per linear foot for each detail and no separate payment will be made, therefore. 15. PREVAILING WAGE This is a non-prevailing wage contract. 16. CONTRACT LENGTH The length of this contract shall be for three years. 17. SUBCONTRACTORS The CONTRACTOR must list all subcontractors used for the duration of this contract. If a new subcontractor is hired to provide services during the contract, the CONTRACTOR must submit the name of the new subcontractor, subcontractor’s license, and insurance information one week prior to work performed. 18. REFERENCE LIST Provide three (3) local government agencies and/or company’s previous or current contact references that suppor t your ability to provide street striping and pavement markings. 19. LICENSES The CONTRACTOR represents that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide street striping and pavement marki ng services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. 20. CONTRACTOR NON-COMPLAINCE Packet Page. 636 RFQ F-23-81 Street Striping and Pavement Marking Services A. If the Public Works Director, or designee, determines that there are deficiencies in the CONTRACTOR’S performance, the Public Works Director, or designee, will provide a written notice to the CONTRACTOR stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be reasonable, as determined by the Public Works Department Director, or designee, to co rrect the specified deficiencies. B. Should the CONTRACTOR fail to correct any deficiencies within the stated time frame, the Public Works Department Director, or designee, may exercise the following measures: 1. Deduct from the CONTRA CTOR’S payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction. 2. Withhold the entire or partial payment. 3. Terminate the contract. Packet Page. 637 RFQ F-23-81 Street Striping and Pavement Marking Services PRICE FORM REQUEST FOR QUOTES: RFQ F-23-81 DECSCRIPTION OF RFQ: Street Striping and Pavement Marking Services COMPANY NAME/ADDRESS: NAME OF AUTHORIZED REPRESENTATIVE: PRINT NAME: TELEPHONE NUMBER: FAX NUMBER: All quantities below are estimates for the purposes of bid comparison. Estimated quantities are no guarantee of actual usage. Unit costs shall include all materials, supplies, labor, equipment and ancillary costs required to complete the work. Provide prices on the following items using the most recent Caltrans Stand ard Plans for Pavement Markers and Traffic Lines Pages A20A through A20D and als o A24A through A24E, appendix A. Estimated Amount Description Cost per Linear Ft Total 60,000 4” Broken Lines 35,000 4” Solid Lines 50,000 Two - 4” Solid Lines with 3” Black separation 35,000 8” Solid Line 60,000 Two way left turn lanes, two lines, One solid one dashed with 3” Black Separation 15,000 6” Solid Line 500 Broken 4” Lane lines and Centerlines through intersection (Details 40 & 41) Packet Page. 638 RFQ F-23-81 Street Striping and Pavement Marking Services Painted Reflective Pavement Markings Including Stencils, Crosswalks, Limit Lines etc.: Estimated Amount Description Cost per Square Ft Total 75,000 Pavement Markings Thermoplastic Reflective Centerlines and lane Lines: Estimated Amount Description Cost per Linear Ft Total 150,000 4” Broken Lines (Yellow/White) 75,000 4” Solid (yellow or white) Lines 75,000 Two - 4” Solid yellow Lines with 3” Black separation 5,000 8” Solid Line 150,000 Two way left turn lanes, two yellow lines, One solid & one dashed with 3” Black Separation 4,000 6” Solid Line (bike Lane) 1,000 12” diagonals (yellow /White) 2,000 Lane Drop at intersection (Detail 37B) 2,000 Broken 4” Lane lines and Centerlin es extension through intersection (Details 40 & 41) Curb Painting Red, White, Green, Yellow & Blue: Estimated Amount Description Cost per Linear Ft Total 40,000 Painting of curbs Painting of Small Stencils: Estimated Amount Description Cost per Letter Total 400 Painting of 3"- 4” Non-reflective letters for top of curbs Thermoplastic Pavement Markings Including Stencils, Regular crosswalks, Continental crosswalk s , ladder crosswalk s , Pavement Arrows, Limit Lines etc. : Packet Page. 639 RFQ F-23-81 Street Striping and Pavement Marking Services Estimated Amount Description Cost per Square Ft Total 200,000 Pavement Markings Removals (includes legal disposal of debris): Estimated Amount Description Cost per Square Ft Total 20,000 Wet Sandblasting 5,000 Grinding Pre-lining (Cat-track): Estimated Amount Description Cost per Linear Ft Total 80,000 Pre-lining Raised Pavement Markers: Estimated Amount Description Cost per Marker Total 20,000 Retroreflective raised Pavement Markers 300 White Rumble Strips 5,000 Ceramic Pavement Markers TOTAL FIRM FIXED PRICE: $___________ Packet Page. 640 RFQ F-23-81 Street Striping and Pavement Marking Services ANNUAL PURCHASE ORDER Effective January 1, 2024, through June 30, 2024 & July 1, 2024, through June 30, 2029. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Optional years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Are there any other additional or incidental costs which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No (circle one). If you answered “Yes”, please provi de detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms requested? Yes / No (circle one). If you answered “No”, please explain: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this bid. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certif ications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: ____________ Received on: ____________ Packet Page. 641 RFQ F-23-81 Street Striping and Pavement Marking Services Addenda No: ____________ Received on: ____________ Addenda No: ____________ Received on: ____________ AUTHORIZED SIGNATURE: PRINT SIGNER’S NAME AND TITLE: DATE SIGNED: COMPANY NAME & ADDRESS: PHONE: _____________________ FAX: EMAIL: IF SUBMITTED A “NO BID”, PLEASE STATE REASON(S) BELOW: Packet Page. 642 Bid / Proposal # _ RFQ F-23-81________ Date Issued___________ Close Date __________ Recommended Vendor List VENDOR NAME ADDRESS CITY STATE ZIP PHONE # FAX # CONTACT E-MAIL 1 BC Traffic Specialist 638 W Southern Avenue Orange CA 92865 714-974- 1190 714-974- 1753 John Peters jpeters@bctraffic.com 2 Cal Stripe, Inc. 2040 E Steele Road Colton CA 92324 909-884- 7170 909-884- 7106 Lorraine Manzanares lmanzanares@calstrip.com 3 Chrisp Company 2288 S Lilac Avenue Bloomington CA 92316 909-746- 0356 909-746- 0354 Roger Weisbrod rewisbrod@chrispco.com 4 Superior Pavement Markings PO Box 278 Beaumont CA 92223 951-845- 2799 951-845- 6399 Dale Shults dale@superiorpavementmarkings.com 5 Orange County Striping Service 183 N Pixley Street Orange CA 92868 714-639- 4550 714-639- 6353 estimating@ocstriping.com 6 7 8 9 10 11 Additional Vendors requesting Bid/Proposal Package DATE SENT VENDOR NAME ADDRESS CITY STATE ZIP PHONE # FAX # CONTACT E-MAIL Packet Page. 643 REQUEST FOR VENDOR QUOTES Project No. RFQ F-23-81 STREET STRIPING AND PAVEMENT MARKING SERVICES 20 OF 45 Packet Page. 644 REQUEST FOR VENDOR QUOTES Project No. RFQ F-23-81 STREET STRIPING AND PAVEMENT MARKING SERVICES 21 OF 45 Packet Page. 645 - 22 - ATTACHMENT “B” SAMPLE MAINTENANCE SERVICES AGREEMENT 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 employ ees 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. Packet Page. 646 - 23 - 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 TO EXCEED THREE CONSECUTI VE 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 Serv ices 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 Packet Page. 647 - 24 - 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. 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 employe es 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 desc ribed 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 [***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 al l Packet Page. 648 - 25 - 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 la ws, 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 o ne 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 employ ee 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 dat e 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 o f 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 wi th 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 comp liance with such requirements. Packet Page. 649 - 26 - 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 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. Packet Page. 650 - 27 - (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 to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance requi red 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 s hall meet at least the f ollowing 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 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 $4,000,000 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 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. Packet Page. 651 - 28 - (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 throu gh 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 prem ium 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 t he 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 noncontrib utory 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 availab le 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 direct ors, 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 Packet Page. 652 - 29 - 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, agent s, 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 insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcon tractors. The Contractor and the City shall be named as additional insureds on all subcon tractors’ 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. Packet Page. 653 - 30 - 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. 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 furt her payments shall be deemed due or will be made under this Agreem ent 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 Packet Page. 654 - 31 - 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 increas e 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 Agree ment 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 bec ome 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 nat ure 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 Packet Page. 655 - 32 - 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 a nd 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 ap proved 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 Packet Page. 656 - 33 - 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 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 appl icable 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 Packet Page. 657 - 34 - 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. Contrac tor 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***] 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. Packet Page. 658 - 35 - 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 f oregoing, 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 di rectly 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 o r 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. Packet Page. 659 - 36 - 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 rema ining 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. Packet Page. 660 - 37 - 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. [SIGNATURES ON FOLLOWING PAGE] Packet Page. 661 - 38 - 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. 662 EXHIBIT A EXHIBIT A SCOPE OF SERVICES [***INSERT SCOPE***] Packet Page. 663 EXHIBIT B EXHIBIT B SCHEDULE OF SERVICES [***INSERT SCHEDULE***] Packet Page. 664 EXHIBIT C EXHIBIT C COMPENSATION [***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] Packet Page. 665 EXHIBIT C Packet Page. 666 - 3 - [***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. 667 EXHIBIT C Packet Page. 668 - 5 - ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: ADDRESS: PHONE: The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have r ead and examined the terms and conditions for the following Project: STREET STRIPING AND PAVEMENT MARKING SERVICES RFQ F-23-81 The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Item No. Description Quantity Unit Cost Total Amount TOTAL VENDOR QUOTE Total Number of Additional Pages: I hereby declare under penalty of perjury that the foregoing is true and correct. Submitted By: Title: (Authorized Representative Signature) Print Name: Contractor’s License Number and Classification: DIR Registration Number (if applicable): ____________________________ Packet Page. 669 City of San Bernardino Bid Results for Project Street Striping & Pavement Marking Services (RFP F-23-06) Line Totals (Unit Price * Quantity) Item Num Section Item Code Description Quantity Cal Stripe Inc. - Colton, CA Superior Pavement Markings, Inc. - Beaumont, CA 1 Section 1 1 4” Broken Lines 60000 $0.10 $6,000.00 Yes $0.16 $9,600.00 2 Section 1 2 4” Solid Lines 35000 $0.12 $4,200.00 Yes $0.22 $7,700.00 3 Section 1 3 Two - 4” Solid Lines with 3” Black separation 50000 $0.25 $12,500.00 Yes $0.40 $20,000.00 4 Section 1 4 8” Solid Line 35000 $0.20 $7,000.00 Yes $0.33 $11,550.00 5 Section 1 5 Two way left turn lanes, two lines, One solid one dashed with 3” Black Separation 60000 $0.20 $12,000.00 Yes $0.36 $21,600.00 6 Section 1 6 6” Solid Line 15000 $0.20 $3,000.00 Yes $0.33 $4,950.00 7 Section 1 7 Broken 4” Lane lines and Centerlines through intersection(Details 40 & 41)500 $1.50 $750.00 Yes $0.37 $185.00 Subtotal $45,450.00 Subtotal $75,585.00 8 Painted Reflective Pavement Markings Including 8 Pavement Markings 75000 $1.00 $75,000.00 Yes $2.79 $209,250.00 Subtotal $75,000.00 Subtotal $209,250.00 9 Thermoplastic Reflective Centerlines and lane Lines:9 4”Broken Lines (Yellow/White)150000 $0.30 $45,000.00 Yes $0.33 $49,500.00 10 Thermoplastic Reflective Centerlines and lane Lines:10 4” Solid ( yellow or white) Lines 75000 $0.35 $26,250.00 Yes $0.45 $33,750.00 11 Thermoplastic Reflective Centerlines and lane Lines:11 Two - 4” Solid yellow Lines with 3” Black separation 75000 $0.80 $60,000.00 Yes $1.36 $102,000.00 12 Thermoplastic Reflective Centerlines and lane Lines:12 8” Solid Line 5000 $0.80 $4,000.00 Yes $1.24 $6,200.00 13 Thermoplastic Reflective Centerlines and lane Lines:13 Two way left turn lanes, two yellow lines, One solid & one dashed with 3” Black Separation 150000 $0.70 $105,000.00 Yes $1.18 $177,000.00 14 Thermoplastic Reflective Centerlines and lane Lines:14 6” Solid Line (bike Lane)4000 $0.70 $2,800.00 Yes $0.93 $3,720.00 15 Thermoplastic Reflective Centerlines and lane Lines:15 12” diagonals (yellow /White)1000 $2.25 $2,250.00 Yes $3.25 $3,250.00 16 Thermoplastic Reflective Centerlines and lane Lines:16 Lane Drop at intersection (Detail 37B)2000 $1.00 $2,000.00 Yes $1.30 $2,600.00 17 Thermoplastic Reflective Centerlines and lane Lines:17 Broken 4” Lane lines and Centerlines extension through intersection (Details 40 & 41)2000 $3.00 $6,000.00 Yes $0.72 $1,440.00 Subtotal $253,300.00 Subtotal $379,460.00 18 Curb Painting Red, White, Green, Yellow & Blue:18 Painting of curbs 40000 $0.65 $26,000.00 Yes $1.25 $50,000.00 Subtotal $26,000.00 Subtotal $50,000.00 19 Painting of Small Stencils:19 Painting of 3"- 4” Non-reflective letters for top of curbs 400 $10.00 $4,000.00 Yes $1.50 $600.00 Subtotal $4,000.00 Subtotal $600.00 20 Thermoplastic Pavement Markings Including Stencils, Regular crosswalks, Continental crosswalks , ladder crosswalks , Pavement Arrows, Limit Lines etc. :20 Pavement Markings 200000 $2.35 $470,000.00 Yes $4.40 $880,000.00 Subtotal $470,000.00 Subtotal $880,000.00 21 Removals (includes legal disposal of debris):21 Wet Sandblasting 20000 $0.70 $14,000.00 Yes $4.60 $92,000.00 22 Removals (includes legal disposal of debris):22 Grinding 5000 $1.10 $5,500.00 Yes $5.50 $27,500.00 Subtotal $19,500.00 Subtotal $119,500.00 23 Pre-lining (Cat-track):23 Pre-lining 80000 $0.12 $9,600.00 Yes $0.35 $28,000.00 Subtotal $9,600.00 Subtotal $28,000.00 24 Raised Pavement Markers:24 Retroreflective raised Pavement Markers 20000 $1.60 $32,000.00 Yes $4.50 $90,000.00 25 Raised Pavement Markers:25 White Rumble Strips 300 $46.00 $13,800.00 Yes $3.30 $990.00 26 Raised Pavement Markers:26 Ceramic Pavement Markers 5000 $1.25 $6,250.00 Yes $3.70 $18,500.00 Subtotal $52,050.00 Subtotal $109,490.00 Total $954,900.00 Total $1,851,885.00 Packet Page. 670 Safe Usa, Inc - Ontario, CA Chrisp Company -Bloomington, CA WGJ Enterprises Inc.,dba PCI - Azusa, CA Yes $0.30 $18,000.00 Yes $0.25 $15,000.00 Yes $0.15 $9,000.00 Yes Yes $0.40 $14,000.00 Yes $0.40 $14,000.00 Yes $0.20 $7,000.00 Yes Yes $0.60 $30,000.00 Yes $0.60 $30,000.00 Yes $0.55 $27,500.00 Yes Yes $0.60 $21,000.00 Yes $0.75 $26,250.00 Yes $0.50 $17,500.00 Yes Yes $0.80 $48,000.00 Yes $0.90 $54,000.00 Yes $0.60 $36,000.00 Yes Yes $0.60 $9,000.00 Yes $0.45 $6,750.00 Yes $0.30 $4,500.00 Yes Yes $0.40 $200.00 Yes $1.25 $625.00 Yes $0.90 $450.00 Yes Subtotal $140,200.00 Subtotal $146,625.00 Subtotal $101,950.00 Yes $4.00 $300,000.00 Yes $2.75 $206,250.00 Yes $3.00 $225,000.00 Yes Subtotal $300,000.00 Subtotal $206,250.00 Subtotal $225,000.00 Yes $0.80 $120,000.00 Yes $0.35 $52,500.00 Yes $0.48 $72,000.00 Yes Yes $1.00 $75,000.00 Yes $0.70 $52,500.00 Yes $0.60 $45,000.00 Yes Yes $1.50 $112,500.00 Yes $1.10 $82,500.00 Yes $0.95 $71,250.00 Yes Yes $1.50 $7,500.00 Yes $1.00 $5,000.00 Yes $0.95 $4,750.00 Yes Yes $1.50 $225,000.00 Yes $1.50 $225,000.00 Yes $0.95 $142,500.00 Yes Yes $1.50 $6,000.00 Yes $0.75 $3,000.00 Yes $0.68 $2,720.00 Yes Yes $4.00 $4,000.00 Yes $6.00 $6,000.00 Yes $4.00 $4,000.00 Yes Yes $1.00 $2,000.00 Yes $1.25 $2,500.00 Yes $0.95 $1,900.00 Yes Yes $1.00 $2,000.00 Yes $2.00 $4,000.00 Yes $1.00 $2,000.00 Yes Subtotal $554,000.00 Subtotal $433,000.00 Subtotal $346,120.00 Yes $1.00 $40,000.00 Yes $3.00 $120,000.00 Yes $0.85 $34,000.00 Yes Subtotal $40,000.00 Subtotal $120,000.00 Subtotal $34,000.00 Yes $7.00 $2,800.00 Yes $2.50 $1,000.00 Yes $15.00 $6,000.00 Yes Subtotal $2,800.00 Subtotal $1,000.00 Subtotal $6,000.00 Yes $4.00 $800,000.00 Yes $5.50 $1,100,000.00 Yes $6.86 $1,372,000.00 Yes Subtotal $800,000.00 Subtotal $1,100,000.00 Subtotal $1,372,000.00 Yes $4.00 $80,000.00 Yes $3.00 $60,000.00 Yes $2.20 $44,000.00 Yes Yes $4.00 $20,000.00 Yes $1.50 $7,500.00 Yes $2.20 $11,000.00 Yes Subtotal $100,000.00 Subtotal $67,500.00 Subtotal $55,000.00 Yes $0.50 $40,000.00 Yes $0.10 $8,000.00 Yes $0.20 $16,000.00 Yes Subtotal $40,000.00 Subtotal $8,000.00 Subtotal $16,000.00 Yes $4.00 $80,000.00 Yes $5.00 $100,000.00 Yes $3.75 $75,000.00 Yes Yes $1.00 $300.00 Yes $7.50 $2,250.00 Yes $100.00 $30,000.00 Yes Yes $2.00 $10,000.00 Yes $4.00 $20,000.00 Yes $3.10 $15,500.00 Yes Subtotal $90,300.00 Subtotal $122,250.00 Subtotal $120,500.00 Total $2,067,300.00 Total $2,204,625.00 Total $2,276,570.00 VALUES DIFFER FROM THE VENDOR SUBMITTED PRICE FORM bu Superior Pavement Markings, Inc. - Beaumont, CA Packet Page. 671 1 8 4 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Lynn Merrill, Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Approval of Agreement for Construction Management and Inspection Services for the Nicholson Park Improvements (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of an Agreement with Z&K Consultants in the amount of $471,876 for Nicholson Neighborhood Park Improvements (Project); and 2. Authorize the project contingencies in the total amount of $47,187 for construction of the Project; and 3. Authorize the City Manager or designee to execute all documents with Z&K Consultants; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Executive Summary: Awarding the Agreement for construction management and construction inspection services (CMCI), for the Nicholson Park Improvements Project would allow the construction of park amenities, returning the park to a safe and attractive condition. The Agreement would allow the City to issue Z&K Consultants a Notice to Proceed. The agreement will include Z&K Consultant’s management and inspection services fee of $471,876. Additional funds are recommended for contingencies in the amount of $47,187. The total cost for the CMCI, including contingencies is $519,063. Packet Page. 672 1 8 4 2 Background Nicholson Neighborhood Park, located at 2737 West 2nd Street, is a City-owned 9.52- acre park facility that includes recreational amenities and a community center building. The recreational area of the park currently consists of two baseball diamonds with a concession/score keeper area (restroom included), a community garden, outdoor basketball court, picnic shelter, 10 picnic tables, two barbeque grills, a playground area, restrooms, and parking lot. While the park area continues to see some general community use, the community center building has been closed for programming for several years due to financial challenges. Over the past several years, Nicholson Neighborhood Park has become a target for vandalism due to the lack of programmed activities at the site. Many of the supporting outbuildings, irrigation, and lighting systems have been damaged beyond repair. During preparation of the FY 2020/21 Capital Improvement Program (CIP), staff recommended rehabilitation of the park to return the property to a safe and attractive condition. Restoration of the park and its amenities will assist in drawing positive activities back to the area and restore recreational opportunities for the surrounding neighborhood. 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 PR21-006 for Nicholson Neighborhood Park Improvements (“Project”). Funding to support the Project has been established in the amount of $1,000,000 in Community Development Block Grant (CDBG) funding and $150,000 in Meadowbrook Insurance Claim funds, for a total Project budget of $1,150,000. On March 3, 2021, the Mayor and City Council adopted Resolution No. 2021-37 approving award of a Design Services Agreement with RHA Landscape Architects - Planners, Inc. for the Nicholson Park Improvements in the amount of $215,295. On February 2, 2022, the Mayor and City Council adopted Resolution No. 2022-26 allocating $8,850,000 in American Rescue Plan Act (ARPA) funds to complete the project. On August 3, 2022, the Mayor and City Council approved Amendment No. 1 to the Professional Design Services Agreement with RHA Landscape Architects - Planners, Inc. adding extra design services in the amount of $197,250 and increasing the purchase order to a total amount not-to-exceed $412,545 for the preliminary design of Nicholson Park. On August 2, 2023, the Mayor and City Council approved Amendment No. 2 to the Professional Design Services Agreement with RHA Landscape Architects – Planners, Inc. adding extra design services in the amount of $47,300 and increasing the purchase order to a total amount not-to-exceed $459,845 for the preliminary design of Nicholson Park. On December 6, 2023, the Mayor and City Council awarded a construction agreement to Urban Habitat in the amount of $8,147,197.56 and approved additional funds for Packet Page. 673 1 8 4 2 construction contingencies and construction management costs in the amount of $1,290,000. Discussion This project includes the construction of various park improvements including, but not limited to, baseball fields, playground equipment, exercise equipment, lighting, parking lot, fencing, picnic tables, drinking water fountains, and restrooms. Project design was completed, and was awarded for construction in December of 2023. Construction management and inspection services are now needed to help meet project budget, schedule, and labor compliance requirements. On December 21, 2023, the City staff requested proposals for construction management and inspection services (CMCI), for the Nicholson Park Improvements Project. Staff requested three proposals from the On-Call Consultant List and received two proposals from the following firms: •Z&K Consultants, Inc. •Infrastructure Engineers During the review of the technical proposals, staff evaluated the proposals using the following criteria: •Expertise and experience, including the firm's work on comparable engagements, quality of the firm's personnel assigned to the project, and the quality of the firm's management support personnel. •Appropriateness of services outlined in the proposal to meet the City's need. •Distinguishing features, skills, and/or services. •Cost reasonableness. •Additional services beyond the scope of work, at no additional cost to the City. Z&K was considered the most qualified based on their well-prepared proposal, excellent examples of similar engagements, constructability review of the project, comprehensive scheduling of the project, their detailed approach to the project, and their proposed staff experience of similar engagements. Compensation for CMCI contracts is based on a time and materials basis with hourly rates secured for a construction manager, senior construction inspector, and clerical support. The cost proposals submitted by all the firms consisted of estimated hours for each project and hourly rates for the positions noted below. The following table contains the estimated cost for CMCI services for the project based on hours and rates received from each proposing firm for the specific personnel assigned to manage the City’s construction projects. The hourly rates are reasonable and are comparable to the hourly rates the City is currently paying for similar services. Table 1 below summarizes the cost comparison of proposals. Table 1 – Cost Proposal Comparison Packet Page. 674 1 8 4 2 Z&K Consultants, Inc $471,876.00 Infrastructure Engineers $390,000.00 Hernandez, Kroone & Associates Did Not Submit A reasonable cost for CMCI services is typically 10-15% of the construction cost. With smaller, less expensive projects, this percentage is typically on the higher side. Z&K’s cost is at 5.7% of the construction cost and includes the following additional services that the other consultant’s proposal did not include: •Labor compliance services during construction. The labor compliance services for this project were estimated to be approximately $50,000 to satisfy grant funding requirements. Z&K is providing this service for $14,430.00 allowing the City to save approximately $35,570 on these services by including them under Z&K’s contract rather than another consultant. •Surveying quality assurance during construction. •Pre-construction services. •Preparing the Weekly Statement of Working Days. •Providing a Certified Playground Equipment Inspector. •Weekly Drones for the project. •Weekly Newsletters summarizing project progress and updates to be distributed to City Management. •Scheduling during construction. Z&K’s costs for the services are well under the industry standard for similar projects and services. The cost of the other consultant was lower; however, it did not provide the above services that Z&K will be providing under this Agreement. These additional services are necessary for the project. After the evaluation of proposals and cost, Z&K was ranked as the most qualified firm. The panel was most impressed by the following: •Z&K’s prior experience with the project funding (ARPA Funding and CDBG Funding) •Z&K has delivered over 33 park projects and are currently delivering park projects for the City of Newport Beach, the City of La Habra, the City of South Gate, and the City of Lake Forest. •The Z&K staff proposed on the project are local to the City of San Bernardino. This allows for prompt response time to project issues over the weekend or after working hours. •Z&K’s senior construction manager and senior construction inspector both have extensive experience with park improvement projects. •Z&K also presented a unique approach to managing the construction of the park projects by using a “risk management log.” The log is used to identify areas of risk based on lessons learned from previous projects, along with proposed solutions. The log includes items such as utility/agency coordination, change order controls, and community outreach. Packet Page. 675 1 8 4 2 •Z&K stressed the importance of keeping the nearby residents and businesses informed of the project status and any impact on their neighborhood. The total fee for Z&K Consultant’s construction management and inspection services is $471,876. In addition to these services, staff recommend approval of a contingency in the amount of $47,187 to provide for any unforeseen work. The total cost of the proposed services and contingency is $519,063. Funding for the Project was previously established in FY 2020/21 CIP budget in the CDBG and Liability Insurance funds, in addition to the allocation of ARPA funds in FY 2021/22. 2021-2025 Strategic Targets and Goals Authorizing the execution of this agreement aligns with Key Target No. 4: Economic Growth & Development. The additional amenities to Nicholson Neighborhood Park will improve community participation for new recreational activities and provide a safe and well-maintained community park. Fiscal Impact There is no General Fund impact with this item. To date, there is a budget balance of $9.6 million for this project coming from ARPA, CDBG and Meadowbrook Insurance Claim funds. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of an Agreement with Z&K Consultants in the amount of $471,876 for Nicholson Neighborhood Park Improvements (Project); and 2. Authorize the project contingencies in the total amount of $47,187 for construction of the Project; and 3. Authorize the City Manager or designee to execute all documents with Z&K Consultants; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Agreement with Z&K Consultants Attachment 2 Z&K Proposal Attachment 3 Location Map Ward: Ward 6 Packet Page. 676 1 8 4 2 Synopsis of Previous Council Actions: April 15, 2020 Mayor and City Council approved the City's FY 2020/21 CDBG Action Plan. June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21. March 3, 2021 Resolution No. 2021-37 adopted agreement with RHA Landscape Architects - Planners, Inc. to provide the design services for the Nicholson Neighborhood Park. February 2, 2022 Mayor and City Council adopted Resolution No. 2022-26 assigning American Rescue Plan (ARP) funds in the amount of $8,850,000 to the Nicholson Park Project in lieu of future grant funding. August 3, 2022 Amendment No. 1 to agreement with RHA Landscape Architects - Planners, Inc. to provide additional design services for the Nicholson Neighborhood Park. August 2, 2023 Amendment No. 2 Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design December 6, 2023 Award of Agreement with Urban Habitat for Construction of Nicholson Neighborhood Park Improvements Packet Page. 677 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Z & K CONSULTANTS, INC. This Agreement is made and entered into as of February 21, 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 Z & K Consultants, Inc. a California corporation with its principal place of business at 17130 Van Buren Boulevard #122 Riverside, CA 92504 (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: Construction Management and Inspection Services for Nicholson Park Improvements (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.” Packet Page. 678 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $519,063 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. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable Packet Page. 679 3 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 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 Packet Page. 680 4 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 at least as broad as the following: Packet Page. 681 5 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. Packet Page. 682 6 (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 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. g. Aviation and/or Drone Liability 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. Packet Page. 683 7 h. 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 Aviation and/or Drone Liability $1,000,000 per occurrence limit (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 Packet Page. 684 8 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. 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 Packet Page. 685 9 (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. 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. Packet Page. 686 10 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. Packet Page. 687 11 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 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 Packet Page. 688 12 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 Zack Faqih 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: Director of Public Works With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Z&K Consultants Inc. 17130 Van Buren Boulevard #122 Riverside, CA 92504 Attn: Crystal Fraire 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. Packet Page. 689 13 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. 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. Packet Page. 690 14 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. Federal Provisions. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE] Packet Page. 691 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Z & K CONSULTANTS, 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 Z & K CONSULTANTS, INC. Signature Name Title Packet Page. 692 16 EXHIBIT A SCOPE OF SERVICES/SCHEDULE OF CHARGES AND PAYMENTS/ACTIVITY SCHEDULE [ATTACHED] Packet Page. 693 17 EXHIBIT B FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “B”. 1.REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. Packet Page. 694 18 (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. Packet Page. 695 19 The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in Packet Page. 696 20 excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, Packet Page. 697 21 and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) – Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring Packet Page. 698 22 solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement: Packet Page. 699 23 (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2.CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. Packet Page. 700 24 3.COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting Packet Page. 701 25 discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress; Packet Page. 702 26 (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company- owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services Packet Page. 703 27 and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act Packet Page. 704 28 of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non- compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. Packet Page. 705 JANUARY 10, 2024 REQUEST FOR PROPOSAL (RFP) CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE NICHOLSON PARK CONSTRUCTION PROJECT CITY OF SAN BERNARDINO DEPARTMENT OF PUBLIC WORKS Packet Page. 706 LETTER OF TRANSMITTAL Azzam Jabsheh, PE, TE, Acting City Engineer January 10, 2024 209 North “D”, Public Works Department San Bernardino, CA 92401 Subject: Request for Proposal for Construction Management and Inspection Services for the Nicholson Neighborhood Park Improvements Project Dear Mr. Jabsheh, Z&K Consultants Inc. (Z&K) proudly presents our proposal to the City of San Bernardino for Construction Management and Inspection Services for the Nicholson Park Construction Project. Z&K is a certified Disadvantaged Business Enterprise (DBE), Women’s Business Enterprise (WBE), and Small Business Enterprise (SBE) in Southern California. Z&K specializes in the provision of Project Management, Construction Administration, Construction Inspection, Pre-Construction Inspection, Construction Management, Staff Augmentation, and other Professional Engineering Consulting Services. The Z&K Team has delivered numerous similar projects for local agencies. Z&K is proposing the same experienced team members that successfully managed numerous park improvement projects with similar project features and improvements, including Converse Consultants as a subconsultant providing Material Testing Services. This Team works efficiently and with great comradery with City staff to achieve the community's goals. Z&K works proactively and diligently with City staff to successfully deliver projects under budget while mitigating numerous unforeseen delays. Z&K is proud to provide site walks with City staff and elected officials at any time throughout the project to discuss project progress and schedule. Zack Faqih, PE, CBO, MSCE, QSD/P, ICC Certified will lead the team as the Construction Manager/Resident Engineer. Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to successfully deliver this impactful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our key team members (CM/RE, Senior Construction Inspector, Licensed Landscape Architect, and PM/OE) have over 100 combined years of specialization experience in Construction Management and Inspection services for public agencies and have 100% commitment to the City of San Bernardino project. Our proposed Construction Manager/Resident Engineer, Zack Faqih, and our Senior Construction Inspector, Thomas (Tommy) Russell, are thoroughly familiar with the project and have performed a preliminary constructability review of the project plans and specs and have performed multiple site visits. Our team has prepared a comprehensive risk matrix for this Project. Zack Faqih, PE, QSD/P, MSCE, CBO, ICC Certified, will personally lead the Z&K Team as the Construction Manager/Resident Engineer. Mr. Faqih has a strong team of high-quality senior professionals to perform the tasks outlined in this RFP. In addition to extensive Park Improvement Project Experience, Zack Faqih and Tommy Russell are vastly experienced with the 2022 California Building Code. Both Zack and Tommy have extensive experience working for Public Agencies for over half of their careers. Zack has served as the Deputy Building Official for various Public Agencies and is ICC Certified in all the building trades. The Z&K team will act seamlessly as an extension of City staff. Brittany Duhn, Project Manager/Office Engineer, and Amber Garcia, Labor Compliance Officer, have extensive experience with the project funding and the project administration and documentation that is required. We have created a unique staffing plan to meet the City’s needs and expectations for this Project. We understand that the project has $8,850,000 in American Rescue Plan Act (ARPA) funds and Community Development Block Grant (CDBG) and Liability Insurance funds. Our team members have prior experience with these funding sources and are recognized as experts in contract administration and documentation for reimbursements. We will provide weekly drone photos of the site during construction and a Weekly Newsletter summarizing the previous weeks activities, upcoming activities, and project progress for the internal use of the City. The following link are drone photos that we took during multiple site visits to document the existing conditions of the site: https://www.dropbox.com/scl/fo/rz3be4v3uliy1innxxid4/h?rlkey=9n6keqw8u9kxjjq6lw5y6sluo&dl=0. Our team members’ versatile experience in similar park projects providing construction management and inspection services and our unique staffing plan to meet all technical project needs makes the Z&K team uniquely qualified to provide the requested services. We have a track record of performing outstanding services on similar projects through saving significant time and cost from identification of the various critical elements controlling the project schedule to providing alternate practical solutions. Z&K is proud of our reputation for having seasoned personnel and of the industry’s recognition of our ability to deliver complex capital improvement projects ahead-of-schedule, under budget, without claims, and with outstanding customer service for the local community. The proposed Z&K Team are experts of Park Projects. Z&K has successfully provided similar services for over 33 Park Projects within the last 5 years, including the following agencies: City of South Gate City of La Quinta City of Tustin City of San Bernardino City of Lynwood City of Lake Forest City of Costa Mesa City of Hemet City of Chino City of Beaumont City of La Habra Z&K has provided inspection services on numerous parks within San Bernardino. Our team has extensive experience with the project funding sources and understands the required contract administration and documentation requirements. Packet Page. 707 We understand that the City’s longtime goal is to restore the park and its amenities to draw positive activities back to the area, restore and expand recreational opportunities for the surrounding neighborhood. Nicholson Neighborhood Park is a City-owned 9.52-acre park facility located at 2737 West 2nd Street. The park includes recreational amenities and a community center building. The community center building has been closed due to financial challenges and the park area has continued to be accessible for general community use. The park has been a target for vandalism due to the lack of programmed activities and use at the site. We are excited about this impactful rehabilitation project to revitalize the park and the surrounding community. On March 3, 2021, RHA Landscape Architects – Planners, Inc. was awarded the contract to begin design services for Nicholson Park. Z&K has exceptional experience providing similar services for projects for Southern California municipal agencies in the following project types/features: park rehabilitations, park improvements, clearing and grubbing, tree removal, open play fields, unclassified excavation and unclassified fill, signage, traffic control, detours, phasing plans, demolition, grading, ADA ramps, sidewalk, new parking lots, play areas, new concrete walkways, concrete paving, ballfields, picnic shelters, restroom/concession building, site furnishing, drainage, landscaping, light poles, fixtures, pull boxes, footings, switchboards, tubular steel fencing, mow curb, seat walls, double swing gates, accent pilasters, accent walls, drinking fountains, chain link gates, benches, trash enclosures, BBQ grills, bike racks, exercise stations, park monuments, playground equipment, driveway approaches, curb and gutter, ADA parking stalls, landscaping, irrigation, sod, basketball court surfacing, snack bars, restrooms, equipment rooms, new trees, turf, and shrubs, Southern California Edison coordination, picnic shelters, shade structures, steel trellises, walking/running trails, sports courts, amphitheaters, planting, lighting and security, striping and signage, utility improvements, utility relocations, traffic control, telecommunications, public facilities improvements, on-site development improvements, Storm Water Pollution Prevention (SWPPP), and ADA Improvements. We understand that the City awarded the Construction of Nicholson Neighborhood Park Improvements to Urban Habitat in the amount of $8,147,197.56. A total of six sealed bids were received on August 31, 2023. The highest bid was $12,055,500.00 and Urban Habitat was awarded the contract as the lowest responsible and responsive bidder with a total base bid amount of $8,147,197.56. We have worked with Urban Habitat on numerous previous projects and have a great working relationship with their Team. Our Licensed Landscape Architect, Charles Lamb, RLA, has extensive park design and construction management experience and will bring unmatched expertise and technical support as dictated by the project needs. Zack and Tommy have a combined over 60 years of park improvement experience. Zack has all ICC Certifications for commercial building construction and have over 28 years each in experience in structural and masonry walls, slab on grade foundation, different type of concrete construction and general commercial building construction. Zack is ICC certified in welding, steel, reinforced concrete, and numerous others. Our Team will provide construction management and inspection services for the construction of the Nicholson Neighborhood Park Improvements project. We understand that services will include contract administration, construction management, inspection, utility coordination, labor compliance, geotechnical and material testing services, and project close-out. The personnel identified bring specific and extensive field experience and have the qualifications required in the RFP. Our team can assist the City with all aspects of the requested services. I will serve as the contact person for all communications pertaining to the proposal for the full duration of the contract and I am authorized to obligate the firm to fulfill the commitments contained in the proposal. Z&K understands the scope of services to be provided and has the overall ability and qualifications to conduct the work and provide services as it relates to the Invitation Letter. Our team acknowledges the Q&A released via email on December 21, 2023. By signing below, I attest that all information submitted is true and correct. All contains of this Proposal shall remain valid for a period of not less than 60 calendar days from the date of submittal. We are excited about this opportunity to serve the City of San Bernardino and are committed to the successful and early completion of this important and impactful project. Sincerely, Crystal Fraire, PE | President, Z&K Consultants Inc. 17130 Van Buren Blvd. #122 | Riverside, CA 92504 Phone. 951.310.7470 | Fax. 949.630.3242 | cfraire@zandkconsultants.com Our CM/RE and Senior Inspector have extensive experience with the key issues of this project: •Site Security •Homelessness •Long Lead Items Our team is excited for this impactful project that will revitalize the park and surrounding community and will return the park to a safe and an attractive condition for the community to gather and reduce vandalism to the existing park, meeting Target No. 4: Economic Growth & Development. Our CM/RE has successfully delivered over 26 park improvement projects and our Sr. Inspector has delivered over 17 park improvement projects. We have a great working relationship with the selected Contractor Urban Habitat and have provided managed them on a park project in La Quinta and in projects within the City of San Bernardino. Packet Page. 708 Table of Contents Qualifications, Project Experience and References ................................................................ 1 Proposed Project Team .............................................................................................................. 7 Project Understanding, Scope, and Approach ..................................................................... 11 Fee Proposal .................................................................................... Separate Sealed Envelope Appendices: Appendix A. Resumes Appendix B. Sample Documents Appendix C. Forms Packet Page. 709 QUALIFICATIONS, PROJECT EXPERIENCE AND REFERENCES Page 1 Packet Page. 710 QUALIFICATIONS, RELEVANT EXPERIENCE AND REFERENCES Z&K Consultants Inc. (Z&K) is a leading provider of construction management and construction inspection services. We are a full-service civil engineering firm specializing in professional engineering services ranging from construction management, construction inspection, project management, structural engineering, plan review, and staff augmentation. The Z&K Team has successfully delivered over 33 park projects with local municipalities. Z&K has exceptional experience providing Construction Management and Inspection services for projects for Southern California municipal agencies in the following project types/features: park rehabilitations, park improvements, clearing and grubbing, tree removal, unclassified excavation and unclassified fill, signage, traffic control, detours, phasing plans, demolition, grading, ADA ramps, sidewalk, new parking lots, play areas, new concrete walkways, concrete paving, ballfields, picnic shelters, restroom/concession building, site furnishing, drainage, landscaping, light poles, fixtures, pull boxes, footings, switchboards, tubular steel fencing, mow curb, seat walls, double swing gates, accent pilasters, accent walls, drinking fountains, chain link gates, benches, trash enclosures, BBQ grills, bike racks, exercise stations, park monuments, playground equipment, driveway approaches, curb and gutter, ADA parking stalls, landscaping, irrigation, sod, basketball court surfacing, snack bars, restrooms, equipment rooms, new trees, turf, and shrubs, Southern California Edison coordination, picnic shelters, shade structures, steel trellises, walking/running trails, sports courts, amphitheaters, planting, lighting and security, striping and signage, utility improvements, utility relocations, traffic control, telecommunications, public facilities improvements, on-site development improvements, Storm Water Pollution Prevention (SWPPP), and ADA Improvements. Our proposed key personnel are local to the City familiar with the City of San Bernardino’s expectations and know the community well. The Z&K Team has carefully examined the project’s requirements to identify key personnel best suited to deliver excellent services for this project. Z&K’s CM/RE and Senior Construction Inspector are multidisciplined and experienced in providing construction and specialty inspection services (including electrical, concrete, structural, welding, and playground equipment testing), resulting in significant cost and time savings. The team proposed on this project have over 100 combined years of experience in construction management and construction inspection for capital improvement projects including park project, buildings, and paving. We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed management procedures that promote collaboration and teamwork, improve quality and maximize the value of the above project. Z&K’s past performance with Cities, Counties, and other agencies show our remarkable ability to control costs, guarantee great quality of work, and meet all project deadlines. We understand the importance of Schedule Control and are known in the industry for assisting the contractor to cut the project schedule and to yield significant savings for our clients through reduction of overhead construction management and construction costs. The most significant saving is less inconvenience to the traveling public and less City exposure due to shortened construction duration. This will help extend excess project funds into other projects. Z&K has one subconsultant, Converse Consultants, for material testing services. All other scope of work including playground equipment inspection, survey QA, etc. will be performed in-house by Z&K personnel. Converse Consultants Contact is Hashmi Quazi, 951.264.3286, 2021 Rancho Dr, Suite 1, Redlands, CA 92373. Z&K is proud of our reputation for having seasoned construction management, project management, and inspection personnel and of the industry’s recognition of our ability to deliver improvement projects ahead-of- schedule, under budget, without claims, and with outstanding customer service for the local community. Z&K Firm Information Firm’s Name Z&K Consultants, Inc. Firm Certifications DBE, SBE, WBE Type of Firm California C Corporation Year Founded 2009 No. of Employees 45 Employees Office Locations Orange, Riverside, San Bernardino Z&K has extensive experience providing Construction Management and Inspection Services on similar projects to the City of San Bernardino’s Project. Over the last 5 years, the Z&K team has provided these Services for the following similar contracts and projects, amongst numerous others: Seccombe Lake Park and Perris Hills Park (City of San Bernardino) Splash Pads for Four (4) Parks (City of San Bernardino) Playground Equipment Replacement for Six (6) Parks (City of San Bernardino) Perris Hills Park Improvements (City of San Bernardino) Circle Park Rehabilitation Project (City of South Gate) Hollydale Community Park Improvements Project (City of South Gate) Gibbel Park All Wheel Skate Park (City of Hemet) Jack Hammett Sports Complex Improvement Project (City of Costa Mesa) Arbor Mini Parks Improvement Project (City of Lake Forest) Vintage & Sundowner Parks Improvement Project (City of Lake Forest) Borrego Overlook, Regency, and Rancho Serrano Parks Improvement Project (City of Lake Forest) Veterans Sports Park at Tustin Legacy (City of Tustin) Yvonne Burke – John Ham Park Community Center (City of Lynwood) Silverrock Park Venue Site (City of La Quinta) These projects include funding from various sources including, bond funds, STP programs, Metro On-Call, Federal/State/Local Funding, Local Assistance Procedures Manual (LAPM). The proposed Z&K Team are experts of Park Projects. Z&K has successfully provided similar services for over 33 Park Projects within the last 5 years, Packet Page. 711 PROJECT EXPERIENCE The Z&K Team has successfully performed Construction Management, Construction Inspection, and Materials Testing Coordination for numerous public agencies. The following projects have been completed on time and within budget. CITY OF SOUTH GATE | HOLLYDALE COMMUNITY PARK IMPROVEMENTS PROJECT The Project is funded with grant funds from Prop 68, State of California, and Natural Resources Agency. The Z&K Team is providing Project Management, Construction Management, and Inspection services for the City of South Gate’s Hollydale Community Improvement Project. The Project improvements include a new community center, new lighting and electrical systems, a new parking lot, concrete improvements, stormwater chambers, ADA compliant ramps, sidewalk, curb and gutter, drainage improvements, new irrigation system and landscaping, site furniture, new playground and exercise equipment, basketball court, CMU block wall, seatwalls planters, with brick and stone cap, stacked rock retaining walls, fence, 20’x40’ shade structures, synthetic turf, sand and water play area, splash pads, water pipeline and sewer pipeline installation, construction of a new 1,675 SF community building and other miscellaneous work. Z&K is providing contract administration, construction management, inspection, utility coordination, labor compliance, public outreach, geotechnical and material testing services, and project close-out. Z&K provided a full comprehensive constructability review performed by the CM team. Project Team: Zack Faqih, Tommy Russell, Tom Dawson, Brittany Duhn, Amber Garcia, Charles Lamb. Construction Cost: $9.8M CITY OF IRWINDALE | IRWINDALE PARK IMPROVEMENTS PROJECT PHASE IV & V The Z&K Team is providing Project Management, Construction Management, Inspection services, Labor Compliance Oversight, and Construction Surveying Services for the City of Irwindale’s Irwindale Park Improvements Project. The Project improvements include demolition of existing concrete walks, concrete footings, planters, and existing roofing and framing. The work includes drainage structures, drainage line installation, site grading, fine grading, installing concrete walks. The electrical work consists of removal of the designated existing lights, including their bases, and removing and disconnecting the existing lights in the structures that will be worked on. The architectural and structural work consists of the building of new roofed BBQ/picnic shelter 1 (approx. 1,635 sf), the building of new roofed picnic shelter 2 (approx. 1,164 sf), remodel of existing restroom 1 (approx. 569 sf), and remodel of existing restroom 2. The irrigation work in Phase IV & V areas (~70,000 sf) includes installation of new points of connection, installation of new controllers, and maintaining the delivery of irrigation to the existing plants during the construction period. Z&K is providing contract administration, construction management, inspection, utility coordination, labor compliance, public outreach, and project close-out. Z&K provided a full comprehensive constructability review performed by the CM team. Project Team: Zack Faqih, Tommy Russell, Tom Dawson, Brittany Duhn, Amber Garcia. Construction Cost: $5.5M Our Projects include the following similarities to the City of San Bernardino’s upcoming project: ü Restroom/Storage Buildings ü Roadways and Parking Lots ü Landscaping and Irrigation ü Trash Enclosures ü Seat Walls & Accent Walls ü Sod & Turf Installation ü Monuments ü Landscaping & Irrigation ü Grading ü Stormwater Drainage Basins ü Tree Planting ü Fencing Installation ü Basketball Surfacing ü Shade Structures ü Utility Relocations ü American Rescue Plan Act (ARPA) ü Community Development Block Grant (CDBG) ü Construction Management ü Construction Inspection ü Contract Administration ü Playground Equipment Inspection ü Traffic Control ü Labor Compliance ü Geotechnical Testing ü Utility Coordination ü Public Outreach ü Survey ü Park Improvement Projects ü Playground Equipment ü Open Play Fields ü Concrete and AC Paving ü ADA Ramps, Driveway Approaches, Curb & Gutter, ADA Parking Stalls ü Parking Lota ü Exercise Stations & Equipment ü Lighting Improvements and Security Systems ü ADA Compliant Ramps ü Slab on Grade Foundation ü Structural and Masonry Walls Z&K has successfully delivered over 33 park/ building improvement projects serving in a similar capacity over the past 5 years. CDBG & ARPA Funding CDBG & ARPA Funding Packet Page. 712 CITY OF SOUTH GATE | CIRCLE PARK REHABILITATION PROJECT The Z&K Team is providing Project Management, Construction Management, Inspection services, Labor Compliance Oversight, and Construction Surveying Services for the City of South Gate’s Circle Park Rehabilitation Project. The scope of work to be done consists of the renovation of the existing park, grading, installation of a new playground plaza, Water Play area, picnic shelters and tables, basketball court, Pickle Ball court and a Futsal court, new irrigation system and landscaping with drought tolerant plants, new lighting system, DG walking path, park benches, picnic tables, concrete sidewalk, curb and gutter, curb ramps, AC pavement, and other related items that are required by the Contract Documents. Z&K is providing contract administration, construction management, inspection, utility coordination, labor compliance, public outreach, geotechnical and material testing services, and project close-out. Z&K provided a full comprehensive constructability review performed by the CM team. Project Team: Zack Faqih, Tommy Russell, Tom Dawson, Brittany Duhn, Amber Garcia, Charles Lamb. Construction Cost: $10.5M CITY OF HEMET | GIBBEL PARK ALL WHEEL SKATE PARK The Z&K Team is providing Construction Management and Inspection services for the City of Hemet’s Gibbel Park All Wheel Skate Park Improvement project. Relevant improvements within the project include constructing a skate park, landscaping, irrigation, rough and precise grading, new lighting, concrete improvements, fencing, installing a shade sail, constructing 18” x 18” concrete capped seat walls with board-deterrent notches, installation of catch basins, piping and bedding, pretreatment devise and dry well, and demolition. Z&K is providing contract administration, construction management, inspection, utility coordination, labor compliance, public outreach, geotechnical and material testing services, and project close-out. Z&K provided a full comprehensive constructability review performed by the CM team. Project Team: Zack Faqih, Tommy Russell, Brittany Duhn, Amber Garcia. Construction Cost: $3.5M CITY OF COSTA MESA | JACK HAMMETT SPORTS COMPLEX IMPROVEMENT PROJECT The Z&K Team provided Construction Management and Inspection services for the City of Costa Mesa’s Jack Hammett Sports Complex Improvement project. Relevant improvements within the project included sports field construction, synthetic turf installation, concrete improvements, parking lot improvements including increase of parking and improved circulation, ADA improvements, electrical runs to the pull boxes for storage buildings within the complex, construction of retaining walls, block wall fencing, replacement of lighting system, irrigation improvements, landscaping, rough and precise grading, foundation improvements, construction and installation of two new storage buildings, and all electrical and mechanical work within the buildings. Z&K provided the following services: managing and coordination all aspects of the project, performing pre-construction services, coordinating field meetings and construction progress meetings, reviewing and approving contractor’s construction schedule, reviewing contract change orders, maintaining monthly accounting of construction costs, reviewing and coordinating approval of shop drawings, tracking and processing submittals and requests for information, monitoring materials documentation and testing results, conducting labor compliance, participating in public outreach activities, providing full time inspection of project activities, ensuring compliance with approved PS&E, city standards, and Greenbook standards, ensuring compliance with the NPDES program and Cal OSHA requirements. Project Team: Zack Faqih, Tom Dawson, Brittany Duhn, Amber Garcia, Charles Lamb. Construction Cost: $3.2M CITY OF LAKE FOREST | ARBOR MINI PARKS AND NEIGHBORHOOD PARKS Z&K provided Construction Management, Construction Inspection, and Contract administration for the Arbor Mini Parks and Neighborhood Park Renovations. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. Project Team: Zack Faqih, Tom Dawson, Brittany Duhn, Amber Garcia, Charles Lamb. Construction Cost: $4.1M CITY OF LAKE FOREST | VINTAGE AND SUNDOWNER PARKS Z&K provided Construction Management, Construction Inspection, and Contract administration for Sundowner and Vintage Parks. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, barbecues, picnic tables, park lighting system and electrical system, drinking fountains, shade structures, rubber surfacing, and concrete loop walkways. Project Team: Zack Faqih, Tommy Russell, Tom Dawson, Brittany Duhn, Amber Garcia, Charles Lamb. Construction Cost: $4.0M CDBG Funding CDBG Funding CDBG Funding CDBG & ARPA Funding Packet Page. 713 CITY OF LAKE FOREST BORREGO OVERLOOK, REGENCY, AND RANCHO SERRANO PARKS Z&K provided Construction Management, Construction Inspection, and Contract administration for the Borrego Overlook, Regency, Rancho Serrano Parks. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. Project Team: Zack Faqih, Tom Dawson, Brittany Duhn, Amber Garcia. Construction Cost: $3.9M CITY OF TUSTIN | VETERANS SPORTS PARK AT TUSTIN LEGACY Z&K provided Construction Management and Construction Inspection Services as a subconsultant for the City of Tustin’s Veterans Sports Park at Tustin Legacy. This park is the City of Tustin’s largest park carved from 31.5-acres. The construction for the Veterans Sports Park consisted of demolition, grading, storm drain, water, reclaimed water, and sanitary sewer installation. The sports park contains a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickleball. The park includes a passive recreation area, fitness stations, concession/restroom/storage buildings, a veteran’s memorial feature, skate plaza, a parking lot, and a children’s play environment. Additional relevant park features include lighting installation, retaining walls, synthetic turf, outlet structures, outdoor seating areas, ADA compliant ramps and concrete walkways, ADA compliant parking lot spaces, landscaping, and water features. Z&K managed and coordinated all aspects of the project, performed pre-construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor’s construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities. Project Team: Zack Faqih, Tommy Russell, Tom Dawson, Brittany Duhn, Amber Garcia Construction Cost: $28M CITY OF LYNWOOD | YVONNE BURKE – JOHN HAM PARK COMMUNITY CENTER The Project was funded with grant funds from Prop 68, State of California, Natural Resources Agency. Z&K provided Construction Management and Inspection Services for this new 8,645 SF community center and park. The project included building improvements, such as a kitchen, multipurpose rooms, administration offices, restrooms, game room, concession room, landscaping, irrigation, retaining walls, block wall fencing, site lighting, concrete walkways, water features, outdoor exercise stations, a natural grass baseball field, outdoor basketball court, covered picnic and barbecue areas, playground equipment, public restrooms, a ¾ mile ADA accessible walkway, outlet structures, and paving improvements. The project has required close coordination with SCE, Region Water Quality Control Board, and Los Angeles County Department of Public Health. Z&K managed and coordinated all aspects of the project, performed pre-construction services, coordinated field meetings and construction progress meetings, reviewed and approved contractor’s construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities. Project Team: Zack Faqih, Tom Dawson. Cost: $4.7M CITY OF LA QUINTA | SILVERROCK PARK VENUE SITE Z&K provided Construction Management and Inspection Services for this Project, which sits on approximately 14 acres with approximately eight (8) acres of walking paths, turf, and landscaping. Construction work included precise grading, hardscape, landscaping and irrigation, stream and lake construction, furnishing and installation of lighting, decomposed granite parking lot construction, concrete ADA parking space construction, concrete and decomposed walkways, construction of a stage, installation of playground equipment, picnic and BBQ areas, park lighting, construction of an outdoor theater with seating area. Project included traffic control, dust control, SWPPP, 6” PCC paving, 6” concrete vertical curb, 4” concrete rolled curb, over 70,000 SF of decomposed stabilized granite, concrete cross gutter, parking lot signage and striping, ADA curb ramps, ADA parking stalls, fire line, water line, headwalls, and rip rap, drinking fountains, parking lot lighting, and landscaping. Z&K personnel provided full time construction management and inspection services to ensure compliance with the contract documents, evaluated the Contractor’s daily performance, coordinated and conducted pre- construction meeting, regularly scheduled construction progress meetings, tracking and reviewing RFIs and submittals, ensuring contractor’s compliance with public right-of-way, performing utility coordination, monitoring compliance with BMPs, assisting with community outreach efforts, and coordinated completion of final punch-list items, project close-out, and final inspection and walkthrough. Project Team: Zack Faqih, Tom Dawson, Brittany Duhn, Amber Garcia. Construction Cost: $5.4M CDBG & ARPA Funding Packet Page. 714 CITY OF SAN BERNARDINO | PLAYGROUND EQUIPMENT REPLACEMENT FOR SIX PARKS The Z&K Team provided Construction Management and Inspection services for this project, which consisted of park improvements to six community parks in the City of San Bernardino. Parks that received improvements included Jack Reilly Park, Encanto Park, Gutierrez Park, Colony Park, Delmann Heights Park, and La Plaza Park. Z&K oversaw the replacement of playground and exercise equipment, installation of block wall fencing, grading, irrigation and landscaping improvements, construction of a basketball courts and other sports fields, installation of barbecue and picnic areas, ADA accessible curb ramps and walkways, storm drain construction, and various concrete improvements. Project Team: Nadeem Syed, Patrick Fraire. Construction Cost: $1M CITY OF SAN BERNARDINO | SECCOMBE LAKE PARK AND PERRIS HILLS PARK The Z&K Team provided Construction Management and Inspection services for this project, which involved improvements to Seccombe Lake Park and Perris Hills Park in the City of San Bernardino. Z&K personnel performed constructability reviews of the project plans and specifications prior to the bid release. The project includes grading, fencing, new CMU restroom buildings, and ADA parking space construction. The project also includes landscaping and irrigation improvements, ADA sidewalk improvements, installation of playground and exercise equipment, installation of horseshoe pits, improvements to a baseball diamond, playground areas, picnic and barbecue areas, and installation of several benches. Project Team: Nadeem Syed, Patrick Fraire. Construction Cost: $1.4M CITY OF SAN BERNARDINO | SPLASH PADS FOR FOUR PARKS The Z&K Team provided Construction Management and Inspection for this series of park improvement projects, which involved splash pad installation for four parks; Tom Minor Park, Wildwood Park, Lytle Creek Park, and Anne Shirrels Park. Z&K oversaw the installation of splash pad and playground equipment, irrigation and landscaping improvements, grading, concrete improvements, ADA accessible ramps, improvements to lighting and electrical systems, and construction of block wall fencing. In addition to providing constructability review during the pre-construction phase, Z&K coordinated field meetings and construction progress meetings, reviewed and approved contractor’s construction schedule, reviewed contract change orders, maintained monthly accounting of construction costs, reviewed and coordinated approval of shop drawings, tracked and processed submittals and requests for information, monitored materials documentation and testing results, conducted labor compliance and certified payroll review, participated in public outreach activities, provided full time inspection of project activities, ensured compliance with approved PS&E, city standards, and Greenbook standards, ensured compliance with the NPDES program and Cal OSHA requirements, coordinated materials testing services and reviewing results, coordinated with utility companies, and coordinated and conducted project closeout activities. Project Team: Nadeem Syed, Patrick Fraire. Construction Cost: $1.1M FINANCIAL CONDITIONS Z&K, Inc is in sound financial condition and does not have any bankruptcy, pending litigation, planned office closures, impending merger, or any other condition that may impede its ability to complete the project. PROJECT REFERENCES City of Chino Amer Jakher, Director of Public Works 13220 Central Ave, Chino, CA 91710 ajakher@cityofchino.org 909.334.3250 City of South Gate Elias Saikaly, Project Manager 8650 California Ave, South Gate, CA 90280 esaikaly@sogate.org (562) 968-4860 City of Lake Forest Nazila Mokarram, Principal Civil Engineer 100 Civic Center Drive, Lake Forest, CA 92630 nmokarram@lakeforestca.gov (949) 461-3490 Packet Page. 715 PROPOSED PROJECT TEAM Page 7 Packet Page. 716 PROPOSED PROJECT TEAM Z&K has carefully selected this "A-Team" and has committed our most qualified staff for the duration of the contract. The project team is committed 100% to this contract and all proposed personnel will be available to perform the requested services as required by the City of San Bernardino. Our proposed team members have extensive experience in Construction Management, Construction Quality Assurance and Inspection services of Park Projects. Our staff will deploy efforts as the project schedule and construction activities dictate. We will reallocate manhours, when possible, for cost savings to the City. By using highly qualified multi-disciplined personnel, we can provide a cost of service well under industry standard. The key to a successful project is a highly qualified and well-managed team. We offer the City a cohesive, talented team of licensed and certified professionals. Our Professionals are recognized as leaders in the industry and will act as a seamless extension of City Staff. Our Construction Management and Inspection professionals keep these key objectives in mind: • Quality services and project deliverables • Time and budget efficiency • Adherence to quality and assurance standards • Constant communication • Application of technical and practical expertise • All licensing, training, and experience per RFP Z&K has one subconsultant, Converse Consultants, for material testing services. All other scope of work including playground equipment inspection, survey QA, etc. will be performed in-house by Z&K personnel. Key personnel shall be available to the extent proposed for the duration of the project acknowledging that no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City of San Bernardino. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership and supervisory management positions in many local agencies including the private and public sectors. All can multi-task, are multi-disciplined, and have a full understanding of all aspects of the proposed project requirements. SUBCONSULTANTS | CONVERSE CONSULTANTS In 1946, Professor Frederick J. Converse established Converse Consultants (Converse) in Pasadena, California to provide the construction industry with geotechnical engineering and geological services. Converse is an employee- owned corporation, with 9 offices and more than 150 employees throughout the United States. Their professional and technical staff includes in-house geotechnical engineers, engineering geologists, environmental scientists, deputy inspectors, laboratory and field technicians, drafting/CAD specialists, and other specialized support personnel. Their laboratories are certified by the Division of the State Architect (DSA), California Department of Transportation (Caltrans), US Army Corps of Engineers, American Association of State Highway and Transportation Officials (AASHTO), and the Cement and Concrete Reference Laboratory (CCRL). Page 8 Packet Page. 717 PROFESSIONAL AND QUALIFIED TEAM Our proposed staffing plan has been developed to have a cost well under industry standard. Z&K Consultants, Inc. has first-hand experience on the expectations and requirements to make the City’s Projects a success. We understand the staff effort needed to complete these projects on time and within budget. KEY PERSONNEL BIOS Zack Faqih, PE, QSD/P, MSCE, CBO | Construction Manager/Resident Engineer (Over 26 Park Projects) Mr. Faqih has over 32 years of experience providing resident engineering, construction management, construction inspection, project management, and contract administration services, and has provided services for over 26 park improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation, sports fields and courts installation, block wall fencing installation, synthetic turf installation, grading, and ADA compliance ramps. In addition to delivering over 25 park projects as a Construction Manager and having over 28 years of experience, Zack, PE, QSD/P, MSCE, CBO is vastly experienced with the 2022 California Building Code and are ICC certified in all building trades. Zack has served as Deputy Building Official for various Public Agencies and understands the building improvements aspect of the project in addition to the park improvements. Mr. Faqih has over 32 years of experience in structural and masonry walls, slab on grade foundation, concrete construction, and gen eral building construction. Mr. Faqih has excellent skills in understanding construction contracts, review and control project cost and schedule, coordinate and assist in negotiating change orders, ensure timely review of critical path method (CPM) schedule to track any changes in critical path and delays, managing multiple subconsultants and supervise inspection staff. Zack was the Deputy Building Official for the City of Yorba Linda, City of Rialto, and the County of Orange for over 15 years. Mr. Faqih has delivered numerous projects with both ARPA and CDBG funding. Mr. Faqih’s extensive list of certifications/licenses include: » Professional Engineer, P.E. State of CA, #C57958 » Certified Special Inspector for Structural Welding » Certified Special Inspector for Structural Steel » Certified Special Inspector for Reinforced Concrete » Certified Mechanical Inspector » Certified Electrical Inspector, I.C.B.O. #1020345-20 » SWPPP (QSD) & (QSP), Certificate # 22055 » Certified Accessibility Inspector/Plans Examiner » Certified Building Official, C.B.O., #3741 » Certified Plans Examiner, I.C.B.O., #1020345-60 » Certified Plumbing Inspector, I.C.B.O. #1020345-30 » OSHA 30 Hour Construction Safety & Health » Certified Emergency Inspector » C.G.B.P Certified Green Building Inspector » Certified Special Inspector for Fire Proofing Tommy Russell | Senior Construction Inspector/Regional Supervising Electrical Inspector (Over 17 Park Projects) | Mr. Russell has over 25 years of experience in in capital improvement projects and has provided Senior Construction Inspection for over 17 park improvement projects. Mr. Russell has a construction management and contracting background equipping him with a unique and effective strategy when managing and negotiating with the contractor. Mr. Russell is also vastly experienced with SCE coordination and electrical engineering. In addition to Tom’s extensive park experience, Tom has strong electrical and contracting experience and was a General Foreman for MSL Electrical. STAFFING CHART Park Improvement Projects APRA and CDBG Funding Concrete and AC Paving ADA Ramps and Walkways Restroom/Concession Buildings Open Play Fields/Exercise Stations Roadways and Parking Lots Tubular Steel & Chain Link Fence Playground Equipment Landscaping and Irrigation Seat Walls and Shade Structures Tree Planting & Picnic Tables Accent Walls and Monuments Lighting & Electrical Improvements Mayor Utility Relocations Construction Management Construction Inspection Zack Faqih, PE, MSCE, QSD/P, CBO, ICC Certified Construction Manager/Resident Engineer ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Tommy Russell Senior Construction Inspector/Regional Supervising Electrical Inspector ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Brittany Duhn, PE, QSD/P Project Manager/Office Engineer ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Amber Garcia Labor Compliance Officer ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Charles Lamb, RLA Senior Licensed Landscape Architect ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Tom Dawson, CBO, ICC Certified Senior Construction Inspector (Alternate) ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Eddie Davalos Civil/Grading Senior Inspector ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü ü Page 9 Packet Page. 718 He has over 25 years of experience coordinating with Edison and will successfully manage and inspection all important electrical items of this project. Mr. Russell has thorough experience in construction inspection and management, specialty inspection, contracting, project management, and providing quality control and quality assurance on large-scale public works capital improvement projects including SCE coordination, park projects, lighting, traffic signal, utility relocation, park rehabilitations, park improvements, clearing and grubbing, tree removal, open play fields, unclassified excavation and unclassified fill, signage, traffic control, detours, phasing plans, demolition, grading, ADA ramps, sidewalk, new parking lots, play areas, new concrete walkways, concrete paving, ballfields, picnic shelters, restroom/concession building, site furnishing, drainage, landscaping, light poles, fixtures, pull boxes, footings, switchboards, tubular steel fencing, mow curb, seat walls, double swing gates, accent pilasters, accent walls, drinking fountains, chain link gates, benches, trash enclosures, BBQ grills, bike racks, exercise stations, park monuments, playground equipment, driveway approaches, curb and gutter, ADA parking stalls, landscaping, irrigation, sod, basketball court surfacing, snack bars, restrooms, equipment rooms, new trees, turf, and shrubs, Southern California Edison coordination, picnic shelters, shade structures, steel trellises, walking/running trails, sports courts, amphitheaters, planting, lighting and security, striping and signage, utility improvements, utility relocations, traffic control, telecommunications, public facilities improvements, on-site development improvements, Storm Water Pollution Prevention (SWPPP), and ADA Improvements. roadway widenings, bridges, interchanges, freeway widenings, grade separations, bridge widenings, and street improvements. Thomas Dawson, CBO, ICC Certified | Senior Construction Inspector (Over 25 Park Projects) (Alternate, As-Needed) Mr. Dawson has over 28 years of experience in public works and capital improvement projects, and has provided construction management, construction inspection, project management, and contract administration for over 25 park improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation sports fields and courts installation, and block wall fencing installation. Mr. Dawson has over 28 years of experience in structural and masonry walls, slab on grade foundation, and general building construction. Mr. Dawson is familiar with the Greenbook, Caltrans standard specifications, Caltrans standard plans and has worked on numerous projects within Caltrans ROW. Tom was the Deputy Building Official for the County of Orange for over 12 years. Mr. Dawson’s extensive list of certifications/licenses include: » International Code Counsel Certifications » Fire Inspector 1 » Building Plan Examiner » California Commercial Electrical » California Combination Inspector » Combination Inspect/Legacy » California Commercial Plumbing Inspector » California Commercial Mechanical Inspector » California Residential Mechanical Inspector » California Residential Electrical Inspector » California Residential Plumbing Inspector » Certified Building Official » CLB License Number 674861 » OSHA 30 Hour Training Brittany Duhn, PE, QSD/P | Project Manager/Office Engineer (Over 15 Park Projects) | Ms. Duhn has extensive experience in providing project management, office engineering, construction management, contract administration, and labor compliance oversight services for public works and capital improvement projects, and has provided services for over 15 park improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, exercise equipment, sports fields and sports courts. Ms. Duhn has delivered numerous projects with both ARPA and CDBG funding. Charles Lamb, RLA | Registered Landscape Architect (Over 35 Park Projects) | Charles has over 30 years of landscape design, construction management, and inspection experience with park projects, capital improvement projects, and Caltrans. He has been responsible for design of park projects and for observing and documenting installation of decorative hardscape features, erosion control, irrigation systems, and plant material installation. Our Licensed Landscape Architect has extensive park design and construction management experience and will bring unmatched expertise and technical support as dictated by the project needs. Amber Garcia - Labor Compliance Officer (Over 15 Park Projects) | Ms. Garcia has extensive labor compliance experience. Ms. Garcia will perform labor compliance reviews in accordance with the Department of Industrial Relations (DIR). She will ensure the inspectors will conduct weekly field interviews with workers from each labor trade to verify that actual prevailing wages and fringe benefits distributed to workers follow applicable laws and certified payroll reports submitted by the contractor and subcontractors. She will request certified payroll reports and receipts of submission of certified payroll to the DIR from the contractor and subcontractors monthly. Ms. Garcia has delivered numerous projects with both ARPA and CDBG funding. Eddie Davalos | Senior Civil/Grading Inspector (Over 14 Park Projects) | Mr. Davalos has over 25 years of experience in public works inspection, construction management, contracting, quality control, construction inspection, and management of large-scale capital improvement projects, and has successfully delivered over 14 park projects, involving concrete improvements, lighting, landscaping and irrigation, gradings improvements, intersection improvements, ADA ramp improvements, asphalt overlay, manholes and utility covers, and PCC sidewalk. This “A-Team” has worked together in this same capacity on multiple park improvement projects. In addition to their extensive project specific experience, this team has great synergy and works very well together as well as with City Staff. All above key members are local to the area and are excited about the opportunity to improve their community. Our strategic and efficient staffing approach also results in significant cost savings to the City of San Bernardino. We are confident that our proposed “A-Team” will provide outstanding customer service and cost savings for the City. Page 10 Packet Page. 719 PROJECT UNDERSTANDING, SCOPE AND APPROACH TO DELIVER THE PROJECT ON TIME AND WITHIN BUDGET Page 11 Packet Page. 720 PROJECT UNDERSTANDING, SCOPE, AND APPROACH TO DELIVER THE PROJECT ON TIME AND WITH BUDGET We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed management procedures that promote collaboration and teamwork, improve quality, and maximize the value of the City’s project. Z&K’s past performance with Cities, Counties, and other agencies show our remarkable ability to control costs, guarantee great quality of work, and meet all project deadlines. We understand that the City’s longtime goal is to restore the park and its amenities to draw positive activities back to the area, restore and expand recreational opportunities for the surrounding neighborhood. Nicholson Neighborhood Park is a City-owned 9.52-acre park facility located at 2737 West 2nd Street. The park includes recreational amenities and a community center building. The community center building has been closed due to financial challenges and the park area has continued to be accessible for general community use. The park has been a target for vandalism due to the lack of programmed activities and use at the site. We are excited about this impactful rehabilitation project to revitalize the park and the surrounding community. On March 3, 2021, RHA Landscape Architects – Planners, Inc was awarded the contract to begin design services for Nicholson Park. We understand that the project is funded $8,850,000 in American Rescue Plan Act (ARPA) funds and Community Development Block Grant (CDBG) and Liability Insurance funds. Our team members have prior experience with these funding sources and are recognized as experts in contract administration and documentation for reimbursements. We understand that the City awarded the Construction of Nicholson Neighborhood Park Improvements to Urban Habitat for the amount of $8,147,197.56. A total of six sealed bids were received on August 31, 2023. The highest bid was $12,055,500.00 and Urban Habitat was awarded the contract as the lowest responsible and responsive bidder with a total base bid amount of $8,147,197.56. We have worked with Urban Habitat on numerous previous projects and have a great working relationship with their Team. MANAGEMENT APPROACH | Z&K Consultants, Inc. provides proven professional construction management techniques to ensure the safe construction of a quality project completed on time and within budget. Z&K accomplished this by establishing the systems, policies, and procedures necessary to ensure adequate project controls are in place. The Construction Manager must ensure all parties understand the basic responsibilities and interrelationships of all team member such as the Owner (both project management and operations), the Design Engineer, the Contractor, the construction management team, and the subconsultants. Additionally, a good Construction Manager must have the knowledge and experience to effectively understand the interrelationships between the key management components of time, information, cost, and quality. Decision making, including obtaining sufficient information to make reasoned decisions, is the key element leading to a successful project. the project. The Z&K approach is founded on a thorough understanding of each of the management components critical to the project. TIME MANAGEMENT | Time management uses scheduling to accurately manage and track the restrictive elements of time and resources throughout the project. The key to a successfully implemented and managed schedule is the development of an accurate, detailed, and realistic baseline schedule. Z&K will review the Contractor’s baseline schedule to ensure it is accurate and reasonable. Activity durations and logic ties may be examined for accuracy and constructability. The schedule logic and activity durations may also be analyzed to ensure the Contractor does not use float suppression techniques. Schedule float is a valuable resource for the Owner and the Contractor. Schedule implementation and administration is the next step in proper time management. The Contractor’s actual progress will be documented daily. The Z&K Team will review the progress with the Contractor at the weekly meetings. The Contractor’s three-week-look-ahead schedule will be compared with the work plan on the record schedule to ensure the Contractor continues to use the record schedule as a management tool. We will check the record schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues for further discussion. INFORMATION MANAGEMENT | Proper information flow is crucial to the success of a project. A construction project generates a large amount of information, which must be distributed to all parties on a timely basis. The source of this information will cover the full spectrum including contracts, meeting minutes, drawings and specifications, submittals, requests for information (RFIs), pay requests, invoices, inspection reports, and so forth. Z&K will act as the hub for the management of all information flow. Z&K has extensive experience providing document management solutions for its clients. Z&K’s approach to information management also includes building a communication framework to continually foster partnering and teamwork relationships for all the project stakeholders. Z&K builds this framework from the start of the project with an all-inclusive kick-off meeting where the lines of communication and project responsibilities will be clearly explained to all the project stakeholders. The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the meetings. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, RFIs, submittals, testing and inspection reports, non-conformance notices, environmental monitoring, change orders, three-week-look-ahead schedule, pay requests, and so forth. Unresolved issues will be carried over to the next week’s meeting until a final resolution is obtained. FUNDING MANAGEMENT | Z&K will ensure that the City has all necessary information to comply with funding requirements. Our team is experienced in complying with funding reporting and filing requirements. We pay close attention to these requirements and deadlines so that project funding remains unaffected and so that file audits are conducted quickly and efficiently. Our team is also experienced in ensuring that project documents show compliance with DBE reporting requirements, DBE goals, and/or good faith effort documented. Proper Project documentation is key in any audits. COST MANAGEMENT | Z&K will take the lead to ensure a cost management system is properly implemented and maintained. Z&K’s cost management role will be in two parts. The first is to track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor. Page 12 Packet Page. 721 Secondly, Z&K will proactively manage the change order process. The monthly progress billing may be tied to the construction schedule. A cost loaded critical path method (CPM) schedule is a valuable management tool. Each month, the Construction Inspector will review and approve the updated cost loaded CPM. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values. This process ensures the Owner is accurately billed for the completed work monthly. Changes in work and unforeseen conditions will be closely monitored. Any costs for changes will be managed by the Z&K construction management team. An ongoing log of potential change issues will be maintained. These issues will be discussed and updated at each weekly meeting. QUALITY MANAGEMENT | Quality management is an inherent CM responsibility. Z&K is knowledgeable and capable in all aspects of quality management. Quality assurance is the application of systematic methods to verify the effective implementation of quality control procedures. Z&K will manage the quality of the project by taking the quality assurance lead role and implementing the Z&K quality assurance program, which allocates quality control responsibilities to the various project participants to ensure the constructed product conforms to the contract plans and specifications. This includes a detailed inspection plan, inspection procedures, and documentation procedures for all inspection and test reports. Z&K will review the Contractor’s quality control procedures to ensure adequacy. Quality control issues will be discussed at each weekly meeting. An ongoing deficiencies/corrective items list will be maintained, reviewed, and updated weekly. Quality assurance includes quality of the constructed work as well as the quality of the Contractor’s document processes (such as the Contractor’s submittals and RFIs). In Z&K’s experience, lack of quality in the paperwork with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product. Deficiencies in submittal quality control by the Contractor often leads to incorrect or inferior equipment and materials being installed. Z&K will be proactive with the Contractor to ensure the quality of their submittals. Likewise, lax procedures for the processing of RFIs may lead to misunderstandings and delays. Z&K will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Finally, Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K’s quality assurance program. CODES & PROCEDURES MANAGEMENT | Z&K has a strong knowledge of the City, County, State, and Federal codes and procedures that are required to deliver a successful project. Z&K will ensure that all codes and procedures are properly followed for the City’s Project. Some of the requirements are as follows: o Project Construction Documents o City Standards and Design Manuals o California Building Code o California Plumbing Code o California Mechanical Code o California Electrical Code o California Building Energy Efficiency Standards o Title 24, Part 2, 2.5, 3, 4, 5, 6, 11 o California Fire Code o California Residential Code o California Green Building Code o California Disabled Regulations o City Codes & Ordinances o City Grading Code & Manual o APWA “Greenbook” Standard Specifications for Public Works Construction o Caltrans Standards, Specifications, and Procedures o Caltrans Construction Manual o Caltrans Safety Manual o OSHA Construction Safety Orders o 10/30-hr OSHA Training Certification o Local Assistance Procedures Manual (LAPM) o State and Federal Building Codes (Site Accessibility) o County Procedures and Guidelines o Work Area Traffic Control Handbook (WATCH) Manual o Manual of Uniform Traffic Control Devices (MUTCD) o Project Safety Plan (PSP) o Site Health and Safety Plan o Activity Hazard Analysis (AHA) SCOPE OF WORK Our Team’s relevant experience allows them to provide overall administration of the construction process based on their unique ability to fully understand the construction process, work proactively to identify problems early, and to mitigate each risk before it affects the project performance goals. Z&K proactively serves as the project’s administrator and provides consistent coordination between all project stakeholders including the City, Design Engineer, and selected construction contractor and subcontractors. Z&K has thoroughly reviewed the Request for Proposal (RFP); we confirmed our team will provide all scope of work tasks as outlined in the RFP scope of services to ensure the success of the City of San Bernardino’s Public Works Projects. Z&K acknowledges our ability to meet potential project requirements listed under the scope of services. The Z&K Team, at a minimum, will perform the following: PROJECT COORDINATION Our proposed Resident Engineer, Zack Faqih, PE, is a licensed Civil Engineer in the State of California and has over 32 years of experience in construction management, construction inspection, and contract administration. Mr. Faqih has successfully delivered over 26 park improvement projects, many of which are similarly funded. He has extensive experience with different types of concrete construction, lighting, electrical, irrigation, and landscaping. He is experienced in American with Disabilities Act (ADA) requirements. He has worked on many park projects with similar features including parking lot improvements, basketball courts, landscaping, turf and irrigation system, site furnishings, safety lighting, playground, shade structures, decomposed granite pathways, pickle ball court, futsal court, and other amenities. Mr. Faqih will serve as the City’s representative in charge of project communication and coordination with Z&K, City staff, the design engineer, and the contractor throughout the project. Page 13 Packet Page. 722 CONSTRUCTION MANAGEMENT The Z&K team has the knowledge, skill, and experience to ensure that all project services required for this contract are coordinated and delivered in accordance with the plans and specifications. Z&K has carefully selected this "A-Team" of and committed our most qualified staff for the duration of the contract to deliver a successful project. The assigned Z&K Inspector and Resident Engineer are committed to provide their services at all times required by the contract. They will manage and coordinate all aspects of the project, inclusive of the services identified in the RFP. Our proposed personnel have successfully provided construction management and inspection for a variety of projects. The Z&K Inspector is on site daily to observe construction operations and materials and compare them with the project plans and specifications. Z&K will schedule, coordinate, and conduct a pre-construction meeting with the City, affected agencies, and the Contractor, as well as the design engineer, utilities, and other agencies. An agenda will be prepared in advance to notify attendees of key items for discussion. At the pre-construction conference, we will discuss special project concerns and establish the protocol to be used throughout the project. The meeting will highlight the contractor’s responsibility for items such as order of work, permit and environmental agreements, safety and access, progress pay requests, labor compliance, submittals, RFIs, CCOs, quality control, materials certification, schedule updates, and weekly meetings. Z&K will review the baseline schedule and verify that it meets all the required information prior to issuing the Notice to Proceed to the Contractor. Z&K will prepare and promptly distribute meeting minutes to all attendees. Z&K will establish coordination and a line of communication to be used among participants throughout the project. Z&K will document all necessary communications and will ensure that all questions and inquiries are fulfilled in a timely manner. The emphasis on project communication continues throughout the project with the weekly construction meetings. Z&K will schedule, coordinate, and conduct weekly construction meetings with City, contractor, designer, and other involved parties. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance and include items such as safety, updated progress of the work, request for information (RFIs), submittals, testing and inspection reports, non-conformance notices, contract issues, procedures, environmental monitoring, change orders (COs), look-ahead schedule for upcoming work, pay requests, and so forth. Unresolved issues will be carried over to the next week’s meeting until a final resolution is obtained. Z&K will prepare and promptly distribute meeting minutes to all attendees. Z&K will host a special meeting focused on the schedule of material procurements to ensure long lead times and no avoid delaying the project’s completion. We will coordinate with City Staff, multiple contractors when applicable, agencies, and Project stakeholders. In addition to weekly progress meetings, we will participate in field meetings and document issues, findings, directions, changes, etc., and develop solutions. Each week, we will create a “Weekly Statement of Working Days,” in addition to other reports, to be submitted to the contractor and filed in our documents until the end of the project. We will review shop drawings and material submittals with the Engineer of Record and determine consistency with the plans and specifications. We will also review RFIs with the Engineer of Record and provide a report. Any design changes will be coordinated with the Engineer of Record. Z&K works proactively to eliminate or reduce project impacts from extra work reports and contract change orders (CCOs). Z&K will provide first-line management of CCO administration including review and evaluation of CCO requests. We will review any potential change order requests, determine merit and provide a report to the Project Manager. Z&K will provide project mitigation such as possible alternatives and negotiation as the City’s advocate. We will ensure we receive written approval from the City’s Project Manager prior to approval of any extra work. Z&K will perform an investigation and inspection of site conditions that differ from those described in the contract documents and provide recommendations to the project Owner on acceptance. We will perform an impact mitigation, review submittals, and present recommendations for resolution of claims, disputes, and verification of costs. The CM will perform on-going review throughout the project to anticipate any problems and avoid any potential claims. If claims arise, the CM will work with the City and Contractor to find the best solution to resolve any claims in a timely manner. We will work closely under the direction of the City with the contractor to verify that change orders are processed and executed promptly by the contract documents and City’s procedures. The Resident Engineer will perform a review and recommendation for any changes. Z&K will participate in public outreach activities and assist the City in forming and maintaining good relations with the local business community regarding construction impacts by providing community outreach and a contact person to manage public relations for the duration of the project. At a minimum, the Z&K team distribute verbal and written notices to local businesses before any construction impacts take place. Z&K will manage and track public inquiries for the Contractor and for the City and will advise of any concerns and findings. This will include the preparation and distribution of information materials for the affected public, including fact sheets and project updates. SCHEDULE AND BUDGET The Z&K Team will maintain a master project schedule to include all completed and scheduled construction work. Z&K will regularly update this schedule to reflect construction progress. The Team will also provide updates to the City on any other pertinent project information affecting the construction schedule. This update will show current conditions and revisions required by actual progress. We will review the revised construction schedule submitted by the Contractor due to delays, time extensions, change orders, additional work, etc. within one week of submittal. Z&K works proactively to eliminate or reduce project impacts from change orders. Z&K will provide first-line management of contract change order request administration including review and evaluation of contract change order request requests; independent estimates; project mitigation such as possible alternatives and negotiation as the City’s advocate; written approval from the City’s Project Manager prior to approval of any extra work; investigation and inspection of site conditions that differ from those described in the contract documents; schedule impact and analysis and verification; recommendations to the project Owner on acceptance; impact mitigation; review of submittals in support, and recommendation for resolution, of claims and disputes; and verification of costs. Page 14 Packet Page. 723 We will prepare change orders within 48 hours in the standard City format as well as in accordance with all applicable Federal and State funding requirements. We will maintain a current monthly accounting of construction costs to complete the project, including approved change orders for City’s review and approval. The monthly progress billing will be tied to the construction schedule. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor. This will be reviewed by the Construction Inspector and discrepancies will be addressed. If necessary, the Contractor will revise and resubmit the schedule of values. This process ensures the Owner is accurately billed for the completed work monthly. Z&K will approve the monthly construction schedule, including activity sequences and durations, schedule of submittals, and schedule of delivery for products with long lead-time. Z&K staff bring a detailed understanding of the City processes for administering Contractor progress payments per the City’s standards & procedures. We will work closely under the direction of the City and with the contractor to verify that the contractor’s payments are processed, provide payment recommendations, and ensure they are executed promptly by the contract documents and City’s procedures. Z&K will reconcile the work done with the pay requests. We will review and coordinate approval of Submittals and shop drawings with the design engineer as needed. Z&K will log, track, and proves submittals, Requests for Information (RFIs), request for Changes (RFCs), Contract Change Orders (CCOs) field directives, Notices of Potential Claim (NOPCs), Non-Conformance Reports (MCRs), and review and approve traffic control plan. We will review all requests for clarification and provide to the Engineer of Record for clarification. Z&K’s CM will be responsible for monitoring the maintenance of the Project Record Drawings and the final preparation of the as- built drawings upon project completion. We will provide the City with the Contractor’s Record Drawings or as-built plans at the Project completion. Z&K will monitor any changes and create redlines on as-built drawings and coordinate the as-built plans with the City and Design Engineer. Z&K Consultants will prepare a final report detailing the work completed, costs, changes, warranties, and documentation provided to the City. We will monitor materials documentation and testing results, as well as enforce corrections. Our Team will review and approve the contractor’s safety program. Z&K will review required construction survey including lines and grades, construction staking, cut sheets, etc. Our resident engineer will service the project and visit the site as needed for the life of the project. Proper information flow is crucial to the success of a project. A construction project generates a large amount of information, which must be distributed to all parties on a timely basis. The source of this information will include contracts, meeting agendas/minutes, drawings and specifications, submittals, requests for information (RFIs), pay requests, invoices, inspection reports, and so forth. Z&K will act as the hub for the management of all information flow. Z&K has extensive experience providing web-based document management solutions for its clients. We will process all Project documentation per the City standard format and maintain the project files per the City’s requirements. During the project, we will provide project construction weekly photos. CONSTRUCTION INSPECTION Our proposed Senior Construction Inspector, Tommy Russell. He has over 27 years of experience and has successfully delivered over 17 park improvement projects, many of which are similarly funded. He has extensive experience with different types of concrete construction, lighting, electrical, irrigation, and landscaping. He is experienced in American with Disabilities Act (ADA) requirements. He has worked on many park projects with similar features including parking lot improvements, basketball courts, landscaping, turf and irrigation system, site furnishings, safety lighting, playground, shade structures, decomposed granite pathways, pickle ball court, futsal court, and other amenities. Our Senior Construction Inspector will coordinate with City staff, including the Police Department, Los Angeles County Fire Department, utility companies, LACFCD, SCE and other project stakeholders and will participate in outreach activities. He will coordinate construction activities inclusive of temporary parking restrictions, temporary traffic control, etc. Z&K proposed staff will complete daily reports, including equipment, crews/personnel, and photos (before, during and after construction). He will provide all documented measurements and calculations to the Resident Engineer to process progress payments, change orders, extra work, etc. He will prepare in-progress punch lists at the completion of each phase of the project. The Inspector will attend all the Project meetings such as the preconstruction, field, and progress meetings. He will ensure the Project construction is in accordance with approved PS&E, City Standards, and Greenbook. Any Inspection for nights and weekend will be performed at the City’s approval per Specifications. We will request City approval for any overtime. He will inspect materials and equipment upon delivery for compliance with construction contract documentation. Each working day, the inspector will meet with the Contractor to review the proposed work plans, including specific details that may affect progress. He will inform the City of any work which may result in a noteworthy impact to the City. The Construction inspector will provide and closely monitor compaction, material and other necessary testing. He will provide and closely monitor any required special inspections. He will maintain copies of all permits needed to construct the Project and enforce special requirements of each. Z&K Inspectors will enforce all of the City’s National Pollutant Discharge Elimination System (NPDES) permits, as well as all water quality best management practices and SWPPP throughout all phases of the project. Z&K understand the importance of managing the Storm Water Pollution Prevention Plan (SWPPP). Our team includes QSD/Ps and inspectors fully knowledgeable regarding storm water BMP implementation and maintenance requirements. Our team is very knowledgeable in the development, implementation, and reporting requirements of a SWPPP. We will review the contractor’s compliance with regulatory permits, mitigation measures, storm water regulations, and the SWPPP. Z&K will notify the Contractor immediately if control measures are not installed correctly and will oversee a prompt correction. We will be available to assist with the document review, uploading the document to the SMARTS system, obtaining a WDID number, and the implementation of the plan. Z&K Inspectors will monitor the Contractor and their subcontractors for safety compliance for meeting local, state, and federal safety requirements. Z&K will review the Contractor’s compliance with workplace safety and health standards and notify the City of non-compliance. The Z&K Team is knowledgeable with the Caltrans Safety Manual and the Cal/OSHA Construction Safety Orders. Z&K will review, monitor, document and enforce contractor safety procedures for compliance with all safety laws and regulations. If any safety violations occur, Z&K will take immediate action to correct the issue and report any incidents to the City. All Z&K staff will observe construction safety, public safety, and convenience. Z&K inspectors will provide photograph and video of pre-work and post-work conditions, in addition to daily as part of their daily reporting during construction. Page 15 Packet Page. 724 CONSTRUCTION QUALITY ASSURANCE Z&K will implement the observation, monitoring, and testing elements of the Construction Quality Assurance Plan in order to verify that the construction and installation of the composite liner is performed in accordance with the plans and specifications. We will participate in bi-weekly meetings with the CM, Inspectors, and other stakeholders, as needed. We will monitor the inspections during soil removals and fil placements, inspections for foundation installation for trash enclosure, ball courts, lighting, etc., and the placement of Geogrid. We will monitor the aggregate base placement and compaction, asphalt placement and compaction, and laboratory testing of on-site and import soils for general grading, aggregate materials for pavement areas and for basins. We will also monitor the liner installation on basins and welding, as needed. UTIITY AND OUTSIDE AGENCY COORDINATION The Z&K Team will provide ongoing coordination with public utilities to resolve any construction questions or conflicts, and to avoid any potential delays or additional costs to the project. Z&K will send notification of the pre-construction meeting and all other progress meetings to all affected utility companies and public agencies, including the Police Department, Los Angeles County Fire Department, Universal Waste System, SCE, and others. Any conflicts with utilities will be reported to the utility company and Z&K will work to coordinate the relocation or removal of the utility. The resolution will be reported to the City. We will review the Project scope of work with each utility company at the pre-construction meet, review possible conflicts and work with each utility to ensure that specific needs of the Project are understood. We will coordinate with utility companies to expedite the identification of any unknown utilities found during construction and coordinate relocation work by utility companies. Our team will ensure that the Contractor is aware of all existing underground utilities by ensuring that Dig Alert tickets are current and up to date prior to excavation. Additionally, we will communicate with utilities early since various of utilities may need to be adjusted by the Owner and require utility coordination. MATERIAL SAMPLING AND TESTING We are proud to Team with Converse Consultants to provide material testing services. We will be responsible for coordinating and supervising the geotechnical and materials testing program to ensure all required testing is performed with the required frequencies and documented properly. Material Testing shall conform to all Greenbook Standards and City Standards. Converse will review and approve ARHM and AC Mix designs where applicable. They will also review and approve PCC mix design and consult with the City for approval of PCC mix for the Project. We will provide all material source inspection, sampling and testing by a qualified materials engineer. We will provide the requested miscellaneous consultation during the Project, including discussion with the contractor to emphasize proper treatment of concrete. We will provide all compaction testes per the plans and specifications. We will review testing, such as soils testing, results and require the Contractor to provide corrective measures to achieve compliance where required. Sampling and testing activities will be conducted in accordance with the contract documents and approved procedures. The Inspector will work with the Contractor to correct any failed tests and achieve compliance. Our team has the ability to effectively make decisions and coordinate with other professionals on field issues related to material testing and inspection. Z&K will develop and provide a comprehensive testing program for the Project in accordance with the contract documents. Our Team will be responsible for supervising and coordinating the materials testing program to ensure all required testing is performed with the required frequencies and documented. LABOR COMPLIANCE Z&K will assist the City in meeting labor compliance requirements, including, but not limited to, ensuring compliance with prevailing wage requirements, auditing certified payroll records and related documentation, and ensuring that all required documentation has been received and work completed. We also will be required to identify potential labor compliance claim issues before they arise and investigate complaints of underpayment. We will conduct on-site investigative activities to resolve worker complaints and other identified prevailing wage violations and will provide monthly reports containing sufficient data to enable evaluation of both progress and problems. Z&K will perform labor compliance reviews in accordance with the Department of Industrial Relations (DIR). Z&K inspectors will conduct weekly field interviews with workers from each labor trade to verify that actual prevailing wages and fringe benefits distributed to workers follow applicable laws and certified payroll reports submitted by the contractor and subcontractors. The Z&K team will request certified payroll reports and receipts of submission of certified payroll to the DIR from the contractor and subcontractors monthly. Z&K will immediately inform the City of any discrepancies or violations discovered during field interviews. PROJECT CLOSEOUT Z&K will conduct a final inspection and walk-through including City staff, Contractor, maintenance/service personnel, project architect/design consultant, and all affected stakeholders. Our Resident Engineer will take a proactive approach at processing close-out documentation by preparing a final punch list of items, which typically include guarantees/warranties, subcontractor liens, retention, and final acceptance/certificates of completion, orderly transfer of key records and documents, resolution of outstanding issues, final payment preparation and processing along with final acceptance or record drawings. We will certify completion of the Project and recommend acceptance. Our Team will finalize contract bid items, claims, change orders, and punch list items. We will prepare final reports, including reports of completion for acceptance of the Project. We will finalize and deliver all construction files to the City for archives. Z&K will provide an electronic copy of all reports and construction files to the City along with an electronic version of all record drawings and files in PDF file format and AutoCAD version. We will address all unresolved issues including, but not limited to, change orders, claims, etc. We will complete documentation required by the City and Funding Agency. Z&K will also prepare required documents by the State Auditor to complete the audits of the project. Page 16 Packet Page. 725 PROJECT SCHEDULE The Contract Documents state that the project will be 260 Working Days and is scheduled to start in January 2024. We understand that the City awarded the Construction of Nicholson Neighborhood Park Improvements to Urban Habitat for the amount of $8,147,197.56. A total of six (6) sealed bids were received on August 31, 2023. The highest bid was $12,055,500.00 and Urban Habitat was awarded the contract as the lowest responsible and responsive bidder with a total base bid amount of $8,147,197.56. We may be able to save working days in construction if we have a contractor that can procure the long lead items promptly. Our preliminary construction schedule yields a time savings along with overhead construction management and construction costs. The most significant saving is less inconvenience to the community and less City exposure due to shortened construction duration. Packet Page. 726 RISK MANAGEMENT LOG Based on a site visit and comprehensive review of the project documents, Z&K has identified the following potential risks and response strategies. ID Risk Description Risk Area Response Strategy 1 Long Lead Procurement Schedule We will consider long lead items, material and equipment availability, special delivery, or construction requirements. Z&K has success on recent projects issuing an Administrative Notice to Proceed for the Contractor to begin on submittals for long lead items and submittals. We will ensure the contractor begins process to order/procure possible long lead items or items that require coordination. Long lead procurement items are to be identified in contractor’s CPM and closely monitored by the Team. The long lead items for this project include electrical equipment, lighting, playground equipment, sunshade structures, plumbing fixtures, etc. 2 Playground Equipment Quality Assurance Z&K has extensive experience inspecting playground equipment. This requires a Certified Playground Safety Inspector (CPSI). Z&K has Certified Playground Safety Inspectors on staff. 3 Filter Fabric Maintenance We recommend replacing the filter fabric at the bottom of irrigation valve boxes with a steel mesh to reduce rodent intrusion. 4 Coast Like Oak Trees Maintenance The three Coast Live Oak trees might get too much water planted in turf with spray irrigation heads, shown on the plans along the east side of the large ballfield. We recommend revisiting the planting and irrigation in this area between the ballfield fence and the walkway. Our team can provide alternative options to the City for review. 5 Berberis & Mahonia Shrubs Maintenance We recommend more durable substitutes to the Berberis and Mahonia shrubs. We have experienced disappointing results with Berberis and Mahonia shrubs in past projects. Our team can provide alternative options to the City for review. 6 Planting/Landscape Constructability Quality Assurance We recommend adding more information about the painting of the steel fencing, gates, and trellises. Our team will coordinate with the City and Contractor to define the details of this item. 7 Planting/Landscape Constructability Maintenance We recommend adding 12" wide concrete strips along the curbs of the parking lot finger planters. This is due to pedestrians tending to step into these planters when they get out of their vehicles. 8 Geotechnical Report Quality Assurance The geotechnical report has detailed requirements that we will ensure that the contractor abides by. Examples are the requirement for the Contractor to provide mitigation for ferrous metals in contact with site soils and the horizontal over exaction 2 feet beyond the building footprints and at least 1 foot horizontal over excavations for pavement. 9 Site Security & Traffic Control Safety & Community Outreach Park security, and perimeter fencing during construction requirements should be considered and made clear. Construction limits, Storage yards, Office Trailers, storage containers shall be adequately shown and defined (needed for both access and construction limits). We will verify traffic control for jobsite ingress and egress during peak traffic times due to adjacent residential areas. Trucking Logistics - traffic control, impacts to Residents, Businesses, Park and visitor operations, traffic and pedestrian control plans and requirements will be considered and addressed. Page 18 Packet Page. 727 ID Risk Description Risk Area Response Strategy 10 Nearby Residents and Commercial Properties Safety & Community Outreach Due to the project’s proximity to existing residences, Z&K will provide a robust community outreach program prior to the start of construction that will inform both the residents in the vicinity of the project and commercial properties in the vicinity of the project the proposed start dates and completion dates of the project. The City and Z&K can coordinate a pre-construction workshop to be held at the park to provide the residents an opportunity to meet the construction management team and provide them with information on construction activities. 11 Project Stakeholder Coordination Community Outreach Coordination with project stakeholders and the utility companies will be very important to maintain the schedule of this project. Emergency services will also need to be kept in the loop for project schedule and activities. Z&K shall facilitate a pre-construction meeting with all stake holders such as Fire, Police, and Public Works to provide work schedules as well as emergency contacts for all staked holders. This meeting will be held onsite. Agencies should include AQMD San Bernardino County, SBMWD, etc. 12 Fire Department Adjacent to Project Safety & Community Outreach The fire department is adjacent to the Nicholson Neighborhood Park. Z&K will coordinate with the existing Fire Department Station to ensure no construction activities impact the emergency operations of the Fire Station. Z&K will also coordinate with the Fire Station for the installation of the new fencing and installation of new barb wire on top of the fence. 13 Fire Department Coordination Safety We will coordinate with the Fire Department Station for the installation of the new fencing and installation of new barb wire on top of the fence. 14 ADA Access Safety Our team will ensure that there is adequate ADA access on the site and to the baseball fields and playground equipment. We will work with the City on this item. 15 Unforeseen Utilities Schedule & Budget We will ensure that the Contractor coordinates with Underground Service Alert and all utilities are marked prior to the start of construction. We will track existing utilities marked by Underground Service Alert to ensure that mark outs are recorded and documented. After mark outs, contractor will be required to pothole. Additionally, contractor shall notify all utility agencies to performing any work. If the contractor hits a utility, they will not be able to claim that the City is liable for the cost of repairs. 16 Change Orders Schedule & Budget Z&K has a proven track record of claims avoidance and change order negotiation. Z&K will closely monitor the work and proactively manage the change order process. We will identify potential change orders early and proactively develop solutions. 17 Public Outreach Community Outreach Notifications for construction activity must go out to surrounding residential areas as well as Government agencies. Public Outreach is crucial for this project and Z&K personnel are trained to work with residents, community members, and City officials. We will have ongoing contact and communication with local residents and business impacted by construction activity. This will include notification prior to the commencement of construction and throughout the entire process. Outreach will not be limited to minimum City requirements but will be a daily ongoing pursuit. It is imperative that our community outreach does not only include property owners, business owners and residents, but also elected officials, management from the City, and all affected agencies. Page 19 Packet Page. 728 APPENDIX A: RESUMES Packet Page. 729 Mr. Faqih has over 32 years of experience providing resident engineering, construction management, construction inspection, project management, and contract administration services, and has provided services for over 26 park improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation, sports fields and courts installation, block wall fencing installation, synthetic turf installation, grading, and ADA compliance ramps. Mr. Faqih has also served projects involving structural and masonry walls, stud wall construction, slab on grade foundation, and concrete construction and general commercial building construction. Mr. Faqih’s experience extends to interfacing and coordinating with the Caltrans-Local Assistance Program, Counties, Cities, and Funding Agencies. Mr. Faqih has is ICC certified and experiences in structural and masonry walls, slab on grade foundation, concrete construction, and general building construction He has excellent skills in understanding construction contracts, review and control project cost and schedule, coordinate and assist in negotiating change orders, ensure timely review of critical path method (CPM) schedule to track any changes in critical path and delays, managing multiple subconsultants and supervise inspection staff. Zack was the Deputy Building Official for the City of Yorba Linda, City of Rialto, and the County of Orange for over 15 years. Relevant Project Experience City of South Gate: Hollydale Community Park Improvements Project | Construction Manager/Resident Engineer: The Project was funded with grant funds from Prop 68, State of California, Natural Resources Agency. The Project improvements include a new community center, new lighting and electrical systems, a new parking lot, concrete improvements, stormwater chambers, ADA compliant ramps, sidewalk, curb and gutter, drainage improvements, new irrigation system and landscaping, site furniture, new playground and exercise equipment, basketball court, CMU block wall, seat walls planters, with brick and stone cap, stacked rock retaining walls, fence, 20’x40’ shade structures, synthetic turf, sand and water play area, splash pads, water pipeline and sewer pipeline installation, construction of a new 1,675 SF community building and other miscellaneous work. City of South Gate: Circle Park Rehabilitation Project | Construction Manager/Resident Engineer: The scope of work to be done consists of the renovation of the existing park, grading, installation of a new playground plaza, Water Play area, picnic shelters and tables, basketball court, Pickle Ball court and a Futsal court, new irrigation system and landscaping with drought tolerant plants, new lighting system, DG walking path, park benches, picnic tables, concrete sidewalk, curb and gutter, curb ramps, AC pavement, and other related items that are required by the Contract Documents. Responsibilities include contract administration, construction management, inspection, utility coordination, labor compliance, public outreach, geotechnical and material testing services, and project close-out. City of Tustin: Veteran Sports Park at Tustin Legacy, Tustin, CA | Construction Manager/Resident Engineer: This project is a $28M sports community park project for the City of Tustin. This project was on a former military base with numerous types of soil contaminants including petroleum products, aviation fuels, explosives and asbestos materials. Both vapor and moisture barriers were utilized for all habitable structures which entailed the lead inspector to be trained in the installation and inspection of Drago Wrap vapor/moisture barrier. Major improvements included exercise and playground Zack Faqih, MSCE, PE, QSD/P, C.B.O. Construction Manager/Resident Engineer EDUCATION » MSCE - Structures Cal State Fullerton 2005 » BSCE - Civil /Transportation Cal State LA 1985 LICENSES & REGISTRATION » Professional Engineer, P.E. State of CA, C57958 » Certified Accessibility Inspector/Plans Examiner » Certified Building Official » Certified Plans Examiner » Certified Mechanical Inspector » Certified Plumbing Inspector » Certified Electrical Inspector » SWPPP (QSD) & (QSP) Certificate # 22055 » OSHA 30 Hour » State Certified HERS Rater » Certified Emergency Inspector » C.G.B.P Certified Green Building Inspector » Certified Special Inspector for Fire Proofing » Certified Special Inspector for Structural Welding » Certified Special Inspector for Structural Steel » Certified Special Inspector for Reinforced Concrete Relevant Key Highlights: § Construction Inspection § Construction Management § Contract Administration § Utility Coordination § Labor Compliance Oversight § Public Outreach § Geotechnical & Materials Testing § Project Close-Out § Staff Augmentation § Project Management § Constructability Reviews § Value Engineering § SWPPP/NPDES Compliance § Utility Coordination § Agency Coordination § CAL-OSHA Safety Compliance § Quality Control/Quality Assurance § Grading and Erosion Control § § Park Projects § Restroom/Storage Buildings § Amphitheaters and Gazebos § Utility Coordination § Basketball and Volleyball Courts § New Parking Lots § Playground Equipment Installation § Lighting and Electrical Systems § Concrete Improvements § Stormwater Chambers § Best Management Practices (BMPs) § Landscaping and Irrigation § Site Furniture Installation § Exercise Equipment Installation § Basketball Court Installation § Seat Walls and Block Wall Fencing § Tree Planting and Turf § ADA Compliant Ramps § Work-out Trails Zack has successfully delivered over 26 park projects serving in a similar capacity. Packet Page. 730 equipment installation, turf, lighting and electrical installations, basketball court and sports field construction, infrastructure improvement, drainage improvements, utility coordination, concrete improvements. The sports park contains a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickleball. The park also includes a passive recreation area, fitness stations, concession/restroom/storage buildings, a large parking lot, slab on grade construction, retaining walls, outlet structures, outdoor seating areas, ADA compliant concrete walkways, ADA compliant parking lot spaces, landscaping, and water features. City of Costa Mesa: Jack Hammett Sports Complex Improvement Project, Costa Mesa, CA | Construction Manager/Resident Engineer: This $3.2M project includes various improvements to the Jack Hammett Sports Complex, a 14.5-acre park with six illuminated utility fields, a restroom building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, ADA compliant ramps, synthetic turf, slab on grade foundation, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings. Mr. Faqih provided contract administration services, conducted all construction related meetings with the contractor, coordinated activities with other consultants, processed RFIs and submittals. Mr. Faqih managed and coordination all aspects of the project, performing pre-construction services, coordinating field meetings and construction progress meetings, reviewing and approving contractor’s construction schedule, reviewing contract change orders, maintaining monthly accounting of construction costs, reviewing and coordinating approval of shop drawings, tracking and processing submittals and requests for information, monitoring materials documentation and testing results, conducting labor compliance and certified payroll review, participating in public outreach activities, providing full time inspection of project activities, ensuring compliance with approved PS&E, city standards, and Greenbook standards, ensuring compliance with the NPDES program and Cal OSHA requirements, coordinating materials testing services and reviewing results, coordinating with utility companies, and coordinating and conducting project closeout activities City of Lake Forest: Arbor Mini Parks and Neighborhood Park Renovations, Lake Forest, CA | Construction Manager/Resident Engineer: This project involves major renovations to numerous parks, including the Arbor Mini Parks which include replacement of playground equipment, installation of new landscaping and irrigation, installation of block wall fencing and decorative iron fencing, installation of exercise equipment, installation of barbeque areas, park lighting, rubber surfacing, and concrete improvements. Mr. Faqih provided construction management, contract administration services, conducted all construction related meetings with the contractor, coordinated activities with other consultants, processed RFIs and submittals. SilverRock Park Venue Site, City of La Quinta – Project Manager/Construction Manager: This Park improvement project 8 acres of walking paths, turf, and landscaping; stage; art walk; and a 3,050-square-foot storage building. Construction work includes precise grading, landscaping and irrigation, utility construction including a grinder pump, stream and lake construction with floating fountain, furnishing and installation of pump for lake, furnishing and installation of lighting, decomposed granite parking lot construction, concrete ADA parking space construction, concrete and decomposed walkways, construction of a stage, outlet structures, retaining walls, construction of an outdoor theater with seating area. Yvonne Burke John Ham Park & Community Center, City of Lynwood – Project Manager/Construction Manager: Providing construction management agency services for this new 36,000 sf park and community center. The project included educational classrooms, multi-purpose rooms, exercise and wellness center, commercial kitchen. The foundation system was a unique mat foundation. This project was designed for a silver LEED rating and is on track for gold attainment. Project progress is being monitored for compliance with special funding under state proposition 84 requirements. Project technical features include concrete walkways, curb ramps, landscaping, irrigation, lighting, community center, restrooms, retaining walls, parking lot, curb and gutter, site fencing, mass and precise grading, and utility installation. City of Lake Forest: Vintage and Sundowner Parks, Lake Forest, CA | Construction Manager/Resident Engineer This project included the construction management and inspection services of two park improvements, Vintage and Sundowner Parks. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. Mr. Faqih managed and coordinated all aspects of the project, performing pre-construction services, coordinating field meetings and construction progress meetings, reviewing and approving contractor’s construction schedule, reviewing contract change orders, maintaining monthly accounting of construction costs, reviewing and coordinating approval of shop drawings, tracking and processing submittals and requests for information, monitoring materials documentation and testing results, conducting labor compliance and certified payroll review, participating in public outreach activities, providing full time inspection of project activities, ensuring compliance with approved PS&E, city standards, and Greenbook standards, ensuring compliance with the NPDES program and Cal OSHA requirements, coordinating materials testing services and reviewing results, coordinating with utility companies, and coordinating and conducting project closeout activities. City of Lake Forest: Borrego Overlook, Regency, and Rancho Serrano Parks, Lake Forest, CA | Construction Manager/Resident Engineer: This project included the construction management and inspection services of three park improvements, Borrego Overlook, Regency, and Rancho Serrano Parks. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. Packet Page. 731 Mr. Russell has over 27 years of experience in construction management, construction inspection, specialty inspection, contracting, project management, and providing quality control and quality assurance of numerous capital improvement projects and federally funded projects. Mr. Russell has provided project coordination, meetings, schedule and budget control, document control, construction inspection, labor compliance, material testing coordination, and utility and outside agency coordination.. Mr. Russell has over 25 years of experience in electrical engineering and has successfully delivered over 17 park improvement projects. Mr. Russell is was a general foreman for an electrical contractor for over 20 years and has extensive experience in electrical inspection and construction inspection and management, specialty inspection, contracting, project management, and providing services on large-scale public works capital improvement projects including SCE coordination, lighting, traffic signal, utility relocation, bridges, interchanges, freeway widenings, grade separations, bridge widenings, on and off-ramps, and street rehabilitations. Relevant Project Experience City of South Gate: Circle Park Rehabilitation Project | Senior Construction Inspector: The scope of work to be done consists of the renovation of the existing park, grading, installation of a new playground plaza, Water Play area, picnic shelters and tables, basketball court, Pickle Ball court and a Futsal court, new irrigation system and landscaping with drought tolerant plants, new lighting system, DG walking path, park benches, picnic tables, concrete sidewalk, curb and gutter, curb ramps, AC pavement, and other related items that are required by the Contract Documents. Responsibilities include contract administration, construction management, inspection, utility coordination, labor compliance, public outreach, geotechnical and material testing services, and project close-out. City of South Gate: Hollydale Community Park Improvements Project | Senior Construction Inspector: The Project was funded with grant funds from Prop 68, State of California, Natural Resources Agency. The Project improvements include a new community center, new lighting and electrical systems, a new parking lot, concrete improvements, stormwater chambers, ADA compliant ramps, sidewalk, curb and gutter, drainage improvements, new irrigation system and landscaping, site furniture, new playground and exercise equipment, basketball court, CMU block wall, seat walls planters, with brick and stone cap, stacked rock retaining walls, fence, 20’x40’ shade structures, synthetic turf, sand and water play area, splash pads, water pipeline and sewer pipeline installation, construction of a new 1,675 SF community building and other miscellaneous work. Mr. Russell provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor. City of Lake Forest: Vintage and Sundowner Parks, Lake Forest, CA | Senior Construction Inspector: This project included the construction management and inspection services of two park improvements, Vintage and Sundowner Parks. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, Thomas Russell Senior Construction Inspector/Regional Supervising Electrical Inspector LICENSES & REGISTRATION » Electrical Training apprenticeship IBEW Local 441 City of Orange, California » Journeyman Electrician, State Certified GPA (3.0) » 30-Hr Cal/OSHA » Fall Protection » Traffic Control Safety » Sexual Harassment Prevention Training » Defensive Driving Training » Caltrans Roadway Safety Training » Bridge Inspector Training » Metro Rail Safety Training Relevant Key Highlights: § Construction Inspection § Construction Management § Contract Administration § Utility Coordination § Labor Compliance Oversight § Public Outreach § Geotechnical & Materials Testing § Project Close-Out § Staff Augmentation § Project Management § Constructability Reviews § Value Engineering § SWPPP/NPDES Compliance § Utility Coordination § Agency Coordination § CAL-OSHA Safety Compliance § Quality Control/Quality Assurance § Grading and Erosion Control § Park Projects § Restroom/Storage Buildings § Amphitheaters and Gazebos § Utility Coordination § Basketball and Volleyball Courts § New Parking Lots § Playground Equipment Installation § Lighting and Electrical Systems § Concrete Improvements § Stormwater Chambers § Best Management Practices (BMPs) § Landscaping and Irrigation § Site Furniture Installation § Exercise Equipment Installation § Basketball Court Installation § Seat Walls and Block Wall Fencing § Tree Planting and Turf § ADA Compliant Ramps § Work-out Trails Tommy has successfully delivered over 25 park projects serving in a similar capacity. Packet Page. 732 installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. Mr. Russell managed and coordinated all aspects of the project, performing pre-construction services, coordinating field meetings and construction progress meetings, reviewing and approving contractor’s construction schedule, reviewing contract change orders, maintaining monthly accounting of construction costs, reviewing and coordinating approval of shop drawings, tracking and processing submittals and requests for information, monitoring materials documentation and testing results, conducting labor compliance and certified payroll review, participating in public outreach activities, providing full time inspection of project activities, ensuring compliance with approved PS&E, city standards, and Greenbook standards, ensuring compliance with the NPDES program and Cal OSHA requirements, coordinating materials testing services and reviewing results, coordinating with utility companies, and coordinating and conducting project closeout activities. City of Lake Forest: Borrego Overlook, Regency, and Rancho Serrano Parks, Lake Forest, CA | Senior Construction Inspector: This project included the construction management and inspection services of three park improvements, Borrego Overlook, Regency, and Rancho Serrano Parks. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. City of Costa Mesa: Jack Hammett Sports Complex Improvement Project, Costa Mesa, CA | Senior Construction Inspector: This $3.2M project includes various improvements to the Jack Hammett Sports Complex, a 14.5-acre park with six illuminated utility fields, a restroom building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, ADA compliant ramps, synthetic turf, slab on grade foundation, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings. Mr. Russell provided contract administration services, conducted all construction related meetings with the contractor, coordinated activities with other consultants, processed RFIs and submittals. Mr. Russell performed pre-construction services, coordinated field meetings and construction progress meetings, reviewing and approving contractor’s construction schedule, reviewing contract change orders, maintaining monthly accounting of construction costs, reviewing and coordinating approval of shop drawings, tracking and processing submittals and requests for information, monitoring materials documentation and testing results, conducting labor compliance and certified payroll review, participating in public outreach activities, providing full time inspection of project activities, ensuring compliance with approved PS&E, city standards, and Greenbook standards, ensuring compliance with the NPDES program and Cal OSHA requirements, coordinating materials testing services and reviewing results, coordinating with utility companies, and coordinating and conducting project closeout activities. Irvine Ranch Historic Park Renovation Project, Orange County, CA | Senior Construction Inspector: The Z&K Team provided Construction Management and Construction Inspection Services for the Irvine Ranch Historic Park Improvement Project for Orange County Parks. Established in the 1860s, the Irvine Ranch Historic Park is a 16.5-acre special use park that is composed of 24 original ranch structures and historically significant buildings. The project’s main objective involved restorations and renovations to numerous buildings in the park, with the main focus being demolition and reconstruction of numerous buildings. Mr. Russell provided oversight of various renovative activities, including reconstruction of architectural woodwork, site and accessibility improvements to multiple buildings in the park, restoration of an original wallpaper mural, façade rehabilitation, restoration of paint and exterior coatings, structural retrofit to multiple buildings in the park, preservation of decorative paintings and murals, as well as improvements to interior fixtures and features, including wood doorframes and wood windows. The Z&K team also performed evaluations of both masonry and wood structural components throughout eight of the park’s historical buildings and provided inspection while several buildings were structurally retrofitted for public access and brought up to current codes for electrical, mechanical, plumbing, and structural standards. Irvine Family Ranch House Reconstruction Project, Orange County, CA | Senior Construction Inspector: The Z&K Team provided Construction Management and Construction Inspection Services for the Irvine Family Ranch House for Orange County Parks. The Irvine Family Ranch House, originally built in 1876, is located in the Irvine Ranch Historic Park in Orange County and was fully reconstructed for public use. The project involved converting the historical building to a public library, now called Katie Wheeler Public Library. The new library was designed and built to replicate the original structure of the Irvine Family Ranch House, using historical photos and the building’s original architecture to complete the reconstruction using modern construction materials. Z&K inspectors coordinated specialty and third-party inspections, provided coordination and consistent communication with the County and the Contractor, documented all findings and evaluation information in daily diaries complete with annotated photos, coordinated and attended the preconstruction and weekly progress meetings with the County and with all other stakeholders involved, and participated in public outreach efforts. Packet Page. 733 Mr. Lamb is a licensed landscape architect that has over 30 years of field and administrative experience in all phases of landscape construction and design. He has extensive park improvement experience as well as roadway and Caltrans landscape inspection experience. He has successfully delivered over 35 park projects. He is licensed and has practiced in Nevada, Arizona, Virginia, and Utah. Mr. Lamb has a keen understanding of the individual climate, character, and construction practices of each region of Southern California and beyond. As a licensed landscape architect, he has provided services to well-known varied companies such as: Lowe’s, Pier I Imports, Bircher Development, Western Realco, Lennar Partners, Alere, Amazon, Starbuck’s, Del Taco, Jaguar/Land Rover, Toyota, New Balance, K-Swiss, Majestic Realty, Hutton Development, Catellus, Mann Biomedical, Best Buy, Expo Design Center, McDonald’s, Rally’s, Lexus, BMW, Keyes Automotive, Springhill Suites, Holiday Inn, Winco Foods, Auto Zone, as well as Caltrans, and the cities of Los Angeles, Buena Park, Upland, Rancho Cucamonga, Santa Fe Springs, and Fullerton. Relevent Project Experience City of Fullerton: Acacia Park Play Area Project, Fullerton, CA | Landscape Architect: Construction Document Preparation –Coordination w/ City Staff to develop Design – Planting, Irrigation, and Hardscape, and Accessibility Design – Prepared Successful Application for California State Grant to Subsidize Playground Surface Material. City of Los Angeles: Harbor Elementary School, Los Angeles, CA | Landscape Architect: Conceptual Landscape and Construction Document Preparation for Upgrades to Paved Play Areas and Landscape – Planting, Irrigation, and Hardscape. City of Lake Forest: Vintage and Sundowner Parks, Lake Forest, CA | Senior Landscape Inspector: This project included the construction management and inspection services of two park improvements, Vintage and Sundowner Parks. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. City of Lake Forest: Borrego Overlook, Regency, and Rancho Serrano Parks, Lake Forest, CA | Senior Landscape Inspector: This project included the construction management and inspection services of three park improvements, Borrego Overlook, Regency, and Rancho Serrano Parks. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. City of Anaheim: Handel Stadium, Anaheim, CA | Landscape Architect: Construction Document Preparation for Western High School’s Handel Stadium Football Field – Planting and Irrigation Plans. City of Northridge: Minimed / Medtronics Biotechnical Facility, Northridge, CA| Landscape Architect: Conceptual and Construction Document Preparation – Planting, Irrigation, and Elaborate Water Features, Hardscape and Accessibility Design of Biotechnical Research and Manufacturing Facility Joint Venture with Cal State Northridge. EDUCATION » Associate of Liberal Arts Degree, Fullerton College, California – 1983 – President’s Honor Roll » Bachelor of Science Degree in Landscape Architecture at Cal Poly Pomona - 1987 LICENSES & REGISTRATION » Licensed Landscape Architect – CA #3098-1989 »LDA Foundation Design Competition, 1985 »California First Runner-up Residential Design Division Volunteer Consultant to “The Tree People”, 1986 – 1987 Cornerstone » Landscape Design Award, 1999 » Commercial Design Division City of Rancho Cucamonga Award of Excellence, 2002 and 2004 »Retail Design Division CHARLES S. LAMB, RLA Senior Landscape Inspector Packet Page. 734 City of Upland: College Park Mixed-Use Project, Upland, CA | Landscape Architect: Master Planning, Conceptual Landscape and Construction Document Preparation – Planting, Irrigation, Accessibility, Fine Grading, Multiple Water Features, and Hardscape, along with Public Park and Streetscape for Large Scale Multi-Family Faculty and Student Residential, Retail and Commercial Mixed-Use Development in Conjunction with City of Upland City of Costa Mesa: Jack Hammett Sports Complex Improvement Project, Costa Mesa, CA | Senior Landscape Inspector: This $3.2M project includes various improvements to the Jack Hammett Sports Complex, a 14.5-acre park with six illuminated utility fields, a restroom building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, ADA compliant ramps, synthetic turf, slab on grade foundation, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings. City of Moreno Valley | SR-60/Nason St. Interchange | Senior Landscape Inspector | Project includes replacement of the SR 60/Nason Street overcrossing structure, widening of Nason Street from Fir Avenue to Elder Avenue, modification of the intersection and traffic signals at the intersections of the eastbound/ westbound ramps and Nason Street, completion of auxiliary lanes, coordination of utility relocations, installation of landscaping, irrigation and hardscape, construction of a soundwall between Elder Avenue and SR-60. City of Riverside | I-215/Van Buren Interchange Improvement | Senior Landscape Inspector | The project included replacing existing realignment of Van Buren Boulevard, new overcrossing bridge over 1-215 freeway, new hook-type ramp, auxiliary lanes added to the mainline and the southbound main lane on I-215, retaining wall, traffic signals, drainage improvements, landscaping, ADA ramps, sidewalks, median barrier, traffic striping and markings. Mr. Lamb was the operation manager for landscape related services provided on this project. Performed Inspection Services for Construction of Rock Blankets, Colored Concrete Decorative Paving at On and Offramps, Colored Concrete “Jet Fighter” Silhouettes, Irrigation System, Planting of Trees, and Application of Hydroseeded Plants. Also Inspected Preservation and Transplantation of Existing Palm Trees at Nearby Air Museum. Worked with CalTrans District 8, County of Riverside, Eastern Municipal Water District, and March Air Base Joint Powers Authority. City of Ontario: 60 Freeway Landscape Improvements, near Archibald | Landscape Architect: Project involved the design, installation, inspection, observation of all landscape related services on this 350’ of freeway landscape north side of 60 Freeway near Archibald. City of Van Nuys: 101 Freeway Landscape, Landscape Architect: Provided Irrigation and Planting Construction Documents on this 600” of freeway slope landscape side of the 101 near Winnetka. City of Rancho Cucamonga | Milliken Avenue Median, Foothill Blvd. to Arrow Route, Landscape Architect: Provided hardscape, irrigation, planting concept plans and construction documents to this 2,600’ of landscaped street median. SR60 Moreno Beach Drive Interchange – Moreno Valley, CA | Landscape Inspector | Performed Inspection Services for Construction of Rock Blankets at On and Offramps and Colored Stamped Concrete on Ranchero Road Median. Also Managed Hydroseed Submittals, Approvals, and Testing. Worked with CalTrans District 8 – Completed 2013 SR60 Nason Street Interchange – Moreno Valley, CA | Landscape Inspector | (2014 Project of the Year Award from the American Public Works Association) Performed Inspection Services for Construction of Rock Blankets at On and Offramps, Over One Acre of Colored Stamped Concrete Decorative Paving, Colored Stamped Concrete on Nason Street Median, Irrigation System, Planting of Trees and Shrubs, and Application of Hydroseeded Plants. Worked with CalTrans District 8 and City of Moreno Valley – Completed 2014 I15 Ranchero Road Interchange – Hesperia, CA | Senior Landscape Inspector: Performed Inspection Services for Construction of Rock Blankets at On and Offramps and Colored Stamped Concrete on Ranchero Road Median. Worked with CalTrans District 8 – Completed 2015 I-15/SR-79 Temecula Parkway Interchange – Temecula, CA | Senior Landscape Inspector: Performing Inspection Services for Construction of Irrigation System, Planting of Trees, Shrubs, and Hydroseed, Concrete Separation Strip, and Rock Blankets at On and Offramps. Working with City of Temecula, CalTrans District 8 – Under Construction 2019 I-15/Limonite Interchange – Temecula, CA | Senior Landscape Inspector: Performing Inspection Services for Construction of Irrigation System, Planting of Trees, Shrubs, and Hydroseed, Concrete Separation Strip, and Rock Blankets at On and Offramps. Working with cities of Jurupa Valley and Eastvale, CalTrans D8. The project scope was to construct railroad grade separation at the BNSF Railroad and Magnolia Avenue at Grade crossing including a new four-lane overhead structure (bridge) over existing BNSF tracks supported by 9 bents and 2 abutments. Substructure comprises of 13’ diameter x 88’-~100’ deep CIDH piles (total 18 CIDH piles @ 2 piles per bent). Both bridge approaches are supported by Retaining Walls/MSE Walls systems on both ends, multiple walls systems for pedestrian and vehicular support. Construction of temporary MSE walls, concrete paving, installation of guard rails, drainage improvements, staging, traffic control procedures, shoring and casing support system to facilitate construction of CIDH piling, stage construction on both approaches. Packet Page. 735 Mr. Dawson has over 28 years of experience in public works and capital improvement projects, and has provided construction management, construction inspection, project management, and contract administration for over 25 community park improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation sports fields and courts installation, and block wall fencing installation. Mr. Dawson has a thorough understanding of Cal-OSHA practices and procedures, ADA and Caltrans ADA requirements, as well as extensive knowledge of Caltrans construction practices. Mr. Dawson has extensive experience in landfill remediation and rehabilitation and methane gas systems rehabilitation. Mr. Dawson has knowledge with both the collection as well as the disposal of methane gas as well as remedial measures to protect habitable structures. He has supervised and inspected the removal and disposal of numerous soil contaminants to approved disposal sites. Additionally, Mr. Dawson is familiar with the Greenbook, Caltrans standard specifications, Caltrans standard plans and has worked on numerous projects within Caltrans ROW. Mr. Dawson has over 28 years of experience in structural and masonry walls, slab on grade foundation, and general building construction. Tom was the Deputy Building Official for the County of Orange for over 12 years. Relevant Project Experience City of La Quinta: SilverRock Park Venue Site, La Quinta, CA | Senior Construction Inspector: This project involved improvements to the 14-acre SilverRock Park Venue site, which includes eight acres of walking paths, synthetic turf, and landscaping, stage, art walk, and a 3,050-square-foot storage building. Construction work includes landscaping and irrigation, furnishing and installation of pump for lake, lighting installation, installation of electrical pull boxes, utility coordination, concrete and decomposed walkways, PCC paving, restroom building, ramp, railing, decorative pavers, drinking fountains and picnic areas, retaining walls, and construction of an outdoor theater with seating area. Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor. City of Lake Forest: Arbor Mini Parks and Neighborhood Park Renovations, Lake Forest, CA | Senior Construction Inspector: This project involves major renovations to numerous parks, including the Arbor Mini Parks, Vintage Park, Sundowner Park, Borrego Overlook Park, Regency Park, and Rancho Serrano Park. Improvements include replacement of playground equipment, installation of new landscaping and irrigation, installation of block wall fencing and decorative iron fencing, installation of exercise equipment, installation of barbeque areas and picnic tables, park lighting, rubber surfacing, and concrete improvements. Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of Thomas Dawson, CBO, ICC Certified Senior Construction Inspector LICENSES & REGISTRATION » International Code Counsel Certifications » Building Plan Examiner » California Commercial Combination Inspector » California Commercial Plumbing Inspector » California Commercial Mechanical Inspector » California Residential Mechanical Inspector » California Residential Electrical Inspector » California Residential Plumbing Inspector » Certified Building Official » CLB License No. 674861 » OSHA 30 Hr. Relevant Key Highlights: § Construction Inspection § Construction Management § Contract Administration § Utility Coordination § Labor Compliance Oversight § Public Outreach § Geotechnical & Materials Testing § Project Close-Out § Staff Augmentation § Project Management § Constructability Reviews § Value Engineering § SWPPP/NPDES Compliance § Utility Coordination § Agency Coordination § CAL-OSHA Safety Compliance § Quality Control/Quality Assurance § Grading and Erosion Control § Park Projects § Restroom/Storage Buildings § Amphitheaters and Gazebos § Utility Coordination § Basketball and Volleyball Courts § New Parking Lots § Playground Equipment Installation § Lighting and Electrical Systems § Concrete Improvements § Stormwater Chambers § Best Management Practices (BMPs) § Landscaping and Irrigation § Site Furniture Installation § Exercise Equipment Installation § Basketball Court Installation § Seat Walls and Block Wall Fencing § Tree Planting and Turf § ADA Compliant Ramps § Work-out Trails Tom has successfully delivered over 25 park projects serving in a similar capacity. Packet Page. 736 progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor. City of Tustin: Veteran Sports Park at Tustin Legacy, Tustin, CA | Senior Construction Inspector: This project is a $28M sports community park project for the City of Tustin. This project was on a former military base with numerous types of soil contaminants including petroleum products, aviation fuels, explosives and asbestos materials. Both vapor and moisture barriers were utilized for all habitable structures which entailed the lead inspector to be trained in the installation and inspection of Drago Wrap vapor/moisture barrier. Major improvements included exercise and playground equipment installation, turf, lighting and electrical installations, basketball court and sports field construction, concession/ restroom/storage buildings, drainage, utility relocation, and concrete improvements. The sports park contains a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, sand volleyball and pickleball. The park also includes fitness stations, skate plaza, and a large parking lot, retaining walls, outlet structures, seating areas, ADA compliant concrete walkways, ADA compliant parking lot spaces, and landscaping. Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor. Bolsa Chica Wetlands Development, Huntington Beach, CA | Lead Inspector: This project was a 800 home development at the Bolsa Chica Wetlands. This required me to have full training for the application and inspection for the methane barrier sprayed material Liquid Boot. Worked closely with the O.C.F.A for inspections and approval for this methane barrier. This project also included the inspection and approval for explosion proof electrical fittings and electrical underground service connections. Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor. City of Costa Mesa: Jack Hammett Sports Complex Improvement Project, Costa Mesa, CA | Senior Construction Inspector: This $3.2M project includes various improvements to the Jack Hammett Sports Complex, a 14.5-acre park with six illuminated utility fields, a restroom building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, ADA compliant ramps, synthetic turf, slab on grade foundation, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings. Mr. Dawson provided full- time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor. Yvonne Burke John Ham Park & Community Center, City of Lynwood – Senior Construction Inspector: Providing construction management agency services for this new 36,000 sf park and community center. The project included educational classrooms, multi-purpose rooms, exercise and wellness center, commercial kitchen. The foundation system was a unique mat foundation. This project was designed for a silver LEED rating and is on track for gold attainment. Project progress is being monitored for compliance with special funding under state proposition 84 requirements. Project technical features include concrete walkways, curb ramps, landscaping, irrigation, lighting, community center, restrooms, retaining walls, parking lot, curb and gutter, site fencing, mass and precise grading, and utility installation. Mr. Dawson provided full- time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor. City of Lake Forest: Borrego Overlook, Regency, and Rancho Serrano Parks, Lake Forest, CA | Senior Construction Inspector: This project included the construction management and inspection services of three park improvements, Borrego Overlook, Regency, and Rancho Serrano Parks. This program includes improvements such as removal of existing hardscape, installation of new landscaping and irrigation, installation of block wall and iron fencing around perimeter of park sites, installation of new playground equipment and park amenities, construction of ADA compliance ramps, erosion control, storm drain construction, construction of concrete walkways and exercise trails, installation of exercise equipment, installation of barbecues, picnic tables, park lighting system and electrical system, installation of drinking fountains, installation of shade structures, rubber surfacing, and concrete loop walkways. Mr. Dawson provided full-time inspection, prepared daily diaries, provided digital images of progress to the City, reviewed compliance with the SWPPP, oversaw materials testing services, participated in public outreach, attended all construction progress meetings, and provided coordination with City and Contractor. Wilshire Blvd 5-Story Commercial/Residential Development, Los Angeles, CA | Project Manager/IOR: This project was a 5 story mixed use commercial / residential development that utilized Liquid Boot for the methane barrier as well as explosive proof fittings for electrical switchgear as well as the electrical service connections. Mr. Dawson worked with L.A.F.D for inspections and approvals of the application of Liquid Boot. Packet Page. 737 Ms. Duhn has extensive experience in providing project management, office engineering, construction management, contract administration, and labor compliance oversight services for public works and capital improvement projects, and has provided services for over 15 community park improvement projects, involving building construction, playground equipment installation, lighting systems, electrical systems, concrete improvements, stormwater chambers, irrigation systems, landscaping, site furniture installation, exercise equipment installation sports fields and courts installation, and block wall fencing installation. These are great testaments of Ms. Duhn’ managerial and oversight project experience. She gained tremendous experience in the design, operations, and maintenance by working closely with various stakeholders. Ms. Duhn has thorough knowledge of submittals, RFIs, and CCO review, project filing, daily reporting, quantity tracking, and project coordination. She is experienced in developing and maintaining project files, processing progress payments, and maintaining various logs, including submittals, RFIs, and correspondences. Relevant Project Experience City of South Gate: Hollydale Community Park Improvements Project | Project Manager/Office Engineer: The Project was funded with grant funds from Prop 68, State of California, Natural Resources Agency. The Project improvements include a new community center, new lighting and electrical systems, a new parking lot, concrete improvements, stormwater chambers, ADA compliant ramps, sidewalk, curb and gutter, drainage improvements, new irrigation system and landscaping, site furniture, new playground and exercise equipment, basketball court, CMU block wall, seat walls planters, with brick and stone cap, stacked rock retaining walls, fence, 20’x40’ shade structures, synthetic turf, sand and water play area, splash pads, water pipeline and sewer pipeline installation, construction of a new 1,675 SF community building and other miscellaneous work. City of Costa Mesa: Jack Hammett Sports Complex Improvement Project, Costa Mesa, CA | Project Manager/Office Engineer: This $3.2M project includes various improvements to the Jack Hammett Sports Complex, a 14.5-acre park with six illuminated utility fields, a restroom building, picnic benches, and on-site parking. The project involves concrete flatwork, electrical runs to the pull boxes for multiple storage buildings, retaining walls, fencing, improvements to lighting, irrigation and landscaping, foundation improvements, construction, and installation of two new storage buildings, and electrical and mechanical work within the buildings. Ms. Duhn coordinated preconstruction and construction meetings, provided engineering support, reviewed RFIs and submittals, reviewed progress payment requests to the City, and provided necessary coordination with other agencies. City of Lake Forest: Arbor Mini Parks and Neighborhood Park Renovations, Lake Forest, CA | Project Manager/Office Engineer: This project involves major renovations to numerous parks, including the Arbor Mini Parks, Vintage Park, Sundowner Park, Borrego Overlook Park, Regency Park, and Rancho Serrano Park. Improvements include replacement of playground equipment, installation of new landscaping and irrigation, installation of block wall fencing and decorative iron fencing, installation of exercise equipment, installation of barbeque areas and picnic tables, park lighting, rubber surfacing, and concrete improvements. Ms. Duhn coordinated preconstruction and construction meetings, provided engineering support, reviewed RFIs and submittals, reviewed progress payment requests to the City, and provided necessary coordination with other agencies. City of San Bernardino: Playground Equipment Replacement for Six Parks, San Bernardino, CA | Project Manager/Office Engineer: This series of playground improvement projects includes play structure replacements for six parks. Improvements included playground equipment removal & installation, and ADA concrete improvements. The project also includes landscaping and irrigation improvements, ADA improvements to parking lots, installation of picnic and barbecue areas, walkways, basketball court, and biking trails. Ms. Duhn scheduled and coordinated the preconstruction and construction meetings, assisted the contractor and City with community outreach and public relations efforts, monitored and reported on the status of the project construction budget, ensured that all prevailing wage requirements were met, reviewed the contractor’s requests for change orders and submitted recommendations to the City. Brittany Duhn, PE, QSD/P Project Manager/Office Engineer EDUCATION » BSCE – Civil Engineering California State Polytechnic University, Pomona LICENSES & REGISTRATION » Professional Engineer, P.E. State of California (#91078) » OSHA 30 Hour Training » QSD & QSP Certification (#27609) Relevant Key Highlights: § Construction Inspection § Construction Management § Contract Administration § Utility Coordination § Labor Compliance Oversight § Public Outreach § Geotechnical & Materials Testing § Project Close-Out § Staff Augmentation § Project Management § Constructability Reviews § Value Engineering § SWPPP/NPDES Compliance § Utility Coordination § Agency Coordination § CAL-OSHA Safety Compliance § Quality Control/Quality Assurance § Park Projects § Amphitheaters and Gazebos § Utility Coordination § Basketball and Volleyball Courts § New Parking Lots § Playground Equipment Installation § Lighting and Electrical Systems § Concrete Improvements § Stormwater Chambers § Best Management Practices (BMPs) § Landscaping and Irrigation § Site Furniture Installation § Exercise Equipment Installation § Basketball Court Installation § Seat Walls and Block Wall Fencing § Tree Planting and Turf § Grading and Erosion Control § ADA Compliant Ramps § Work-out Trails Brittany has successfully delivered over 15 park projects serving in a similar capacity. Packet Page. 738 Ms. Garcia is a highly motivated office engineer with great enthusiasm and eagerness to learn new methods and construction techniques. Ms. Garcia has served in the capacity of Document Control, Labor Compliance Officer, and Office Engineer for numerous capital improvement projects. She is a critical thinker with great attention to detail. She is experienced in setting up and maintaining project files, maintaining Caltrans filing system, certified payroll reporting, processing progress payments, and maintaining various logs, including submittals, RFI’s, correspondence, etc. She is proficient with various computer software including Procore, EADOC, and primavera. Ms. Garcia is an excellent team player, is self-motivated, and has excellent qualities. She has excellent writing & communication skills. Ms. Garcia is a dedicated professional with an abundance of energy and enthusiasm. She is a great presenter and communicator. Relevant Project Experience City of Norco | Riverside County Transportation Department: Hamner Avenue Bridge and Widening Construction Project | Labor Compliance | This project includes widening of Hamner Avenue from four to six lanes and the replacement of the Hamner Avenue bridge, with a state of the art structural, seismic, and hydraulic designed bridge, including six 12ft wide vehicle lanes, 4ft median and shoulders, and a 12ft wide multipurpose trail. Improvements include concrete paving, AC, JCPC, CRCP, drainage improvements, staffing, and traffic control procedures. Ms. Garcia set up and maintained project files, participated in weekly construction progress meetings, reviewed inspectors’ daily reports, conducted spot interviews with employees on the project, ensured that the contractor and subcontractors submitted certified payroll and owner operator listings, and spot-checked payrolls to ensure compliance with David Bacon and state prevailing wage rates. City of San Bernardino: Playground Equipment Replacement for Six Parks, San Bernardino, CA | Labor Compliance Officer: This series of playground improvement projects includes play structure replacements for six parks. Improvements included playground equipment removal & installation, and ADA concrete improvements. The project also includes landscaping and irrigation improvements, ADA improvements to parking lots, installation of picnic and barbecue areas, walkways, basketball court, and biking trails. Mr. Garcia provided labor compliance for the project including verifying certified payroll, employee interviews, verification of Fringe Benefit Statement, DAS 140 & 142, Checklist of Labor Law Requirements, CPRs, Trust Fund Contribution Report and Cancelled Check, Apprenticeship Certification, and Employee Authorization for Payroll Deductions. City of San Bernardino: Seccombe Lake Park and Perris Hills Park, San Bernardino, CA | Labor Compliance Officer: The project includes installation of new playground structures, fencing, new CMU restroom buildings, multi-use trails, sidewalk, curb and gutter, curb ramps, utility construction including water, sewer, storm drain, electrical, and irrigation, drinking fountains, benches, and ADA parking space construction. The project also includes landscaping and irrigation. Mr. Garcia provided labor compliance for the project including verifying certified payroll, employee interviews, verification of Fringe Benefit Statement, DAS 140 & 142, Checklist of Labor Law Requirements, CPRs, Trust Fund Contribution Report and Cancelled Check, Apprenticeship Certification, and Employee Authorization for Payroll Deductions. City of La Quinta: SilverRock Park Venue Site, La Quinta, CA | Labor Compliance Officer: This project involved improvements to the 14-acre SilverRock Park Venue site, which includes eight acres of walking paths, synthetic turf, and landscaping, stage, art walk, and a 3,050-square-foot storage building. Construction work includes landscaping and irrigation, furnishing and installation of pump for lake, lighting installation, installation of electrical pull boxes, utility coordination, concrete and decomposed walkways, PCC paving, restroom building, ramp, railing, decorative pavers, drinking fountains and picnic areas, retaining walls, and construction of an outdoor theater with seating area. Mr. Garcia provided labor compliance for the project including verifying certified payroll, employee interviews, verification of Fringe Benefit Statement, DAS 140 & 142, Checklist of Labor Law Requirements, CPRs, Trust Fund Contribution Report and Cancelled Check, Apprenticeship Certification, and Employee Authorization for Payroll Deductions. AMBER GARCIA Labor Compliance Officer EDUCATION » Bachelor of Business Administration – Long Beach State University LICENSES & REGISTRATION » 30-Hr. Cal OSHA » Defensive Driving Training Relevant Key Highlights: § Office Engineering § Document Control § Labor Compliance § Construction Management § Construction Inspection § Materials Testing Coordination § Contract Administration § Quality Assurance/Quality Control § Agency Coordination § Encroachment Permits § Public Outreach Management § Request for Information Review § Submittal Review § Change Order Review § Value Engineering § Certified Payroll Review § Safety Compliance § SWPPP/NPDES Compliance § Community Workforce Agreement § Project Labor Agreement § Capital Improvement Projects § Park Improvement Projects § Lighting Improvements § Landscaping Improvements § Sewer Improvements § Storm Drainage Improvements § Pipeline Improvement Projects § Street Improvements § Sidewalk Improvements § Traffic Signal Improvements § Private Land Development § Private Residential Developments § Subdivisions § Commercial Shopping Centers § Parks and Facilities Improvements § Underground Utilities § Traffic Control Packet Page. 739 APPENDIX B. SAMPLE DOCUMENTS Packet Page. 740 Page 1 of 4 To: Elias Saikaly, P.E. Project Manager City of South Gate CC: Arturo Cervantes, P.E. Assistant City Manager/ Public Works Director Steve Costley, Director of Parks, and Recreation From: Zack Faqih, PE, Resident Engineer/Construction Manager Z&K Consultants, Inc. Date: November 07, 2022 Subject: Weekly Newsletter # 1 – City of South Gate Hollydale Community Park *Bid Document specifies 205 WD WORK DONE THIS PAST WEEK: • The City’s Project Manager Elias Saikaly P.E. headed an internal preconstruction meeting that included city staff and the Z&K construction management team in preparation for the pre-construction kick off meeting held on October 18th, 2022 • A kickoff meeting was held on October 20th, 2022, attended by City staff, The Z&K construction Management team along with the Contractor, N.R. Development • The contractor’s crew commenced mobilization, demolition and site clearing on November 1st, 2022 • The contractor’s crew-maintained dust control and traffic control as per WATCH manual • The CM is reviewing the contractor’s RFI’s and submittals and mix designs for various materials • There is an anticipated rain event for next week commencing on Monday and extending to Tuesday November 7th and 8th WORK SCHEDULED FOR NEXT WEEK: • The Z&K team will hold future construction progress meetings, will discuss project activities and project progress, to be attended by city staff, the CM team along with the contractor’s representative • Demolition and site clearing operations to continue • The CM team will continue reviewing RFI’s and submittals COMMENTS: • On October 27th, 2022, the city has issued The NTP to commence on November 2nd, 2022 • The contractor is to submit for review and approval the construction baseline schedule Week Ending: November 05, 2022 Notice to Proceed: November 02, 2022 Duration: 212 Working Days* Completion Date: August 29, 2023 Percent Complete: 1.88% City of South Gate Hollydale Community Park Project No. 607-PK Packet Page. 741 Page 2 of 4 • The contractor is to provide a construction field office for the benefit of the inspection staff • The city is considering an 8 feet high block wall on the northerly side of the project site utilizing an existing bid item • The contractor is requesting to provide a no cost management software to be used a document control and data tracing system Packet Page. 742 Page 3 of 4 PROGRESS PHOTOS: Drone photo Depicting field conditions at the park as of Friday November 4th, 2022 Drone photo Depicting field conditions at the park as of Friday November 4th, 2022 Existing Electrical Panel to be deenergized prior to demolition BMPs stored on site prior to commencement of Demolition and site clearing Packet Page. 743 Page 4 of 4 Demolition and site clearing commenced on Tuesday November 1st, 2022 Demolition and site clearing commenced on Tuesday November 1st, 2022 N.R.Development crew mobilized and commenced demolition operation N.R.Development crew mobilized and commenced demolition operation Packet Page. 744 Page 1 of 4 To: Elias Saikaly, P.E. Project Manager City of South Gate CC: Arturo Cervantes, P.E. Assistant City Manager/ Public Works Director Steve Costley, Director of Parks, and Recreation From: Zack Faqih, PE, Resident Engineer/Construction Manager Z&K Consultants, Inc. Date: November 28, 2022 Subject: Weekly Newsletter # 4 – City of South Gate Hollydale Community Park WORK DONE THIS PAST WEEK: • A project site meeting was held on Tuesday, November 22nd, at 11 am, attended by city staff, Elias Saikaly, P.E. Project Manager, Steve Costley, Director of Parks, and Recreation, the construction management team, Zack Faqih and Greg Hunkle, the design team, Luis Pedrosa and Gary Vasquez, N.R. Development, Walt, Jeff, and Narek. Issues discussed were, UPRR right of way delineation, Auto CADD files/survey, the westerly/northerly block walls construction, EDISON poles location/protection , Blocks review /approval • The contractor’s crew continued mobilization, demolition and site clearing • The contractor’s crew-maintained dust control and traffic control as per WATCH manual • The CM team /Designer continue reviewing the contractor’s RFI’s and submittals and mix designs for various materials. • The Construction Management team completed the review of the schedule of values and the construction baseline schedule and reached a documented understanding that the SOV is informational, the method of payments for all bid items shall be as per contract, all lump sum items are to be agreed to on site by contractor/CM staff and reviewed/approved by city staff WORK SCHEDULED FOR NEXT WEEK: • The Z&K team will hold the 5th weekly construction progress meetings, on Thursday December 1st at 9 am via zoom, will discuss project activities and project progress, to be attended by city staff, the CM team along with the contractor’s representative • Demolition and site clearing operations to continue Week Ending: November 05, 2022 Notice to Proceed: November 26, 2022 Duration: 205 Working Days Completion Date: August 29, 2023 Percent Complete: 7% City of South Gate Hollydale Community Park Project No. 607-PK Packet Page. 745 Page 2 of 4 • The CM team will continue reviewing RFI’s and submittals COMMENTS: • On October 27th, 2022, the city has issued The NTP to commence on November 2nd, 2022 • The contractor is to provide a construction field office for the benefit of the inspection staff • The city is considering an 8 feet high block wall on the northerly side of the project site utilizing an existing bid item • The contractor is requesting to provide a no cost management software to be used a document control and data tracing system Packet Page. 746 Page 3 of 4 PROGRESS PHOTOS: Drone photo Depicting field conditions at the park as of Saturday November 26th, 2022 Drone photo Depicting field conditions at the park as of Saturday November 26th, 2022 Demolition and site clearing continued on November 28th, 2022 Demolition and site clearing continued on November 28th, 2022 Packet Page. 747 Page 4 of 4 Demolition and site clearing continued on November 28th, 2022 Demolition and site clearing continued on November 28th, 2022 N.R. Development crew mobilized and continued demolition operation N.R. Development crew mobilized and continued demolition operation Packet Page. 748 Page 1 of 7 SOUTH GATE HOLLYDALE COMMUNITY PARK CITY PROJECT NO. 607-PK WD Day # 121 Inspector: 05-03-2023 Thomas Dawson Day: M T W Th F S X Shift Starts 7:30 Shift Ends 4:00 Inspector’s Daily Report No. 121 Bid Items Weather: Bid Item #48 Entry Gates Bid Item ## 22 Pavers Bid Item ## 24 VCP Sewer 4” Bid Item #62 Shade Structure Bid Item #28 Electrical Bid Item #64 Irrigation Bid Item #41 Movie Screen SUNNY Humidity 41 % A.M. 50 Degrees P.M. 66 Degrees Title Name Number of Hours Equipment NR Development (Prime Contractor) Operator Hector Gutirrez 8 Labor Jose Becerra (Pepe) 8 Labor Roberto Gonzalez 4 4 Labor Salvador Romo (Chava) 4 Labor Jorge Rodriguez (Guyo) 4 4 Labor Alejandro Rodriguez 4 2 2 Labor Martin Alcala 4 2 2 Labor Gilberto Diaz Labor Rodrigo Ramos (Rigo) 2 2 4 Operator Rodrigo Cruz 2 2 4 4 Excavator Cat 328 D 8 Ram 5500 #504621 8 Transit 350 HD 8 Cat CP 34 Skid steer 259 D3 Mini X 303 4 Skip loader 415 8 Ram 2500 #504621 Packet Page. 749 Page 2 of 7 DESCRIPTION OF WORK Met with superintendent Jeff Signor with NR development and discussed activities planned for the day. BID ITEM # 48 DOUBLE SWING GATES 1.) Contractors began with the installation of the wrought iron gate at the South/East of the project. 2.) The gate was installed per submittal and sheet CD.7 detail #2 3.) The contractor provides (1) pad footing 60-inch square with (4) #4 top and bottom. 4.) The contractor provided an 8-inch by 8-inch CMU with (2) #4 vertical bar at the corners also #4 ties at 16 inches on center per pilaster detail LS.1 detail #2. 5.) Gunner concrete on site and provide 1 yard of concrete per submittal and mix design 560-C 3250. BID ITEM # 22 ECO STONE PAVERS 1.) Contractor prepared for the installation of Eco- stone pavers over 18-inch gravel bed per detail on G 1.1 2.) The contractor provided relative compaction at 90% prior the installation Mirfi 14 on the bottom and sides of the open graded base. 3.) The contractor then provides 15-inches of NO. 57 aggregate and 3-inches of NO. 8 aggregate. 4.) Contractor began to screed the #8 rock and compact with the walk behind vibrator this process was completed multiple times. BID ITEM # 24 VCP 4 -INCH SEWER 1.) Contracted provided 4-inch VCP sewer line from building drain at the community building to the street. 2.) The VCP 4-inch sewer line was installed with 5-foot piecies5-foot long with approved no hub couplings. 3.) The VCP 4-inch sewer line was installed at a minimum ¼-inch per foot. 4.) The contractor installed pipe on a firm bed and shaded it with sand. 5.) The contractor provided caution tape 12-inches above the pope that read caution tape below. 6.) Contractor provided native soil and compacted to 90% with walk behind vibrator. 7.) The contractor backfilled prior to providing a 10-fooot head of water to test the sewer system. (The contractor to continue at own risk) BID ITEM # 62 SHADE STRUCTURE 1.) Contractor began to install seat wall L at north end of property per sheet CD.4 detail 2h 2.) Contractor provided a 16-inch wide by 8-inch-deep footing. 3.) Contractor provided (4) #4 bars continuous with #3 ties at 24-inches on center. BID ITEM # 28 ELECTRICAL Packet Page. 750 Page 3 of 7 1.) Contractor continued with the installation of the light pole per sheet E-4.1 Detail 5 and E-1.1 Detail #1 2.) The contractor continues installing 1-inch conduit and providing conductor per branch circuit requirements per sheet E-1.1. BID ITEM # 64 IRRIGATION 1.) The contractor continued the trenching for the rainbird root watering system. 2.) The contractor provided compaction every 1-foot for the remainder of the trench with native soil and compaction was completed with a walk behind vibrator/compactor. BID ITEM # 41 MOVIE SCREEN 1.) The contractor provides (2) pad footing 72-inch square with (4) #4 top and bottom. 2.) The contractor provided (2) #4 vertical bar at the corners also #4 ties at 16 inches on center per pilaster detail LS.1 detail #2. 3.) Gunner concrete on site and provide 1 yard of concrete per submittal and mix design 560-C 3250. Thomas Dawson, Senior Construction Inspector Inspector Signature* Packet Page. 751 Page 4 of 7 PROJECT City of South Gate Hollydale Community Park INSPECTOR Thomas Dawson, Senior Construction Inspector Gunner concrete on site and provide 1 yard of concrete per submittal and mix design 560-C 3250. The contractor provided an 8-inch by 8-inch CMU with (2) #4 vertical bars at the corners also #4 ties at 16 inches o.c. per pilaster detail LS.1 detail #2. Contractor prepared for the installation of Eco- stone pavers over 18-inch gravel bed per detail on G 1.1 Contractor began to screed the pavers and compact with the walk behind vibrator this process was completed multiple times. Packet Page. 752 Page 5 of 7 PROJECT City of South Gate Hollydale Community Park INSPECTOR Thomas Dawson, Senior Construction Inspector Contracted provided 4-inch VCP sewer line from building drain at the community building to the street. The VCP 4-inch sewer line was installed with 5-foot piecies5-foot long with approved no hub couplings. The contractor provided caution tape 12-inches above the pope that read caution tape below. Contractor provided native soil and compacted to 90% with walk behind vibrator. Packet Page. 753 Page 6 of 7 PROJECT City of South Gate Hollydale Community Park INSPECTOR Thomas Dawson, Senior Construction Inspector Contractor began to install seat wall L at north end of property per sheet CD.4 detail 2h Contractor provided (4) #4 bars continuous with #3 ties at 24-inches on center. Contractor continued with the installation of the light pole per sheet E-4.1 Detail 5 and E-1.1 Detail #1 The contractor continues installing 1-inch conduit and providing conductor per branch circuit requirements per sheet E-1.1. Packet Page. 754 Page 7 of 7 PROJECT City of South Gate Hollydale Community Park INSPECTOR Thomas Dawson, Senior Construction Inspector The contractor continued the trenching for the rainbird root watering system. The contractor provides (2) pad footing 72-inch square with (4) #4 top and bottom. Gunner concrete on site and provide 1 yard of concrete per submittal and mix design 560-C 3250. The contractor provided (2) #4 vertical bar at the corners also #4 ties at 16 inches on center per pilaster detail LS.1 detail #2. Packet Page. 755 1 of 1 PROJECT NAME:CONTRACT NO.:2022-84-CC CONTRACTOR:ISSUE DATE:25-Aug-23 WORKING DAYS CHARGED BELOW TO YOUR CONTRACT IS FOR THE WEEK ENDING: CODE A - WORKING DAY B - NON-WORKING DAY BECAUSE OF WEATHER OR WEATHER CONDITIONS. (EXPLAIN) C - NON-WORKING DAY BECAUSE OF RELOCATION AND/OR ALTERNATION OF UTILITIES. (EXPLAIN) D - NON-WORKING DAY BECAUSE OF _____________________________. (EXPLAIN) H - HOLIDAY L - LIQUIDATED DAMAGES W - WEEKEND DATE DAY CODE 8/20/2023 SUN W 8/21/2023 MON B 8/22/2023 TUE A 8/23/2023 WED A 8/24/2023 THU A 8/25/2023 FRI A 8/26/2023 SAT W FIRST WORKING DAY 11/2/22 WORKING DAYS SPECIFIED IN CONTRACT 205 TIME EXTENSION DUE TO EXTRA WORK OR CHANGE ORDER 0 TIME EXTENSION DUE TO NON-WORKING DAYS 36 REQUIRED COMPLETION DATE 10/26/23 WORKING DAYS THIS WEEK 4 WORKING DAYS PREVIOUSLY REPORTED 159 WORKING DAYS TO DATE 163 WORKING DAYS REMAINING TO COMPLETE CONTRACT 42 CALENDAR DAYS LIQUIDATED DAMAGES THIS PERIOD 0 CALENDAR DAYS LIQUIDATED DAMAGES TO DATE 0 ESTIMATED COMPLETION DATE 10/26/23 ISSUED BY: Zack Faqih, P.E. Construction Manager/Resident Engineer NOTE: THE CONTRACTOR IS ALLOWED FIFTEEN (15) CALENDAR DAYS IN WHICH TO DISPUTE, IN WRITING, THE ACCURACY OF THIS STATEMENT. OTHERWISE, THIS STATEMENT SHALL BE CONSIDERED ACCEPTED AS CORRECT BY THE CONTRACTOR. Rainy Day CITY OF SOUTH GATE PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION WEEKLY STATEMENT OF WORKING DAYS # 43 Hollydale Community Park, City Project No. 607-PRK N.R. Development, Inc. August 26, 2023 EXPLANATION Packet Page. 756 APPENDIX C. FORMS Packet Page. 757 GENERAL PRINCIPLES CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSULTANT shall also certify that none of the proposed equipment or services are produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or produced by an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country in accordance with 2 CFR 200.216. In order to ensure objective contractor performance and eliminate unfair competitive advantage, CONSULTANT must certify that they did not assist in the development of draft specifications, requirements, statements of work, or invitations for bids or requests for proposals for the project. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Packet Page. 758 NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, disability, medical condition, sexual orientation, gender identity, or marital status. These actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONSULTANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Packet Page. 759 MBE and WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women- owned business enterprises in the City's procurement process. CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the names of all consultants, advisors and contractors hired for the proposed services and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637). CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women’s business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by: (a) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; (b) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises; (d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women’s business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Packet Page. 760 DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders. CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of a contract. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Packet Page. 761 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Packet Page. 762 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON FOLLOWING PAGE) 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Packet Page. 763 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145). 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Packet Page. 764 NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this document, to the best of his or her knowledge and belief, that: (l)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Packet Page. 765 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1.Type of Federal Action:2.Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year _____ quarter ______ f. loan insurance date of last report ___________ 4.Name and Address of Reporting Entity 5.If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier _____, if known Congressional District, if known: ________ Congressional District, if known: ________ 6.Federal Department/Agency:7.Federal Program Name/Description: CFDA Number, if applicable ___________________ 8.Federal Action Number, if known:9.Award Amount, if known: $ 10.a. Name and Address of Lobby Registrant 10.b. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11.Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: ___________________________________ Print Name: __________________________________ Title: ___________ ____________________________ Telephone No.: __________ Date: Authorized for Local Reproduction Federal Use Only:Standard Form – LLL (Rev. 7-97) Crystal Fraire President (951) 310-7470 1/10/24 N/A Form not applicable Packet Page. 766 INSTRUCTIONS FOR COMPLETING SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state, and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. Packet Page. 767 FEE PROPOSAL January 10, 2024 Azzam Jabsheh, PE, TE, Acting City Engineer 209 North “D”, Public Works Department San Bernardino, CA 92401 Subject: Request for Proposal for Construction Management and Inspection Services for the Nicholson Neighborhood Park Improvements Project Dear Mr. Jabsheh, Z&K Consultants Inc. (Z&K) proudly presents our cost proposal for Construction Management and Inspection Services for the Nicholson Neighborhood Park Improvements Project. Our not-to-exceed total lump sum fee for Construction Management and Inspection Services is $471,876.00. Z&K Consultants based our cost proposal on the scope of work provided in the Request for Proposals. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements. Rates included in our Cost Proposal are fully billable rates. All overhead costs are included. All insurance will be in force at the time of contract execution. Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our proposed team members are recognized as experts in the industry and will provide “turn-key” Construction Management and Inspection services for the City of San Bernardino Nicholson Neighborhood Park Improvements Project. Below is a table with the hourly rate schedule: Z&K Consultants, Inc Hourly Rates: Construction Manager/Resident Engineer ...................................................................................................... $160.00 Senior Construction Inspector ........................................................................................................................ $148.00 Project Manager/Office Engineer ................................................................................................................... $133.00 Labor Compliance Officer ............................................................................................................................... $130.00 Playground Equipment Inspector ................................................................................................................... $138.00 Senior Licensed Landscape Architect ............................................................................................................ $148.00 Civil/Grading Senior Inspector ........................................................................................................................ $145.00 Regional Supervising Electrical Inspector ...................................................................................................... $145.00 Licensed Surveyor .......................................................................................................................................... $155.00 Regional Supervising Inspector ...................................................................................................................... $148.00 Material Testing Services (Converse Consultants) ....................................................................................... Attached I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City of San Bernardino and are committed to the successful completion the City’s important project. Sincerely, Crystal Fraire, PE, QSD/P |President, Z&K Consultants Inc. 17130 Van Buren Blvd. #122 | Riverside, CA 92504 951.310.7470 | cfraire@zandkconsultants.com Packet Page. 768 NOT-TO-EXCEED FEE SCHEDULE The fee proposal shall be based on a not-to-exceed fee for a construction period of 260 Calendar Days. The Senior Construction Inspector shall be provided for the entire 260 calendar day period. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership roles and supervisory management positions in many local agencies including the private and public sectors. All can multi-task, are multi-disciplined, and have a full understanding of all aspects of the proposed project requirements. The above breakdown of assumed project effort is an estimate. Actual hours for each subtask are subject to change depending on the project needs and the City’s direction. Packet Page. 769 Nicholson Park 300 ft N➤➤N Image © 2023 A irbus Image © 2023 A irbus Image © 2023 A irbus Packet Page. 770 1 6 5 4 CONSENT City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A Montoya, City Manager; Lynn Merrill, Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Approval of Design Services Agreement for the Roosevelt Bowl Rehabilitation Improvements (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a Design Services Agreement with Dunbar Architecture in the amount of $394,320 for Roosevelt Bowls Rehabilitation Improvements (Project); and 2. Authorize the project design cost and contingency cost for unforeseen conditions costs for a potential agreement in the total amount of $39,432. 3. Authorize the City Manager or designee to execute all documents with Dunbar Architecture; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Executive Summary Awarding the Agreement for design of the Roosevelt Bowl Rehabilitation Improvements Project would allow the design of improved amenities that will enhance its attractiveness. The Agreement would allow the City to issue Dunbar Architecture a Notice to Proceed, initiating the process to design the improvements. The agreement will include Dunbar Architecture’s design fee of $394,320. Additional funds are recommended for design contingencies in the amount of $39,432. The total cost of design and design contingencies is $433,752. Background Packet Page. 771 1 6 5 4 The Roosevelt Bowl is an 1,800-seat outdoor amphitheater that provides a natural and historical setting for a variety of events. The Bowl was built in 1934 and is surrounded by elegant oaks that provides shaded outdoor seating and has been the home for Junior University Productions for over 20 years. The bowl has undergone several improvements since its opening. In 1981, the old wooden-backed benches were replaced with aluminum seating, and in 1982 a new concrete stage was constructed to replace the original wood stage. In 1983, restrooms and a concession building were added just outside the bowl. The priority building improvements for the concert venue encompass various facets, beginning with a comprehensive renovation plan focusing on adapting changing rooms for performers to meet their specific needs. Prioritizing enhancements aims to foster increased community engagement across a diverse range of events and activities within this revitalized facility. This includes assessing the condition of the concession area and executing renovations to enhance functionality, aesthetics, and compliance with safety standards. Additionally, upgrades are slated for electrical systems, interior and exterior lighting, and the bathrooms, ensuring compliance with codes and standards while also focusing on accessibility and sustainability. Other vital upgrades involve security systems, fire protection, door replacements, and provisions for storage spaces. Lighting enhancements constitute a significant area of focus, involving a thorough assessment and subsequent implementation of improvements for better visibility, security, and energy efficiency. Outdoor upgrades include various elements such as replacing benches, addressing safety concerns, preserving historical plaques, and exploring possibilities like designated photo areas and water fountains. Safety and compliance with accessibility standards, ADA upgrades, roofing inspections, picnic area improvements, deferred maintenance resolution, inspection of pergola structures. Community engagement initiatives are all critical components within this extensive revitalization plan for the concert venue. Efforts to involve the community through feedback sessions and public forums highlights the commitment to ensuring the proposed changes align with the community's desires and needs. This project's funding is sourced from $600,000 Measure S and $ 600,000 City ARPA. Agreement documents for an additional 1.4 million contributed through the office of Pete Aguilar are currently under review by the U.S. Department of Housing and Urban Development (HUD). Ensuring the prompt design and construction of this project is of utmost importance, especially considering the crucial deadlines associated with ARPA funds. Discussion Packet Page. 772 1 6 5 4 In April of 2022, the City submitted a staff driven funding request to the FY2022/2023 Community Project Funding (CPF) program through the office of Representative Pete Aguilar. The federally funded grant was approved, and 1.4 Million dollars were allocated for the Roosevelt Bowl Rehabilitation, that in addition to ARPA funds secured by staff in the amount of $600,000 coupled with Measure S funds in the amount of $600,000 provide with sufficient funds for the design and construction of the most significant rehabilitation elements. This project aims to rehabilitate the Roosevelt Bowl many items as can be accomplished with the current project budget, including perimeter area. As such the consultant will provide advice and assistance to City in determining the feasibility of the various Project components, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters. City staff provided the consultants a list of priority one (1) and priority two (2) of project improvements, to assist staff in the determining which improvements can be completed and provide a comprehensive construction document package to be advertised and that fits the current budget and a construction package that can be advertised later when other funds are secured. Staff solicited Requests for Proposals (RFP) for professional consulting services for Design and Bid Support Services on October 26, 2023, on City web page and www.planetbids.com On November 22, 2023, the City received three proposals. The proposals were evaluated by a staff evaluation team based on qualifications of the firm, project related experiences and performance as well as firm profile, personnel/staffing plan. Project references, understanding of the assignments, work plan, demonstrated technical ability, and the firm’s potential to accomplish the project goals within budget as described in the RFP was also evaluated. Consultant firm was selected within the guidelines of the State of California Government Code and the City’s Purchasing Ordinance. Below is the final ranking of the firms: Therefore, Staff recommends that City Council approve a Professional Services Agreement in the amount of $394,320 Dunbar Architecture., Valley Village, CA for Design and Bid Support Services for Project No. PR-012 Roosevelt Bowl Rehabilitation Project. Staff also recommends that City Council approve a design contingency of $39,432, for a total agreement amount not-to-exceed amount of $433,752. RANK CONSULTANT FIRM'S LOCATION 1 Dunbar Architecture Valley Village 2 Shepphird Associates Calabasas 3 John Sergio Fisher & Associates Los Angeles Packet Page. 773 1 6 5 4 2021-2025 Strategic Targets and Goals This project is consistent with Key Strategic Target and Goal No. 2: Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan and Build a culture that attracts, retains, and motivates the highest quality talent and Goal No.3C Improved Quality of Life. - Constantly evaluate public safety service delivery models to enhance the quality of service. This DSA will create a thriving city possessing a sustainable system of high-quality education, community health, public safety, housing, retail, recreation, arts and culture and infrastructure and create a broad range of choices for its residents in how they live, work, and play. Fiscal Impact There is no General Fund impact associated with this action. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a Design Services Agreement with Dunbar Architecture in the amount of $394,320 for Roosevelt Bowls Rehabilitation Improvements (Project); and 2. Authorize the project design cost and contingency cost for unforeseen conditions costs for a potential agreement in the total amount of $39,432. 3. Authorize the City Manager or designee to execute all documents with Dunbar Architecture; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Design Services Agreement, Dunbar Architecture Attachment 2 Proposal, Dunbar Architecture Attachment 3 Location Map Ward: Second Ward Synopsis of Previous Council Actions: February 2, 2022, Assignment of American Rescue Plan Funds (All Wards). Packet Page. 774 1 CITY OF SAN BERNARDINO DESIGN SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into as February 21, 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, California 92401 (“City”), and Dunbar Architecture, a Sole Proprietorship with its principal place of business at 12314 La Maida Street Valley Village, CA 91607 (hereinafter referred to as “Designer”). City and Designer are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Designer. Designer desires to perform and assume responsibility for the provision of certain professional design services required by the City on the terms and conditions set forth in this Agreement. Designer warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Designer is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Designer itself, shall be fully licensed to practice as an architect and/or engineer in the State of California. 2.3 Project. City desires to engage Designer to render such services for the Roosevelt Bowl Rehabilitation ("Project") as set forth in this Agreement. 3. TERMS 3.1 Employment of Designer. 3.1.1 Scope of Services. Designer promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Designer shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. Additionally, Designer shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”] 3.1.2 Term. The term of this Agreement shall be from February 21, 2024, to February 21, 2026 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. Packet Page. 775 2 3.2 Project Designer; Key Personnel. 3.2.1 Project Designer. Designer shall name a specific individual to act as Project Designer, subject to the approval of City. Designer hereby designates Jen Dunbar (California Architecture Board License No. C34853) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Designer for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Designer cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause. 3.2.2 Key Personnel. In addition to the Project Designer, Designer has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Designer may substitute others of at least equal competence upon written approval of the City. In the event that City and Designer cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Designer at the request of the City. The key additional personnel, engineers and consultants for performance of this Agreement are as follows: 3.3 Hiring of Consultants and Personnel. 3.3.1 Right to Hire or Employ. Designer shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Designer may delegate without relieving Designer from administrative or other responsibility under this Agreement. Designer shall be responsible for the coordination and cooperation of Designer’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Designer shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion. 3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Designer in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law. 3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Designer shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved Packet Page. 776 3 by the City in writing. Unless changes are approved in writing by the City, Designer’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.3.4 Assignments or Staff Changes. Designer shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Designer’s consultants and key personnel shall be subject to approval by City. 3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Designer at Designer’s sole expense. 3.4 Standard of Care. 3.4.1 Standard of Care. Designer shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Designer shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Designer represents and maintains that it is skilled in the professional calling necessary to perform the Services. Designer warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Designer represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them 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, Designer 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 Designer’s failure to comply with the standard of care provided for herein. 3.4.2 Performance of Employees. Any employee or consultant 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 or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Designer and shall not be re-employed to perform any of the Services or to work on the Project. 3.5 Laws and Regulations. 3.5.1 Knowledge and Compliance. Designer shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Designer by law. Designer shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Designer performs any work knowing it to be contrary to such laws, rules and regulations, Designer shall be solely responsible for all costs arising therefrom. Designer shall defend, indemnify and hold City, its officials, officers, employees and agents free Packet Page. 777 4 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. 3.5.2 Drawings and Specifications. Designer shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Designer. Designer shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Designer shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Designer and City. 3.5.3 Americans with Disabilities Act. Designer will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Designer shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Designer brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Designer’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Designer, and the Designer shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Designer request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Designer shall be responsible to the City only pursuant to the indemnification provisions of this Agreement. 3.5.4 Permits, Approvals and Authorizations. Designer shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Designer shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City. 3.5.5 Water Quality Management and Compliance. (a) Compliance with Water Quality Laws, Ordinances and Regulations. Designer shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Designer shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Packet Page. 778 5 (b) Standard of Care. Designer warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Designer further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services. (c) Liability for Non-compliance. (i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Designer agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Designer’s failure to comply with any applicable water quality law, regulation, or policy. Designer hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (iii) Damages: City may seek damages from Designer for delay in completing the Services caused by Designer’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy. 3.5.6 Air Quality. (a) Compliance with Air Quality Laws, Ordinances, and Regulations. 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. 3.6 Independent Contractor. 3.6.1 Control and Payment of Subordinates. City retains Designer on an independent contractor basis and Designer is not an employee of City. Designer is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Designer shall also not be employees of City, and shall at all times be Packet Page. 779 6 under Designer’s exclusive direction and control. Designer 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. Designer 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. 3.7 Schedule of Services. 3.7.1 Designer Services. Designer shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference. 3.7.2 Timely Performance Standard. Designer shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein. Specifically, Designer shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Designer agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times. 3.7.3 Performance Schedule. Designer shall prepare an estimated time schedule for the performance of Designer’s Services, to be adjusted as the Project proceeds. Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Designer cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Designer without the prior written approval of City. If the Designer’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Designer will be responsible pursuant to the indemnification provision of this Agreement. 3.7.4 Excusable Delays. Any delays in Designer’s work caused by the following shall be added to the time for completion of any obligations of Designer: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Designer; and (5) Force Majeure Event . Neither the City nor the Designer shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Designer’s sole and exclusive remedy for such delays and the Designer will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such Packet Page. 780 7 strikes and other organized labor action are beyond the control of Designer and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 3.7.5 Request for Excusable Delay Credit. The Designer shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Designer for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Designer make an application for an extension of time, Designer shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time. 3.8 Additional Designer Services. 3.8.1 Request for Services. At City’s request, Designer may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice. 3.8.2 Definition. As used herein, “Additional Services” mean: (1) 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 for the Designer to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Designer shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Designer as to the compensation to be paid for such services. City shall pay Designer for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Designer pursuant to the indemnification provision of this Agreement. 3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Designer was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to: (a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. Packet Page. 781 8 (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents. (c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Designer to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Designer. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Designer is not a party. (f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Designer's services for the Project. 3.9 City Responsibilities. City’s responsibilities shall include the following: 3.9.1 Data and Information. City shall make available to Designer all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Designer with a preliminary construction budget (“City’s Preliminary Construction Budget”). 3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Designer, City shall furnish Designer with, or direct Designer to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information. 3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project. 3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications. 3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations. Packet Page. 782 9 3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project. 3.9.7 City’s Representative. The City hereby designates the Director of Public Works, 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 Contract. Representative hereby designates the City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.9.8 Review and Approved Documents. Review all documents submitted by Designer, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Designer of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above. 3.10 Compensation. 3.10.1 Designer’s Compensation for Basic Services. City shall pay to Designer, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Four Hundred Thirty-Three Thousand Seven Hundred Fifty-Two Dollars ($433,752) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement. 3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Designer perform Additional Services. As used herein, Additional Services 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. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Designer shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3. 3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Designer shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Designer in the interest of the Project. Designer shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing Packet Page. 783 10 approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000. 3.10.4 Payment to Designer. Designer’s compensation and reimbursable expenses shall be paid by City to Designer no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Designer shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid at the address listed in Section 3.29. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Designer shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner. Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Designer shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services 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 thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner. Upon cancellation or termination of this Agreement, Designer shall be compensated as set forth in the termination provision herein. 3.10.5 Withholding Payment to Designer. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Designer is liable under the Agreement or state law. Payments to the Designer for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Designer shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Designer’s reasonable control. 3.10.6 Prevailing Wages. Designer 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 Packet Page. 784 11 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, Designer agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Designer with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Designer 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 the Designer’s principal place of business and at the Project site. Designer 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 of the Designer or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Designer and all subconsultants 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. 3.10.7 Registration. 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 Designer and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Designer shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. 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. 3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Designer’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Designer or any subcontractor that affect Designer’s performance of Services, including any delay, shall be Designer’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Designer caused delay and shall not be compensable by the City. Designer 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 Designer or any subcontractor. 3.11 Notice to Proceed. Designer shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed. 3.12 Termination, Suspension and Abandonment. 3.12.1 Grounds for Termination; Designer’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or Packet Page. 785 12 without cause. Designer shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Designer shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Designer. Designer hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Designer may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Designer as provided in this Agreement. 3.12.2 City’s Suspension of Work. If Designer’s Services are suspended by City, City may require Designer to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Designer. 3.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Designer shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Designer’s Services under this Agreement. Upon payment of the amount required to be paid to Designer pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Designer under this Agreement. Designer shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense. 3.12.4 Employment of other Designers. 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. 3.13 Ownership and Use of Documents; Confidentiality. 3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Designer or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Designer shall provide to City copies of all Project Documents required by City. In addition, Designer shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Designer shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. Packet Page. 786 13 3.13.2 Right to Use. Designer grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Designer, for the following purposes: (a) The construction of all or part of this Project. (b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time; (c) The construction of another project by or on behalf of the City for its ownership and use; City is not bound by this Agreement to employ the services of Designer in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Designer or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Designer. Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Designer shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Designer’s seal from the Project Documents and hold harmless Designer and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project. 3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Designer shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement. 3.13.4 Right to License. Designer represents and warrants that Designer has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Designer prepares or causes to be prepared pursuant to this Agreement. Designer shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Designer makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Designer and provided to Designer by City. 3.13.5 Confidentiality. All Project Documents, either created by or provided to Designer in connection with the performance of this Agreement, shall be held confidential by Designer to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Designer for any purposes other than the performance of the Services. Designer shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Designer which is otherwise known to Designer or is generally known, or has become known, to the related industry shall be deemed confidential. Designer shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any Packet Page. 787 14 magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City. 3.14 Indemnification. 3.14.1 To the fullest extent permitted by law, Designer shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Designer, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Designer’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Designer's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Designer, the City, its officials, officers, employees, agents, or volunteers. 3.14.2 If Designer’s obligation to defend, indemnify, and/or hold harmless arises out of Designer’s performance of “design professional” services (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, Designer’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Designer, and, upon Designer obtaining a final adjudication by a court of competent jurisdiction, Designer’s liability for such claim, including the cost to defend, shall not exceed the Designer’s proportionate percentage of fault. 3.15 Insurance. Designer 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, Designer shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. 3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Designer shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Designer agrees to amend, supplement or endorse the policies to do so. 3.15.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Designer’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.15.3 Commercial General Liability (a) The Designer 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. Packet Page. 788 15 (b) 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. 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 (c) 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. (d) The policy shall give City, the City Council and each member of the City Council, its 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. (e) 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. 3.15.4 Automobile Liability (a) At all times during the performance of the work under this Agreement, the Designer 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. (b) 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). (c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status. Packet Page. 789 16 (d) 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. 3.15.5 Workers’ Compensation/Employer’s Liability (a) Designer 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. (b) To the extent Designer has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Designer 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. Designer 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. 3.15.6 Professional Liability (Errors and Omissions) (a) At all times during the performance of the work under this Agreement the Designer 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 Designer. “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. 3.15.7 Privacy/Network Security (Cyber (a) 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. 3.15.8 Aviation and/or Drone Liability [***REMOVE SECTION IF NOT APPLICABLE***] (a) At all times during the performance of the work under this Agreement, the Designer 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. 3.15.9 Minimum Policy Limits Required (a) The following insurance limits are required for the Agreement: Packet Page. 790 17 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 $1,000,000 per occurrence limit [***REMOVE IF NOT APPLICABLE***] (b) Defense costs shall be payable in addition to the limits. (c) 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. 3.15.10 Evidence Required (a) Prior to execution of the Agreement, the Designer 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. 3.15.11 Policy Provisions Required (a) Designer shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Designer shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non- payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Designer 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. (b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Designer’s policy is primary insurance and that any Packet Page. 791 18 insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Designer shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Designer 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. (d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Designer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Designer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) 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 Designer from liability in excess of such coverage, nor shall it limit the Designer’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. 3.15.12 Qualifying Insurers (a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: 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. 3.15.13 Additional Insurance Provisions (a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Designer, 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 Designer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (b) 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 Designer or City will withhold amounts sufficient to pay premium from Designer payments. In the alternative, City may cancel this Agreement. (c) The City may require the Designer to provide complete copies of all insurance policies in effect for the duration of the Project. Packet Page. 792 19 (d) 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. 3.15.14 Subconsultant Insurance Requirements (a) Designer 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 Designer, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 3.16 Records. Designer shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Designer 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. Designer shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. 3.17 Standardized Manufactured Items. Designer shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design. 3.18 Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for design services between City and the designer chosen therefor by City. 3.19 Mediation. Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties. 3.20 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, Designer shall not assign or transfer by operation of law or otherwise any or all of its rights, Packet Page. 793 20 burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 3.21 Asbestos Certification. Designer shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Designer prepares for the Project. Designer shall require all consultants who prepare any other documents for the Project to submit the same written certification. Designer shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included. 3.22 No Third Party Rights. This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein. 3.23 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County. 3.24 Exhibits and Recitals. All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth. 3.25 Severability. Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 3.26 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.27 Safety. Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer 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 its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed. Packet Page. 794 21 3.28 Harassment Policy. Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request. 3.29 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, California 92401 Attn: City Manager With a Copy to: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney DESIGNER: Dunbar Architecture 12314 La Maida St Valley Village, CA 91607 Attn: Jennifer Dunbar 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. 3.30 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.31 City’s Right to Employ Other Consultants. City reserves right to employ other consultants, including designers, in connection with this Project or other projects. 3.32 Prohibited Interests. Packet Page. 795 22 3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer 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 Designer, 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. 3.32.2 Conflict of Interest. For the term of this Agreement, no director, 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. 3.33 Equal Opportunity Employment. Designer 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 any other classification protected by federal or state law. 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. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.34 Labor Certification. By its signature hereunder, Designer 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 Worker’s 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. 3.35 Subcontracting. As specified in this Agreement, Designer shall not subcontract any portion of the Services 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 each and every provision of this Agreement. 3.36 Supplemental Conditions. Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference. 3.37 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. 3.38 Entire Agreement. Packet Page. 796 23 This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. 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. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE] Packet Page. 797 24 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DUNBAR ARCHITECTURE 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 City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney Signature Name Title Packet Page. 798 Exhibit A-1 EXHIBIT A DESIGNER’S SCOPE OF SERVICES 1. GENERAL REQUIREMENTS. 1.1 Basic Services. Designer agrees to perform all the necessary professional design, engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) and construction administration services for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein. 1.2 Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: N/A 1.3 Additional Services. Designer shall perform the following Additional Services for the Project: N/A 1.4 Communication with City. Designer shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and construction of the Project and the contractor’s warranty period. Designer shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any construction manager hired by the City. 1.5 Coordination and Cooperation with Construction Manager. The City may hire a construction manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the construction manager so that the Designer will be fully aware of the duties and responsibilities of the construction manager. The Designer shall cooperate with the construction manager and respond to any requests or directives authorized by the City to be made or given by the construction manager. The Designer shall request clarification from the City in writing if the Designer should have any questions regarding the authority of the construction manager. 2. INITIAL PLANNING PHASE. During the initial planning phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 2.1 Project Feasibility. Provide advice and assistance to City in determining the feasibility of the Project, analysis of the type and quality of materials and construction to be selected, the site location, and other initial planning matters. 2.2 Meeting Budget and Project Goals. Designer shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project budget and time line, including the City’s Preliminary Construction Budget. Designer shall use its best judgment in determining the balance between the size, type and quality Packet Page. 799 Exhibit A-2 of construction to achieve a satisfactory solution within the Project’s budget and construction allowance. It shall be the duty of the Designer to design the Project within budget. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by the stated amount, Designer may be required to make the necessary changes in the drawing and specifications, at its sole cost and expense, to bring the bids within the required budget. 2.3 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Designer shall assist City in securing easements, encroachment permits, rights of way, dedications, infrastructures and road improvements, as well as coordinating with utilities and adjacent property owners. 3. SCHEMATIC PLAN PHASE. During the schematic plan phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 3.1 Funding Documents. Designer shall provide a site plan and all other Project- related information necessary and required for an application by City to any federal, state, regional, or local agencies for funds to finance the construction Project. 3.2 Schematic Plans. In cooperation with City, Designer shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Designer shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall meet all laws, rules and regulations of the State of California. The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction. 3.3 Preliminary Project Budget. Designer shall use the City’s Preliminary Construction Budget and its own expertise and experience with the Project to establish a preliminary project budget or allowance in a format required by City (“Designer’s Preliminary Project Budget”). The purpose of the Designer’s Preliminary Project Budget is to show the probable Project cost in relation to City’s Preliminary Construction Budget and the construction standards of any applicable funding agency. If Designer perceives site considerations which render the Project expensive or cost prohibitive, Designer shall disclose such conditions in writing to City immediately. As discussed herein, including in Section 7.3, if the lowest responsive and responsible bid for the Project exceeds the budget by more than the stated amount, Designer may be required to make the necessary changes in the drawings and specifications, at its sole cost and expense, to bring the bids within the required budget Designer shall provide a preliminary written time schedule for the performance of all construction work on the Project. 3.4 Copies of Schematic Plans and Other Documents. Designer, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. Packet Page. 800 Exhibit A-3 4. DESIGN DEVELOPMENT PHASE. During the design development phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 4.1 Design Development Documents. Once City provides Designer with specific written approval of the Schematic Plans described herein, Designer shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”). The Design Development Documents shall be prepared in sufficient form to present to the City Council for approval. 4.2 Copies of Design Development and Other Documents. Designer, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 4.3 Updated Project Budget. Designer shall use its Preliminary Project Budget and expertise and experience with the Project to establish an updated estimate of probable construction costs, containing detail consistent with the Design Development Documents as set forth herein and containing a breakdown based on types of materials and specifications identified herein (“Designer’s Updated Project Budget”). 4.4 Timetable. Designer shall provide a written timetable for full and adequate completion of the Project to City. 4.5 Application for Approvals. Designer shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Project. Designer shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required. 4.6 Color and Other Aesthetic Issues. Designer shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project. 5. FINAL WORKING DRAWINGS AND SPECIFICATIONS. During the final working drawings and specifications phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 5.1 Final Working Drawings and Specifications. Once City provides Designer with specific written approval of the Design Development Documents described herein, Designer shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following: Packet Page. 801 Exhibit A-4 (1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. As indicated in Section 3.9.2 of the Agreement, City may be requested to supply Designer with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as- built drawings”) in City’s possession. Designer will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Designer which may not be shown on the as-built drawings. 5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Designer and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards. The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Designer. 5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Designer, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. Designer shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Designer, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications. However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent designer or other consultant to perform such reviews. Any such independent constructability review shall be at City’s expense. Designer shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Designer’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Designer shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement. 5.4 Costs of Construction. It is understood by Designer that should the Final Working Drawings and Specifications be ordered by City, City shall specify the sum of money set aside to cover the total cost of construction of the work, exclusive of Designer’s fees. Should it become evident that the total construction cost will exceed the specified sum, Designer shall at once present a statement in writing to the City’s Representative setting forth this fact and giving a full statement of the cost estimates on which the conclusion is based. 5.5 Copies of Final Working Drawings and Specifications and Other Documents. Designer, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Designer shall provide such documents as may be required by any federal, state, regional or local Packet Page. 802 Exhibit A-5 agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City. 6. CONSTRUCTION CONTRACT DOCUMENTS. During the construction contract documents phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 6.1 Bid and Contract Documents. If so required by City, Designer shall assist City in the completion of all bid and construction documents, including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Contract Bid Forms (including Alternate Bids as requested by City), Contract, General Conditions, Supplementary General Conditions, Special Conditions, DVBE and other applicable affirmative action documents, Performance Bond, Payment Bond, Escrow Agreement for Security Deposits, and any other certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel. 6.2 Final Estimate. At the time of delivery of these bid and construction documents, which shall include the Final Working Drawings and Specifications (collectively referred to herein as the “Construction Documents”), Designer shall provide City with its final estimate of probable construction cost (“Designer’s Final Estimate”). As discussed herein, including in Section 7.3, it shall be the Designer’s duty to design the Project within budget. 7. BID PHASE. During the bid phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 7.1 Reproducible Construction Documents. Once City provides Designer with specific written approval of the Construction Documents and Designer’s Final Estimate, Designer shall provide to City one set of reproducible Construction Documents. 7.2 Distribution of Contract Documents and Review of Bids. Designer shall assist City in distributing the Construction Documents to bidders and conducting the opening and review of bids for the Project. 7.3 Over Budget. If the apparent lowest responsive and responsible bid on the Project exceeds the Designer’s Final Estimate by more than five percent (5%), City may request Designer to amend, at Designer’s sole cost and expense, the Final Drawings and Specifications in order to rebid the Project and receive a lowest responsive and responsible bid equal to or less than the Designer’s Final Estimate. All revisions necessary to bring the lowest responsible and responsive bid within the Designer’s Final Estimate, including any omissions, deferrals or alternates, shall be made in consultation with, and subject to the approval of, the City. 8. CONSTRUCTION PHASE. During the construction phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: Packet Page. 803 Exhibit A-6 8.1 Observation. The Project Designer shall observe work executed from the Final Working Drawings and Specifications in person, provided that City may, in its discretion, consent to such observation by another competent representative of Designer. 8.2 General Administration. Designer shall provide general administration of the Construction Documents and the work performed by the contractors. 8.3 Pre-Construction Meeting. Designer shall conduct one or more pre-construction meetings, as the City determines is needed for the Project, with all interested parties. 8.4 Site Visits of Contractor’s Work. Designer shall conduct site visits to observe each contractors’ work for general conformance with the Construction Documents and with any approved construction schedules or milestones. Such site visits shall be conducted as often as are necessary and appropriate to the stage of construction, according to the City’s sole discretion, but in no event less than weekly. 8.5 Site Visits of Inspector’s Work. Designer shall conduct site visits to communicate and observe the activities of the City inspectors. Such site visits shall be conducted as often as is mutually acceptable to Designer and City. Designer shall direct the City inspectors and the Project contractors to coordinate the preparation of record drawings indicating dimensions and location of all “as-built” conditions, including but not limited to, underground utility lines. 8.6 Coordination of Designer’s Consultants. Designer shall cause all architects, engineers and other consultants, as may be hired by Designer or City, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents. 8.7 Reports. Designer shall make regular reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project. 8.8 Construction Meetings; Minutes. Designer shall attend all construction meetings and provide written reports/minutes to the City after each construction meeting in order to keep City informed of the progress of the work. Such meetings shall occur at a frequency necessary for the progress of the Project work, according to the City’s sole discretion, but no less than weekly. 8.9 Written Reports. Designer shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work. 8.10 Written Records. Designer shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project. 8.11 Material and Test Reports. Designer shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Designer shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the contractors and City. Packet Page. 804 Exhibit A-7 8.12 Review and Response to Submissions. Designer shall review and respond, in a timely manner, to all schedules, submittals, shop drawings, samples, information requests, change requests, and other submissions of the contractor and subcontractors for compliance with, or alterations and additions to, the Construction Documents. Designer’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work. 8.13 Rejection of Work. Designer shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Designer shall immediately notify the City and contractor(s) of such rejections. Designer shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed. 8.14 Substitutions. Designer shall consult with City, in a timely manner, with regard to substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such substitutions. Designer’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work. 8.15 Revised Documents and Drawings. Designer shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents. 8.16 Change Requests and Material Changes. Designer shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Designer shall provide the City with its opinion as to whether such change requests should be approved, denied or revised. If the City has not hired a construction manager or other person to do so, the Designer shall prepare and execute all change orders and submit them to the City for authorization. If the City has designated a construction manager or other person to prepare all change orders, the Designer shall review all change orders prepared by such person, execute them and deliver them to the City for authorization if they meet with the Designer’s approval, or submit them to the City with recommendations for revision or denial if necessary. Designer shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Designer may order, on its own responsibility and pending City Council approval, changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured. 8.17 Applications for Payment. Designer shall examine, verify and approve contractor’s applications for payment, and shall issue certificates for payment in amounts approved by the City’s inspector. 8.18 Final Color and Product Selection. Designer shall coordinate final color and product selection with City’s original design concept. 8.19 Substantial Completion. Designer shall determine the date of substantial completion, in consultation with the City. 8.20 Punch List. After determining that the Project is substantially complete, Designer shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the contractor (“Punch List Items”). Designer shall notify contractor in Packet Page. 805 Exhibit A-8 writing that all Punch List Items must be corrected prior to final acceptance of the Project and final payment. Designer shall also notify City of all Punch List Items. 8.21 Warranties. Designer shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors and subcontractors pursuant to the Construction Documents. Designer shall coordinate and provide these materials to the City. 8.22 Certificate of Completion. Designer shall participate in any further inspections of the Project necessary to issue Designer’s Certificate of Completion and final certificate for payment. 8.23 Documents for Project Close-Out. Designer shall cause all other architects, engineers and other consultants, as may be hired by Designer, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project. Designer shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants. 9. AS-BUILT DRAWINGS. During the as-built drawings phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: 9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Designer shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Designer shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Designer by any inspectors and the contractor, and shall obtain certifications from any inspectors and the contractor that the drawings are correct. 9.2 Approval. Once City provides Designer with specific written approval of the As- Built Drawings and Specifications, Designer shall forward to City the complete set of original As- Built Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail. 9.3 Documents for Final Payment. Prior to the receipt of Designer’s final payment, Designer shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Designer’s Certificate of Completion. 10. WARRANTY PERIOD. During the warranty period phase of the Project, Designer shall do all of the following, as well as any incidental services thereto: Packet Page. 806 Exhibit A-9 10.1 Advice. Designer shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project. Packet Page. 807 Exhibit B-1 EXHIBIT B FEE AND PHASING/FUNDING SCHEDULES 1. FEE SCHEDULE. Designer will invoice City on a monthly cycle based on the following fee schedule. Designer will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation. Designer will inform City regarding any out-of-scope work being performed by Designer for which Designer intends to seek compensation from City. 2. PHASING/FUNDING SCHEDULE. Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated: Initial Planning Phase: ________ percent (%____) Schematic Plan Phase: ________ percent (%____) Design Development Phase: ________ percent (%____) Final Working Drawings & Specifications Phase: ________ percent (%____) Construction Contract Documents Phase: ________ percent (%____) Bid Phase: ________ percent (%____) Construction Phase: ________ percent (%____) As-Built Drawings Phase: ________ percent (%____) Warranty Period Phase: ________ percent (%____) Packet Page. 808 Exhibit C-1 EXHIBIT C COMPENSATION RATES AND REIMBURSABLE EXPENSES 1. HOURLY COMPENSATION RATES. [***INSERT DESIGNER’S HOURLY RATES***] 2. REIMBURSABLE EXPENSES. [***INSERT AUTHORIZED REIMBURSABLE EXPENSES***] 3. ADDITIONAL SERVICES. Additional Services shall be computed at the actual hourly rates listed above. 4. ADDITIONAL CONSULTANTS. If City requires Designer to hire consultants to perform any Additional Services, Designer shall be compensated therefore at the Designer’s actual hourly rates plus [***INSERT AMOUNT OR PERCENTAGE***]. Owner shall have the authority to review and approve the rates of any such consultants. Packet Page. 809 Attach men t 3 Roos evelt Bowl Projec t Location 500 ft N➤➤N Packet Page. 810 D U N B A R A R C H I T E C T U R E ARCHITECTURE & DESIGN | HISTORIC ARCHITECTURE | INTERIORS PROPOSAL RFP F-23-80 Professional Design Engineering Services November 22, 2023 CITY OF SAN BERNARDINO ROOSEVELT BOWL REHABILITATION Packet Page. 811 D U N B A R A R C H I T E C T U R E www.dunbararchitecture.com jen@dunbararchitecture.com ph: 310-435-3928 !"!# $$%& & ’# & () ("*()+ )+("*,*-!’("*."*’(" /0&(0 1 0)(2)(3 & . 4 *-*(045 ( ) * 4 2()*43 ,* 56 $ ##% &&# )7 #+)."4*)( ,)7 +8( )(#)) # # & $$ ’# ’ ) Packet Page. 812 1.0 Executive Summary 2.0 Table of Contents 3.0 Identifi cation of Proposer 4.0 Staffi ng Resources 5.0 Fiscal Stability 6.0 Experience & Technical Competence 7.0 Proposed Project Approach 8.0 Insurance 9.0 Litigation 10.0 Other Information 11.0 Certifi cation of Proposal 12.0 Appendices A. Consultant Resumes B. ARPA Forms 2.0 TABLE OF CONTENTS Packet Page. 813 3.0 IDENTIFICATION OF PROPOSER Legal Name and Address: Jennifer Dunbar dba Dunbar Architecture 12314 La Maida Street Valley Village, CA 91607 Legal form of company: Sole Proprietorship Representative Contact for this proposal: Jennifer Dunbar, AIA, NCARB Principal & Owner Dunbar Architecture 12314 La Maida Street Valley Village, CA 91607 jen@dunbararchitecture.com 310.435.3928 California Architecture Board License: C34853 California DGS Certifi cation ID: 2019460 Packet Page. 814 4.0 STAFFING RESOURCES Packet Page. 815 Atascadero City Hall - Seismic Retrofi t and Building Rehabilitation Jen Dunbar as Job Captain - Pfeiffer Partners 2008-2013 Dunbar Architecture is a full-service architecture fi rm specializing in context inspired design solutions for existing and historic buildings, interiors, and sites. We are a certifi ed Small Business Enterprise (SBE) with the State of California, an LSBE with the County of Los Angeles, a certifi ed METRO SBE and DBE, and a certifi ed Woman Owned Small Business (WOSB). Jen Dunbar founded Dunbar Architecture in 2018 after many foundational years at the award- winning fi rms of Pfeiffer Partners and Architectural Resources Group in Los Angeles. Dunbar Architecture focuses on the adaptive reuse of existing buildings, rehabilitation of historic structures, and design of new buildings within the context of existing and historic sites, while conscientiously addressing environmental sustainability, long-term regenerative strategies, and Well-Building practices. As a small two person studio, we combine personalized service with the experience and practice of working on high-profi le landmark projects to guide solutions and decisions on every project regardless of size. Jen Dunbar, AIA exceeds The Secretary of the Interior’s Professional Qualifi cations Standards in Architecture and Historic Architecture with over twenty years of experience working on existing and historic structures throughout Southern California. Ashley Powell, AIA brings fi fteen years of experience working as an architect and holds a certifi cate as a Certifi ed Access Specialist (CASp). FIRM INTRODUCTION Packet Page. 816 OUR TEAM OF EXPERTS Our design team for this project is a selection of longstanding partnerships and fi rms whose work we respect and admire. We have assembled a team of experienced engineers and con- sultants who comprehend how to develop solutions for rehabilitating older, existing structures and sites. We have worked with many of these consultants extensively over the years and have cultivated strong, reliable relationships with them. We believe that this is a distinct, key value that Dunbar Architecture brings to this project and will provide you with a focused, synchronized effort to achieve the project goals within the established timeline. We are delighted to partner with EPTDESIGN as our landscape architect for this project. We have worked with EPTDESIGN for years. Our most recent collaboration can be seen at the Los Angeles County Arboretum and Botanic Garden in Arcadia, California. EPTDESIGN’s approach aligns with our values and recognition of the unique character of a site’s individual spatial qual- ities, environment, history, and context. Their landscapes are poetic, dynamic, and evolving, as well as educational and ecologically sensitive. Los Angeles County Arboretum & Botanic Garden - Entry Plaza & Gate House Rehabilitation Project Completed June 2023 Packet Page. 817 Our long-established relationship with the structural and civil engineering fi rm, Wheeler & Gray, is based on a symbiotic approach and understanding of working with historic and existing build- ings. John Kelly and Les Schultz lead this straightforward and reputable fi rm. When it comes to existing and historic structures, they bring a depth of insight to any project in which they are involved. Two critical components of this project will be to identify issues with the existing his- toric retaining wall and ensure an ADA accessible path of travel from required accessible parking spaces. We have worked closely with John on similar ADA issues at Los Angeles Union Station. South Coast Engineering Group is our favorite MEP Engineering Consultant, and we cannot say enough wonderful things about them. Peter Kraut and Bill Siler reliably provide high quality problem solving in an accessible and easily understandable way. We partner with SCEG on our Los Angeles Union Station projects, and they continue to prove their adeptness and skill for ev- ery challenging and complex issue that crosses their path. We have included Danny Kim and his team of consultants at PlanNet to provide unparalleled expertise and strategy in low-voltage systems, services, and applications. Their knowledge en- compasses wired and wireless infrastructure, audiovisual (AV), security technologies, with nota- ble production-media and technology experience and in-house resources. PlanNet will provide a High-Level Design approach to this project to minimize their consultant fees. This means that they will provide recommended strategies and Basis of Design/ Performance Specifi cations to allow for budget constraints and future phasing of work. Camden Cabrinha from Cabrinha, Hearn & Associates for licensed surveyor work, Ed Hill from Geotechnologies for Geotechnical Consulting, and Ryan Craven from HLCM for Cost Estimating round out the rest of our team and we are thrilled to include them on this project. Resumes for our consultants can be found in Section 12 - Appendices. Los Angeles Union Station - North Arcade ADA Project In Progress Packet Page. 818 4 CITY OF SAN BERNARDINO ARCHITECTURAL DESIGN TEAM PROPOSED TEAM DUNBAR ARCHITECTURE ASHLEY POWELL, AIA Project Architect Certifi ed Access Specialist (CASp) JEN DUNBAR, AIA, LEED AP Principal / Project Manager ARCHITECTURAL DESIGN TEAM DUNBAR ARCHITECTURE ASHLEY POWELL, AIA Project Architect Certifi ed Access Specialist (CASp) JEN DUNBAR, AIA, LEED AP Principal / Project Manager PRIMARY CONTACT REPRESENTATIVE: JEN DUNBAR - PRINCIPAL 310.435.3928 jen@dunbararchitecture.com CABRINHA, HEARN & ASSOC. SURVEYOR CAMDEN CABRINHA, PLS Owner/ Project Manager WHEELER & GRAY STRUCTURAL & CIVIL LES SCHULZ Structural Engineer PLAN NET LOW VOLTAGE DANNY KIM Principal/ A/V SCEG MEP ENGINEERING PETER KRAUT VP/ Sr. Engineer JOHN KELLY Civil Engineer EPTDESIGN LANDSCAPE ARCHITECT MATT LYSNE Principal/ Technical Director WILLIAM SILER VP/ Sr. Engineer HLCM COST ESTIMATING RYAN CRAVEN Principal-in-Charge JORGE MERAZ Sr. Principal/ Infrastructure CHRISTIAN MADARANG Director/ A/V LINDSEY TALMO Project Manager GEOTECHNOLOGIES, INC. GEOTECH EDWARD HILL President VINCENT W. WATERS Director/ Electrical Eng. Packet Page. 819 JEN DUNBAR AIA, NCARB, LEED AP Owner/ Principal D U N B A R A R C H I T E C T U R E CA Registered Architect: C-34853 NCARB #103124 LICENSES California Polytechnic University, Pomona Masters of Architecture Concentration Historic Preservation UCLA Extension Interior Architecture University of Illinois, Urbana-Champaign Bachelors of Liberal Arts & Sciences EDUCATION Dunbar Architecture Owner & Principal Los Angeles, CA | 2018 - present Architectural Resources Group Senior Associate Pasadena, CA | 2015 - 2018 Pfeiffer Partners | Architect Los Angeles, CA | 2008 - 2015 David Forbes Hibbert, AIA | Designer Santa Monica, CA | 2003 - 2008 Miyake Interiors | Designer Los Angeles, CA | 2001-2003 PROFESSIONAL EXPERIENCE Los Angeles Union Station - Comprehensive ADA Survey & Improvement Work | Los Angeles, CA Los Angeles Union Station - Historic Ticketing Concourse Restroom project | Los Angeles, CA Los Angeles Union Station - BIM project | Los Angeles, CA City of Santa Ana Historic Cypress Firestation | Santa Ana, CA Los Angeles Arboretum Entry Plaza Rehabilitation | Arcadia, CA City of Sierra Madre Public Safety Building Adaptive Reuse | Sierra Madre, CA West Los Angeles College - Greenhouse & Student Garden | Culver City, CA Laguna Theater Rehabilitation | Laguna Beach, CA Whittier City Hall - East Wing Adaptive Reuse Study| Whittier, CA East Los Angeles College - M&O projects | Los Angeles, CA Occidental College - Wayfinding project | Los Angeles, CA Altura Credit Union - Corona Branch | Corona, CA First American Title & Trust Façade Restoration | Santa Ana, CA La Atalaya, Altura Credit Union Members House | Riverside, CA CURRENT PROJECTS Jen’s professional experience in architecture and design for the past twenty years in Los Angeles centers on working with existing and historic buildings. In 2018, she started Dunbar Architecture to focus on projects that continue to build upon her past body of work and knowledge of existing and historic buildings while conscientiously addressing environmental sustainability and renewal. Jen has been responsible for and led design teams in the development of design concepts and solutions, construction documents, consultant coordination, project cost analysis, building material selection, code analysis, and construction administration. Jen works with her clients to find compatible and appropriate solutions to their design problems, breathing fresh new life into historic & existing structures, and finding a balance between modern design interventions with the existing built environment. She currently serves as the Vice-President of the AIA San Fernando Valley Chapter Board of Directors. ARCHITECTURE & DESIGN | HISTORIC ARCHITECTURE | INTERIORS Los Angeles Union Station, On-Call Architectural Services | Los Angeles, CA Joel McCrea Ranch House and Site Building Rehabilitation Report | Thousand Oaks, CA Ontario Museum of History & Art | Ontario, CA Pomona College Renwick House Relocation and Rehabilitation | Claremont, CA Seaside Inn Rehabilitation | Dana Point, CA Rialto Theater Building Assessment | South Pasadena, CA 450 Golden Gate Infrastructure Project at the Philip J. Burton Federal Building and U.S. Courthouse, GSA | San Francisco, CA City of Atascadero Historic City Hall Rehabilitation | Atascadero, CA Self-Realization Fellowship International Headquarters Historic Rehabilitation | Los Angeles, CA 2023 Vice President - AIA SFV Chap- ter Board of Directors Glendora Historical Society Board of Directors, Director AIA California Climate Action Committee Member, California Preservation Foundation & Los Angeles Conservancy Member, National Trust for Historic Preservation Member, Western Chapter Assoc. of Preservation Technology PROFESSIONAL AFFILIATIONS RELEVANT PREVIOUS FIRM WORK 12314 La Maida Street | Valley Village, CA 91607 | jen@dunbararchitecture.com | 310.435.3928 Packet Page. 820 ASHLEY POWELL AIA, CASp Project Manager/ Project Architect D U N B A R A R C H I T E C T U R E CA Registered Architect: C-35991 Certifi ed Access Specialist CASp - 1065 LICENSES California Polytechnic University, Pomona Bachelor of Architecture EDUCATION Member, AIA Inland California Chapter PROFESSIONAL AFFILIATIONS Los Angeles Union Station - Comprehensive ADA Survey | Los Angeles, CA Los Angeles Union Station - Historic Ticketing Concourse Restroom project | Los Angeles, CA Los Angeles Union Station - BIM project | Los Angeles, CA West Los Angeles College - Greenhouse & Student Garden | Culver City, CA Laguna Theater Rehabilitation | Laguna Beach, CA Whittier City Hall - East Wing Adaptive Reuse | Whittier, CA Los Angeles Arboretum Entry Plaza Concept Design | Arcadia, CA Altura Credit Union - Corona Branch T.I. | Corona, CA East Los Angeles College - Building P1 Roof Repairs | Los Angeles, CA CURRENT PROJECTS With nearly fi fteen years of experience, Ashley is a California Architect’s Board accredited licensed architect and a Certifi ed Access Specialist (CASp). She has worked on projects varying in type, scale and complexity on new construction, adaptive reuse and historic rehabilitation projects. Ashley has the valuable combination of design accumen, technical documentation and attention to project details. Her project experience includes all phases of planning, documentation, and construction as well as design presentations. She has coordinated agency approvals ranging from planning review, design commisions, city plan check, FEMA and Division of the State Architect. As a project manager, Ashley has developed a reputation for excellent client service. ARCHITECTURE & DESIGN | HISTORIC ARCHITECTURE | INTERIORS Dunbar Architecture Los Angeles, CA | 2019- present Ruhnau Clarke Architects Riverside, CA | 2018-2019 Architectural Resources Group Pasadena, CA | 2011-2018 WLC Architects Rancho Cucamonga, CA | 2008-2010 PROFESSIONAL EXPERIENCE RELEVANT PREVIOUS FIRM WORK - RENOVATIONS Valley View High School Modernization and New Classroom Building | Moreno Valley, CA Jean Haymen Elementary School Assessment | Lake Elsinore, CA Serrano Elementary School Modernization | Moreno Valley, CA Honey Hollow Elementary School Modernization | Moreno Valley, CA Pasadena Conservatory of Music | Pasadena, CA The Huntington Library, Art Collections & Botanical Gardens, Steven S. Koblik Education and Visitor Center | San Marino, CA Pomona College Renwick House Relocation and Rehabilitation | Claremont, CA Los Angeles Union Station, On-Call Architectural Services | Los Angeles, CA Plymouth Boulevard Duplexes | Los Angeles, CA Ventura Boulevard Multi-family Housing | Los Angeles, CA Ontario Museum of History & Art, Building Rehabilitation Study | Ontario, CA 450 Golden Gate Infrastructure Project at the Philip J. Burton Federal Build- ing and U.S. Courthouse, GSA | San Francisco, CA Williams Andrews Clark Memorial Library – UCLA, Seismic Upgrade and Ex- pansion | Los Angeles, CA Pasadena Conservatory of Music | Pasadena, CA 12314 La Maida Street | Valley Village, CA 91607 | ashley.powell@dunbararchitecture.com Packet Page. 821 5.0 FISCAL STABILITY The following pages include: i. Current busines credit report from Dunn and Bradstreet ii. Letter from City National Bank iii. 2022 Schedule C and 2023 P& L Statement Packet Page. 822 Packet Page. 823 Packet Page. 824 Packet Page. 825 Packet Page. 826 OMB No. 1545-0074SCHEDULE C Profit or Loss From Business (Sole Proprietorship)(Form 1040)2022 Go to www.irs.gov/ScheduleC for instructions and the latest information.Department of the Treasury AttachmentInternal Revenue Service 09Attach to Form 1040, 1040-SR, 1040-NR, or 1041; partnerships must generally file Form 1065.Sequence No. Name of proprietor Social security number (SSN) Principal business or profession, including product or service (see instructions)Enter code from instructionsAB Business name. If no separate business name, leave blank.Employer ID number (EIN) (see instr.)C D Business address (including suite or room no.)E City, town or post office, state, and ZIP code (1) (2) (3)Cash Accrual Other (specify)F Accounting method: Yes NoGDid you "materially participate" in the operation of this business during 2022? If "No," see instructions for limit on losses. H If you started or acquired this business during 2022, check here. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes NoIDid you make any payments in 2022 that would require you to file Form(s) 1099? See instructions. . . . . . . . . . . . . . . . . . . . . Yes NoJIf "Yes," did you or will you file required Form(s) 1099?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IncomePart I 1 Gross receipts or sales. See instructions for line 1 and check the box if this income was reported to you 1on Form W-2 and the "Statutory employee" box on that form was checked. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2Returns and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3Subtract line 2 from line 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4Cost of goods sold (from line 42). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Gross profit. Subtract line 4 from line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Other income, including federal and state gasoline or fuel tax credit or refund 6(see instructions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Gross income. Add lines 5 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part II Expenses. Enter expenses for business use of your home only on line 30. 8 8 18 18Advertising. . . . . . . . . . . . . . . . . . . . Office expense (see instructions). . . . . . . . 9 Car and truck expenses 19 19Pension and profit-sharing plans . . . . . . . . 9(see instructions). . . . . . . . . . . . . . 20 Rent or lease (see instructions): 10 10Commissions and fees . . . . . . . . . a 20aVehicles, machinery, and equipment. . . . . 11 Contract labor b 20bOther business property . . . . . . . . . . . . . . . . 11(see instructions). . . . . . . . . . . . . . 21 21Repairs and maintenance. . . . . . . . . . . . . . . 12 12Depletion. . . . . . . . . . . . . . . . . . . . . . 22 22Supplies (not included in Part III). . . . . . . . Depreciation and section13 179 expense deduction 23 23Taxes and licenses. . . . . . . . . . . . . . . . . . . . . (not included in Part III)24 Travel and meals:13(see instructions). . . . . . . . . . . . . . a 24aTravel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Employee benefit programs 14(other than on line 19). . . . . . . . . b Deductible meals (see 24binstructions). . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15Insurance (other than health). . . 16 25 25Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interest (see instr.): a 16a 26 26Wages (less employment credits). . . . . . . . Mortgage (paid to banks, etc.). . . . . . . . b 16b 27a 27aOther. . . . . . . . . . . . . . . . . . . . . . . . . Other expenses (from line 48). . . . . . . . . . . 17 17Legal and professional services b 27bReserved for future use . . . . . . . . . . . . . . . . 28 Total expenses before expenses for business use of home. Add lines 8 through 27a . . . . . . . . . . . . . . . . . . . . . . . 28 29 29Tentative profit or (loss). Subtract line 28 from line 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Expenses for business use of your home. Do not report these expenses elsewhere. Attach Form 8829 unless using the simplified method. See instructions. Simplified method filers only:Enter the total square footage of (a) your home: and (b) the part of your home used for business:. Use the Simplified 30Method Worksheet in the instructions to figure the amount to enter on line 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Net profit or (loss). Subtract line 30 from line 29. ? If a profit, enter on both Schedule 1 (Form 1040), line 3,and on Schedule SE, line 2. (If you checked the box on line 1, see instructions.) Estates and trusts, 31enter on Form 1041, line 3. ? If a loss, you must go to line 32. If you have a loss, check the box that describes your investment in this activity. See instructions.32 All investment is? If you checked 32a, enter the loss on both Schedule 1 (Form 1040), line 3, and on Schedule SE,32a at risk.line 2. (If you checked the box on line 1, see the line 31 instructions.) Estates and trusts, enter on Form 1041, line 3.Some investment32b?If you checked 32b, you must attach Form 6198. Your loss may be limited.is not at risk. BAA For Paperwork Reduction Act Notice, see the separate instructions.Schedule C (Form 1040) 2022FDIZ0112L 07/18/22 Jennifer Dunbar 337-82-2449 Architectural Design 541310 Dunbar Architecture 36-4455497 X X X X 386,876. 386,876. 103,716. 283,160. 324. 283,484. 1,944.13,733. 4,250.2,554. 6,211. 680. 5,680. 24,042. 10,550.2,928. 77,062. 12,989. 3,514. 166,137. 117,347. 9,623. 107,724. Packet Page. 827 Schedule C (Form 1040) 2022 Page 2 Part III Cost of Goods Sold (see instructions) a b cMethod(s) used to value closing inventory: Cost Lower of cost or market Other (attach explanation)33 Was there any change in determining quantities, costs, or valuations between opening and closing inventory?34 Yes NoIf "Yes," attach explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inventory at beginning of year. If different from last year's closing inventory,35 35attach explanation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36Purchases less cost of items withdrawn for personal use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 37Cost of labor. Do not include any amounts paid to yourself. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 38Materials and supplies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 39Other costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 40Add lines 35 through 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 41Inventory at end of year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Cost of goods sold. Subtract line 41 from line 40. Enter the result here and on line 4 . . . . . . . . . . . . . . . . . . . . . . 42 Part IV Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 13 to find out if you must file Form 4562. 43 When did you place your vehicle in service for business purposes? (month/day/year) Of the total number of miles you drove your vehicle during 2022, enter the number of miles you used your vehicle for:44 a b cBusiness Commuting (see instructions) Other 45 Yes NoWas your vehicle available for personal use during off-duty hours?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Yes NoDo you (or your spouse) have another vehicle available for personal use?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47a Yes NoDo you have evidence to support your deduction?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b Yes NoIf "Yes," is the evidence written?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part V Other Expenses. List below business expenses not included on lines 8-26 or line 30. 48 Total other expenses. Enter here and on line 27a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Schedule C (Form 1040) 2022 FDIZ0112L 07/18/22 Jennifer Dunbar 337-82-2449 663. 103,053. 103,716. 103,716. 9/01/19 4,217 10,683 X X X X 12,989. See Statement 2 Packet Page. 828 Income Statement for the Year Ended 12.31.2023 Cash Basis Tuesday, November 21, 2023 12:33 PM GMT-08:00 1/2 TOTAL Income Billable Expense Income 3,709.34 Sales 898,297.25 Total Income $902,006.59 GROSS PROFIT $902,006.59 Expenses *Direct Project Expenses Contractors 380,250.87 Plans & Permits 1,453.19 Total *Direct Project Expenses 381,704.06 Ask My Accountant 499.00 Auto Expenses Parking & Tolls 36.95 Total Auto Expenses 36.95 Charitable Contributions 6,600.00 Continuing Education 243.95 Dues & Subscriptions 44.99 Insurance General Liability 254.26 Owner Health & Employee Benefits Dependent Care 2,500.00 Health Care 37,545.97 Payments W/H From Employees Dependent Care -75.00 Payments W/H From Employees Health -4,629.12 Total Owner Health & Employee Benefits 35,341.85 Professional Liability 10,964.08 Workers Comp 1,260.35 Total Insurance 47,820.54 Interest Paid 95.00 Local Meals 414.86 Marketing Expense Advertising & Promotion 17,008.36 Business Gifts 284.35 Meals & Entertainment 591.56 Total Marketing Expense 17,884.27 Office Supplies & Software 15,177.76 Payroll Payroll Fees 1,551.18 Payroll Taxes 6,409.53 Wages Expense 72,391.37 Total Payroll 80,352.08 Packet Page. 829 Income Statement for the Year Ended 12.31.2023 Cash Basis Tuesday, November 21, 2023 12:33 PM GMT-08:00 2/2 TOTAL Professional Memberships 1,068.01 Professional Services 200.00 Accounting 3,199.27 Legal 2,725.50 Total Professional Services 6,124.77 QuickBooks Merchant Fees 83.97 Reimbursable Expenses 787.32 Retirement Plan 9,418.52 Taxes & Licenses 4,606.74 Travel 2,082.12 Travel Meals 196.34 Total Expenses $575,241.25 NET OPERATING INCOME $326,765.34 NET INCOME $326,765.34 Packet Page. 830 6.0 EXPERIENCE & TECHNICAL COMPETENCE Packet Page. 831 Los Angeles Union Station - current projects Campus wide ADA Assessment & Mitigation Plan Ticketing Concourse Restroom Renovation BIM Pilot Project Large Firm Experience with Small Firm Agility We combine the knowledge and practice gained from working in large architectural fi rms on large institutional projects with the effi ciency and personalized attention of a small fi rm to help guide solutions and decisions within the scheduling goals of civic and cultural institutions. With our recent work at Los Angeles Union Station, we have intensifi ed our attunement to accessibility issues on projects and honed our skills at creating sensitive and thoughtful inclusions for accessibility in public spaces. Because we maintain in-house Certifi ed Access Specialist (CASp) credentials, we can provide a deeper review and solution recommendation process to our clients. We are a detail-oriented practice. This means problem solving at all phases of the project and making sure that quality comes through from initial planning to the end user’s experience when construction is complete. We look for the opportunities to revive and re-energize a building or site by highlighting distinct features and creating fresh, harmonious designs for any new elements or spaces. The following pages illustrate our recent work. OUR EXPERTISE Packet Page. 832 Our Architectural services include: • Building Assessments & Reports • Historic Research • Design Guidelines • Feasibility Studies & Entitlements • Programming & Space Planning • Accessibility Surveys & CASp Reports • Preservation & Restoration • Rehabilitation • Adaptive Reuse • New Design & Construction • Interior Architecture & Design • Construction Administration Whittier City Hall - East Wing Building Assessment 2022 We are enthusiastic about viewing historic and existing structures through the lens of environmental resiliency. This means that we are not just pursuing sustainable design through prescriptive measures, but a regenerative and performative approach to energy and resource renewal. By working with existing and historic buildings, we can drastically decrease embodied carbon, reducing our carbon footprint. As part of our fi rm-held belief that historic and existing buildings are better for the environment, we have joined the AIA 2030 Commitment to work towards carbon neutral buildings. Our goal for any new improvement or addition to an existing site is to provide thoughtful solutions that work harmoniously and sensitively with the site while addressing the needs of the client and users. We strive to create a positive, inviting, engaging, and universally accessible experience for all users. It is our goal to fi nd creative solutions that reach for that experience. We consider ourselves to be a research-based architecture fi rm. We believe that identifying the history, development, and relevant background surrounding a building or site leads to informed decisions on projects. We start our projects by gathering and studying the contextual information about a site from both the historic and recent past. This helps us to establish a foundation of knowledge to draw cues and inspiration for design interventions and solutions. HISTORIC & EXISTING BUILDINGS + ENVIRONMENTAL RENEWAL INCLUSIVITY + ACCESSIBILITY RESEARCH + CONTEXT We see the built environment as a canvas for creativity and design. It is an opportunity to create new layers; recognizing the past and speaking to the present while looking towards the future. Our design approach is one of connectivity and awareness. We look for thoughtful solutions that respect the history of a place while elevating the experience of the space. DESIGN + THE BUILT ENVIRONMENT CORE VALUES Packet Page. 833 REFERENCES CFO Los Angeles Arboretum Jennifer.VanStralen@arboretum.org 626.821.3205 Director, Construction Los Angeles Union Station D.Elam@morlinmgmt.com 818.804.1037 Jennifer Van Stralen - refer to Los Angeles Arboret um Project Dyana Elam - refer to Los Angeles Union Station Project Director of Public Works 232 W. Sierra Madre Blvd. Sierra Madre, CA 91024 626.355.6615 ccimino@cityofsierramadre.com Chris Cimino - refer to Sierra Madre Public Safety Building Project Assoc. Park & Landscape Planner Public Works 20 Civic Center Plaza, M-23 Santa Ana, CA 92702 714.571.4241 Suzanne Furjanic - refer to Santa Ana Cypress Fire Station Project D U N B A R A R C H I T E C T U R E ARCHITECTURE & DESIGN | HISTORIC ARCHITECTURE | INTERIORS Asst. City Manager 13230 Penn Street Whittier, CA 90602 562.567.9301 sdelong@cityofwhittier.org Shannon DeLong - refer to Whittier City Hall East Wing Project City Manager City of Atascadero rrickard@atascadero.org 805.470.3400 Rachelle Rickard - refer to Atascadero City Hall project sheet Packet Page. 834 20 LOS ANGELES COUNTY ARBORETUM ENTRY PROJECT ARCADIA, CA Entry plaza reconfiguration & restoration of historic gate house D U N B A R A R C H I T E C T U R E client project size project team construction cost Los Angeles Arboretum Foundation $8 Million Lead Design: EPTDESIGN, Landscape Architect Architect of Record: Dunbar Architecture Signage & Wayfi nding: Hunt Design Structural Engineer: Structural Focus Electrical Engineer: RBE Mechanical & Plumbing: Kevin A. Smola & Assoc. Civil Engineer: Ware Malcomb General Contractor: Swinerton Construction Project Manager: CMPG A treasured public resource, the reimagined entry experience at the Los Angeles Arboretum works to celebrate the historic mid-century design that has been hidden underneath years of renovations. As part of a proposal to reconfi gure the entry plazas, the project plans to restore the 1956 Arboretum Gate House to its original confi guration. Our role has been to help envision peeling back the layers on the 1957 Gate House designed by Allison & Rible Architects, currently used as the gift shop, and return it to its original use as the main gateway into the park. As part of the building rehabilitation, the peaked roof on the north side of the gate house will return to it’s original confi guration with an open trellis over the pavillion, covered with protective glazing. The collaborative team effort for the new Visitor Plaza aims to amend parking, clarify wayfi nding, restore historic buildings, and create a simplifi ed and universally accessible entry and orientation sequence. A major component of this project is the the site improvements for creating an accessible path of travel from the park- ing lots to the entry. New accessible ramps built into the site will allow visitors to move barrier free from the south parking lot to the main entry. 52,700 sf Rehabilitated Gate House - photo by SKA Studios project timeline 2018 to June 2023 reference delivery method Richard Schulhof, CEO Los Angeles Arboretum 626-821-3231 Design-Bid-Build Packet Page. 835 LOS ANGELES UNION STATION LOS ANGELES CA ADA Survey, Scoping, and Repair Project Ticketing Concourse Restroom Renovation Project Building Information Modeling Pilot Project D U N B A R A R C H I T E C T U R E The ADA Survey project is an extensive, campus-wide survey of exterior and interior public spaces at both the historic station and the east side Metro access. Work includes a comprehensive report to identify and describe the non-compliance issues for accessibility and develop scoping documents for the repair of these defi ciencies. A work plan will then be generated to complete the recommended repairs or modifi cations to occur over the next three years. The Ticketing Concourse Restroom project consists of the renovation of existing, non-original restrooms off the north end of the Historic Ticketing Concourse to address ADA compliance issues and provide the appropriate fi xture count for the Ticketing Concourse when used as an event space. The Building Information Modeling (BIM) Pilot Project is the fi rst step in a multi- phased endeavor to accurately scan the entire historic station, develop an extensive digital 3-D model that will serve as the basis for a Building Management Database. The project pilot includes 360-degree imaging of the building with fl y through capabilities and point-and-click features for accessing and managing building information. client project team Los Angeles Metro Morlin Assess Management, LP Dyana Elam, Account Manager Morlin Asset Management, LP 818-804-1037 d.elam@morlinmgmt.com Project Architect: Dunbar Architecture CASp Consultant: Stepping Thru Accessibility Civil Engineer: Wheeler & Gray Surveyor: Cabrinha, Hearn & Assoc. MEP Engineer: South Coast Engineering Group BIM Consultant: ARC Consultants Structural Engineer: Structural Focus project size construction cost $15 Million 60,000 sf delivery method project timeline Design-Bid-Build 2023-2026 reference Packet Page. 836 22 CITY OF SANTA ANA HISTORIC CYPRESS FIRESTATION SANTA ANA, CA Rehabilitation and Adaptive Reuse of Historic Firestation D U N B A R A R C H I T E C T U R E The project consists of a rehabilitation of the historic Cypress Fire Station in a residential neighborhood within the City of Santa Ana.. The building was designed in 1928 by Frederick M. Eley, a prolifi c and highly regarded architect in early Santa Ana and Orange County history. The goal of the project is to transform the building and exterior spaces into a new Santa Ana Police Athletic & Activity League (PAAL) center to serve the community, while restoring the exterior integrity of the building and maintain its historic register standing. Work will consist of exterior rehabilitation and restoration of original character-defi ning features while the interior will provide fresh and engaging spaces for youth and senior citizen educational and recreational classes as well as a back-of-house police substation. client project team City of Santa Ana Suzanne Furjanic Assoc. Park & Landscape Planner Public Works 20 Civic Center Plaza, M-23 Santa Ana, CA 92702 714.571.4241 Architect: Dunbar Architecture Structural Engineer: Holmes Structures MEP Engineer: MEP Cal Civil Engineer: KPFF Landscape Architect: Naomi Sanders Cost Estimator: HLCM Inc. project size 3,690 sf delivery method project timeline Design Bid Build April 2023 - June 2025 reference Packet Page. 837 23 CITY OF SIERRA MADRE - PUBLIC SAFETY BUILDING SIERRA MADRE, CA Building Assessment, Programming, and Feasibility Study for Police Department Adaptive Reuse D U N B A R A R C H I T E C T U R E The City of Sierra Madre hired Dunbar Architecture to assess the existing building at 350 W. Sierra Madre Blvd, owned by the City of Sierra Madre and determine how the programming requirements of the Sierra Madre Police Department would fi t into the building as an adaptive reuse. The report provides a general overview of the existing site and building conditions, examines the current and future building needs of the Sierra Madre Police Department, outlines treatment recommendations to meet the space requirements of the police department, and provides a preliminary Rough Order of Magnitude (ROM) cost estimate for the project. Because this is an adaptive reuse project and will change the use from commercial building to a police station, the facility must be brought up to “Essential Services” standards. This will entail bringing the building up to meet specifi c seismic and electrical requirements, in addition to standard code requirements to ensure that the facility is able to withstand use seven days a week, 24 hours a day and remain functional during and after a major seismic event. client project team City of Sierra Madre Chris Cimino Director of Public Works 232 W. Sierra Madre Blvd. Sierra Madre, CA 91024 626.355.6615 ccimino@cityofsierramadre.com Architect: Dunbar Architecture Structural & Civil Engineer: Wheeler & Gray Electrical Engineer: RBE Mechanical & Plumbing: Kevin A. Smola & Assoc. Cost Estimator: KPJ project size 9,000 sf/ .75 acre delivery method project timeline Report February - May 2023 reference Packet Page. 838 24 WHITTIER CITY HALL - EAST WING WHITTIER, CA Building Assessment and Feasibility Study for Adaptive Reuse D U N B A R A R C H I T E C T U R E Dunbar Architecture was awarded the project to prepare a Building Rehabilitation Study to further the goal of preservation, restoration, and adaptive reuse of the East Wing of the Whittier City Hall in Whittier, California. This study was completed at the request of the City of Whittier as due diligence for the evaluation and re-purposing of the east wing of the building from its previous use by the Police Department. Designed in 1954 by local architect William H. Harrison, the City Hall and Police Department wing were the focal point and initial building project of the Whittier City Civic Center Masterplan. The buildings were completed in 1955. The Building Assessment Report evaluated the historical signifi cance and integrity of the East Wing and provided an assessment of both interior and exterior features and conditions. In the evaluation of the physical aspects, the identifi cation of character defi ning features was essential to take into consideration in the rehabilitation and reuse of the building. A rough order of magnitude was provided to address years of deferred maintenance and bring the building up to current code and ADA requirements. client project team City of Whittier Shannon DeLong Asst. City Manager 13230 Penn Street Whittier, CA 90602 562.567.9301 sdelong@cityofwhittier.org Architect: Dunbar Architecture Structural & Civil Engineer: Wheeler & Gray Electrical Engineer: RBE Mechanical & Plumbing: Kevin A. Smola & Assoc. Cost Estimator: KPJ project size 11,000 sf delivery method project timeline Report February - September 2022 reference Packet Page. 839 ATASCADERO CITY HALL ATASCADERO, CA Seismic Repair & Rehabilitation Jen Dunbar as Designer and Job Captain for Pfeiffer Partners D U N B A R A R C H I T E C T U R E client project size project team construction cost City of Atascadero Rachelle Rickard, City Manager rrickard@atascadero.org $30 Million Structural Engineer: Nabih Youssef & Associates MEP Engineer: Davidovich & Associates Lighting: Horton Lees Brogden Lighting Design, Inc. Acoustics: Rothermel & Associates, LLC Materials Conservation: Wiss Janney Elstner Assoc., Inc. Landscape Architect: RRM Design Group Construction Manager: Bernards General Contractor: Diani Building Corp. This multi-award winning project was the result of a ten year effort to repair and rehabilitate this landmarked treasure for the city of Atascadero. The double rotunda building had previously served as city hall offi ces and council chambers. Although the triple wythe brick wall assembly performed well during the seismic event, a signifi cant seismic retrofi t was needed to return to the building to safe occupancy. A new mat footing with cassions was installed in the basement. Shotcrete was applied to the the interior perimeter walls of the fi rst three fl oors, with a lighter fi ber reinforced polymer (FRP) applied to the perimeter walls of the second rotunda space. The exterior brick and stone panels were carefully repaired and rebuilt where entire panels had sheared off from the building. The original clay tile roof was carefully removed, inventoried, cleaned and stored to allow for new sheathing and waterproofi ng before re-installation. Along with interior improvements for ADA accessibility, new ADA accessible ramps were added to the front and rear building entries, providing gracious and integrated approaches to the building. Years of deferred maintenance and interior subdivisions had left the interior of the building chopped up or poorly used. The rehabiliation of the building now uses the lower rotunda as a gracious lobby, surrounded by three fl oors of open plan offi ces. The upper rotunda serves as City Council chambers. The City Hall is on the National Register of Historic Places and is a California Registered Historical Landmark. 58,000sf Design-Bid-Build, Multi-Prime project timeline 2004-2014 reference delivery method awards 2014 Governor’s Historic Preservation Award 2014 California Preservation Foundation 2014 American Public Works Assoc. 2014 Building Design & Construction Platinum Reconstruction Packet Page. 840 7.0 PROJECT APPROACH Packet Page. 841 Based on the information provided in the Request for Proposal, Response to Questions, and the Pre-bid site walk on November 13, 2023, we understand the project to consist of the renovation of the Franklin D. Roosevelt Bowl located at Perris Hill Park in San Bernardino, California. The Roosevelt Bowl is an 1,800-seat outdoor amphitheater built in 1934 under the Works Program Administration (WPA). Our approach for this project will focus on developing a plan that targets work that may be tied to any federal funding such as ADA mitigation improvements and historical rehabilitation work. We also understand that the primary goal is to address deferred maintenance issues and establish an appealing, safer, and accessible environment for community participation events. As such, our focus will be on vital improvements to the site and building facilities. In the Initial Planning Phase, we will focus on additional investigation of the site, assessment of parking and restrooms for ADA compliance and occupancy requirements, assessment of the ADA path of travel from the parking to the building, restrooms, and accessible ADA seating accommodations, evaluate options for mechanical, electrical, and plumbing improvements of the historic theater building, and discuss options for the existing Concession/ Restroom building. The goal of this planning phase will be to identify and prioritize work based on code and funding requirements. Once we establish those priorities, we will look at potential improvements that can be included within the construction budget and develop a phasing plan for future work that the City can use to pursue additional funding. With the City of San Bernardino’s recognition of the site as a “Qualifi ed Historic Property” (including identifi cation of the site as an “Eligible” historic site), the California Historical Building Code would serve as our lead code document, allowing us to make sensitive improvements to the historic theater building, amphitheater structure, retaining wall, and landscape as needed. All work would follow the Secretary of the Interior’s Standards for the Treatment of Historic Buildings and Sites. To do this, we will provide documentation of the character defi ning features, identify necessary repairs and recommended improvements, and develop a plan for current repair work and future maintenance or improvements. PROJECT APPROACH Packet Page. 842 SCOPE: SITE WORK Site work includes grading, paving, ADA path of travel improvements from the parking lot, utility connections and related buildouts, grading and striping of ADA parking spaces, site lighting, and site drainage, erosion control, irrigation, and landscaping. Specifi cally, during the Initial Plan- ning Phase of work, we will be investigating the top of the historic rear retaining wall to ensure proper grading and drainage from the hillside. Exterior Lighting requirements and low-voltage infrastructure goals will be evaluated to determine the extent of work that can be accomplished within the construction budget. Design of spaces for electrical vehicle chargers are not included in our scope of work at this time, but may be identifi ed for future work during the Initial Planning Phase. We have included Cabrinha, Hearn & Associates as a licensed surveyor to provide a topograph- ic/ ground survey for this project. This work excludes any underground surveying of utilities. Additionally, we have included a geotechnical engineer, Geotechnologies, with this proposal to provide four (4) geotechnical excavations at the site, laboratory testing of materials, and a soils report. Three locations will be behind the existing retaining wall to consider the conditions and earth materials supported by the wall. The fourth excavation will be in the area of the parking lot where ADA improvements are planned. EPTDESIGN, our landscape architect, will review existing landscape conditions, identify recom- mended planting improvements, develop hardscape plans for repairs and improvements, and develop irrigation plans and details for the project. Packet Page. 843 SCOPE: BUILDING WORK Architecturally, we are thrilled with the prospect of trans- forming and renew this little gem of a building. We recog- nize and appreciate the potential of this building and site for the city and community. We love WPA built structures and the history of construction that they exemplify. Our exterior building work will focus on identifying neces- sary repairs and ensuring that treatments follow the Secre- tary of the Interior’s Standards. This includes assessment of the roof, exterior surface and wall treatments, windows and vents, doors and entryways, and additional features such as the stone drinking fountain. We will identify com- patible solutions for accessible entry into the building that minimizes impacts to the historic structure and its features. Our interior work is as much about creating a sense of place and identity as it is about creating effi cient, functional, and beautiful spaces. We work to select modern, bright, and welcoming interior fi nishes, fi xtures, furnishings that will provide inviting and engaging spaces for users. Accessibil- ity, safety, and inclusion will be the driving factors for our interior spaces and fi nishes. Given the size, shape, and current condition of the stage building, we do not anticipate extensive structural work on the building. However, during the Initial Planning Phase, our structural engineer will perform an investigation and analysis to identify any issues that need to be addressed. Our MEP engineer’s scope of work includes the evaluation of existing heating, ventilation, and air conditioning equip- ment, design of duct distribution systems for equipment, connection and design of domestic hot & cold-water sys- tems, sanitary waste and vent systems, connection to ex- isting electrical service, and design of replacement conduit and conductors. Our low-voltage consultant will be providing a High-Level Design approach to the planning of low-voltage and audio-visual infrastructure to improve and support future site events. The de- liverables include a Basis of Design/ Performance Specifi cations, budgets, block & line diagrams, and materials lists. Specifi cally, work will focus on designing a Structured Communications Ca- bling System (SCCS): a wired and wireless voice/data cable infrastructure and CATV/ SATV ca- bling for the stage building interior, as well as design of a server and telecommunications room; and Audiovisual Systems and Infrastructure. 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" # $ % & ! ) ( * ’ ( ) ( * ’ ( ) ( * !6%&6%& %6%& / Packet Page. 847 33 8.0 INSURANCE Packet Page. 848 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of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¶V /RFNHU 5RRP )DFLOLW\ 3URMHFW DW : %RQLWD $YHQXH &ODUHPRQW &DOLIRUQLD&LW\ RI &ODUHPRQW LV QDPHG DV DQ DGGLWLRQDO LQVXUHG DV UHVSHFWV JHQHUDO OLDELOLW\ DQG DXWR OLDELOLW\ DV UHTXLUHG SHU ZULWWHQ FRQWUDFW *HQHUDO /LDELOLW\ LV3ULPDU\1RQ&RQWULEXWRU\ SHU SROLF\ IRUP ZRUGLQJ ,QVXUDQFH FRYHUDJH LQFOXGHV ZDLYHU RI VXEURJDWLRQ SHU WKH DWWDFKHG HQGRUVHPHQWV 'D\ 1RWLFH RI &DQFHOODWLRQ &LW\ RI &ODUHPRQW +DUYDUG $YH&ODUHPRQW &$ Packet Page. 849 9.0 LITIGATION There are no claims fi led by or against Dunbar Architecture related to the provisions of Services iin the last fi ve (5) years. Packet Page. 850 10.0 OTHER INFORMATION Jen Dunbar currently serves as the President Elect for the San Fernando Valley Chapter of the American Institute of Architects (AIA). She additionally serves on the Board of Directors for the Glendora Historical Society. The Proposer does not have any previous involvement with the City of San Bernardino. The Proposer does not have confl icts of interest in connection with providing the Services as identifi ed in the RFP or stated in this proposal. Packet Page. 851 11.0 CERTIFICATION OF PROPOSAL 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 con- ditions of the RFP. Packet Page. 852 12.0 APPENDICES Appendix A: Subconsultant Resumes Appendix B: ARPA Forms Packet Page. 853 APPENDIX A SUBCONSULTANT RESUMES Packet Page. 854 A licensed landscape architect with over 20 years of experience, Matt brings technical expertise to the management of highly complex projects and teams, including the Hercules Creative Campus in Playa Vista and multiple community parks for the Trust for Public Land. Prior to his return to EPTDESIGN, Matt worked on numerous well-known projects in California such as Dodger Stadium, Frost Amphitheater at Stanford University, the Lucas Museum of Narrative Art, and So-Fi Stadium. With experience on a wide range of projects including commercial and retail landscapes, higher educational academic facilities and healthcare campuses, and parks, Matt is a sought-after collaborator in and outside of our studios. As Technical Director, Matt oversees quality control/quality assurance reviews and provides guidance on detailing and state and local codes. PROJECT EXPERIENCE • Frost Amphitheater, Stanford University • John Anson Ford Theatre Renovation, Los Angeles • UC Berkeley Greek Theater Upper Bowl, Berkeley • Starlight Amphitheater, Burbank Prior to joining EPTDESIGN TH AVENUE FAMILY PARK LOS ANGELES, CA EPTDESIGN is leading the renovation of the 0.27 acre 11th Avenue Family Park Renovation project. Located in a high park need area of the Hyde Park community in South Los Angeles, the park was originally built in 2008 and has had no upgrades since that time. The renovation includes new active and passive recreation features LQFOXGLQJ XSJUDGHG DQG H[SDQGHG SOD\JURXQG DUHD ZLWK D QHZ VSLGHUȊZHE SOD\ IHDWXUHQHZɳWQHVVVWDWLRQVQHZJUDVVDUHDQHZVKDGHWUHHVXSJUDGHGVHDWLQJ benches, basketball/shooting court, community gathering space, and an update/ redesign to the existing public art mural. HERCULES PLAYA VISTA, CA The Historic Site of the Hughes Aircraft Company hosts a new generation of innovators in a remade space that preserves the best of the past while providing for the future. We worked to re-imagine the landscape around six historic buildings with Brenda Levin and Associates for the Ratkovich Company on the Playa Vista campus where Howard +XJKHVEXLOWKLV6SUXFH*RRVH)ORDWLQJZRRGHQGHFNVUHɴHFWWKH6SUXFH*RRVHȐV wooden frame and protect the roots of an existing grove of California Sycamores. Sweeping forms and smooth materials refer to aviation while the plants and materials palette respect the site’s location just upstream from the delicate Ballona Creek. GLENDALE HERITAGE GARDEN GLENDALE, CA EPTDESIGN worked with the City of Glendale on their mini park program, to introduce small parks into densely populated Glendale neighborhoods. Glendale Heritage Garden includes the preservation and reuse of an existing California bungalow built in 1913, and several mature specimen trees and shrubs. Drought-tolerant native plants are grouped according to hydrozones to best conserve water in irrigation. Play areas, picnic tables, a variety of seating and shade choices, and a public art fountain create a compelling environment for everyone in the community to enjoy. MATT LYSNE PRINCIPAL, TECHNICAL DIRECTOR PLA ASLA JOINED EPTDESIGN 23 Years of Experience EDUCATION Bachelor of Science Landscape Architecture, California Polytechnic State University, Pomona, CA REGISTRATIONS Licensed Landscape Architect, State of California #4718 AFFILIATIONS American Society of Landscape Architects (ASLA) Packet Page. 855 Lindsey Talmo is an accomplished and dedicated project manager and leader with a passion for creativity, organization, and thoughtful design. She joined EPTDESIGN in 2018, bringing with her a wealth of experience across a wide range of project types, VFDOHVDQGWHDPVL]HV+HUFDUHHUEHJDQDWDODUJHLQWHUGLVFLSOLQDU\ɳUPZKHUHVKH honed her skills in coordination and organization, qualities that continue to be a cornerstone of her work at EPTDESIGN. Lindsey’s diverse project portfolio includes corporate campuses, urban mixed-use developments, private education facilities, higher education campuses, private residential projects, high-density residential FRPSOH[HVDɲRUGDEOHKRXVLQJLQLWLDWLYHVDQGFRPPXQLW\GHYHORSPHQWSURMHFWV$W EPTDESIGN, she approaches every new project with a multi-disciplinary perspective, striving to craft informed design solutions that not only enhance the experiences of those who interact with these spaces but also have a positive impact on the communities and environments in which they are situated. JOINED EPTDESIGN 6 Years of Experience EDUCATION Bachelor of Science Landscape Architecture, California Polytechnic State University, Pomona, CA AFFILIATIONS American Society of Landscape Architects (ASLA) HONORS & AWARDS Outstanding Junior Award 2013 – Cal Poly Pomona ENV Department VOLUNTEERISM Passion Center for Children - Malawi Africa PROJECT EXPERIENCE PASADENA CONSERVATORY OF MUSIC PASADENA, CA The new courtyard at the Pasadena Conservatory of Music will provide much needed outdoor learning space. Part amphitheater and part classroom, the courtyard will provide more opportunities for on campus performances, gathering, and serve as a pre-function event space. CSU LONG BEACH HORN CENTER LONG BEACH, CA Helping California State University, Long Beach support the arts, the site features landscape renovations around the Horn Center and Carolyn Campagna Kleefeld Contemporary Art Museum. Playful planting design supports an expanding sculpture garden. The main entrance is upgraded with planting that creates a thoughtful transition between existing adjacent riparian-inspired plantings and the art spaces beyond. A new outdoor plaza provides students with a shaded contemplative space to engage with artwork and nature at the same time. POMONA COLLEGE RAINS CENTER CLAREMONT, CA The Rains Auditorium sits in the center of Pomona College, within the center core ring of the Claremont Colleges, providing an accessible location for athletic activities to FDPSXVVWXGHQWV7KHQHZFRQɳJXUDWLRQRIWKH5DLQV$XGLWRULXPLVGHVLJQHGWRDOORZ expanded and dedicated programming for educational, individual, and team athletic events. The spatial arrangement of adjoining exterior areas supports these goals, allowing informal athletic functions to extend outdoors. Plazas and casual spaces IRUJDWKHULQJIXUWKHUOLQNWKHEXLOGLQJHQYHORSHɳUPO\WRWKHFDPSXVIDEULFDQGDUH DUUDQJHGWRHQKDQFHFDPSXVFLUFXODWLRQDQGSURYLGHFOHDUO\GHɳQHGHQWU\VHTXHQFHV to the auditorium. CHAFFEY HEALTH SCIENCES HIGH SCHOOL ONTARIO, CA 7KLVHGXFDWLRQDOFDPSXVIRUWKH&KDɲH\-RLQW8QLRQ+LJK6FKRRO'LVWULFWVHUYHV students with classrooms, multi-purpose workspaces, administrative/library spaces, DJ\PQDVLXPSRRODQGDWUDFNDQGɳHOG:LWKDVWURQJFXUULFXOXPIRFXVRQKHDOWK and science, the site design considers “Patterns of Biophylic Design” to connect VWXGHQWV DQG VWDɲ ZLWK QDWXUH LPSURYH PHQWDO SHUIRUPDQFH UHGXFH VWUHVV DQG promote greater health and well-being. The landscape concept references the nearby San Gabriels by creating an analogy between the site topography and the mountains, with plant communities occupying elevations relative to their native habitat. LINDSEY TALMO PROJECT MANAGER ASLA Packet Page. 856 !"# $%&’()*+,-./&..(.$0#$12,-1-//’$,-3 4&..-5’,-3 2.1$5&1531,-./.64.-5,7..68.$,.-%.,-/.5,3-,-3 71$,+’5428.5 1-/5,).5+ 8$+*.%45’5,-319$+1/$1-3.+ 9’,(/,-3:14.$,1(5.5 +941,-./5’ ,%,.-4.68.$,.-%.;,4&4&. ,$:4+9.%+:.1,%. <$.5,/.-4,-1-/,5-+;4&.+;-.$1-/<$.5,/.-4+ 4&. ,$: !,58$+*.%4.68.$,.-%.&15%+7.$./1;,/.$1-3.+ 8$+*.%45 ,-%(’/,-3= •.&19,(,414,+->(4.$14,+-<$+*.%45 •!+58,41(5>./,%1(1%,(,4,.5 •/’%14,+-1(1%,(,4,.5 • ,%.?’,(/,-35 •19+$14+$2?’,(/,-35 •<+54 ,%.5 •+$$.%4,+-1(1%,(,4,.5 •1/,+1-/4’/,+1%,(,4,.5 • 4$’%4’$1(.-3,-..$,-35.$7,%.5 +$.(.7.-54+$1 3. 54$’%4’$.5 +$&1)1$/+’5;154.1%%’:’(14,+-51471$,+’55,4.5,- +’4&.$-1(, +$-,1 •4$’%4’$1(.-3,-..$,-35.$7,%.5 +$1@:,((,+-+ ,%.%+:8(.6 1%,(,42 • !4$’%4’$1( .-3,-..$,-35.$7,%.5 +$1@:,((,+-%+:8(.6 • !4$’%4’$1(/.5,3- 5.$7,%.5 +$1@:,((,+-5 5,654+$2:./,%1(+ ,%.9’,(/,-3 •!"#$" $%A4$’%4’$1(1-1(25,5+ 1-.6,54,-34;+ 54+$25 + ,%.9’,(/,-3 & •’!# <$+*.%4%+-5,545+ 15 54+$2+ ,%.1-/%(155$++: 9’,(/,-31-/15 4&.14.$ •(#)#*#* !!+ 4$’%4’$1(/.5,3- +$1B5 54+$2+ ,%.9’,(/,-3;,4&8.-4&+’5. •,-.!%+’-/!%+ $&. 1%,(,42,51-B5C’1$. ++44;+54+$29’,(/,-3 •#. "# )#&.8$+*.%4%+-5,54./+ $.4$+ ,44,-34;+4&,$/5 + 1- .6,54,-35C’1$. ++42.1$+(/ 1%,(,42 0 ?1%&.(+$+ %,.-%. ,7,(-3,-..$,-3 1(, +$-,1<+(24.%&-,% 414.-,7.$5,42<+:+-1 .0 .3,54.$./4$’%4’$1( -3,-..$ 1(, +$-,1,%.-5.+ B .3,54.$./,7,(-3,-..$ 1(, +$-,1,%.-5.+ 0 4$’%4’$1(-3,-..$555+%,14,+- + +’4&.$-1(, +$-,1 !D !0# ## Packet Page. 857 !"# $ %&’’( )*+ ,-&$ (&*$+ , &./&$0&12& 01 20-0’ &1301&&$013 !0+ &./&$0&12& 012’45&+ * 605& $*13& , /$,7&28+ 012’4 5013 +*108*$( +&6&$6*8&$50+8$09480,1*158$*1+:0++0,16*8&$6 &’’+6*8&$+8,$*3& 5$*01*3& ’,,52,18$,’$,*5+*15+8$&&8+8$* 02 *153&1&$*’480’080&+ /$,7&28+$%&’’(0+*280-&01*’’/)*+&+, /$,7&285&-&’,/:&18 $,: &*+090’08( +8450&+ 8, 01*’ 5&+031 *15 2,1+8$4280,1 +4//,$8 &2&18 8(/02*’/$,7&28&./&$0&12&012’45&+; ; • 8$4284$*’&1301&&$013+&$-02&+ ,$&’&-&1+8,$*3& +8$4284$&+ ,$)*<*$5,4+6*+8&*224:4’*80,1+*8-*$0,4++08&+01 ,48)&$1*’0 ,$10* • !")&&’&$=#$*(0+/$,-0501320-0’ &1301&&$013+&$-02&+ ,$8)&$&5&-&’,/:&18, 8)&4$,$**+ 1201*+!,+/08*’)&+08&$&5&-&’,/:&182,1+0+8+, $&/’*2&:&18 , :&502*’940’5013+*55080,1, 1&6 *20’080&++42)*+*++0+8&5 *15015&/&15&18’0-0134108+*15*/*$>013+8$4284$&*15 $&’,2*80,1, )0+8,$02+8$4284$&+ •#$%!&’ ?$,-05&520-0’*15+8$4284$*’&1301&&$013 ,$*1&6 :*01&’&28$02*’ +49+8*80,1)&+8*80,10++08&501*/,$80,1, ,8@6)02)+’,/&+ 2,1+05&$*9’()&+08&6*+3$*5&58,2$&*8&86,:*0 1940’5013 /*5+ •()(*(&(! &+%!")&&’&$= #$*(2,15428&5*1*1*’(+0+, 8)&2*:/4+A&.0+8013 +(+8&:8, 5&8&$:01&1&2&++*$(0:/$,-&:&18+*15$&/*0$+8,/$&++4$& $&34’*8013-*’-&+8)*860’’/$,-05&8)&2*:/4+608)+8*9’& 2,1+0+8&18/$&++4$&+8)$,43)8)&2*:/4+ •(*(&(!&( (,!)&&’&$=#$*(0+/$,-05013 *1*’(+&+*155&+031 ,$*1&6012)+8,$:5$*018 ,*’’&-0*8& ’,,5013*8-*$0,4+2*:/4+’,2*80,1+ •*!*(&( ,! &-!B?$,-05&5/$,7&28 *5:010+8$*80,1*158&2)102*’50$&280,1 ,$5&+031, 2,:/’&8&4/ 3$*5&, 2*:/4+605&480’080&+0-0’480’080&+012 ’45&5+*108*$( +&6&$+5,:&+8026*8&$*15+8,$:5$*01*3& •&*!*(&(!& ’?$,-05013/$,7&28*5:010+8$*80,1*158&2)102*’50$&280,1 ,$5&+031, 4/3$*5&+8,2*:/4+605&480’080&+0-0’480’080&+ 012’45&5+*108*$(+&6&$+5,:&+8026*8&$*15+8,$:5$*01*3& •*!*(&( ,"!& *(!"?$,-05&5/$,7&28 *5:010+8$*80,1*158&2)102*’50$&280,1 ,$5&+031, 2,:/’&8&4/ 3$*5&, 2*:/4+605&480’080&+*152*:/4+$,*5+ . C*2)&’,$, 20&12& 0-0’1301&&$013 10-&$+08(, ,48)&$1 *’0 ,$10* /. &30+8&$&50-0’1301&&$ *’0 ,$10*02&1+&, &30+8&$&5D4*’0 0&5??? "&-&’,/&$D"*’0 ,$10* 02&1+&, &30+8&$&50-0’1301&&$ $0<,1*02&1+&,@ &30+8&$&50-0’1301&&$ ,6*02&1+&, &30+8&$&50-0’1301&&$ &-*5*02&1+&,@ &30+8&$&50-0’1301&&$ &.*+02&1+&, !!. :&$02*1?49’02,$>+++,20*80,1 :&$02*1*8&$,$>+++,20*80,1 *’0 ,$10*8,$:*8&$D4*’08( ++,20*80,1 E!%? !=# ## Packet Page. 858 CAMDEN CABRINHA, PLS SURVEY PROJECT MANAGER Camden joined Cabrinha, Hearn & Associates (CH&A) in 1985, working as a Chainman, moving up to Party Chief in 1989, and to his current position of Survey Project Manager in 2006. Camden’s experience developing and implementing surveying methodologies, quality control systems, managing firm resources, and communicating effectively with client and owner personnel has been essential in the successful delivery of all survey contracts. Camden’s field and office expertise includes surface and tunnel deformation monitoring, primary horizontal and vertical control networks, controls utilizing GPS and conventional methods, construction layout, topographic mapping, ALTA, boundary, right-of-way determination, legal descriptions review and preparation, plane table methodology, and electronic gathering and transferring of GIS survey data. PROJECT EXPERIENCE Union Station Plumbing Upgrades; Wheeler & Gray; Los Angeles, CA Design phase participation for the improvement of plumbing system upgrades in the Land Side section of Union Station. As subconsultant, the firm provided 20 scale aerial mapping over 20+ acres supplemented with detail ground surveys as-needed. Surveys included locations and inverts of accessible wet utilities. Under Camden’s management, the firm’s crews set survey controls consistent with past surveys and on City of Los Angeles and LA Metro Datums. (2/2022 to Ongoing). Role: Survey Project Manager. Westside Extension CMSS, Section 1; Westside Extension Support JV / METRO; Los Angeles, CA High-profile-subway extension project currently under construction under heavily populated areas of West Los Angeles. CH&A is a surveying subconsultant in support of the CMSS team working directly with LA Metro. Camden’s extensive expertise in tunnel-related transit systems has been essential in delivering high-quality surveying services. Under Camden’s management, our firm’s crews perform horizontal and vertical project control verification and densification surveys, and exploratory shaft site monitoring. In addition, our firm also provides advanced utility relocation as-built surveys and mapping, advanced utility relocation layout and construction staking, utility plan verifications, monument preservation and restoration, and topographic design/as-built mapping. (10/2013 to Ongoing). Role: Survey Project Manager. Airport Metro Connector Site Work and Rail Systems C1194; Hensel Phelps Herzog JV; Los Angeles, CA Site work and rail systems improvements in preparation of 96th Street Station multi-modal transportation center construction, which will connect Metro’s subway system to LAWA’s Automated People Mover. Camden created and managed surveying methodologies and strategies for the delivery of our client’s task orders. Surveying services provided included horizontal and vertical control of well structures during construction, as- built surveys, and deformation monitoring of cisterns along active rail systems. (6/2021 to 6/2022). Role: Survey Project Manager Airport Metro Connector 96th Street Station Construction C1197; Tutor Perini Corp. JV; Los Angeles, CA As surveying Project Manager, Camden oversees the firm’s transit station construction staking services, and ensures all deliverables meet the firm’s and client’s quality standards. (1/2022 to Ongoing). Role: Survey Project Manager EDUCATION Surveying Courses Pasadena City College Rancho Santiago College YEARS OF EXPERIENCE 41 Years YEARS WITH FIRM 38 Years LICENSURE Professional Licensed Surveyor California, # 6755 AFFILIATIONS American Council of Engineering Companies, Member Southern California Joint Apprenticeship Committee, Member California Land Surveyors Association, Member National Society of Professional Surveyors, Member CERTIFICATIONS ASHTECH specialized training in GPS AGENCY EXPERIENCE Experience working with processes, guidelines, and audit regulations of various agencies such as Caltrans, LA County METRO, Orange County Public Works, City of Pasadena, City of Santa Monica, Cucamonga Valley Water District, amongst numerous other municipalities, and private entities. Experience coordinating with state and local entities, large corporations, rail, and utility companies. Packet Page. 859 SCEG 23975 PARK SORRENTO, SUITE 210 •CALABASAS, CALIFORNIA 91302 818.224.2700 •WWW.SCEGINC.COM PETER A.KRAUT,P.E.–President, Principal in Charge Peter worked for several Los Angeles based firms in the 1990’s where he earned his license as a Professional Engineer. He founded South Coast Engineering Group in 2001, is licensed in 26 states and holds a seat on the City of Los Angeles Technical Advisory Committee. His vast project experience includes thousands of projects including convention centers, museums, theaters, office buildings, restaurants, high rise hotels, hospitals and more. He practices environmentally conscious design and participated in the design of California’s first LEED Platinum building. Education Bachelor of Science in architectural engineering with honors, 1991 Wentworth Institute of Technology, Boston, MA University of Lowell, Lowell, MA Civil Engineering Studies, Los Angeles, California, 1985 to 1987 Carrier’s Technical Development Program,Los Angeles, California, 1999 License Professional Engineer, Mechanical, State of California –No. M-31498 Professional Engineer, Mechanical, in 25 other US States Experience South Coast Engineering Group, Inc. April 2001 to Present ME Engineers (Hayakawa Associates) May 2000 to April 2001 Syska & Hennessy April 1997 to May 2000 Gary Walker and Associates February 1995 to April 1997 Significant 6533 Hollywood Blvd, Los Angeles, California (Historic) Renovation Embassy Suites Mandalay Beach, Oxnard, California Projects Farmers Market Building A, Los Angeles, California Hotel Californian, Santa Barbara, California (Historic) Hyatt Regency Embarcadero, San Francisco, California Hyatt Regency Maui Resort and Spa, Kaanapali, Hawaii Le Meridien Hotel, San Francisco, California Los Angeles Tennis Club, Los Angeles, California Modern Hotel, Honolulu, Hawaii Pan Pacific Hotel, Seattle Washington Phoenician Hotel and Spa, Scottsdale, Arizona Paramount Pictures Lubitsch Building, Los Angeles, California Paramount Pictures Ball Building, Los Angeles, California Paramount Pictures Bluhdorn Building, Los Angeles, California Park Hyatt, Beaver Creek, Colorado SLS Hotel, Los Angeles, California Sedona Rouge, Sedona, Arizona Sierra Nevada Resort and Spa, Mammoth Lakes, California Union Station Restrooms, Los Angeles, California (Historic) Ventura County Museum Addition, Ventura, California Wyndham Hotel, Santa Monica, California Packet Page. 860 SCEG 23975 PARK SORRENTO, SUITE 210 •CALABASAS, CALIFORNIA 91302 818.224.2700 •WWW.SCEGINC.COM WILLIAM L.SILER –Director of Plumbing Engineering Bill’s practical career has spanned well over 3 years having started in construction and making the shift to engineering over 25 years ago. He has served as the President for the Los Angeles Chapter of the American Society of Plumbing Engineers and is still active in the organization. Bill took advantage of every cross training opportunity and has competency in plumbing, HVAC and electrical. Through exceptional project management skills, he has developed a loyal client base while maintaining the confidence of his design team. As one of the earliest Beta testers of AutoCAD’s 3D software, he is the consummate leader for an office that strives to produce accurate and viable construction documents. As the industry has shifted to Revit, Bill was again an early adopter and has expertise in the changing in technologies and industry standards for construction documents and modeling. Education Plumbing Systems Design, Glendale Community College, California 2001-2002 Architectural Drafting, Moorpark Community College, California 1994-1995 Revit Modeling of MEP Systems, LA CAD, Los Angeles, California 2008 Experience South Coast Engineering Group January 2002 to Present Ace Engineering June 1999 to January 2002 Syska & Hennessy July 1997 to June 1999 Gary Walker and Associates February 1995 to April 1997 Significant 6533 Hollywood Blvd, Los Angeles, California (Historic) Renovation Embassy Suites Mandalay Beach, Oxnard, California Projects Fairmont Kea Lani, Wailea, Hawaii Farmers Market Building A, Los Angeles, California Hotel Californian, Santa Barbara, California (Historic) Hyatt Regency Embarcadero, San Francisco, California Hyatt Regency Maui Resort and Spa, Kaanapali, Hawaii Le Meridien Hotel, San Francisco, California Los Angeles Tennis Club, Los Angeles, California Modern Hotel, Honolulu, Hawaii Pan Pacific Hotel, Seattle Washington Phoenician Hotel and Spa, Scottsdale, Arizona Paramount Pictures Lubitsch Building, Los Angeles, California Paramount Pictures Ball Building, Los Angeles, California Paramount Pictures Bluhdorn Building, Los Angeles, California Park Hyatt, Beaver Creek, Colorado SLS Hotel, Los Angeles, California Sedona Rouge, Sedona, Arizona Sierra Nevada Resort and Spa, Mammoth Lakes, California Union Station Restrooms, Los Angeles, California (Historic) Ventura County Museum Addition, Ventura, California Wyndham Hotel, Santa Monica, California Packet Page. 861 SCEG 23975 PARK SORRENTO, SUITE 210 •CALABASAS, CALIFORNIA 91302 818.224.2700 •WWW.SCEGINC.COM VINCENT W.WATERS,P.E.–Director of Electrical Engineering Vince has over 40 years of Electrical Engineering work experience and is actively licensed in 14 states. Vince came to South Coast Engineering Group many years ago after owning and operating his own firm, Waters Engineering, for 17 years in Visalia, California. He brings with him extensive expertise in project management, institutional projects and quality control, and he thrives on complex power distribution projects. He has served as the Vice-President of the Association of Consulting Electrical Engineers and diligently pursues continuing education through the International Association of Electrical Inspectors. Education Bachelor of Science in electrical engineering, 1995 California State University, Fresno, CA Associate of Applied Science in electronics engineering, 1976 Southwestern Technical Institute, Webster, NC License Professional Engineer, Electrical, State of California –#E 14975 Professional Engineer, Electrical, in 13 other US States Experience South Coast Engineering Group January 2012 to Present Waters Engineering, Inc. September 1995 to December 2012 Teter Consultants June 1996 to September 1998 Cornelius Consulting Group, Inc. June 1989 to June 1996 Significant 6533 Hollywood Blvd, Los Angeles, California (Historic) Renovation Embassy Suites Mandalay Beach, Oxnard, California Projects Farmers Market Building A, Los Angeles, California Hotel Californian, Santa Barbara, California (Historic) Hyatt Regency Embarcadero, San Francisco, California Hyatt Regency Maui Resort and Spa, Kaanapali, Hawaii Le Meridien Hotel, San Francisco, California Los Angeles Tennis Club, Los Angeles, California Modern Hotel, Honolulu, Hawaii Pan Pacific Hotel, Seattle Washington Paramount Pictures Lubitsch Building, Los Angeles, California Paramount Pictures Ball Building, Los Angeles, California Paramount Pictures Bluhdorn Building, Los Angeles, California Park Hyatt, Beaver Creek, Colorado SLS Hotel, Los Angeles, California Sedona Rouge, Sedona, Arizona Sierra Nevada Resort and Spa, Mammoth Lakes, California Union Station Restrooms, Los Angeles, California (Historic) Ventura County Museum Addition, Ventura, California Wyndham Hotel, Santa Monica, California Packet Page. 862 (714) 982-5800 www.plannet.com Jorge Meraz, RCDD Project Manager, Infrastructure VP/Senior Principal Areas of expertise •Needs Assessments •System Design •System Integration •Estimating/Budgeting •Acquisition Management •Implementation Project Management and Oversight Certifications: •Registered Communication Distribution Designer (RCDD) •BICSI Project Management Certificate •Cerritos College, LAN- WAN Certification Professional Affiliations: •BICSI •AVIXA Jorge Meraz brings over 20 years of electrical, structured cabling, information systems and telecommunications experience, with a primary emphasis on data communications (inside/outside plant), and technology infrastructure projects to PlanNet. Jorge expertise also includes needs assessment, sys tems design, project estimating, and project management for multi-disciplined projects. He is an excellent communicator and is skilled in dealing with both management and technical personnel. In addition, Jorge brings extensive expertise in the installation of communications cabling infrastructures and an in-depth understanding of the variety of products offered. Project Experience Cerritos Community College District, Norwalk, CA Project Manager and Infrastructure Consultant for multiple projects including: •Campus Wide Emergency Blue Phone system design •Health Wellness Complex– five new buildings totaling 76,000 GSF. •Performing Arts Center– 400-seat proscenium theater, 150-seat black box theater, and 100-seat lecture hall. Compton Community College District Compton Community College Little Theatre, Compton, CA Project Manager for the voice/data/cabling infrastructure and the audio visual systems design and implementation oversight for THE theatre renovation project. PlanNet designed new projectors, sound system, and made a multi- purpose room to facilitate plays, town hall meetings, etc. Along with the AV upgrades, PlanNet also upgraded the network infrastructure, cabling, WAP’s, fiber and IDF. Southern California Gas Company “SmartStack”, Los A ngeles, CA Project Manager and Cabling Infrastructure Designer for the 400,000 SF, 15 floor tenant improvement project, which relocated approximately 2,500 employees. Compton College, Phase 1 and 2 OSP Infrastructure, Compton, CA Project Manager/Designer providing design and implementation oversight of campus outside plant (OSP) infrastructure. Upgraded their legacy backbone cabling with new single mode fiber and multi-pair copper cabling. Packet Page. 863 (714) 982-5800 www.plannet.com Christian Madarang, DMC-E-4K,Director, Principal Audiovisual Consultant Education: •Bachelor of Science Degree in Electrical Engineering, Minor in Mathematics, California State University, Los Angeles •Certification in Basic Use of AutoCAD, Southern California Regional Occupational Center Certifications: •Crestron Master Certified Programmer •Crestron DMC-E-4K •Crestron DM-NVX Networking •Extron Control Professional •Biamp TesiraFORTE •Q-SYS Level 1 •Audinate Dante Level 2 Christian is an audiovisual industry expert with extensive experience in the customer, manufacturing, integration, and design sides of the industry. He is able to leverage his diverse experience, ability to learn & adapt quickly, to develop & fostering professional relationships as an audiovisual consultant. Project Experience Dine Brands, Los Angeles, CA AV Consultant for Dine Brand’s new 80,00 SF headquarters for the parent company of Applebee’s Grill + Bar and IHOP. PLANNET’s SOW included the design, bid management and construction administration for wired/wireless voice- data infrastructure, audiovisual systems, physical security and heat mapping for WAP placement. Scope included the design of Test Kitchens, Presentations Rooms, a Board Room and a 1,300 SF Town Square Room. TCW Relocation Project, Los Angeles, CA AV Consultant for TCW’s relocation to a 140,000 SF five floors space at City National Plaza. The facility includes offices, meeting and support spaces, a Trading floor, a Cyber Security Lab and Command Center, and an 8,000 SF client reception and conference area. PLANNET'S scope included the design, bid management and Construction Administration of the Wired and Wireless voice/data cable infrastructure, technology rooms, Audiovisual systems, and Physical Security systems. Sony Pictures Animation, Imageworks, & Crunchyroll, Los Angeles, CA AV Consultant for the consolidation of 3 organizations that are co-locating to (4) floors at a 170,000 SF office space. Specialty Programs include a double height screening room, and acoustic sweatbox / writing / review rooms, in addition to typical TI programs of offices, conference rooms and open work areas. PLANNET's scope includes the design, bid management and Construction Administration of Audiovisual systems, Physical Security Systems and Wired and Wireless voice/data cable infrastructure, and technology rooms. Sony Music Publishing, Hollywood, CA Project Manager and Audiovisual consultant for Sony Music Publishing relocation to a 30,000 SF facility where approximately 5,000 SF is dedicated to writers’ rooms. Additionally, the space includes a recording studio, a coffee and food bar, as well as back of house amenities that fosters to artists. PLANNET’s SOW includes the the design, bid management and implementation oversight of the Wired and Wireless voice/data cable infrastructure, technology rooms, Audiovisual systems (including Soundmasking). Packet Page. 864 (714) 982-5800 www.plannet.com Warner Bros. Discovery, San Francisco, CA Warner Bros. Games and Discovery relocated into Bleacher Report’s current San Francisco facility. The three Warner Bros. Discovery (WBD) organizations consolidated into a 34,000 RSF agile work environment on 3 floors and a mezzanine in the historic facility. PLANNET's scope of work included Wired and Wireless voice/data cable infrastructure and CATV/SATV cabling for the building interior, as well as design of the technology rooms, Audiovisual systems, AV cabling and AV infrastructure, Security Infrastructure, and a Warner Bros. Games server migration assessment. Evite, Glendale, CA Evite is the world's leading digital platform for bringing people together, offering thousands of digital invitations with free RSVP tracking and multiple ways to send invitations. Evite purchased a building in Glendale and relocated to the second and third floors consisting of 23,000 SF office space. The second floor is more event oriented, where Evite can host parties and flex space/gaming lounge, photo studio, glam room, wellness room, kitchen which will include photo shoots, and a flexible theater area and DJ booth. The third floor includes workstations, multiple conference rooms, an All-Hands space, collaboration areas, and an enclosed outdoor patio. PLANNET oversaw the design of the Wired and Wireless voice/data cable infrastructure and CATV/SATV cabling for the building interior, as well as design of the technology rooms, Audiovisual systems, AV cabling and AV infrastructure, Security Systems and Infrastructure. Packet Page. 865 (714) 982-5800 www.plannet.com Danny Kim,Principal Audiovisual Consultant Background Areas of expertise: •Needs Assessments •System Design •System Integration •Estimating/Budgeting •Acquisition Management •Implementation Project Management and Oversight Knowledge base: •Complex Audiovisual Systems •Broadcast Facilities •Office Construction Planning and Development •Virtualization and Cloud Computing •Video, Voice and Data Networks both Local and Wide Area Networks Danny Kim has over 25 years of professional hands-on experience in technology environments. Prior to PLANNET, Danny held Executive-level IT positions in Healthcare (Ellison Institute for Transformative Medicine ), Gaming (Riot Games, Electronic Arts ),and Advertising (Saatchi & Saatchi, Team One) industries. Danny leverages his extensive technology experience into the delivery of creative yet cost effective system solutions to clients. Danny’s ability to manage large-scale and technically complex projects while fostering innovation and creating “a simplified uniform user AV experience” is the foundation of his outstanding track record. Project Experience ARAMCO Office Project – Riyadh, KSA Audiovisual Consultant for ARAMCO’s new office located with the King Abdullah Financial District (KAFD). PLANNET is designing the wired/wireless voice-data cable infrastructure, and audiovisual and Security systems to redesign the tower to a world-class headquarters. ARAMCO’s new Riyadh office will incorporate leading edge technology to promote the company’s culture, productivity, and collaboration. Eastown South Mixed-Use Development, Hollywood, CA Audiovisual Consultant for a new mixed-use development with residential (500 apartments) and retail components and parking. Danny was responsible for the planning, design and implementation oversight for the audiovisual systems and infrastructure. Sony Pictures Entertainment, Culver City, CA Jimmy Stewart Building & Executive Office Building Audiovisual Consultant/Designer for Sony’s 218,000 SF ground-up, 8-story building. The project features include a large 3x3 LG video wall in a staired viewing, a private screening room using state-of-the-art Dolby Atmos technology. Audiovisual Consultant/Designer for the executive of fice and conference rooms for Sony’s new CEO. Riot Games, Los Angeles, CA Technology Project Manager and Audiovisual Designer for Riot Games’ relocation to a 265,000 SF, 5-building campus and the design of the separate 80,000 SF Westside Media Center which houses the 10,000 sf Battle Arena and production spaces. The combined sites include a 1,300 SF server room, a 1,675 SF NOC, theaters, sound rooms, composing rooms, mastering rooms, production and audio control rooms, and edit rooms. OGN Super Arena, Manhattan Beach, CA Audiovisual Consultant/Designer for the OGN Super Arena, the Korean company's first North American studio. The arena can seat up to 100 competitors and about 500 audience members, making it the largest Esports studio arena on the West Coast el is a 270-degree LED screen that wraps around the stage. PLANNET’s services included the design and installation of the wired/wireless voice -data infrastructure and AV design. Packet Page. 866 (714) 982-5800 www.plannet.com North Los Angeles County Regional Center (NLACRC); Lancaster, CA Audiovisual Consultant for NLACRC’s relocation from Chatsworth to a 38,288 SF facility in Lancaster. PLANNET’s services included the design, bid assistance and Construction Administration of the Wired and Wireless voice/data cable infrastructure, technology rooms, audiovisual systems and physical security systems. City of Pasadena Council Chambers, Pasadena, CA Audiovisual consultant for the City’s Council Chamber’s upgrade project. PLANNET’s SOW included programming, design, bid assistance and implementation oversight. PLANNET is currently engaged to assist the City with upgrading the original design, and includes integration of Zoom for online remote participation. Los Angeles Public Library Digital Media Labs – Central & Pio Pico, Los Angeles, CA LAPL’s new Digital Media Labs bridge the digital divide by providing free access to and training in the use of digital media technology such as 3D printing, film-making and editing, digital music creation, podcasting, photo editing, graphic design, robotics, coding, gaming, digital processing, and computer programming. PLANNET’s services included audiovisual and voice/data infrastructure design, bid management and construction administration for which Danny served as the audiovisual consultant. Warner Bros. Discovery, San Francisco, CA Warner Bros. Games and Discovery relocated into Bleacher Report’s current San Francisco facility. The four Warner Bros. Discovery (WBD) organizations consolidated into a 34,000 RSF agile work environment on 3 floors and a mezzanine in the historic facility. PLANNET's scope of work included Wired and Wireless voice/data cable infrastructure and CATV/SATV cabling for the building interior, as well as design of the technology rooms, Audiovisual systems, AV cabling and AV infrastructure, Security Infrastructure, and a Warner Bros. Games server migration assessment. Honey Science (PayPal), Los Angeles CA Audiovisual Consultant/Designer for this online company’s relocation to their 120,000 sf, 4-floor headquarters in the downtown Arts District. Services included design, bid management and implementation oversight of wired/wireless voice-data infrastructure and audiovisual systems. The design included Zoom Rooms, Grand Staircase, Game Room, and an all hands Penthouse event space with a 13’x8’ LED videow all for presentations Colony Capital, Los Angeles, CA Project Manager and AV Consultant for the 40,000 SF office relocation project into a newly designed central hub in downtown Los Angeles. Starz Entertainment, Santa Monica, CA Audiovisual Consultant for the 60,000 SF Tenant Improvement project. The design included conference/meeting rooms, huddle spaces, board room, collaborative areas, edit bays, sever room, all hands space, and pantry areas, as well as a Digital Dolby Atmos Theater. Packet Page. 867 (714) 982-5800 www.plannet.com Rockstar Games, Carlsbad, CA Planning, AV design, bid assistance and implementation oversight of audiovisual systems for Rockstar Games’ new 2-story, 83,000 RSF office space. The new Carlsbad headquarters will be a state of the art facility creating an open, energetic, innovative and healthy workplace. Headspace, Santa Monica, CA Audiovisual Consultant for the 35,000 SF Tenant Improvement project, as well as AV upgrades to the existing 35,000 SF space. The design included conference/meeting rooms, huddle spaces, collaborative areas, and all hands space. The program required simplified Design Parameters and a Consistent user experience among differing room types. Global Eagle Headquarters, Los Angeles, CA Audiovisual consultant responsible for the design of the audio-visual systems for Global Eagle’s 30,000 SF HQ. Audiovisual spaces included Edit Rooms, Board Room, numerous conference room and Huddle Rooms. Konami Production Facility, Playa Vista, CA Audiovisual consultant for Konami Digital Entertainment’s first US studio and production facility. The audiovisual design for the 56,900 SF facility included the video- teleconferencing rooms, cafeteria, outdoor patio, open office space, all-hands presentation balcony, video game testing and observation rooms, rack rooms, and a cinema screening room. Imagine Entertainment, Beverly Hills, CA Audiovisual Consultant for the 23,000 SF office relocation project. The project consisted of 11 unique AV systems across 38 rooms, including two executive offices with very different needs, as well as lighting integration and a strong focus on high-fidelity audio in the main conference room. ICM Partners New York Relocation, New York, NY Audiovisual Subject Mater Expert for the new 20,000 SF office space. The project consisted of two floors, 65 offices, 62 workstations, one large conference room, and two small conference rooms. The Honest Company Headquarters Relocation, Playa V ista, CA Audiovisual Subject Matter Expert for the audiovisual systems for the new 73,000 SF headquarters. Broad Museum, Los Angeles, CA Audiovisual Consultant for the AV systems and infrastructure for the new 46,000 SF Museum. Chaffey High School Gardiner W. Spring (GWS) Audito rium Modernization, Ontario, CA Packet Page. 868 (714) 982-5800 www.plannet.com Audiovisual Consultant for the modernization of the 2,000-plus seat auditorium; providing audio visual system analysis, modeling and design services. Compton Community College Little Theatre, Compton, CA Audiovisual Consultant for the audiovisual systems design and implementation oversight for a 4,000 SF single story theatre renovation project. PLANNET designed new projectors, sound system, and made a multi-purpose room to facilitate plays, town hall meetings, etc. Hulu Expansion, Santa Monica, CA Project Manager and Audiovisual Design Consultant responsible for creating audio visual standards to support the expansion of Hulu’s current 90,000 SF office. Warner Bros. Gaming, Burbank, CA Audiovisual Consultant for the design of the company’s new 40,000 SF office which supports a bring-your-own-device (BYOD) environment, which permits users to easily integrate disparate devices (PCs, MACs, tablets, etc.) with the audio visual systems, and evaluation of technologies such as Perceptive Pixel, Lync whiteboard - videoconferencing - roundtable-real-time notes and drawing on TV, table and phones. Giant Magellan Telescope (GMTO) Relocation, Pasadena, CA Project Manager for the 45,000 SF office relocation project. PLANNET provided design and implementation oversight of voice/data cable infrastructure, audiovisual and security systems. Uber, Santa Monica, CA Project Manager and AV Design Consultant for the 35,000 SF office relocation project. PLANNET provided structured communications cabling, audiovisual and security systems design and oversight. Riot Games •Global Offices Build Technology Project Manager for the build of Riot Game offices in Seoul, Hong Kong, Dublin, Sao Paulo, Istanbul, Sydney, and New York. •New Los Angeles Headquarters Core Team Leader for the Riot Games 385,000 SF headquarters project in Los Angeles, California. Riot Games Manhattan Beach Broadcast Studio, Manhat tan Beach, CA •Global Master Control Room Design and build of a global master control room at the Manhattan Beach Broadcast Studios where this stage became the home for the 2014 League of Legends Championship Series. •Global Fiber Network Designed a global fiber network with Zayo that allow ed the master Packet Page. 869 PRINCIPAL RYAN CRAVEN,CPE, CMIT HLCM - COST ESTIMATING HLCM was founded on the basis of providing preconstruction cost estimating for Public Works clients in Southern California. HLCM provides cost estimating services for planning and development of municipal facilities, infrastructure, and sustainability. HLCM provides cost management on scope and budget development, feasibility studies, and milestone estimating for a wide range of City facilities. Our diverse team has dedicated cost consultants providing project controls on many publicly funded projects which gives our ﬁrm unique experience and collective expertise that we will incorporate throughout our engagement of your project. We have assembled a team of LEED certiﬁed and civic experts who understand the need to develop a comprehensive budget goal and cost-eective solutions for our public works community. SBE CERTIFICATION ID: 2009870 TEL: 949.584.5667 EMAIL: RCRAVEN@HLCMINC.COM City of Covina City Hall, Police Department Emergency Operations Center City of Jurupa Valley City Hall City of Newport Beach Public Library and Lecture Hall City of San Juan Capistrano City Hall City of Santa Ana Orange Civic Center Building 14 and 16 City of Westminster City Hall and Police Department RELEVANT EXPERIENCE Ryan has over 17 years of preconstruction cost estimating consulting services for Public Works clients in Southern California, as an engaged leader and expert in the ﬁeld. He understands the preconstruction eort of publicly funded projects, and the challenges and cost implications of the planning and design. He is a leading advocate for the engagement of architectural and engineering specialists early on in the design process and leverages this approach for scope development in a continuous veriﬁcation process, implementing cutting-edge data collection and cost analysis accurately at each phase of the project. As Principal of HLCM, Ryan oversees a premier estimating team with collective experience in independent cost analysis, constructability review, and budget development. Ryan has demonstrated specialized experience managing budget development for City Halls. His background includes estimating on a wide range of City facilities, exterior and interior renovations, parking lots, ADA upgrades, utility infrastructure, making a signiﬁcant contribution on managing and creating cost-eective solutions on th e construction costs. Ryan and our HLCM team have a long-standing partnership with our design teams, providing our clients with the full beneﬁt of a diverse team format. Our partnership has served as an integral beneﬁt to our clients, because we both understand the elements of modernization architecture, share the core principles of working closely together during the design phase, investigating assumptions, and communicating budget concerns during scope development. EDUCATION Bachelor of Science Construction Engineering National University CAREER SUMMARY 2006:Started in industry 2016:Started at HLCM AFFILIATIONS American Society of Professional Estimators (ASPE) Member AFFILIATIONS Assoc. for the Advancement of Cost Engineers (AACE) Member Packet Page. 870 APPENDIX B ARPA FORMS Packet Page. 871 Addendum #3 Clarification: The RFP shall be labeled “RFP F-23-80” Professional Design Engineering Services. Addendum #4 ARPA Language Replacement Clarification: The ARPA language below will replace the language included in the original RFP. GENERAL PRINCIPLES CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSULTANT shall also certify that none of the proposed equipment or services are produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or produced by an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country in accordance with 2 CFR 200.216. In order to ensure objective contractor performance and eliminate unfair competitive advantage, CONSULTANT must certify that they did not assist in the development of draft specifications, requirements, statements of work, or invitations for bids or requests for proposals for the project. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Dunbar Architecture 11/21/2023 Jennifer Dunbar, Principal Packet Page. 872 NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONSULTANT discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, disability, medical condition, sexual orientation, gender identity, or marital status. These actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONSULTANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Dunbar Architecture 11/21/2023 Jennifer Dunbar, Principal Packet Page. 873 MBE and WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women- owned business enterprises in the City's procurement process. CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the names of all consultants, advisors and contractors hired for the proposed services and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637). CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women’s business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by: (a) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; (b) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises; (d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women’s business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Dunbar Architecture 11/21/2023 Jennifer Dunbar, Principal Packet Page. 874 MBE and WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders. CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of a contract. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Dunbar Architecture 11/21/2023 Jennifer Dunbar, Principal Packet Page. 875 MBE and WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS FEDERAL-AID CONTRACTS CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Dunbar Architecture 11/21/2023 Jennifer Dunbar, Principal Packet Page. 876 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON FOLLOWING PAGE) 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Dunbar Architecture 11/21/2023 Jennifer Dunbar, Principal Packet Page. 877 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145). 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Packet Page. 878 NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this document, to the best of his or her knowledge and belief, that: (l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Business Name: Date: By: Name and Title of Authorized Representative Signature of Authorized Representative Dunbar Architecture 11/21/2023 Jennifer Dunbar, Principal Packet Page. 879 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier , if known Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10.a. Name and Address of Lobby Registrant 10.b. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form – LLL (Rev. 7-97) Packet Page. 880 INSTRUCTIONS FOR C OMPLETING SF-LLL, D ISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state, and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence the covered federal action. Packet Page. 881 1 8 2 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya , City Manager; Lynn Merrill, Director of Public Works, Operations and Maintenance Department:Public Works Subject:Purchase of Avant (Mini-Loader) from Volvo Construction Equipment and 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 the purchase of the Avant Compact Wheel Loader (mini loader) and related equipment attachments, as approved for funding through the FY 2023/24 Operating Budget; 2. Authorize the Director of Finance to issue a purchase order in the amount of $170,000 to Volvo Construction Equipment and Services for the purchase of the Avant Compact Wheel Loader and related attachments. Executive Summary A purchase order in the amount of $170,000 is requested for the purchase of the Avant mini loader and related equipment attachments. The Avant mini loader is necessary to improve the City‘s attractiveness and cleanliness. Funding for this purchase was authorized by City Council as part of the Strategic Initiatives Plan (Quality of Life) discussed at the Mayor City Council meeting in September of 2023. Adoption of the Strategic Initiatives Plan took place on the October 4, 2023, Mayor and City Council meeting. Background Packet Page. 882 1 8 2 7 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 September of 2022, the division was assigned duties related to homeless encampment clean-up and a new Encampment Clean Up work section was established. This new section is still in the process of being staffed with new employees and equipment is currently being purchased to assist in their clean-up duties. This equipment purchase is part of our efforts to properly equip this new work section to improve cleanliness throughout the City. Discussion The City of San Bernardino cleans-up/clears nearly 3,800 homeless encampments annually. These encampments generally include litter and debris and are often found in hard-to-reach locations that require challenging manual labor. Recently, the city purchased an Avant mini-loader to assist the Urban Forestry department with removal of trees and brush in areas that are challenging to access. The mini loader quickly proved to be remarkably effective in our clearing efforts and vastly improved the efficiency of Urban Forestry operations. It also significantly reduced the physical labor required of employees performing those duties. On several occasions, the new Encampment Clean Up work section borrowed the Avant mini loader and quickly discovered it also vastly improved their clean-up operations and made their work much safer. The mini-loader was also particularly effective in down-slopes, ravines, and tight spaces. As a result of its performance, Staff recommended the purchase of another mini-loader for full-time use in the Encampment Clean Up Section during a special workshop meeting with the City Council--to which they unanimously agreed. To ensure our city efficiently and safely cleans-up homeless encampments, Staff is requesting $170,000 for purchase of an Avant Compact Wheel Loader and related attachments. The Operations and Maintenance Division of Public Works worked with the Finance Department and determined the purchase of the Avant Compact Wheel Loader could be accomplished via a sole-source purchase. The sole-source status is justified as a result of the very unique features of the Avant. It is turf-friendly, less intimidating than larger equipment, has proprietary articulating features, and has hundreds of available attachments for use in other work tasks such as pressure washing, pothole patching, tree stump grinding, and sidewalk sweeping, to list a few. Staff is confident that the supplier of the Avant, Volvo Construction and Equipment Services of Corona, California, will be able to deliver the new loader in a timely manner once the purchase order is established. In addition, they provide warranty and maintenance services should they be required. 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 purchase will reduce the risk of potential liability associated with injuries to employees due to extensive and challenging manual work and will reduce the amount of open work order requests. It is Packet Page. 883 1 8 2 7 also aligned with Key Targets 3c & 3d: Evaluate and enhance the quality of public safety services and Improve the City’s appearance, cleanliness, and attractiveness. Fiscal Impact The General Fund impact is $170,000 and is appropriated in the FY2023/24 budget. The purchase order amount of $170,000 will allow for the purchase of additional attachments for the Avant – such as pressure washing bars, grapple, and buckets. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute the purchase of the Avant Compact Wheel Loader (mini loader) and related attachments as approved for funding through the FY 2023/24 Operating Budget; 2. Authorize the Director of Finance to issue a purchase order in the amount of $170,000 to Volvo Construction Equipment and Services for the purchase of the Avant Compact Wheel Loader and related attachments. Attachments Attachment 1 Photos of Avant Compact Wheel Loader Attachment 2 Quote from Volvo Attachment 3 Sole Source Justification Letter Ward: All Wards Synopsis of Previous Council Actions: Resolution No. 2022-47 Purchase of Avant Compact Wheel Loader and Related Attachments. Packet Page. 884 Attachment 1 Avant Compact Wheel Loader (Mini-Loader) Beautification Project at Nunez Park Pressure Washing at City Hall Encampment Clean Up at Alley Loading Debris onto Dump Truck Packet Page. 885 Packet Page. 886 Packet Page. 887 Packet Page. 888 Packet Page. 889 1 8 5 5 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Ben Reynoso, Council Member, 5th Ward Department:Council Office Subject:Revisit Tow / Tow Yard Contracts and Parameters for Enforcement (All Wards) – Council Member Reynoso Packet Page. 890 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya , City Manager Department:City Manager's Office Subject:Downtown San Bernardino Property Based Improvement District (PBID) Feasibility Study and Formation Process (Ward 1) – City Manager Packet Page. 891 1 8 5 4 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Department:City Manager's Office Subject:Adopt 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, adopt 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 Ordinance No. MC-1626 amends the San Bernardino Municipal Code (SBMC) to allow the time of regular meetings to be established by resolution. The ordinance also updates the location of regular meetings to the Feldheym Library and codifies for how special meetings may be called. It is important to note that adopting Ordinance No. MC-1626 does not change the time of regular meetings, it only makes the process for doing so quicker and more efficient in the future. A recommendation to establish a new regular meeting time is being included as a separate item on the February 21, 2024, Mayor and City Council Agenda. 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 P.M. for closed session and 7:00 P.M. for open session. Prior to the adoption of MC-1511, closed session commenced at 4:00 P.M., followed by open session at 5:00 P.M. 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 P.M. and the open session start time to 5:30 P.M. 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. 892 1 8 5 4 On January 17, 2024, the Mayor and City Council introduced, read by title only, and waived 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. Under the ordinance, the time of regular meetings will now be established by a resolution that is adopted by a majority vote of the City Council. Additionally, the ordinance updates the location of regular meetings and codifies for how Special Meetings may be called. Discussion Ordinance No. MC-1626 streamlines the process for establishing the time of regular meetings, where it shall now be established by resolution. It is important to emphasize that adopting Ordinance No. MC-1626 does not change the time of regular meetings, it only makes the process for doing so quicker and more efficient. To make any future changes to the regular meeting time, Council will now only need to adopt a resolution. Current and Past Process Currently, the regular meeting time is explicitly stated in the text of the SBMC itself, where the times for both Closed Session and Open Session are individually specified as starting at 5:30 P.M. and 7:00 P.M., respectively: 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, San Bernardino, California, or such other location within the City as may be properly noticed. As a result, whenever there is a desire to change the regular meeting time, the text of the SBMC itself must be amended. This requires the adoption of an ordinance, which is a multi-step process that includes: 1) introducing an ordinance through a first reading at a council meeting, 2) adopting the ordinance (provided there were no changes) at a second council meeting, and 3) waiting an additional 30 days for the ordinance to become effective. Future Process The way Ordinance No. MC-1626 streamlines the process is by removing the time from being explicitly stated in the text of the SBMC itself. Instead, as it pertains to the time of regular meetings, the SBMC will now state: The time of regular meetings shall be set forth in a Resolution adopted by a majority vote of the membership of the Council. As a result, any future changes to the regular meeting time will no longer require adopting an ordinance since the text of the SBMC itself will not have to be amended. Establishing new meeting times will now be accomplished through a resolution, which Packet Page. 893 1 8 5 4 can be adopted in one meeting and made effective for the very next meeting. This streamlined process has been adopted by a majority of the cities in San Bernardino and Riverside Counties, where 57% have amended their municipal codes to set the time of regular meetings by resolution. Ordinance No. MC-1626 also updates the SBMC to more accurately reflect the location of regular meetings, which take place at Feldheym Library. Additionally, the ordinance codifies that special meetings may be called by the Mayor, called by four (4) members of the Council, or scheduled by the City Manager. A recommendation to establish a new regular meeting time is being included as a separate item on the February 21, 2024, Mayor and City Council Agenda. This is being done to help distinguish between streamlining a process (adoption of Ordinance No. MC-1626) and establishing a new regular meeting time (adoption of a resolution). The first regular meeting that would be subject to any new starting time would be the April 3, 2024, meeting, as the ordinance establishing this streamlined process will not take effect until 30 days after its 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, adopt 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. 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: January 17, 2024 Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MC-1626 amending Packet Page. 894 1 8 5 4 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. 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. 895 Ordinance No. MC-1626 1 3 9 0 5 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. 896 Ordinance No. MC-1626 2 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. 897 Ordinance No. MC-1626 3 3 9 0 5 Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney Packet Page. 898 Ordinance No. MC-1626 4 3 9 0 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-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 Packet Page. 899 3 9 0 3 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. 900 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. 901 (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. 902 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. 903 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Suzie H. Soren, Deputy City Manager Department:Human Resources & Risk Management Subject:Adopt 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, adopt 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. Executive Summary Adopting Ordinance MC-1625 with update references to the Departments of Community Development and Housing, Economic Development, Finance and Human Resources in the San Bernardino Municipal Code. 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 Packet Page. 904 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 Resources and Risk Management, and the Finance Department to Finance and Management Services. On January 17, 2024, the City Council introduced, read by title only, and waived further reading of 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 Discussion The Ordinance changes the following in the City’s Municipal Code: •All references to Department of Finance will be updated to Department of Finance and Management Services •All references to Director of Finance will be updated to Director of Finance and Management Services •All references to Department of Human Resources will be updated to Department of Human Resources and Risk Management •All references to Director of Human Resources will be updated to Director of Human Resources and Risk Management •The Department of Community Development will be divided into the Department of Community Development and Housing and the Department of Economic Development. All references will be subsequently updated. 2021-2025 Strategic Targets and Goals Updating the City of San Bernardino’s Municipal Code 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 for amending the City of San Bernardino’s Municipal Code. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt 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 Packet Page. 905 various City departments and department heads. Attachments Attachment 1 – Ordinance MC-1625 Ward: All Wards Synopsis of Previous Council Actions: On January 17, 2024, the City Council introduced, read by title only, and waived further reading of 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. Packet Page. 906 Ordinance No. MC-1625 3 9 1 1 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 Packet Page. 907 Ordinance No. MC-1625 3 9 1 1 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. Packet Page. 908 Ordinance No. MC-1625 3 9 1 1 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. Packet Page. 909 Ordinance No. MC-1625 3 9 1 1 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: Packet Page. 910 Ordinance No. MC-1625 3 9 1 1 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 Packet Page. 911 Ordinance No. MC-1625 3 9 1 1 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. 912 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. 913 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. 914 1 8 5 4 DISCUSSION City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Department:City Manager's Office Subject:Adopt Resolution No. 2024-029 Establishing the Times of Regular Meetings (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-029 establishing the time of regular meetings. Executive Summary The resolution establishes the time of regular meetings as follows: the Regular Open Meeting (“open session”) may begin no earlier than 5:00 P.M.; closed sessions may be conducted prior to and/or immediately after open session, but no earlier than 4:00 P.M.; and study sessions, if scheduled, may be begin no earlier than 2:00 P.M. The resolution also establishes that all meetings are scheduled to terminate at 10:00 P.M., unless extended by a majority vote of the Council. 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 P.M. for closed session and 7:00 P.M. for open session. Prior to the adoption of MC-1511, closed session commenced at 4:00 P.M., followed by open session at 5:00 P.M. 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 P.M. and the open session start time to 5:30 P.M. 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. On January 17, 2024, the Mayor and City Council introduced, read by title only, and waived 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. Under the ordinance, the time of regular meetings will now be established by a resolution that is adopted by a majority vote of the City Packet Page. 915 1 8 5 4 Council. Additionally, the ordinance updates the location of regular meetings and codifies for how Special Meetings may be called. Discussion Currently, the time of regular meetings for the Mayor and City Council provides little- to-no flexibility as currently structured, where Closed Session is explicitly stated to begin at 5:30 P.M. and Open Session at 7:00 P.M. There is no consideration for study sessions, and no allowance for Closed Session to follow Open Session. Any deviation from this structure requires holding a Special Meeting, which can pose additional constraints and challenges. To provide greater flexibility for the Mayor and City Council to conduct City business, the resolution that is recommended for adoption restructures the time of regular meetings as follows: •Open Session shall begin no earlier than 5:00 P.M., or immediately following any closed session with the time legally noticed and posted on the agenda. •Closed sessions may be conducted prior to and/or immediately after Open Session. Closed sessions that are conducted prior to Open Session may begin as early as 4:00 P.M. •Study sessions, if scheduled, shall begin no earlier than 2:00 P.M. •All meetings are scheduled to terminate at 10:00 P.M. on the same day they began. If a meeting is still in progress at 9:00 P.M., and there are outstanding items on the agenda that require action, the Mayor and City Council shall determine which of the remaining items can be considered and acted upon prior to 10:00 P.M., where all other items will be continued to a future meeting. If the Council wishes to extend a meeting beyond 10:00 P.M. to discuss specified items, a majority vote is required. It is important to note that these times and parameters pertain only to regular meetings. Additional meetings (both open and closed sessions), workshops, and study sessions can be scheduled outside the established days and times of the regular meeting, where they are to be held as special meetings and conducted pursuant to the Ralph M. Brown Act. A survey of all cities in both San Bernardino and Riverside Counties shows that 59% commence their Open Session between 6:00 P.M. and 6:30 P.M; however, this includes cities of all sizes, and smaller cities typically have less items on their respective agendas. In surveying all cities throughout the entire State of California with populations between 200,000 – 350,000 people, 67% commence their Open Session before 6:00 P.M., with the most common starting time occurring between 5:00 P.M. and 5:30 P.M., and the earliest starting time commencing at 1:00 P.M. Packet Page. 916 1 8 5 4 The first regular meeting that would be subject to any new starting time would be the April 3, 2024, meeting, as the ordinance allowing the meeting time to be established by resolution (Ordinance No. MC-1626) will not take effect until March 22, 2024. The adoption of Ordinance No. MC-1626 is included on the February 21, 2024, Mayor and City Council Agenda as a separate item, which is being done in order to help distinguish between streamlining a process (adoption of Ordinance No. MC-1626) and establishing a new regular meeting time (adoption of a resolution). 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, adopt Resolution No. 2024-029 establishing the time of regular meetings. Attachments Attachment 1 – Resolution No. 2024-029 Ward: All Wards Synopsis of Previous Council Actions: January 17, 2024 Mayor and City Council introduced, read by title only, and waived 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. 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. 917 Resolution No. 2024-029 Resolution 2024-029 February 21, 2024 Page 1 of 3 4 0 5 4 RESOLUTION NO. 2024-029 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE TIME OF REGULAR MEETINGS WHEREAS, Section 309 of the San Bernardino City Charter requires the City Council to establish the time of its regular meetings; and WHEREAS, Ralph M. Brown Act found at Chapter 9, Part 1 of Division 2 of Title 5 of the California Government Code beginning with Section 54950 (the “Brown Act”) sets forth statewide standards for meetings of local agencies; and WHEREAS, on February 21, 2024, the City Council adopted Ordinance MC-1626, amending Section 2.58.010 of Chapter 2.58 of the San Bernardino Municipal Code, establishing that the time of regular meetings shall be set forth in a Resolution adopted by a majority vote of the membership of the City Council. WHEREAS, the City Council desires to establish the times of regular meetings of the Mayor and City Council. 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. Regular meetings of the Mayor and City Council shall begin no earlier than 3:00 P.M., with the specific time legally noticed and posted on the agenda. The Regular Open Meeting shall begin no earlier than 5:00 P.M or immediately following any closed session with the time legally noticed and posted on the agenda. The Mayor and City Council may conduct closed sessions pursuant to the Ralph M. Brown Act prior to and/or after the Regular Open Meeting, provided that the time, place, and subject of the closed session is shown on the agenda. Closed sessions conducted prior to the Regular Open Meeting may begin as early as 4:00 p.m. and shall be preceded by a brief open session to facilitate any announcement, report, or comment as may be required by the Brown Act. The Mayor and City Council may conduct study sessions prior to the Regular Open Meeting. When a study session is scheduled before the Regular Open Meeting, such study session shall begin no earlier than 2:00 P.M., with the specific time legally noticed and posted on the agenda. Study sessions scheduled outside the established days and time of the regular meeting shall be special meetings and conducted pursuant to the Ralph M. Brown Act. SECTION 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M., and will continue all other items on Packet Page. 918 Resolution No. 2024-029 Resolution 2024-029 February 21, 2024 Page 2 of 3 4 0 5 4 which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items. SECTION 4. Notwithstanding any other provision of this resolution, any regular meeting of the Mayor and City Council may be set, canceled, or rescheduled to a different date, time, or location by resolution duly adopted by the affirmative votes of a majority of the City Council or by any other manner as provided by law. The date, time, and location of any meeting set or rescheduled to a different date, time, or location shall be noticed and posted in the manner provided by law. 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 March 22, 2024. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st day of February 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 919 Resolution No. 2024-029 Resolution 2024-029 February 21, 2024 Page 3 of 3 4 0 5 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. 2024-029, adopted at a regular meeting held on the 21st day of February 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. 920 1 8 5 7 PUBLIC HEARING City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Mary Lanier, Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Development Code Amendment 23-01 (Short-Term Rental Program) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1628 of the Mayor and City Council of the City of San Bernardino, California, adopting the Short-Term Rental Program, and approving Development Code Amendment 23-01 amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and finding that Development Code Amendment 23-01 is exempt from review under the California Environmental Quality Act; 2) Conduct the Public Hearing; and 3) Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. Executive Summary This agenda item is the first reading of the proposed Short-Term Rental Program, a program to provide property owners with short-term rental opportunities, manage the number of units, address potential impacts, and the collection of Transit Occupancy Tax (TOT) similar to hotels. The fiscal impact is estimated to be a contribution of approximately $324,000 in TOT to the City’s General Fund. It is recommended that the Packet Page. 921 1 8 5 7 Mayor and City Council accept the first reading and schedule a second reading for adoption of Ordinance MC-1628. Background On December 13, 2022, the Planning Commission received and filed an update on the state of short-term rentals in the City and forwarded a recommendation to the Mayor and City Council to direct staff to develop a regulatory scheme for short-term rentals in the City’s residential districts. On January 18, 2023, the Mayor and City Council recommended that staff work to adopt a regulatory scheme for Short-Term Rentals. On February 27, 2023, the Planning Commission heard a report from staff and conducted a workshop to provide staff direction to include or consider items to regulate Short-Term Rentals. On November 14, 2023, Development Code Amendment 23-01 was continued by the Planning Commission to the meeting of December 12, 2023. On December 12, 2023, the Planning Commission, by a unanimous vote, adopted Resolution No. 2022-031 forwarding a recommendation (Attachment 3) that the Mayor and City Council approve Development Code Amendment 23-01 amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and find that Development Code Amendment 23-01 is exempt from review under the California Environmental Quality Act. Discussion A Short-Term Rental (STR) refers to a residential dwelling unit, that is offered or provided to a paying guest by a short-term rental operator for thirty (30) or fewer consecutive nights. The term "short-term rental" does not include a hotel, motel, inn, or bed and breakfast inn. Statewide STRs are a part of California’s tourism market, but when left unregulated, they can lead to unwanted negative effects caused by those uses, such as excessive noise and parking problems within existing residential neighborhoods. As such, many communities have recently adopted or proposed restrictions on STRs. Restrictions can include establishing designated areas for STRs, limiting the number of days a year a property can be rented, or banning STRs entirely. The City of San Bernardino does not currently have an ordinance that expressly regulates STRs and has experienced the negative effects of excessive noise, parking problems and discarded trash on surrounding properties, resulting in numerous complaints, creating a threat to the public interest, health, safety, convenience, and welfare of the community. While the demand for vacation rental units within the City is Packet Page. 922 1 8 5 7 evident, it is necessary to establish regulations that will provide a reasonable balance between the short-term rental operations and the recognized need to protect the residential character of existing neighborhoods. Table 1 below provides a summary of the proposed regulations for short-term rental operations. TABLE 1: SUMMARY OF PROPOSED SHORT-TERM RENTAL PROGRAM Program Type •Vacation Rental Only Registration Permit •Annual Permit Required •1 License per Property Owner •Property can be owned by individuals & non- individuals (Corp, LLC, Trust) if proof of connection to the property owner can be established Fees •Permit Fee to range between $500 - $775* •*Fee is based on Cost Recovery and may change Density •4 Bedroom / 8 Occupant Max •Not to Exceed (NTE) 8 Occupants Per Stay (2 people per bedroom) •Not to Exceed (NTE) 12 People on the property at one time Length of Stay •No Minimum # of Days •Max 29 Day Stay / NTE 120 Days in a Calendar Year Property Type •Eligible Types: Primary Residence SFR, Condo, Guest House *SFR with Detached Guest House to be rented as one unit •No properties within High Fire Zones are allowed to participate Inspection •In-person property inspection to be conducted as part of the application process •Inspection to be done annually at renewal Noise •Default to Municipal Code Noise Control •Quiet hours from 10 p.m. – 8 a.m. •Outdoor Noise Monitoring Device Required Parking •Limited to On-Site Parking Only in designated spaces Fines •Default to Municipal Code – Code Enforcement Procedures •3 Violations will result in Non-Renewal of Packet Page. 923 1 8 5 7 Permit Enforcement •24/7 Complaint Hotline •Owner/Agent must respond to complaints within 60 Minutes Transit Occupancy Tax / Transient Lodging Tax •All permits subject to Transient Occupancy Tax (TOT) •*Pending election to amend Ordinance No. MC-1484 Additional Items •Good Neighbor Policy Brochure required to be provided to and signed by each renter and kept on-site •Copy of Permit with the number of guests allowed to be posted at the house •In-person or virtual check-in allowed •Must have a 24/7 phone number listed for property owner/agent •Cannot have a restricted affordable housing covenant •Change of property ownership requires a new application •Evidence of Property Insurance / Commercial Insurance specifically for STR $500k minimum limit/occurrence Proposed Amendment In order to ensure that short-term rentals are compatible with the neighborhoods in which they may be located, this amendment will update definitions and establish development and operational standards regulating short-term rentals in the City of San Bernardino. Development Code Amendment 23-01 amends SBMC Title 19, as summarized below: § Chapter 19.02 (Basic Provisions), Section 19.02.050 (Definitions) is updated to add definitions for those terms used specifically within the Short-Term Rental Program (Attachment A, Exhibit A). § Chapter 19.04 (Residential Zones), Table 04.01 (Permitted and Conditionally Permitted Uses) is updated to add short-term rentals as a permitted use within all single-family and multi-family zones (Attachment A, Exhibit B). § Chapter 19.04 (Residential Zones), Section 19.04.030(2)(W) (Residential Zones Specific Standards – Short-Term Rentals) is added to establish development and Packet Page. 924 1 8 5 7 operational standards for short-term rentals (Attachment A, Exhibit C). The Police Department has reviewed the regulations contained within the proposed Development Code Amendment 23-01 and has concluded that none of the proposed changes pose any challenges to enforcement. Implementation The regulations governing short-term rentals will take effect 30 days following approval of Development Code Amendment 23-01 by the Mayor and City Council. As currently written, the ordinance does not provide for any exemptions for rentals with an existing business license. All properties currently operating as a short-term rental will be required to register and obtain a Short-Term Rental Permit. The City will send all properties potentially operating as a short-term rental a letter notifying them of the newly adopted regulations and will provide operators with 60 days to comply or face enforcement measures. Property owners of Short-Term Rentals will be responsible for reporting and paying into the City’s Transient Lodging Tax/Transit Oriented Tax (TOT). In order for the City to impose this tax on STRs, the City is required to amend and update Ordinance No. MC- 1484, which outlines regulations on the collection of the City’s TOT. Staff plans to bring forward an updated Ordinance for public consideration to the next eligible election. Once approved and certified, reporting and collection of TOT would be effective the first day of the first quarter following the election (January 1, 2025). Staff members may exercise the option to postpone the commencement of the program from the effective date, aiming to finalize an agreement with a software platform that will facilitate the seamless implementation of the Short-Term Program regulations. This decision allows for a more comprehensive and efficient integration of the necessary tools and resources for the program's successful launch. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future housing development, as follows: Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods. Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses. San Bernardino contains a wide range of neighborhoods accommodating an assortment of lifestyles. Each neighborhood has, or can have, its own unique character that is a source of pride for the residents. Neighborhood character is defined by many factors: what the neighborhood looks like, safety and security, maintenance of streets and green spaces, and more. But more importantly, neighborhood character is an image in the minds of those who live and work there and in the perceptions of those who visit. Packet Page. 925 1 8 5 7 The rise of short-term rentals within the City has created the need to establish regulations to ensure the compatibility between short-term rentals and the residential character of neighborhoods in which they may be located in order to mitigate any potential conflicts that may arise from their operation. The adoption and implementation of Development Code Amendment 23-01 is consistent with the City’s General Plan by allowing for the development of Short-Term Rentals within residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at large. California Environmental Quality Act The Planning Division conducted an environmental evaluation in connection with the proposed Development Code Amendment 23-01 and concluded that it is exempt from CEQA under Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines due to the fact that the proposed Development Code Amendment will not create significant effects on the environment as it establishes standards for the rental of existing residential properties in areas zoned for residential use. 2021-2025 Strategic Targets and Goals Development Code Amendment 23-01 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the program will update the Development Code to establish standards to help protect the residential character of neighborhoods in which short-term rentals may be located. The amendment to the Development Code will ensure consistency with the City’s land use designations as required by the City’s General Plan. Fiscal Impact There is no immediate General Fund impact associated with this item. Once adopted, this item has the potential to contribute approximately $324,000 into the General Fund Transit Occupancy Tax. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1628 of the Mayor and City Council of the City of San Bernardino, California, adopting the Short-Term Rental Program, and approving Development Code Amendment 23-01 amending Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and finding that Development Code Amendment 23-01 is exempt from review under the California Environmental Quality Act; 2) Conduct the Public Hearing: and Packet Page. 926 1 8 5 7 3) Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. Attachments Attachment 1 Ordinance No. MC-1628 (Approving Development Code Amendment 23-01) Attachment 2 Ordinance No. MC-1628 Exhibit A-C Attachment 3 Planning Commission Resolution 23-043 from December 12, 2023 Attachment 4 PowerPoint Attachment 5 Newspaper Publication Ward: All Wards Synopsis of Previous Council Actions: On January 18, 2023, the Mayor and City Council recommended that staff work to adopt a regulatory scheme for Short-Term Rentals. Packet Page. 927 Ordinance No. MC-1628 1 ORDINANCE NO. MC-1628 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 23-01 AMENDING SECTION 19.02.020 (BASIC PROVISIONS – DEFINITIONS) AND CHAPTER 19.04 (RESIDENTIAL ZONES) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE 19) IN ORDER TO ESTABLISH A SHORT-TERM RENTAL PROGRAM IN THE CITY OF SAN BERNARDINO; AND FINDING THAT DEVELOPMENT CODE AMENDMENT 23-01 IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, in recent years there has been an increase in privately-owned residential properties being used as short-term rentals in the City; and WHEREAS, the unregulated use of existing housing as short-term rentals can escalate the demand for City services and create adverse impacts in residential zones; and WHEREAS, the City has determined that there should be a reasonable balance between the regulation of short-term rental operations and the recognized need to protect the residential character of neighborhoods in which they may be located; and WHEREAS, on December 13, 2022, the Planning Commission received and filed an update on the state of short-term rentals in the City and forwarded a recommendation to the Mayor and City Council to direct staff to develop a regulatory scheme for short-term rentals in the City’s residential districts; and WHEREAS, on January 18, 2023, the Mayor and City Council recommended that staff work to adopt a regulatory scheme for short-term rentals; and WHEREAS, on February 27, 2023, the Planning Commission heard a report from staff and conducted a workshop to provide staff direction to include or consider items to regulate short- term rentals; and WHEREAS, Development Code Amendment 23-01 is a City-initiated amendment to Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the city of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 23-01 in compliance with the California Government Code, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and Packet Page. 928 Ordinance No. MC-1628 2 WHEREAS, on November 14, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 23-01 and at which meeting, the Planning Commission considered Development Code Amendment 23-01. Upon conclusion of the public hearing the Planning Commission continued the item to allow staff time to address comments raised during the public hearing; and WHEREAS, on December 12, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed continued public hearing and adopted Resolution No. 2023-043 recommending the adoption of the Development Code Amendment 23-01 to the Mayor and City Council; and WHEREAS, notice of the February 21, 2024 public hearing for the Mayor and City Council's consideration of Development Code Amendment 23-01 was published in The Sun newspaper on February 10, 2024, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 23-01; and NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein. SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 23-01 and this Ordinance No. MC-1628 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment. SECTION 3.Finding of Facts – Development Code Amendment 23-01 Finding No. 1:The proposed amendment is consistent with the General Plan. Finding of Fact:Development Code Amendment 23-01 is consistent with the General Plan, as follows: Packet Page. 929 Ordinance No. MC-1628 3 Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods. Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses. San Bernardino contains a wide range of neighborhoods accommodating an assortment of lifestyles. Each neighborhood has, or can have, its own unique character that is a source of pride for the residents. Neighborhood character is defined by many factors: what the neighborhood looks like, what it feels like, how well it is maintained, etc. But more importantly, it is an image in the minds of those who live and work there and in the perceptions of those who visit. The rise of short-term rentals within the City has created the need to establish regulations to ensure the compatibility between short-term rentals and the residential character of neighborhoods in which they may be located in order to mitigate any potential conflicts that may arise from their operation. The adoption and implementation of Development Code Amendment 23- 01 is consistent with the City’s General Plan by allowing for the development of Short-Term Rentals within residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at-large. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The adoption and implementation of Development Code Amendment 23- 01 is in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations that will preserve the residential characteristics of residential zoning districts and mitigate the harm to the residential zoning districts that result from short- term rentals. SECTION 4.Adoption of Ordinance. Development Code Amendment 23-01 to amend Section 19.02.020 (Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Municipal Code (Title 19), attached hereto and incorporated herein by reference as Exhibit “A” through “C”, is hereby approved. SECTION 5.Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval Packet Page. 930 Ordinance No. MC-1628 4 certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 23-01. SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7.Effective Date. This Ordinance shall become effective thirty (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. 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 Packet Page. 931 Ordinance No. MC-1628 5 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1628, introduced on February 21, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at 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. 932 EXHIBIT A Development Code Section 19.02.050 (Definitions) 19.02.050 (Definitions) shall be modified to read as follows: Agent. A person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner. Bedroom. A room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the City. Check-in. The arrival of a guest at a vacation-rental property or agent’s office. Guest House. Living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guest, or persons permanently employed on the premises. This definition shall not include ADUs built subject to Section 19.04.030(2)(P) (Accessory Dwelling Units). Home-Sharing. The rental of bedrooms in a residential unit for a term of 29 or fewer consecutive days while the owner of the unit is present and living in the unit. Hosting Platform. A person or entity who participates in vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet-based services that facilitate bookings for a fee. Multi-Family Residential. Two (2) or more dwelling units in a single building on a site. Owner. A person or entity, who holds record fee title to the property, except that “owner” does not include the holder of a leasehold interest in the property. Responsible Party. The lessee of a vacation-rental property. Short-Term Rental or Short-Term Rental Property. A residential dwelling unit that is leased for a term of 29 or fewer consecutive days. Packet Page. 933 EXHIBIT B Development Code Section 19.04.020 (Permitted, Development Permitted, and Conditionally Permitted Uses) 19.04.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 04.01 (Residential Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows: TABLE 04.01 PERMITTED, DEVELOPMENT PERMITTED, AND CONDITIONALLY PERMITTED USES LAND USE ACTIVITY RE RL RS RU RM RMH RH RSH 1. Residential Uses A. Community Care Facility (6 or less) P P P P P P P X B. Condominium or Townhouse D D D D D D D X C. Convalescent Homes X X X C D D D X D. Day Care Center C C C C C C C X E. Day Care Homes, Family 8 or less children P P P P P P P X 9 to 15 children D D D D D D D X F. Dormitories/Fraternity/Sorority X X X X C C C X G. Homeless Facilities X X X X C C C X H. Manufactured Housing D D D D D D D X I. Mobile Home Parks or Subdivisions D D D D D D D X J. Multi-Family Dwellings X X X D D D D X K. Multi-Family Dwellings, Existing X X X P P P P X L. Planned Residential Developments X X X D D D D X M. Second Accessory Dwelling Unit P P P P P P P P N. Senior Citizen/Congregate Care Housing X X X D D D D X O. Single-Family Dwellings D D D D D D D X P. Single-Family Dwellings, Existing P P P P P P P X Q. Small Lot Subdivision X X X D D D D X R. Student Housing Complex X X X X X X X C R. Short-Term Rentals P P P P P P P X Packet Page. 934 EXHIBIT C Development Code Section 19.04.030(2) (Residential Zones Specific Standards) 19.04.030(2) (Residential Zones Specific Standards); Table 04.03 (Residential Zones Specific Standards) shall be modified to read as follows: TABLE 04.03 RESIDENTIAL ZONES SPECIFIC STANDARDS Specific Standards RE RL RS RU RM RMH RH RSH CO CG-2 CR-2 A. Accessory Structure + + + + + + + + + + B. Day Care Facility + + + + + + + + + + C. Day Care Home, + + + + + + + Large Family D. Density Bonus/Affordable + + + + + + + + + + Housing or Amenities E. Front/Rear Yard + + + + + Averaging F. Golf Courses & Related + + + + + + + Facilities G. Guest House + + + + H. Minimum Room Size + + + + + + + + + + I. Minimum Dwelling Size + + + + + + + + + + J. Mobile Home & + + + + + + + Manufactured Housing K. Mobile Home Park or + + + + + + + Subdivision L. Multiple Family Housing + + + + + + M. Multi-Family Housing, + + + + Existing N. Planned Residential + Development O. Recreational Vehicle + + + + + + + Storage P. Second Accessory Dwelling Unit + + + + + + + Q. Senior Citizen/ + + + + + + + Congregate Care Housing R. Single-Family Dwellings, + + + + + + + + + + Existing S. Small Lot Subdivisions + T. Social Service Uses/ + + + + + + Centers U. Vocational/Trade Schools + V. Student Housing Complex + W. Urban Lot Splits + + + X. Two-Unit Projects + + + Y. Short-Term Rentals + + + + + + + Key: “+” applies in the zone. Packet Page. 935 EXHIBIT C 19.04.030(2) shall be modified to read as follows: Y. Short-Term Rentals 1. Permit Required. a. A current, valid annual permit issued by the City to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a short- term rental property. A copy of the permit shall be posted inside of the rental property. b. No permit issued pursuant to the requirements of this section shall be transferred to any other person. Change of ownership of a property with a short-term rental permit shall require filing of a new application. c. No permits shall be issued for home-sharing. 2. Eligibility. a. Short-term rentals may be permitted in any residential zone which permits single- family residential uses, and which is developed with an existing single-family residence. b. No short-term rental shall be permitted at any property located within a designated high-fire area. c. No permits for a short-term rental shall be issued to any property subject to a restricted affordable housing covenant. d. No permits for a short-term rental shall be issued to any ADU permitted in accordance with Section 19.04.030(2)(P). e. No short-term rental property shall be rented for a cumulative period exceeding 120 days within any calendar year (January 1 – December 31). 3. Procedure. a. An owner shall apply to the City for a license annually for each short-term rental property and pay a fee established by Resolution, which may be amended from time to time. The City shall provide an application form and list of application and insurance requirements. b. Any application for a property owned by a corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, trust, etc.) shall be submitted only by a person authorized to submit such application. Packet Page. 936 EXHIBIT C c. An owner may not hold more than one permit, and may renew that permit, unless they have been revoked or not renewed. Applications for renewal shall be submitted a minimum of 30-days of permit expiration. d. Owner shall comply with pre-licensing & renewal inspection requirements prior to issuance of license / permit or renewal. 4. Operational Requirements. a. The owner and owner’s agent shall ensure that the vacation-rental property complies with all applicable codes regarding fire, building and safety, health and safety, zoning, lighting, and all other laws and regulations. b. Guest check-ins may be performed in person or virtually by the owner/agent. The responsible party must be provided with a copy of the City’s Good Neighbor Policy prior to or during check-in and a signed copy kept on file by the owner/agent. An additional copy shall be made available on-site. c. Overnight occupancy of the short-term rental property shall always be limited to the number stated on the permit. Such occupancy shall not exceed two adults per bedroom; but the total number of persons may not exceed 8 persons per stay. d. The maximum number of people permitted at the property shall not exceed 12 people at one time. e. No party, wedding, or other large social gathering exceeding the maximum capacity allowed under Section 19.04.030(2)(Y)(4)(d) of this Chapter shall be permitted at a short-term rental property. f. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or other any machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is within a fully enclosed structure and is not audible at the property line of the vacation-rental property pursuant to Chapters 8.54 and 9.48 on the Municipal Code. g. All short-term rental properties shall install a noise monitoring device capable of alerting the owner/agent in the case of outdoor noise in excess of 65 decibels (dBs). h. Parking is allowed only in designated driveways and garages and is not allowed in the yard or street at any time. i. The owner shall include notice to the responsible party of the requirements of this section and post a visible notice of these requirements at the property. j. The property owner/agent shall make available to the responsible party a 24/7 contact number in case of emergency. This number shall be available at the property. Packet Page. 937 EXHIBIT C k. Any complaints registered against a property shall be responded to within 60 minutes of notification by the City to the owner/agent. l. Upon the request of the City, the owner/agent shall respond in person at the short- term rental property within 60 minutes of dispatch of notice by the City to correct a violation of this section or any other provision of the Municipal Code. 5. Agent. An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the City of any grant of authority, including the identity and contact information for the agent. The owner shall promptly give the City prior written notice of any change to any such grant of authority. The use of an agent shall not excuse the owner from the owner’s obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the City. 6. Transient Occupancy Tax. a. If approved by the voters, beginning January 1, 2025, the owner is responsible for collecting and remitting transient occupancy tax to the City and shall comply with all provisions of Chapter 3.55 of the Municipal Code b. If approved by the voters, beginning January 1, 2025, hosting platforms shall be responsible for collecting all applicable transient occupancy taxes and remitting the same to the City. The hosting platform shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 3.55 of the Municipal Code. c. Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf. d. Permit holders making two or more late submittals in a 12-month period shall not have their license renewed upon expiration. 7. Inspections and Audits. a. Each owner/agent shall comply with pre-licensing & renewal inspection requirements prior to issuance of permit or renewal. Property inspection is required to verify that the subject property is in compliance with the standards of this section and the Municipal Code. b. Each owner/agent shall provide the City, upon request, with access to the short- term rental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the City may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this section are being fulfilled. Packet Page. 938 EXHIBIT C 8. Hosting Platform Responsibilities. a. Subject to applicable laws, hosting platforms shall, upon written request by the City, promptly disclose to the City each vacation-rental property listing located in the City, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay. b. A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the City indicating that a listing violates applicable legal requirements. c. A hosting platform is responsible for collecting and remitting transient occupancy taxes on behalf of their hosts beginning January 1, 2025, in accordance with Subsection 6 above. d. A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license number no later than January 1, 2025. 9. Violations and Penalties. a. Any owner or permit holder in violation of any requirements of this section shall be subject to the enforcement provisions of Chapter 9.93 of the Municipal Code. b. Permit holders who received three violations shall not have their license renewed upon expiration. Packet Page. 939 Packet Page. 940 Packet Page. 941 Packet Page. 942 Packet Page. 943 Packet Page. 944 Packet Page. 945 Packet Page. 946 Packet Page. 947 Packet Page. 948 Packet Page. 949 Packet Page. 950 Packet Page. 951 Packet Page. 952 Development Code Amendment 23-01 Short-Term Rental Program Presented by Mary Lanier, Interim Director Community Development & Housing Department Packet Page. 953 Background: Planning Commission on December 13, 2022 Recommended to Council support for developing regulations Mayor & City Council on January 18, 2023 Directed staff to develop regulations Planning Commission STR Workshop on February 27, 2023 Planning Commission on November 14 & December 12, 2023 Packet Page. 954 Program Overview: Program Type Vacation Rental Only Registration Permit Annual Permit Required 1 License per Property Owner Property can be owned by Individuals & Non-Individuals if proof of connection to the property owner can be established Fees Permit fee to range between $500 - $775* Fee is based on cost recovery and is subject to change Packet Page. 955 Program Overview: Density 4 Bedroom / 8 Occupancy Max NTE 8 Occupants Per Stay NTE 12 People Per Day at one time Stay Length No Minimum # of Days Max 29 Day Stay / NTE 120 Days in a Calendar Year Property Type SFR, SFR w/ Guest House and Condo No Property within a High Fire Zone allowed to participate Packet Page. 956 Program Overview: Inspection In-Person Property Inspection to be conducted with Application Inspection to be done annually with renewal Noise Default to Municipal Code Noise Control Quiet Hours from 10pm – 8am Outdoor Noise Monitoring Devise Required Parking Limited to On-Site Parking Only in designated spaces Packet Page. 957 Program Overview: Fines Default to Municipal Code – Code Enforcement Procedures 3 Violations will result in Non-Renewal of Permit Enforcement 24/7 Complaint Line – Supported by Platform Owner/Agent must respond to complaints within 60 minutes Police Department Support Transit Occupancy Tax All permits subject to TOT Voter Ballot Initiative during the next Eligible Election Packet Page. 958 Program Overview: Additional Items •Good Neighbor Brochure required to be provided to renter, and kept on- site •Copy of Permit w/# of guests allowed to be posted at the house •In-Person or Virtual Check-In •Must have a 24/7 # listed for property owner/agent •Cannot have a restricted affordable housing covenant •Change of property ownership requires a new application •Evidence of Property Insurance / Commercial Insurance specifically for STR $500k min limit/occurrence Packet Page. 959 Enforcement: 1.City Staffing •Economic Development •Planning •Building & Safety •Code Enforcement •Business Registration •Police Department 2.Software Platform - $10k to $25K •Electronic Application Process •STR Property Identification •Continued Monitoring Packet Page. 960 Next Steps: Draft Regulations Software Platform Fee Study Planning Commission Mayor & City Council Program Implementation Ballot Nov 2024 Implementatio n of TOT in 2025 Platform Selection Packet Page. 961 Recommendation: It is recommended that the Mayor and City Council: 1.Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC XXX of the Mayor and City Council of San Bernardino, California, adopting the Short-Term Rental Program, and approving Development Code Amendment 23-01; and 2.Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024 Packet Page. 962 NOTICE OF PUBLIC HEARING BEFORE THE MAYOR AND CITY COUNCIL Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday, February 21, 2024 at 7:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 W. 6th Street, San Bernardino, California 92410, on the following item(s): DEVELOPMENT CODE AMENDMENT 23-01 – A City-initiated amendment to Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino. Environmental Determination: Categorically Exempt, pursuant to Section 15061(b)(3) (Common Sense Exemption) of the State CEQA Guidelines. Applicant: City of San Bernardino – Community, Housing, and Economic Development Department The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk’s Office by phone at (909) 384-5002. If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. Submitted: February 6, 2024 Publish: February 10, 2024 (Display Ad) Please send first proof for verification or changes by e-mail to Jennifer Meamber: meamber_je@sbcity.org. Please reference “MCC Display Ad” on the billing and send to the City of San Bernardino, Planning Division, 290 North D Street, San Bernardino, CA 92401. Packet Page. 963 1 8 6 0 PUBLIC HEARING City of San Bernardino Request for Council Action Date:February 21, 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:General Plan Amendment 24-01 and Development Code Amendment 24-01 (2021-2029 Housing Element) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Adopt Resolution No. 2024-035 of the Mayor and City Council of the City of San Bernardino, California, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132) under the California Environmental Quality Act, approving General Plan Amendment 24-01 establishing the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and changing the General Plan Land Use Designation of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), and adopting and implementing the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3) (Attachment 1); 2. Introduce the first reading of Ordinance No. MC-1627 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-01 changing the Zoning District Classification of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report (SCH No. 2004111132) (Attachment 2); and 3. Schedule the second reading of the above Ordinances to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. Packet Page. 964 1 8 6 0 Executive Summary The City is required by State Law to adopt a Housing Element covering the planning period 2021-2029. The Housing Element addresses a path for the City to provide housing opportunities citywide for very-low, low, moderate, and above-moderate- income households. It also includes a housing need analysis, constraints, housing resources, and fair housing, followed by goals and policies. To implement the Housing Element, it was determined that rezoning of properties was needed to increase the densities to meet the required Regional Housing Needs Allocation (RHNA). This action prompted a General Plan Amendment 24-01 and Development Code Amendment 24- 01 to establish two (2) new sub-zoning districts that will provide increased densities for specific parcels to allow the City to meet its RHNA) and adopt the Housing Element covering the planning period 2021-2029. Background The General Plan is a comprehensive document that serves as a blueprint for meeting the City’s long-term vision for the future. It addresses topics including land use, infrastructure, economic development, fire and police services, parks, hazards, and importantly housing. San Bernardino 2050 is a major initiative to update the General Plan. As part of the General Plan effort, the Housing Element is being updated. It is one of the nine required elements of the General Plan that addresses the existing and future housing needs of persons in all economic segment groups and serves as a tool for decision-makers and the public to understand and meet housing needs in San Bernardino. The Housing Element uniquely outlines the course for a more fair, equitable, and San Bernardino. It identifies local housing needs and obstacles to meeting those needs and updates goals, objectives, policies, and programs so that the necessary housing can be provided. Unlike other Elements of the General Plan, which may be updated at the discretion of each jurisdiction, California Government Code Sections 65580-65589.8 requires local jurisdictions to update the Housing Element of their General Plans every eight years, subject to the review and approval of the State Department of Housing and Community Development (HCD). The City’s current Housing Element (“5th Cycle”) was adopted on February 10, 2014, and covered the period from 2013 to 2021. The City of San Bernardino is currently in the process of preparing the 6th Cycle Housing Element, which will plan for the period of 2021 to 2029. On July 11, 2023, the 2021-2029 draft Housing Element was reviewed by the Planning Commission, and action was taken recommending to the Mayor and City Council to authorize the Community Development & Housing Department to submit the document to the State Department of Housing and Community Development (HCD) for review. On August 2, 2023, the Mayor and City Council received the draft along with the recommendation of the Planning Commission and made a recommendation to submit Packet Page. 965 1 8 6 0 the draft to HCD. Subsequently, on August 4, 2023, the City provided the 2021-2029 draft Housing Element to HCD for an initial 60-day review. On October 2, 2023, the City received a letter from HCD providing a response to the initial submittal and changes to the draft that would be necessary to bring the draft in compliance with State requirements. On November 21, 2023, the City submitted a revised draft to HCD for a second 45-day review. A response to the City’s second submittal was received from HCD on January 9, 2024, providing the final corrections required to deem the draft compliant. As of the publication of this staff report, the City has revised the 2021-2029 draft Housing Element and submitted it to HCD for a third review. On January 30, 2024, the Planning Commission, by a unanimous vote, adopted Resolution No. 2024-002 - PC, forwarding a recommendation that the Mayor and City Council (Attachment 5): 1.Adopt the Addendum to Final Environmental Impact Report (SCH No. 2004111132) for General Plan Amendment 24-10 and Development Code Amendment 24-01, in accordance with Section 15164 of the California Environmental Quality Act; 2.Approve General Plan Amendment 24-01 based on the Findings of Fact; and 3.Approve Development Code Amendment 24-01 based on the Findings of Fact. Discussion One of the primary purposes of the Housing Element is to demonstrate that a jurisdiction can meet its Regional Housing Needs Allocation (RHNA). HCD provides an allocation to each regional planning agency (Southern California Association of Governments (SCAG) for the City of San Bernardino), and SCAG then determines and assigns a RHNA for each individual jurisdiction within the region. For the City of San Bernardino, the current RHNA allocation totals 8,123 housing units. The following table outlines the City’s RHNA allocation, which is the number of units expected to be built over the eight-year period and the percentages by income category. Table 1: City of San Bernardino – RHNA Allocation (By Income Group) HOUSEHOLD INCOME CATEGORY DEFINITION OF INCOME CATEGORIES NUMBER OF HOUSING UNITS PERCENT OF ALLOCATION Extremely Low Income 0–30% of AMI*708 8.7% Very Low Income 31–50% of AMI 707 8.7% Low Income 51–80% of AMI 1,097 13.5% Moderate Income 81–120% of AMI 1,448 17.8% Packet Page. 966 1 8 6 0 Above Moderate Income Over 120% of AMI 4,163 51.3% Total 8,123 100% *AMI – Area Median Income Draft Housing Element Components: The City of San Bernardino 2021-2029 Draft Housing Element has seven sections, described below: ▪Chapter 1: Introduction. Includes an overview, the statutory authority and requirements, related planning efforts, overview of the outreach process that informed the development of the Housing Element, and the process for maintaining consistency with the General Plan. ▪Chapter 2: Needs Assessment. Analysis of demographic, social, and housing characteristics; special housing needs; and current and future housing needs due to population growth, demographic change, and other factors affecting housing needs, including fair housing. ▪Chapter 3: Constraints Analysis. Analysis of governmental and nongovernmental (market and environmental-related) constraints that affect the development, maintenance, and improvement of housing for all income groups and people with disabilities. ▪Chapter 4: Housing Resources. Inventory of resources available to address the City's housing needs, including available land for housing, housing production in the pipeline, and the financial resources and administrative capacity to manage housing programs. ▪Chapter 5: Fair Housing. This chapter will address the new statutory requirements for affirmatively furthering fair housing set forth by AB 686. This section will also include the results of outreach undertaken to improve fair housing. ▪Chapter 6: Program Evaluation. This chapter includes an assessment of accomplishments achieved during the prior planning period, a description of outreach and engagement that has informed the process, and a synopsis of changes proposed for the housing element. ▪Chapter 7: Housing Plan. The goals, policies, and programs to address the development, improvement, and conservation of housing and provision of fair housing opportunities to meet the needs of residents. Sites Inventory and Analysis: State law requires each jurisdiction to demonstrate that sufficient land is zoned to provide housing capacity that is adequate to meet the RHNA assigned to each City for each income level. The Draft Housing Element includes a Housing Sites Analysis, which provides an inventory of land suitable for residential development and is discussed in detail in Chapter 4 (Housing Resources); Section 4.2 (Housing Sites). The Draft Housing Element sites analysis demonstrates that an adequate number of sites exist to meet the City of San Bernardino’s RHNA obligation of 8,123 units. To Packet Page. 967 1 8 6 0 accommodate the units, the City has identified sites on appropriately zoned land, projects in the entitlement and development process since July 2021, and future development of accessory dwellings. Table 2 below summarizes the City’s approach to meeting the 2021-2029 RHNA allocation for the housing element. Table 2: City of San Bernardino RHNA Status Summary INCOME LEVELS LOWER MODERATE ABOVE MODERATE TOTAL RHNA Allocation 2,512 1,448 4,163 8,123 RHNA CREDITS (PROJECTS AND VACANT SITES) Pipeline Projects towards RHNA 644 483 964 2,091 ADUs Permitted (2021-2023)264 194 -458 ADUs Projections (2024- 2029)690 510 -1,200 Existing Vacant Residential Land 0 753 3,388 4,141 EXISTING RESIDENTIAL VACANT LAND Total Remaining Need without Rezones 914 -492 -189 - - Vacant Residential Land for Upzone 740 0 0 740 Surplus Sites for Rezone 308 0 97 405 FINAL SUMMARY Total Units Towards RHNA 2,646 1,940 4,449 Count Over/Under RHNA 134 492 286 Based on the identified sites on appropriately zoned land, projects in the entitlement and development process since July 2021, and future development of accessory dwellings, the City can provide for the development of 7,890 housing units within the planning period, resulting in a shortfall of 233 units. To meet the City’s RHNA obligation, the City has identified several sites that will be rezoned or upzoned. Approximately 19.46 acres of privately owned land that is currently designated for multiple-family residential use will be upzoned to allow for higher-density development. City-owned surplus land, totaling approximately 7.04 acres, will be redesignated from commercial use to multiple-family residential, while an additional 1.41 acres currently zoned for multiple-family residential will be upzoned. The specific parcels proposed to be rezoned/upzoned are included in Table 1-1 and Table 1-1 of the Addendum to the Final EIR (Attachment A – Exhibit A). Packet Page. 968 1 8 6 0 Two new sub-zones will be created to support the proposed rezonings/up zonings: ▪Residential Medium High (RMH-23) – 32 dwelling units per acre ▪Residential High (RH-50) – 50 dwelling units per acre Development standards and permitted uses within the new subzones will follow those of the Residential Medium High (RMH) and Residential High (RH) zones, as applicable. Outreach: Public participation is an important component of the Housing Element and the larger comprehensive General Plan update, to obtain input and feedback from all segments of the community. Input was provided during the development and the public review of the Draft Housing Element. The City’s public participation program included the following: ▪Visioning Workshops: The City engaged residents, local leaders from each City ward, and a wide swath of stakeholders regarding their perceptions of existing issues and visions for the future of the city during the spring to fall 2021. Activities to engage residents involved in workshops, pop-ups, online surveys, stakeholder interviews, and other initiatives. ▪Committee and Ward Meetings: A General Plan Advisory Committee (GPAC) was appointed to provide input, feedback, and recommendations to City staff, the Planning Commission, and the Mayor and City Council on key components of the General Plan and Housing Element update. The GPAC held more than a dozen meetings covering topics relevant to the Housing Element. In addition, the City held workshops in each ward to understand issues unique to each area of San Bernardino. ▪Website Presence: The City of San Bernardino made a diligent effort to keep the public informed about the status of the General Plan update and 2021-2029 Housing Element update. A General Plan website was set up to inform residents of the update, including the Housing Element. All GPAC meetings, relevant presentations, and background reports were made available online. ▪Consolidated Plan and Analysis of Impediments Update: The City’s 2020-2025 Consolidated Plan (ConPlan) and Analysis of Impediments to Fair Housing conducted a robust public participation effort. The feedback provided through the process supported the development of the ConPlan, including the development of housing and community development needs, priorities, goals, and strategies. ▪Stakeholder Consultations: The City contacted stakeholders to inform the overall consolidated plan update and the fair housing analysis. Stakeholders were selected to include a broad array of interest groups, such as neighborhood groups, faith-based groups, nonprofit organizations, city- county agencies, developers, and financial institutions. Packet Page. 969 1 8 6 0 Prior to each submittal of the Housing Element to HCD, the City has made available the draft for a 10-day, or in the case of resubmittals, a 7-day public review period. Availability has been made by posting the draft on the City’s website and providing notices to all parties that had previously expressed interest in the Housing Element. During each review period, comments have been received from Daniel Jivanjee (resident), JustSB, Inland Counties Legal Services and The Public Interest Law Project, Uplift San Bernardino at the Making Hope Happen Foundation, and the ACLU of Southern California. The City has prepared responses to the comments received during each round of public review and provided those to each applicable commenting party. 2021-2025 Strategic Targets and Goals The 2021-2029 Housing Element aligns with Key Target No. 4: Economic Growth & Development; (b) Update the General Plan and Development Code. Fiscal Impact There will be no fiscal impact on 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: 1. Adopt Resolution No. 2024-035 of the Mayor and City Council of the City of San Bernardino, California, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132) under the California Environmental Quality Act, approving General Plan Amendment 24-01 establishing the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and changing the General Plan Land Use Designation of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), and adopting and implementing the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3) (Attachment 1); 2. Introduce the first reading of Ordinance No. MC-1627 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-01 changing the Zoning District Classification of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report (SCH No. 2004111132) (Attachment 2); and 3. Schedule the second reading of the above Ordinances to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. Attachments Attachment 1 Resolution No. 2024-035 (Adopting Addendum to Final EIR and Approving General Plan Amendment 24-01) Packet Page. 970 1 8 6 0 Attachment 2 Resolution No. 2024-035 (Adopting Addendum to Final EIR and Approving General Plan Amendment 24-01) – Exhibits A-D Attachment 3 Ordinance No. MC-1627 (Approving Development Code Amendment 24-01) Attachment 4 Ordinance No. MC-1627 (Approving Development Code Amendment 24-01) – Exhibits A-B Attachment 5 Exhibits for Map Changes Attachment 6 Resolution No. 2024-002 - PC Attachment 7 Public Comment Letters and City-issued Response Letters Attachment 8 PowerPoint Attachment 9 Newspaper Publication Ward: All Wards Synopsis of Previous Council Actions: On August 2, 2023, the Mayor and City Council received the draft along with the recommendation of the Planning Commission and made a recommendation to submit the draft to HCD. Subsequently, on August 4, 2023, the City provided the 2021-2029 draft Housing Element to HCD for an initial 60-day review. Packet Page. 971 Resolution No. 2024-035 Resolution No. 2024-035 February 21, 2024 Page 1 of 6 4 1 5 5 RESOLUTION NO. 2024-035 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2004111132) UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING GENERAL PLAN AMENDMENT 24-01 ESTABLISHING THE RESIDENTIAL MEDIUM HIGH (RMH-30) AND RESIDENTIAL HIGH (RH-50) ZONES AND CHANGING THE GENERAL PLAN LAND USE DESIGNATION OF SPECIFIC PARCELS TO MEET THE CITY’S REGIONAL HOUSE NEEDS ALLOCATION (RHNA), AND ADOPTING AND IMPLEMENTING THE CITY OF SAN BERNARDINO 2021-2029 HOUSING ELEMENT (GENERAL PLAN – CHAPTER 3). WHEREAS, together, General Plan Amendment 24-01 and Development Code Amendment 24-01 constitute the City of San Bernardino 2021-2029 Housing Element ("Project"); and WHEREAS, General Plan Amendment 24-01 is a request to establish the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and change the General Plan Land Use Designation of specific parcels to meet the City’s Regional House Needs Allocation (RHNA), and adopt and implement the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3); and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, pursuant to requirements of Section 15164(b) (Addendum to an EIR) of the California Environmental Quality Act, the Planning Division of the Community and Economic Development Department accepted the Addendum to the Final Environmental Impact Report prepared by Kimley-Horn on behalf of and submitted by the applicant for the Project; and WHEREAS, on January 30, 2024, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report and adopted Resolution No. 2024-002 - PC recommending the adoption of the Addendum to the Final Environmental Impact Report, and the approval of General Plan Amendment 24-01 and Development Code Amendment 24-01 to the Mayor and City Council; and WHEREAS, a notice of the February 21, 2024, public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on Packet Page. 972 Resolution No. 2024-035 Resolution No. 2024-035 February 21, 2024 Page 2 of 6 4 1 5 5 February 10, 2024, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that trigger recirculation of the Addendum to the Final Environmental Impact Report or additional environmental review under State CEQA Guidelines Section 15164; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.50 (General Plan Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on General Plan Amendment 24-01; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. In accordance with Section 15164 (Addendum to an EIR), as the decision-making body for the project, the Mayor and City Council have reviewed and considered the information contained in the administrative record for General Plan Amendment 24-01 and Development Code Amendment 24-01, and the Final Environmental Impact Report (SCH #2004111132) certified on November 1, 2005, in conjunction with the adoption of the City of San Bernardino General Plan (2005). Based upon the facts and information contained in the administrative record and the previously certified Final Environmental Impact Report, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find as follows: (1) The environmental impacts of this project were previously analyzed in the Final Environmental Impact Report certified on November 1, 2005, in conjunction with the adoption of the City of San Bernardino General Plan (2005) and within the Addendum for the approval for General Plan Amendment 24-01 and Development Code Amendment 24-01; and (2) The certified Final Environmental Impact Report and the Addendum contains a complete and accurate reporting of the environmental impacts associated with the project; and (3) The certified Final Environmental Impact Report and the Addendum was completed in compliance with CEQA and the Guidelines promulgated thereunder; and (4) The certified Final Environmental Impact Report and the Addendum reflects the independent judgment of the Mayor and City Council; and (5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the certified Final Environmental Impact Report, and all Packet Page. 973 Resolution No. 2024-035 Resolution No. 2024-035 February 21, 2024 Page 3 of 6 4 1 5 5 mitigation measures previously adopted with the Mitigated Monitoring and Reporting Program and the Addendum are incorporated herein by this reference. SECTION 3.Findings of Fact – General Plan Amendment 24-01: Finding No. 1:The proposed amendment is internally consistent with the General Plan. Finding of Fact:General Plan Amendment 24-01 is consistent with the General Plan, as follows: A.The proposed 2021-2029 Housing Element builds upon and replaces the current 2013-2021 Housing Element, and includes goals, policies and implementation measures that are consistent with, and coordinate with, the remainder of the General Plan. B.The proposed addition of the subzones RMH-32 and RH-50 implements the previously established intended uses of the Residential Medium High (RMH) and Residential High (RH) zones, while allowing for increased densities that will assist the City in meeting its RHNA. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The adoption and implementation of General Plan Amendment 24-01 will not be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that: A.The adoption of the 2021-2029 Housing Element will not directly result in development of any kind. Future development, guided by the Housing Element, will remain subject to the established development standards in the Development Code. B.The proposed subzones RMH-32 and RH-50 will require future development at the same standards as the existing Residential Medium High (RMH) and Residential High (RH) zones. Finding No. 3:The proposed amendment would maintain the appropriate balance of land uses within the City; and Finding of Fact:The adoption of General Plan Amendment 24-01 will not upset the balance of land uses within the City, in that: A.As noted in Finding No. 2, above, the proposed amendments will not directly result in any development. Therefore, the balance of land uses will be maintained. However, a primary purpose of the Housing Element is to ensure goals, policies and implementation measures are Packet Page. 974 Resolution No. 2024-035 Resolution No. 2024-035 February 21, 2024 Page 4 of 6 4 1 5 5 set forth to ensure that the City provides a range of housing for all income levels, thus maintaining a housing balance appropriate to meet the City' s housing needs. B.The addition of subzones RMH-32 and RH-50 will not alter the permitted land uses within the existing Residential Medium High (RMH) and Residential High (RH) zones. Finding No. 4:The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s). Finding of Fact:As noted above, the proposed amendment will not directly result in any development, and therefore, this Finding of Fact is not applicable. SECTION 4.General Plan Amendment 24-01 to establish the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and change the General Plan Land Use Designation of specific parcels to meet the City’s Regional House Needs Allocation (RHNA), and adopt and implement the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3), attached hereto and incorporated herein by reference as Exhibits “A” through “D”, is hereby approved. SECTION 5.Adopt the 2021- 2029 Housing Element, which is attached to the staff report prepared for this item and hereby incorporated herein, replacing the 2013-2021 Housing Element, Exhibit “D” adopted by the City Council on February 21, 2024, and approved the document for submittal to the California Department of Housing and Community Development for certification. SECTION 6.Authorize staff to make non-substantive changes to the 2021-2029 Housing Element to respond to any comments received during the adoption process or from HCD to achieve certification. SECTION 7.The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. SECTION 8.Notice of Determination: The Planning Division of the Community and Development Department is hereby directed to file a Notice of Determination with the County Clerk of the Board of Supervisors of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 9.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Packet Page. 975 Resolution No. 2024-035 Resolution No. 2024-035 February 21, 2024 Page 5 of 6 4 1 5 5 Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 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 21st day of February 2024. __________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Packet Page. 976 Resolution No. 2024-035 Resolution No. 2024-035 February 21, 2024 Page 6 of 6 4 1 5 5 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-035, adopted at a regular meeting held at the 21st day of February 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. 977 January 2024 | General Plan EIR Addendum ADDENDUM TO THE GENERAL PLAN EIR SCH No. 2004111132 FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT City of San Bernardino Prepared for: City of San Bernardino Contact: Travis Martin 201 North E Street, 3rd Floor San Bernardino, CA 92401 909.384.5313 Prepared by: PlaceWorks Contact: Mark Teague, AICP, Principal, AICP 3 MacArthur Place #1100 Santa Ana, CA 92707 info@placeworks.com www.placeworks.com Packet Page. 978 Packet Page. 979 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO Table of Contents January 2024 Page i Section Page 1. ADDENDUM TO THE CERTIFIED GENERAL PLAN EIR ............................................................................... 1 1.1 BACKGROUND ................................................................................................................................................ 1 1.2 GENERAL PLAN EIR ..................................................................................................................................... 2 1.3 PROJECT SUMMARY ...................................................................................................................................... 3 2. CEQA ANALYSIS ............................................................................................................................................................ 37 2.1 ENVIRONMENTAL ANALYSIS ................................................................................................................ 38 2.2 IMPACT ANALYSIS ........................................................................................................................................ 39 2.3 FINDINGS ........................................................................................................................................................ 42 2.4 REFERENCES ................................................................................................................................................. 43 Table Page TABLE 1-1 PRIVATE -OWNED LAND IDENTIFIED IN THE HOUSING ELEMENT INVENTORY FOR REZONE ....................................................................................................................................................... 4 TABLE 1-2 CITY-OWNED LAND IDENTIFIED IN THE HOUSING ELEMENT INVENTORY FOR REZONED INFILL PARCELS FOR REZONE TO ACCOMMODATE LOWER INCOME RHNA ....................................................................................................................................................................... 5 TABLE 1-3 SUMMARY OF PROGRAM CHANGES BETWEEN EXISTING HOUSING ELEMENT AND 2021-2029 HOUSING ELEMENT ................................................................................................................... 15 Figure Page FIGURE 1 CITY OF SAN BERNARDINO REZONED SITES CITYWIDE MAP ............................................... 6 FIGURE 2 CITY OF SAN BERNARDINO REZONED SITES 1/7 MAP .............................................................. 7 FIGURE 3 CITY OF SAN BERNARDINO REZONED SITES 2/7 MAP .............................................................. 8 FIGURE 4 CITY OF SAN BERNARDINO REZONED SITES 3/7 MAP .............................................................. 9 FIGURE 5 CITY OF SAN BERNARDINO REZONED SITES 4/7 MAP ............................................................ 10 FIGURE 6 CITY OF SAN BERNARDINO REZONED SITES 5/7 MAP ............................................................ 11 FIGURE 7 CITY OF SAN BERNARDINO REZONED SITES 6/7 MAP ............................................................ 12 FIGURE 8 CITY OF SAN BERNARDINO REZONED SITES 7/7 MAP ............................................................ 13 Packet Page. 980 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO Table of Contents Page ii PlaceWorks This page intentionally left blank. Packet Page. 981 January 2024 Page 1 1. Addendum to the Certified General Plan EIR 1.1 BACKGROUND The proposed 2021–2029 Housing Element will replace the existing 2013–2021 Housing Element, which was adopted by City Council on February 10th, 2014 (City of San Bernardino, 2014) and serve as the City of San Bernadino’s (City’s ) guiding housing policy document to help meet the City’s future housing needs for all economic levels as expressed by the state assigned regional housing needs assessment (RHNA). The Housing Element is one of 13 elements of the City’s General Plan which was adopted by City Council on November 1st, 2005 (City of San Bernardino, 2005a). The General Plan is the foundational development policy document for the City of San Bernardino. It defines the framework by which the physical, economic, and human resources of the City are to be managed and used over time. The General Plan acts to clarify and articulate the intentions of the City with respect to the rights and expectations of the public, property owners, and prospective investors and business interests. The General Plan informs these citizens of the goals, objectives, policies, and standards for development of the City and the responsibilities of all sectors in meeting these. The General Plan Environmental Impact Report (EIR) evaluates the potential environmental impacts resulting from future development anticipated by the City of San Bernardino General Plan Update and Associated Specific Plans (General Plan). Ordinarily, as a policy document, the Housing Element seeks to account for changes in redevelopment law, and clarify language with the goals, policies, and programs generally remaining intact from the previous Housing Elements. Furthermore, it would not result in physical changes to the environment but rather encourage the provision of affordable housing within the housing development project within the existing land use designations in the Land Use Element of the General Plan. However, in this instance, the City’s ability to meet its 2021-2029 RHNA will require, in part, the rezoning of existing residential and commercial sites. The City’s proposed Housing Element programs along with the zoning change amendment (proposed project) would result in the following: A. Revision of the Municipal Code to adopt the revised Chapter 19.04, Residential Zones, the residential districts from Residential Medium High (RMH-) 24 to RMH-32 and Residential High (RH-) 31 to RH-50. The change in number represents the new maximum number of units per acre. B. Revise the zoning map to change zone districts for parcels shown in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone and Table 1-2, City-owned Land Identified in the Housing Element Inventory for Rezone. C. Adopt the City of San Bernardino 2021-2029 Housing Element. This addendum to the City of San Bernardino’s General Plan EIR, certified on November 1st, 2005, (State Clearinghouse Number 2004111132), demonstrates that the analysis in that EIR adequately addresses the potential physical impacts associated with implementation of the proposed project, and the proposed project Packet Page. 982 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 2 PlaceWorks would not trigger any of the conditions described in Public Resources Code Section 21166 or the California Environmental Quality Act (CEQA) Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration. . This Addendum to the General Plan EIR serves as the environmental documentation for the City’s proposed 2021–2029 Housing Element and Zone Change Amendment. 1.2 GENERAL PLAN EIR The General Plan EIR addresses both the General Plan Update and the Associated Specific Plans. For the purposes of this Addendum, the impacts relating to the General Plan Update only are identified and discussed. With regard to the General Plan Update, the General Plan EIR addresses potentially significant impacts related to air quality, cultural resources, noise, traffic and circulation, and utility and service systems (City of San Bernardino, 2005b). The General Plan EIR determined that the following environmental topics were less than significant before mitigation: biological resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, and recreation (City of San Bernardino, 2005b). The General Plan EIR determined that implementation of the General Plan would result in significant and unavoidable impacts related to the following environmental topics (City of San Bernardino, 2005b): • Air Quality o GP Impact 5.2-2: Construction activities associated with the proposed project would generate short-term emissions while long-term operation of the project would generate additional vehicle trips and associated emissions in exceedance of the SCAQMD’s threshold criteria. o GP Impact 5.2-3: Implementation of the San Bernardino General Plan update would result in a cumulatively considerable net increase of criteria pollutants for which the project region is in a state of non-attainment. • Noise o GP Impact 5.10-4: The San Bernardino International Airport is located within the City of San Bernardino, resulting in exposure of future residents to airport-related noise. • Traffic and Circulation o GP Impact 5.-14-2: General plan related trip generation in combination with existing and proposed cumulative development would result in designated intersections, roads, and/or highways exceeding county congestion management agency service standards. Packet Page. 983 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 3 1.3 PROJECT SUMMARY 1.3.1 Revision of the Municipal Code to Residential Zones The proposed project would result in the following revision to Chapter 19.04, Residential Zones. Underlined text is used to depict additions to Municipal Code Chapter 19.04, Residential Zones and unit changes. The zone district additions will only apply to the parcels shown in Figures 2 through 8 of this Addendum, and not to the City as a whole. • RMH-32 (Residential Medium High-32) Zone. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 24 32 units per net acre. Lots 14,400-20,000 square feet shall be development at RM density. • RH-50 (Residential High-50) Zone. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 31 50 units per net acre. Lots 14,400-20,000 square feet shall be developed at RM density. • The proposed project mentions the constraints to allowing max density amongst parcels due to tiering which has limited the number of units a property can have. The tiered density provisions are scheduled to be removed in the comprehensive revision to the Development Code as part of the General Plan Update. However, the above Development Code amendments will remove the tiered density for only the parcels affected by the above zone district changes (Figures 2 through 8 of this Addendum) to allow these properties to achieve maximum density. 1.3.2 Rezoning Housing Sites California Government Code Section 65584 requires that each city and county plan to accommodate a fair share of the region’s housing construction needs. The Southern California Association of Governments (SCAG) prepares the RHNA for the region based on existing and projected regional trends in population growth, household sizes, job accessibility, and transportation access. SCAG determines that the City must plan for and help facilitate the development of 8,123 new housing for the 6th cycle Housing Element, from 2021 to 2029. The City’s housing allocation is 31 percent lower income (which includes 708 extremely low-, 707 very low-, and 1,097 low-income units), 18 percent moderate-income (1,448 units), and 51 percent above moderate- income (4,163 units). Cities are not required to build or financially subsidize housing development, but they must ensure sufficient sites are available to accommodate housing at designated affordability levels. In order to meet the City’s RHNA, the City will rezone 39 parcels which in total would amount to 27.91 acres as noted in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone, and Table 1-2, City- owned Land Identified in the Housing Element Inventory for Rezone. The zoning changes allow the City to be able to meet its lower-income RHNA. The zone changes will allow a density of 32 dwelling units per acre for RMH zoning and 50 dwelling units per acre for RH zoning for those parcels shown in Figures 2 through 8. Packet Page. 984 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 4 PlaceWorks The proposed project mentions the constraints to allowing max density amongst parcels due to tiering which has limited the number of units a property can have. However, the proposed Housing Element introduces Program 2.4 Development Code Update, which removes the tiered density for lots in multi-family residential zones for all parcels in the city, including those shown in Figures 2 through 8 of this Addendum, allowing multi- family properties to achieve maximum density. The zoning change amendment would modify the City of San Bernardino’s Municipal Code Chapter 19.04 Residential Zones which designates the maximum density that can be built per residential land use. The zones that require change are RH and RMH zones to increase density among sites that are presently designated for multi-family residential use. Currently, the City of San Bernardino has the RH zone which permits residential development at 31 units maximum per net acre. The City also has the RMH zone which permits residential development at 24 units maximum per net acre. To accommodate the low- and very low- income RHNA, the City will rezone the existing RH and RMH zones to allow for higher residential density that will only apply to the parcels shown in Figures 2 through 8 of this Addendum, and not to the City as a whole. The RMH zone will be upzoned to accommodate 32 dwelling units per acres and the RH zone will be upzoned to accommodate 50 dwelling units per acre for these parcels. As shown in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone, approximately 19.46 acres of private land would change zones from RMH 24 to RMH 32 and RH 31 to RH 50 in order to accommodate 819 housing units, Figure 1, City of San Bernardino Rezoned Sites Citywide Map shows the existing and proposed zone changes of these parcels and their location within the city. Table 1-2, City-owned Land Identified in the Housing Element Inventory for Rezone, shows that approximately 8.45 acres of city-owned surplus land would be rezoned from residential or commercial zones to either RMH-32 or RH-50 in order to accommodate 335 housing units. Figure 1, City of San Bernardino Rezoned Sites Citywide Map, and Figures 2 through 8, City of San Bernardino Rezoned Sites (1/7 Map through 7/7 map) show the existing and proposed zone changes of these parcels and their location within the city. Table 1-1 Private-owned Land Identified in the Housing Element Inventory for Rezone APN Acres Existing Zone Proposed Zone Max Density Estimated Units** 013630207 0.68 RMH RMH-32 32 20 013631118 1.59 RMH RMH-32 32 48 013631126 0.91 RMH RMH-32 32 27 013631109 0.92 RMH RMH-32 32 27 028115164 1.55 RMH RMH-32 32 46 015515124 6.48 RMH RH-50 50 306 015515125 2.87 RMH RH-50 50 135 015044104 1.08 RH RH-50 50 51 015044130 2.21 RH RH-50 50 104 015515120 1.14 RH RH-50 50 54 015044114* 0.03 RH RH-50 50 1 Total 19.46 819 Source: San Bernardino 2023. * This parcel is identified for rezone only for consistency, it is surrounded by parcel 015044130 and the two parcels have the same ownership. ** Estimated units are based on maximum allowed density times 95 percent for realistic capacity based on past projects approved and/or built in the city. Packet Page. 985 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 5 Table 1-2 City-Owned Land Identified In The Housing Element Inventory For Rezoned Infill Parcels For Rezone To Accommodate Lower Income RHNA APN Acres Existing Zone Proposed Zone Max Density Estimated Units 13407119 0.21 CR-2 RH-50 50 26 13407124 0.06 CR-2 RH-50 50 13407126 0.06 CR-2 RH-50 50 13407158 0.28 CR-2 RH-50 50 13410109 0.21 CR-2 RH-50 50 23 13410110 0.31 CR-2 RH-50 50 14252208 0.25 CG-1 RH-50 50 147 14252209 0.24 CG-1 RH-50 50 14252211 0.24 CG-1 RH-50 50 14252212 0.24 CG-1 RH-50 50 14252213 0.24 CG-1 RH-50 50 14252214 0.24 CG-1 RH-50 50 14252215 0.24 CG-1 RH-50 50 14252216 0.24 CG-1 RH-50 50 14252217 0.25 CG-1 RH-50 50 14252225 0.21 CG-1 RH-50 50 14252235 0.2 CG-1 RH-50 50 14252236 0.2 CG-1 RH-50 50 14252237 0.2 CG-1 RH-50 50 14252238 0.2 CG-1 RH-50 50 14252241 0.2 CG-1 RH-50 50 14252242 0.21 CG-1 RH-50 50 14252210 0.24 CG-1 RH-50 50 14252226 0.19 CG-1 RH-50 50 14319174 0.75 CO RMH-32 32 96 14319175 0.27 CO RMH-32 32 14301244 0.86 CO RMH-32 32 15545110 1.41 RH RMH-32 32 Total 8.45 335 Source: San Bernardino 2023. Packet Page. 986 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 6 PlaceWorks Figure 1 City of San Bernardino Rezoned Sites Citywide Map Packet Page. 987 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 7 Figure 2 City of San Bernardino Rezoned Sites 1/7 Map Packet Page. 988 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 8 PlaceWorks Figure 3 City of San Bernardino Rezoned Sites 2/7 Map Packet Page. 989 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 9 Figure 4 City of San Bernardino Rezoned Sites 3/7 Map Packet Page. 990 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 10 PlaceWorks Figure 5 City of San Bernardino Rezoned Sites 4/7 Map Packet Page. 991 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 11 Figure 6 City of San Bernardino Rezoned Sites 5/7 Map Packet Page. 992 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 12 PlaceWorks Figure 7 City of San Bernardino Rezoned Sites 6/7 Map Packet Page. 993 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 13 Figure 8 City of San Bernardino Rezoned Sites 7/7 Map Packet Page. 994 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 14 PlaceWorks 1.3.3 Proposed Housing Element Update Program Changes CEQA requires the City to evaluate the environmental impacts associated with direct and reasonably foreseeable indirect physical changes to the environment. Table 1-3 Summary of Program Changes Between Existing Housing Element and 2021–2029 Housing Element, includes the changes in programs between the existing Housing Element and the 2021–2029 Housing Element. As shown in Table 1-3 many of the programs from the previous Housing Element are continued through to the proposed 2021–2029 Housing Element. Packet Page. 995 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 15 Table 1-3 Summary of Program Changes Between Existing Housing Element and 2021-2029 Housing Element Program Name Program Objective from the 2014-2021 Housing Element Progress in Meeting the 2014-2021 Objectives Continue/ Modify/Delete Program 3.1.1 Downtown Housing Encourage and facilitate the development of new housing in Downtown San Bernardino and along transit lines through the implementation of the Downtown Core Vision. The City adopted a new vision to lay the groundwork for a future downtown specific plan. The City also executed a contract with National Core to redevelop Waterman Gardens into the Arrowhead Grove affordable housing project. This program will be continued in the Housing Element. The City will complete the Downtown Specific Plan and the Arrowhead Grove project. Program 3.1.2 Transit District Overlay Publicize incentives offered by the Transit District Overlay beginning in 2014. Provide technical assistance to interested developers and property owners. The City adopted a transit district overlay around 13 transit stations along the SBX Route with the goal of revitalizing station areas. Although the City was available for technical assistance, development did not occur due to the City’s economic status. This program will be continued in the Housing Element as the City envisions the role of transit districts increasing with the General Plan update. Program 3.1.3 Residential Standards for Commercial Zones Update the Development Code to identify clear and objective development standards for housing and mixed-use development in the CG-3 and CG-4 zones. The City did not update the Development Code; work was postponed due to the impending update of the General Plan and Development Code. The program will be continued in the element. To comply with Govt Code § 65913.4, the ODDS will be drafted as part of the Development Code update after adoption of the updated General Plan. Program 3.1.4 Corridor Improvement Program Facilitate investment and intensification along underutilized corridors through codifying the development and lot consolidation incentives proposed in the General Plan Land Use Element. The City is implementing the Corridor Improvement Program, which provides policy, regulations, and incentives intended to stimulate investment and development in the Corridor Strategic Areas. However, limited progress has been made to date. This program can be an effective tool to encourage needed reinvestment if incentives are appropriate. The program will be continued and revised as part of the Development Code update. Program 3.1.5 General Lot Consolidation Incentive Amend the Development Code to incentivize lot consolidation for projects committing to management plans and providing on-site management. The City is in the process of amending the Development Code to simplify development regulations and processes. However, additional lot consolidation incentives may be needed to stimulate housing along corridors or focused areas of the City. This program will be continued. The City will update the Development Code to implement the General Plan and remove identified potential constraints to facilitate new development. Program 3.1.6 Density Bonus Provisions Facilitate higher density and affordable housing development by amending the Development Code to reflect the latest amendments to State density bonus law. The City has received limited density bonus requests, except for several affordable housing projects. The density bonus ordinance was not revised due to staff shortfall. This program will be continued in the Housing Element and, specifically, the density bonus ordinance will be updated as part of the update of the Development Code. Program 3.2.1 Single-Family Housing Acquisition and Rehabilitation Program Acquire and rehabilitate at least 50 abandoned and foreclosed homes for income- restricted resale to lower-income households. This program was used in prior cycles with NSP funds, but no longer operational. Efforts are directed at the development of single-family homes on infill lots formerly owned by the City RDA. During the 5th cycle, the City accomplished the following: • MECH completed 3 infill properties for sale to eligible low income homebuyers—2060 E. 18th Street, 938 N “G” Street, and 140 W 13th Street. • Additionally, NPHS seeks to complete two more phases (3 properties in Phase III and 4 properties in Phase IV) pending completion of City transfer of sites to NPHS. This program is an important approach to maintaining and improving housing stock and quality as well as expanding single-family housing opportunities within San Bernardino. The City will continue to operate and augment the program as financial resources become available. Program 3.2.2 Single-Family Rental Property Inspection Continue to identify code violations and educate owners and tenants about their responsibilities through single-family rental inspections. Refer owners to appropriate City programs to provide technical and financial assistance to address code violations. The City spearheaded proactive code compliance efforts and provided financial assistance to property owners who cannot afford to maintain or rehab their dwellings. The program was suspended in 2020 due to funding but has now been reinstated with the hiring of additional code enforcement staff. The program has been refunded and will be implemented for the 6th cycle Housing Element. Program 3.2.3 Crime-Free Multi-Family Housing (CFMH) Improve multi-family housing conditions; refer code violators to rehabilitation assistance programs on an as-needed basis. To date, 65 properties are certified compliant. Recent progress in the program has been affected by budget constraints and staff turnover. The crime-free multi-housing program was deleted during the housing element update process and replaced by a property maintenance program. Program 3.2.4 Single-Family Rehabilitation Program Provide assistance to 20 lower- and moderate-income households annually. This program was consolidated and operated under Program 3.2.1. The consolidated program will continue. Program 3.2.5 Elderly/Special Needs Minor Repair Grants Program On an annual basis, provide home repair grants for approximately 85 units occupied by senior and disabled households. The Old Timers Foundation, a local nonprofit organization, used CDBG funds to perform minor and emergency repairs to 109 homes owned by seniors and disabled persons. This program was discontinued during the 5th cycle. The program will not be reactivated; other rehab programs will cover the scope of this program. Program 3.2.6 Critical Repair Program Annually, provide assistance to 10 lower-income households to make critical exterior repairs. Due to funding shortages, this program is inactive and is duplicated by existing home repair programs. The program is discontinued for the 6th cycle. Other rehabilitation programs will cover this program. Program 3.2.7 Preservation of Assisted Multi- family Rental Housing Work with property owners and qualifying agencies to preserve 1,627 assisted multi- family rental units at risk of converting to market rents. Provide technical assistance to assist property owners to secure funds that preserve affordability of their housing units. Ten projects totaling 1,257 units were at risk of conversion to market rents. The City assisted in conducting TEFRA hearings, issuing mortgage revenue bonds, and allocating City funds to preserve units, including City funds for fully replacing the Waterman Gardens Public Housing project. The program is an important way to maintain/increase affordable housing in the City of San Bernardino and will be continued for the present Housing Element. Program 3.2.8 Multi-family Rental Housing Acquisition/ Rehabilitation Acquire and rehabilitate 50 multi-family rental units to benefit lower-income households. The City contracted with MECH to rehabilitate the 52-unit Eastpointe Village. Working with county partners, the Golden Apartments was also acquired and rehabilitated for permanent supportive housing. The program is an effective way to maintain safe, livable affordable housing in San Bernardino. While funding is no longer available, the City will continue to seek funds for projects that meet City objectives. Program 3.2.9 Mobile Home Grant Repair Program On an annual basis, provide home improvement grants to 20 lower-income mobile homeowners. Program was previously done with Neighborhood Housing Services of the Inland Empire (NHSIE) and Inland Housing Development Corporation (IHDC), but there is no current progress. The program will not be continued into the 6th cycle given its current status. However, should staffing or funding increase, the program may be reimplemented. Packet Page. 996 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 16 PlaceWorks Program Name Program Objective from the 2014-2021 Housing Element Progress in Meeting the 2014-2021 Objectives Continue/ Modify/Delete Program 3.3.1 Homebuyer Assistance Program (HAP) On an annual basis, provide down payment assistance to 50 low-income first-time homebuyers and homebuyer/ homeowner education to 300 households. The HAP program is implemented by NHPS. NPHS assisted one household in 2021 with HAP funds. Additionally, NPHS received $350,000 for acquiring properties to develop affordable homeownership opportunities. In 2020 NPHS developed 2 infill homes, with plans to develop 2 more. The program is an effective and important way to maintain safe, livable affordable housing in San Bernardino and will continue for the 6th cycle. Program 3.3.2 Emergency Shelter Assistance Continue to support emergency shelter operations. The City continues to support the provision of emergency shelters. Several projects (including motel conversions) have been developed, expanded, or approved for development. The following projects will be completed in 2023: • U.S.VETS Housing: 30 units of permanent supportive housing and supportive services to veterans and their families. While the City has made great strides in housing its homeless residents, it remains a critical issue and the program will be continued in the Housing Element. Program 3.3.3 Transitional Housing Continue to support transitional housing programs and identify opportunities for expanding the transitional housing inventory to benefit lower- and extremely low-income households. The City continues to provide funding to address the transitional housing needs in the City. Approved during the prior planning period, the following residential projects will be completed in 2023: • Mary’s Village: Opened the City’s first “men’s” transitional project that provides housing, behavioral health, medical services, supportive services, job training, GED attainment, and wrap-around services. • LSS Wellness Center: LSS will also provide emergency shelter, transitional housing, supportive housing, and wrap-around services. The program continues to be an effective way to address the City’s transitional housing needs; and therefore, the program will continue in the 6th cycle. Program 3.4.1 Reasonable Accommodation Ordinance Reduce governmental constraints to housing for disabled persons through adopting a Reasonable Accommodation Ordinance. The City completed a Development Code update in May 2021, which included a Reasonable Accommodation Ordinance (Chapter 19.63). This program was completed during the 5th cycle. The City will maintain a Reasonable Accommodation Ordinance in compliance with state law and continue to implement it in order to support accessible housing development as needed to be updated with the development code update. Program 3.4.2 Universal Design Features Explore amending the Development Code or program parameters to incentivize or require universal design features in housing projects that are assisted by City funds. The City is currently working on a comprehensive update to the Development Code and has begun work on a new General Plan, which is anticipated to be completed by 2024. This program is targeted to be implemented during the 6th cycle Housing Element. Program 3.4.3 Fair Housing Mediation Contract for fair housing mediation services and refer those in need. Distribute fair housing materials at City buildings and on the City website. The City contracts with Inland Fair Housing Mediation Board to provide education, dispute resolution, and landlord/tenant mediation services to property owners, landlords, and tenants. The program will be continued during the 6th cycle. Program 3.4.4 Transitional and Permanent Supportive Housing Update the Development Code to adequately define transitional and permanent supportive housing, and permit these uses based on unit type, in accordance with SB 2. While the City has permitted a considerable number of facilities, it will amend the zoning code for consistency with state law This program is targeted to be complete in the 6th cycle as part of the Development Code update. Program 3.4.5 Special Needs and Extremely Low-Income Housing Provide expedited project review and funding priority for projects available for special needs or ELI/VLI households. Continue to refer those in need to available services. The City continues to fund many projects for these income groups and several are currently approved and in the development pipeline. This program will continue for the 6th cycle element. Program 3.5.1 Priority Water and Sewer Service Facilitate priority water and sewer service to affordable housing proposals. The City prioritizes water and sewer services to proposed affordable housing projects. Since there was not a shortage of water and sewer, the City did not have to activate its priority approval process. The program will be continued during the 6th cycle Housing Element because it is both important and effective in supporting the development of affordable housing. Program 3.5.2 Application Streamlining Opportunities Continue to explore ways of streamlining residential and mixed-use project permits. The City continues to strive to streamline the entitlement process, plan check review, and building permit issuance for all development projects, including residential and mixed-use projects. As of 2020, no applications have been submitted for streamlined residential or mixed-use projects. As a part of the Development Code update, the City will update and include streamlining procedures consistent with state law. Additional measures for creating a one-stop shop will be included. Packet Page. 997 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 17 1.3.4 Modifications to Existing Programs As shown in Table 1-1, the proposed 2021–2029 Housing Element consolidates some programs from the existing Housing Element to aid in implementation and eliminate redundancy. The programs focus on protecting existing housing stock and ensuring access to housing at all income levels. The City’s proposed Housing Element programs along with the zoning change amendment (proposed project) would introduce new housing units and people to vacant parcels and would affect land use patterns in the city; however, the resulting impacts would be identical to the previously certified General Plan EIR. 1.3.5 New Programs The 2021–2029 Housing Element proposes the following new programs. • Program 1.1 RHNA Housing Site Inventory: This Housing Element provides an inventory of residential projects in the development pipeline and vacant sites that, taken together, will accommodate the City’s 2021-2029 RHNA. The City will maintain an inventory and map of available sites for residential development and will, in accordance with state law, ensure that requirements for no-net loss and allowance by right for sites used from the prior two planning periods will be adhered to throughout the planning period and that appropriate rezonings will occurs within the specified timeframes. Objective(s) o 1.1a. Maintain inventory of residential sites to address the 2021-2029 RHNA; periodically review sites for compliance with no-net-loss law. o 1.1.b. Upzone 5.65 acres of RMH-designated sites to RM-32, 9.35 acres of RMH designated sites to RH-50, and 4.46 acres of RH-zoned sites to RH-50 (See Table 4-5) o 1.1c. On rezoned sites to meet the lower income RHNA, permit multifamily uses without discretionary action and address reads in Gov't Code 65583, (c)(1) and 65583.2, (h) (i). o 1.1d. Multifamily projects with 20% or more units affordable to lower income will be allowed by right on sites identified in prior planning periods • Program 1.2 Downtown Specific Plan: Downtown San Bernardino is central to the City’s future as an urban center. The Downtown Specific Plan will transform the area into a mixed-use and multipurpose node that is connected to City services, employment, housing, and educational facilities, within walking distance and connected to transit. The Specific Plan aims to: restore historic and cultural prevalence to the downtown and its structures; leverage existing transit; restore and enhance civic life in the urban core; and serve as an economic and cultural catalyst to increase jobs, retail, housing, and places of gathering. The Specific Plan is not intended to assist in addressing the 6th cycle RHNA. Packet Page. 998 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 18 PlaceWorks Objective(s) o 1.2a. Adopt the Downtown Specific Plan; make associated amendments to the Development Code as needed, and monitor plan effectiveness o 1.2b. Issue RFP, comply with the Surplus Land Act, and select a developer(s) for the Carousel Mall catalytic housing sites and others identified in the Specific Plan. o 1.2c. Continue to work with residential developers until the catalytic projects are built on residential sites in downtown. • Program 1.4 City-Owned and Surplus Site Development: The City will continue releasing land designated as surplus for development of affordable housing. The City will release surplus sites annually, noticing them via a Notice of Availability consistent with the SLA. All surplus sites are tracked on the City’s website. All surplus sites disposed pursuant to the SLA will include a minimum of 15-25 percent affordable units depending on SLA regulations. In addition to completing rezoning by April 17, 2024, the City will facilitate resolution with selected developers of any impediments to receiving entitlements and building permits to ensure that the project can commence construction prior to January 2028. Objective(s) o 1.4a. Dispose RDA sites (Table 4-6) in compliance with SLA; advertise surplus land for sale on the City's website; and consider and award bids to affordable housing developers. o 1.4b. Rezone 4.0 acres of CG-1 zoned land to RH-50, 1.9 acres of CO-zoned land and 1.4 acres of RH-zoned land to RMH-32 zoning, and 1.3 acres of CR-2 land to RH-50 zoning. o 1.4c. Proactively work with nonprofits or for-profit entities to develop residential uses on the surplus sites with units that are affordable to lower income households. o 1.4d. Require any Bice property development on surplus land to reserve at least 15 percent of its units for lower-income households, per state law under the Surplus Lands Act. • Program 1.5 Accessory Dwelling Units: Accessory dwelling units (ADU) are an effective strategy for providing affordable housing and reducing overcrowding and overpayment. In May 2021, the City Council adopted MC-1559 to allow ADUs and JADUs in all residential zones, subject to development review and compatibility with materials and architecture of the primary unit. The ADU Ordinance was subsequently amended again in 2022, resulting in a significant construction boom for ADUs and JADUs. Based on a three-year trend, the City is projecting 1,704 ADUs over the 2021-2029 planning period. To continue this progress, the following actions/objectives are proposed. Objective(s) o 1.5a. Periodically review and revise ADU regulations for consistency with state law. Address changes to the ADU Ordinance noted by HCD’s review letter dated October 2023. Packet Page. 999 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 19 o 15b. Monitor and record progress in ADU production and affordability in the APR to ensure ADU targets are met. o 1.5c. Adopt development incentives, including online marketing, expedited process, pre-stamped plans, and one-stop permit. o 1.5d. If ADU production or affordability falls 25 percent below target for two calendar years, rezone sites to address shortfall within 6 months. • Program 1.7 Land Use Element/Code Update: As part of the General Plan update, the Land Use Element will be amended to increase the allowable density range for all medium- and higher-density residential land use designations to leverage the demand for apartments and condominiums, both affordable and market rate. Moreover, new mixed-use designations will be created along major east-west and north-south corridors to facilitate the conversion of underutilized sites to residential and/or mixed uses, create a more intense urban downtown, and support existing commercial uses (see Program 1.6). The General Plan update will provide a policy framework for updating specific plans and mixed-use corridors. To achieve these goals will require amendments of the land use designations and SBMC. Objective(s) o 1.7a. Complete comprehensive updates to the General Plan Land Use Element to further increase opportunities for new housing. o 1.7b. Revise land use designations of medium- to high-density residential zones; create mixed-use zones to implement the General Plan. o 1.7c. Increase density ranges for medium-and-higher density zones, and draft density/intensity and development standards for residential and mixed-use projects. • Program 1.8 Design Standards: Design standards are implemented to ensure that residential projects built are of lasting value, provide communitywide benefits, and reduce visual blight. Objective development and design standards (ODDS) are a key part of this process because they provide property owners and builders with the community’s expectations for project design, and they improve predictability of the development review and approval process by offering quantifiable standards and regulations that need to be followed. The Development Review Committee, an interdepartmental committee of City staff, reviews all project applications and makes consistency recommendations to the approving body. However, SB 330 requires revisions to the design regulations in the municipal code to provide more specific design guidance for residential/mixed-use projects. Objective(s) o 1.8a. Revise, adopt, and implement ODDS (objective development and design standards) for residential and mixed-use projects to comply with State law. Packet Page. 1000 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 20 PlaceWorks o 1.8b. Review and revise the design findings required for the review and approval of projects to allow for greater objectivity, clarity, and certainty in approval. o 1.8c. Publicize and market the new objective development and design standards on the City’s economic and community development website. • Program 2.1 Regulatory Incentives: San Bernardino has many underutilized sites and opportunities for residential development. However, small, individual lots offer limited development potential and generally cannot support on-site management when the lot is developed with residential uses. Residential development opportunities, particularly along corridors and infill on vacant and underused sites in existing neighborhoods, could be increased through a broader incentive program. While the City routinely grants minor modifications and exceptions to facilitate development, the program could be expanded to include lot consolidation incentives, such as density incentives. In tandem with other regulatory incentives, these tools will encourage a more efficient use of the land, offer flexibility for developers, and facilitate quality development. Moreover, such a program will further assist developers in revitalizing corridors given new state laws allowing for residential uses. Objective(s) o 2.1a. Amend Development Code to incentivize lot consolidation, merger, or lot line adjustments to encourage assemblage of lots into larger parcels to facilitate quality housing. o 2.1b. Allow for minor modifications and exceptions to facilitate and encourage the development of quality residential development. • Program 2.3 Development Fee Study: Development fees support community services and benefits, such as public safety infrastructure, transportation infrastructure, affordable housing, environmental mitigation, libraries, parks, flood control, and other projects. However, if not carefully drafted, impact fees can make it infeasible for developers to build housing or can significantly increase home prices. Development fees can amount to anywhere from 6 to 18 percent of the median price of a home depending on location, according to the AB 602 Senate Floor Analysis. The City has hired a consultant to assess fees. The City will utilize the fee study to determine revisions to balance full-cost recovery, ensure proposed projects are adequately planned for, and consider the cumulative effect on housing development. Objective(s) o 2.3a. Study and implement development and impact fees in accordance with SB 319 and AB 602, as codified in Gov’t Code § 66000 et. seq. o 2.3b. Complete development fee study to assess appropriateness and consistency with state law; revise fees based on the findings. o 2.3c. Study the feasibility of offering selected fee reductions, where appropriate, to facilitate the development of housing that fills unmet housing need. Packet Page. 1001 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 21 • Program 2.4 Development Code Update: As part of the General Plan update, the City has committed to updating the Development Code. Among other items, key provisions include: 1) updating regulatory measures that allow housing types, including special needs housing (Program 2.7); 2) updating the density bonus ordinance (Program 2.2); 3) updating development and design standards to facilitate development along corridors and in downtown (Programs 1.6 and 1.8); and 4) make amendments to facilitate consistency with the General Plan (Program 1.7). However, additional revisions to the Development Code are needed to address potential constraints to development. Objective(s) o 2.4a. Revise residential open space and lot coverage standards to allow more flexibility in satisfying requirements (e.g., use of shared space or transfer of open space requirements) o 2.4b. Remove the tiered density reduction standards for lots in multiple-family residential zones, thus facilitating achievement of maximum density in each respective zone. o 2.4c. Revise land use tables for all zones to clarify requirements for land use allowance and creating distinct requirements for physical improvements to property. o 2.4d. Review and, if needed, revise other code requirements and administrative processes that could impede achievement of maximum density. • Program 2.5 Permit Facilitation: The City’s development review process has three tiers of permits (administrative, development, and conditional permits), each with different decision-making bodies that review, condition, and approve applications. While the City meets its statutory requirements for processing development applications, conversations with developers indicated that further actions, beyond augmenting staffing, can streamline, coordinate, and facilitate the processing of permits. To that end, the City is developing a “one-stop shop” counter that will physically and virtually connect all phases of review for development applications. Additional processes are being implemented, including the objective design standards and permit-expediting process during the planning period. Objective(s) o 2.5a. Establish a written policy or procedure to allow a streamlined approval process and standards for eligible projects, as set forth under Gov’t Code § 65913.4. o 2.5b. Create a one-stop-shop counter for residential projects to streamline the application submittal and review process, improve consistency, and improve development certainty. o 2.5c. Monitor status of projects quarterly; for ones not moving forward, contact developers to ascertain issues, facilitate remaining entitlements, and assist in extensions as needed. o 2.5d. Track project processing to ensure an environmental determination is made pursuant to PRC§21080.1, within the timeframes of the PRC §21080.2 and Gov’t Code 65950(a)(5). Packet Page. 1002 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 22 PlaceWorks • Program 2.6 Site Improvements Assistance: Site improvements are necessary to prepare land for development and address potential impacts of development on- or off-site. Common improvements include grading, street lighting, and drainage; curb, gutter, and sidewalks; utility poles and connections; roadway improvements; etc. Financing site improvements can be a challenge for developers who propose affordable housing or small projects where infrastructure is lacking. To reduce the constraints and costs associated with site improvements, the City may, on a project-by-project basis, 1) allow developers to defer site improvements to a later date, 2) waive the requirement to underground utilities, or 3) waive or modify requirements for public street improvements if the improvements are cost prohibitive. Objective(s) o 2.6a. Require adequate site improvements for residential and mixed-use projects to ensure that impacts of development are addressed and mitigated. o 2.6b. Consider deferral, modification, or waiver of street improvements, undergrounding of utilities, and other features on a project-by-project basis. • Program 2.7 Constraints to a Variety of Housing: Housing Elements must provide for a variety of housing types to accommodate people of all incomes, household types, and disabilities. This includes housing such as single-family homes, multi-family rental housing, factory-built housing, ADUs, mobile homes, housing for agricultural employees, SRO units, emergency shelters, transitional housing, permanent supportive housing, and low barrier navigation centers. The SBMC update will include the following revisions. Objective(s) o 2.7a. Amend the SBMC to define and permit employee housing as a by-right use in zones allowing single-family housing, in accordance with Health and Safety Code § 17021.5. o 2.7b. Define/permit ADUs as a by-right use consistent with Gov’t Code §65852.2; incorporate changes to the ADU ordinance required by HCD’s October 2, 2023 memo to the City. o 2.7c. Amend SBMC's permitting, definitions, and associated regulations to facilitate development of emergency shelters, transitional and supportive housing, and low barrier navigation centers per state law (See Program 5.5). o 2.7 d. Interview SRO/micro-unit developers and propose ordinance revisions for consideration to the City Council to incentivize both housing types. • Program 2.8 Constraints to Housing for People with Disabilities: In December 2022, HCD issued a technical memorandum that provides guidance on how cities should address group homes and housing for people with disabilities. This guidance addresses how such land uses are defined, permitted in zoning districts, subjected to local regulations, and allowed reasonable accommodation. In addition, AB 2339 Packet Page. 1003 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 23 requires additional changes to emergency shelters and other potential constraints to the development of suitable housing. These facilities may also house disabled individuals needing special accommodations. Objective(s) o 2.8a. Amend SBMC to redefine the terms “family,” “dwelling unit, ”dwelling single,” and “disability” and residential/ community care facilities to comply with fair housing law. o 2.8b. Amend the SBMC to allow group homes or small residential care facilities (RCF) serving six or fewer persons that operate as a single housekeeping unit and that do not provide licensable services in all zones allowing single or multiunit residences. o 2.8c. Amend the SBMC to allow RCFs operating as a single housekeeping unit that provide licensable services to more than six residents subject to a conditional use permit based on generally applicable, nondiscriminatory findings in all zones allowing residential/mixed uses. • Program 3.1 Housing Rehabilitation: The Owner-Occupied Rehabilitation Program is designed to assist income-eligible San Bernardino homeowners improve the living conditions of their homes. Only owner- occupied single-family detached dwellings, townhomes, and condominiums within the San Bernardino city limits qualify for this program. Health and safety, building code, accessibility, and some general property- related repairs are eligible for reimbursement. Loans are all deferred loans at three percent interest per annum, with no payments due on the loan unless qualifying actions occur. Beyond single-family homes, however, the City also has a need for rehabilitation of mobile homes and apartments. Though there are fewer funding sources available, HCD will release a Multi-family Housing Program (MHP) Super NOFA in late 2023 to provide funding for rehabilitation activities. Objective(s) o 3.1a. Contract with NPHS to implement the owner-occupied housing rehabilitation loan program and report on results annually. o 3.1b. Consider opportunities to seek and secure funding to expand the housing rehabilitation program to mobile home parks and apartments. o 3.1c. If program expansion is feasible and approved by council, authorize staffing and financial resources to expand program to cover mobile homes and apartments. o 3.1d. Conduct a survey to clarify the need for demolition, moderate repairs, and major repairs needed to the housing stock within the city. • Program 3.2 Rental Housing Program Maintenance Standards: On October 4, 2023, the City Council adopted MCC-1619 replacing Chapter 15.27 of the SBMC “Crime Free Rental Housing Program” in its entirety with Rental Housing Program Maintenance Standards. It also amends the chapter to retain the exterior inspections of multi-family rental housing and the eight-hour training class. As part of the stipulated judgment with Promise Gracia et al., the provision for charging for inspections has been Packet Page. 1004 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 24 PlaceWorks removed. The ordinance applies to all multi-family rental housing complexes containing four or more units on a single parcel. City code enforcement may be involved in conducting the rental housing course and annual exterior (re)inspections as a lawful exercise of their duties, including but not limited to enforcement responsibilities under Civil Code 1941 et seq. and HS Code 17920.3 and 17975 et seq. Objective(s) o 3.2a. Implement program changes immediately following adoption of the ordinance in 2023 and return to the City Council for action by mid-2024. o 3.2b. Review ordinance on an annual basis to ensure that it is effective and complies with all state and federal fair housing laws. • Program 3.3 Code Enforcement: The City’s Code Enforcement program enforces regulations codified in more than 20 municipal codes that are intended to protect the health, safety, and welfare of the public; maintain quality neighborhoods; maintain quality housing; reduce crime; and ensure a high quality of life. Following the City’s exit from bankruptcy and COVID health restrictions, the City has been increasing code enforcement staff to create greater capacity for responding to code violations and inspections. The City will continue to implement its code enforcement program to further the health, safety, and welfare of the community and its residents and business, while also pursuing additional action items as appropriate to address emerging concerns. Objective(s) o 3.3a. Enforce code compliance; increase the number of code enforcement staff to improve capacity to respond to municipal code violations in a timely manner. o 3.3b. Adopt 2022 California Building Code; Require adherence to local housing, property, vehicle, and other local regulations to ensure the safety and health of residents. o 3.3c. In conjunction with County Fire, Housing Division, or business licensing program, explore interventions to expand the inspection of multi-family housing. o 3.3d. Analyze the City’s code enforcement programs with respect to Federal and State Fair Housing Law and include or modify programs to ensure compliance. • Program 3.4 Affordable Housing Inspection Program: San Bernardino’s Housing Compliance Specialist performs housing and compliance checks on homes and apartments developed using HOME, RDA, or NSP assistance. The scope includes more than 24 projects with more than 2,500 affordable housing units. As part of this effort, the housing compliance specialist will: 1) conduct on-site inspections of affordable units, with assistance from City building inspectors; 2) ensure monitoring and inspection deficiencies are addressed in a timely manner; and 3) review and approval of affirmative marketing and tenant services plans. This requirement only applies to projects required to be inspected under 24 CFR Packet Page. 1005 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 25 92.504(d) and is separate from the City’s property maintenance program for single and multiple-family units. Objective(s) o 3.4a. Inspect multi-family housing developed using federal HOME or NSP assistance; inspect 20% of projects each year, require compliance with federal housing quality standards. o 3.4b. Implement a general multi-family housing inspection program that is separate and covers all multiple-family residential properties in the city. o 3.4c. Transition to NSPIRE for consistency with local, state, federal housing inspection criteria • Program 3.5 Violence Prevention/Intervention: The City implements comprehensive violence and crime prevention efforts. The City’s Violence Intervention and Prevention (Program addresses root conditions that have driven violence and crime in San Bernardino. Partners include the City, its police department, Loma Linda University, H.O.P.E Culture, Young Visionaries, Urban Peace Institute, Urban Conservation Corps, and others. Violence intervention involves outreaching to gangs/individuals based on crime reports, holding education events, identifying high risk residents to help develop life plans, and personal follow up. In 2019, under its community-oriented policing initiative, the City reorganized its officers into neighborhoods by staffing four substations that will allow officers to work closer with community groups and residents, build greater trust among residents, and reduce crime and violence rates. Objective(s) o 3.5a. Implement violence intervention services to reduce crime and gang-related violence, including $3.8 million in violence intervention grant funds. o 3.5b. Implement community-oriented policing to reduce crime and violence, including the $5.0 million in grants to hire community policing officers o 3.5c. Explore the feasibility of implementing a citywide Neighborhood Watch Program to prevent and reduce crime and violence. If such a program is adopted, ensure that it complies with all Federal and State Fair Housing Law as well as the City’s duty to AFFH. • Program 3.6 Park and Recreational Planning: San Bernardino’s 36 parks provide opportunities for residents to recreate, socialize, and exercise. During the bankruptcy and following decade, many of these resources fell into disrepair due to the inability to fund maintenance and repair. These resources eventually became unsafe to occupy. Since emerging from bankruptcy, the City has been repairing park and recreational facilities throughout the community. The City has worked to secure grants and/or collaborate with partners from the State of California, San Manuel Reservation, Kaboom, and other for-profit and non-profit agencies to fund the revitalization of park and recreational facilities. Packet Page. 1006 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 26 PlaceWorks Objective(s) o 3.6a. Complete comprehensive update of the General Plan Parks and Recreation Element; Complete Parks/Rec Master Plan; program recommended improvements into the CIP. o 3.6b. Continue to secure funding, schedule and improve projects, including: Guadalupe, Speicher, Delmann Heights, Seccombe, Nicholson, Encanto Center, and Blair Park o 3.6c. Complete improvements to two libraries: Paul Villasenor Library and Feldhym Library. • Program 3.7 Business and Employment Assistance: The City will establish an Entrepreneurial Resource Center downtown, supported by IECE at CSUSB, that will provide resources and support for entrepreneurs and small business owners in the City. In 2022, the City was awarded a $4.2 million grant to hire 70 young and early-career staff members as part of the California Youth Jobs Program. In collaboration with the Inland Empire Small Business Development Center, the City will dedicate $3.0 million in ARPA funds to assist businesses and organizations impacted by COVID-19 or qualifying as an “underserved small business.” Objective(s) o 3.7a. Expend $3.0 million in ARA funds to assist small businesses and organizations that were adversely impacted by the COVD pandemic. o 3.7b. Establish an Entrepreneurial Resource Center (ERC) to provide a central point for resources and support for entrepreneurs and small business owners in the City. o 3.7c. Implement Youth Workforce grant and employ and train San Bernardino youth for jobs with the City and CBOs to restore services curtailed during the COVID pandemic. o 3.7d. Prepare a citywide Broadband Master Plan that will position the City for implementation grants from the state and federal government. • Program 3.8 Capital Improvements: Each year the City adopts a Five-Year Capital Improvement Program (CIP) aligning with the 2020 2025 Key Strategic Targets and Goals established by the mayor and city council. The CIP provides a roadmap for developing and maintaining the City’s capital facilities and infrastructure to provide high quality services to residents and the community. Due to the cost and importance of capital projects, significant consideration goes into allocation of resources to these projects. Projects in the CIP are evaluated against a four-point scale of priority and selected based on an assessment of community needs, mayor and city council priorities, and available funding. Objective(s) o 3.8a. Continue annual update of the CIP and implementation of scheduled projects, including accessibility improvements per the City’s Transition Plan. Packet Page. 1007 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 27 o 3.8b. Prioritize capital improvements where disinvestment or disadvantaged areas exist; pursue collaborate efforts where feasible. Complete Vernon Bridge, Muscoy Improvements, State Street Extension, Cross St. Bridge, Mt Vernon Storm Drain., and Del Rosa Fire Station. o 3.8c. Request estimated $5 million in grant funding and, if approved, prepare an ADA Plan, Bridge Management Plan, Storm Drain Master Plan, and Facility Management Plan. • Program 3.9 Water and Sewer Planning: San Bernardino’s age and geographic diversity underscores the importance of water and sewer planning to address the needs of existing and future residential development. Gov’t Code 65589.7 requires that jurisdictions have a policy for prioritizing water and sewer services (will serve letters) for residential projects that provide affordable housing to lower income residents. While the City can provide adequate service, a priority policy needs to be adopted to comply with state law. Furthermore, in compliance with state and county codes, infrastructure improvements are needed to: 1) protect the groundwater due to leaking from septic use in more rural areas; and 2) upgrade water lines to remove the potential for lead leaching in compliance with USEPA direction. Objective(s) o 3.9a. Implement septic conversion projects - convert 250 septic tanks in Arrowhead Farms upon receipt of $24.3 million SWCRB grant. o 3.9b. Complete $3.5 million project to replace 300+ lead water service connectors in the Cimmaron and San Anselmo neighborhoods o 3.9c. Adopt a policy that grants priority for issuing will serve water and sewer service to proposed housing affordable to lower-income households. • Program 3.10 Community Health: For a large, industrialized community, improving and maintaining environmental quality is a high priority for the City. Of the City’s 43 tracts, 13 tracts (33 percent) are considered disadvantaged for pollution burden. Environmental health concerns are broad in type and include environmental justice, air quality, land use adjacency issues, heavy industrial uses, and legacy superfund sites. Improving environmental conditions is complex and costly, oftentimes requiring multiagency cooperation. The Housing Element commits the City to do the following: Objective(s) o 3.10a. Complete a Health/Environmental Justice Element for the 2050 General Plan based on the findings of a technical report and community input. o 3.10b. Support implementation of the Community Emissions Reduction Plan in Muscoy/West San Bernardino to reduce exposure to pollution. o 3.10c. Encourage and facilitate the cleanup of active contaminated sites and, for inactive projects, seek funding and partnerships to facilitate cleanup. Packet Page. 1008 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 28 PlaceWorks o 3.10d. Complete installation of traffic signal improvement grant (Caltrans’ Local Highway Safety Improvement Program (HSIP)) o 3.10e. Implement Selective Traffic Enforcement Program (STEP) grant to improve road safety. • Program 4.2 Rent Control/Stabilization: In 1984, San Bernardino adopted a rent stabilization program that covered all of its 48 mobile home parks where units are not already covered by a lease. The goal of the program is to maintain the affordability of existing mobile home parks as a viable option for affordable living, particularly for lower income seniors and families with children. City provisions regulate rents, and HCD inspects the properties to ensure that State codes are met. Annual rent increases are capped at 80 percent of the change in the consumer price index. Passed in 2023, SB 940 allows locally passed rent protections to apply towards newly constructed mobile home spaces, and creates a 10-year exemption for spaces in those parks. AB1482 also took effect on January 1, 2020, and imposes rent caps, just cause eviction, and other procedures on apartments built more than 15 years ago. Objective(s) o 4.2a. Continue the Mobile Home Rent Stabilization program and ensure that all increase requests go through the proper administrative and hearing process. o 4.2b. Contract with fair housing providers to educate tenants on their rights and responsibilities with respect to rent stabilization and just cause eviction. • Program 4.3 Housing Choice Voucher: The Housing Authority implements a federally funded rental housing choice voucher (HCV) program. The HCV program provides rental assistance to qualified extremely low- and very low-income households residing in San Bernardino or to properties offering affordable units to these income groups. The program offers a rent “voucher” that is equal to the difference between the current fair market rent for an apartment and what a tenant can afford to pay (based on 30 percent of their household income). A tenant may choose to live in housing that costs more than the normal payment standard if they pay the extra rent. Housing vouchers can be allocated to projects (“project-based”) or to renters (“tenant-based”). Presently, approximately 2,600 income-eligible households benefit from the tenant-based housing choice voucher program in San Bernardino. Objective(s) o 4.3a. Maintain use of at least 2,600 tenant-based rental vouchers for San Bernardino residents and support continued distribution of project-based vouchers. o 4.3b. Work with HACSB to improve use of tenant-based vouchers 10% by marketing educational and promotional materials to residents, tenants, and property managers. o 4.3c. Publicize the Housing Authority’s HCV program by posting fliers and distributing other educational materials at appropriate venues. Packet Page. 1009 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 29 • Program 4.4 Emergency Rental Assistance: San Bernardino and its residents were severely impacted by COVID, which resulted in loss of employment, evictions, and other economic hardships. In 2021, the City secured $11 million in Emergency Rental Assistance funding from the State of California to pay rent or utilities for tenants and landlords who did not receive revenues due to the impact of COVID-19. Through Resolution No. 2021-224, the program allowed past and current rent and utility bills to be paid. The program partners with Inland SoCal 211+ to provide information regarding program resources. As of January 2023, the program had 6,950 applicants and disbursed $16.9 million in assistance. The program is currently only serving existing clients because available funds are exhausted. More than 90 percent of households are Hispanic or African Americans with one to five members. Objective(s) o 4.4a. Provide emergency rental assistance to existing San Bernardino residents impacted by job or other financial losses due to COVID. o 4.4b. Seek additional funding that may become available and, if funding becomes available, allocate rental assistance to residents most in need of housing support. o 4.4c. Review and consider non-profit applications for funding for rental assistance programs, during its annual CDBG/ESG/HOME funding cycle. • Program 4.5 Homeownership Initiative: Creating generational wealth has been a reoccurring theme expressed by residents. As is the case statewide, African American, Hispanic, and Filipino residents have the lowest homeowner rates. New homeownership programs have, until recently, declined due to the rapid escalation in prices and high subsidy required to make the cost of a home affordable to low- and moderate- income households. However, expanding homeownership is a key initiative in San Bernardino and is currently implemented through the infill housing development program on formerly surplus sites. The City will initiate a homeownership effort that includes strategies to augment funding and increase partnerships to close the race and ethnic gap in homeownership. Objective(s) o 4.5a. Present homeownership gap closure program to City Council for consideration to improve homeownership for San Bernardino residents. o 4.5b. If approved, apply for homeownership funding opportunities and grants as NOFAs are released. If approved, develop program, and hire staff. • Program 4.6 Assist in the Development of Extremely Low-Income Housing: San Bernardino’s effort to assist in the development of extremely low-, very low-, and low-income housing leverages a variety of affordability tools, incentives, partners, and financing. The first component includes making sites available for affordable housing, including surplus sites. The second component includes regulatory and financial incentives (e.g., density bonus, administrative exceptions, and other regulatory relief) to improve project feasibility. The third component includes permit streamlining to expedite the review and conditioning of Packet Page. 1010 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 30 PlaceWorks the project to reduce constraints to project approval. These components make it possible for the City to assist in the development of affordable housing for extremely low-, very low-, and low-income households. Objective(s) o 4.6a. Post and circulate surplus sites available for affordable housing per the Surplus Land Act; consider proposals from affordable housing developers per the SLA. o 4.6b. Reach out to and collaborate with local nonprofits to provide housing assistance, education and information, and other support and resources. o 4.6c. Complete processing, facilitation, funding and/or technical assistance of affordable housing in the pipeline and pursue other opportunities that arise. • Program 4.7 Inclusionary Housing Ordinance: With inflationary housing prices and rents in recent years, it has grown more challenging to finance and develop affordable housing. At the same time, new State law, referred to as “no net loss,” requires cities to find replacement sites or redesignate sites for affordable housing if the original affordable housing sites in the Housing Element are built with market- rate housing. As a result, cities are increasingly reexamining the feasibility of inclusionary housing ordinances (IHO), which mandate that new residential projects set aside a percentage of units as affordable to low- and/or moderate-income families. An IHO can help achieve multiple housing goals—achieving the RHNA mandate, preventing unnecessary rezoning, reducing housing insecurity, and integrating affordable housing options alongside market rate housing. Objective(s) o 4.7a. Contract with an affordable housing specialist to study, identify, and evaluate feasibility of inclusionary housing policies. o 4.7b. Host study session(s) with the City Council and the development community to discuss opportunities for inclusionary housing. o 4.8c. If approved by the City Council, conduct a nexus study, prepare inclusionary requirements and in-lieu fee options, and create an expenditure policy for funds. • Program 4.8 Housing or Land Trust: Community land trusts (CLT) are mechanisms for creating affordable housing units and maintaining the units as affordable over the long term. Traditionally, land trusts maintain housing affordability by retaining ownership of the land, allowing the owner to place permanent covenants on the prices or rents for homes on the land. There are various public and private land trust models and funding options that can help to provide resources beyond affordable housing, such as community revitalization, home preservation, and ownership opportunities. SBCTA has developed an initial CLT program that might offer the opportunity to join at a low initial cost. However, the City can also work with nonprofit organizations to develop a local CLT as well. Packet Page. 1011 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 31 Objective(s) o 4.8a. Explore the feasibility of a housing trust, either regional (e.g., SBCTA) or local, as a means of providing affordable housing in the City. o 4.8b. Host a study session with the City Council to discuss housing land trust opportunities and their feasibility in the City of San Bernardino. o 4.8c. If approved, develop a list of City land assets, funding sources, and interested parties and prepare a program for council consideration. • Program 5.2 Senior Housing and Services: San Bernardino’s seniors have specific needs related to housing affordability, accessibility, and supportive services. As the senior population grows, so will the need for housing that is affordable for those on fixed incomes or with mobility needs. To address the housing needs of senior households, the City permits and facilitates the development of senior apartments, senior (“age-restricted”) mobile home parks, assisted living, residential care, and other housing options. The City provides two senior centers provide social events and programs (nutrition; senior companion; AmeriCorps; health, fitness, and exercise; etc.). The City provides a senior companion program and nutrition program (SCP/SNP) with $700,000 in grants from the CNCS from 2022-2025. Objective(s) o 5.2a. Continue to seek and attract residential developers to provide, build, and expand the City’s inventory of affordable and market rate housing for seniors. o 5.2b. Sponsor and provide physical, social, health, and other support services for senior residents at San Bernardino’s senior centers and other locations. o 5.2c. Maintain the housing security of seniors through voucher advocacy, preservation of affordable housing, mobile home rent stabilization, housing assistance, and other programs. • Program 5.3 Housing for Persons with Disabilities: San Bernadino’s disabled population is diverse, representing different ages, abilities, medical conditions, and other life situations. The City’s approach to serving its disabled residents is multifaceted and designed to facilitate independent living so residents can live their fullest. For new housing, the City requires that housing is accessible per ADA disability standards. For housed residents, the City provides procedures for residents to seek reasonable accommodation (SBMC Chapter 19.63) to modify their homes to improve accessibility. The City improves the accessibility of infrastructure and public facilities in accordance with its Transition Plan. The City also approves residential care facilities and other group housing for residents with a wide range of disabilities. Objective(s) o 5.3a. Continue to ensure compliance with all building accessibility codes. Review and revise the Reasonable Accommodation Ordinance to ensure it is consistent with State law; prepare interdepartmental letter directing compliance with state law until ordinance is updated. Packet Page. 1012 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 32 PlaceWorks o 5.3b. Update and implement the City’s Self-Evaluation and Transition Plan and continue to schedule improvements to ensure accessibility to City streets, facilities, and public services. o 5.3c. Update the SBMC regarding residential care facilities, consistent with State requirements (Health and Safety Code § 1502 et seq). o 5.3d. Support efforts to provide community, recreational, and social services to people with physical, mental, and developmental disabilities. • Program 5.4 Housing for Students: Cal State San Bernardino and San Bernardino Valley Community College are valued community assets, providing education, jobs, and enrichment opportunities. Though Cal State has some on-campus housing, both schools are predominantly commuter schools. As is the case statewide, college students often face precarious and uncertain housing situations; it is not uncommon for college students to double up to afford housing and tuition. Even for students who are adequately housed, the combined cost of college tuition and housing may result in housing insecurity. In 2022, the San Bernardino CCD was awarded a $1 million grant for a feasibility study. Should the feasibility study demonstrate the demand for housing, the district can submit an application for an allocation from California’s pool of $1.5 billion to finance the development of student housing. Objective(s) o 5.4a. Support local college and university efforts to explore the development of on- and off-site housing opportunities for their students and faculty. o 5.4b. Work with SBVC to facilitate student housing through the entitlement process--expediting rezoning, development entitlements, or supporting funding applications • Program 5.5 Housing for Families with Children: The Housing Element analysis found that families with children are the majority household type in the City. Additionally, most of the households in San Bernardino are considered lower income and live in low opportunity districts or neighborhoods. According to the Census Bureau, the needs of San Bernardino’s families with children are many, including housing problems (overpayment, overcrowding, substandard housing), the need for financial assistance for lower income families, the need for continued education and employment for youth and adults, the need for park and recreational programs, and other needs. Though the City is not positioned to address the full range of needs of families with children, it can provide housing and services when feasible and contract with other appropriate entities to address service gaps. Objective(s) o 5.6a. Seek and attract residential developers to provide, build, and expand the City's inventory of affordable and market rate housing for families with children. o 5.6b. Sponsor and provide at community centers physical, social, health, and other support services for families and children. Packet Page. 1013 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 33 o 5.6c. Maintain the housing security of families with children through preservation of affordable housing, rent stabilization, housing assistance, etc. • Program 5.6 Homeless Services: San Bernardino is home to 40 percent of the county’s homeless population, and the City’s homeless population has increased 175 percent since 2017. Shelters are at or near full capacity. Moreover, homelessness is expected to increase. On February 1, 2023, the City Council issued an Emergency Homelessness Declaration. San Bernardino is committed to implementing a “housing first” strategy and provision of a full continuum of housing and services to address homelessness. The City‘s strategy to address homelessness and the multiplicity of unmet needs is multilayered. It begins with individual outreach and interaction, leading ultimately to comprehensive housing opportunities (e.g., shelters, navigation centers, transitional shelters, interim housing, permanent supportive housing) and the full range of health, social, and employment services needed to facilitate independence. The City is dedicating more than $20 million, not including additional noncity funds, to augment shelter capacity, outreach and engagement, and supportive services. Objective(s) o 5.5a. Convene a Homeless Task Force to review implementation of the City’s Homeless Action Plan and the expenditure of $20 million in American Rescue Plan Act funds to finance the plan. o 5.5b. Partner with County, for-profit, and nonprofit agencies to provide a comprehensive continuum of services to people who are homeless or residing temporarily in shelters. o 5.5c. Provide a street outreach team to assist individuals experiencing homelessness, direct them to services, and address issues with encampments. o 5.5d. Complete the following projects:  170-bed Lutheran Social Services multiservice campus  30-unit U.S. VETS permanent supportive housing on E Street  60-unit interim SBVC project on G Street for college students  200-bed Salvation Army expansion  200-prefab-unit HOPE Navigation Center Campus on 6th Street o 5.5e. Work with the County to provide accurate counts of homeless people to document the need for services and success of City programs. o 5.5f. Amend SBMC's definition for transitional and supportive housing and permit by right in all zones allowing residential uses, and allow low barrier navigation centers as a by-right use in all zones allowing residential and mixed uses, per Gov't Code § 65583(c)(3) and § 65660. Packet Page. 1014 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 34 PlaceWorks o 5.5g. Revise municipal code provisions for a security and management plan for emergency shelters in compliance with the Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino. o 5.5h. Make code revisions needed to address AB 2339 and revise the emergency shelter overlay site to remove infeasible sites and include additional sites as warranted. • Program 5.7 Housing Mobility: Racially concentrated areas of affluence (RCAA) are a fair housing concern in that certain areas may disproportionately benefit higher resources to the exclusion of lower income residents. The City of San Bernardino does not have an RCAA; in fact, most of the City is lower income tracts. A of 2023, only four tracts in Northwest San Bernardino are moderate/higher resource. To ensure equal access to resources in these areas, the City will implement a fourfold strategy: 1) approve ADU applications submitted; 2) surplus up to 113 parcels in single-family residential developments for affordable housing; 3) market housing choice vouchers to apartment properties in the area; and 4) work with HASC to preserve any at risk housing units in the neighborhood. Objective(s) o 5.7a. Facilitate and approve ADU applications in Northwest San Bernardino o 5.7b. Surplus up to 113 lots for affordable single-family housing in Northwest San Bernardino o 5.7c. Affirmatively market use of rental vouchers to apartments in Northwest San Bernardino o 5.7d. Work with HASC to preserve affordable housing in Northwest San Bernardino • Program 5.8 Place-Based Program: As discussed in Chapter 5, San Bernardino has several disadvantaged incorporated areas—the Westside and Central/Downtown—which are some of the oldest areas of the community. Both comprise the majority of the areas designated as R/ECAPs and/or high segregation and poverty in the community. As explained earlier, these conditions are due in par t to the many economic, housing, and social changes since 1980 that resulted in significant economic disruption, poverty, foreclosures, deteriorating infrastructure, and declining neighborhoods. Reversing and ameliorating these conditions will take considerable time and continued investments. To improve these areas, the City is directing significant public and private investment into both areas. Chapter 5 (Tables 5-23 and 5-24) along with action items in other housing element programs list dozens of initiatives and multi-million-dollar investments being dedicated to these two areas. The timeframes for each action item were initiated by the City, County or other partners can be found by referencing the program number for each line item in the housing plan. Objective(s) o 5.8a. Complete comprehensive community building investments in the Central/Downtown and Westside (see Tables 5-23 and 5-24). Packet Page. 1015 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 35 o 5.8b. Continue to seek grants and engage with nonprofit and for-profit organizations to assist in implementing community building initiatives. Packet Page. 1016 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 36 PlaceWorks This page intentionally left blank. Packet Page. 1017 January 2024 Page 37 2. CEQA Analysis As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations): When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Pursuant to Public Resources Code Section 21166 and Section 15162 of the CEQA Guidelines, the lead agency shall not require a subsequent or supplemental EIR unless the agency determines that the proposed project would result in new significant impacts or a substantial increase in the severity of previously identified significant impacts. This analysis has been prepared pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162. Packet Page. 1018 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 2. CEQA Analysis Page 38 PlaceWorks 2.1 ENVIRONMENTAL ANALYSIS Under CEQA Guideline Section 15164, an addendum may be prepared if only minor technical changes are required or if none of the conditions identified in Guideline Section 15162 are present. In the absence of substantial evidence to support a fair argument that the project changes may result in significant environmental impacts not previously studied, an addendum to the EIR is appropriate. The following review proceeds with the requirements of CEQA Guidelines Section 15162. The following discussion concludes that the conditions set forth in Section 15162 are not present, and that an addendum is appropriate for the proposed project. Table 1-3, Summary of Program Changes Between Existing Housing Element and 2021-2029 Housing Element shows that many of the existing Housing Element programs will remain unchanged with the proposed project. The 2021- 2029 Housing Element provides a total of 25 programs; most of these programs are either informative or would result in no physical change to the environment. Overall, the programs were modified to comply with state law, respond to directives from the Department of Housing and Community Development (HCD), and eliminate programs where the City has already completed the identified task. Program 1.1: RHNA Housing Site Inventory, requires the rezoning of 19.5 acres of RH and RMH designated land to higher densities, which would help the City meet its low-income RHNA target. Program 1.4 City-Owned and Surplus Site Development, would rezone 4.0 acres of (Commercial General) CG-1 zoned land, 5.6 acres of RH-zoned land, and 9.3 acres of RMH- zoned land to RH-50 zoning; and rezone 1.9 acres of (Commercial Office) CO-zoned land, 1.4 acres of RH-zoned land, and 5.6 acres of RMH-zoned land to RMH-32 zoning. These parcels are shown in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone, and Table 1-2, City- owned Land Identified in the Housing Element Inventory for Rezone, and the impacts associated with the zoning changes would increase density for residential uses or change non-residential zones to the new residential zones with increased density. The Housing Element identifies 11 parcels for rezone, as shown in Table 1 -1, Private-owned Land Identified in the Housing Element Inventory for Rezone and an additional 28 parcels for rezone, as shown in Table 1-2, City-owned Land Identified in the Housing Element Inventory for Rezone. Furthermore, the units identified in the 2021–2029 Housing Element would not exceed the listed housing unit buildout in Table 1, City of San Berardino General Plan Buildout Statistics of the 2005 General Plan EIR which shows the total development capacity at 88,282 residential units for developable/usable area during the time of the EIR. The proposed project identifies 8,123 new housing units to meet the City’s RHNA, which when added to the City’s current number of housing units is 75,716 units. Similarly, the estimated number of residents that would be added to the city under full buildout of the 2021–2029 Housing Element is 7,270 residents, which when added to the City’s 2023 population is 230,500. Thus, there would be 63,859 fewer residents than the 2005 buildout population described in the General Plan EIR which is 294,359 residents. The public service impacts associated with the potential population increase that could be associated with new housing include police and fire services, and parks. Additional services for police and fire would only result in a physical impact if new facilities were required to meet the growth needs. Packet Page. 1019 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 2. CEQA Analysis January 2024 Page 39 2.2 IMPACT ANALYSIS The discussion in this addendum confirms that the proposed project has been evaluated for significant impacts pursuant to CEQA. The discussion is meaningfully different than a determination that a project is “exempt” from CEQA review, because the proposed 2021–2029 Housing Element update and Zone Change Amendment are not exempt. Rather, the determination here is that the General Plan EIR evaluated the physical impacts likely to result from future development. There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the adoption of the General Plan EIR. The proposed project represents no change from the physical impacts that were assumed and analyzed by the General Plan EIR. As a result, and for the reasons explained in this addendum, the proposed project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 allowing the preparation of a subsequent EIR, and the appropriate environmental document as authorized by CEQA Guidelines Section 15164(b) is an addendum. Accordingly, this EIR addendum has been prepared. The following identifies the standards set forth in Section 15162 as they relate to the proposed project. The text that follows the provisions of the law relates to the proposed project. 1. No substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and 2. No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The program changes included in the proposed Housing Element are limited to complying with state law, combining programs with similar intent to aid in implementation, or elimination of programs where the City has already completed the identified task. All development in the city must be consistent with the General Plan, and if a discretionary action, is subject to project-specific CEQA. It is important to note that the state legislature has passed several laws that would make certain housing projects ministerial thereby eliminating further CEQA analysis at the time of application. In these instances, local regulations such as engineering and design standards would continue to apply as they are requirements of the building permit and do not rely on CEQA. In addition, federal and state regulations concerning biological and cultural resources, wetlands, and construction air quality would also apply as they too are not reliant upon CEQA. As a result, even if a housing project is exempt from CEQA, the physical impacts on the environment would still be addressed through the permitting process. Packet Page. 1020 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 2. CEQA Analysis Page 40 PlaceWorks California Government Code Section 65584 requires that each city and county plan to accommodate a fair share of the region’s housing construction needs. The amendments to the Zoning Ordinance are limited to complying with state law and would ensure the City’s ability to meet its 2021-2029 RHNA. Subsequent development must be consistent with the General Plan, and if a discretionary action is determined, then must complete a project specific CEQA analysis. Though the application of the Housing Element and Zone Change amendment would change the existing development pattern for the city, the change occurs on properties already designated and zoned for development. The difference in unit yield per acre does not result in new significant environmental effects. As all projects within the city must be consistent with the General Plan, state, and federal law, policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to all future development and would reduce impacts to the same significance level as identified in the General Plan EIR. 3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified shows: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration. The proposed project includes policy-level changes that are limited to complying with state law and would not result in physical changes to the environment that were not disclosed in the General Plan EIR. The state and local regulations identified in the General Plan EIR to reduce physical environmental effects would also apply to the proposed project. The proposed Housing Element programs are similar to the existing programs of the existing 2013-2021 Housing Element. The 2021-2029 Housing Element provides a total of 25 housing programs; these programs would not result in new significant environmental impacts. The proposed Housing Element identifies targets for housing at different income levels but does not include development of an unusual type, scale, or location that would not have been evaluated in the General Plan EIR. Because a development project must be consistent with the General Plan, zoning, and development standards of the City, the adopted measures to address physical impacts on the environment would be applied resulting in the same impacts as evaluated in the General Plan EIR. Therefore, there would be no new environmental impacts. As shown in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone, and Table 1-2, City-owned Land Identified in the Housing Element Inventory for Rezone, the amendment and additions to the Zoning Code are proposed to comply with existing state law. The Zoning Code update amends Chapter 19.04 of the City’s Municipal Code to upzone parcels shown in Figures 2 through 8 of this Addendum. Additionally, the City’s zoning map is revised to change zone districts for residential parcels increasing their allowable density. According to the project description, the City’s proposed Housing Element programs along with the zoning change amendment (proposed project) would result in the following: Packet Page. 1021 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 2. CEQA Analysis January 2024 Page 41 A. Revision of the Municipal Code to adopt the revised Chapter 19.04, Residential Zones, the residential districts from Residential Medium High (RMH-) 24 to RMH-32 and Residential High (RH-) 31 to RH-50. The change in number represents the new maximum number of units per acre. B. Revise the zoning map to change zone districts for parcels shown in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone and Table 1-2, City-owned Land Identified in the Housing Element Inventory for Rezone. C. Adopt the City of San Bernardino 2021-2029 Housing Element. These revisions will allow the City to meet its RHNA obligations. The physical environmental impacts have already been considered and would be exempt from CEQA (under § 15303), or would be subject to project specific CEQA analysis, as well as the policies from the General Plan. The City’s proposed Housing Element programs along with the zoning change amendment (proposed project) would introduce new housing units and people to vacant parcels and would affect land use patterns in the city; however, the resulting impacts would be identical to the previously certified General Plan EIR. There would be no new environmental impacts, or an increase in the severity of any previously identified environmental impacts. b. Significant effects previously examined will be substantially more severe than shown in the previous EIR. The proposed project would have the same significant impacts as those disclosed in the certified General Plan EIR. The state and local regulations identified in the General Plan EIR to reduce physical environmental effects would apply to all new development, including parcels located in the RMH-32 and RH-50 residential districts. There is no new information that would demonstrate that significant effects examined would be substantially more severe than shown in the certified General Plan EIR. c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project includes policy-level changes that are limited to complying with state law and would not result in physical changes to the environment that were not disclosed in the General Plan EIR General Plan EIR. The proposed project does not create new impacts or the need for mitigation measures. The state and local regulations identified in the General Plan EIR would reduce physical environmental effects associated with future development. The City is required to adopt a Housing Element and the element must be reviewed and certified by HCD. There is no feasible alternative to adopting a Housing Element. The update to the Housing Element would not result in significant environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR; therefore, there is no need for new mitigation measures or alternatives. The proposed project does not create new impacts or the need for additional mitigation measures. Packet Page. 1022 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 2. CEQA Analysis Page 42 PlaceWorks d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project would have the same significant impacts as the previously certified General Plan EIR, and all associated state and local regulations identified in the General Plan EIR to reduce physical environmental effects would apply to all future development. There would be no new significant impacts resulting from adoption of the zoning amendment therefore, there would be no new mitigation measures or alternatives required for the proposed project. 2.3 FINDINGS The foregoing analysis confirms that the proposed project has been evaluated for new significant impacts or a substantial increase in previously identified significant impacts pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162. The determination here is that the 2021–2029 Housing Element and Zoning Code Amendment does not require major revisions to the General Plan EIR due to the involvement of new significant environmental impacts or substantial increases in the severity of previously identified significant environmental impacts. The Housing Element Update is a policy document, and its adoption would not produce environmental impacts since no actual development is proposed. Therefore, the proposed project recommends changes to increase density, and the development impacts of the uses are addressed by existing policies in the General Plan EIR such as mitigation measures related to water supply demand and reducing air pollution. Future housing development projects would generally be subject to project-level environmental review. The sites with designated zone changes are located on vacant parcels that are zoned for commercial and residential purposes; most of these sites are located next to non-vacant residential parcels. The proposed zone changes will allow for the sites to be developed with residential uses, enabling the City to meet its RHNA obligations. Given that the surrounding properties have residential uses, the conditions warrant a change in their zoning designation. The zone changes would be compatible with surrounding land uses and consistent with adjacent zoning designations. There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the adoption of the General Plan EIR. The proposed project represents no change from the physical impacts that were assumed and analyzed by the General Plan EIR. As a result, and for the reasons explained in this addendum, the proposed project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 mandating the preparation of a subsequent EIR, and the appropriate environmental document authorized by CEQA Guidelines Section 15164(b) is an addendum. Packet Page. 1023 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 2. CEQA Analysis January 2024 Page 43 2.4 REFERENCES San Bernardino, City of. 2014. City of San Bernardino 2013-2021 Housing Element. https://cdnsm5- hosted.civiclive.com/UserFiles/Servers/Server_17442462/File/Government/Department/Community %20&%20Economic%20Development/Planning/Housing%20Element%202013-2021.pdf ____. 2005a. City of San Bernardino General Plan. https://cdnsm5- hosted.civiclive.com/UserFiles/Servers/Server_17442462/File/Government/Department/Community %20&%20Economic%20Development/Planning/Complete%20General%20Plan%20Compressed.pdf ____. 2005b. General Plan Update and Associated Specific Plans EIR. https://www.sbcity.org/city_hall/community_economic_development/planning/environmental_docum ents Packet Page. 1024 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 2. CEQA Analysis Page 44 PlaceWorks This page intentionally left blank. Packet Page. 1025 Table LU-2 Land Use and Zoning Designations Consistency Land Use Designations Zoning Designations Max. Density (units per acre) and Intensity (floor area ratio) Intended Uses Residential Designations – San Bernardino offers a wide range of housing densities and products to meet the demand of current and future residents with equally varying lifestyles. In addition to the uses described below, other uses such as schools, parks, childcare facilities, and other public/institutional uses that are determined to be compatible with and oriented towards the needs of residential neighborhoods may also be allowed. Single-Family Residential Estate (RE) 1 dwelling unit per acre Single-family detached residences in an estate setting. Residential Low (RL) 3.5 dwelling units per acre (9,720 minimum lot size) Single-family detached residences in low-density setting. Residential Suburban (RS) 4.5 dwelling units per acre (7,200 minimum lot size) Single-family detached residences in a high quality suburban setting. Residential Urban (RU) 8 dwelling units per acre (7,200 minimum lot size, 5,200 minimum lot size in planned unit developments) Single/multi-family attached and detached residences, including townhouses, stacked flats, courtyard homes, small lot subdivisions, and mobile home parks. Multi-Family Residential Medium (RM) 12 dwelling units per acre (14,400 minimum lot size Multi-family dwellings including townhomes, stacked flats, courtyard homes, apartments and condominiums as well as small lot single-family developments Residential Medium High (RMH) 24 dwelling units per acre (20,000 minimum lot size Multi-family dwellings including apartments and condominiums. Residential Medium High (RMH- 32) 32 dwelling units per acre (20,000 minimum lot size Multi-family dwellings including apartments and condominiums. Residential High (RH) 31 dwelling units per acre (20,000 minimum lot size) Multi-family dwellings including apartments and condominiums. Residential High (RH-50) 50 dwelling units per acre (20,000 minimum lot size) Multi-family dwellings including apartments and condominiums. Commercial Designations – San Bernardino accommodates a full spectrum of retain, service, professional, office, and entertainment uses at a range of intensities to meet the demand of current and future residents. In addition to the uses described below, other uses such as parks, childcare facilities, and other public/institutional uses that are determined to be compatible with and oriented towards the needs of commercial uses may also be allowed. Commercial Commercial Office (CO) 1.0 floor area ratio Professional offices including financial, legal, insurance, medical, and other similar uses. Commercial General (CG-1) 0.7 floor area ratio Local and regional serving retail, personal service, entertainment, office, related commercial uses and limited residential uses with a CUP. Packet Page. 1026 Table LU-2 Land Use and Zoning Designations Consistency Land Use Designations Zoning Designations Max. Density (units per acre) and Intensity (floor area ratio) Intended Uses Commercial General-2 (CG-2) 1.0 floor area ratio Local and regional serving retail, personal service, entertainment, office, related commercial uses and limited residential uses with a CUP. Commercial General-3 (CG-3) 1.0 floor area ratio Local and regional serving retail, personal service, entertainment, office, related commercial uses. Central City South-1 (CCS-1) 1.0 floor area ratio Local and regional serving retail and service uses. Central City South-2 (CCS-2) .7 floor area ratio Local and regional serving retail and service uses. University Business Park-2 (UBP-2) 1.0 floor area ratio Local and regional serving retail and service uses. University Business Park-3 (UBP-3) 1.0 floor area ratio Local and regional serving retail and service uses. Commercial Regional-1 (CR-1) Commercial Regional Malls 1.5 floor area ratio Large scale, regional serving retail and service uses. Commercial Regional-2 (CR-2) Downtown Non-Residential Intensity – 3.0 floor area ratio (4.0 ratio if a vertical mixed-use project) Residential Density – 47 units per gross acre. Senior citizen and senior congregate care housing shall permit a maximum density of 130 units per gross acre, subject to the approval of a Conditional Use Permit A mixture of regional serving retail, service, office, outdoor dining, entertainment, cultural, and residential uses that enhance the downtown area as the functional and symbolic center of the City of San Bernardino. Commercial Regional-3 (CR-3) Tri-City Commercial .7 floor area ratio commercial 3.0 floor area ratio hotels & offices 1.5 floor area ratio R&D A mixture of regional serving retail, service, tourist, office, entertainment, financial establishments, restaurants and supporting outdoor dining, hotels/motels, research and development, high technology, business parks, ware- house/promotional retail, and supporting services uses that capitalize on the location along the Interstate 10 corridor. Commercial Regional-4 (CR-4) Auto Plaza .7 floor area ratio 1 acre minimum lot size New car dealerships with supporting retail and service uses. Commercial Heavy (CH) .7 floor area ratio 10,000 square feet minimum lot size Large scale, regional serving retail and service uses and limited commercial and industrial uses that are characterized by an extensive use of outdoor or indoor space for their sales, service, and/or storage. Packet Page. 1027 Table LU-2 Land Use and Zoning Designations Consistency Land Use Designations Zoning Designations Max. Density (units per acre) and Intensity (floor area ratio) Intended Uses Industrial Designations – San Bernardino accommodates a full spectrum of industrial related employment uses, such as manufacturing, distribution, research and development, office, and mineral extraction, at a range of intensities to meet the demand of current and future residents. In addition to the uses described below, other uses, such as parks and other public/institutional uses that are determined to be compatible with and oriented towards the needs of industrial uses may also be allowed. Industrial Office Industrial Park (OIP) 1.0 floor area ratio Employee-intensive employment uses in a park-like setting, including research & development, technology centers, research and development, corporate offices, “clean” industry and light manufacturing, and supporting retail. Industrial Light (IL) .75 floor area ratio Variety of light industrial uses, including warehousing/distribution, assembly, light manufacturing, research and development, mini storage, and repair facilities conducted within enclosed structures as well as supporting retail and personal uses. Industrial Heavy (IH) .75 floor area ratio Variety of intense industrial activities that could potentially generate significant impacts, such as excessive noise, dust, and other nuisances, such as rail yards and multi-modal transportation centers. Industrial Extractive (IE) .05 floor area ratio Mineral, sand, and gravel extraction with an approved Mineral Reclamation Plan in accordance with the California Surface Mining and Reclamation Act. University Business Park-1 (UBP-1) .75 floor area ratio Employee-intensive employment uses in an industrial setting, including research & development, technology centers, corporate offices, and “clean” industry. Public/Quasi-Public Designations – San Bernardino accommodates a full spectrum of public facilities and institutional uses to meet the demand of current and future residents. Public/Quasi- Public Publicly owned Flood Control (PFC) NA Flood control facilities. Public Facilities (PF) NA Public facilities, governmental institutions, transportation facilities, public schools (K-12), public or private colleges and universities, museums, and public libraries. Central City South-3 (CCS-3) NA Flood control facilities. Railroad (RR) NA Railroad facilities. Packet Page. 1028 Table LU-2 Land Use and Zoning Designations Consistency Land Use Designations Zoning Designations Max. Density (units per acre) and Intensity (floor area ratio) Intended Uses Open Space Designations – San Bernardino accommodates a full spectrum of active and passive recreational uses such as parks, trails, athletic fields, golf courses, fair grounds, and stadiums, as wells as those areas intended to remain in natural open space. Open Space Public Parks (PP) 0 dwelling units per acre Public parks and recreational facilities. Open Space (OS) 0 dwelling units per acre Permanent open space. Public/Commercial Recreation (PCR) Case-by-case basis Intensive recreational uses, such as golf courses, sports complexes, and fair grounds as approved through the public review process. Overlays – An overlay is intended to reflect a particular characteristic of an area and is applied “over” an underlying land use designation to provide guidance above and beyond the underlying land use designation. Hillside Management Overlay Densities per an adopted specific plan or as determined by the following formula: Average Slope (%) Units per Acre 10 to <15 2.0 units per acre 15 to <20 1.5 units per acre 20 to <25 1.0 units per acre 25 to <30 0.5 units per acre 30+ 0.1 units per acre Regulates growth in the City’s hillsides to ensure that development in this area occurs in a manner that protects the hillside’s natural and topographic character, environmental sensitivities, and aesthetic qualities. As detailed in the Hillside Management Overlay Zoning District: • Parcels of 15% natural slope or less can be excluded, • The transfer of allowable units to lesser slopes is allowed, • Grading is minimized, • The clustering of units is encouraged, and • Buildings are designed to “fit” with their hillside setting. Foothill Fire Zone Overlay (FF) Per the underlying land use designations and applicable overlays Mitigate the spread of wildfires, help to minimize property damage, and reduce the risk to the public health and safety. Residential Student Housing Overlay (RSH) 20 units per acre (5 acre minimum) Multi-family dwellings including apartments and condominiums that house student populations. Student housing is required to provide amenities in relation to the number of units/bedrooms. Transit District Overlay (TD) Per the underlying land use designations To provide policies to promote transit-oriented development within San Bernardino. Packet Page. 1029 Exhibit D Privately-owned Land Identified for Rezoning/Upzoning APN Acres Existing Land Use Designation Proposed Land Use Designation Existing Zone Proposed Zone 013630207 0.68 MFR MFR RMH RMH-32 013631118 1.59 MFR MFR RMH RMH-32 013631126 0.91 MFR MFR RMH RMH-32 013631109 0.92 MFR MFR RMH RMH-32 028115164 1.55 MFR MFR RMH RMH-32 015515124 6.48 MFR MFR RH RH-50 015515125 2.87 MFR MFR RH RH-50 015044104 1.08 MFR MFR RH RH-50 015044130 2.21 MFR MFR RH RH-50 015515120 1.14 MFR MFR RH RH-50 015044114 0.03 MFR MFR RH RH-50 City-owned Surplus Land Identified for Rezoning/Upzoning APN Acres Existing Land Use Designation Proposed Land Use Designation Existing Zone Proposed Zone 013407119 0.21 C MFR CR-2 RH-50 013407124 0.06 C MFR CR-2 RH-50 013407126 0.06 C MFR CR-2 RH-50 013407158 0.28 C MFR CR-2 RH-50 013410109 0.21 C MFR CR-2 RH-50 013410110 0.31 C MFR CR-2 RH-50 014252208 0.25 C MFR CG-1 RH-50 014252209 0.24 C MFR CG-1 RH-50 014252211 0.24 C MFR CG-1 RH-50 014252212 0.24 C MFR CG-1 RH-50 014252213 0.24 C MFR CG-1 RH-50 014252214 0.24 C MFR CG-1 RH-50 014252215 0.24 C MFR CG-1 RH-50 014252216 0.24 C MFR CG-1 RH-50 014252217 0.25 C MFR CG-1 RH-50 014252225 0.21 C MFR CG-1 RH-50 014252235 0.2 C MFR CG-1 RH-50 014252236 0.2 C MFR CG-1 RH-50 014252237 0.2 C MFR CG-1 RH-50 014252238 0.2 C MFR CG-1 RH-50 014252241 0.2 C MFR CG-1 RH-50 014252242 0.21 C MFR CG-1 RH-50 014252210 0.24 C MFR CG-1 RH-50 014252226 0.19 C MFR CG-1 RH-50 014319174 0.75 C MFR CO RMH-32 014319175 0.27 C MFR CO RMH-32 014301244 0.86 C MFR CO RMH-32 015545110 1.41 MFR MFR RH RMH-32 Packet Page. 1030 Packet Page. 1031 Packet Page. 1032 2021-2029 HOUSING ELEMENT Acknowledgements CITY COUNCIL Helen Tran, Mayor Theodore Sanchez, Ward 1 Sandra Ibarra, Ward 2 Juan Figueroa, Ward 3 Fred Shorett, Ward 4 Ben Reynoso, Ward 5 Kimberly Calvin. Ward 6 Damon L. Alexander, Ward 7 PLANNING COMMISSION GENERAL PLAN ADVISORY COMMITTEE Monique Guerrero, Ward 1 Paul Guerrero, Ward 1, Voting Member Reuben Arceo, Ward 1, Alternate Amelia Lopez, Ward 2 Amelia Lopez, Ward 2 Chair, Voting Member Ivan Garcia, Ward 3 Angela Torres, Ward 3, Voting Member Anthony P. Aguirre, Ward 3, Alternate Larry Quiel, Ward 4 Edward Woolbert, Ward 4, Vice Chair, Voting Member Ed Neighbors, Ward 4, Alternate Jesus Flores, Ward 5 Richard Kaplan, Ward 5, Voting Member Dolores Armstead, Ward 6 Raafi Bell, Ward 6, Voting Member Ronnie Lewis III, Ward 7 Joel Rothschild, Ward 7, Voting Member Lisa Sherrick, Mayor's Appointee Orlando Garcia, Mayor’s Appointee Christian Shaughnessy, Mayor's Commissioner, Voting Member Benjamin Pratt, Mayor's Commissioner, Alternate Voting Member CITY STAFF Charles Montoya, City Manager Mary E. Lanier, Interim Agency Community, Housing, and Economic Development Director Travis Martin, Senior Planner Cassandra Searcy, Deputy Director, Housing and Homelessness CONSULTANT TO THE CITY PLACEWORKS Packet Page. 1033 This page intentionally left blank. Packet Page. 1034 City of San Bernardino Housing Element i CONTENTS 1.0 INTRODUCTION ...................................................................................................................................... 1-1 1.1 Statutory Authority ..................................................................................................................................... 1-2 1.2 Related Planning Efforts ............................................................................................................................ 1-3 1.3 Public Outreach ............................................................................................................................................ 1-4 2.0 HOUSING NEEDS .................................................................................................................................... 2-1 2.1 Population Profile ........................................................................................................................................ 2-2 2.2 Housing Profile ........................................................................................................................................... 2-10 2.3 Special Needs .............................................................................................................................................. 2-25 2.4 Housing Preservation ............................................................................................................................... 2-54 3.0 CONSTRAINTS ........................................................................................................................................ 3-1 3.1 Governmental Constraints ....................................................................................................................... 3-2 3.2 Nongovernmental Constraints ............................................................................................................. 3-57 3.3 Environmental Constraints ..................................................................................................................... 3-66 4.0 HOUSING RESOURCES .......................................................................................................................... 4-1 4.1 Housing Production Need........................................................................................................................ 4-1 4.2 Housing Sites .............................................................................................................................................. 4-20 4.3 Environmental Conditions ...................................................................................................................... 4-42 4.4 Site Infrastructure ...................................................................................................................................... 4-44 4.5 Implementation Resources .................................................................................................................... 4-48 5.0 FAIR HOUSING ........................................................................................................................................ 5-1 5.2 Integration and Segregation ................................................................................................................... 5-2 5.3 Disproportionate Need ........................................................................................................................... 5-24 5.4 Access to Opportunity ............................................................................................................................. 5-38 5.5 Fair Housing Enforcement ...................................................................................................................... 5-56 5.6 Local Context ............................................................................................................................................... 5-64 5.7 Disadvantaged Areas ............................................................................................................................... 5-73 5.8 AB 686 Sites Analysis ................................................................................................................................ 5-87 5.9 Fair Housing Issues ................................................................................................................................ 5-105 6.0 PROGRAM EVALUATION AND OUTREACH ....................................................................................... 6-1 6.1 Quantified Objectives................................................................................................................................. 6-2 6.2 Accomplishments ........................................................................................................................................ 6-8 6.3 Housing Outreach ..................................................................................................................................... 6-15 6.4 Outreach Findings ..................................................................................................................................... 6-24 Packet Page. 1035 Contents ii January 2024 6.5 Public Participation ................................................................................................................................... 6-36 7.0 HOUSING PLAN ...................................................................................................................................... 7-1 7.1 Goals and Policies ........................................................................................................................................ 7-2 7.2 Housing Programs....................................................................................................................................... 7-7 7.3 Quantified Objectives............................................................................................................................... 7-41 APPENDIX A: HOUSING ELEMENT SITE INVENTORY FIGURES Figure 2-1 Population Growth in the City of San Bernardino, 1980-2030 ................................................... 2-2 Figure 2-2 Median Household Income, San Bernardino City and the County, 2010-2019 ................... 2-8 Figure 2-3 Number of Households by Income and Tenure, City of San Bernardino ............................... 2-9 Figure 2-4 Residential Development Permits Issued by Decade, San Bernardino ................................. 2-10 Figure 2-5 Housing Types in the City of San Bernardino, 2020 ..................................................................... 2-11 Figure 2-6 Housing Tenure in the City of San Bernardino, 2020 ................................................................... 2-13 Figure 2-7 Decades When Housing Was Built in the City of San Bernardino, 2020 .............................. 2-14 Figure 2-8 Trends in Median Home Prices in San Bernardino, 2012 to 2021 ........................................... 2-15 Figure 2-9 Prevalence of Housing Problems in San Bernardino, 2015-2019 ............................................ 2-19 Figure 2-10 Prevalance of Housing Problems by Household Income and Type, 2015-2019 ............... 2-20 Figure 2-11 Housing Overpayment Trend in San Bernardino, 2010 to 2019 .............................................. 2-21 Figure 2-12 Housing Overcrowding Trend in San Bernardino, 2010 to 2019 ............................................. 2-22 Figure 2-13 Property Conditions, San Bernardino, 2000 .................................................................................... 2-23 Figure 2-14 Homeless Trends in the City of San Bernardino, 2016-2022 .................................................... 2-40 Figure 2-15 Lower Income Households with Housing Problems in San Bernardino, 2000 ................... 2-50 Figure 2-16 Publicly Assisted Multi-family Housing in San Bernardino, 2020 ............................................ 2-54 Figure 3-1 Residential Construction Cost Trends, 2011-2022 ........................................................................ 3-59 Figure 4-1 Pipeline Housing Projects ......................................................................................................................... 4-3 Figure 4-2 ADU Projection Scenarios, Building Permits Issued, 2024-2029.............................................. 4-14 Figure 4-3 Inventory of Vacant Housing Sites ...................................................................................................... 4-36 Figure 4-4 Emergency Shelter Overlay, Potential Sites ..................................................................................... 4-40 Packet Page. 1036 Contents City of San Bernardino Housing Element iii Figure 4-5 Environmental Hazards and Housing Sites ...................................................................................... 4-43 Figure 4-6 Broadband Coverage in San Bernardino and Vicinity.................................................................. 4-47 Figure 5-1 Median Household Income by Census Tract .................................................................................... 5-4 Figure 5-2 Prevalance of Low-Income Population ................................................................................................ 5-5 Figure 5-3a Percent of Population that is Non-White, 2010-2014 ................................................................... 5-7 Figure 5-3b Percent of Population that is Non-White, 2015-2019 ................................................................... 5-8 Figure 5-4 Trends in R/ECAPs, 1990-2020 ............................................................................................................... 5-9 Figure 5-5 Prevalence of Poverty Among Residents .......................................................................................... 5-11 Figure 5-6 Areas of Segregation and Poverty, 2020 .......................................................................................... 5-12 Figure 5-7a Prevalence of People with a Disability, 2010-2014 ....................................................................... 5-14 Figure 5-7b Prevalence of People with a Disability, 2015-2019 ....................................................................... 5-15 Figure 5-8a Percent of Residents that are Seniors, 2010-2014 ........................................................................ 5-17 Figure 5-8b Percent of Residents that are Seniors, 2015-2019 ....................................................................... 5-18 Figure 5-9a Percent of Households with Five or More People, 2010-2014 ................................................. 5-20 Figure 5-9b Percent of Households with Five or More People, 2015-2019 ............................................... 5-21 Figure 5-10a Percent of Single Parent Households with Children, 2010-2014 .......................................... 5-22 Figure 5-10b Percent of Single Parent Households with Children, 2015-2019 .......................................... 5-23 Figure 5-11a Percentage of Renter House-holds Overpaying for Housing, 2010-2014 ......................... 5-26 Figure 5-11b Percentage of Renter House-holds Overpaying for Housing, 2015-2019 ......................... 5-27 Figure 5-11c Percentage of Owners Overpaying for Housing, 2010-2014 .................................................. 5-28 Figure 5-11d Percentage of Owners Overpaying for Housing, 2015-2019 .................................................. 5-29 Figure 5-12a Prevalence of Housing Overcrowding, 2010-2014 ..................................................................... 5-32 Figure 5-12b Prevalence of Housing Overcrowding, 2015-2019 ..................................................................... 5-33 Figure 5-13 Prevalence of Housing Displacement Risk ....................................................................................... 5-35 Figure 5-14 Homeless People in San Bernardino City ......................................................................................... 5-36 Figure 5-15 TCAC Composite Resource Score ........................................................................................................ 5-39 Figure 5-16 TCAC Economic Opportunity Score .................................................................................................... 5-41 Figure 5-17 TCAC Educational Opportunity Score ................................................................................................ 5-45 Figure 5-18 Percentage of Existing Affordable Housing Units by Group ..................................................... 5-46 Figure 5-19 Housing Choice Vouchers by Census Tract ..................................................................................... 5-47 Figure 5-20 Transit Score in San Bernardino ........................................................................................................... 5-51 Packet Page. 1037 Contents iv January 2024 Figure 5-21 CalEnviroScreen Composite Scores .................................................................................................... 5-53 Figure 5-22 CES Scores by Quartile, City of San Bernardino ............................................................................. 5-54 Figure 5-23 CalEnviroScreen Pollution Burden Scores ........................................................................................ 5-55 Figure 5-24 Disadvantaged Unincorporated Communities ............................................................................... 5-75 Figure 5-25 Sample of Investments in Disadvantaged Incorporated Areas, 2021-2029 ........................ 5-86 Figure 5-26 RHNA Credits in San Bernardino Areas ............................................................................................. 5-88 Figure 5-27 RHNA Credits on TCAC Composite Map .......................................................................................... 5-89 Figure 5-28 Existing Income Distribution of San Bernardino by Planning Area ........................................ 5-90 Figure 5-29 Number of Tracts in Planning Areas by Resource Category ..................................................... 5-90 Figure 5-30 City’s RHNA Strategy: Current vs. Proposed Income Distribution on Vacant Sites .......... 5-93 Figure 5-31 Existing and Proposed Income Distribution by Area ................................................................... 5-93 Figure 5-32 Opportunity Scores by Area .................................................................................................................. 5-95 Figure 5-33 RHNA Credits by TCAC Economic Opportunity Map ................................................................... 5-96 Figure 5-34 RHNA Credits by TCAC Environmental Quality .............................................................................. 5-97 Figure 5-35 RHNA Credits by TCAC Educational Opportunity Map ............................................................... 5-98 TABLES Table 2-1 Population Growth, San Bernardino and County, 1990–2030 .................................................... 2-2 Table 2-2 Age Trends, San Bernardino, 2000 to 2019 ....................................................................................... 2-3 Table 2-3 Race and Ethnic Composition, San Bernardino, 2000 to 2019 ................................................... 2-4 Table 2-4 Household Types, San Bernardino, 2010 to 2019 ........................................................................... 2-5 Table 2-5 Major Employment Centers in and Around San Bernardino 2020 ........................................... 2-6 Table 2-6 Employed Residents by Industry, San Bernardino, 2019 .............................................................. 2-7 Table 2-7 Household Income, San Bernardino, 2019 ......................................................................................... 2-8 Table 2-8 Household Incomes by RHNA Category............................................................................................. 2-9 Table 2-9 Housing Unit Types, San Bernardino, 2020 ..................................................................................... 2-11 Table 2-10 Housing Units by Bedroom Number, San Bernardino, 2020 .................................................... 2-12 Table 2-11 Household Tenure and Vacancy Rates, San Bernardino, 2000 to 2019 ................................ 2-13 Table 2-12 Housing Units by Period of Construction, San Bernardino, 2019 ........................................... 2-14 Table 2-13 Median Home Sales Costs, San Bernardino, 2020 ........................................................................ 2-15 Packet Page. 1038 Contents City of San Bernardino Housing Element v Table 2-14 Apartment Rents, 2021 ............................................................................................................................ 2-16 Table 2-15 Maximum Affordable Rents and Sales Prices, San Bernardino County, 2021 .................... 2-17 Table 2-16 Housing Problems, San Bernardino .................................................................................................... 2-19 Table 2-17 Housing Problems, San Bernardino .................................................................................................... 2-20 Table 2-18 Housing Overpayment, San Bernardino, 2010 to 2019 ............................................................... 2-21 Table 2-19 Housing Overcrowding, San Bernardino, 2010 to 2019.............................................................. 2-22 Table 2-20 Special Housing Needs Groups, San Bernardino, 2019 .............................................................. 2-25 Table 2-21 Senior Housing in San Bernardino ...................................................................................................... 2-27 Table 2-22 Services for Seniors in San Bernardino .............................................................................................. 2-29 Table 2-23 Family Housing in San Bernardino ...................................................................................................... 2-31 Table 2-24 Services for Families in San Bernardino ............................................................................................ 2-33 Table 2-25 Housing for Persons with Disabilities in San Bernardino ........................................................... 2-36 Table 2-26 Services for Persons with Disabilities in San Bernardino ............................................................ 2-38 Table 2-27 Services for Persons with Mental Disabilities in San Bernardino ............................................. 2-39 Table 2-28 Housing for Homeless Residents in San Bernardino.................................................................... 2-42 Table 2-29 Homeless Service Providers in San Bernardino .............................................................................. 2-45 Table 2-30 Very Low- and Extremely Low-Income Housing Problems ....................................................... 2-50 Table 2-31 Rental Housing Vouchers, City of San Bernardino, 2020............................................................ 2-52 Table 2-32 San Bernardino Subsidized Multi-Family Housing........................................................................ 2-55 Table 2-33 Subsidy Cost per Unit Type, by Income Category......................................................................... 2-60 Table 2-34 Qualified Housing and Service Entities ............................................................................................. 2-62 Table 3-1 Current Land Use Designations/Districts ............................................................................................ 3-3 Table 3-2 Overlay and Special Zones ....................................................................................................................... 3-4 Table 3-3 Specific Plans with Residential Zones .................................................................................................. 3-5 Table 3-4 Permitted Residential Uses ...................................................................................................................... 3-6 Table 3-5 Residential Development Standards .................................................................................................. 3-17 Table 3-6 Parking Standards for Residential Uses ............................................................................................ 3-22 Table 3-7 Suitability of Residential Zones to Accommodate the RHNA .................................................. 3-24 Table 3-8 Density Bonus Ordinance Assessment .............................................................................................. 3-27 Table 3-9 Adopted Building and Property Maintenance Codes .................................................................. 3-29 Table 3-10 GHG Emissions Reduction Measures and Targets for 2030 ...................................................... 3-31 Packet Page. 1039 Contents vi January 2024 Table 3-11 Street Infrastructure Standards ............................................................................................................ 3-35 Table 3-12 Reviewing Authorities for Residential Development ................................................................... 3-37 Table 3-13 Summary of Approval Process for Housing Projects ................................................................... 3-39 Table 3-14 Development Permit Process Timelines ............................................................................................ 3-43 Table 3-15 Interest Rates, June 2022 ........................................................................................................................ 3-60 Table 3-16 Residential Development Fee Scenario ............................................................................................. 3-61 Table 3-17 2021 Residential Planning Division Fees ........................................................................................... 3-62 Table 3-18 2021 Development Impact Fees .......................................................................................................... 3-63 Table 3-19 AB 1483 Required Documents and Website Access .................................................................... 3-65 Table 4-1 Regional Housing Needs Allocation, San Bernardino, 2021 to 2029 ....................................... 4-2 Table 4-2 Pipeline Housing Projects Credited to the RHNA ........................................................................... 4-5 Table 4-3 Accessory Dwelling Unit Survey ........................................................................................................... 4-15 Table 4-4 ADU Affordability Distribution for the 2021-2029 RHNA .......................................................... 4-16 Table 4-5 Infill Parcels for Rezone to Accommodate Lower Income RHNA ............................................ 4-24 Table 4-6 Housing Opportunity on Surplus Land ............................................................................................. 4-27 Table 4-7 San Bernardino RHNA Status Summary ............................................................................................ 4-35 Table 4-8 Emergency Shelter Overlay Sites ......................................................................................................... 4-41 Table 4-9 San Bernardino Water Demand and Supply ................................................................................... 4-45 Table 4-10 San Bernardino Existing Wastewater Collection System ............................................................ 4-46 Table 4-11 Primary Financial Resources .................................................................................................................. 4-49 Table 5-1 Household Income, San Bernardino and the Region ..................................................................... 5-2 Table 5-2 Household Income, by RHNA Category, San Bernardino ............................................................ 5-2 Table 5-3 Dissimilarity Index for Household Income, San Bernardino ........................................................ 5-3 Table 5-4 Household Income by Race and Ethnicity, San Bernardino ........................................................ 5-3 Table 5-5 Race and Ethnicity, San Bernardino and the Region ...................................................................... 5-6 Table 5-6 Dissimilarity Index for Race and Ethnicity, San Bernardino ......................................................... 5-6 Table 5-7 Disability Status, San Bernardino and the Region ......................................................................... 5-13 Table 5-8 Seniors Citizens, San Bernardino and the Region ......................................................................... 5-16 Table 5-9 Familial Type, San Bernardino and the Region............................................................................... 5-19 Table 5-10 Regional Analysis of Overpayment and Overcrowding .............................................................. 5-24 Table 5-11 Prevalence of Overpayment .................................................................................................................. 5-25 Packet Page. 1040 Contents City of San Bernardino Housing Element vii Table 5-12 Prevalence of Overcrowding ................................................................................................................. 5-31 Table 5-13 Unhoused Population, San Bernardino Region 2022 .................................................................. 5-36 Table 5-14 Academic Performance ........................................................................................................................... 5-44 Table 5-15 Affordable Housing Inventory in San Bernardino ......................................................................... 5-46 Table 5-16 Transit Metrics, San Bernardino ........................................................................................................... 5-50 Table 5-17 Fair Housing Complaints, FYs 2020–2022 ........................................................................................ 5-57 Table 5-18 Landlord-Tenant Disputes, FY2020-2022 ......................................................................................... 5-58 Table 5-19 Fair Housing Complaints......................................................................................................................... 5-59 Table 5-20 Housing Case Closure Reasons ............................................................................................................ 5-59 Table 5-21 Disadvantaged Unincorporated Communities ............................................................................... 5-74 Table 5-22 Disadvantaged Incorporated Area Summary .................................................................................. 5-83 Table 5-23 Sample of Projects Benefitting the Central District, 2021-2029 .............................................. 5-84 Table 5-24 Sample of Projects Benefitting the Westside, 2021-2029 .......................................................... 5-85 Table 5-26 Overview of Opportunity Indicators ................................................................................................... 5-94 Table 5-27 Resource Opportunity Scores by Area .............................................................................................. 5-95 Table 5-28 Assessment of Fair Housing Implications of Sites ......................................................................... 5-99 Table 5-29 Fair Housing Issues, Metrics, and Actions ..................................................................................... 5-111 Table 6-1 5th Cycle RHNA Progress ......................................................................................................................... 6-2 Table 6-2 Progress in Implementing 2014-2021 Housing Element Programs ......................................... 6-8 Table 6-3 Vision and Land Use Workshops ......................................................................................................... 6-19 Table 6-4 GPAC Meetings Covering the Housing Element ............................................................................ 6-20 Table 6-5 Stakeholder Meeting Summary ........................................................................................................... 6-21 Table 6-6 Summary of Comments and Program Responses ........................................................................ 6-28 Table 7-1 Program Summary, 2021–2029 Planning Period ........................................................................... 7-29 Table 7-2 Housing Element Quantified Objectives ........................................................................................... 7-41 Packet Page. 1041 Contents viii January 2024 This page intentionally left blank. Packet Page. 1042 City of San Bernardino General Plan – Housing Element 1-1 1.0 INTRODUCTION This chapter provides background context for the City of San Bernardino, current planning efforts, and the requirements of the Housing Element. San Bernardino, the County seat, encompasses 62 square miles and is one of 24 cities of San Bernardino County. It is bounded by Highland and Redlands to the east, Colton and Loma Linda to the south, Rialto to the west, and the National Forest to the north. Surrounding lands are largely undeveloped and often topographic, but the surrounding cities are growing at an increasing rate. The City is connected to the broader region by Interstate 215 and Interstate 10. With a population exceeding 222,000, the City is the 18th largest city in California. Incorporated in 1854, San Bernardino grew rapidly through the late 1800s and early 1900s. Fueled by the Pacific Electric Railway, which opened it to the broader region, the city nearly doubled in population by 1910. Growth continued for decades. World War II brought an Army Air Corps base. Postwar prosperity, coupled with continued railroad jobs, and civilian and military jobs at Norton and at Kaiser Steel in Fontana, resulted in vast housing tracts being built in the City's North central and Del Rosa areas. Cal State San Bernardino opened in 1965 and established the City as a central destination for education. In 1977, the City was named an "All-America" City. Like many urban areas, the City also faced challenges. The closure of Norton and Kaiser Steel led to significant downturns in the local economy and employment losses. The real estate boom and bust cycles of the 1980s, 1990s, and mid-2010s took a significant toll on the community, resulting in plummeting property values and soaring housing foreclosures. The City also experienced growing blighting influences and crime with the decline of the City’s urban core coupled with aging infrastructure and neighborhoods. These misfortunes culminated with the City’s bankruptcy in 2012, terrorist attack in 2015, and the aftermath of COVID-19 and economic disruptions. In 2022, the City of San Bernadino officially emerged from all bankruptcy proceedings and the future looks positive. Completion of the General Plan update, the Downtown Specific Plan, and redevelopment of the Carousel Mall will provide for a mix of housing suitable for different ages and income levels. The City’s finances have improved and stabilized, allowing increased expenditures for community services, public safety, and community development. Building permits are at the highest levels in recent years. San Bernardino’s 2021-2029 Housing Element seeks to build on this success by addressing current unmet housing needs and planning for the next generation of residents in San Bernardino. Packet Page. 1043 Introduction 1-2 December 2023 1.1 STATUTORY AUTHORITY California law requires that all cities develop a Housing Element and housing programs to meet their "fair share" of existing and future housing needs for all income groups. Therefore, the City of San Bernardino, along with all local governments in California, must prepare a Housing Element to meet its local housing needs in accordance with Section 65583 of the Government Code. The Housing Element contains goals, policies, and programs to facilitate the development, improvement, and preservation of housing commensurate with its need established by the City, regional government, and the State of California. Requirements for the content of the Housing Element are found in Article 10.6 of Chapter 3 of Planning and Zoning Law, commencing with Government Code Section 65580 et seq. State law prescribes the scope of the Housing Element. The 2021-2029 San Bernardino Housing Element has seven sections, described below. • Chapter 1: Introduction. Includes an overview, the statutory authority and requirements, related planning efforts, overview of the outreach process that informed the development of the Housing Element, and process for maintaining consistency with the General Plan. • Chapter 2: Needs Assessment. Analysis of demographic, social, and housing characteristics; special housing needs; and current and future housing needs due to population growth, demographic change, and other factors affecting housing need, including fair housing. • Chapter 3: Constraints Analysis. Analysis of governmental and nongovernmental (market and environmental-related) constraints that affect the development, maintenance, and improvement of housing for all income groups and people with disabilities. • Chapter 4: Housing Resources. Inventory of resources available to address the City's housing needs, including available land for housing, housing production in the pipeline, and the financial resources and administrative capacity to manage housing programs. • Chapter 5: Fair Housing. This chapter will address the new statutory requirements for affirmatively furthering fair housing set forth by AB 686. This section will also include the results of outreach undertaken to improve fair housing. • Chapter 6: Program Evaluation. This chapter includes an assessment of accomplishments achieved during the prior planning period, a description of outreach and engagement that has informed the process, and a synopsis of changes proposed for the housing element. • Chapter 7: Housing Plan. The goals, policies, and programs to address the development, improvement, and conservation of housing and provision of fair housing opportunities to meet the needs of residents. Packet Page. 1044 Introduction City of San Bernardino General Plan – Housing Element 1-3 1.2 RELATED PLANNING EFFORTS San Bernardino’s 2021-2029 Housing Element is directly related to local-, regional-, and state- mandated planning efforts. The following text describes the relationship of the Housing Element with these planning efforts and how the City maintains consistency with each effort. GENERAL PLAN In 2019, the City began an update of its General Plan, including Housing Element, which was intended to maintain consistency with new policy direction. Changes in the land use element will plan for the appropriate amount of land and land use designations necessary for the City to meet its local housing needs, and the Housing Element’s goals, policies, and programs will reflect these changes. As required by California law, the safety element is being updated with the Housing Element, and the safety element has provided critical information about the location of natural and human-caused hazards that informed the Housing Element. As required by state law, the Housing Element will periodically be updated over the 2021-2029 planning period to maintain consistency with the San Bernardino General Plan as amendments are proposed. REGIONAL HOUSING NEEDS ASSESSMENT The Southern California Association of Governments has the responsibility for allocating the regional fair share of housing needs, assigned by the State of California, to the jurisdictions under its planning authority. The allocation of housing needs is based on statewide and local projections of population, employment, and household trends. California requires local governments to ensure that adequate sites, public facilities, infrastructure, and services are available to facilitate housing production in accordance with their assigned share of the Regional Housing Needs Assessment (RHNA). The RHNA for the 2021 to 2029 planning period is 8,123 new housing units. The Housing Element contains goals, policies, and programs to address the City’s share. OTHER PLANNING EFFORTS During the 2021-2029 planning period, the City continues to implement the Housing Element. The Downtown Specific Plan provides sites to accommodate the housing goals in the 2021-2029 RHNA. A planned comprehensive update of the zoning code will be initiated following adoption of the General Plan update to implement proposed revisions to development processes, zoning districts, increased residential densities, and other associated items. The Housing Element is also consistent with a variety of federal housing plans, including the City’s 2020-2025 Consolidated Plan and Analysis of Impediments to Fair Housing. The Housing Element will be amended, as necessary, to address the City’s RHNA or maintain consistency with related planning efforts, to the extent required by and in accordance with state law. Packet Page. 1045 Introduction 1-4 December 2023 1.3 PUBLIC OUTREACH State law requires cities to make a "diligent effort" to achieve participation by all economic segments in the Housing Element. As the Housing Element update is part of an overall update to the General Plan, San Bernardino solicited input from the public throughout the General Plan update process and the Housing Element Update. Input was provided during the development of the draft element, the public review of the draft element, and the adoption process. The City’s public participation program included the following: • Visioning Workshops: The City engaged residents, local leaders from each City ward, and a wide swath of stakeholders regarding their perceptions of existing issues and visions for the future of the city during the spring to fall 2021. Activities to engage residents involved workshops, pop-ups, online surveys, stakeholder interviews, and other initiatives. Efforts culminated in a vision to guide the general plan update. • Committee and Ward Meetings: A General Plan Advisory Committee (GPAC) was appointed to provide input, feedback, and recommendations to City staff, Planning Commission, and City Council on key components of the General Plan and Housing Element update. The GPAC held more than a dozen meetings covering topics relevant to the Housing Element. In addition, the City held workshops in each ward to understand issues unique to each area of San Bernardino. • Website Presence: The City of San Bernardino made a diligent effort to keep the public informed about the status of the General Plan update and 2021-2029 Housing Element update. A General Plan website was set up to inform residents of the update, including the Housing Element. All GPAC meetings, relevant presentations, and background reports were made available online. • Consolidated Plan and Analysis of Impediments Update: Prior to the housing element update, the City’s 2020-2025 Consolidated Plan and Analysis of Impediments to Fair Housing conducted a robust public participation effort that also supported the housing element. The feedback provided through the process supported development of housing and community development needs, priorities, goals, and strategies. • Stakeholder Consultations: The City contacted stakeholders to inform the overall housing element update and the fair housing analysis. Stakeholders were selected to include a broad array of interest groups, such as neighborhood groups, faith-based groups, fair housing agencies, community-based organizations, nonprofit organizations, health agencies, city- county agencies, developers, and financial institutions among others. The public outreach process and the key findings that inform the development of the goals, policies, and programs of the housing element are described in greater detail in Chapter 6. Packet Page. 1046 City of San Bernardino General Plan – Housing Element 2-1 2.0 HOUSING NEEDS Providing adequate and suitable housing is a critical responsibility for all cities in California. As such, the State of California requires that all local governments in the state include in their housing element updates an “assessment of housing needs.” The authority for this assessment comes from Cal. Govt. Code § 65583(a)(1), (2), and (7), which specify the requisite analysis. This chapter provides the existing housing setting for the General Plan existing conditions report and the requisite “housing needs assessment” for the City’s 2021-2029 Housing Element. San Bernardino is approximately 62 square miles and the 18th most populated city in California. As the oldest city in the Inland Empire, San Bernadino has a complex past and has experienced significant change—demographic, economic, land use, environmental, and housing, among others. Therefore, for this General Plan, understanding San Bernardino’s future opportunities for housing residents requires a thorough understanding of the existing conditions on the ground today. To this end, this chapter includes a quantification and a descriptive analysis of the City’s existing housing needs. The existing need analysis is organized as follows: • Analysis of demographic characteristics, including population growth, population characteristics and trends (age, race and ethnicity, household type, etc.), and their implications for housing needs. • Analysis of housing growth, characteristics, housing sales and rents, housing problems (e.g., overpayment, overcrowding, substandard housing), and their implications for housing needs. • Analysis of special needs, including a quantification and description of the needs of senior citizens, families, people with disabilities, homeless people, college students and faculty, etc. • Identification of assisted and affordable housing projects in the community along with an analysis of their status to convert from affordable to market rents. Following an assessment of existing conditions, this chapter closes with a summary of key challenges moving forward for the City of San Bernardino’s 2021-2029 Housing Element. Packet Page. 1047 Housing Needs 2-2 January 2024 2.1 POPULATION PROFILE POPULATION GROWTH Historically, population growth in the City of San Bernardino and county has been largely responsible for the increase in the type and level of housing demand and housing production. The City has historically accommodated this population growth through annexations and residential development within its sphere of influence, particularly in northern San Bernardino. The City and County saw significant growth during the economic expansion of the 1980s, increasing 38 and 58 percent, respectively (see Figure 2-1). However, as shown by the gold line, the City’s population as a percentage of the County declined. During the 1990s and 2000s, population still rose in the City county, at 13 and 20 percent per decade. By 2020, population growth slowed to 6 and 7 percent, respectively. Through the year 2030, SCAG projects that population will grow 13 percent in the county and 1.3 percent in the City, although actual population growth in the City will be higher according to the 2021-2029 RHNA. Table 2-1 shows population growth trends in the City and County from 1990 to 2030. Table 2-1 Population Growth, San Bernardino and County, 1990–2030 Year Population Percent Change City Pop. as % of County City County City County 1990 164,164 1,418,380 38.2% 58.5% 12% 2000 185,401 1,719,000 12.9% 21.2% 11% 2010 209,924 2,035,210 13.2% 18.4% 10% 2020 222,101 2,181,654 5.8% 7.2% 10% 2030 230,500 2,474,000 1.3% 13.4% 9% Source: SCAG RTP/SCS 2020 Demographic and Growth Forecasts; US Census, 1980-2020. 0% 3% 6% 9% 12% 15% 0 50,000 100,000 150,000 200,000 250,000 300,000 1980 1990 2000 2010 2020 2030 San Bernardino Population Figure 2-1 Population Growth in the City of San Bernardino, 1980-2030 Packet Page. 1048 Housing Needs City of San Bernardino General Plan – Housing Element 2-3 AGE CHARACTERISTICS San Bernardino’s housing needs are influenced by residents’ ages. Different age groups have different lifestyles, family types, and income levels that affect their housing needs. Younger adults tend to occupy more affordable apartments, middle-aged adults tend to desire larger homes to accommodate children, and seniors may begin to downsize to smaller homes that are easier to maintain. Table 2-2 shows age trends for San Bernardino measured between 2000 and 2019. Nearly a third of San Bernardino’s population is youth below age 18, suggesting that a significant portion of its population could potentially age into householder age during this decade. However, youth have declined in numbers over the last two decades, from 35 percent in 2000 to just under 30 percent in 2019. In fact, this age bracket is the only age group to decline since 2010; all others (except for the college age 18- to 24-year-old bracket) have increased in their share of the population. Countywide, the share of youth under age 18 is approximately 26 percent. Though the City’s young adult population has increased over the past two decades, it remains stable at 12 percent of the population. The City’s working-age population, ages 25 to 65, has remained at approximately one-half of the City’s total population. Meanwhile, over the past two decades, the second largest age bracket has been the 25- to 44-year-old group, whose members may begin homeownership or have already established their place of residence in San Bernardino. The 45 to 64 age group stands at 21percent of the population, with virtually no change since 2010. Overall, San Bernardino seniors ages 65 and older recorded the most significant increase of any age bracket, increasing 17 percent between 2010 and 2019. At 9 percent of the total population, seniors represent the smallest age group in the City as of 2019—smaller than the countywide average of 12 percent. However, if local trends in aging continue, potentially up to one in ten residents will become a senior by 2030, suggesting an additional need for senior housing. Table 2-2 Age Trends, San Bernardino, 2000 to 2019 Age Groups 2000 2010 2019 Change (2010–2019) Number % Number % Number % Total 185,401 100% 209,924 100% 216,089 100% 3% 0-17 65,180 35% 67,238 32% 64,020 30% -5% 18-24 20,433 11% 26,654 13% 26,571 12% 0% 25-44 54,915 30% 56,221 27% 61,324 28% 9% 45-64 29,607 16% 43,277 21% 44,818 21% 4% 65 + 15,266 8% 16,534 8% 19,356 9% 17% Source: US Census Bureau's Decennial Census (2000, 2010); 2015-2019 ACS 5-Year Estimates. Packet Page. 1049 Housing Needs 2-4 January 2024 RACE AND ETHNICITY San Bernardino has been a racially and ethnically diverse city for decades. It had one of the first Chinatowns in the late 1880s and a Japanese American area in Seccombe Park. The Black community began in the Valley Truck Farm neighborhood. Since the 1960s, the Medical Center (formerly known as Muscoy) and Base Line corridors were mostly Black, in the east side and west side areas centering on Waterman Gardens and the Maplewood project. The heart of the Mexican American community is on the west and south sides of San Bernardino, but it has now expanded citywide. The northernmost portion of the City remains predominantly White. While the City has been home to different race and ethnic groups, significant demographic changes have occurred since 2000. For instance, Whites declined from the majority group (53 percent) in 2000 to only 35 percent by 2019. Hispanics have become the majority at 65 percent of the population. Blacks and Asians have remained generally stable in number during this time. 2020 Census figures indicate that Hispanics have continued to increase in number and proportion. Many residents were also born outside the United States; more than one in five are foreign born, and of those, 80 percent are from Latin America. Because of the City’s race and ethnic composition, a larger proportion of residents than in other communities speak languages other than English. Table 2-3 shows the racial and ethnic composition for the City and how the composition has changed between 1990 and 2019. Race and ethnic characteristics of San Bernardino’s population are further described later in this needs assessment as well as in the fair housing section. Table 2-3 Race and Ethnic Composition, San Bernardino, 2000 to 2019 Race / Ethnic Group 2000 2010 2019 Change (2010–19) Number % Number % Number % Total Population 185,401 100% 209,924 100% 216,089 100% 3% Non-Hispanic 97,379 53% 83,930 40% 75,274 35% -10% • White 53,630 29% 39,977 19% 31,176 14% -22% • Black 29,654 16% 29,897 14% 28,711 13% -4% • Asian/Pacific Isl. 8,176 4% 8,731 4% 9,479 4% 9% • Other 5,919 3% 5,325 3% 5,908 3% 11% Hispanic 88,022 47% 125,994 60% 140,815 65% 12% Diversity Index 78% 70% N/A Source: US Census Bureau, Decennial Census (2000, 2010); 2015-2019 ACS 5-Year Estimates Packet Page. 1050 Housing Needs City of San Bernardino General Plan – Housing Element 2-5 HOUSEHOLD CHARACTERISTICS San Bernardino’s housing needs also vary depending on household type, size, and age characteristics. This includes family size, the presence of children, single versus double incomes, and other characteristics. For instance, families with young children often seek the living space and the financial investment that homeownership offers. In contrast, single-person households tend to desire apartments and townhomes that are easier to afford and maintain and offer greater mobility. These patterns underscore the need for a diversity of housing types and prices for different households in the City. Table 2-4 reports the proportions of family and nonfamily households in San Bernardino and how they have changed from 2010 to 2019. The City experienced limited changes in household composition over the decade. In 2010 and 2019, families made up 75 percent of all households. Moreover, the average size of households remained relatively stable, increasing only slightly. The portion of households with families raising children was roughly the same in both years but fell 13 percent from 2010 and 2019. This trend was mirrored to a lesser extent in households where couples were married. Households where unrelated persons cohabitated also decreased by 14 percent. Consistent with regional trends, the City saw a significant increase in households with a householder aged 65 years and older. Table 2-4 Household Types, San Bernardino, 2010 to 2019 Characteristics 2010 2019 Change Number of Hhlds Percent of Hhlds Number of Hhlds Percent of Hhlds Number of Hhlds Percent Total Households 59,283 100% 59,295 100% 12 <1% Family Households 44,520 75% 44,659 75% 139 <1% • Married 25,700 43% 24,360 41% -1,340 -4% • Other Family 18,820 32% 20,029 34% 1,209 6% Nonfamily Households 14,763 25% 14,636 25% -127 -1% Household Age/Size • Householder <35 14,354 24% 14,030 24% -324 -2% • Householder 35–65 34,901 59% 34,185 58% -716 -2% • Householder 65+ 10,028 17% 11,080 19% 1,052 10% • 1 person 11,229 19% 11,614 20% 385 3% • 2 to 4 persons 32,182 54% 33,426 56% 1,244 4% • 5 or more persons 15,872 27% 14,255 24% -1,617 -10% Source: 2015-2019 ACS 5-Year Estimates and US Census Bureau's Decennial Census (2010). Packet Page. 1051 Housing Needs 2-6 January 2024 EMPLOYMENT The San Bernardino Valley offers major centers of employment. Of the 25 largest employment centers in San Bernardino County, which collectively employ a minimum of 25,000 workers in the SCAG region, 8 centers are in San Bernardino itself and employ a minimum of 8,000 workers, if not more, which is approximately one-tenth of San Bernardino’s employed population. These centers are dispersed throughout the City and include CSU San Bernardino, an Amazon logistics facility, two medical centers, San Bernardino City Unified School District, and four government entities (city, county, state, and federal). Major employment centers are in communities directly adjacent to the City’s borders as well, including Redlands to the east, Colton to the west, and Loma Linda to the south. Loma Linda University in Loma Linda is the only employment center in the area to employ more than 5,000 workers at a single facility. Table 2-5 reports the largest employers and employment centers in San Bernardino and adjacent cities. Table 2-5 Major Employment Centers in and Around San Bernardino 2020 Employer Name Location Number of Employees San Bernardino, CA San Manuel Band of Mission Indians San Bernardino 5,000 to 9,999 City of San Bernardino San Bernardino 1,000 to 4,999 Amazon Fulfillment Center San Bernardino 1,000 to 4,999 Burlington Distribution Center San Bernardino 1,000 to 4,999 California State University, San Bernardino San Bernardino 1,000 to 4,999 Dignity Health Community Hospital San Bernardino 1,000 to 4,999 San Bernardino County School Superintendent San Bernardino 1,000 to 4,999 San Bernardino County Sheriff San Bernardino 1,000 to 4,999 St. Bernardine Medical Center San Bernardino 1,000 to 4,999 Communities Near San Bernardino Amazon Fulfillment Center Redlands 1,000 to 4,999 Arrowhead Regional Medical Center Colton 1,000 to 4,999 Loma Linda University Health Board Loma Linda 5,000 to 9,999 Loma Linda University Medical Center Loma Linda 5,000 to 9,999 Environmental Systems Research Institute Redlands 1,000 to 4,999 Redlands Community Hospital Redlands 1,000 to 4,999 Source: California EDD, Major Employers of San Bernardino County (accessed March 4, 2020), https://www.labormarketinfo.edd.ca.gov/majorer/countymajorer.asp?CountyCode=000071. Packet Page. 1052 Housing Needs City of San Bernardino General Plan – Housing Element 2-7 A key goal for most cities is a balance between housing units and employment opportunities in the same city—the jobs-to-housing ratio. As mentioned earlier, major employment centers in the county are both in and adjacent to San Bernardino, suggesting a diversity of short- to midrange commutes for residents. According to the US Census Bureau’s OnTheMap tool, San Bernardino had approximately 84,500 jobs in 2019, and the 2015-2019 ACS shows that there were approximately 63,500 housing units in the same year. This means that the jobs-to-housing ratio for 2019 was 1.33, indicating there were more jobs than housing units available in the City. The eight major job centers employ many City residents, but also likely draw in a portion of their workforce from outside the City. Many of these employment centers are in the government, healthcare/medical, education, and logistics sectors. According to 2015-2019 ACS, as much as 46 percent of San Bernardino’s employed residents of 85,786 workers work in one of these industries. The educational services, health care, and social assistance sector is the largest sector, accounting for 18 percent of all jobs. Table 2-6 displays the industries that employ San Bernardino-residents. Table 2-6 Employed Residents by Industry, San Bernardino, 2019 Employment Classifications Employment Median Full-Time Number Percent Earnings Civilian employed population 16 years and over (Total) 85,786 100% Agriculture, forestry, fishing and hunting, and mining 553 0.6% $30,000 Construction 7,229 8.4% $42,000 Manufacturing 7,150 8.3% $32,500 Wholesale trade 2,893 3.4% $36,700 Retail trade 11,829 13.8% $31,400 Transportation and warehousing, and utilities 10,244 11.9% $35,200 Information 606 0.7% $55,900 Finance, insurance, real estate and rental and leasing 3,209 3.7% $41,700 Professional, scientific, management, administrative 8,636 10.1% N/A Educational services, health care and social assistance 15,779 18.4% $40,500 Arts, entertainment, recreation, hospitality, food service 8,816 10.3% $25,100 Other services, except public administration 4,400 5.1% $30,400 Public administration 4,442 5.2% $47,700 Source: 2015-2019 ACS 5-Year Estimates Packet Page. 1053 Housing Needs 2-8 January 2024 HOUSEHOLD INCOME Household income, along with housing costs, is the primary factor driving the ability to afford adequate housing. The median household in San Bernardino earned an income of $45,834 in 2019, increasing 19 percent in nominal dollars over the decade. In comparison, the county median household income increased 13 percent to $63,362 in 2019. So while the City median household income is significantly below the county median income and many other surrounding communities, it increased faster than the county (Figure 2-2). Table 2-7 shows the median household income as well as the number of households by income bracket observed in 2019 in San Bernardino. Table 2-7 Household Income, San Bernardino, 2019 Household Income Categories Households Number Percent Total Households 59,295 100% Less than $15,000 8,867 14.9% $15,000 to $24,999 7,088 12.0% $25,000 to $34,999 6,733 11.4% $35,000 to $49,999 9,446 15.9% $50,000 to $74,999 10,187 17.2% $75,000 to $99,999 7,135 12.0% $100,000 to $149,999 6,512 11.0% $150,000 and above 3,327 5.6% Median Household Income $45,834 -- Source: 2015-2019 ACS 5-Year Estimates Median household income varies by demographic characteristics. White households earned a median income of $49,713, followed by Hispanics at $47,482, Asians at $47,393, and Blacks at $32,248. Median income was highest for householders ages 45 to 64 at $55,293, followed by householders ages 25 to 44 ($44,228) and householders ages 65 years and above ($36,550). $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 City County 2010 2019 Figure 2-2 Median Household Income, San Bernardino City and the County, 2010-2019 Packet Page. 1054 Housing Needs City of San Bernardino General Plan – Housing Element 2-9 The California Department of Housing and Community Development (HCD) assesses the housing needs of different income groups as part of the regional housing needs assessment. Surveys are done in each county to determine the median family income (MFI). Households are then grouped into five income groups for the purpose of determining the need for assistance. Based on state income categories, these income groups are defined below and illustrated in Figure 2-3. • Extremely low income (0–30% of MFI). Extremely low income residents are the make up one of every four households. • Very low income (31–50% of MFI). Approximately 55 percent of renters but only 23 percent of homeowners earn VLI. • Low income (51–80% of MFI). Approximately 22 percent of renters and 21 percent of homeowners earn LI. • Moderate income (81–120% MFI). 22 percent of renters and 22 percent of homeowners earn moderate incomes. • Above moderate (>120% of MFI). 35 percent of homeowners versus 8 percent of renters earn above moderate incomes. Table 2-8 shows San Bernardino households by income level. Of note, 57 percent of moderate and above income households are owners, while 75 percent of renters are lower income. Table 2-8 Household Incomes by RHNA Category Income Category Income Definition and Threshold Percent Owners Renters Total Extremely Low up to $26,500 10% 34% 23% Very Low $26,500 to $39,500 13% 21% 17% Low $39,500 to $63,200 21% 22% 21% Moderate $63,200 to $93,000 22% 15% 18% Above Moderate Above $93,000 35% 8% 21% Source: Comprehensive Housing Affordability Strategy 2015-2019 Note: Income groups are adjusted for family size, income, and HCD 2020 income limits based on a family of four persons. Figure 2-3 Number of Households by Income and Tenure, City of San Bernardino 0 2,000 4,000 6,000 8,000 10,000 12,000 ELI VLI LOW MOD ABOVE Owners Renters Packet Page. 1055 Housing Needs 2-10 January 2024 2.2 HOUSING PROFILE This section describes and analyzes housing characteristics and trends to provide a basis for assessing the match between the demand and supply of housing in San Bernadino. These characteristics include, among others, housing growth trends, housing characteristics, age and condition of housing, housing prices and rents, and homeownership. HOUSING GROWTH The City’s housing production has varied significantly over the past 40 years. As shown in Figure 2-4, the City’s highest growth of growth occurred during the 1980s. Fueled by defense industry expansion and demand for housing, the City saw expansive development, particularly apartments and other multi-family dwellings. San Bernardino experienced several recessions over the next few decades. The housing crash of the 1990s led to unprecedented foreclosures and associated housing and neighborhood issues. This pattern was repeated in the 2000s with a crash in the real estate market. As a result, housing production dramatically declined. During this period, most of the new residential development was single-family homes. San Bernardino again faced a significant recession during the 2010s, this time for economic reasons. The City formally declared bankruptcy in 2012, resulting in significant cutbacks in public services. After five years, the City officially emerged from bankruptcy on June 15, 2017. During the bankruptcy, the City experienced less demand for housing construction, and instead efforts focused on addressing other issues, such as reductions in services, the rehabilitation of older and poorly designed housing, and the preservation of at-risk housing units. The 2020s have begun with a significant downtown due to the COVID pandemic, which deeply affected the financial status of many San Bernardino residents and depressed the local economy. However, looking forward, based on pipeline residential projects, the City is beginning to see an uptick in planned housing development. Plans for the downtown and Carousel Mall, complete redevelopment of the Waterman Gardens public housing project, the first General Plan update in 20 years, and residential development elsewhere portend an improvement in the City. Figure 2-4 Residential Development Permits Issued by Decade, San Bernardino 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 1980s 1990s 2000s 2010s SFR Units Permitted MFR Units Permitted Packet Page. 1056 Housing Needs City of San Bernardino General Plan – Housing Element 2-11 HOUSING TYPE A broad range of types of housing is important to offering ample opportunities for residents of all income levels to own or rent housing in the City. San Bernardino’s housing stock continues to be predominantly single-family residential, which makes up approximately 63 percent of all housing units in the City. A small percentage of single-family homes are attached. In Figure 2-5, multi-family units compose about 31 percent of the entire housing stock. Three-quarters of the multi-family housing stock is apartment projects with five or more units. The other quarter of multi-family units are duplexes, triplexes, and quadplexes. In addition, 46 mobile home parks provide more than 4,000 units, or 6 percent of the total housing stock. This component of the City’s housing stock is not anticipated to change much over the life of the General Plan. Looking forward, it is anticipated that multi-family housing will be built downtown and along corridors, while other areas are slated for primarily single-family homes. In addition, the City is experiencing a significant increase in the construction of accessory dwellings. ADUs will likely exceed the total number of mobile homes over the next few decades. Figure 2-5 and Table 2-9 illustrate the City’s housing by unit type. Table 2-9 Housing Unit Types, San Bernardino, 2020 Housing Unit Type 2020 Number of Units Percent of Units Total 66,147 100% Single-family, detached 39,740 60% Single-family, attached 1,925 3% Multi-family, 2 to 4 units 5,052 8% Multi-family, five or more units 15,196 23% Mobile home 4,234 6% Source: California Department of Finance, 2020 Note : As of the 2015-2019 ACS, 5,780 residents live in group quarters (2.6% of the City’s population). This includes the following breakdown: college/university student housing (1,135 people), nursing/skilled nursing facilities (927 people), correctional adult and juvenile facilities (818 people), other institutional facilities, (1,463 people), and other noninstitutional facilities (1,437 people) 60% 3% 8% 23% 6% SFR, detached SFR, attached MFR, 2-4 units MFR, 5+ units Mobile home Figure 2-5 Housing Types in the City of San Bernardino, 2020 Packet Page. 1057 Housing Needs 2-12 January 2024 HOUSING SIZE The size of housing is often determined by market demand and the development regulations imposed (density, unit size, lot coverage) or incentives (regulatory and financial) offered for different types of housing. Offering an appropriate size of unit helps to ensure that single-person households, small families, and large families have housing best suited to their needs and do not have to overcrowd into small units or pay too much for housing not suited to their needs. As shown in Table 2-10, an assessment of housing stock by bedroom number reveals distinct patterns of development that likely influence the type and size of household occupying the home. • Single-family homes predominantly consist of three- and four-bedroom units (80 percent), which is expected given the purpose of the homes and the desire to accommodate families with children. Approximately 15 percent of these units are two-bedroom homes. • Condos, townhomes, and mobile homes are predominantly two- and three-bedroom units (80 to 90 percent). The primary difference is that the first two multi-family types contain more one-bedroom units, and mobile homes have more four-bedroom units. • Apartments are predominantly (95 percent) one- or two-bedroom units. Most studio units are likely senior units. Of note, only 4 percent of the stock has three or more bedrooms, suitable for large families. Deed-restricted projects often have 8 to 10 percent large-family units. Based on this assessment and the demographics of San Bernardino, there appears to be a lack of rental apartments that are large enough to accommodate large families, particularly lower income families. Given that more than two-thirds of the City’s single-family, condominiums, townhomes, and mobile homes are two- and three-bedroom units, it stands to reason that larger families of more than five members could have a difficult time finding vacant and affordable housing stock. Table 2-10 Housing Units by Bedroom Number, San Bernardino, 2020 Bedroom Count Housing Types Single Family Condo/ Townhome Mobile Home Apartments None 0% 0% 0% 1% One Bedroom 1% 18% 0% 33% Two Bedroom 15% 52% 58% 62% Three Bedroom 57% 28% 34% 4% Four Bedroom 23% 1% 8% -0- Five Bedrooms or more 4% 1% 0% -0- Source: Redfin Home Sales, 2020; Apartments.com, 2020. Packet Page. 1058 Housing Needs City of San Bernardino General Plan – Housing Element 2-13 HOUSING TENURE Housing tenure refers to whether housing is owned or rented. Homeownership is often seen as an important measure of housing stability because it allows individuals to accumulate wealth and provides for a more stable living situation. Over the past two decades, the percentage of homes rented increased from 48 to 53 percent. The primary reason is due to the steady increase in the percentage of single- family detached homes that are rented. Nearly one-third of single-family detached homes are rented, one of the highest rates in the Inland Empire. Vacancy rates are an important metric for assessing the demand and affordability of housing. Typically, vacancy rates of about 5 percent for rentals and 3 percent for homeowners are considered optimal to allow for adequate choices for consumers and enough incentives for developers to build housing. In 2010, vacancies far exceeded those levels, which likely made it unprofitable to build housing. By 2019, however, vacancy rates declined to below optimal levels, resulting in inflated housing prices and rents. This may also be the reason for the uptick in housing production, as it has become more profitable to build housing. Table 2-11 shows the household tenure and vacancy rates in San Bernardino for 2000 through 2019 by tenure. Table 2-11 Household Tenure and Vacancy Rates, San Bernardino, 2000 to 2019 Tenure 2000 2010 2019 Number Percent Number Percent Number Percent Occupied Units 56,330 100% 59,283 100% 59,295 100% Owner-occupied 29,536 52% 29,838 50% 28,118 53% - Vacancy Rate 6.4% 3.9% -- 1.4% -- Rental-occupied 26,794 48% 29,445 50% 31,177 47% - Vacancy Rate 10.8% 9.7% -- 3.1% -- Source: 2015-2019 ACS 5-Year Estimates (Table DP04) and US Census Bureau's Decennial Census (2000 and 2010). 26%28% 33% 20% 25% 30% 35% 40% 45% 50% 55% 2000 2010 2019 % Renter % Owner % SFR-D Rented Figure 2-6 Housing Tenure in the City of San Bernardino, 2020 Packet Page. 1059 Housing Needs 2-14 January 2024 HOUSING AGE Housing age is often an indicator of housing quality. While age alone cannot determine housing condition, certain generalizations on condition can be made. Typically, homes less than 30 years old are in good condition with limited repair needs. Homes between 30 and 50 years old require periodic investments in major systems, such as roofing, plumbing, electrical, and other items. Homes older than 50 years are likely to have greater rehabilitation needs if not maintained over time. The 2015-2019 ACS indicates that among single-family units, most were built between 1940 and 2000, following the World War II boom. Most apartment properties were built between 1960 and 1990 (see Figure 2-7). Regardless of the year built, most homes in San Bernardino are at least 30 years old and likely in need of some degree of repair. Only approximately 16 percent of housing units were built within the last 30 years, and only 1 percent of the City’s whole housing stock was built during or after 2010. At least 50 percent of the City’s housing stock is at least 50 years old. Table 2-12 shows the City’s housing stock by its decade of construction as data were available. Table 2-12 Housing Units by Period of Construction, San Bernardino, 2019 Housing Unit Age Single-family Units Multi-family Units Total Units Percent of Units Total Units Percent of Units Total Housing Units 38,428 -- 20,867 -- Built 2010 or later 301 1% 555 3% Built 2000 to 2009 2,740 7% 1,102 5% Built 1980 to 1999 7,840 20% 7,785 37% Built 1960 to 1979 8,586 22% 8,180 39% Built 1940 to 1959 14,431 38% 2,697 13% Built 1939 or earlier 4,530 12% 548 3% Source: ACS 2015-2019 5-Year Estimates (Table B25127). Vacant units are not included. 0%5%10%15%20%25%30% After 2000 1980 to 1999 1960 to 1979 1940 to 1959 Before 1940 Figure 2-7 Decades When Housing Was Built in the City of San Bernardino, 2020 Packet Page. 1060 Housing Needs City of San Bernardino General Plan – Housing Element 2-15 HOUSING PRICES San Bernardino experienced a rapid increase in home prices regardless of housing type or location. Prices have increased even more significantly over the past few years since the COVID pandemic began in 2020, making it more difficult for renters to purchase housing. Figure 2-8 shows the stark increases in home prices in San Bernardino between 2012 and 2021. In 2012, the median price of a single- family home was $127,000, $50,000 for a condominium, and $71,000 for a townhome. By 2021, single-family home costs increased 212 percent to $369,000, condominium prices increased 292 percent to $196,000, and townhome prices increased 400 percent to $355,000. Mobile home prices also increased. Between 2016 and 2021, mobile home prices doubled to $95,000. Overall, housing price increases over the decade outpaced increases in household income. In 2020, the median sales prices for a single-family home ranged from $212,500 to $408,000, depending on the number of bedrooms and unit size. Sales prices for condominiums and townhomes ranged from $133,000 to $389,000. Table 2-13 displays the median sales prices for homes sold in San Bernardino in 2020. Table 2-13 Median Home Sales Costs, San Bernardino, 2020 ff Housing Unit Size 1 bdrm 2 bdrm 3 bdrm 4 bdrm 5 bdrm Single-Family $212,500 $275,000 $336,000 $378,000 $408,000 Condos/Townhomes $133,000 $179,000 $279,000 $415,000 $389,000 Mobile homes N/A $76,000 $105,000 107,000 N/A Source: Redfin, 2020. Figure 2-8 Trends in Median Home Prices in San Bernardino, 2012 to 2021 $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 2012 2014 2016 2018 2020 Single-Family Condos Townhomes Mobilehomes Packet Page. 1061 Housing Needs 2-16 January 2024 APARTMENT RENTS Thirty six apartment properties were surveyed for asking rents. Most of these properties are 30 to 40 years old. Approximately 62 percent of them offer two- bedroom units, another one-third offer only one-bedroom units, and 5 percent are either studios or offer at least three or more bedrooms per unit. The City’s apartments are primarily investment grade B or C. The median apartment rent, depending on the number of bedrooms, ranges from $750 to $1,613 per month. Larger apartment units with more bedrooms cost more than those with fewer bedrooms or studio-only apartments. On average, the median apartment rent increases by approximately $200 per month for each bedroom in addition to a one-bedroom unit. Apartment rents will vary based on the condition, quality, and amenities (“grade”) of the property. Grade A apartments are the newest, have quality amenities, and are deemed in excellent condition. Grade B apartments are usually not older than 30 years and are in good but not excellent condition, with fewer amenities than Grade A. Grade C apartments are usually not centrally located, usually require renovation, and may have significant deferred maintenance. On average, the rent difference between a Grade A and Grade C apartment is about $700 per month. Table 2-14 reports the findings of the apartment survey. Table 2-14 Apartment Rents, 2021 Rent by Bedroom Studio One Bdrm Two Bdrm Three Bdrm Average Rent $750 $1,230 $1,422 $1,582 Median Rent $750 $1,235 $1,425 $1,613 Property Count 1 30 35 10 Grade (Count) Rent by Apartment Grade A Project (2) N/A $1,542 $1,958 N/A B Project (16) N/A $1,313 $1,535 $1,770 C Project (18) $750 $1,125 $1,286 $1,443 Source: Apartments.com, Survey of listings, accessed January 2021. Acacia Park Apartments Packet Page. 1062 Housing Needs City of San Bernardino General Plan – Housing Element 2-17 HOUSING AFFORDABILITY Housing affordability refers to how much a household can afford to pay for a home and is defined as the ratio of housing expenses to income (“cost burden”). The housing industry typically assumes that the “affordable” payment for a homeowner should range from 30 to 40 percent of gross monthly income, with the latter figure being used in the California Association of Realtors’ first- time homebuyers’ index. For renters, the appropriate cost burden varies from 30 to 40 percent, with the latter being used under the Federal housing choice voucher program. This Housing Element uses a midpoint of 35 percent cost burden for ownership (many expenses are tax deductible) and 30 percent for renters as the threshold for housing overpayment. Table 2-15 shows the amount that households of different incomes can afford for a home in San Bernardino, and the following descriptions compare housing affordability for different incomes. Table 2-15 Maximum Affordable Rents and Sales Prices, San Bernardino County, 2021 Household Income Category Household and Unit Size Studio (1 person) 1-Bedroom (2 people) 2-Bedroom (3 people) 3-Bedroom (4 people) 4 Bedroom 5 people) Income Extremely Low $16,600 $19,000 $21,960 $26,500 $31,040 Very Low $27,650 $31,600 $35,550 $39,500 $42,700 Low $44,250 $50,600 $56,900 $63,200 $68,300 Moderate $65,100 $74,400 $83,700 $93,000 $100,450 Monthly Rent1 Extremely Low $415 $475 $549 $663 $775 Very Low $691 $790 $889 $988 $1,068 Low $1,106 $1,265 $1,423 $1,580 $1,708 Moderate $1,628 $1,550 $2,093 $2,325 $2,511 Maximum Price2 Extremely Low $49,000 $61,000 $75,000 $96,000 $117,000 Very Low $101,000 $120,000 $131,000 $148,000 $157,000 Low $167,000 $194,000 $222,000 $244,000 $266,000 Moderate $252,000 $292,000 $332,000 $372,000 $404,000 Source: California HCD Income Limits 2021. 1. These rents calculated by dividing the HCD 2021 Income Limits by 12 months and then by 30% of income. 2. Assumes 30-year fixed mortgage, $25,000 down payment, 5% interest rate, 1.2% property tax, 1% property insurance, and maximum payment of 36% debt-income ratio toward housing. Zillow Mortgage Calculator, 2021. Packet Page. 1063 Housing Needs 2-18 January 2024 Housing Affordability by Income Level The following summarizes the affordability of existing rental and ownership housing based on Table 2-15 and the market sales prices and rents charged for homes and apartments in San Bernardino. New housing products may differ from these general affordability rules of thumb and would require to be evaluated on a case-by-case basis based on the size, location, and amenities. Extremely Low Income (0 to 30 percent MFI) Extremely low-income households can afford a home priced between $49,000 and $117,000, depending on household size. In San Bernardino, no market rate housing units of any type or size, except for mobile homes, are affordable to extremely low-income households. This is also true for apartment rentals because extremely low-income households can afford a monthly rent of about $415 to $750—contingent on household size—which is below market rents charged in the City. Very Low-Income (31 to 50 percent MFI) Very low-income households can afford a home priced from $101,000 to $157,000, depending on household size. Given these limitations, there are no for-sale, market-rate housing units of any type or size, except mobile homes, which would be affordable to very low-income households. Neither are there any adequately sized apartment units that would be affordable to these households, since very low-income households can afford a monthly rent of about $691 to $1,068, depending on household size. This is below the market rate rents being charged in the City. Low-Income (51 to 80 percent MFI) Low-income can afford to purchase a home priced from $167,000 to $266,000, depending on household size. Given these limitations, there are no for-sale, market rate housing units of any type or size, except for mobile homes and existing condominiums, which would be affordable to low-income households. Low-income renters can afford $1,106 to $1,708 per unit—around the median rent charged for apartments. ADUs and junior ADUs, even in new homes, are known to rent for $1,000 per month and are affordable. Separate, larger guest houses may also be affordable to low- and moderate-income households. Moderate-Income (81 to 120 percent of MFI) Moderate-income households can afford to purchase a home priced from $252,000 to $404,000, depending on household size. Market rate housing units in San Bernardino affordable to moderate-income households would be mobile homes for households consisting of 3 to 5 persons. Existing townhomes and condominiums, which historically provided affordable ownership housing, may also be affordable. Moderate-income households can afford rent of $1,628 to $2,511 and are therefore able to afford any apartment in San Bernardino, even newer products that are Class A properties. Packet Page. 1064 Housing Needs City of San Bernardino General Plan – Housing Element 2-19 Housing Problems “Housing problems” refers to one or more defined problems—overpayment, overcrowding, or substandard housing. Housing overpayment and overcrowding occur when a household cannot afford suitably sized rental and ownership housing. In other cases, life changes (retirement, children moving back home, loss of job, etc.) can cause overpayment or overcrowding. Substandard housing refers to a lack of complete facilities (plumbing, kitchen, heating) in a home. Figure 2-9 shows the prevalence of housing problems by tenure. As expected, both very low- and low-income households (especially renters) have the highest prevalence of housing problems. Moreover, the number of very low-income households with a housing problem exceed the prevalence of housing problems for all income groups combined. As expected, the number and prevalence of housing problems decline for homeowners and renters as household income increases. At the moderate household income level, the prevalence of housing problems is the same regardless of tenure. The same pattern exists for above moderate-income households. Table 2-16 shows the number and prevalence of housing problems in San Bernardino by tenure and household income level in 2015-2019. Tenure data regarding the prevalence of overpayment, overcrowding, or substandard housing is discussed later in this section. Table 2-16 Housing Problems, San Bernardino Income Level Hhlds with Hsg Problems % Hhlds with Hsg Problems Renters Owners Renter Owner Total Households 21,090 10,320 67% 37% Very Low Income 14,960 4,525 87% 70% Low Income 4,370 2,865 63% 50% Moderate Income 1,395 1,700 31% 28% Above Moderate 365 1,230 15% 13% Source: Comprehensive Housing Affordability Strategy, 2015-2019. 0% 20% 40% 60% 80% 100% Very Low Low Moderate Above Mod Renter Hhlds Owner Hhlds Figure 2-9 Prevalence of Housing Problems in San Bernardino, 2015-2019 Packet Page. 1065 Housing Needs 2-20 January 2024 Though the census does not provide overpayment and overcrowding data for each household type, the CHAS dataset provides information on households who experience either overpayment, overcrowding, and/or substandard housing conditions. The CHAS dataset allows for an analysis of how the prevalence of housing problems may differ among different incomes and types of households who live in San Bernardino (Figure 2-10). Income Level. As shown, the prevalance of housing problems increases as household income decreases. For very low-income households, the prevalance of housing problems is the highest and similar across households. Among low- and moderate- income households, large families have the highest prevalence of housing problems. Household Type. While all groups are affected by housing overpayment and cost burden, large families face overcrowding due to the lack of affordable apartments with three or more bedrooms. Households with a disabled member also face housing overpayment. Elderly households have the lowest (though still high) prevalence of housing problems. Table 2-17 shows the prevalence of housing problems in San Bernardino for 2015-2019. Table 2-17 Housing Problems, San Bernardino Household Type Households with Housing Problems by Income Level Very Low 0–50% MFI Low 51–80% MFI Mod-Above (>80%MFI) Total Large Family 4,765 2,320 1,890 8,975 Small Family 8,120 2,895 1,710 12,725 Elderly 1 or 2 persons 3,735 865 420 5,020 Nonfamily 2,865 1,165 670 4,700 Disabled Member 6,700 1,925 1,165 9,790 Source: Comprehensive Housing Affordability Strategy, 2015-2019. 0%20%40%60%80%100% Large Family NonFamily Elderly Small Family Disabled MOD LOW VLI Figure 2-10 Prevalance of Housing Problems by Household Income and Type, 2015-2019 Packet Page. 1066 Housing Needs City of San Bernardino General Plan – Housing Element 2-21 Housing Overpayment Housing overpayment is a measure of how much a household pays of their income toward the cost of monthly rent or mortgage costs. Typically, households that spend more than 30 percent of their gross income toward housing are considered to be overpaying for housing. Housing overpayment is often considered at two levels—moderate (30 to 49 percent of income toward housing) or severe (more than 50 percent of income). Overall, San Bernardino has a significant number of households overpaying for housing. As shown in Figure 2-11 and Table 2-18, more than 62 percent of renters and 39 percent of homeowners with a mortgage overpaid for housing. Of note, the prevalence of overpayment increased among renters over the decade, but significantly declined among homeowners. Housing overpayment among homeowners is more pronounced in the central city, but renter overpayment is prevalent citywide. While the reasons for the trend in housing over-payment are many, these trends are likely to change based on employment levels, the recession, and housing prices. Table 2-18 Housing Overpayment, San Bernardino, 2010 to 2019 Housing Tenure 2010 2019 Change (2010 to 2019) Number Percent Number Percent Renters 27,739 100% 29,949 100% 8% No Overpayment 10,367 37% 11,170 37% 8% Moderate 7,551 27% 8,469 28% 12% Severe 9,821 35% 10,310 34% 5% Owners w/Mortgage 23,304 100% 19,434 100% -17% No Overpayment 10,169 44% 11,781 61% 16% Moderate 6,511 28% 4,850 25% -26% Severe 6,624 28% 2,803 14% -58% Source: 2015-2019 ACS 5-Year Estimates and 2010 ACS 5-Year Estimates (Tables B25070, B25091). 0% 10% 20% 30% 40% 50% 60% 70% Renters Renters Owners Owners 2010 2019 2010 2019 Figure 2-11 Housing Overpayment Trend in San Bernardino, 2010 to 2019 Packet Page. 1067 Housing Needs 2-22 January 2024 Housing Overcrowding Overcrowding occurs when a household cannot afford a suitably sized housing unit. The US Census Bureau considers a housing unit overcrowded if there is more than one person living in a habitable room. Moderate overcrowding occurs when an average of 1.5 people live in habitable rooms, and severe overcrowding is anything higher. For example, a three-person family living in a three-room home would not be overcrowded, but a four-person family would. Overall, many San Bernardino households live in overcrowded conditions. More than 20 percent of renters—twice the proportion of homeowners—live in overcrowded units. In many areas of the City, particularly downtown, the prevalence of overcrowding is significantly higher. As shown in Figure 2-12, the prevalence of overcrowding in San Bernardino has changed little over the past decade. Renter households saw more severe overcrowding (6.3 percent) than owner-occupied households (2.4 percent). Table 2-19 shows the change in rates of overcrowding by tenure in San Bernardino from 2010 to 2019. Table 2-19 Housing Overcrowding, San Bernardino, 2010 to 2019 Occupants per Room 2010 2019 Change (2010 to 2019) Number Percent Number Percent Owner Households 31,662 28,118 -11.2% Less than 1.00 ppr 28,721 90.7% 25,310 90.0% -11.9% 1.0 to 1.5 ppr 2,361 7.5% 2,146 7.6% -9.1% 1.5 or more ppr 580 1.8% 662 2.4% 14.1% Renter Households 29,294 31,177 6.4% Less than 1.00 ppr 23,172 79.1% 24,751 79.4% 6.8% 1.0 to 1.5 ppr 4,089 14.0% 4,465 14.3% 9.2% 1.5 or more ppr 2,033 6.9% 1,961 6.3% -3.5% Source: 2015-2019 ACS 5-Year Estimates and 2010 ACS 5-Year Estimates (Table B25014). Note: ppr = person(s) per room 0% 5% 10% 15% 20% 25% Renters Renters Owners Owners 2010 2019 2010 2019 Figure 2-12 Housing Overcrowding Trend in San Bernardino, 2010 to 2019 Packet Page. 1068 Housing Needs City of San Bernardino General Plan – Housing Element 2-23 Housing and Neighborhood Conditions Housing conditions, according to the federal government, typically relate to the provision and completeness of utilities, such as the availability of kitchens, bathrooms, heating, and air conditioning. However, these measures do not reflect the habitability of a unit. More important indicators include the condition of the structure or property itself. The City has not completed a recent housing survey due to resource constraints, but a housing conditions survey was completed in 2000. This provides a baseline of information that is useful for future housing condition surveys. City staff have confirmed that the results of that study are accurate for planning purposes. Property Conditions The City conducted a block-by-block analysis of housing in San Bernardino built before the mid-1980s. The objective of the survey was to assess the predominant conditions of properties and dwelling units at the block level. The survey areas included nearly 50,000 units, about 75 percent of the City’s housing stock. The survey examined exterior property and dwelling unit conditions using a point scoring system for yard maintenance/appearance and the conditions of major exterior components. The predominant issue at a “block level” was homes with poor property conditions, such as landscaping, walls/fences, and debris. This finding was not surprising—30 percent of the single-family homes in the City are rented, and many are managed by absentee landlords. Multi-family properties also showed a need for property maintenance; 45 percent were recorded in fair or poor condition (see Figure 2-13). The quality of residential neighborhoods has become a more prominent issue in recent years as the City has emerged from bankruptcy and seeks to improve neighborhoods. The City is increasing staffing from 5 to 20 inspectors to conduct and process inspections. The City currently makes approximately 4,000 inspections of properties each year to address a wide range of property concerns. Some of the more frequent concerns are graffiti, property debris, fencing and walls, inoperable vehicles, trees and vegetation, and other concerns in neighborhoods. The Housing Plan provides a series of goals, policies, and programs to address property conditions. 0% 10% 20% 30% 40% 50% 60% Excellent Good Fair Poor SFR Blocks MF Properties Figure 2-13 Property Conditions, San Bernardino, 2000 Packet Page. 1069 Housing Needs 2-24 January 2024 Housing Conditions San Bernardino’s housing stock is varied in age, style, location, and condition. No recent housing surveys exist due to lack of City resources, the recession, City bankruptcy, and COVID. This year, 2023, has been a turning point for the City to reestablish its Housing and Code Enforcement Divisions. Staff hiring has allowed the City to begin refocusing efforts on educating residents about city codes, enforcing regulations, and focusing on a broader housing strategy. The following are descriptions of housing conditions, based on field observations from Code Enforcement staff. • Demolition. These houses need to be torn down due to dilapidated conditions. These homes have serious structural defects including, but not limited to: roof rafters exposed and deteriorated, walls with extreme fire and flood damage, lack of windows with interior elements exposed, copper piping removed, old electrical wires, and aged plumbing that no longer functions properly. The City estimates that up to 2 percent of the housing stock (1,333 units) requires demolition and would be more economic to replace than rehabilitate. • Major Repair. These units have a sound underlying structure, but major repairs and replacement activities are needed to bring the house up to current codes and make it livable. Improvements include re-roofing, electrical and plumbing replacement, replacement of exterior siding/stucco, the replacement of rehabilitation of interior kitchen/bathroom, and repairs to exterior painting, windows and doors. The City estimates that 7 to 10 percent of housing units (4,630 to 6,614 units) require major repairs. • Moderate Repair. These housing units are structurally sound and in livable condition, but need exterior repairs such as roof repairs, interior/exterior paint, and upgrade of some windows and doors, interior kitchen and bathroom upgrades, and accessibility improvements. The repairs needed are largely related to the age of housing and gradual decline of existing interior and exterior components associated with normal maintenance and repair. City staff estimate that up to 20 percent of homes (13,230 units) require moderate repairs. Finally, the City has 46 mobile home parks which are inspected by HCD for structural conditions. Although no parks were suspended in 2022 and 2023, visual observation indicates that many of the units also need repair, replacement and, in some cases, demolition. Code Enforcement staff indicate that the need for demolition, repair, and rehabilitation needs exist equally between single- and multiple-family homes, and that needs are dispersed citywide, with no neighborhoods being disproportionately impacted. This is because the vast majority of residents are low income and have insufficient financial resources to improve their homes. Moreover, many rental properties are owned by absentee landlords who do not repair their units. The Housing Plan includes Program 3.1 to conduct a survey to clarify and document the housing conditions in the City and funding sources to assist our residents. Packet Page. 1070 Housing Needs City of San Bernardino General Plan – Housing Element 2-25 2.3 SPECIAL NEEDS Special housing needs refer to needs that are not typical of most households in a city. For instance, special needs may refer to housing accommodations (units that are larger, accessible, or affordable) or supportive services essential for a particular type of household. Section 65583(a)(7) of the Government Code requires that the housing element contain an analysis of the special housing needs of seniors, female-headed households, single-parent families, disabled persons, developmentally disabled persons, large families, farmworkers, and unhoused persons. This section provides a discussion of housing and support needs for each “special need” group. Included is a quantification of residents, their tenure, household income, and other characteristics. Also included is an estimated inventory of housing suitable for them and supportive services available. It is recognized that each group may have detailed needs, so this assessment is intended to provide a high-level overview. Responsive programs are further detailed in the Housing Plan. Table 2-20 shows the number of special housing needs groups in the City for 2010 and 2019. Table 2-20 Special Housing Needs Groups, San Bernardino, 2019 Special Needs Group 2010 2019 Hhlds Percent Hhlds Percent Senior Households, age 65 and older 10,028 17% 11,080 19% Single-Parent Households 13,627 23% 13,311 22% Female-Headed Households, No Spouse 13,789 23% 14,205 24% Large Families with 5 or more members 15,872 27% 14,255 24% Households with a Disabled Member 15,372 26% 18,574 31% Unhoused Persons1* N/A N/A 1,350 <1% Farmworkers2* N/A N/A 900* 0.4% College Students3* N/A N/A 17,588 8% Extremely Low-Income4 12,545 21% 13,375 22% Source: ACS 2015-2019 5-Year Estimates, unless otherwise noted. Notes: *Total Persons, not Households San Bernardino County, Point in Time Homeless Count, 2020. SCAG Pre-certified Local Housing Data, City of San Bernardino, April 2023. University and college websites for total enrollment Consolidated Planning/CHAS Data, City of San Bernardino, 2006-2010; 2015-2019. Packet Page. 1071 Housing Needs 2-26 January 2024 SENIORS Seniors are often considered a special needs group because limited income, health costs, the need for access to transportation, access to supportive services, and disabilities make it more difficult for seniors to find and retain adequate affordable housing. According to the 2015-2019 ACS, the City of San Bernadino was home to 11,080 senior households (19 percent of all households in the City). Over the past decade, seniors increased 16 percent, from 16,685 (8 percent of the population) in 2010 to 19,356 (9 percent) in 2019. As the senior population grows, so will the need for housing that is accessible and affordable for those on fixed incomes or with mobility needs. The US Census provides information on key needs of seniors resulting from disabilities, lower household incomes, and resulting housing problems: • Disabilities. Seniors have a higher prevalence of disabilities due to age-related disabilities and lack of more accessible housing. In 2019 about 47 percent of seniors had at least one disability, significantly higher than the general population. The most common disability was ambulatory difficulty, followed by independent living. As a result, many seniors face mobility challenges and struggle to support themselves independently or without supportive care. This underscores the importance of having options to improve housing and service accessibility. • Household income. In 2019, senior households made up 19 percent of the labor force, which could indicate a longer need to earn income. While the median income for seniors was $35,795 (22 percent less than $45,834 for all households), CHAS data reports that 56 percent are low income, earning below 80 percent of median income, and 16 percent of seniors live in poverty. Seniors supplement their income as follows: 71 percent with Social Security, 19 percent with Supplemental Security, 4 percent with public assistance, and 15 percent with SNAP benefits. • Housing Characteristics. Housing security is important for seniors approaching retirement. Approximately 64 percent of senior households owned a home and 36 percent rented. Approximately 55 percent of senior homeowners have paid off their mortgage, a key marker of security, compared to 18 percent of non-senior age homeowners. Approximately 500 senior households (approximately 5 percent) live in age- and rent-restricted mobile home units, and an additional 1,337 senior households (12 percent) live in subsidized senior apartments. • Housing Problems. Housing problems occur at a higher frequency among seniors than other residents. The 2015-2019 ACS reports that 19 percent of senior households moderately overpay and 23 percent severely overpay for their housing. Among lower income senior households, however, 25 percent of senior households have a moderate cost burden and 34 percent of households have a severe cost burden. The fact that nearly 60 percent of all seniors have a cost burden underscores the importance of affordable housing. Packet Page. 1072 Housing Needs City of San Bernardino General Plan – Housing Element 2-27 Housing for Seniors To address the housing needs of senior households, the City permits and facilitates the development of affordable publicly subsidized apartments, senior (“age- restricted”) mobile home parks, assisted living (discussed later), and other housing accommodations. Many additional accessory dwelling units and assisted living homes are also available for seniors. Altogether, the City offers approximately 22 residential properties that provide 2,200 housing units that are age restricted for seniors residing in San Bernardino. The County Housing Authority also provides about 550 rental housing vouchers for low income seniors. Table 2-21 lists the type and number of affordable housing projects and housing units that are restricted for lower-income seniors and market-rate senior projects in San Bernardino. Table 2-21 Senior Housing in San Bernardino Housing Type Total Number of Projects Total Number of Housing Units Housing Affordability Market Rate Senior Apartments 4 362 Market Rate Affordable Senior Apartments 15 1,337 Lower Income Senior Mobile Home Parks 5 531 Lower Income Tenant Based Vouchers N/A 550 Lower Income Total 24 2,780 Source: City of San Bernardino, 2020. Note: Retirement communities are addressed in the section under housing for people with disabilities The City of San Bernardino has also played a role in facilitating the long-term preservation of deed-restricted apartments projects that are affordable and deed-restricted for seniors in recent years. These include Lugo Senior Apartments, Beautiful Inn Senior Apartments, and other senior projects. Despite these resources, there is still an unmet need for new affordable rental properties for seniors as well as housing rehabilitation assistance given the large number of senior households, particularly those who earn very low and low incomes. TELACU Senior Housing, San Bernardino Packet Page. 1073 Housing Needs 2-28 January 2024 Unmet Needs Most communities have difficulty meeting the full range of senior needs. This is due in part to the wide range of senior needs (e.g., transit, housing, social services, health, income, etc.), and differences among subgroups (e.g., based on age or level of independence). Regardless, the multiple needs of seniors require a comprehensive “aging-in-place” approach. The U.S. CDC defines “aging in place” as “the ability to live in one's own home and community safely, independently, and comfortably, regardless of age, income, or ability level” for as long as feasible. The Housing Element is primarily concerned with the provision of suitable housing options for special needs groups, including seniors to facilitate “aging in place.” However, other opportunities exist to facilitate “aging in place.” These include redesigning the built environment to enable individuals to walk and exercise, providing opportunities for recreation at senior centers, providing or facilitating the provision or siting of health care providers in the City, assisting in companionship programs, or providing opportunities for seniors to influence policy. Though no studies quantify the unmet need for services that would allow individuals to age in place in San Bernardino, at least three unmet needs can be identified: 1) For independent seniors, the primary need is for affordable housing, home repair, engagement and wellness services, affordable and well-connected transit, and other services, particularly given the high number of low income seniors overpaying for housing. 2) For individuals needing support to maintain independence and avoid institutional care, the primary needs are community support services. This includes case management, in-home supportive services, meal deliveries, and other community-based services. 3) For individuals unable to manage their care, the primary need is for long-term care facilities, including elderly residential facilities and other group home settings where appropriate medical care can be readily provided. While no specific local studies document the unmet needs of seniors residing in San Bernardino city, the County Area Agency on Aging’s 2020-2024 Area Plan documents unmet needs for accessible transit, in-home supportive service, and health services, among others. Packet Page. 1074 Housing Needs City of San Bernardino General Plan – Housing Element 2-29 Services for Seniors The City, County, and nonprofits offer programs that help seniors to “age in place” in their home without having to move or leave the community. Two senior centers—Perris Hill and Fifth Street— provide a place for gatherings, events and outreach, recreational spaces, extracurricular activities, and information regarding city services. The City’s Senior Nutrition Program provides lunches at six locations: two senior centers and four community centers (e.g., Hernandez, Lytle Creek, New Hope, and Highland Senior Centers). The City’s Companion Program helps to decrease isolation for seniors, and the AmeriCorp program offers opportunities for volunteer work. Table 2-22 summarizes programs and centers for seniors. Table 2-22 Services for Seniors in San Bernardino Resource/ Program Services Provided In Home Supportive Services IHSS offers services to keep seniors living in their homes. Services include housecleaning, meal preparation, laundry, grocery shopping, personal care services, accompaniment to medical appointments, and protective supervision. Senior Affairs Commission This body serves as an advisory body to the San Bernardino County Board of Supervisors and Department of Aging & Adult Services–Public Guardian Director on policy matters related to the needs of seniors and the services. AgeWise AgeWise provides mental health services for high-risk and underserved seniors, including home behavioral health and case management services, counseling services, peer and family advocacy, and support and education groups. Transit Services Omnitrans provides assistance to seniors and individuals with disabilities to help them ride the bus system. OminAccess, a curb-to-curb ADA service, is also offered for seniors as a complement to the fixed route bus system. Nutrition Services This program provides nutrition services to assist seniors to live independently by promoting better health through improved nutrition and reduced isolation through programs coordinated with nutrition-related supportive services. InnovAge InnovAge PACE (Program of All-inclusive Care for the Elderly) is an alternative to nursing facilities. It provides healthcare and social engagement to older adults to help them stay independent and able to age in place in their homes. Inland Caregiver Resource Center One of 11 designated nonprofit care centers that provide information and referral, personal care, homemaker services, assisted transportation, adult day care, chores, companion services, and minor home repairs to seniors. Sources: City of San Bernardino, San Bernardino County Department of Health Services, 2022 Packet Page. 1075 Housing Needs 2-30 January 2024 FAMILY HOUSEHOLDS Single parent families, female-headed households, and large families have special housing needs. Due to the limited supply of adequately sized units to accommodate larger households, large families often face significant difficulty in locating adequately sized, affordable housing. Female- headed households, particularly those with young children, can have lower incomes and higher living expenses and may lack the resources needed for adequate childcare or job training services, often making the search for affordable, decent, and safe housing more difficult. • Female-Headed. This group includes individuals providing for children on only one income. Female-headed households generally have lower-incomes and higher living expenses, often making the search for affordable, decent, and safe housing more difficult. These households also have additional needs for day care/childcare, health care, and other supportive services. In 2019, there were 14,205 female-headed households (approximately 24 percent of the City’s household), which is up by 3 percent from 13,789 female-headed households in 2010. There is no information available on tenure, overpayment, or overcrowding for this group. However, the number of households in poverty has decreased, from 38 percent in 2010 to 33 percent.1 • Single Parents. Single parents often require special consideration because they earn less than two-parent households and need childcare as well. As a result, many will double up with other families or choose smaller housing for a lower cost, which in turn may create overcrowding. According to the 2015-2019 ACS, the City had 13,311 single-parent households with children under age 18 (down 2 percent from 13,617 in the 2006-2010 ACS), of which 9,921 are female headed and 3,390 are male headed. Poverty is a critical issue for single parents with children; 49 percent of female-headed and 33 percent of male-headed families live in poverty. Neither the census nor ACS provides data on tenure, overpayment, or overcrowding for this group. • Large Families. The 2015-2019 ACS reports that the City has 14,255 large households with five plus members (down 10 percent from 2010). Of that total, 7,441 own homes and 6,814 rent housing. Large-family households include couples with more than two children, multigeneration families, and families living with extended family members; they also include nonfamily members who rent a room, such as students. Large renter households have greater difficulty finding housing due to the limited supply of adequately sized and affordable rentals. Poverty and overcrowding data are not available for this group, but the 2015-2019 CHAS data reports high cost burdens. For large families, 22 percent spend 30 to 50 percent of their income on housing, and 21 percent spend more than 50 percent. Low income, large families have a higher cost burden compared to moderate- and above moderate-income households. 1 2010-2014, 2015-2019 ACS 5-Year Estimates (Table B17010). Packet Page. 1076 Housing Needs City of San Bernardino General Plan – Housing Element 2-31 Family Housing To address the housing needs of family households, the City permits a variety of single- family homes, condominiums, apartments, and accessory dwellings. There are 17 affordable apartments; 41 family (not age restricted) mobile home parks; and single-family homes that have been purchased or built with Neighborhood Stabilization Program Funds, HOME funds, and other assistance programs. Many apartment properties include three- bedroom units that are suitable for large families. The County Housing Authority also provides about 570 tenant-based vouchers for female-headed families with children. Table 2-23 summarizes rental and ownership housing that is deed restricted for low- and moderate-income families in San Bernardino. Table 2-23 Family Housing in San Bernardino Housing Project Total Number of Projects Total Number Housing Units Housing Affordability Affordable Apartments 17 2,320 Low, Very Low Income Mobile Home Parks 41 3,535 Low, Very Low Income Single-Family Homes N/A N/A N/A Total 58 5,855 Rental Vouchers N/A 570 Very Low Source: City of San Bernardino, 2020; HUD User, 2020 In addition, the City has also issued covenants for hundreds of single-family homes that received funds from local Redevelopment Tax Setaside, Federal HOME, Federal Community Development Block Grants, Federal Neighborhood Stabilization funds, or other funding sources. These funds have provided low- and moderate-income families with low interest loans to buy or rehabilitate housing, further adding to the inventory of affordable single-family homes in the community. Partners include NPHS, Habitat for Humanity, and other nonprofit organizations in the City. Waterman Gardens Public Housing Replacement Packet Page. 1077 Housing Needs 2-32 January 2024 Unmet Needs Neither the City nor County have undertaken a family and children needs assessment to document local unmet needs. However, research demonstrates that housing, neighborhoods, and economic security are key social determinants of health. Housing instability, poor and/or unsafe housing, poverty, poor neighborhood conditions, and other similar conditions affect children’s physical and mental health, development, and school performance and can have lasting effects well into adulthood. Families with insufficient income have difficulty meeting the needs of their children. Key unmet needs in San Bernardino include: • Affordable childcare. Affordable childcare is a key service that can assist families and single parents to work and afford safe housing. According to kidsdata.org, the annual cost for full- time licensed childcare centers is $13,108 for an infant and $9,183 for a preschooler. For a household earning a median income of $55,000, the cost is 17 to 21 percent of the median family income, but 50 percent of the income of an extremely low income household. The County implements three programs: center-based, family childcare, and home-based care. However, there is a significant shortage of infant/toddler care for children under age 3. • Housing diversity. Housing overcrowding and overpayment are the highest for family households of all sizes. Part of the issue can be traced to the imbalance in housing diversity. A survey of 36 apartments in the City found that 4 percent of units were three bedrooms or larger and less than 1 percent of the units were studios. This is significant given that 24 percent of all households in the City are large family renters and studios are the most affordable. Moreover, there is a general lack of middle income units—duplexes, triplexes, quadplexes, and other small lot developments that are more affordable than homes on 7,200-square-foot lots. • Strong neighborhoods. Families must be helped to thrive within their neighborhoods and communities. Informal social networks (friends, neighbors, faith communities, and clubs) almost always exist at the neighborhood level, and investing in programs to improve social capital can be key to a strong neighborhood. The City can also invest in the physical neighborhood itself through effective code enforcement. The City recently increased its code enforcement staff nearly fourfold, from 5 to 20 officers, to improve neighborhood conditions. The Council also funds violence prevention, neighborhood cleanups, and park projects. • Economic opportunity. The City has a significant lower-income population that could benefit from additional economic and wealth-building opportunities—many of which can be traced to education, job opportunities, and homeownership. Though the City does not control local schools or workforce training programs, it can proactively support economic development efforts that improve job attraction, workforce training, and other services that can enable residents to obtain good paying jobs—which eventually helps families to thrive. Packet Page. 1078 Housing Needs City of San Bernardino General Plan – Housing Element 2-33 Services for Families with Children The City of San Bernardino offers a variety of programs for families, female-headed households, and single parent households, some of which are summarized in Table 2-24. This is a sample of the many programs available to families, not including programs offered through faith-based organizations in the community. Table 2-24 Services for Families in San Bernardino Resource/ Program Location Services Provided Recreation and Community Services City of Bernardino The City’s community centers—Delmann Heights, Lytle Creek, Rudy Hernandez, Ruben Campos, Verdemont, and Norton—provide safe spaces for events and outreach, after-school programs, sport programs, summer camps, and mentorship. After-School Programs City of Bernardino School district provides before- and after-school care to enhance academic, social, emotional, physical development. Includes a snack, homework time, and academic/recreational/enrichment Youth Action Project City of Bernardino YAP connects youth to positive adults who teach and model appropriate behaviors and life skills. YAP assists young people in becoming self-sufficient through financial literacy, work readiness, entrepreneurial development, and community organizing. Boys and Girls Club (BGS) City of Bernardino The Boys and Girls Club offers recreational and educational programs for K-6 at many affordable-housing projects (Crestview Terrace and Valencia Terrace) and collaborates with SBCUSD to provide after-school programming at 16 schools. Center for Youth and Community Development City of Bernardino CCYCD implements programs to help children succeed while having fun doing activities they love. Core programs include: the arts, STEM, character and leadership, education and career development, health/life skills, and sports/fitness/recreation. Emergency Rental Housing Assistance and HUD vouchers City of San Bernardino The City implements, through its nonprofit partners, a rental assistance program with funding from the State HCD. In addition, HUD allocates several thousand tenant-based rental vouchers, which more than 2,500 households use in San Bernardino. Economic Development City of San Bernardino The City provides services for 1) business retention and attraction efforts to encourage job creation; 2) workforce development efforts to provide residents access to quality local jobs; and 3) building partnerships to leverage and attract funds and resources. San Bernardino County City of San Bernardino HACSB provides programs that support families with children. These include income support programs, job training and workforce development, affordable housing assistance, community services, health care, and other services. Packet Page. 1079 Housing Needs 2-34 January 2024 PEOPLE WITH DISABILITIES In part due to the passage of state and federal laws, the aging of residents, and societal values, communities are more aware of the housing and supportive service needs of disabled residents. Disabled people have special housing needs because of their fixed income, lack of accessible housing, higher health care costs, and other difficulties. According to the 2015-2019 ACS, 18,574 households had a disabled member, that is, 35 percent of households in the City. Specifically, 25,567 persons identified as having at least one disability. Disabilities are defined as mental, physical, and/or health conditions that typically last more than six months. The ACS identifies six types of disability, noted below. Ambulatory difficulties, cognitive disabilities, and independent-living disabilities were the most commonly reported disabilities among residents—primarily because of their prevalence among elderly residents. • Hearing: Deaf or serious difficulty hearing—4,943 persons (19 percent) • Visual: Blind or serious difficulty seeing even with glasses—4,915 (19 percent) • Cognitive: Serious difficulty concentrating, remembering, or making decisions—11,015 (43%) • Ambulatory: Serious difficulty walking or climbing stairs—13,887 (54 percent) • Self-Care: Difficulty bathing or dressing—4,824 (19 percent) • Independent Living: Difficulty doing errands alone—9,295 (36 percent) A developmental disability is defined by Section 4512 of the Welfare and Institutions Code as “a disability that originates before an individual becomes 18 years old, continues or can be expected to continue indefinitely, and constitutes a substantial disability for that individual.” This includes intellectual disabilities, cerebral palsy, epilepsy, and autism as well as disabling conditions closely related to mental retardation or that require treatment similar to that required for individuals with mental retardation, but does not include other handicapping conditions that are solely physical. In addition to the census data mentioned above, the California Department of Developmental Services estimates that 5,298 persons with a developmental disability live in the City. Approximately 52 percent are 18 years or over, and about 48 percent are under the age of 18. Persons with developmental disabilities, as represented by their housing, are home of parent/family/guardian (79 percent), independent/supported living (6 percent), community care facility(5 percent), intermediate care facility (4 percent), foster/family home (3 percent), and other (4 percent). Of particular note, only 6 percent of individuals live independently. Packet Page. 1080 Housing Needs City of San Bernardino General Plan – Housing Element 2-35 Residential Treatment As a major urban center in the Inland Empire, providing an appropriate number of facilities and treatment options for residents with alcohol, drug, and mental health concerns is of continued importance. The City of San Bernardino is home to a variety of residential treatment centers that assist residents in overcoming alcohol and drug misuse and mental health conditions. These include state-licensed facilities and sober living homes that serve San Bernardino residents. The City is also home to several hospitals and health care organizations (Kaiser Permanente, County, Victor Treatment Centers, etc.) that serve individuals with mental health or substance use disorders. Despite the many facilities, the City is designated a mental health care professional shortage area by the federal government. A sample of organizations active in the City: • Veterans Alcoholic Rehabilitation Program (VARP). VARP is a nonprofit organization providing residential recovery treatment for men and women. Services include personal recovery planning, educational sessions, social/recreational activities, group sessions, and assistance in obtaining services. VARP has 27 locations, including 13 residential facilities. • Valley Star’s Crisis Residential Treatment Center (STAY). “The STAY” is a short-term, 14- bed center for transitional age youth (TAY) in crisis located in the County of San Bernardino. This facility is the only center of its kind in the state of California. This residential program is housed next door to the One Stop TAY Center and Casa Paseo Center. • Salvation Army Treatment Center (STAY). The Salvation Army’s Adult Rehabilitation Centers and Harbor Light Center programs offer spiritual, emotional, and social (housing, employment, etc.) assistance to those who have experienced prolonged alcohol and drug dependence. The rehabilitation center is based on Doolittle Street with support facilities nearby. • Faith-based groups. Faith-based groups provide services to the City’s unhoused population. The Way World Outreach church provides groceries and hot meals, mental health, and housing services. Additionally, the Catholic Charities of San Bernardino and Riverside Counties provides social and stabilizing services as well as counseling and immigrations services. Casa Paseo, a 11,000-square-foot facility situated on approximately 3 acres in San Bernardino Packet Page. 1081 Housing Needs 2-36 January 2024 Housing for Persons with Disabilities Individuals with disabilities may require a variety of housing types, from independent housing to group quarters, to institutional environments that provide on-site medical care. Accessibility of the home and surroundings, access to medical care, and proximity to public transit are important. San Bernardino seeks to facilitate an integrated setting appropriate for people with disabilities to reside, receive services, and participate in community life. Options for housing disabled people are described below and in Table 2-25 • Adult Residential. Nonmedical facilities that provide room, meals, housekeeping, supervision, storage and distribution of medication, and personal care assistance with basic activities for people unable to live by themselves but who do not need 24-hour nursing care. • Residential Care for the Elderly. Often called “Assisted Living,” these are nonmedical facilities that provide room, meals, housekeeping, supervision, storage and distribution of medication, and personal care assistance with basic activities for persons 60 years of age or older. • Intermediate Care Facility. State-licensed facilities provide 24-hour residential services for persons with developmental disabilities, including services such as (re)habilitation, developmental, and supportive health services. ICFs generally have three levels of care. • Skilled Nursing Facility (SNF). Sometimes called “nursing/convalescent homes,” these facilities provide nursing care for chronically ill or short-term residents of all ages. An SNF is required to provide 24-hour skilled nursing care as well as related or rehabilitative services. Table 2-25 Housing for Persons with Disabilities in San Bernardino Housing Type Total Projects Total Beds Affordability Adult Residential 40 304 Market Rate Residential Care Elderly 7 374 Market Rate Intermediate Care Facility 7 41 Market Rate Skilled Nursing Facility 11 1,058 Market Rate Total 65 1,777 Source: California Department of Social Services, 2020; California Department of Public Health, 2020. Packet Page. 1082 Housing Needs City of San Bernardino General Plan – Housing Element 2-37 Unmet Need According to the Disability Rights Education and Defense fund, access to affordable, accessible, safe, and transit-close housing that is integrated into communities is the foundation upon which inclusive and healthy lives are built for people with disabilities. Yet documenting the level of unmet needs is not possible. Like senior needs, this is due in part to the wide range of needs (e.g., transit, housing, social services, health, income, etc.), and differences among subgroups (e.g., based on age, disability, income, or level of independence). Moreover, the needs of disabled are often addressed in disparate master plans—transit plans, aging plans, transition plans, etc. Key unmet needs are as follows: • Accessible Housing. Federal law requires that new housing comply with common accessibility standards in the building code. Moreover, apartment projects funded by federal funds must include certain accessibility standards for a limited number of units. Given that one in ten people in California have a disability, there is a significant gap in the housing that is fully accessible to people with disabilities. This underscores the need to have: 1) updated reasonable accommodation processes; 2) enforcement of accessibility codes; 3) updated zoning codes that facilitate and permit housing for people with disabilities; and 4) financial assistance where needed to assist disabled people in modifying their homes. • Community Accessibility. Ensuring equal access to civic life for all people is a fundamental goal of the American with Disabilities Act as accessibility relates not only to physical access but to the delivery of government programs, services, and activities. The law further requires all cities to establish an ADA Transition Plan that prioritizes capital/infrastructure improvements within the City to comply with this legislation. Finally, it establishes physical access requirements for public facilities (buildings, parks, sidewalks, public rights of way). Accessibility also extends to the availability of transit, job opportunities, education, government benefits, health care, and other services in a community. • Assistance and Support Services. A wide variety of services are needed to allow people with a disability to live in San Bernardino. This includes income support, as many disabled people earn extremely low and very low incomes. Accessibility devices for mobility and associated equipment are needed. For adults of working age, referrals for job training and workforce development will be needed. Social and recreational services are also key. Clearly, many services are not within the purview of what the City can provide; the County and nonprofit sectors provide the vast majority of assistance and support services. Nonetheless, there may be select opportunities where the City can partner with organizations to assist in meeting the needs of people with a disability. Packet Page. 1083 Housing Needs 2-38 January 2024 Services for Persons with Disabilities Available services programs and centers for persons with disabilities are shown in Table 2-26. Table 2-26 Services for Persons with Disabilities in San Bernardino Resource/Program Location Services Provided Ascend SB San Bernardino City Community-based program for clients with developmental disabilities, provides programs for clients to learn techniques to produce coherent and meaningful content with an emphasis on digital media, visual arts, telecommunications, and technology. Southern California Resource Services for Independent Living San Bernardino City SCRS-IL is a cross-disability, nonresidential, disability rights agency empowering people with any disability to live full and independent lives. Services include housing assistance; assistive technology; and educational, vocational, and job assistance. The Arc San Bernardino City The Arc of California maintains an advocacy network of self-advocates, family members, service providers, and community members dedicated to promoting and protecting the civil rights of people with intellectual and developmental disabilities. Inland Regional Center (IRC) Statewide The IRC supports people with intellectual disabilities, autism, cerebral palsy, and epilepsy and provides case management. The IRC contracts with community-based service providers to help clients live the most independent and empowered lives possible. OmniTrans San Bernardino City Omnitrans is the designated provider of transit for people with disabilities with ADA accessible buses or vans. Associated services include Dial-A-Ride, Omni-Access Services, and fare reductions. Rolling Start San Bernardino City Rolling Start helps disabled people to achieve the independent life of their choice through information and referral, independent living skills, systems and individual advocacy, peer advising, housing referrals, personal assistants, and assistive technology. Center for Individual Development San Bernardino City (city program) CID is a regional recreation center that provides recreation programs for people of all ages with physical, developmental, and mental disabilities. Programs include adult mixers, aquatic care, adult water exercise, teen after-school club, and aerobics classes. Aging and Disability Resource Connection (ADRC) San Bernardino County ADRC serves older adults, people with disabilities, and caregivers with information and access to available long-term services and support. ADRC partners with organizations to provide transition services, interim and short services, and options counseling. OPARC San Bernardino City OPARC offers flexible development programs designed to teach life, social, and employment skills. Each person is matched with a team of support staff who help them identify goals and objectives. Packet Page. 1084 Housing Needs City of San Bernardino General Plan – Housing Element 2-39 Services for People with Mental Disabilities The County of San Bernardino offers a variety of publicly subsidized mental health care services for residents, including in San Bernardino. Also included are services provided by local schools, colleges, and nonprofit community-based organizations. While there is no comprehensive provider directory for the City of San Bernardino, the County publishes a directory listing many of the mental health providers, including those that address substance abuse disorder, that are publicly subsidized in the county at: https://wp.sbcounty.gov/dbh/wp- content/uploads/2016/06/Directory_Service_Eng.pdf. Table 2-27 Services for Persons with Mental Disabilities in San Bernardino Resource/Program Location Services Provided San Bernardino County Crisis Services City and County A community-based mobile crisis response team for children and adults experiencing a psychiatric emergency. The County also has crisis stabilization units for individuals of all ages. Facilities are in San Bernardino, Fontana, Victorville and Yucca Valley. San Bernardino County Outpatient City and County The County maintains outpatient clinics that serve children, youth, adults and older adults. Facilities in the adjacent East Valley include Rialto, San Bernardino, Redlands, Yucaipa, and others. Specific centers in San Bernardino Phoenix and Valley Star. San Bernardino County Specialized City and County The County offers behavioral health related services and support, separate from outpatient services, including services for children, transitional youth, and families. Facilities in San Bernardino include Valley Star Behavioral Health, Victor Community Support Services, One Stop Tay Center, Pacific Clinics, and others. Private / Nonprofit Providers City and County Private and nonprofit organizations offer mental health services in San Bernardino. For instance, Kaiser Permanente and Dignity Health offer psychiatry, psychotherapy, and crisis intervention at their facilities in San Bernardino. SAC Health also offers two Health, Behavior, and Wellness Centers in San Bernardino OmniTrans San Bernardino City Omnitrans is the designated provider of transit for people with disabilities with ADA accessible buses or vans. Associated services include Dial-A-Ride, Omni-Access Services (ADA-mandated shared ride service), and fare reductions. County of San Bernardino Health Services Packet Page. 1085 Housing Needs 2-40 January 2024 UNHOUSED PEOPLE Homelessness affects people of both genders, all races, ages, and family types, with some of the main causes being mental illness, substance abuse, prison release, less of jobs, and lack of affordable housing among others. Displacement due to shutdown of substandard housing or evictions from housing can cause people marginally housed to become homeless. According to HUD’s definition, a person is considered homeless only when (s)he lacks a fixed, regular, and adequate nighttime residence and resides in one of the following places: 1) places not meant for human habitation, such as cars, parks, sidewalks, and abandoned buildings; 2) an emergency shelter; 3) transitional housing for homeless persons; or 4) a HUD-defined Safe Haven. The County of San Bernardino is required to conduct a biennial Homeless Count to identify persons who are not living in adequate housing facilities. The 2022 Count found that 3,333 persons were homeless in San Bernardino County, a 75 percent increase from 1,887 people in 2016. Over the same period, the City’s homeless population nearly tripled, from 491 to 1,350 by 2022, and unsheltered count has quadrupled. COVID-19 and economic dislocation affected the region, causing the homeless population to increase 6 percent countywide and 28 percent in the City. Of the City’s homeless, 992 people were unsheltered (Figure 2-14). The 2023 Homeless Count shows that the unhoused total has increased slightly to 1,017 persons. It should be noted that other homeless counts, using more expansive definitions, are higher than the County’s official Homeless Count, which conforms to HUD’s Continuum of Care program. The California Department of Education counts homeless public school students whose nighttime residence is (i) shared housing with others due to loss of housing, economic hardship, or similar reason, (ii) a hotel or motel, (iii) a temporary shelter, or (iv) unsheltered. The first two categories of temporary residences are not included in the federal definition of homelessness. According to this more expansive definition used by the Department of Education, up to 3,620 students/youth in the San Bernardino City Unified School District are precariously housed. 0 200 400 600 800 1,000 1,200 1,400 1,600 2016 2018 2020 2022 Unsheltered Sheltered Total Homeless Figure 2-14 Homeless Trends in the City of San Bernardino, 2016-2022 Packet Page. 1086 Housing Needs City of San Bernardino General Plan – Housing Element 2-41 Characteristics and Needs The City of San Bernardino’s unsheltered homeless population is diverse in gender, age, and race/ethnicity, with individuals experiencing a range of traumatic life experiences. Despite the variation, there are key conditions that generally are seen in the homeless population and that provide insight into unmet needs and possible program interventions. For the unsheltered adult population, the 2022 Count revealed key housing and service characteristics include: • Demographics. The majority (69.2 percent) were male, 30.0 percent female, 0.6 percent transgender, gender non-conforming, or questioning, and 0.2 percent did not respond. Of the 989 adults encountered, 38 percent were ages 25 to 39 years, 22 percent were 40 to 49 years, 12 percent were 50 to 65 years, and 10 percent were over 65 years. About 4 percent were younger than 24 years. The majority identified as White (48 percent) followed by Black (24 percent); of all races, 39 percent identified as Hispanic, and 17 percent reported multiple races. • Mental Illness, Health, and Physical Disability. Homeless people have a higher prevalence of medical, disability, and substance abuse conditions. These conditions affect their ability to be employed and afford housing and health care. In San Bernardino, 44 percent reported a mental health disability, 24 percent reported a physical disability, and 12 percent reported a developmental disability. Just under 17 percent reported chronic health issues (e.g., heart, lung, kidney, or cancerous disease), and 4 percent reported living with HIV/AIDS. • Life Experiences. Unhoused people have often experienced significant trauma. For instance, about 6 percent of those surveyed were fleeing unsafe homes or domestic violence. Nearly 58 percent of homeless adults reported a substance use problem. In addition to these experiences, 60 percent were considered to be chronically homeless. Veterans also made up approximately 6 percent of the homeless population. There is no information regarding the number of youths that were forced to flee from their original home. • Evictions/Displacement. Anecdotally, residents have cited high rents a reason for loss of housing, but there is no reliable data to document evictions countywide and by city.2 However, according to the 2022 Count, 114 individuals were released from correctional agencies (21 percent). Recently, the City was forced to close a substandard and illegally converted college dorm, resulting in many homeless people having to move from the facility. The San Bernardino Homeless Count revealed a snapshot of conditions facing homeless people. Such complexities require a tailored, flexible, and context-sensitive approach for providing the appropriate housing options and supportive services for this population. 2 While Eviction Lab publishes estimates for rental evictions by city and county, there are data limitations that make it unsuitable for widespread use at this time. HCD has not recommended the inclusion of eviction data as required or supplemental data in the AFH2.0 web mapper. Packet Page. 1087 Housing Needs 2-42 January 2024 Housing for Unhoused People Several types of housing options can decrease the risk of homelessness and support transitions toward permanent rehousing. In addition to housing, support services are often necessary for persons who experience homelessness to reenter the workforce. Rapid reentry into permanent housing is the ideal scenario, but a full continuum of housing options is still needed to meet the needs of homeless people at various stages of recovery. The City provides beds for homeless men, women, women with children, and families. (Table 2-28). • Homeless Access Center. Provides a central and comprehensive access point to vital services, resources, and emergency needs. • Emergency Shelter. Shelters are designed to be a temporary place for individuals to stay that is off the street until they are connected to services and more stable housing options. • Transitional Housing. A residence that provides a stay of six months to two years, during which case management services are provided to maintain housing and live self-sufficiently. • Permanent Supportive Housing. A residence that provides permanent housing linked with support services to allow residents to live at the place of residence on an indefinite basis. • Rapid Rehousing. Provides a tailored package of assistance that may include time-limited financial assistance and targeted supportive services. Table 2-28 Housing for Homeless Residents in San Bernardino Facility Type Family Beds Adult Beds Child-Only Beds Seasonal Total Emergency Shelter 195 130 0 0 325 Safe Haven 0 24 0 n/a 24 Transitional Housing 118 50 3 n/a 171 Permanent Supportive Housing 619 920 0 n/a 1,539 Rapid Rehousing 1,177 118 0 n/a 1,295 Source: Estimates from HUD 2020 Continuum of Care, Housing Inventory Report, San Bernardino City. Mary’s Village Center Packet Page. 1088 Housing Needs City of San Bernardino General Plan – Housing Element 2-43 Unmet Need Providing for the unmet need for emergency shelter, transitional housing, permanent supportive, and other housing arrangements represents a major challenge in San Bernardino. In December 2022, the City approved a Homelessness Solutions Action Plan and allocated $24.5 million in ARPA funds to address the unmet need for shelter. In February 2023, the City Council approved a local Homelessness State of Emergency Declaration and shelter crisis pursuant to GC § 8698. In response, the City Council adopted a homeless state of emergency plan in May 2023 for the delivery of additional housing options and supportive services. These plans will add up to 535 new beds (or 65 percent of the total need) to the City’s inventory of housing for homeless residents. A summary of projects and ongoing efforts include the following: 1) Complete the approved 30-unit U.S.VETS permanent supportive housing project, which will be a project reserved for veteran homeless individuals. 2) Complete the 85-bed Mary’s Village transitional housing project, the first for men, as part of their 10-acre, multiservice-center complex that is approved for development. 3) Complete the approved 150-bed Lutheran Social Services Center, a multiservice homelessness campus in Central San Bernardino. 4) Develop the Pacific Village complex, which will add 100 shelter beds and 32 recuperative care, transitional beds. Phase 1 has been completed. 5) Develop the SB HOPE campus, a 225-bed navigation center campus at 796 E. 6th Street. The City owns a 5.5-acre site that is slated for interim units and supportive services. 6) Contract with local motels to provide interim housing for up to 200 people while the Navigation Center is being completed. 7) Staff Homeless Prevention Outreach Team, a team of eight to support substance use disorder services, mental health services, and engage with clients on a peer level. 8) Work with Salvation Army to facilitate the reuse of an additional site that could accommodate an additional 200 homeless people during the Emergency period. 9) Provide a flexible mix of services needed for homeless people in different situations, including mobile showers, recovery services, workforce development, etc. 10) Continue advocacy for additional state and federal funding, including possible shelter opportunities in other areas of San Bernardino as feasible. Packet Page. 1089 Housing Needs 2-44 January 2024 Services for Unhoused People A sample of City organizations that provide services to unhoused individuals and families in San Bernardino is summarized below and in Table 2-29. • Homeless Access Center: The San Bernardino Homeless Access Center (HAC) seeks to provide homeless or people at risk of homelessness with the support and services they need to obtain decent affordable housing and services. The center provides various, much-needed resources, including homeless prevention support, rapid rehousing, outreach, and housing. • U.S.VETS Veteran Housing: In March 2022, the City approved development of a social service residential facility (Veteran’s Housing) consisting of 30 residential units for low-income military veterans. Programs included housing, case management, and supportive services. This will be the first of two veteran housing projects built in San Bernardino. • Time for Change Foundation for Homeless Women and Children: Time for Change offers transitional housing, case management, re-entry assistance, independent living skills, mommy and me bonding course, financial management, parent education, professional development services, transportation, health and nutritional wellness, and legal services. • Operation Grace: Since 1993, Operation Grace has provided emergency shelter for women and children in San Bernardino. The organization offers permanent supportive housing and provides programs to families at risk of losing their housing. Operation Grace partners with local organizations to provide various community services and homeless prevention services. • Central City Lutheran Mission: Established in 1994, CCLM assists those in crisis with emergency services, case management, life-skills training, employment, and education referrals. The organization also provides health and wellness services, housing counseling, education services and trainings, and permanent support and rapid rehousing. CSS is in the process of developing a wellness campus at their location in San Bernardino. • Mary’s Mercy Center: Mary’s Mercy provides meals six days a week, medical screenings, dental clinics, support for mothers in crisis, and supportive services. In 2020, the City, San Manuel, Mary’s Mercy, and other partners completed Mary’s Village—the first transitional housing complex for men experiencing homelessness. This four-phase project provides short- term housing, vocational education, job training, case management, and other services. • Step Up: Step Up’s Inland Empire Housing First Programs began in 2016. The team works with property management companies and landlords who are willing to engage with Step Up to rent to the homeless population. Step Up recently converted the Allstar Motel into 75 units of permanent supportive housing for formerly homeless people in San Bernardino. The project houses seniors who have experienced chronic homelessness in San Bernardino. Packet Page. 1090 Housing Needs City of San Bernardino General Plan – Housing Element 2-45 Table 2-29 Homeless Service Providers in San Bernardino Agency / Organization Summary of Housing and Support Services Emerg. Shelter Trans. Housing Perm. Supp. Housing Motel/ Rental Assist Support Services Lutheran Social Services X X X X X Salvation Army X X X X Restoration House X X X Operation Grace X X X X Rest for Your Souls X X Lighthouse X X Keys Nonprofit X X Step up On Second X X Mary's Mercy Center X X Time for Change Foundation X X X The Way World Outreach Option House X X X SBC Community Action X X X Catholic Charities X X Foothill AIDS X X X X U.S.VETS X X X SBC US Veteran Affairs X X X X X Source: HUD 2020 Continuum of Care, Housing Inventory Report, San Bernardino City. Notes: Many local churches also provide services for homeless people, but are often not listed on government publications. Additional County Resources By order of the Board of Supervisors in September 2007, the San Bernardino County Homeless Partnership (SBCHP) was formed to provide a more focused approach to issues of homelessness in the county. SBCHP was instrumental in preparing the Continuum of Care for the county and a plan to end homelessness. The Office of Homeless Services serves as the administrative arm of the SBCHP, operating the Homeless Count and coordinating a broad range of services. Some of the key services provided in the county are emergency shelter and motel vouchers, transitional housing, supportive housing, rapid rehousing, security deposit and utility assistance, rental assistance, and other community and support services. Packet Page. 1091 Housing Needs 2-46 January 2024 COLLEGE STUDENTS San Bernardino is home to two major colleges—California State University at San Bernardino and San Bernardino Valley College—and satellite campuses for institutions such as Azusa Pacific University. Smaller professional/vocational schools include Concorde and Summit College. Because educational institutions play an important role in community life, it is important to ensure that the significant housing needs of current and future students, faculty, and employees are addressed. Taken together, the City has more than 17,600 residents attending college. San Bernardino colleges with the largest number of students are described below. • California State University, San Bernardino (CSUSB). Founded in 1965, CSUSB is one of the 23 campuses of the California State University system. The main campus sits on 441 acres in the City’s University District, with a branch campus of 40 acres in Palm Desert. CSUSB’s fall 2020 enrollment was approximately 19,500. In 2020/2021, CSUSB had 440 full-time faculty, employed 1,390 persons, and operated a budget exceeding $250 million. Enrollment is projected to reach approximately 25,000 students at the buildout of the university. • San Bernardino Valley College (SBVC). Founded in 1926, SBVC is the 25th oldest colleges of the 115 community colleges across California. The main SBVC campus sits on an 82-acre site near downtown San Bernardino. Today, SBVC offers classes to approximately 15,000 students and runs on an annual budget of about $59 million. The college district has a second campus (Crafton Hills College in Yucaipa) and has 148 full-time faculty, 429 part-time faculty, and 459 staff. • Other Educational Institutions. San Bernardino’s smaller institutions of higher learning and/or professional and occupational trade schools enroll an undetermined number of additional students. Azusa Pacific, San Manuel Gateway College, Concorde College, Summit Career College, and others have San Bernardino campuses. Cumulatively, these institutions add to the total number of students, faculty, and employees and the associated demand for rental and ownership housing. San Bernardino Valley Community College Packet Page. 1092 Housing Needs City of San Bernardino General Plan – Housing Element 2-47 Student Housing and Services Student housing needs will vary based on the university, enrollment projections, income of students, cost of tuition, and local housing market. According to recent studies, it is common for many college students to pay too much for housing or double up with other students to afford ho]using. The issue of affordable housing affects students at both four-year universities and community colleges. Because of the cost of college, housing, and tuition combined, many students face some level of housing insecurity. According to CSUSB’s 2016-2020 Master Plan, an additional 3,320 beds in dormitory-style halls, residential suites, and apartments will be provided. Many of the existing student housing has reached the end of its functional life and needs to be remodeled or replaced. Two new areas of student housing will be created, one in the south campus area and one in the north; other areas of housing will be in the Gateway Precinct on both sides of the main campus entry. Because of the significant on- campus housing projects proposed over the life of the master plan, CSUSB does not project a need for additional housing. The issue of housing need will be addressed in the next master plan update. San Bernardino Community College District (SBCCD) has been exploring the need for student housing; in 2017, a Phase I housing feasibility study was completed at Crafton College in Yucaipa. The study found that 80 percent of CHC students would be interested in living in student housing. A similar study has not been conducted at the main campus in San Bernardino. In 2022, the SBCCD was awarded a $1 million grant to complete a housing feasibility study at both campuses. Should these feasibility studies demonstrate the demand for housing, the college district can submit an additional application for an allocation of the State of California’s dedicated projected pool of $1.5 billion to finance the development and construction of student housing projects. The San Bernardino Development Code conditionally permits student housing types. For instance, student housing is conditionally permitted in the RSH zone. Dormitories, fraternities, and sororities are also conditionally permitted in the RM, RMH, and RH zones. Fraternities and sororities are conditionally allowed in the CG-3 zone. CSUSB provides on-campus housing, but except for one housing project at the gateway of CSUSB and a conversion project downtown, there are no other student or faculty housing projects in the City. However, many of the apartment complexes near colleges may rent a significant number of their units to college students attending nearby schools. New student housing at CSUSB Packet Page. 1093 Housing Needs 2-48 January 2024 FARMWORKERS Farmworkers are traditionally defined as persons whose primary incomes are earned through permanent or seasonal agricultural labor. Permanent farm laborers work in the fields or in support activities, generally on a year-round basis. When workload increases during harvest periods, the labor force is supplemented by seasonal workers, who are often supplied by a labor contractor. For some crops, farms may hire migrant workers, defined as those whose travel prevents them from returning to their primary residence every evening. Farmworkers have special needs, and their lower incomes make it especially difficult to afford housing and other living expenses. For cities in the Inland Empire, agricultural uses were predominant in the early and mid-1900s. San Bernardino, like many communities at this time, had agricultural operations. The City also served as a rail hub, providing farmers with access to regional and statewide markets. With the suburbanization of San Bernardino and development of a manufacturing economy, most agricultural uses have closed long ago. As of 2020, only eight parcels (35 acres) in San Bernardino remain agricultural, and these consist primarily of cropland, orchards, row crops, and livestock. The City of San Bernardino has no prime farmland, lands of statewide or local importance, or land in production; therefore, actual farming and agricultural operations are very limited. Employment data by jurisdiction has always been scarce in the agricultural and farming industry. According to the USDA’s Census of Agriculture (2017), the latest survey available, there are an estimated 409 farms in San Bernardino County, and these farms employ an estimated 2,246 farmworkers, which include 1,579 permanent workers, 667 seasonal workers, and 106 migrant farmworkers. USDA employment data are not available at the City level; therefore, local estimates are not possible. According to the Federal Department of Labor, no employers in the City hire H 2A/H-2B visa holders (www.dol.gov/agencies/eta/foreign-labor/performance) as part of a major program for international visas for seasonal or migrant agricultural workers. According to the 2015-2019 ACS, 459 residents work in the combined agricultural, forestry, fishing and hunting sector—279 are full-time and 180 are part-time.3 Although the ACS does not provide a further disaggregation, local data provide better insight into “agricultural” work. Buzzfile was consulted to verify the type, number, and size of firms in the “agricultural production, crops, livestock and animal specialties” in the City. Twenty businesses employing a total of 132 employees. Lucky Farms, the largest at 60 workers, engages exclusively in distribution at its facility. The other 19 farming/agricultural/livestock businesses are small, employ six or fewer employees each (total of 62), and cumulatively generate $1.5 million in revenue annually.4 3 2015-2019 American Community Survey, Table S2405; S2404. 4 https://www.buzzfile.com/Home/Basic Packet Page. 1094 Housing Needs City of San Bernardino General Plan – Housing Element 2-49 Housing Need Based on the available data, farmworker business employs only 132 people, although there is no information on how many employees are residents versus those who live outside the City. To obtain insight on housing needs, the school district offers migrant education to qualified families– which would provide an estimated number of “migrant” children living in the City. According to CALPAD’s 2021 data, no SBCUSD student is eligible for migrant programs in the school district. Federal Department of Labor reports mentioned earlier also indicate that no employers in the City hire migrants that are authorized to work under H-2A or H-2B visas. Therefore, to the extent that farmworkers live in San Bernardino, they are not migrants but rather permanent residents. It is well-known that farmworkers earn some of the lowest incomes. According to the 2015-2019 ACS, the median household income is only $18,500, which is generally considered extremely low income. It should be noted, however, that many farmworkers work part time year round. Presumably, farmworkers (like other low income households) might hold other part-time employment to supplement their income. However, given these income levels and assuming that additional part time work is unavailable or that only one person works in each household, it can be assumed that farmworker families likely experience significant levels of housing overpayment or overcrowding, much like any extremely low income household living in San Bernardino. USDA has funded 17 farmworker projects in the High Desert or eastern San Bernardino Valley and dozens of farmworker housing projects in the Coachella Valley. None of the housing projects are in the immediate region due to the limited agricultural employment and corresponding low demand for such housing. Given that San Bernardino’s agricultural workers are likely permanent, earn extremely low incomes, and experience overpayment and overcrowding, their housing needs would be similar to any other extremely low-income household. The City has more than three dozen affordable apartment properties, offering thousands of affordable units. Please refer to the following section for information on housing suitable for extremely low-income households. While the number of farmworkers is estimated to be small, state law requires that jurisdictions remove potential barriers to the provision of suitable housing for farmworkers. Currently, the City’s development code conditionally permits agricultural uses in its residential zones. It also allows agricultural uses in industrial zones—agricultural uses are allowed with a development permit in the IH and IE zones, and agricultural services are allowed in the IL and IH zones. At some point in the future, agricultural uses will likely diminish further within the City of San Bernardino. However, to comply with state law, the Housing Plan proposes a program to amend the development code to define employee and agricultural housing, indicate zones where it is allowed, and specify the permitting process consistent with Health and Safety Code §§ 17021.5 and 17021.6. Packet Page. 1095 Housing Needs 2-50 January 2024 EXTREMELY LOW-INCOME HOUSEHOLDS The 2014-2018 Comprehensive Affordability Strategy (CHAS), a special tabulation of the US Census, indicates there were 19,760 very low- and extremely low-income households living in San Bernardino. Very low-income households (VLI) earn 50 percent or less of the median family income (MFI) for San Bernardino County. Extremely low-income households (ELI) earn less than 30 percent of the MFI. There are 11,365 extremely low-income households in the City. As shown in Figure 2-15, ELI and VLI households experience a high prevalence of housing problems. Of the ELI households in the City, 83 percent experience at least one of the four housing problems. An estimated 79 percent of ELI owner households experienced a housing problem compared to 84 percent of renter households. Housing problems are defined as overpayment, overcrowding, and units that lack complete kitchens or plumbing. Additionally, ELI households experience high rates of cost burden (i.e., housing overpayment) in the City. The CHAS 2014- 2018 data also shows that 80 percent of ELI households pay over 30 percent of their income to housing costs, and 77 percent of VLI households pay more than 30 percent of their income for housing. Table 2-30 summarizes housing problems among lower income households in the City of San Bernardino. Table 2-30 Very Low- and Extremely Low-Income Housing Problems Housing Problems Ext Low-Income Very Low-Income Low-Income Owner Renter Total Owner Renter Total Owner Renter Total 1 or more 1,745 7,675 9,420 2,025 5,490 7,515 2,885 4,755 7,640 Cost Burden 30%+ 1,640 7,450 9,095 1,790 5,260 7,045 2,360 4,065 6,425 Cost Burden 50%+ 1,340 6,730 8,070 960 2,985 3,945 735 635 1,370 Overcrowding 240 9,155 9,485 355 1,470 1,825 840 1,045 1,885 Source: Consolidated Planning/CHAS Data, City of San Bernardino, 2014-2018. 79% 67% 57% 84%89% 77% 0% 20% 40% 60% 80% 100% ELI VL LOWPercent of HH, Respective to Income Owner Hhlds Renter Hhlds Figure 2-15 Lower Income Households with Housing Problems in San Bernardino, 2000 Packet Page. 1096 Housing Needs City of San Bernardino General Plan – Housing Element 2-51 Housing and Services California’s housing crisis is a half century in the making. Decades of underproduction combined with exclusionary policies have left housing supply far behind need and costs soaring. As a result, millions of Californians, disproportionately lower income and people of color, must make hard decisions about paying for housing at the expense of food, health care, childcare, and transportation. This crisis is affecting every region of the state, including southern California. State and local agencies are working to support housing development to lower-income households. Every eight years, the state of California sets a target for homes needed for each income level to meet the housing needs of all Californians. Local governments must plan for enough housing to meet the housing need in their communities. As described in Chapter 4, SCAG finalized a RHNA allocation for each member jurisdiction. The City of San Bernardino was assigned a future need for 1,415 very low-income units, of which half (703 units) are the projected need for extremely low-income households from 2021 to 2029. The City is facilitating and encouraging the development and rehabilitation of existing housing to meet the needs for ELI housing. Projects from groups such as National Core— which is currently replacing the 400-unit Waterman Gardens public housing project with new affordable housing and supportive services on-site—are providing much-needed housing options for extremely low-income residents. Organizations like NHPS, Mary Erickson, and many other nonprofit and for-profit organizations are building infill housing that is affordable to lower income households. Accessory dwelling units can also provide affordable housing. Recent state laws have streamlined the development of ADUs, making them increasingly affordable and accessible to build. ADUs can provide free housing and lodging for relatives or be rented at affordable rates. In many cases, ADUs are being built on deeper lots and are detached backyard units. ADUs will continue to provide options for extremely low-, very low-, and low-income households in San Bernardino. Although single-room-occupancy (SRO) units are often proposed as an option, the vast majority of ELI households are families, and SROs would generally be inappropriate for this group due to their small size, limited privacy, and general lack of open space, needed for families. However, the City does permit SRO housing in the community subject to an approved conditional use permit. Packet Page. 1097 Housing Needs 2-52 January 2024 The Housing Authority of the County of San Bernardino (HACSB), the public housing authority (PHA) for the county, issues rental vouchers to bridge the gap between income, affordability, and market rate housing. The following paragraphs and Table 2-31 describe the two forms of vouchers—tenant based and project based—issued to residents in San Bernardino City in 2020 and various characteristics of individuals served by the vouchers. • Tenant-Based Vouchers. Families with a tenant-based voucher choose and lease privately owned rental housing. A PHA pays the tenant a voucher equal to the difference between 30 percent of family income and a payment standard determined by the local PHA or the gross rent for the rental housing unit, whichever is lower. • Project-Based Vouchers. Project- based vouchers (PBVs) are a component of a PHA’s Housing Choice Voucher (HCV) program. The PHA uses tenant-based voucher funding to allocate units to a project, typically selected through a competitive process managed by the PHA. A PHA can use up to 20 percent of its authorized voucher units in a specific project if the owner agrees to either rehabilitate or construct the units, or the owner agrees to set aside a portion of the units in an existing development. In total, the HACSB issued over 2,500 tenant-based vouchers and over 1,000 project-based Section 8 vouchers. According to Federal HUD data, over 90 percent of very low-income households rely on the City’s voucher program, and around 70 to 80 percent of extremely low- income households rely on these programs. It is important to note that the HACSB only receives a set amount of funding for the voucher program, so a voucher waitlist is common, and households may spend time applying for funding without receiving it based on waitlist status. In addition to vouchers, the City offers assistance to extremely low-income households through partnerships with nonprofits and homeless prevention programs. Deed-restricted affordable housing is another way to support ELI households. Specifically, the City has 37 housing projects that provide a total of 3,790 affordable housing units. The units range from affordable to extremely low income, less than 30 percent of the median income, to low income, 50 to 80 percent of the median family income. These projects are described in detail in the following section. Table 2-31 Rental Housing Vouchers, City of San Bernardino, 2020 Vouchers Program Characteristic Tenant Based Project Based Subsidized Units (##) 2,582 1,050 % VLI households 91% 95% % ELI households 68% 77% % Female Headed (FH) 77% 69% % FH w/children 32% 26% % Seniors 22% 53% % Minority 88% 84% % Disabled member 54% 17% Source: HUD User, 2020. Packet Page. 1098 Housing Needs City of San Bernardino General Plan – Housing Element 2-53 Additional Grant-Funded Rental Assistance In recent years, the rental market has dramatically changed, with steep escalation in monthly rents. While the City’s mobile home parks have rent stabilization in place to protect renters, other renters lacked protections. In 2019, California passed numerous laws (e.g., AB 1482) to increase the supply of affordable rental housing. This legislation was intended to try to solve the state's housing crisis and prevent housing insecurity. AB1482, limited the maximum annual rent increase is limited to 10% (which includes a cost-of-living adjustment of up to 5 percent. However, this provision only applies to apartments that are 15 years or older. The COVID pandemic in 2019-2021 exacerbated the affordability issue. Residents in San Bernardino and across California had difficulty in making rental payments due to pandemic- related employment losses–threatening many with the potential loss of their housing. Loss in employment also affected existing homeowners as well. To prevent displacement of renters who often are more financially vulnerable than other households, the City sought to apply emergency rental assistance grants from three separate emergency rental assistance (ERA) programs, (1) U.S Treasury ERA 1, (2) U.S Treasury ERA 2, and (3) an ERA 2 State Block Grant. The City of San Bernardino was awarded approximately $21 million, of which an approximate total of $18 million in emergency rental assistance grant funding was available to be spent on direct service payments to program applicants ($21 million – 15% administrative costs). As of November 18, 2022, the City’s program had disbursed approximately $16.6 million in direct service payments. The City has now fully expended all ERA 1 direct assistance funds (~ $5.7 million) and all ERA 2 State Block Grant direct assistance funds (~ $5.2 million). Additionally, the City has expended a majority of its Treasury ERA 2 direct assistance funds (~ $7 million available). Since the Emergency Rental Assistance Program was launched in June 2021, Inland SoCal 211+ has administered the funds on behalf of the City. As of November 18, 2022, Inland SoCal 211+ has processed 4,442 applications, assisted 1,637 households, and disbursed over $16.6 million dollars (average assistance is $10,179/household) and counting. Inland SoCal 211+ continues to disburse funds from the final ERA 2 U.S Treasury funds to remaining applicants in the queue. While the City lacks funds to continue this program, the City will continue to seek and apply for any remaining funds available from either the state or federal government. Packet Page. 1099 Housing Needs 2-54 January 2024 2.4 HOUSING PRESERVATION San Bernardino has significant affordable housing stock that receives public subsidies in return for long-term covenants guaranteeing affordability. Typically, these residential projects provide units affordable to extremely low-, very low-, and low- income households, including persons with special needs. City records show that there are 1,450 senior units and 2,050 family/all ages projects. An additional 122 units are special needs housing (Figure 2-16). It is also important to note that San Bernardino has a mobile home rent stabilization program covering many of its 46 mobile home parks. While not all units are subject to the ordinance, the City has more than 4,000 mobile home units that are likely affordable to lower income households. California law requires that all housing elements include an analysis of affordable housing projects that have been assisted by governmental or private funds regarding their eligibility and “risk” to change from low-income housing to market rates by 2031. The California Housing Partnership ranked all affordable projects, including those in San Bernardino, into three categories: • Projects at No Risk: Projects not considered at risk are affordable multi-family housing projects in which the affordability controls will not expire within 10 years of the beginning of the planning period for the Housing Element, which is 2031. • Projects at Low Risk: Low-risk projects are those whose covenant expiration date is before 2030, but arrangements have been made to preserve the units or the owners are not likely to convert the projects. This includes projects owned by HASCB and/or its subsidiary Housing Partners 1, a 501c3 Community Housing Development Organization (CHDO). • Projects at High Risk: These projects are affordable multi-family housing in which the affordability restrictions have expired and the present affordability is maintained through Section 8 vouchers or some other subsidy that is uncertain and could terminate. This would be the case for privately owned properties where subsidy continuation is uncertain. 0 500 1,000 1,500 2,000 2,500 Senior Units All Ages Units Special Need Units Figure 2-16 Publicly Assisted Multi-family Housing in San Bernardino, 2020 Packet Page. 1100 Housing Needs City of San Bernardino General Plan – Housing Element 2-55 Table 2-32 San Bernardino Subsidized Multi-Family Housing Development Name Target Residents Project Financing Total Units Afford. Units Earliest Expiration At Risk Status Sterling Village Large Family LIHTC 80 79 2036 Not At-Risk Magnolia at Highland Senior LIHTC 80 79 2041 Not At-Risk Lugo Apartments Senior LIHTC 119 118 2044 Not At-Risk Vintage at Kendall Senior LIHTC 178 176 2043 Not At-Risk Arrowhead Vista Senior LIHTC 40 39 2069 Not At-Risk New Zion Manor Family LIHTC 125 125 2071 Not At-Risk Beautiful Light Inn Seniors LIHTC 100 99 2072 Not At-Risk Pioneer Park Plaza All Ages LIHTC 161 159 2073 Not At-Risk Foothill Villas Large Family LIHTC 239 237 2075 Not At-Risk Baseline Coop Senior 202/811 75 74 Permanent Not At-Risk St. Bernardine Plaza Senior 202/811 150 148 2037 Not At Risk TELACU Monte Vista Senior 202/811 75 74 2057 Not At-Risk TELACU San Bern. V Senior 202/811 75 74 2065 Not At-Risk TELACU Buena Vista Senior 202/811 75 74 2058 Not At-Risk TELACU Sierra Vista Senior 202/811 75 74 2057 Not At-Risk TELACU La Amistad Senior 202/811 89 89 2064 Not At-Risk TELACU Hacienda Senior 202/811 75 74 2064 Not At-Risk AHEPA 3002 Senior 202/811 90 90 2047 Not At-Risk Meadowbrook Park Family HAP/HOME 267 210 2033 Not At-Risk Creekside Apartments Family Bonds 304 60 2049 Not At Risk All Star Lodge PSH HOMEKEY 75 75 N/A Not At Risk Valencia Vista Large Family LIHTC 76 75 2068 Not At-Risk Olive Meadow Large Family LIHTC 62 42 2073 Not At Risk Crestview Terrace Large Family LIHTC 184 182 2076 Not At Risk Tuscany/Silverwood Family Bond 328 66 2057 Not At Risk Eastpointe Village Family RDA/NSP 52 52 2046 Not At-Risk Phoenix Apartments Transitional CalHFA 9 9 2033 Not At-Risk Golden Apartments PSH HOME 39 38 2057 Not At-Risk San Bernardino Senior Senior 202/811 80 79 2042 Not At-Risk Pacific Village All Ages HCD -- -- 2033 Not At-Risk Packet Page. 1101 Housing Needs 2-56 January 2024 Table 2-32 San Bernardino Subsidized Multi-Family Housing Development Name Target Residents Project Financing Total Units Afford. Units Earliest Expiration At Risk Status Village Green All Ages LIHTC/HAP 184 181 2042 Not At-Risk Ramona Sr. Project Senior LIHTC/MRB 44 43 2024 High Risk The Waterman Large Family LIHTC 128 127 2030 High Risk Autumnwood/Millcreek All Ages LIHTC 160 158 2030 High Risk Maplewood Home Family PBV 296 296 2026 Low Risk Arrowhead Woods Senior PBV 51 51 2027 Low Risk Kendall Drive Apts. Family PBV 37 6 2025 Low Risk Kendall Park Apts. Family PBV 52 4 2025 Low Risk Frazee Family HOME 14 13 2029 Low Risk 7 Arrows Family HOME 9 9 2029 Low Risk Subtotal By Type Total Units Afford Units At Risk Units Percent Senior Projects 1,542 1,448 94 6% Family/All Ages Projects 2,514 2,155 613 24% Permanent Supportive Housing 123 122 0 0% Total (All Affordable Units) 4,179 3,804 707 16% Source: California Housing Partnership; TCAC, City Records, 2023 Notes: PBV: Federal project-based rental housing vouchers provided by the Housing Authority of San Bernardino County CALHFA: Financing provided through the California Housing Finance Agency HCD: Financing provided through HCD’s Rental Housing Construction Program LIHTC: California low income housing tax credits MRB: Mortgage Revenue Bonds NSP: Neighborhood Stabilization funding from the federal government RDA: Former redevelopment agency of the City of San Bernardino SECTION 202/811: Federal program for funding housing earmarked for seniors and people with disabilities HOME: Federal HOME Investment Partnerships Program HAP: Federal Housing Assistance Plan for allocating project-based vouchers HOMEKEY: California Department of Housing and Community Development program for converting motels Packet Page. 1102 Housing Needs City of San Bernardino General Plan – Housing Element 2-57 Status of At Risk Affordable Housing Projects A total of 707 publicly subsidized affordable housing units are technically at risk of conversion to market rents based solely on the expiration date of the project covenants or affordability controls. However, when factoring in conversations with the property owners, only 350 units are at risk of conversion by 2030. The following describes each project. Housing Authority Projects The Housing Authority of San Bernardino County (HASC) or its affiliate, Housing Partners (HP1), owns three projects–Maplewood Homes (296 single-family units, Arrowhead Wood (51-unit senior apartment project), and Kendall (10 units). The City contacted HASBC to determine the status of each project, as summarized below. • Arrowhead Woods. This project offers 51 units of affordable housing for senior households earning up to 80 percent of MFI. The project is under contract to accept project-based vouchers until March 31, 2027 and is at risk of conversion. While this project is not a Rental Assistance Demonstration project and not subject to preservation requirements, the Executive Director of HACSB indicated that the agency’s intent is to extend the contract for project-based vouchers prior to 2027. • Maplewood Apartments. This project offers 296 units of affordable rental housing for families earning up to 80 percent of MFI. The project is under contract to accept project- based vouchers until April 30, 2026 and is considered at risk. The project previously participated in a Rental Assistance Demonstration Program that requires extension of affordability covenants for 15 years. According to the Executive Director of HACSB, the agency will extend the rental assistance program (PBV) per RAD requirements. • Kendall Drive. HASC’s affiliate nonprofit, Housing Partners I (HP1), owns two multiple- family housing projects on Kendall Drive that offer 10 rental units affordable to families earning up to 80 percent of MFI. As a 501(c)(3), HPI is a Community Housing Development Organization that owns and preserves affordable housing. The project’s affordability is slated to expire on March 31, 2025. At this time, HASCB intends to extend the project- based vouchers and preserve the affordability of the Kendall Drive projects. Arrowhead Woods Apartments Packet Page. 1103 Housing Needs 2-58 January 2024 Tax Credit Projects Three tax credit projects in San Bernardino are at-risk of conversion. Mill Creek Apartments is a 160-unit affordable project that was placed into service in 2000. Waterman Apartments, in south San Bernardino, is a 128-unit family project placed into service in 2000. Ramona Senior Apartments, located on the westside, was funded through LIHTC and placed into service in 1994. All of the apartment properties receive tax credits, have a 30-year compliance period to maintain units affordable to lower income households, and would be eligible to convert to market rents by the end of 2031. According to the Department of Housing and Community Development, none of the three projects have registered a notice of intent to opt out, and multiple attempts to reach the project owners and determine their preservation intentions were unsuccessful. Dorjil I and II Two family housing projects, Dorjil I and II, were previously at high risk of conversion with covenants of 50 years (or until 2032) for the former and 30 years (or until 2016) for the latter. In 2016, Dorjil 2’s covenant expired and the project changed to market rents. Between 2018-2021, HCD initiated the process of default of Dorjil 1 based on a lack of compliance with regulatory agreements. In March 2022, Golden Opportunity No 14 acquired Dorjil I via a trustee sale. Upon a petition from Golden Opportunity, in 2022, HCD agreed that the regulatory agreement was terminated via the Trustee sale releasing Golden Opportunity from it in November 2022. Neither of the Dorjil projects notified the City of San Bernardino nor registered their intentions with HCD in accordance with Government Code 65863.10(b) and (c). Neither project is listed on HCD’s website for a notice to convert to market rents. While the City could not prevent the conversion of the housing units to market rents, support to the tenants was offered. The City worked with County Legal Services and San Bernardino Legal Aid, which assisted residents. In 2023, the City organized a resource meeting where service providers (Catholic Charities, Keys, Lighthouse Social Services, Veteran rep, etc.) were present to offer resources to affected tenants. Home Funded Projects The City of San Bernardino also provided HOME funds to two residential projects (comprising 22 affordable units) of which the affordability covenant expires by 2029. These projects are the Frazee and 7 Arrows Apartment projects. These projects received some funding from the City through the HUD HOME Investments Partnerships Program (HOME). In projects with five or more HOME- assisted units, at least 20% of these units must be occupied by families earning 50% or less of area median income (AMI). All other HOME-assisted units must be occupied by low income families. Conversations with City Housing staff in Fall 2023, staff indicated that the City will be working with the owners to find additional funding to help preserve the long-term affordability of the projects. Packet Page. 1104 Housing Needs City of San Bernardino General Plan – Housing Element 2-59 PRESERVATION ANALYSIS The City of San Bernardino has nine affordable housing projects in which affordability covenants will expire on 707 housing units by 2031 and which are considered at risk within the next 10 years. Projects at risk of conversion are: the Ramona Senior Apartments, Waterman Apartments, Autumnwood Apartments, Maplewood Homes (duplexes), Arrowhead Woods Apartments, two apartment projects on Kendall, Frazee and 7 Arrows. However, as explained earlier, the City has received commitments on the preservation of the projects owned by the Housing Authority and those provided HOME funds by the City. Therefore, only 350 units are at-risk. For the purpose of this preservation analysis, the financial commitment needed to preserve all 707 units is provided. Available options to preserve projects fall into four categories. The primary incentive for preservation is typically financial. Property owners are more likely to consider options for conversion when they have insufficient funding to maintain operations. • New Construction. National studies show that median total development costs per unit for affordable apartments in California are $389,458 (land included) and $284,568 (without land) based on a sample of LIHTC projects. However, there is considerable variation between metropolitan areas. Under this scenario, replacing the 707 at-risk affordable units would cost between $201 million (without the land) and $275 million (inclusive of land). • Acquisition/Rehabilitation. Acquisition and rehabilitation costs are difficult to estimate since they depend on the condition of the property and level of deferred maintenance. Based on a survey of acquisition and rehabilitation projects in California, the average rehabilitation cost (including land acquisition and construction costs) is $197,686 per unit. Under this scenario, replacing the at-risk units in San Bernardino would cost an estimated $140 million. • Rehabilitation. There is no industry standard for estimating rehabilitation costs for multi- family housing since the cost depends on the improvements (e.g., energy conservation, roofing, or deferred maintenance). Based on a survey of recent LIHTC-funded projects in California, the average cost of rehabilitation is $106,910 per unit. Therefore, the cost of preserving units (assuming deed restrictions were extended) would translate to $75 million. • Extend Rent Subsidies. Extending rental subsidies is often coupled with rehabilitation. However, if rehabilitation is not needed, then extending rental subsidies is more straightforward. The difference between what is affordable to various households and market rents is considered the subsidy, and this is calculated on an annual or per year basis. The subsidy per year is multiplied by 707 (the number of units at risk of conversion). Packet Page. 1105 Housing Needs 2-60 January 2024 Table 2-33 outlines the affordable housing costs for ELI, VLI, and LI households compared to the current market rate. The scenario outlines the subsidy difference per unit and the maximum subsidy for all at-risk units. Per year, this scenario is the least costly compared to those mentioned above, but as the markets shifts, housing costs may go up, which would change the subsidy needed to keep housing affordable. Additionally, the cost of subsidies is more expensive over an extended period of time if the length of covenants is considered. Table 2-33 Subsidy Cost per Unit Type, by Income Category Income Category Affordable Monthly Cost (30% income) Market Cost per Month Subsidy Difference per Unit Subsidy per Year (monthly subsidy x 12) Total Subsidy per Year (Difference x Units at Risk) 1-Bedroom ELI $475 $1,235 $760 $9,120 $6,447,840 VLI $790 $1,235 $445 $5,340 $3,775,380 LI $1,265 $1,235 $ (30) $-- $-- 2-Bedroom ELI $549 $1,425 $876 $10,512 $7,431,984 VLI $888 $1,425 $536 $6,435 $4,555,908 LI $1,422 $1,425 $3 $36 $25,452 3-Bedroom ELI $662 $1,612 $950 $11,400 $8,059,800 VLI $987 $1,612 $625 $7,500 $5,302,500 LI $1,580 $1,612 $32 $390 $271,488 Source: PlaceWorks. 2023 Of the four approaches mentioned above, new construction is the most expensive approach to replacing at-risk units based on the cost of land and construction. Annual subsidies are among the lowest cost on a marginal basis; however, they may not be cost effective because the subsidy gap can grow as market costs increase, and long-term preservation is not guaranteed. Overall, rehabilitation is the most cost-efficient route to preserving affordable housing. Rehabilitation does not require the acquisition of land and may even reduce environmental impacts because entirely new construction is not required. Rehabilitation funding can also be provided in return for long- term covenants, guaranteeing the long-term preservation of the projects’ affordability. Packet Page. 1106 Housing Needs City of San Bernardino General Plan – Housing Element 2-61 AVAILABLE PROGRAMS A variety of state and federal housing programs assist cities in preserving (e.g., acquiring, replacing, or subsidizing) affordable housing units that are at risk of conversion to market rents. The following summarizes some of the major financial resources available. • Community Development Block Grant (CDBG). The primary objective of the CDBG program is the development of viable communities through the provision of decent housing, a suitable living environment, and economic opportunity, principally for low- and moderate- income persons. Eligible activities include administration, fair housing, energy conservation, assistance for economic development, public facilities and improvements, and public services. • HOME Investment Partnership. Cities can receive funds by formula from the Department of Housing and Urban Development (HUD) to increase the supply of decent, safe, sanitary, and affordable housing to lower-income households. Eligible activities include housing acquisition, rehabilitation, and development; homebuyer assistance; and rental assistance. • Section 8 Rental Assistance Program. The Section 8 Program provides rental assistance payments to owners of private, market-rate units on behalf of very low-income tenants, senior citizens, disabled and/or handicapped persons, and other individuals in need of affordable housing. This program can be tenant based (assistance directly to tenants) or project based. • Section 202/811 Program. The Federal Section 202 program is used for the construction of very low-income rental housing with supportive services for seniors and persons with disabilities. These funds can be used in conjunction with the Federal Section 811 program to develop group homes, independent living facilities, and immediate care facilities. Eligible activities include acquisition, rehabilitation, new construction, and rental assistance. • California Housing Finance Agency (CalHFA) Multi-family Programs. CalHFA’s Multi- family Programs provide permanent financing for the acquisition, rehabilitation, and preservation of new construction of rental housing that includes affordable rents for low- and moderate-income families and individuals. One of the programs is the Preservation Loan program, which provides acquisition/rehabilitation and permanent loan financing designed to preserve or increase the affordability status of existing multi-family housing projects. • Low-Income Housing Tax Credit (LIHTC). This program provides tax credits to individuals and corporations that invest in low-income rental housing. Tax credits are sold to those with high tax liability, and proceeds are used to create housing. Eligible activities include new construction, rehabilitation, and acquisition of properties. Nearly half of the City’s affordable housing projects have received tax credits for construction, acquisition, and rehabilitation. Packet Page. 1107 Housing Needs 2-62 January 2024 QUALIFIED ENTITIES Property owners of government-assisted developments cannot terminate subsidy contracts, prepay a federally assisted mortgage, or discontinue use restrictions without first providing an exclusive "notice of opportunity to submit an offer to purchase" to each identified qualified entity. To assist in the preservation of these projects, the Housing Element must identify local public agencies, public or private nonprofit corporations, and for-profit organizations that have the legal and managerial capacity to acquire and manage affordable housing projects that are at risk of conversion to market-rate rents. Table 2-34 lists entities certified as capable entities in the Inland Empire. Several of the corporate entities are already active in the City of San Bernardino. Table 2-34 Qualified Housing and Service Entities Corporate Entity Address City Active in San Bernardino Century Housing Corporation 1000 Corporate Pointe Culver City Yes Neighborhood Housing Services 1390 North D St San Bernardino Yes BUILD Leadership Development 1280 Bison Newport Beach Housing Corporation of America 31423 Coast Hwy Laguna Beach So. California Presbyterian Homes 516 Burchett St Glendale TELACU 1248 Goodrich Blvd. Los Angeles Yes Nexus for Affordable Housing 1572 N. Main Street Orange National Core 9421 Haven Avenue Rancho Yes Standard Communities 1901 Ave. of the Stars Los Angeles Yes Orange Hsg Development Corp 414 E. Chapman Avenue Orange Keller & Company 4309 Argos Drive San Diego CSI Support & Development 201 E. Huntington Drive Monrovia Yes ROEM Development Corporation 1650 Lafayette Circle Santa Clara Abbey Road Inc. 15305 Rayen Street North Hills Innovative Housing Opportunities, 19772 Macarthur Blvd. Irvine L + M Fund Management 1873 Palmer Ave Westchester Mercy Housing 1360 Mission St San Francisco Yes Source: HUD, Qualified Entities list, 2022. Packet Page. 1108 City of San Bernardino General Plan – Housing Element 3-1 3.0 CONSTRAINTS The State of California requires that all Housing Elements include an analysis of governmental and nongovernmental constraints to the development of housing available to all levels of income. The authority for this constraints analysis comes from California Government Code (Cal. Govt. Code) 65583(a)(5), which specifies what each government needs to include in the analysis to achieve compliance with California law. This chapter performs the requisite “constraints” analysis for the City of San Bernardino’s Housing Element spanning from 2021 to 2029. Generally, three “potential” constraints influence the ability of jurisdictions to achieve their housing goals relative to the production, maintenance, and improvement of housing. These include governmental, nongovernmental, and environmental factors. This chapter analyzes these three potential constraints: » Market factors: this includes nongovern-mental constraints–land, construction and rehabilitation costs, availability of financing, and other market factors. » Governmental factors: this includes governmental factors—land use regulations, development standards, building codes, permit procedures, etc. » Environmental factors: this includes hazards–flooding, liquefaction, wildfire, geologic, and other unique hazards– that could potentially constrain development. The constraints analysis must also describe the City’s efforts to address and, where appropriate and legally possible, to remove constraints when they prevent achievement of state and local housing goals with respect to the maintenance, improvement, and development of housing. To that end, this chapter reviews the City’s General Plan, Zoning Code, Specific Plans, Consolidated Plan, Analysis of Impediments, Housing Authority Plans, and other plans to analyze policies, regulations, administrative practices, and other factors that may limit housing opportunities. Where needed, programs are included in the Housing Element to remove or mitigate constraints. Construction workers building housing Packet Page. 1109 Housing Constraints 3-2 January 2024 3.1 GOVERNMENTAL CONSTRAINTS 3.1.1 Land Use Policies and Controls The City’s land use policies and controls include its General Plan, Specific Plans, and related land use controls articulated in the San Bernardino Municipal Code. The General Plan controls the land use for the entire city, and Specific Plans pertain to localized areas to create a unique land use vision for a specific area. These plans and regulations could create constraints to housing development if compliance with them unduly impedes the feasibility of housing development. GENERAL PLAN LAND USE ELEMENT The City most recent comprehensive update to its General Plan was in 2005. The Land Use Element maps where certain land uses, including housing, are permitted in San Bernardino. Overall, the General Plan provides high-level policy support to guide the development of residential land uses. It is important to note that the San Bernardino General Plan has a one-map system where General Plan land use designations and zoning are one and the same. The 2025 General Plan permits housing and residential uses in three general land use designations, described below and detailed in Table 3-1. » Single-family. This designation is implemented by four residential zones, ranging from semirural / estate to more suburban setting allowing a density of up to 4.5 units per acre. » Multi-family. This designation is implemented by six residential zones, ranging from medium to high density zones allowing a density of 9 to 36 units per acre. » Commercial. This designation allows for multi-family housing and senior housing at maximum densities of 47 units per acre and up to 130 units per acre in certain cases. The City’s anticipated land use element update will not add or change the City’s residential districts or allowable uses beyond increasing the maximum allowed density in higher density districts. A new mixed-use corridor district will be created, but the development capacity created by these new land use districts will not be used to satisfy the 6th cycle RHNA. The new land use element update will only increase the types and allowed density of housing in the existing districts shown. Table 3-1 lists the City’s primary General Plan land use designations/districts allowing residential uses, a description of the districts’ intent, and the permitted residential density allowed. Packet Page. 1110 Housing Constraints City of San Bernardino General Plan – Housing Element 3-3 Table 3-1 Current Land Use Designations/Districts Land Use Designation Intent of Land Use Designation and Zone Permitted Density/ Anticipated Change Residential Estate (RE) Low density residential units situated on large residential lots and conveying an “estate” character. 1.0 du/ac Residential Low (RL) Low-density, large lot, single-family detached units with a minimum average lot of 10,800 sf. 3.1 du/ac Residential Suburban (RS) Single-family detached units within a suburban setting with a minimum lot of 7,200 sf. 4.5 du/ac Residential Urban (RU) Detached and attached units, duplex, mobile home parks, and small lot subdivisions. 8.0 du/ac: 12 du/ac for senior and congregate care housing Residential Medium (RM) Townhomes, condos, and apartments as well as senior/congregate care housing with up to a 50% density bonus with approved CUP 8 du/ac: lots <14,400 sf 12 du/ac: lots >14,400 sf Medium High RMH) RMH and RH: 24-31 du/ac based on whether lot > or < 20,000 sf Residential High (RH) Commercial Office (CO) Administrative and professional offices, hospitals, and supporting retail uses near major transportation corridors and senior housing/congregate care. 47 du/ac for senior and senior congregate care housing Commercial General 1 (CG-1) Retail, personal service, entertainment, office and related commercial uses along major corridors and intersections. This zone also allows senior/congregate care with a CUP 47 du/ac for senior & senior congregate care housing Commercial General 2 (CG-2) This zone promotes economic activity of appropriate commercial corridors by infill and intensification, establishing new key activity centers and nodes, and allowing of medium and medium high residential. 12 du/ac: west of I-215; 21 du/ac: east of I-215 Commercial Regional-Downtown (CR-2) Regional serving uses, incl. governmental/ administrative, professional, cultural/ historical and entertainment, convention facilities, hotels/motels, supporting services, and residential and senior housing. 4.0 FAR: Vertical mixed-use 130 du/ac: senior and senior congregate care housing Sources: City of San Bernardino General Plan (2005) City of San Bernardino Development Code (October 2021). Packet Page. 1111 Housing Constraints 3-4 January 2024 Overlay and Special Zones The City has adopted overlay and special zoning districts to allow for specific land uses that further the objectives and goals of the General Plan. The specific plan or overlay is placed over an existing base zone(s) that identifies special provisions in addition to those in the underlying zone. The overlay district can share common boundaries with the base zone or cut across zone boundaries. The City has several established overlay zones, described in Table 3-2. Table 3-2 Overlay and Special Zones Category8 Gen. Plan Land Use Description Permitted Density Specific Plan (SP) Specific Plan This zone provides a base designation to implement the goals, objectives, and policies of the General Plan for specific areas and uses which by their unique character require a comprehensive and intense evaluation and planning effort. Of the five specific plans where capacity remains, three will be revised in upcoming years. Same as adopted Specific Plan. Emergency Shelter Overlay (ES) n/a This overlay provides areas within the CH, IL, and OIP zones where emergency shelters can be integrated with commercial and light industrial uses and social services. The purpose of the designated boundaries of the overlay is to maximize the potential for provision of emergency shelter and support services throughout the community while minimizing the impact on neighborhoods. Same as base zone Transit Overlay District (TOD) n/a This overlay encourages a mix and intensity of land uses in a compact pattern around the 13 transit stations along the SBX BRT route. It is intended to foster transit usage, spur economic growth, reduce auto dependency, encourage infill and redevelopment, improve air quality, promote quality housing and neighborhoods. Same as base zone Adaptive Reuse Overlay (AR) n/a This overlay allows repurposing of underused commercial and office buildings for housing. The overlay contains historic or architecturally significant buildings. The standards allow for a more diverse mix of uses in the office districts north of the downtown area and will aid in the preservation of culturally significant areas, while also making strides toward meeting local housing needs. Same as base zone Source: City of San Bernardino Municipal Code Note: Please refer to the San Bernardino Municipal Code or Specific Plans for further detail. Packet Page. 1112 Housing Constraints City of San Bernardino General Plan – Housing Element 3-5 SPECIFIC PLANS San Bernardino has nine approved specific plans, seven or which allow for residential uses. Specific plans help implement unique development visions for specific localities and communities, and therefore the development standards vary from the municipal code. Of the seven plans that allow for residential uses, four will be revised in the next few years. Table 3-3 provides a high-level summary of the City’s specific plans that allow for residential uses. Table 3-3 Specific Plans with Residential Zones Specific Plan Housing Type Maximum Density (du/ac) Acres and Total Units Envisioned Status Rancho Palma Single-family residential Unspecified 26.9 acres 120 units Complete Paseo Las Placitas Apartments and Condominiums 50 Unspecified Approved Not built out Arrowhead Springs Single-family residential Unspecified 117 acres 1,350 units Approved Undeveloped Spring Trails Single-family residential 4.0 70 acres 300 units Approved Undeveloped University Hills Single-family detached Varies (0–3.2) 170 acres 980 units Approved Undeveloped Waterman + Baseline Single-family residential; mixed-use Varies (14–30) Unspecified Under Construction Downtown Specific Plan Single-family, multi-family, mixed uses Varies 472 acres 15,000 units In Planning Stage Highland Hills Single-family residential Varies 540 acres 695 units Approved Undeveloped Source: City of San Bernardino (accessed December 21, 2021): https://www.sbcity.org/cms/one.aspx?portalId=17442546&pageId=18208728 Of particular note, the City is developing a downtown specific plan that will allow more than 15,000 housing units of development capacity in the downtown core. Additional information on this specific plan is provided in the housing resources chapter of the Housing Element. Following adoption of the updated General Plan, the City also anticipates revisiting and revising specific plans which have been approved but not fully developed. These specific plans will be revised to address changes in the local housing market since their original date of adoption. Packet Page. 1113 Housing Constraints 3-6 January 2024 3.1.2 Housing Opportunities Though the General Plan establishes the high-level vision for land use across San Bernardino, the City’s Development Code, Title 19, Land Use/Subdivision Regulations, regulates how land may be developed and improved. Table 3-4 identifies the permitted housing types in San Bernardino that are allowed or prohibited in the City’s primary zones. Table 3-4 Permitted Residential Uses Residential Use Residential Zones Commercial Zones RE, RL, RS RU RM, RH RMH RSH CO CG-1 CG-2 CR-2 Conventional Housing Single-family D D D X X X X X Manufactured Housing D D D X X X X X Mobile Home Parks D D D X X X X X Multi-family X D D X X X D D Condo or Townhouse D D D X X X X X Mixed-Use X X X X D D D D Senior/Congregate Care X D D X C C C C Agricultural Housing See Text Student Housing X X X C X X X X Accessory Dwellings P P P P X X X X Special Needs Housing Community Care (<6 clients) P P P X C C C C Convalescent Homes X C D X X X X X Emergency Shelters1 X X C X X X X C Social Services Residential X X C C C C C C Supportive Housing X X C C C C C C Low Barrier Navigation Cntr See text description Single Room Occupancy C C Source: City of San Bernardino Development Code (Title 19 of Municipal Code) – May 2021. Notes: RE = Residential Estate, RL = Residential Low, RS = Residential Suburban, RU = Residential Urban, RM = Residential Medium, RMH = Residential Medium High, RH = Residential High, RSH = Residential Student Housing, CO = Commercial Office, CG-1 = Commercial General, CG-2 = Commercial General – 2, CR-2 = Commercial Regional – 2. P = Permitted, D = Administrative or Development Permit, C = Conditional Use Permit, X = Prohibited 1. The Development Code allows emergency shelters with a conditional use permit in the RM, RMH, RH; residential uses are also allowed in these zones. The SBMC also allows shelters in the OH, IL, and IH zones as a by right use in the ES Overlay Zone. Packet Page. 1114 Housing Constraints City of San Bernardino General Plan – Housing Element 3-7 CONVENTIONAL HOUSING Conventional housing includes housing intended for occupancy as a person’s primary residence. These housing types include single-family dwellings, multi-family dwellings, manufactured housing, accessory dwellings, senior citizen/congregate care housing, and mobile home parks, among others. The City requires compliance with development standards and regulations on these housing types, but these rules are intended to produce quality housing development rather than constrain the overall availability of housing in San Bernardino. Single-Family Dwellings Single-family dwellings are permitted in seven residential zoning districts (RE, RS, RL, RU, RM, RMH, and RH). Single family dwellings are not permitted in the Residential Student Housing (RSH) zone, intended for student housing. All single-family dwellings built within the RU, RM, RMH, and RH zones shall be built in compliance with the development standards established for the RS Zone. The Development Code does not define single-family dwellings. The definition of dwelling unit is discussed in detail later within this chapter. Single-family residential dwellings may be approved in one of four ways depending on the size of the development. A stand-alone single-family unit is permitted by right with no further review. For projects involving 2 to 4 units, an Administrative Development permit is required which is a by right permitting process. For projects of 5 to 11 single-family units, a Development Permit “D” reviewed by the Development Environmental Review Committee (City staff members only) is required. For projects of 12 or more single-family units, a Development Permit “P” is required and the application is reviewed and approved by the Planning Commission. The SBMC defines manufactured housing the same as a factory-built or manufactured home. Gov’t Code § 65852.3 requires that a city shall allow the installation of manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 on a foundation system on lots zoned for conventional single-family dwellings. The SBMC allows manufactured housing in all zones where single-family homes are allowed and treats the home the same with respect to permitting process, site design, and development standards. Except with respect to architectural requirements, the manufactured home is subject only to the same standards to which a single-family dwelling on the same lot would be subject. Packet Page. 1115 Housing Constraints 3-8 January 2024 Mobile Homes Mobilehomes are allowed in all residential zones with an approved Development Permit. The SBMC defines mobile home as the same as “Manufactured Home,” but subject to the National Manufactured Housing Construction and Safety Act of 1974. The SBMC, Chapter II-19.04-J, contains development standards for individual homes. Mobile/manufactured housing may qualify as a single-family use if it complies with the 1974 National Mobile Home Construction and Safety Standards Act and is on an approved permanent foundation. The Director must find that the proposed home is compatible with surrounding development in terms of appearance, dimensions, and building materials. In terms of design, all mobile/manufactured housing must have a minimum one-foot eave, external nonreflective siding covering the entire outer face from the ground to the roof, a minimum roof pitch slope ratio of 1:4, and a minimum width of 20 feet. Additional standards are set forth in SBMC Chapter 19.20, Property Development Standards. Mobile Home Parks Under State law, a mobile home park, as defined in HSC § 18214, shall be deemed a permitted land use on all land planned and zoned for residential land use, as designated by the applicable General Plan; provided, however, that a city, county, or a city and county may require a use permit. This provision applies to a city, including a charter city, a county, or a city and county. The SBMC is compliant with Government Code § 65852.7 and permits mobile home parks in all residential zones with a Development Permit, except in the RSH zone, which is reserved for student housing. The City has 46 mobile home parks providing more than 4,000 units. Mobile home park subdivisions must maintain a front/rear setback as well as minimum distance of 10 feet from other structures. Side yards must be 5 feet deep minimum. No mobile home can exceed 75 percent of its lot. The mobile home park’s utilities must be undergrounded. Provisions for recreational amenities to be provided on-site are the same as those required for multi-family apartments. Additional standards are in Chapter 19.20 (Property Development Standards) of the SBMC. Multi-family Housing The SBMC allows multi-family housing in the RU, RM, RMH, RH, CG-2, and CR-2 zones with an approved Development Permit, but prohibits it in lower density RE, RL, and RS zoning districts. Condominiums and townhomes are permitted with a Development Permit in all residential zones, except the RSH zone, which is reserved for student housing. Similar to single-family homes, multi- family residences are approved by different entities, depending on the project size. For projects involving 2 to 4 units, an administrative development permit is required. For projects of 5 to 11 units, a Development Permit (D) reviewed by the Development Environmental Review Committee (City staff members only) is required. For projects of 12 or more units, a Development Permit “P” is required and the application is reviewed and approved by the Planning Commission. The City has numerous apartments throughout the community at a variety of scales. Packet Page. 1116 Housing Constraints City of San Bernardino General Plan – Housing Element 3-9 Mixed-Use Development The SBMC defines mixed uses as the development of a parcel(s) or structure(s) with two or more different land uses such as, but not limited to, a combination of: residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures. The SBMC permits, with an approved Administrative or Development Permit, horizontal and/or vertical mixed-use projects containing residential, commercial, and/or office uses. Eight commercial zones (CO, CG-1, CG-2, CG-3, CR-1, CR-2, CR-3, and CCS-1) allow for mixed-use developments. Similar to multi-family projects, the exact permit required depends on the number of units proposed in the mixed-use development—2 to 4 units, 5 to 11 units, and 12-plus units. The Glen at University Park at the corner of University Parkway and West Northpark Boulevard—across from the main entrance of university—features horizontal mixed-use development. Other than that, mixed-use developments have not yet taken hold in the City of San Bernardino. Senior Citizen/Congregate Care Housing Senior housing is defined as a structure(s) providing residence for a group of senior citizens (60 years of age or more) with a central or private kitchen, dining, recreational, etc. facilities with separate bedrooms and/or living quarters. This type of facility is distinctly different than residential care facilities for the elderly in that no State-licensed services are provided on-site. Senior housing is allowed by right in any zone where multi-family dwellings are found (RU, RM, RMH, and RH). The City permits senior citizen/congregate care housing in four commercial zones with a CUP. As discussed later, senior housing is permitted in the same manner as multi-family housing, is subject to more lenient development standards (parking, unit sizes, etc.), and is eligible for regulatory incentives, including density bonus. The City has a variety and number of senior projects, including 4 market rate projects, 15 affordable senior projects, and 5 age-restricted mobile home parks. Farmworker and Employee Housing The State Legislature recognizes the shortage of housing for farmworkers statewide and thus requires cities to permit and encourage the development of employee housing as is commensurate with local need. The Health and Safety Code § 17021.5 requires employee housing for six or fewer persons to be treated as a single-family residential use in residential zones. Section 17021.6 requires that employee housing consisting of no more than 36 beds in group quarters (or 12 units or less) designed for use by a household be treated as an agricultural use. No conditional use permit, zoning variance, or other zoning clearance, business tax, or other fees shall be required for employee housing that is not required of any other family dwelling or agricultural activity in the same zone. These provisions apply even if no agricultural zones apply in the City. The Housing Plan proposes a program to define employee and agricultural housing, indicate where such uses are allowed, and specify the permitting process consistent with state law. Packet Page. 1117 Housing Constraints 3-10 January 2024 Student Housing Complex San Bernardino is home to the California State University, San Bernardino; San Bernardino Valley College; and other professional and trade schools. As such, the City is home to a large population of students, faculty, and educational personnel who live in the City or commute in from surrounding communities. The SBMC makes provision for housing options for students— including on-campus dormitories, fraternities and sororities, and off-campus student housing. CSU San Bernardino is one of the largest public universities in the state, with an enrollment exceeding 25,000 students. CSUSB provides housing in four villages—Coyote Village (first-year students), Arrowhead Village, Serrano Village, and University Village—in accordance with the university master plan, which anticipates upwards of 3,000 new units at buildout. SBMC Chapter 19.04 conditionally permits student housing in RSH zones within 500 feet of the campus. The code sets minimum unit sizes, amenities, parking, and recreation facilities to ensure students have a quality residential environment. Other housing options are available for students seeking student housing in San Bernadino. For instance, the SBMC allows dormitories, fraternities, and sororities as conditionally permitted residential uses in multi-family residential zones (RM, RMH, RH) and in the CG-3 zone. There are no known fraternities or sororities offering housing at this time. So, while most students commute into San Bernardino, many other students live nearby in apartments near campus or in the surrounding neighborhoods. These private apartments are not affiliated with schools. San Bernardino Valley College was awarded a grant to explore the market and feasibility of building new housing for students. The Housing Plan provides policy and program guidance to continue working with the public and private sectors (e.g., local colleges and other appropriate institutions) to address the ongoing need for housing students attending college. The Glen Apartments, CSU San Bernardino On-Campus CSUSB Accommodations Packet Page. 1118 Housing Constraints City of San Bernardino General Plan – Housing Element 3-11 Accessory Dwelling Units (ADU) An ADU is an attached or detached unit that provides complete independent living facilities on a residential lot. It may include an efficiency unit or manufactured homes, as defined by §§ 17958.1 and 18007 of the Health and Safety Code. “Junior accessory dwelling unit” or JADU means a unit that: i) is no more than 500 square feet in size, ii) is contained entirely within a single-family structure, iii) includes its own separate sanitation facilities or shares sanitation facilities with the existing single-family structure, and iv) includes an efficiency kitchen. The City updated its ADU ordinances in 2021 and 2022, the first time since 2013. The City permits ADUs and JADUs as a by right use with only a building permit in all residential zones if they comply with City development standards. JADUs are allowed as: 1) converted on single-family lots; 2) limited detached on single-family lot; 3) converted on a multi-family lot; and 4) limited detached on a multi-family lot. If the JADU does not comply with city codes, the City may approve the project if it complies with local provisions for zoning, access, fire sprinklers, rental terms, no separate conveyance, owner occupancy provisions, deed restrictions, etc. The City does not charge impact fees for units smaller than 750 sf. but assesses fees for water and wastewater. On October 3, 2023, HCD notified the City that several provisions require revisions: » Permitting: The ordinance does not clearly state it is possible for single-family properties to allow one conversion ADU, one detached ADU, and one JADU per GC 65852.2 (e). » Multifamily: The code does not clarify whether multifamily allowances may be combined to allow at least one ADU converted from unlivable space and two detached ADUs. » Front Yard Setbacks: The ordinance enforces front yard setbacks that are in excess of what is allowed by state law under Government Code 65852.2, Subdivision (c). » Parking Requirements: The ordinance does not specify ADU parking requirements. While these provisions require revision to ensure compliance with state law, there is no evidence that these items have not constrained the production of ADUs; approximately 200 units were permitted in the first nine months of 2023 alone. Nonetheless, the Housing Program 1.5 proposes changes to ensure that the City’s ADU ordinances comply fully with state law. Accessory Dwelling Units in San Bernardino Packet Page. 1119 Housing Constraints 3-12 January 2024 HOUSING FOR PEOPLE WHO LACK SHELTER The City of San Bernardino has a growing, robust homelessness program that offers a variety of housing options that may house individuals and families lacking permanent housing. Among others, the primary facilities for unhoused population are emergency shelters, transitional housing, permanent supportive housing, and social service residential facilities. Many of the facilities include a social services component on-site to serve residences of the housing. Emergency Shelters The SBMC defines an emergency shelter as housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household can be denied emergency shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless persons unable to pay for housing. The SBMC definition of a shelter will require expansion with the passage of AB 2339, effective in 2023. Emergency shelters are a distinct category that is different than a social service facility-residential or a residential care facility for alcohol and drug recovery, single-room occupancy hotel, or other facility where residents may temporarily stay. These facilities are discussed later in this chapter. In accordance with the SBMC, homeless facilities are permitted in the City as follows provided they are in compliance with development standards in the zone and approved management plan: » Within three residential zones (RM, RMH, and RH) with a conditional use permit » As a by-right use in Emergency Shelter Overlay Zone areas—CH (Commercial Heavy), IL (Industrial Light), and OIP (Office Industrial Park)—pursuant to an Administrative Permit » For areas outside the Emergency Shelter Overlay Zone, shelters are a conditionally permitted use in the CR-2 (Commercial) and CH (Commercial Heavy) zones Effective January 1, 2023, State law was expanded to further facilitate the development of emergency shelters in cities. AB 2339 expands the definition of shelters to include other housing, including but not limited to a navigation center, bridge housing, or recuperative housing. AB 2339 also revises development standard requirements for shelters; requires that shelters be subject only to written, objective standards; and makes other statutory revisions. The Housing Plan includes a program to amend the ES Overlay in accordance with AB 2339. The City is preparing an emergency shelter ordinance that will bring the Development Code into compliance with State law no later than April 17, 2024. Until such time, City staff was directed to conduct ministerial review of any application for a shelter consistent with Gov’t Code 65583(a)(4), and 65583.2(i), notwithstanding any contrary terms in the SBMC. Such review shall also be consistent with the Stipulated Judgment between the City of San Bernardino and Promise Gracia et al. See: departmental memo issued by the City of San Bernardino on August 31, 2023. Packet Page. 1120 Housing Constraints City of San Bernardino General Plan – Housing Element 3-13 Social Service Residential Facilities The SBMC does not use the terms “transitional” or “supportive” housing and instead refers to these residential uses as “social services residential facilities” (SSRF). An SSRF is a facility operated by a nonprofit group or agency that is open to the public and provides any service or combination of services defined in this code as "social service" to people in need, in which the party being served remains on-site on an overnight basis. The City permits these facilities with a Conditional Use Permit in four residential zones (RM, RMH, RH, and RSH zones) and in six commercial zones (CO, CG-1, CG-2, CG-3, CR-2, and CR-4 zones). State law requires that transitional and permanent supportive housing be permitted as a by-right use in all residential zones. SSRFs in residential zones are required to meet permit requirements, such as indoor waiting areas; screening between outdoor areas and surrounding uses; outdoor trash receptables; and face their front façade along an arterial. SSRFs must also maintain a distance of 500 feet from: 1) a public or private state-licensed or -accredited school; 2) a public park, playground, recreational area, youth facility, nursery school, preschool, or day-care; 3) a place of public assembly; 4) a hospital or another social service facility. The Housing Plan proposes a program to amend provisions for transitional and supportive housing to ensure the City’s codes comply with state law. Low Barrier Navigation Center A “Low Barrier Navigation Center” (LBNC) is a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing by providing temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. Enacted in 2018, AB 101 requires that an LBNC be permitted by right in areas zoned for mixed uses and nonresidential zones permitting multi-family uses if it meets specified requirements. A city may not impose certain requirements, such as a conditional use permit or other discretionary review or approval on this facility. Though the City’s emergency shelters may provide services akin to those provided by a LBNC, the SBMC currently does not define or allow these facilities in any zoning district. Therefore, the Housing Plan contains a program to amend the SBMC to allow for a low barrier navigation center as a by-right use on parcels with appropriate land use designations consistent with Gov’t Code § 65662. Transitional Housing in San Bernardino Packet Page. 1121 Housing Constraints 3-14 January 2024 HOUSING FOR PEOPLE WITH A DISABILITY The City is committed to affirmatively furthering fair housing for residents of all abilities. The City provides a range of housing types suitable for people living with a disability. These facilities are described below along with recommended program changes. Residential Care Facilities State law defines community care facilities as “any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children.” Under the SBMC, residential care is defined as “a family home, group care facility, or similar facility for 24 hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Community care facility is defined as consistent with Health and Safety Code (§ 1267.8) the intermediate care facility shall include provisions for developmentally disabled habilitative – nursing or congregate living. Residential care facilities are also conditionally permitted in the CO, CG-1, CR-2, and CG-2 zones. The SBMC does not mention larger care facilities serving seven or more clients, though the City has eight such licensed facilities operating in the community. Alcohol and Drug Treatment Facilities The SBMC permits alcohol and drug treatment facilities under its SSRF classification. A facility operated by a nonprofit group or agency (public and/or private) that is open to the public that provides any service, or combination of services, defined in this code as “social service” to people in need, in which the party being served remains on-site on an overnight basis. This classification is distinguished from emergency shelters providing 24-hour or overnight care and places of public assembly where any social service or activity is deemed ancillary (e.g., does not occupy more than 25 percent of the gross floor area) to the primary use or function; and any other similar use. Social services include a number of uses, including drug and alcohol recovery facilities (outpatient or residential). Social service facilities are required to provide a management plan of operation. It is unclear whether the definition of alcohol and drug treatment facilities falls under the residential care or community care facility definition in the municipal code. Licensed alcohol and drug treatment facilities serving six or fewer individuals are required to be allowed as a by-right use and treated like any other residential use in the same zone. However, state law is silent on larger facilities serving seven or more residents. Furthermore, for small facilities, no specific distance standard between facilities can be required. As part of the update of the Development Code, the Housing Plan includes a program to review the City’s current regulatory framework governing drug and alcohol recovery facilities and, if necessary, make modifications and amendments to ensure compliance with State and federal fair housing law. Packet Page. 1122 Housing Constraints City of San Bernardino General Plan – Housing Element 3-15 Convalescent Homes/Adult Residential Facilities The SBMC defines convalescent homes as “a place of residence for people who require constant nursing care and have significant deficiencies with activities of daily living.” Residents may include the elderly and younger adults with physical or mental disabilities. Residents may also receive physical, occupational, and other rehabilitative therapies following an accident or illness. This land use is allowed conditionally in the RU zone and by right in the RM, RMH, and RH zones. The City has permitted more than 40 adult residential facilities for adults ages 18 through 59 with mental health, physical, or developmental disabilities and require care and supervision. However, the SBMC does not use the term adult residential facility and this facility type of facility appears to overlap with other types of housing. The Housing Plan proposes a program to review the above definitions and permitting processes and make amendments for consistency with the Community Care Facilities Act. Single-Room Occupancy An SRO is defined as a cluster of 7 or more units within a newly constructed residential hotel of weekly or longer tenancy providing sleeping or living facilities for 1 or 2 persons per unit, in which sanitary facilities may be provided within the units, and cooking facilities may be shared. The SBMC conditionally permits SROs in the CG-2 and CR-2 zones. SROs shall not be located within 250 feet of a school for children, adult bookstore or theater, or liquor store. SROs shall be within ¼ mile of a bus stop. Parking is one space per full-time SRO employee at maximum shift and 1 per 10 occupants. Standard unit amenities (size, beds, sanitation, kitchen, HVAC, etc.) are required to ensure a livable environment. Despite these incentives, there has been a limited market for SROs. The City is developing permanent supportive housing (e.g., All Star Motel) and micro-sized units that function like SROs. The City is working with a developer on a surplus site for a modified SRO concept - micro-sized apartments – 250 to 400 square feet for seniors and disabled residents. Unlike SRO units, micro-units are fully self-contained and have on site supportive services available. While the not a traditional “SRO,” micro-units allow residents to live integrated into residential neighborhoods. Program 2.7 commits the City to interview SRO/micro-unit developers and propose revisions for consideration to the City Council to incentivize both housing types. Assisted Living Facility in San Bernardino Packet Page. 1123 Housing Constraints 3-16 January 2024 3.1.3 Residential Development Standards The Development Code provides specific direction for the development of land identified in the Land Use Element and on the Zoning Map. The Development Code regulates development by establishing standards for each zone, including permitted uses, height, density, lot area, yard setbacks, and lot coverage among other items. It is an important component of ensuring that housing development occurs where and how the City intends in its long-range vision, and that it does not adversely impact public health, safety, and welfare. Table 3-5 includes the City’s residential development standards from Title 19 of the San Bernardino Municipal Code. The City is organized into 11 zones, listed below. Additional specific plans have been adopted under a zoning category of “SP,” each with tailored variations in residential development standards that are designed to achieve the vision, goals, and objectives of each specific plan. Overlays are also applied (e.g., emergency shelter overlay) where appropriate to provide additional guidance on the types of allowed land uses. RE Residential Estate RL Residential Low RS Residential Suburban RU Residential Urban RM Residential Medium RMH Residential Medium High RH Residential High RSH Residential Student Housing CO Commercial Office CG-2 Commercial General 2 CR-2 Commercial Regional, Downtown Packet Page. 1124 Housing Constraints City of San Bernardino General Plan –Housing Element 3-17 Table 3-5 Residential Development Standards Standard Zoning District RE RL RS RU RM RMH RH RSH CO CG-2 CR-2 Lot Area Max. Units/Net Acre 1 3.5 4.5 8 12 Sr. 12 18 Sr. 24 36 Sr. 31 47 Sr. 20 47 Sr. 12W/21E 18W/31E Sr. 47 130 Sr. Min. Lot Area (sf.) - new subdivisions 1 ac. 9,720 7,200 7,2002 14,4003 20,0004 20,0004 5 ac. 1 ac. 1 ac. 1 ac Lot Width (feet) Corner Lot Width 150 150 80 88 60 66 60 66 60 66 60 66 60 66 150 150 60 66 60 66 60 66 Lot Depth (feet) 100 100 100 100 100 100 100 150 100 100 100 Front Setback (feet) 35 259 20 259 20 259 20 259 20 209 15 209 15 40 15 10 0 Rear Setback (feet)5 20 20 av. 15 i 20 av. 15 min 10 10 10 10 20 10 10 0 Side Setback Min feet 5 5 5 5 1-story: 5' plus 1' for each 15' of wall length 2-story: 10' plus 1' for each 15 feet of wall length 0 DU Separation (minimum feet)5 15 15 15 15 Side Setback streetside (feet) 15 15 15 15 15 15 15 30 10 10 0 Building Lot Coverage (Max %) 35 35 35 40 50 50 50 50 50 50 100 Packet Page. 1125 Housing Constraints 3-18 January 2024 Table 3-5 Residential Development Standards Standard Zoning District RE RL RS RU RM RMH RH RSH CO CG-2 CR-2 Distance Bet. Buildings (feet) 10 10 10 20 20 20 20 25 20 20 20 Private Outdoor Living Space (sf) NA NA NA 300 sq. ft. or 25% of dwelling unit floor area, whichever is less 300 sq. ft. or 25% of unit size whichever is less Common Usable Outdoor Living Space (sq. ft.) NA NA NA 30% of net site area 35% living area 30% of net site area Max Bldg Height Stories & feet 3 (45) 2.5 (35) 2.5 (35) 2.5 (35) 36 (42) 36 (42) 46 (56) 4 (56) 4 (56) 2 (30) (100)7 Maximum Average Number of Units 68 68 68 8 12 12 12 30 12 12 NA Source: City of San Bernardino Development Code (Title 19 of Municipal Code) – May 2021. "Av" = average' "Sr." = Senior; "W" = West of I-215; "E" = East of I-215; "min." = minimum; "MU" = Mixed Use; "R" = residential; "Sq. Ft." = square feet. Notes: 1. Per Ord. MC-1132, 12/20/02 2. For lots of record prior to June 2, 1989, the minimum lot area is 6,200 s.f. and existing lot widths and depths are permitted. 3. The min. lot size may be less than 14,400 s.f. for parcels existing prior to November 1, 2012. Ord. MC-1381, 12-19-12 4. The min. lot size may be less than 20,000 s.f. for parcels existing prior to November 1, 2012. Ord. MC-1381, 12-19-12 5. See Section 19.04.030(2)(A) for accessory structure setback requirements. 6. Except within 75 feet of the Residential Suburban (RS) zone where the height shall be limited to 2.5 stores or 35 feet. 7. See Section 19.06.030(2)(E) for allowable 50 foot additional bonus height. 8. Attached dwelling units are only permitted in the Hillside Management Overlay District. 9A. A 5-foot reduction in the minimum front yard setback is allowable for lots when yard averaging is used in conjunction with new subdivisions. 10A. A minimum of 5% of the outdoor living space must be private (balcony or patio), and a minimum of 25% must be common usable space (not including parking lot landscaping, or landscaped setback areas). The balance (5%) may be either common or private usable open space. Chapter 19.04, §19.04.030 (2)(U)(3). Packet Page. 1126 Housing Constraints City of San Bernardino General Plan – Housing Element 3-19 Analysis of Residential Development Standards The SBMC establishes residential development standards to ensure that new housing is of quality design, adds value to the community, and provides quality places to live. Key standards that affect the construction of housing relate to density, building and structure height, unit sizes, lot coverage, open space, and related standards that affect the number or affordability of units. The following is a general assessment of the individual and cumulative impact of these standards. Density Standards The SBMC establishes graduated (tiered) density standards in multi-family residential zones that depend on the size of the parcel. Larger parcels can receive higher maximum densities of the underlying zone, while smaller parcels receive lower maximum densities. Staff considers this provision as a constraint to achieving maximum allowable density, and the tiered density provision will be deleted as part of the development code update (See Program 2.4). As The following compares the current tiered density provision versus the density provision proposed. Residential Zone Tiered Lot Size (Square feet)) Max Density Allowed Proposed Revision to Tiered Density RM 14,400+ 12 12 < 14,400 8 12 RMH 20,000+ 24 24 14,400-20,000 12 24 < 14,400 8 24 RH 20,000+ 31 31 14,400-20,000 24 31 < 14,400 8 31 Building Height and Stories The SBMC allows progressively higher stories in residential projects, including 2.5 or 3.0 stories with a maximum height of 35 to 45 feet in the single-family residential zones, 3.0 stories in the RM and RMH zones with a maximum height of 42 feet, and 4.0 stories with a maximum height of 56 feet in the higher density RH and CO zones. In assessing these standards as a potential constraint, HCD has indicated that 12 to 15 feet is normally required to accommodate each “story” in residential development. Compared to this standard, each zoning district allows maximum building heights that would accommodate the requisite 12 to 15 feet per story. The only exception is that within 75 feet (one parcel) of the RS zone, the height limit is restricted to 35 feet. Packet Page. 1127 Housing Constraints 3-20 January 2024 Housing Unit Size The SBMC requires minimum sizes for units to improve the livability of the home, reduce the need for on- and off-site storage, and provide homes suitable for individuals, families, and children. The SBMC requires minimum sizes for multi-family/apartments and single-family homes as follows. These standards are required to ensure that housing units provide sufficient space to accommodate residents and help to alleviate potential overcrowding. Minimum Unit Sizes for Residential Units Single-Family Homes Minimum Unit Size Multiple-Family Homes Minimum Unit Size RE Zone 1,700 sqft. Bachelor/Studio 500 sqft. RL Zone 1,200 sqft. 1 Bdrm 600 sqft. RS Zone 1,200 sqft. 2 Bdrm 800 sqft. RU Zone 1,000 sqft. 3 Bdrm 1,000 sqft. Infill SFR 1,000 sqft. 3+ Bdrm 1,200 sqft. Multi-family Residential Amenities All multi-family residential developments are required to provide a standard set of amenities that offer opportunities for resident to enjoy a quality living environment regardless of the affordability of the property. Specifically, projects shall provide recreational amenities within the site that may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter / barbecue area; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The type of amenities shall be approved by the Director and provided according to the following schedule: 0 to 11 units require no amenities; 12 to 50 units require 1 amenity; 51 to 100 units require 2 amenities, and each 100 units requires another amenity. Multiple-family apartment amenities are often viewed as an undue cost of development. The amenities now required, though, are typical for standard apartment properties these days. Furthermore, residents regardless of income, should also have equal access to such amenities. Looking at the many apartment projects being proposed, residential amenities have not served to constrain the production of projects, including those offering even a higher level of amenities. In fact, the City recently approved a 25 percent density bonus for a luxury apartment that offered additional amenities. However, should these amenities be too costly, affordable projects that offer density bonus units can receive regulatory concessions in the type and number of amenities. Packet Page. 1128 Housing Constraints City of San Bernardino General Plan – Housing Element 3-21 Lot Size/Building Coverage Minimum lot areas for residential land uses are graduated, with standard 7,200-square-foot lots for single-family residential zones progressing to up to 20,000 square feet for multi-family zones. These lot sizes do not constrain development and are actually in line with the 0.5-acre threshold used by HCD for feasible vacant multiple-family sites. It should be noted, however, that existing legally created lots that do not meet minimum size are not precluded from developing housing, only that the density allowed would be lower than newly created lots that meet lot size standards. The building lot coverage standard is graduated based on the density of the proposed project. Maximum building lot coverage is set at three levels: » 35 percent in single-family residential zones » 40 to 50 percent in medium density residential zones, and » 50 percent in high density residential zones The setback requirement varies from 10 to 25 feet for the side, front yard, and rear depending on the zoning district and housing product envisioned. These requirements can limit the achievable density for multi-family residential zones when combined with the usable open space standards. Usable Open Space While the City does not regulate the amount of usable open space for single-family lots (it is determined by the yard size) the SBMC requires that all multi-family projects with 12 or more units provide 30 percent useable open space for passive and active recreational uses. Furthermore, the SBMC states that usable open space areas shall not include: rights-of-way, vehicle parking areas, areas adjacent to or between any structures less than 15 feet apart, setbacks, patio or private yards, or steep slopes. City planning staff consider the definition of what constitutes and what cannot be included in the open space calculation can limit the achievement of maximum densities available. Therefore, the City will modify this provision as part of the development code update. In summary, City staff consider several provisions to constrain achievement of maximum density of residential projects. These include open space and lot size requirements, particularly in conjunction with the tiered density based on lot size. Therefore, as part of the Development Code update, the Housing Plan Program 2-4 commits to review and make needed amendments to individual standards so they do not individually or cumulatively preclude the achievement of maximum densities of residential development otherwise allowed for by the underlying zones. Packet Page. 1129 Housing Constraints 3-22 January 2024 Parking Standards Providing adequate parking for residences ensure the livability, quality, and safety of housing. SBMC 19.24.010 was enacted with the express purposes to: 1) provide accessible, attractive, safe, and screened parking facilities; 2) reduce traffic congestion; 3) protect neighborhoods from traffic noise and nonresidential land use districts; 4) ensure maneuverability of emergency vehicles; and 5) provide appropriate and proportional parking for each land use. Table 3-6 displays the City’s off-street parking requirements for residential land uses in San Bernardino. Table 3-6 Parking Standards for Residential Uses Housing Type Parking Standard Guest Parking Conventional Housing Single-Family 2 covered garage spaces per unit None Planned Residential 2 covered garage spaces per unit 1 space/ 5 du Mobile Home Parks 2 covered garage spaces per unit 1 space/unit Multi-family -Studio 1 space per unit; no guest parking None required Multi-family – 1 bdrm 1.5 covered space per unit One covered space for each five units Multi-family – 2 bdrm 2.0 covered space per unit Multi-family – 3 bdrm 2.5 covered space per unit Senior Apartments 1 covered space per unit Same as above Special Needs Housing Senior Congregate 0.75 space per unit None Emergency Shelters 1 space/1,000 sf of GFA or FTE on largest shift None Transitional Housing Unspecified Unspecified Supportive Housing Unspecified Unspecified Residential Care Unspecified Unspecified Navigation Center Unspecified Unspecified Accessory Dwellings Unspecified Unspecified Source: City of San Bernardino Municipal Code Section 19.24.040 Asterisk denotes guest parking of 1 uncovered space for each 5 units The City’s parking standards are below the threshold of two spaces per unit, are graduated based on the number of bedrooms, and do not require covered spaces for all units and types of housing. There is no evidence/complaints from developers that a covered space constrains development. Therefore, in aggregate, the parking standards do not appear to exceed the threshold where parking is seen as a constraint to the production of housing. Unique to San Bernadino, to ensure that parking is not a constraint, reductions are also allowed in three situations. Packet Page. 1130 Housing Constraints City of San Bernardino General Plan – Housing Element 3-23 Parking Reductions for Special Use and Affordable Housing The SBMC offers parking reductions for senior apartments (1.0 space per unit) and senior congregate care (0.75 space per unit), based on the rationale that senior residents have a lower vehicle ownership rate than non-seniors. The City also implements density bonus law that allows qualifying developers, as a matter of right, to obtain lower parking space requirements for affordable housing or senior housing than what would otherwise be required by local government standards. AB 2345 lowers the standard for parking reductions to 1.5 spaces for two- and three- bedroom homes for projects providing a certain percentage of affordable housing units. It should be noted, however, that the Housing Plan includes a program to specify parking requirements for special needs housing (e.g., emergency shelter, transitional and supportive housing, navigation centers, and residential care facilities) in accordance with State law. Parking Reductions for Transit Oriented District Currently the SBMC requires only one parking space for residential units in the RL, RU, RM, RMH, and RH zones within the TOD—regardless of the number of bedrooms. This is approximately one- half the standard required of standard projects in single- and multi-family residential zones. AB 2345 further reduces the parking requirements for projects near accessible major transit stops. Local governments may no longer impose any parking requirements for (1) 100 percent affordable housing projects located within ½ mile from an accessible major transit stop and (2) 100 percent affordable senior housing projects that either offer paratransit service or are located within ½ mile from an accessible major transit stop. Parking requirements for projects with at least 11 percent very low income or at least 20 percent lower income units that are located within ½ mile from an accessible major transit stop, are reduced from ½ space per bedroom to ½ space per unit. The City will need to review its TOD Overlay to note exceptions per state law. Parking Reductions for Minor Exceptions In some cases, parking space reductions may be warranted for residential development even though it does not meet the definition or qualifications of a special need project, density bonus project, or transit oriented development. The City may administratively grant a minor exception of up to 10 percent reduction of on-site parking. Any minor exception request that exceeds the prescribed limitations would be required to file a variance application. Minor exceptions may be approved by the Director only if no other entitlements are required. If other approvals are necessary, the minor exception shall be filed concurrently. The Director may also grant a minor adjustment to an approved permit up to a maximum of 10 percent governing on-site parking. In summary, parking space requirements are not believed to constrain the development of housing due to the many reductions allowed. However, the Housing Plan does include actions to review its existing parking standards and make changes needed for consistency with State law. Packet Page. 1131 Housing Constraints 3-24 January 2024 Realistic Development Capacity The City analyzed built and approved residential projects to determine the typical density levels achieved and the density needed to facilitate the production of housing affordable to lower income households in accordance with default densities used in Housing Element law. Table 3-7 lists recent projects in San Bernardino from the major residential zones (e.g., RL, RM, RMH, RH). Also included are affordable housing projects built and/or approved for construction in the City. Table 3-7 Suitability of Residential Zones to Accommodate the RHNA Housing Project Housing Type Year Built Zoning Density Project Units Acres Project Density Pct Max Density Affordable Level Magnolia at Highland Affordable Family Apts 2011 CO (RH) 31 du/ac 80 2.32 34 72% Lower Income Crestview Terrace Affordable Senior Apts 2021 RMH 24 du/ac 184 7.90 23 97% Lower Income Ferndale & 39th Ave Market Rate Apt 2021a RMH 24 du/ac 20 1.02 20 82% Moderate Income Amber Cove Market Rate- Apt 2021 RMH 24 du/ac 84 2.83 25 103% (nodb) 124% (w/db) Moderate Income Valencia Vista Affordable Family Apts 2016 RM 12 du/ac 76 4.65 16 100% (no db) 136% w/db Lower Income Verdemont Drive Market Rate SFR 2019a RL 3.1 du/ac 168 67 2.4 78% Above Moderate TTM 16794 Market Rate SFRs 2019a RL 3.1 du/ac 44 18.35 2.4 77% Above Moderate Belmont/ Mirna Market Rate – SFRs 2020a RL 3.1 du/ac 16 5.07 3.1 100% Above Moderate DP-D20-08 Condos 2020a RM 12 du/ac 8 0.76 10 87% Moderate Income DP-P14-08 Condos 2020a RM 12 du/ac 40 5.14 8 65% Moderate Income DP-P18-03 Condos 2020a RM 12 du/ac 12 1.10 11 91% Moderate Income Source: City of San Bernardino, 2022 Packet Page. 1132 Housing Constraints City of San Bernardino General Plan – Housing Element 3-25 Default Density Pursuant to Government Code § 65583.2(c)(3), the Housing Element must demonstrate the adequacy of various density standards to accommodate a city’s regional need for all income levels. To meet this statutory requirement, the Housing Element should provide an analysis demonstrating how adopted densities accommodate the RHNA for all income levels. Section 65583.2(c)(3)(B) allows cities in San Bernardino County to assume a “default” density of 30 du/ac is needed to accommodate housing for lower income households or provide substantial evidence that another density threshold is appropriate. For projects developed at this default density, the zoning and development standards are assumed to not be a constraint to the development of housing affordable to lower income households. According to the data, affordable apartment projects are developed at a range of 23 to 38 du/ac and an estimated average of 27 du/ac. Additionally, the projects are usually developed at or above the maximum density permitted within the respective zones. As is the case with affordable projects, these projects received a density bonus and were supported by a variety of funds, such as HOME Partnership funds, low income housing tax credits, or other local support. While 30 du/ac is the default density in San Bernardino, it is important to note that achieving that density is not a prerequisite for affordable housing. The same observation can be seen in surrounding cities where land costs are generally lower than more urban portions of the metropolitan region. Realistic Development Capacity To assess the impact of residential development standards on capacity, market rate projects (e.g., single family and smaller multi-family projects) were sampled from the RL, RM, and RMH zones. According to the data, market rate projects are developed at a range of 3.1 to 25 dwelling units per acre. Of note, the average density of projects is about 85 percent in the RL zone and hovers around 95 percent in the RM, RMH, and RH zones. While there are exceptions in certain areas, such as the hillsides or unincorporated islands where infrastructure is lacking and requires land dedications for expansion of streets, these data demonstrate that residential projects are often developed near the higher range of the maximum density allowed on the zone. Chapter 4, Housing Resources, will provide estimates of development capacity on vacant and underutilized land that will be used for credits toward meeting the 2021-2029 RHNA for the City of San Bernardino. As required by HCD’s land inventory guidebook, the realistic density will be used to calculate development capacity. Where applicable, sites where infrastructure is lacking (e.g., undersized roads or lack of sidewalks) and that will require land dedications to remedy deficiencies (e.g., adding lanes, sidewalks, or utilities) will be noted to the extent applicable in that analysis. Otherwise, the land inventory and site capacity analysis will rely on the findings above to demonstrate the amount of development that can be reasonably expected on sites. Packet Page. 1133 Housing Constraints 3-26 January 2024 Regulatory Incentives Regulatory incentives and concessions can serve as important tools that materially improve the feasibility of building housing in San Bernardino. To facilitate the development of housing, the City offers several forms of regulatory incentives—including but not limited to: density bonuses, minor exceptions, and modifications. Many of these incentives are routinely employed by the City. Density Bonus Density bonuses are a common way of incentivizing the development and production of housing by allowing projects to include more units than would otherwise be allowed under the General Plan or zoning if the project meets specific local or statewide goals. The Development Code, Section 19.04.030, allows the City to grant a density bonus under three provisions: » Affordability Bonus. Proposed developments that provide affordable housing may receive a density bonus when a development is proposed that meets the requirement of state density bonus law (Cal. Govt. § 65915 et. seq.) and receive regulatory concessions and incentives as part of that application. The City’s ordinance is currently out of date and has not been revised in many years (see discussion that follows). In 2014, the City granted a 35% density bonus for the 76-unit Valencia Vista along with regulatory concessions. » Amenity Bonus: Projects that provide amenities beyond the minimum required by the City may receive a density bonus of up to 15 percent. This bonus applies to projects in the RU, RM, RMH, RH, CO-1, CO-2, CG-2, and CR-2 zones. Qualifying amenities include architectural features promoting luxury projects, additional landscaping or open space, attached garages, additional recreational facilities, and/or day care facilities. In 2018, the City approved a 25% density bonus for the 84-unit Weir Road project (MC-1505). » Senior Citizen Bonus. The City has a significant senior population and therefore allows senior citizen housing and senior congregate care housing that are built in multi-family zoning districts to receive a density bonus of up to 50 percent greater than that allowed in the zone, with a market feasibility study and a conversion plan. Such residential uses can also receive a density bonus of 50 percent if located in selected commercial zones pursuant to an approved conditional use permit. It should be noted that many affordable housing developers in San Bernardino have not requested density bonuses as affordability goals and funding applications were approved without them. However, it is recognized that the City’s density ordinance has not kept pace with new state law. State density bonus law continues to be expanded to include other qualifying conditions, including units for income-qualified college students, transitional foster youth, disabled veterans, homeless persons, or even moderate income condominiums or age restricted mobile home parks. Packet Page. 1134 Housing Constraints City of San Bernardino General Plan – Housing Element 3-27 As part of HCD’s October 2, 2023 letter regarding the City’s draft Housing Element, HCD requested a discussion of provisions of the City’s density bonus ordinance that constitute a constraint. Table 3-8 provides that assessment and identifies key provisions that require amendment. Per the Stipulated Final Judgement and Order submitted in Gracia et. al v. City of San Bernardino, the City’s Attorneys will update the density bonus ordinance as required by statute and stipulation agreement. In the meantime, the City has issued an interdepartmental memo directing staff to process and approve any application for a density bonus consistent with Gov’t Code 65915-65918. Table 3-8 Density Bonus Ordinance Assessment City Density Bonus Law Provisions Provisions Requiring Amendment Project Eligibility a. Ten percent of the total units of a housing project for very low income households, as defined in HSC 50105 b. Twenty percent of the total units of a housing project for lower income residents, as defined in HSC 50079.5 c. Fifty percent of the total units of a housing project for qualifying residents, defined in CC 51.2 Too restrictive in terms of project criteria. Eligibility for a density bonus must be expanded as follows: + greater variety of income levels (can include very low, low, lower, moderate, etc.) + lower setaside requirement for affordable units (as low as 5 percent setaside) + variety of occupants (seniors, college students, homeless people, foster youth, etc. Definition of a Density Bonus "Density bonus" means a density increase of 25% over the otherwise maximum allowable residential density allowed under the Development Code and General Plan Density bonus should be granted at a sliding scale based upon the percentage of affordable units. Density bonuses in excess of 25 should be allowed for qualified projects. Approval Process City ordinance allows density bonus by right but requires that a request for density bonus and regulatory concessions and/or incentives shall require an approved Conditional Use Permit State requires the granting of density bonus and concessions and/or incentives by right. Incentives and Types The City shall provide, in addition to a density bonus, at least 1 of the following regulatory concessions and/or incentives + Reduction/modification of standards + Approval of mixed use development + Other regulatory incentives of concessions that result in identifiable cost reductions Incentives are generally consistent with state law but could be specified more clearly to avoid confusion and to facilitate use. Incentives should also be available per state law for different types of housing, such as a mobilehomes, student housing, etc. Source: City of San Bernardino Municipal Code, 2023 Packet Page. 1135 Housing Constraints 3-28 January 2024 Exceptions and Modifications The SBMC provides several means for seeking relief from development regulations and standards. These code provisions include the Minor Modification (SBMC Chapter 19.60) and Minor Exception (SBMC Chapter 19.58) processes. As described below, these tools allow for considerable flexibility in the majority of development standards. Minor Modification The procedure provides a method whereby minor changes of 10 percent or less may be made to existing, previously approved land use entitlements without any additional impact. The Director may grant a minor adjustment to an approved permit up to a maximum of 10 percent governing only the following measurable design/site considerations, which in no case would result in a reduction from any minimum standard outlined in the SBMC. » On-site circulation and parking, loading, and landscaping. » Placement and/or height of walls, fences, and structures. » Reconfiguration of architectural features—colors and/or modification of finished materials that do not alter or compromise previously approved themes. » Modification of not more than 10 percent in density or intensity of a project. Minor Exception Minor exceptions are granted when, because of special circumstances applicable to the property, the strict application of the SBMC deprives such property of privileges enjoyed by other properties in the vicinity and under identical zones. Unlike a modification, the approval of the exception requires a public hearing and findings. The Development Director may grant up to a maximum of 10 percent modification governing the following measurable design/site considerations: » Distance between structures » Lot dimensions sand setbacks » On-site parking, loading, and landscaping » Structure heights Overall, the process for seeking a minor modification or exception is straightforward, and the base fees are low ($105 for a minor exception; $380 for a minor modification plus the cost of noticing and publishing). The minor modification process is more administrative in nature, and the minor exception requires a public hearing and findings. Nonetheless, these tools are cost-effective and frequently used methods for builders to seek appropriate regulatory relief and flexibility needed to address development standards that could constrain development of housing. Packet Page. 1136 Housing Constraints City of San Bernardino General Plan – Housing Element 3-29 3.1.4 Building Codes and Enforcement Building codes and enforcement activities protect the public's health, safety, and property. Although building codes require a higher level of construction and maintenance quality that can increase the development costs, their benefits to the public outweigh any cost savings that could occur through unsound engineering, construction, or inadequate maintenance. The following describe the key building codes followed by programs to enforce existing codes. Building Codes The “California Building Standards Code” establishes minimum “building standards” that control all aspects of the erection of buildings throughout California. These “Title 24 codes” are reissued triennially by the California Building Standards Commission upon input of guidance received from volunteer Advisory Committees and multiple other state agencies, including the Division of the State Architect, the Department of Housing and Community Development, and the Office of the State Fire Marshal as well as professional organizations. Local governments are required to either adopt these codes or adopt them with local amendments authorized by state law. The City of San Bernardino last adopted codes pursuant to MC-1525 in December 2019. The Building and Safety Division reviews construction plans for compliance with the applicable codes, oversees construction work as it progresses, and performs final inspections for approval and issuance of a Certification of Occupancy. It should be noted that the City now enforces fire hazard regulations required by the County Fire Department as opposed to the City in prior years. Table 3-9 lists all the primary codes enforced by the City of San Bernardino. Table 3-9 Adopted Building and Property Maintenance Codes California Building Codes Other Building Codes 2019 California Green Building Code 2019 California Administrative Code 2019 California Building Code 2018 International Residential Code 2019 California Electrical Code 2018 Property Maintenance Code 2019 California Mechanical Code 1997 Abatement of Dangerous Buildings Code 2019 California Plumbing Code California Mobile Home Park Act 2019 California Energy Code 2019 California Fire Code 2019 California Historical Building Code 2018 International Property Maintenance Code 2018 International Existing Building Code 2019 California Fire Code Title 24 Part 9* Source: City of San Bernardino Municipal Code Section 19.24.040. *Amendments to the Fire Code are adopted by the County Fire District and include State Fire Marshall requested amendments. Packet Page. 1137 Housing Constraints 3-30 January 2024 State law allows cities to make local amendments to the building codes when findings can be made that the proposed code changes are necessary to address locally unique topographical and climatic conditions, so long as the local amendments are no less restrictive than the State code and are reasonably necessary because of the climatic, geologic, and topographical conditions. The SBMC outlines the amendments made, which are primarily related to the following: » Liquefaction reports for various occupancies » Building framing and roofing requirements in very high fire severity zones » Floodplain requirements pursuant to the City’s floodplain overlay » Seismic requirements for properties in the Alquist-Priolo Zone » New fire hazard measures required by the County Fire Department » Administrative procedures The above codes are directly related to safety hazards in the City of San Bernardino. It should be noted that the same code requirements and, in some cases, additional measures have been adopted by other cities bordering the San Bernardino National Forest or that have similar hazards of flooding, wildfire, geologic, or topographical concerns. The City of San Bernardino’s Building and Safety Division believes these codes are prudent and justified given the hazards in the community and their mission to safeguard public health. Lessons from across the State of California attest to the long-term value of local code amendments. Nonetheless, excessive building codes have often been cited for unnecessarily increasing the cost of development and impacting affordability. However, the ICC has long held that stricter resiliency requirements do not automatically mean homes will become less affordable. Indeed, a growing body of independent research has reached the same conclusion. While code amendments did increase construction costs, they did not adversely affect the real estate market. Studies also found that “modern building codes that include provisions for protection against earthquakes, flooding, wildfires and other natural disasters have no appreciable implications for housing affordability.”1 With respect to optimizing predictability for developers, the City has been adding significant new staff (e.g., including plans examiners, building inspectors, and technicians) over the past several years as the City’s financial status has gradually improved. These staff are intended to expedite the review and processing of requests for building permits and inspections. As discussed later, the City is designing a one-stop permit shop to further improve service delivery and predictability. 1 Paul Lagasse, Building Safety Journal, March 14, 2022. Accessed online at https://www.iccsafe.org/building-safety-journal/bsj-technical/the-financial-value-of-building-more-resiliency-into-residential-building-codes/ Packet Page. 1138 Housing Constraints City of San Bernardino General Plan – Housing Element 3-31 Energy Conservation Requirements The San Bernardino Council of Governments’ San Bernardino County Regional Greenhouse Gas Reduction Plan, adopted in March 2021, contains implementation measures to reduce the greenhouse gas (GHG) emissions produced in San Bernardino by 2030, including sources from buildings. The plan pairs reduction targets with existing policies in the currently adopted General Plan that will help the City achieve the targets reductions. Among the local measures, the plan identifies six measures that pertain to housing. Table 3-10 displays the plan’s implementation measures that pertain to housing development and associated reduction targets by 2030 in metric tons of carbon-dioxide equivalent (MTCO2e). » Measure Energy-1 includes provisions to enroll developers in the Community Energy Efficiency Program and provides incentives for maintaining energy savings above 30 percent of the EnergyStar or California Energy Efficiency and Demand Reduction Programs. Measure Energy-1 includes provisions to retrofit buildings with energy efficient fixtures and provides technical assistance and loans to incentivize energy-efficiency. . » Measure Energy-2 supports the installation of energy-efficient lighting appliances for all buildings, including housing. Measure Energy-3 supports energy retrofits of existing buildings, including housing. » Measures Energy-7, -9, and -10 support passive and active cooling, heating, and lighting for residential buildings, including the orientation of buildings to increase passive wind cooling, day-lighting design, natural ventilation, space planning, thermal massing, and locating landscaping to shade buildings. Table 3-10 GHG Emissions Reduction Measures and Targets for 2030 Local Measures Measure Description Reductions in MTCO2e Building Energy Energy-1 Building Energy Efficiency 6,853 Energy-2 Lighting Efficiency 121 Energy-3 All Electric Buildings 78,875 Energy-7 Solar Installation for Existing Housing 3,722 Energy-9 Rooftop Gardens 1 Energy-10 Urban Tree Planting for Energy Savings 147 Source: San Bernardino County Regional Greenhouse Gas Reduction Plan, March 2021. Packet Page. 1139 Housing Constraints 3-32 January 2024 The Plan’s measures are preferential rather than mandatory and should not be seen as a constraint on the development of new housing in the City. San Bernardino’s electricity is provided by Southern California Edison (SoCal Edison) and gas is supplied by Southern California Gas (SoCalGas). SoCal Edison provides opportunities for customers to enroll in energy efficiency programs including: » Energy Savings Assistance. Qualifying households may receive energy-efficient appliances at little to no cost if they meet the eligibility criteria, which include being either a recipient of certain public benefits or if they fall into certain income categories. (SoCalGas also administers this program for its natural gas customers.) » Smart Energy Program. During an energy shortage, SoCal Edison interfaces with the SMART thermostats of participating households to adjust the temperature by a maximum of four degrees to reduce energy usage of forced air cooling systems. Participating households may be eligible to receive up to a $115 credit. » GoGreen Home. Homeowners or property managers of single-family homes, townhomes, condos, manufactured homes, multi-family units of up to four units, and certain rental households, may qualify to receive financial assistance to renovate their properties to incorporate energy efficient appliances, design elements, and systems. The City also partners with a community-based organization, Neighborhood Partnership Housing Services, Inc., to connect homeowners with the Owner Occupied Housing Rehabilitation Program. This program provides access to deferred loans with 0 percent simple interest per annum to qualifying homeowners so that they can undertake home improvement projects, including home weatherization, hardening, and energy efficiency upgrades. The City enforces the State Energy Conservation Standards (Title 24, California Administrative Code). These standards are incorporated into the City's Building Code. These energy saving requirements apply to all new residential and commercial construction as well as remodeling and rehabilitation construction where square footage is added. Compliance with Title 24 of the California Administrative Code on the use of energy-efficient appliances and insulation has reduced energy demand stemming from new residential development. While the construction of energy-efficient buildings does not lower the purchase price of housing, energy conservation features should result in reduced monthly occupancy costs as consumption of fuel and energy declines over time. Similarly, retrofitting structures with energy-conserving features can lower utility costs. Examples of energy conservation opportunities include weatherization programs, installation of more efficient appliances, solar energy systems, and building design and orientation for passive solar heating and cooling. Packet Page. 1140 Housing Constraints City of San Bernardino General Plan – Housing Element 3-33 Code Enforcement The City's Code Enforcement program is designed to enhance public safety and the quality of life in alliance with communities through objective enforcement of laws and codes. Code enforcement staff inspect existing structures and properties and respond to public complaints regarding the condition, safety, and habitability of housing and property, the condition and use of the City’s street and other public infrastructure, and many other conditions. Many City departments and outside agencies participate in enforcing city regulation and codes. Under its regulatory authority in the San Bernardino Municipal Code, the City endeavors to ensure that local standards are met that will ensure the health, safety, and public welfare of residents, visitors, and businesses in the city. City code enforcement staff are responsible for obtaining compliance with the following codes, such as public nuisances (Chapter 8.30), abandoned vehicles (Chapter 8.36), building codes (Chapter 15.04), and property maintenance (Chapter 15.05), etc. The City’s program is citywide and primarily reactive, driven by complaints received. Code Enforcement cases generally fall into three categories: • Priority 1, situations where there is an imminent threat to public health and safety; (unsafe structures or buildings or nuisance cases which have significant health and safety risks. • Priority II, Serious violations such as non-permitted electrical, mechanical and plumbing work, illegal conversions, substandard housing, overgrown weeds in hillside (fire areas). • Priority III, Standard Code violations such as inoperable vehicles, parking in the front yard, graffiti, removal of required landscaping, and other similar items. The City’s code enforcement program has undergone significant organizational changes. With the bankruptcy filing, the Division lost 75 percent of its employees, going from 25 to only 5 employees. To stretch limited resources, the Division was transferred to the City’s Police Department to bolster neighborhood efforts in 2017. In 2020, as the economy began to recover, the program was transferred back to the CHED Department along with increasing staff to 20 employees. Staffing increases have helped to address an annual workload of 5,000 new cases each year. The City’s code enforcement programs have become increasingly complex due to the many aspects involved in the process. This includes procedures surrounding the type, conditions for/and methods of property inspections, severity of violations sought to be addressed, administrative citation process, hearing process, and other aspects authorized by local or state law. Furthermore, new state laws are being adopted that affect many aspects of the code enforcement process. As part of Program 3.3, the City will further analyze and make revisions, where needed, to the City’s code enforcement programs to ensure compliance with Federal and State Fair Housing law. Packet Page. 1141 Housing Constraints 3-34 January 2024 Housing-Related Programs Ensuring the safety and livability of housing is an important aspect of code enforcement. Currently, there are three housing-related code enforcement programs. Unlike complaint driven code enforcement processes, these programs have scheduled timeframes for inspection as required by federal law, state law or local ordinances. Mobile Home Inspection The City of San Bernardino has one of the more extensive stocks of mobilehomes in California. A total of 46 mobilehome parks provide more than 4,000 units of housing, most of which is rent stabilized as affordable or market rate affordable to lower income households. Currently, the State of California, Department of Housing and Community Development, is responsible for conducting the required inspections of mobilehome parks to ensure they are in safe and sanitary condition. HCD inspects the units once every seven years. Visual inspection of the parks shows significant deferred maintenance and rehabilitation needs. However, the City has been unable to take over inspections of the parks due to the very low reimbursement fee allowed in state law. Single-Family Inspection Program The Single-Family Rental Inspection Program was established to ensure that property owners and managers of single-family rental units maintain the City’s adopted codes and applicable laws. The program applies to all rental units consisting of one to three units (i.e., single-family homes, duplexes, and triplexes). The City conducts property inspections of all rental units of this size every two years and charges the property owners an inspection fee of $180 annually. The City reports that most code violations originate from single-family (e.g., one to three units on-site) rental units. Code enforcement is responsible to provide this service and have increased staffing fourfold in the past year to address the backlog of inspections needed in accordance with this program. This program does not target lower income households; it applies to all rental units in the city. Multi-family Rental Housing Fire Inspection Program County FIRE conducts annual inspections of businesses, factories, restaurants, churches, schools, senior housing, and other buildings that could pose significant risks to occupants or the public. The Multi-family Rental Housing Fire Inspection Program is a part of the City’s overall effort to encourage upkeep of multi-family rental housing units (Chapter 15.25 of the SBMC). Owners of these structures are required to maintain these units in accordance with applicable housing, building, and property maintenance standards. The inspection program is required of all multi- family properties containing four or more units and is not targeted to lower income households. Annual fire inspection fees charged to property owners range from $150 to $1,000 per property. This program is operated solely by the San Bernadino County Fire District. Packet Page. 1142 Housing Constraints City of San Bernardino General Plan – Housing Element 3-35 3.1.5 Site Improvements Site improvements are necessary to prepare land for development, ensure adequate access, and connect or construct critical utility infrastructure that serves proposed residential projects. As a result, the City may require a variety of on-site improvements, such as grading, street lighting, connections to existing infrastructure, and curb cuts. Common off-site improvements include curb, gutter, and sidewalk installation. Infill projects require fewer on- and off-site improvements due to the proximity of existing infrastructure and utilities. SBMC Title 19, Chapter 19.30 contains City regulations for mandatory improvements on the development site (“on-site improvement”) or adjacent to or near the site (“off-site improvement”). If not in place, installation will be required as conditions of approval of the subdivision, parcel map, or development permit. As summarized below and in Table 3-11, these include: » Street development or improvements—including streetlights, street trees, traffic signals, sidewalks, and other improvements in the road right of way. » Utilities, including water, sewer, storm drains, and dry utilities underground to support residential development. » Land for park and recreational purposes, or easements for other public improvements needed to address the impact of the proposed residential development. Table 3-11 Street Infrastructure Standards Street Types1 Major Arterials Secondary Arterials Collector Streets Local Streets Lanes 6 to 8 lanes Typically 4 lanes Two lanes only Two lanes only Road Width 36–40’ lane width 100’ right-of-way 32–33’ lane width 88’ right-of-way 20’ lane width 60’ right-of-way 20’ lane width 60’ right-of-way Sidewalks Both Sides Depends on street Both Sides Depends on street Both Sides Depends on street Both Sides Depends on street Utilities2 Underground with exceptions Underground with exceptions Underground with exceptions Underground with exceptions Curbs, Gutters Required for both sides of roadways Required for both sides of roadways Required for both sides of roadways Required for both sides of roadways Source: City of San Bernardino General Plan, City Engineering Specifications, Standard Plan 100. 1. Roadways specifications in the very high fire hazard severity zone must comply with CAL FIRE regulations and regulations of the San Bernardino County Fire Department (CONFIRE) 2. Undergrounding applies to all utilities except transmission lines exceeding 33 KV. The Council may waive any requirement if physical conditions make installation unreasonable or impractical. Single lot projects in the RE, RL, RS, RU districts are exempt. Packet Page. 1143 Housing Constraints 3-36 January 2024 As part of the development process for new affordable housing, several concerns were raised. Specifically, smaller infill projects downtown typically are served by aging sewer and water lines, many of which are cracking, undersized, or with deferred maintenance. Furthermore, many of the streets are undersized and require dedications of right-of-way. When projects are built, they will often require street improvements, which typically include landscaped medians. Another impediment cited was undergrounding utilities, which can cost millions of dollars. To address these constraints, the City has undertaken the following steps: » Defer Site Improvements. The City reserves the right to defer site improvements for subdivisions of four parcels or less if the City Engineer determines that the construction of the site improvements at the same time as the rest of the project’s buildout is impractical due to physical site constraints. In these cases, the developer signs an agreement to build out the site improvements at a future date. » Waive Utility Undergrounding. The City has, on a project-by-project basis, waived the requirement to underground utilities to incentivize housing production. For instance, in the Arrowhead Grove housing project, the undergrounding of utilities would have made the project infeasible. Therefore, the City allowed the developer to install utilities and drainage ponds aboveground. SBMC Article III, Section 28C also allows the waiver of undergrounding for any single lot development in the RE, RL, RS, and RU districts. » Public Street Improvements. Whenever street improvements are required as a condition of approval, and off-site drainage pattern requires it, the entire street section may be required to be improved in accordance with City public works policies, procedures, and standards. In the recent Arrowhead Grove project, the City waived the requirement to build a landscaped median for the one block fronting the project. The City also assisted Habitat for Humanity by waiving some off-site improvements for single infill housing. » Infrastructure Financing District. The Housing Plan contains a program to explore the feasibility of establishing an Enhanced Infrastructure Financing District (EIFD) to assist in identifying ways to finance the cost of improving, rehabilitating, and installing infrastructure to incentivize the redevelopment of properties. The concept of the EIFD has been implemented in the Inland Empire, most recently in neighboring Yucaipa. While the mentioned site improvement tools can be used to waive or modify site requirements, the SBMC does not have formal procedures for modifying these and other site requirements. There may be opportunities to modify site improvement requirements to facilitate development of focused areas in the City. As such, the Housing Plan proposes a program to review its infrastructure site requirements and consider opportunities for adding flexibility where appropriate as well as consider opportunities for an EIFD pursuant to a feasibility study. Packet Page. 1144 Housing Constraints City of San Bernardino General Plan – Housing Element 3-37 3.1.6 Permit Processing Administration San Bernardino's development review process is designed to accommodate growth without compromising quality. The City’s development review process is organized around a tiered set of permits, with different decision-making bodies responsible for reviewing, conditioning, and approving applications. The following outlines the approving body, general process and conditions, and timelines associated with the applications for residential projects in the city. Review and Approval Authority The San Bernardino Municipal Code establishes the reviewing authority for different types of land decisions. Pursuant to Chapter 19.31, Table 3-12 outlines the reviewing authority. In the case of applications receiving multiple actions, the highest level of authority is the final reviewing body. Table 3-12 Reviewing Authorities for Residential Development Permit Type Planning Director DRC Planning Commission City Council Minor Use Permit X Administrative Permit** X Development Permit X or X Conditional Use X Design Review X X Development Agreement X General Plan Amendment X* X Specific Plan X* X Development Code Amendment X* X Lot Line Adjustment X Lot Merger X Minor Modification X Tentative Parcel Map X or X Tentative Tract Map X Variance X Source: City of San Bernardino Municipal Code, Chapter 19.31 ‘* Planning Commission recommends to Council for final action ** Emergency shelters in the ES Overlay Zone shall be permitted with an Administrative Permit (SBMC, 19.10-E.030) Packet Page. 1145 Housing Constraints 3-38 January 2024 Overview of Permits Required SBMC §19.04.020 establishes residential land uses that are Permitted (P), subject to an Administrative or Development Permit (D), a Conditional Use Permit (C), or Prohibited (X). In practice, all residential uses (incl. single- and multiple-family) that are identified as Permitted (P) or subject to an Administrative or Development Permit (D) are considered as by-right for the purpose of land use approval. Administrative or Development Permits, as required, are used for site plan and design review for new construction, and not for the approval of the land use itself. The following processes are the same for all zoning districts in the city, regardless of location. Over-the-Counter Approvals The following projects are reviewed at the public counter prior to acceptance to plan check with the Building and Safety Division. Review over-the-counter is to confirm zoning and conformance with prescribed development standards (setbacks, heights, lot coverage, etc.). • New single-family residential construction (one unit only) • Accessory Dwelling Units Administrative Approvals The following projects require approval of an Administrative Development Permit (ADP). ADPs are subject to approvals by the Director or their designated staff. Review times are typically 30-45 days and are not subject to a public hearing. The ADP is required to confirm conformance with applicable development standards and design standards for single-family or multiple-family residential development, as applicable. • New residential construction (single-family, duplex, triplex, quadplex) consisting of between 2-4 dwelling units Development/Environmental Review Committee (D/ERC) Approvals The following projects require approval of a Development Permit Type-D (DP-D) by the D/ERC. The D/ERC is a public hearing subject to the Brown Act, and noticed as required. The D/ERC includes staff members from the Planning Division, Building and Safety Division, Fire Department, Public Works Department, and Water Department. Review times are typically 3-4 months. Projects at this scale may or may not be subject to additional environmental review under CEQA. • New single-family residential construction consisting of between 5-11 units • New multiple-family residential construction consisting of between 5-11 units Packet Page. 1146 Housing Constraints City of San Bernardino General Plan – Housing Element 3-39 Planning Commission Approvals The following projects require approval of a Development Permit Type-P (DP-P) or Conditional Use Permit (CUP) at the Planning Commission. Planning Commission public hearings are subject to the Brown Act, and noticed as required. The Planning Commission is comprised of resident members from each of the 7 Council wards. Processing times for Planning Commission review are typically 6 months but can vary based on the environmental review required. Review at this level is required to confirm conformance with applicable development standards and design standards for single-family or multiple-family residential development, as applicable, and regularly involves concurrent review/approval of Subdivision (Tentative Tract Map) applications. • New single-family or multiple-family residential projects consisting of 12 or more units • Senior housing projects only when in Commercial zoning districts (subject to CUP) The City is updating its Development Code, anticipated to be adopted in 2024. Program 2.4 commits to revising the land use tables for all projects to clarify requirements for land use allowance and creating distinct requirements for physical improvements to property. Table 3-13 Summary of Approval Process for Housing Projects Residential Projects Steps 1 Unit or ADU 2 to 4 units 5 to 11 units 12 or more Units Approval Authority Over-the-counter Director D/ERC Planning Commission Type of Permit Required None ADP DP-D DP-P Site Plan /Design Review Over-the-counter Planning Planning Planning DERC Review None Internal Review DERC Reviews Entire Project DERC Reviews Entire Project Public Hearing None None D/ERC Planning Commission Final Decision Over the counter Director D/ERC Planning Commission Timeframe 2-3 days 30-45 days 3-4 months Up to 6 mos. Source: City of San Bernardino, 2023 Note: the timeframes for single and multiple family residential projects to be approved are generally the same as they undergo the same process. The only difference is the size and complexity of the project. Packet Page. 1147 Housing Constraints 3-40 January 2024 Administrative Permit An Administrative Permit is a by-right use process required for projects of two to four units, tenant improvements, and occupancy permits that result in an intensification in land use. In addition, the SBMC permits emergency shelters with the approval of an Administrative Permit by the Director within the ES Overlay zone (SBMC, 19.10-E.030). Through the permit process, projects are evaluated for consistency with the General Plan, Development Code, and Building Code. These projects are reviewed over-the-counter or concurrent with the building plan check process and typically take 30 to 45 days. No public hearings are held; it is an administrative approval only, approved by the Planning Director. The permit also applies to all zones equally. Prior to approval of the Administrative Permit, the Director must find (based on the project itself and DERC recommendations) that the project complies with the following: » The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of the Development Code. » The proposed development is consistent with the General Plan. » The proposed development would be harmonious and compatible with existing and future developments within the zone and general area, as well as with the land uses presently on the subject property. » The approval of the Administrative or Development Permit for the proposed development is in compliance with the requirements of CEQA and SBMC § 19.20.030(6). » There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. » The subject site is physically suitable for the type and density/intensity of use being proposed on the site. » Adequate provisions for public access, water, sanitation, and public utilities and services are made to ensure the proposed use will not be detrimental to public health and safety. » The location, size, design, and operating characteristics of the proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. The Administrative Permit process has not constrained the supply, cost, nor development of housing; indeed, it only affects very small projects and therefore has minimal impact. The process is one of the fastest and least costly ways to develop smaller housing projects. City staff cannot recall instances where projects do not meet the above minimum findings for development. Packet Page. 1148 Housing Constraints City of San Bernardino General Plan – Housing Element 3-41 Development Permit A Development Permit is required for projects of 5 or more units. A Development Permit can be reviewed by the DERC or, if forwarded, by the Planning Commission. The DERC is an interdepartmental group consisting of a representative from Building and Safety, Traffic, Engineering, Water, Integrated Waste Management, County Fire, and Planning. The DERC meets twice a month, and provides input on the project, allowing projects to be reviewed in a timely manner without a time-consuming public hearing. The DERC offers the opportunity to work out project details and conditions so that the DERC can recommend approval of the project. Once a project application is deemed complete, the DERC typically approves a permit in 4 to 8 weeks. A Development Permit, which is acted upon by the Planning Commission, is required for all proposed residential development projects that have more than 11 dwelling units. The project application review generally takes four to eight weeks for approval from when the application is deemed complete, depending on whether it is found to be categorically exempt pursuant to the CEQA or if it requires completion of an ND/MND. Projects requiring completion of an EIR take significantly longer to reach project approval due to the time needed for technical studies. Typically these projects can take up to 6 months to go through the review, including hearing. Prior to approval of the Development Permit, the Planning Commission must find (based on the project itself and DERC recommendations) that the project complies with eight principles: » The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of this Development Code. » The proposed development is consistent with the General Plan. » The proposed development would be harmonious and compatible with existing and future developments in the zone and general area, and land uses on the subject property. » The approval of the Administrative or Development Permit for the proposed development is in compliance with the requirements of CEQA and SBMC § 19.20.030(6). » There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. » The subject site is physically suitable for the type and density/intensity of use being proposed. » Adequate provisions for public access, water, sanitation, and public utilities and services are made to ensure the proposed use will not be detrimental to public health and safety. » The location, size, design, and operating characteristics of the proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. Packet Page. 1149 Housing Constraints 3-42 January 2024 Conditional Use Permit A Conditional Use Permit is a discretionary entitlement which may be granted under the provisions of the Development Code and which, when granted, authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement. A CUP is required for projects that require a higher level of design and compliance review. For example, adding residential uses in a commercial zone warrants a CUP in order to analyze potential impacts to existing nonresidential development and potential impacts to the new residential use in a commercial setting. The CUP process allows the Planning Commission to ensure that the project is designed to mitigate any adverse impacts to existing uses and public health and safety. Typical conditions are similar to those of a Development Permit–Planning Commission project—property development standards to ensure public safety (grading, construction dust, lighting, etc.). Either the DERC or Planning Commission will make written findings for the granting of CUPs and may require them to be modified or follow certain approving conditions. A CUP for a residential project generally takes 12 to 16 weeks for approval. Prior to approving a conditional use permit, the approving authority must find that: » The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject zone and complies with applicable provisions of the Code. » The proposed use is consistent with the General Plan. » The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of CEQA and § 19.20.030(6) of the Development Code. » There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. » The location, size, design, and operating characteristics of the proposed use are compatible with the land uses in the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. » The subject site is physically suitable for the type and density/intensity of use being proposed. » There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. Packet Page. 1150 Housing Constraints City of San Bernardino General Plan – Housing Element 3-43 The Development Permit has not served to constrain housing production. City staff have indicated that most residential projects are issued a Development Permit and they could not recall specific projects that were denied permits due to less objective findings cited in SBMC § 19.44. The lack of housing production cited in prior periods was not due to the permit process itself nor the housing market, but conditions emanating from factors outside the City’s control, such as the City’s bankruptcies and terrorist attack, that depressed demand for housing. These two conditions, as well as the region’s economy, are credited with the lack of housing projects. While many aspects of the local and regional development environment are outside the control of the City, the Housing Plan contains Program 2.5 to ensure that projects are reviewed in a timely manner and the process offers a greater level of developer certainty. The program also commits the City to monitor status of projects quarterly; for ones not moving forward, contact developers to ascertain issues, facilitate remaining entitlements, and assist in extensions as needed. The Housing Plan commits the City to review and revise discretionary findings and replace findings with more objective and/or measurable findings to improve developer certainty on what is required. In addition, Program 2.5 to implement a one-stop development counter that will physically locate services together and functionally work across disciplines to improve the timeliness of the review, modification, and approval of applications for new residential projects. Table 3-14 Development Permit Process Timelines Permit Single-family Multi-family Minor Use Permit 8-10 weeks 8-10 weeks Conditional Use Permit 12-16 weeks 12-16 weeks Administrative Permit 2-3 weeks 2-3 weeks Development Permit 4-8 weeks 4-8 weeks Design Review Concurrent with DP Concurrent with DP Source: City of San Bernardino, 2022. Note: Timeframes do not reflect CEQA clearance as it is not possible to anticipate in advance the form of clearance. The City has not received many requests for expedited review of proposed projects as the City’s development review and approval process is capable of effectively approving or conditioning projects without the need for expedited review. Nonetheless, as required by state law, the Housing Plan includes an action item to develop an expedited permit process that mirrors the model provided by the California Department of Housing and Community Development. Packet Page. 1151 Housing Constraints 3-44 January 2024 Design Review Standards and Process SBMC Chapter 19.38 establishes the City’s design review authority for residential development. The express purpose of the chapter is to facilitate the creation of development that exists in visual harmony and order with surrounding land uses and the preservation of public health and safety. The City’s DERC is the authorized approval body for design review for proposed housing projects that are: (1) new and subject to review by other than the Director, (3) a remodel or redevelopment requiring a Development Permit, or (4) a change or intensification of land use. The DERC is a committee consisting of a single representative from Building and Safety, Traffic, Engineering, Water, Integrated Waste Management, and Planning along with County Fire. The DERC evaluates all projects subject to design review prior to final action by the review authority, which depends on the size of the residential project. The DERC reviews the project to ensure it meets City performance standards and design guidelines. The City’s design guidelines are very concise, highly illustrated, and can be found online in SBMC, Chapter 19.04.050. Prior to approval, the DERC must make the following findings: 1. The design of the project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures, and colors that will remain appealing and will retain a reasonably adequate level of maintenance. 2. The design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not result in vehicular and/or pedestrian hazards. 3. The architectural design of the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Development Code and the General Plan. The City’s design review process has not constrained housing applications or approvals. During the past 50 pipeline projects, City staff could not recall an instance where the design review process required more than one DERC meeting or the project was denied due to design review. Design review is concurrent with the overall project review, and there is no separate fee. Should the applicant wish to appeal any requirement, decision or determination made by the Director or DERC or Planning Commission, SBMC 19.52 sets forth the process for an appeal. Although design review does not constrain housing production, changes are proposed to address new state law. Program 1.8 proposes to adopt objective development and design standards for multi-family and mixed-use projects in accordance with Gov’t Code § 65913.4 and modify the required design findings to reflect objectivity and greater certainty of approval. This action will occur after adoption of the Housing Element as part of the development code update. Packet Page. 1152 Housing Constraints City of San Bernardino General Plan – Housing Element 3-45 Permit Streamlining and CEQA Ensuring an efficient permit process assists in controlling project costs. Developers have options available to them to receive expedited or streamlined processing of development applications under the Permit Streamlining Act (PSA). The PSA was enacted in 1977 to expedite the processing of permits for residential development projects. Government Code 65921, the Permit Streamlining Act, achieves this goal by: (1) setting forth various time limits within which state and local government agencies must either approve or disapprove permits; and (2) providing that these time limits may be extended once (and only once) by agreement between the parties. The Permit Streamlining Act does not apply to legislative land use decisions or to ministerial permits. The City strives to maintain an efficient permit process. As noted earlier, the City’s D/ERC expedited projects by providing a complete project review from all city departments at one meeting, thereby reducing the time required to go back with different departments individually. The City strives to adhere to the time limitations by providing completeness responses to applicants within 30 days of receiving a development application. Projects that are exempt from CEQA must be processed within 60 days of deeming the application complete. However, projects that require additional environmental analysis and disclosures to the public are granted additional time to prepare an initial study and circulate the environmental findings for public comments. The City’s Community and Economic Development Department has other web-based tools to allow developers to streamline the review of development applications. The City posts a summary of all requirements so developers know which documents are required to be submitted as part of applications at https://www.sbcity.org/common/pages/DisplayFile.aspx?itemId=18208695. The City also offers pre-application reviews so developers can consult with staff and obtain clarifications on the types of permits and code requirements that must be fulfilled. Program 2.5 in the Housing Plan includes an action item to continue to track project processing to ensure that an environmental determination is made pursuant to PRC §21080.1, within the timeframes of the PRC §21080.2 and Gov’t Code 65950(a)(5) (e.g., State law). The City’s Planning Division website offers a portal where developers can lookup project status. Packet Page. 1153 Housing Constraints 3-46 January 2024 CONSTRAINTS ON HOUSING FOR DISABLED PEOPLE Ordinances, policies, or practices enacted to protect the health and safety and further the general welfare must be periodically examined to determine whether they are accomplishing their intended purpose or, in practice, serving as a barrier to the maintenance, improvement, or development of housing for disabled people. The analysis of potential and actual constraints upon the development, maintenance, and improvement of housing for persons with disabilities must include, but need not be limited to: 1) municipal code definitions; 2) zoning and land use policies and practices; 3) building code requirements; and 4) permit and processing procedures. Municipal Code General Definitions Certain definitions in the San Bernardino Municipal Code were carefully reviewed to determine whether they could be construed as a potential constraint for housing people with disabilities. In identifying a potential fair housing concern, three municipal code definitions—family, dwelling unit, and disability—were particularly germane. » “Family” is defined as “one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen and eating areas within the dwelling unit.” This language complies with fair housing law as it does nor reference birth, marriage, adoption, family status, or number of occupants. » "Dwelling unit” means “a building or portion thereof designed exclusively for residential occupancy by one family for living and sleeping purposes, including single-family dwellings, multie-family dwellings, and manufactured housing.” This definition should be revised to remove the clause denoting “exclusively by one family” occupancy. » “Dwelling, single,” is defined as “a structure or portion thereof designed for residential occupancy, not including hotels or motels.” Dwelling, multiple, is defined as “a structure containing 2 or more dwelling units or a combination of 2 or more separate single family dwelling units.” These definitions comply with state fair housing law. » “Disability,” is defined as “a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment, or anyone who has a record of that type of impairment.” State law defines disability as an impairment that makes performance of a major life activity “difficult.” The SBMC may require updating to include this more expansive definition of a disability. While static definitions in a municipal code are rarely used for discrimination purposes, as part of the Development Code update, the above definition of a dwelling unit should be revised along with the definition of a disability to be consistent with state fair housing law. Packet Page. 1154 Housing Constraints City of San Bernardino General Plan – Housing Element 3-47 Zoning and Land Use Policies and Practices Zoning, land use policies, and practices can unintentionally discriminate against group homes if the codes are not carefully constructed. The SBMC must distinguish: 1) whether the group home provides or does not provide state licensed services; 2) whether it allows for six or fewer or seven or more residents; 3) whether the care facilities regulations are preempted by state law; 4) whether a conditional use permit is used appropriately; and 5) whether provisions exist to address potential relief from local government zoning, land use practices, processes, and regulations. Community and Residential Care Facilities The SBMC defines both residential care versus community care facility. Residential care facility is defined as “a family home, group care facility, or similar facility for 24 hour non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual.” The SBMC defines community care facilities as ”consistent with Health and Safety Code (Section 1267.8), the intermediate care facility shall include provisions for developmentally disabled habilitative - nursing or congregate living.” The SBMC’s definition of residential care facility is consistent with state law but community care facility is not. A community care facility has a broader classification that includes 20 types of facilities, including residential care (H&S Code § 1502). The SBMC should be amended to define “community care facility” as any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children The SBMC allows residential care facilities that serves six or fewer residents by right in all residential zones (RE, RL, RS, RU, RM, RMH, RH). Such facilities are also conditionally permitted in four commercial zones (CO, CG-1, CR-2, and CG-2). The City does not impose “local” requirements for separation or overconcentration requirements that could impact the development or cost for these facilities. State licensed residential care facilities are treated in the same manner as any other residential use in the same zoning district subject to the same permitting, development, and design standards as any other similar residential land use in the same zone. The SBMC does not mention larger residential care facilities serving seven or more clients, although such facilities are in the community. To address the lack of guidance, the Housing Plan includes a program to define and permit larger residential care facilities serving seven or more clients. If a conditional use permit is required, the conditions and process imposed must be consistent with licensing authorities and not arbitrary or discriminatory, and not conflict with fair housing law. In addition, the SBMC should allow the reasonable accommodation process to be extended to allow consideration of siting such facilities subject to findings in the ordinance. Packet Page. 1155 Housing Constraints 3-48 January 2024 General Regulations for Residential Care Facilities Existing codes and other local regulations were reviewed to determine whether any could be construed as actual or potential constraint upon the maintenance, development, or improvement of housing for persons with disabilities. The following is a summary of the findings. » Building Accessibility Codes. The City enforces the California Building Codes, Chapter 11A and 11B, which contain disability accessibility standards. The City has not adopted any amendments beyond those allowed for local climatic, geological, topographic, or environmental conditions unique to San Bernardino, and none of these codes affect accessibility. The City also does not mandate universal design standards for housing. » Development Standards. The SBMC does not require additional development standards that would unduly impact the provision of housing, such as residential care facilities, for disabled residents. Care facilities are treated like any other dwelling and, as such, must comply with the same development standards as any other residential use. However, the Housing Plan proposes to modify the SBMC to clarify parking requirements. » Siting / Spacing Requirements. The City does not require special siting or separation requirements for residential care facilities. Such uses are permitted like other land uses in the same zone, and the City’s municipal code does not specify concentration limits. The only spacing and concentration requirements that may apply are those specified and authorized in the California Health and Safety Code and other related codes. » Occupancy Limits and Building, Fire, or Health and Safety Codes. The City applies the same, generally applicable, nondiscriminatory occupancy limits and other building, fire, health, and safety requirements to group homes that apply to other housing, subject to reasonable accommodation requirements or the Legislature’s requirements for specific types of licensed facilities, such as those serving persons with limited mobility. » Other Requirements. The City does not impose special requirements for operators and residents that overly constrain group homes, conflict with the duty to affirmatively support this housing, nor discriminate on the basis of disability and other protected class. Examples include parking requirements, restrictions on residents occupying the facility, staff, notice requirements, and law enforcement registration requirements. » Public Nuisance and Other Code Enforcement Actions. Should code violations occur, the City uses generally applicable, nondiscriminatory laws and code enforcement procedures to investigate and, if appropriate, initiate legal actions against group home operators that: a) create public nuisances; b) violate building, housing, fire, or other public health and safety codes; c) commit fraud; or d) engage in other unlawful activities. Packet Page. 1156 Housing Constraints City of San Bernardino General Plan – Housing Element 3-49 Permitting Process The permitting of residential or community care facilities has raised some level of uncertainty due to the many types of facilities (from group homes to care facilities) and services covered (state licensed versus not), the multiplicity of state codes regulating such uses, and the preemption of state law for certain uses and/or regulatory processes. In some cases, facilities may provide multiple services, making it difficult to determine their primary use and overarching regulatory framework. Moreover, fair housing law has gradually expanded as well. Based on the Group Home Technical Advisory, the Housing Plan includes an implementation program to revise its municipal code permitting process that will clarify the definition and permitting process for group homes and residential care facilities as follows: » Group homes that operate as a single housekeeping unit and that do not provide licensable services will be allowed in all zones allowing single or multi-unit residences, subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to all single or multiunit residences. » Residential care facilities that operate as a single housekeeping unit and that provide licensable services to six or fewer residents will be allowed in zones allowing single or multiunit residences, subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to all single or multiunit residences. » Residential care facilities operating as a single housekeeping unit that provide licensable services to more than six residents will be subject to a conditional use permit based on generally applicable, nondiscriminatory findings. Reasonable accommodation procedures may be used to comply with fair housing laws. In implementing the aforementioned changes to SBMC definitions and permissible land uses, the term “single housekeeping units” will not contain overly scrutinized living arrangements, common deed or lease agreements, or other definitions or qualifications that could otherwise restrict the siting of these facilities. “Licensable services” shall only refer to those services licensed by the state of California. Codes will not conflict with provisions in the California Health and Safety Code, Welfare and Institutions Code, Government Code, and other applicable regulations, The City’s CUP findings, described earlier in this chapter, comply with state law and address the following: CEQA requirements, General Plan consistency, general welfare standard, nuisance standard, provision of infrastructure and needed services, and zoning consistency. However, there may be situations where a large residential care facility or one that provides multiple services may still be permitted without a conditional use permit. The SBMC will allow such appropriate exceptions to be considered through its reasonable accommodation process. Packet Page. 1157 Housing Constraints 3-50 January 2024 Senior Citizen/Congregate Care Housing While senior citizen housing is not the same as a community or residential care facility, it can contain a high number of persons with disabilities given the age of the residents. Senior housing is defined as a structure(s) providing residence for a group of senior citizens (60 years of age or more) with a central or private kitchen, dining, recreational, etc. facilities with separate bedrooms and/or living quarters. Senior housing is allowed by right in any zone where multi-family residential uses are found as well as conditionally in certain commercial zones. Senior housing is allowed to have more permissive development standards than conventional nonage-restricted apartment in San Bernardino. These standards also cater to the needs of the higher prevalence of residents with a disability, as follows: » Minimum Unit Sizes. Unit sizes are less than multi-family residential and include 410 sqft. for a studio, 510 sqft. for a one-bedroom unit, and 610 sq.ft. for a two-bedroom unit. An additional 60 sqft. is allowed if the the kitchen-dining-living areas are separate This is approximately 100 square feet less than nonsenior apartments. » Accessible Transit. Given that seniors are more transit dependent than other nonseniors, a bus turnout and shelter on the on-site arterial frontage shall be dedicated if the project is located on a bus route as determined by the Director. Dial-a-ride transportation shuttles shall be provided; number to be determined during project review. » Greater Accessibility. The main pedestrian entrance to the project, common areas, and parking shall be provided with handicapped access. Indoor common areas and living units shall be handicap adaptable and be provided with all necessary safety equipment (e.g., safety bars, etc.) and emergency signal/intercom systems as determined by the Director. » Lower Parking. Off-street parking shall be provided in the following manner: a) one covered parking space for each dwelling unit for the exclusive use of the senior citizen residents plus one space for every 5 units for guest parking. Senior citizen/congregate care parking requirements may be adjusted on a project basis, subject to parking study. » Density Bonus. The SBMC allows senior housing to receive a density bonus of up to 50 percent greater than that allowed in the zone with a market feasibility study and a conversion plan. Such residential uses can also receive a density bonus of 50 percent if located in selected commercial zones pursuant to an approved conditional use permit. Taken together, residential development standards have not deterred or constrained the production of senior/congregate care housing in the community. The City has several dozen projects, both affordable and market rate, that cater exclusively to senior citizens. Packet Page. 1158 Housing Constraints City of San Bernardino General Plan – Housing Element 3-51 Building Code Requirements The City of San Bernardino has adopted the 2019 California Building Codes, including Chapter 11A and 11B, which contain disability accessibility standards for covered dwellings and public facilities. The City has not adopted amendments beyond those allowed for local climatic, geological, topographic, or environmental conditions unique to San Bernardino, and none of these requirements affect the accessibility of a unit to an individual with a disability. The City also does not mandate universal design standards for new residential construction, though developers may decide to include such features on a voluntary basis. The City publishes accessibility requirements online (for example see sidebar). This includes 2010 ADA Standards for Accessible Design, CBC Accessibility standards in Sections 11A and 11B, and Frequently Asked Questions. Several terms have emerged in recent years that describe similar though somewhat distinct design concepts with respect to accessibility to housing. Accessible design is a design process in which the needs of people with disabilities are specifically considered. Universal design is a broader concept that is defined as "the design of housing and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design." The City does not require accessible or universal design standards for new housing construction due to the cost of such improvements, and some of the improvements may actually restrict mobility. A common impediment to housing accessibility is the need for ramps to access a housing unit. In reviewing the City’s current development standards, the SBMC Development Code limits projections permitted within required setbacks. The permitted list includes chimneys, fireplaces, roof overhangs, awnings/canopies, pools, patios, and other similar features. However, a common need for people with limited mobility is the use of ramps or elevation devices to reach a porch. As the code is written, these projections would require a reasonable accommodation. As such, the SBMC should be amended to allow projections needed for disability access. The City also has a Building Code Appeals Board where developers or residents can appeal applications of the building code or other requirements to their particular dwelling. The Board may also address accessibility issues to accommodate people with a disability. Packet Page. 1159 Housing Constraints 3-52 January 2024 Permit and Processing Procedures-Reasonable Accommodation The City Development Code (Chapter 19.63) has established procedures to assist in meeting the housing needs of people with a disability through its reasonable accommodation process. The intent is to set forth the process whereby individuals can seek means that allow them equal access to housing as provided by the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act. A reasonable accommodation is the act of providing flexibility in the application of land use and zoning regulations, including modification or waiver of certain requirements to accommodate individuals with a disability. A request for reasonable accommodation shall be made in writing. The request shall identify the project, the standard that presents a barrier, and the disability that requires reasonable accommodation. The Director may request additional information for making a determination, consistent with state and federal fair housing acts and considering privacy rights of the individual. Prior to issuance of permits issued for construction including a reasonable accommodation, the Director may require recordation of a disclosure to inform future property owners of the granting of the reasonable accommodation, and whether or not the approval will run with the land. The Director has the authority to review and approve or deny requests. The Director may refer the matter to the Planning Commission or the Historic Preservation Commission if the project requires another discretionary action, or as appropriate. The decision of the Director may be appealed to the Planning Commission, and a Planning Commission decision may be appealed to the Mayor and Common Council, pursuant to Chapter 19.52, Hearings and Appeals. Prior to approval, the Director shall grant a request for reasonable accommodation only if all of the following findings are made: » The subject home will be used by an individual with a disability. » The requested accommodation is necessary to make specific housing available to an individual with a disability. » The requested accommodation would not impose an undue financial or administrative burden on the City. » The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning. Altogether, the City’s reasonable accommodation process is straightforward, a fee is not assessed for submitting a request, and the findings are consistent with state and federal fair housing law. However, the City will be amending the reasonable accommodation provisions to allow for the consideration and permitting of land use permitting for facilities, where appropriate, that accommodate people with disability instead of requiring a conditional use permit for all cases. Packet Page. 1160 Housing Constraints City of San Bernardino General Plan – Housing Element 3-53 The federal Fair Housing Amendments Act of 1988 and California’s Fair Employment and Housing Act prohibit discrimination against individuals with disabilities in housing and require that cities take affirmative action to eliminate regulations and practices that deny housing opportunities to individuals with disabilities. More specifically, fair housing laws require that cities and counties provide individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, practices and procedures. In 2011, City Council adopted MC-1354, Reasonable Accommodation Ordinance, to respond to HCD conditions for certification of the 2008-2014 Housing Element. The City’s current ordinance generally follows the “Model Ordinance for Providing Reasonable Accommodation under Federal and State Fair Housing Laws (Mental Health Advocacy Services, 2003), cited on HCD’s website at: www.hcd.ca.gov/community-development/building-blocks/program-requirements/address- remove-mitigate-constraints/docs/model_reasonable_accomodation_ordinance.pdf. State and federal law have changed in recent years for reasonable accommodation and reasonable modifications. While not an exhaustive treatment, the following points highlight several needed revisions to the City’s Reasonable Accommodation Ordinance. 1) Definitions. The City’s ordinance should be revised to define reasonable modification and reasonable accommodation consistent with CCR tit. 2 §12176(a) and §12176(b). 2) Requests for Accommodations and Modifications. City ordinance should allow requests to be submittal orally or written, and be careful to protect sensitive information (§12176). 3) Interactive Process. City ordinance should be clearer on the process of working with applicants to provide information or coming up with alternative solutions (§12177). 4) Necessity of Request. City ordinances should be modified to clarify criteria for establishing a requested accommodation or modification is necessary (§12178). 5) Reasons for Approval of Denial. City ordinances should be modified to indicate reasons for approval of denial of reasonable accommodations or modifications (§12179). It should be noted that City staff could not find examples of prior requests for reasonable accommodations or modifications based on searches of the City’s online portal. Therefore any trend information or time estimates for processing requests cannot be estimated. The Housing Element, Program 5.3, Objective 5.3a, proposes a program to review state and federal laws regarding reasonable modifications and accommodations and make necessary changes to bring the City’s ordinance into compliance, including but not limited to definitions, request procedures, interactive process, necessity of request, and reasons for approval and denial, among others. The timeframe for revisions would be within two years of adoption of the housing element. Packet Page. 1161 Housing Constraints 3-54 January 2024 Emergency Shelter Regulations The SBMC sets forth regulations for the administrative approval and the development of emergency shelters in the Emergency Shelter Overlay. The permit processing, development, and management standards applied are not discretionary acts within the meaning of CEQA. In order to receive administrative approval in the ES Overlay Zone, pursuant to Chapter 19.10 of the SBMC, the following standards are required to be met prior to approval of a new emergency shelter: » Maximum density is one resident per 150 sq. ft., up to a maximum of 60 residents. » The maximum length of stay shall be six months. » The site shall be located no more than 1/2 mile from a public transit line. » Any new or existing structure proposed for use as an emergency shelter shall meet State Building Codes and development and design standards for the CH, IL, OIP zones. » Off-street parking shall be provided at a ratio of one space per 1, 000 square feet of gross floor area, or one space for each employee on the largest shift plus one space for each agency vehicle plus three visitor spaces, whichever is greater. » Fencing and exterior lighting conforming to the development standards of Chapter 19.20 shall be required to ensure the security of site residents. » A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner. Recent state laws affect the provision of emergency shelters. Specifically, AB 2339 requires that the site capacity for housing homeless people must assume a minimum of 200 square feet per person—slightly above the 150 square feet allowed by City codes. AB 139 allows the City to set sufficient parking to accommodate all staff working in the emergency shelter, provided the standards do not require more parking for shelters than other residential or commercial uses in the same zone. Third, state law is silent on the maximum number of residents allowed per facility; however, the current limit of 60 residents per facility should be revised in line with typical shelters. The Housing Plan includes a program to revisit development standards for emergency shelters in light of new state laws to ensure consistency wherever required. Moreover, on February 1, 2023, the City Council declared a Homelessness State of Emergency that would extend one year, until February 1, 2024. This declaration allows and authorizes the City to take a number of legislative, procedural, and funding steps to facilitate the development of shelters. In 2023, the City adopted Appendix P of the California Building Code, which applies to emergency housing and emergency housing facilities. Streamlined permit processing is also being considered. Packet Page. 1162 Housing Constraints City of San Bernardino General Plan – Housing Element 3-55 Management Plan Housing element law recognizes the need for emergency shelter operations to have general parameters on how they operate and manage a facility. Indeed, many state and federal funding sources also have various requirements. However, California housing element law (Gov’t Code 65583) does allow flexibility for local governments to apply written, objective development and management standards for emergency shelters as described in statute. The SBMC Chapter 19.10-E.040 requires shelters to meet the following standards: » A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner, which includes » Fencing, lighting, video cameras, and any other physical improvements intended to provide or enhance security for residents and staff; » Staffing plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift; » Procedures/policies for screening potential residents to identify individuals who should be referred to medical facilities, residential care, service agencies, or law enforcement; » Plans and policies for daily operations and supervision of residents; » Support services to be offered to residents, including life skills training, counseling, referral to other service agencies and job placement assistance; and » Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve effectiveness of agencies serving the homeless. Discussions with City Housing Division staff indicate that the above provisions requiring a security and management plan prior to approval of an emergency shelter have not been enforced. Shelter providers in the City have not been required to include a security or management plan as a prerequisite for operating. These provisions were put into place many years ago when the shelter overlay was created and have not been updated since their adoption. Housing Program 2.7 commits the City to revise its emergency shelter requirements, including management and security plan, into compliance with State law no later than April 17, 2024. Until such time, City staff is directed to conduct ministerial review of any application consistent with Gov’t Code 65583(a)(4), and 65583.2(i), notwithstanding any contrary terms in the SBMC. Such review shall also be consistent with the Stipulated Final Judgment between San Bernardino and Promise Gracia et al. See: Departmental memo issued by San Bernardino on August 31, 2023. Packet Page. 1163 Housing Constraints 3-56 January 2024 Anti-camping Ordinance The SBMC, Chapter 12.98, was adopted with the express intent to maintain public streets and areas in a clean and accessible condition.” The SBMC state that “public streets and areas should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with this express intent. As such, it is unlawful to camp, occupy camp facilities or use camp paraphernalia in the following areas: (a) any street; (b) any public parking lot or public area, improved or unimproved; or (c) any park.” San Bernardino’s anti-camping ordinance has been implemented since its original enactment, consistent with the California Supreme Court ruling on a similar ordinance in Santa Ana. However, the enforcement of anti-camping ordinances has raised legal scrutiny in recent years as cities have been unable to accommodate their homeless residents and provide supportive services for them. The court precedent in California, fashioned after the Boise decision (Martin v. City of Boise, 2018), prohibits enforcement of an anti-camping ordinance if there is insufficient available shelter beds. The City is working to comply with all federal and state fair housing laws regarding this issue. In 2023, the City funded Hope the Mission to address homeless encampments and connect homeless residents to services. The outreach team offers transportation services to individuals willing to seek shelter, access crisis centers, undergo rehabilitation, or reconnect with their families through reunification programs. During their field engagement, staff provide hygiene kits, snacks, incentives, meals, mobile showers, and other services to meet the immediate needs of residents. The City also funds a crisis intervention team, called Community Outreach And Support Team. The purpose is intercept calls for mental health service before they go to patrol–which reduces calls for service and use of force, builds rapport with the public, and reduces involuntary 51/50 admits. When homeless encampments are proposed for closure, residents of encampments are provided notice of the pending removal action of items and the date of removal prior to the removal action. Notification is provided by fliers and posted in a conspicuous place for residents to view the notice. Residents may also remove any property and store it prior to the formal removal action. However, should personal property not be removed by encampment residents, the City will remove the items and leave a notice of how and where to retrieve items at the City Yard at 205 S. Pershing. Items removed from encampments are stored for 90 days at the City Yard. The City is only enforcing the anti-camping ordinance when shelter beds are presently available for individuals displaced and seeking shelter. If the City enforces the anti-camping ordinance, personal belongings will be stored by the City and a receipt provided. Furthermore, agreements with Motels for Vouchers will be in place by December 1, 2023, when the City will have 200 beds available going forward until the Navigation Center is built. As of that date, with beds available, the City can enforce the anti-camping ordinance and be in compliance. Packet Page. 1164 Housing Constraints City of San Bernardino General Plan – Housing Element 3-57 3.2 NONGOVERNMENTAL CONSTRAINTS Government Code § 65583(a)(6) requires the City to analyze nongovernmental constraints on the maintenance, improvement, or development of housing for all income levels, including the availability of financing, price of land, construction costs, the requests to develop housing at densities below those anticipated, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need. 3.1.1 Land Costs Land prices are typically one of the higher fixed costs associated with the development of new housing. When vacant land is too expensive, it can discourage developers from pursuing the project due to the need to obtain financing or achieve high enough rents/sales prices to compensate for the land costs. The price of land in the Inland Empire has increased in recent years with competition from industrial users. Since the prices of vacant lands are controlled by the market, there is little the City can do apart from offering density incentives. In other cases, the City can sell, transfer, or lease land to a developer in return for an agreement to abide by an affordable housing covenant that restricts occupancy of the units to lower-income households. Land costs are driven by market demand for different types of products and can rapidly change over time in response to both the market for residential and nonresidential development. City staff compiled sales data from 200 residential, commercial, and industrial sites vacant sites sold during 2020 and 2021, as reported from Redfin’s online real estate database. Seven zip code areas had approximately a dozen sample sites, except for 92408 (which is predominantly nonresidential) and 92401 (which is predominantly developed except for City-owned infill sites). Single-family- zoned land (RE, RS or RL zones) suitable for single-family homes sold for a median price of $5.55 per square foot (psf) (range of $0.31 to $17.47). High-density zoned residential land (RU, RM, and RMH zones) suitable for apartments sold for a median of $6.00 psf (range of $0.71 to $18.29). Nonresidential land sold for a median of $10 psf for industrial and $6 psf for commercial sites. Land prices are driven by market factors within San Bernardino and by demand countywide, and these factors are largely outside of the City’s control. Land prices are usually less expensive for proposed residential uses than for commercial or industrial, a pattern that reflects the high demand for industrial space locally and regionally. As noted above, some cities will become involved in selling or leasing sites to nonprofits to mitigate the impact of the cost of land on the affordability of new housing. To that end, the City owns many vacant residential sites in the general downtown area and recently declared these sites as surplus. The City will be working with nonprofit groups to sell sites in return for the production of deed-restricted affordable housing. Packet Page. 1165 Housing Constraints 3-58 January 2024 3.1.2 Construction Costs The cost of construction can be another impediment to the development of housing. If materials or labor markets are expensive during a particular period, it can discourage developers from building new projects and deter property managers with existing housing stock from undertaking necessary regular improvements to maintain a state of good repair. Single-Family Development Single-family construction cost data are not available for San Bernardino proper, but can be gathered from cost estimate companies serving the broader metropolitan area. According to Craftsman Book Company, the cost to build a wood-framed single-story home ranges from $300,000 to $350,000, which includes labor and material. This estimate is based on a 2,000-square- foot house of good quality construction that includes a two-car garage and forced air heating. Direct costs comprise 75 percent of total development costs, with indirect costs, soft costs, and contractor markup 25 percent. However, construction cost would be expected to vary based on whether the product is a planned development, standard subdivision, or custom home. Multi-family Development Market rate multi-family construction cost data are generally not available for San Bernardino because developers will not disclose privately held information to local governments. However, the California Tax Credit Allocation Committee provides more fine-grained assessments of apartment construction costs based on applications for state tax credits. Applications for affordable housing projects awarded tax credits over the past few years were surveyed in Bloomington, Colton, Rancho Cucamonga, Fontana, and San Bernardino. The construction cost cited on the TCAC application ranged from $232,000 to $380,000, with an average cost of $274,000 per unit. When all other soft and hard construction costs (except for land acquisition and local development fees) are included, the average per unit cost increased to $366,000/unit. Manufactured Housing Manufactured housing costs considerably less to build than traditional single-family homes. According to the Census Bureau Manufactured Housing Survey, the cost of manufactured housing is approximately $62 per square foot—much lower than standard single-family homes. The survey is regional in scope and will not account for differences in labor costs or other local cost factors. The survey also does not include the cost of land or placing the unit on a foundation. It should be noted, however, that manufactured housing generally declines faster than stick-built homes. Therefore, a fuller cost analysis should consider the life cycle costs for different types of housing. The City is working with local partners to explore opportunities for manufactured housing. Several manufactured housing projects are slated for development over the planning period. Packet Page. 1166 Housing Constraints City of San Bernardino General Plan – Housing Element 3-59 Construction Cost Trends Regardless of housing unit type, it is clear that residential construction prices have changed significantly over the past decade beyond annual inflation. The COVID pandemic of 2019-2022 is credited with causing significant supply chain interruptions that are still present today. For example, Figure 3-1 shows a ten-year trend of construction cost increases based on the DGS’s Construction Cost Index (for residential construction in the Los Angeles and Bay Area combined) and the Producer Price Index for materials used in residential construction. DGS’s construction cost index generally follows changes in the Producers Price Index. Both indices generally varied between 0 to 5 percentage points for approximately a decade. Beginning in 2020, however, construction costs for housing rose dramatically—two and threefold—in just a few years. This trend was driven by increases in the cost of producing construction materials (labor, steel, lumber, etc.) as represented by the Producer Price Index. According to CBRE, inflation should decline by mid-2023 and return to historical levels of 2 to 4 percent annually. The City has been working with NPHS to design, build, and explore the feasibility of manufactured housing for its infill and homeownership program. The City has also been working with nonprofit organizations (e.g., National Core, Jamboree, and others) to leverage funding sources needed to subsidize the construction of affordable housing. Moreover, accessory dwelling units have also become a particularly popular option used by homeowners to expand their homes and offer units that are affordable for family members or other residents of San Bernardino. Figure 3-1 Residential Construction Cost Trends, 2011-2022 -5% 0% 5% 10% 15% 20% 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 DGC Residential Construction Cost Trend PPI Residential Construction Cost Trend Packet Page. 1167 Housing Constraints 3-60 January 2024 3.1.3 Financing Low-interest financing is essential for a person’s ability to purchase a home, especially for first- time homebuyers. Lending standards have tightened in recent years from the COVID-19 pandemic-induced economic slowdown, which were a low of 2.7% average mortgage rate for a 30-year fixed-rate mortgage in 2020. However, interest rates doubled to 6.0% in 2022. Table 3-15 reports the mortgage rates for homebuyers in June 2022. Table 3-15 Interest Rates, June 2022 Product Interest Rates Annual Percentage Rates 30-Year Fixed Conforming Rate 4.87% 5.06% 30-Year Fixed- Conforming Rate VA 4.50% 4.80% 15-Year Fixed Conforming Rate 4.25% 4.51% 30-Year Fixed-Rate Jumbo 4.50% 4.61% 15-Year Fixed-Rate Jumbo 4.28% 4.54% Source: Wells Fargo, Current Mortgage and Refinance Rates (accessed: June 3, 2022): https://www.wellsfargo.com/mortgage/rates/?linkLoc=fn The City, other public agencies, and community-based organizations offer various programs and assistance to people seeking to purchase their home. These programs help to ease the constraint of limited finance accessibility for homebuyers. These programs include: CalVET Home Loans, MyHome Assistance Program, Mortgage Assistance Loan, School Teacher and Employee Assistance Program, and Homeownership Assistance Program. The City will also provide homeownership assistance where feasible and where funding permits. Rising interest rates and inflation have also affected the financing for multi-family residential projects. Market-rate apartment construction loans range from 5 to 8 percent, and higher if the developer has poorer credit. The federal government offers lower interest loans for affordable housing development. For example, apartment construction loans for the Section 221d(4) program can range from 3 to 4 percent with longer payoff periods. The City may assist the development of affordable apartment if HOME, CDBG, or other funds are available. It is assumed that residential developers will have sufficient financial resources available and can access additional gap financing, if needed, to finance the construction of their projects. Because financing terms are similar throughout the broader metropolitan region and because most developers have some level of capital resources, it would not be expected that financing would pose unique constraints to developers in the City of San Bernardino. Packet Page. 1168 Housing Constraints City of San Bernardino General Plan – Housing Element 3-61 3.1.4 Development Fees and Exactions The SBMC (Ch. 19.32.030) requires developers to pay fees and development exactions to recover the costs of providing services for their projects. Development impact fees are charged to help ensure that quality services and facilities in San Bernardino continue to be available to its current and new residents. The City of San Bernardino's fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Other agencies, such as school districts, may also charge impact fees to cover the costs of expanding or providing new services. To determine the total fee burden and its potential impact on residential development, the City compiled all fees paid by developers for residential projects in the City. A condominium prototype was also included because no recent projects had been developed. Table 3-16 provides a summary of all fees charged for the processing and approval of residential projects. This is followed by a detailed list of the City’s planning fees (Table 3-17) and by a list of development impact fees charged by the City and outside agencies (Table 3-18). Table 3-16 Residential Development Fee Scenario Development Scenarios Project Fee Components Single-Family Homes Condominium Homes Apartment Homes Total Project Fees $43,747 $35,923 $24,490 Total Planning Fees $450 $851 $186 Total Building & Safety Fee Costs $2,174 $537 $617 Total Land Development Costs $3,086 $5,555 $1,003 City Impact Fees $18,792 $13,127 $8,441 Outside Agency Impact $19,245 $15,854 $14,244 Total Per Unit Costs $43,747 $35,923 $24,490 Percent of Sales Price 8% 8% N/A Source: City of San Bernardino, 2021. Residential development fees average 8 percent of the estimated sales price for single-family homes and condos--well below the 10 percent threshold often considered a potential concern. The City’s fees are modest given that 45-58 percent of the total fee burden is due to outside agencies (e.g., water, sanitation, and school district). This fee burden does not constrain housing development, as the total fee burden is lower than many other cities. However, in accordance with SBMC 3.27.170, the City may offer deferrals for any development impact fee with approval of the City Council if they find that such a deferral would help improve or make project financing fairer. Packet Page. 1169 Housing Constraints 3-62 January 2024 Table 3-17 2021 Residential Planning Division Fees Type of Application Base Fee1 Amendment to Conditions -Director Review (Admin. Permit) -D/ERC Review (Development Review) -PC Review (CUP/DP/SUB) - $575 -$2,890 -$4,070 Conditional Use Permit -Minor Use Permit -Residential (Condo, PRD) -$4,625 -$5,555 Development Code/Zoning Map Amendment $9,925 Development Permit -Administrative Permit (Director Review) -Development Permit (D/ERC Review) -Development Permit (PC Review) -$1,965 -$6,810 (0 to 5 acres)/$11,905 (>5 acres) -$8,040 (0 to 5 acres)/$15,455 (>5 acres) Environmental Fees CEQA is prepared by the developer; no fee assessed General Plan Amendment $3,570 General Plan Maintenance 2% added to all Community Development fees Letter of Zoning/GP Consistency $245 Minor Exemption or Modification $105 | $380 Planning Lot Line Adjustment $1,255 Pre-Application Review - D/ERC Review $3,440 Specific Plan/Amendment $3,000 (based on specific plans submitted) Tentative Map Revision - Tract/Parcel $4,125 Tentative Parcel Map $5,170 Tentative Tract Map (SFR/Condo/PRD) $6,850 plus $25 per lot -Variance Regular -w/ another application - w/ single-family residence -$2,065 -$990 -$260 Development Agreement/Amendment (DAA) Residential builders have not requested DAAs. Affordable projects would likely be governed by a covenant. And while TTMs and PMs are required for many projects, a vesting TTM is not required nor has that service been requested in well over a decade. Vesting Tentative Tract Map (TTM) Appeal of Decisions Reconsider of Planning Commission Decision Appeal to the Planning Commission Appeal to the City Council $2,670 plus the cost of noticing $4,295 plus noticing costs and $430 nonapplicant fee $2,850 plus noticing costs and $285 nonapplicant fee Source: San Bernardino: Master Fee (2020); all fees subject to a 2% Technology and 2% General Plan Maintenance fee. Packet Page. 1170 Housing Constraints City of San Bernardino General Plan – Housing Element 3-63 Table 3-18 2021 Development Impact Fees Fee Amount Fee Type Single-Family/ Detached Multi-family/ Attached City Fees (per du) Police Fees $639 $566 Library Fees $637 $505 Parks Fees $9,517 $7,533 Water and Sewer3 $10,0051 $9,1292 Regional Circulation $2,345 $1,626 Local Circulation $232 $155 Public Meeting Facilities Fee $1,098 $861 Aquatics Facilities Fee $326 $258 Storm Drain Fees $3,925 $1,620 Fire Fees4 $1,9685 $3,4456 School Fees (New housing > 500 sq. ft.7 $8,160 $4,080 Source: City of San Bernardino, Land Development Division, Fee Schedule (July 2018); SBMWD, Rule 5 & 25 (July 2021) and Sewer Capacity Fee Schedule (March 2010); SBC USD School Fees (May 2020); San Bernardino CFPD FY 2020/2021 Fee Schedule. Notations: 1 Single-family impact fee assumes a 5/8-inch domestic hookup charged per unit by Equivalent Meter Unit (EMU) metric (equaling $5,730). The estimate also includes a $180 water hookup application fee, a $415 sewer later permit inspection fee, a $180 sewer service application fee, and a $3,500 sewer connection fee. 2 Multi-family impact fee assumes an effective 5/8-inch domestic hookup with ¾-inch landscape hookup charged per unit by 50 percent of EMU metric (50 percent of $5,730). Estimates also includes $180 water hookup application fee, $415 sewer lateral permit fee, $180 sewer service application fee, and $2,624 sewer connection fee (for four or more units). 3 Water and Sewer impact fee estimates come from the SBMWD) which services most properties in the city. Some properties in eastern San Bernardino are served by the East Valley Water District, whose fees would apply instead of SBMWD's. 4 SBCFPD does not charge development impact fees, but the planning and inspection fees likely contribute to financing capacity increases. These estimates represent the planning and inspection fees for both single- and multi-family housing. 5 SBCFPD single-family estimate includes sprinkler plan review per system or plan type ($425), construction plan review ($186), tract home inspection fee per lot ($128), site plan review ($851), and subdivision/tract tentative parcel map (1 to 4 units) ($378). 6 SBCFPD multi-family estimate includes sprinkler plan review ($756), construction plan review per building or plan type ($567), construction site inspection per building ($657), site plan review ($851) and subdivision/tract parcel map (5 to 100 lots) ($614). 7. School fees assume a 2,000 single-family residential dwelling and 1,000 square foot multi-family dwelling at $4.08/psf The City of San Bernardino has, in the past, reduced impact fees to facilitate housing construction. In 2010, during the last recession, fees were reduced for four years until the economy improved. This included impact fees for law enforcement facilities, fire suppression facilities, libraries, aquatics, and parkland acquisition. Approximately a dozen planning fees were also reduced by 50 percent, and deferrals were available for other impact fees for a period of four years. Packet Page. 1171 Housing Constraints 3-64 January 2024 Other Nongovernmental Constraints In accordance with AB 879, the Housing Element must analyze additional potential and actual nongovernmental constraints, including requests to develop housing at densities below those anticipated in a specified analysis, and the length of time between receiving approval for a housing development and the submittal of an application for building permits for that development. The following is a high-level assessment of how density and timing affect housing development. Density of Development Developers build a variety of housing types with varying densities based on market niches and consumer demand. Based on a review of 12 projects (Table 3-7), the average density of projects is 85 percent in the RL zone and hovers around 90 percent in the RM, RMH, and RH zones. Condo projects are expected to achieve a lower density due to larger units. Otherwise, expected densities are typical unless the site is irregularly shaped or very small. The following are specific examples: » Apartments. The three affordable projects (Magnolia at Highlands Valencia Vista, Crestview) were built at 115 percent of maximum density in the last few years. Two market rate apartments (Ferndale and Amber Cove) achieved 92 percent of maximum density. » Single-family. The three market rate condo projects (at 4, 8, and 12 units) were approved at densities of 67 to 87 percent of maximum for an average of 80 percent. Three single- family housing projects came in at 85 percent of maximum density. Timing of Development The length of time between receiving approval for a housing project and submittal of an application for a building permit will vary depending on conditions on the ground and the market. If the subdivision requires infrastructure, the developer could delay project completion until all infrastructure is in place. A review of projects that are representative of trends found the following: » Apartments. The 84-unit Amber Cove project was approved September 2018 and issued building permits in December 2019, a total of 15 months. The 27-unit Sterling project was approved in July 2022 and issued building permits in June 2023, for a total of 11 months. » Single-Family. The 95-unit Warmington project was approved in July 2022 and building permits were issued October 2023, a total of 15 months. The 12-unit Kendall project was approved August 2018 and building permits were submitted 11 months later in July 2019. As noted above, the timeframe for single-family and multiple family residential projects being approved by the Planning Department and filing for or receiving a building permit ranges from one to one and one-half years. These times are relatively equal and within industry standards. Packet Page. 1172 Housing Constraints City of San Bernardino General Plan – Housing Element 3-65 3.1.5 Transparency Requirements In 2019, the California Legislature passed AB 1483, which increases transparency for residential development project applicants. Specifically, AB 1483 requires agencies to publish on their websites specific financial and impact fee studies along with general plan/zoning and residential development standards. Adopted in 2021, AB 602 requires a city to also post their written fee schedule online or include a link directly to the written fee schedule on its internet website. Moreover, agencies must update this information within 30 days of any changes. Under both these transparency bills, a city is required to post the following information online: » Current schedule of fees, exactions, and affordability requirements imposed by the City, county, or special district applicable to a proposed housing development project. » General Plan designations and zoning for each parcel in the community and the development standards for each parcel, including other regulatory requirements. » Current and five previous annual fee or financial reports and archive of impact fee nexus studies, cost of service studies, or equivalent done by the City on/after January 1, 2018. Table 3-19 outlines the documentation required to be made available online and the web path. The City has also launched a financial analysis platform powered by OpenGov.com that gives residents, elected officials, and staff access to the City’s finances and shows how taxpayer money is collected and spent. The platform is accessed at www.SBCity.org/OpenSB. Table 3-19 AB 1483 Required Documents and Website Access Required Documents Online Location Fees, Exactions & Affordability Reqds. Master fee schedule and Development Fees: https://www.sbcity.org/city_hall/finance/fees_charges GenPlan/Zoning for parcels; Development Standards for Zones Step 1: Access General Plan and Zoning for each parcel on GIS: https://sbcity.maps.arcgis.com/apps/webappviewer/index.html?id=dcca6aa4816b4021bd9364888ba669fd Step 2: Access Development Standards for each zone at: https://www.sbcity.org/cms/one.aspx?portalId=17442546&pageId=18189334 Current & Previous (5) Fee & Financial Reports All Previous Financial Reports: https://www.sbcity.org/city_hall/finance/financial_reports Impact Fee Nexus or Cost of Service Studies/etc. Homepage>City Hall>City Manager’s Office>Budget Books Archive of Operating Budgets (through 2008): sbcity.org/cityhall/city_managers_office/budget_books/default.asp Source: City of San Bernardino, 2022. Packet Page. 1173 Housing Constraints 3-66 January 2024 3.3 ENVIRONMENTAL CONSTRAINTS Environmental hazards such as flooding, fire hazards, geologic, and seismic conditions provide the greatest threat to the built environment in the Inland Empire. Water supply and infrastructure are critical to support residential growth, particularly in drought conditions such as those frequently experienced in San Bernardino and throughout Southern California. 3.1.6 Environmental Hazards The primary environmental hazards in San Bernardino are flooding, fire, and seismic/geologic. The City is also subject to high winds, but these are insufficient to constrain development. The following analyze the three primary environmental hazards affecting residential development. Flooding Hazards Flooding hazards in San Bernardino include riverine flooding, urban flooding, and dam failure. Recent flooding events happened in 2006, 2007, 2008, and 2010, mostly along the community’s southeastern and northern areas along the Santa Ana River, International Airport, and along the entrances of canyons near the San Bernardino Mountains. Urban flooding can happen where water levels, from precipitation for example, rise faster than the site’s natural drainage can release water elsewhere. If drainage infrastructure (e.g., gutter or flood channel) becomes impeded, it could cause flooding on the street level and impact nearby land uses, including housing. Dam failure could also cause flooding. Seven reservoirs in the area could potentially cause dam inundation in San Bernardino. The reservoir that has the greatest inundation potential is the Seven Oaks Dam east of the community in nearby Highland. If this dam failed, it would send floodwaters down the Santa Ana River that would reach San Bernardino in 30 minutes. Since the southern section of San Bernardino near the Santa Ana River supports mostly industrial and commercial uses, the risk to existing housing is low. Potential future redevelopments of parcels in this area for new residential uses, however, could increase their exposure to flooding hazards. The SBMC Flood Plain Overlay Zone (SBMC Chapter 19.16) regulates all development in identified floodplains, areas of flood-related erosion hazards, and areas of mudslide (e.g., mud flow) hazards. The City requires developers to obtain an approved Flood Control Development Permit if proposals are submitted for projects in these designated areas. Developers must also adhere to additional safety standards, such as anchoring structures, construction materials and methods, elevation and flood proofing, utility standards, and other requirements determined by the City. These standards are required to ensure the public health, safety, and welfare of residents. Packet Page. 1174 Housing Constraints City of San Bernardino General Plan – Housing Element 3-67 Fire Hazards Urban-wildland interface fires pose a threat to residential development. The California Department of Forestry and Fire Protection (CAL FIRE) has identified Very High Fire Hazard Severity Zones (VHFHSZ) in northern San Bernardino. Affected neighborhoods include Shandin Hills, North Park, Cajon, Mountain Shadows MHP, Belvedere, Borea Canyon, Waterman Canyon, Devil Canyon, Verdemont, CSU San Bernardino, Bailey Canyon, Devore Heights, Cook Canyon area, and the surroundings for these areas. California has three laws to reduce wildfire risks that influence the development of housing: • Cal. Govt. Code § 65302(g)(3) requires local governments to adopt policies and programs to either steer development out of VHFHSZs or adopt stringent development and building design standards that effectively mitigate fire hazards. • SB 901 (2018). As of July 2021, lands identified as VHFHSZs, incorporated or unincorporated, must comply with California Fire Safe Regulations for roadway design for emergency access, signage of buildings, water supply for fire suppression, and vegetation management. • SB 99 (2019) and AB 747 require all new residential developments in fire hazard areas to have a minimum of two points of ingress or egress connecting them to a City-identified and -adopted effective emergency evacuation route. The City has adopted an evacuation route consistent with the Resilient IE project routes. Additionally, the SBMC contains the Foothill Fire Zones Overlay zone (FF) and establishes its regulations in Chapter 19.15. It classifies the lands under its governance into several zones: » Zone A, Extreme Hazard: areas with slopes of 30 percent of more. » Zone B, High Hazard: areas with slopes between 15 to 30 percent. » Zone C, Moderate Hazard: areas with slopes between 0 to 15 percent. » Zone C Abutting Wildlands: areas on the perimeter of Zone C adjacent to wildlands. Fuel Modification: areas where native vegetation has been removed or modified. Wildlands: areas that are unimproved. Within these zones, the Overlay Zone ordinance applies special regulations pertaining to access and circulation, site and street identification, roadside vegetation removal, water supply, erosion, and construction design standards, including fuel modification plan. Packet Page. 1175 Housing Constraints 3-68 January 2024 Geological Hazards San Bernadino’s location near the San Andreas Fault to the north, its hillside topography, and high water table pose geological safety hazards to the community. Geological hazards include seismic shaking, landslides, liquefaction, and fault rupture. The San Andreas Fault Zone runs through the north side of San Bernardino where it meets the foot of the San Bernardino Mountains, and the San Jacinto Fault Zone runs along the City’s western and southern borders. Both faults are the source of seismic activity. Alquist-Priolo Fault Zones extend one quarter-mile in width around these two fault lines. Alquist-Priolo Fault Zones are established by California Public Resources Code §§ 2621 to 2630, which mandates that local governments require developers to submit a geologic report that defines potential surface fault rupture hazards for any proposals within the identified Alquist-Priolo Fault Zone. Local governments may request permission from the State Geologist to waive this requirement if it determines that no fault rupture hazard exists in the fault zone. The City’s 2016 Local Hazard Mitigation Plan identifies the Bunker Hill Groundwater Basin as a potential factor increasing the risk of future liquefaction in the City. Liquefaction events are possible when the water table sits within 50 feet of the ground surface. The water table beneath San Bernardino is less than 50 feet from the ground’s surface, with some sections as close as 10 feet, though this has historically varied due to drought conditions. Areas most susceptible to liquefaction include the northwestern section of the City near the I-15/I-215 junction, the Nena and Verdemont neighborhoods, and most of the City south of Highland Avenue. Landslides occur in sloped and hilly areas where the stability of soil or rocks on the surface decreases, either as a result of a seismic event or erosion. The majority of the landslide risks exist along the northern area of San Bernardino where it meets the San Bernardino Mountains as well as in Shandin Hills. The SBMC Hillside Management Overlay Zone (Chapter 19.17) regulates the maximum allowed residential density in areas with a slope of 15 percent or more. Given that the development of residential uses and associated construction of new roads and utilities in hillier areas is likely more costly by default compared to the valley floor, the Overlay Zone requirements should not be seen as a constraint on the development of new housing. San Bernardino is affected by geologic, seismic, and wildfire hazards due to its location and topography. Therefore, the City implements state-mandated measures supplemented by local regulations to preserve and protect San Bernardino’s housing stock. Although risk reduction measures increase overall construction costs for developers to some degree, the measures should not be viewed as constraint on the availability of housing because they are common measures implemented by other local governments in similar settings, and their beneficial impact in protecting the health and safety of residents outweighs their costs. Packet Page. 1176 City of San Bernardino General Plan – Housing Element 4-1 4.0 HOUSING RESOURCES This chapter addresses the City’s projected housing needs, the City’s strategy for providing housing commensurate with its needs, an inventory of housing sites that can accommodate new housing, and the financial and administrative resources at its disposal for addressing those needs. 4.1 HOUSING PRODUCTION NEED State law requires the housing element to contain an analysis of population and employment trends, documentation of projections, and quantification of the locality’s existing and projected housing needs for all income levels. REGIONAL HOUSING NEEDS The Regional Housing Needs Assessment (RHNA) is a state-mandated process that determines the amount of housing that each local government must plan for in their housing elements. The RHNA process seeks to ensure that each city shares in the responsibility for addressing the housing needs of its resident population and its projected share of housing growth in the region. The projected share refers to the minimum number of units that will accommodate the forecast growth in the city, replace units that may be demolished, and account for normal vacancy rates. The 2021-2029 RHNA process began with the Department of Housing and Community Development’s (HCD) projection of regional estimates of housing need based on population projections from the California Department of Finance. HCD apportions the statewide housing need to regional councils of governments. For this housing element cycle, the southern California region has been allocated a total of 1.34 million new units for the 2021-2029 planning period. This RHNA allocation for 2021-2029 is nearly three times the allocation of prior housing element cycles (2013-2021) and earlier, largely due to the historic underproduction of housing units. As southern California’s designated council of governments, the Southern California Association of Governments (SCAG) develops a methodology to allocate, by income level, the region’s share of statewide need to each city. This process is achieved as part of the regional Sustainable Communities Strategy (formerly Regional Comprehensive Plan). In allocating housing needs among local governments, SCAG considers the following factors, including market demand for housing, employment opportunities, availability of suitable sites and public facilities, commuting patterns, type and tenure of housing, loss of units in assisted housing developments, and overconcentration of lower income households. Packet Page. 1177 Housing Resources 4-2 January 2024 The City of San Bernardino was allocated a final housing planning goal of 8,123 housing units for the 6th cycle housing element, from 2021 to 2029. This is approximately twice the housing planning goal of 4,384 units for the 5th cycle housing element, for 2013 to 2021. For this present round, the City’s housing allocation is 31 percent lower income (which includes extremely low, very low, and low income), 18 percent moderate income, and 51 percent above moderate income. Table 4-1 Regional Housing Needs Allocation, San Bernardino, 2021 to 2029 HOUSEHOLD INCOME CATEGORY DEFINITION OF INCOME CATEGORIES NUMBER OF HOUSING UNITS PERCENT OF ALLOCATION Extremely Low Income 0–30% of AMI 708 8.7% Very Low Income 31–50% of AMI 707 8.7% Low Income 51–80% of AMI 1,097 13.5% Moderate Income 81–120% of AMI 1,448 17.8% Above Moderate Income Over 120% of AMI 4,163 51.3% Total 8,123 100% Source: SCAG 6th Cycle Final RHNA Allocation Plan, 2021. Note: Income category definitions are derived as a percentage of area median family income. In complying with this mandate, cities are not required to build nor financially subsidize the development of housing. However, cities are responsible to ensure that enough sites are available that are adequate to accommodate housing at the designated affordability levels. Generally, local governments are allowed to address their RHNA in three ways: • Housing Production. The City can rely on housing built and occupied (received a certificate of occupancy) after July 1, 2021, to satisfy the RHNA by income level. Proposed projects can also be included if they are likely to be approved and built from July 2021 to October 2029, subject to adequate documentation being provided. • Accessory Dwelling Units. While HCD has historically allowed ADU units to count toward the RHNA, changes to state law have expanded the use of this strategy for the housing element. Cities may count the production of ADUs toward their RHNA in accordance with specific statutory regulations. • Available Land. Most cities lack enough residential projects in the pipeline to meet the RHNA. Therefore, housing element law allows cities to count development capacity on vacant and underutilized sites for housing, provided adequate documentation and proof of feasibility of development are provided and accepted by HCD. Packet Page. 1178 Housing Resources City of San Bernardino General Plan – Housing Element 4-3 HOUSING PRODUCTION CREDITS As noted earlier, residential projects in the development pipeline can be credited toward the City’s 2021-2029 RHNA if they meet certain criteria—specifically those that are permitted and will receive their certificate of final occupancy (C/O) or final inspection after June 30, 2021. The City of San Bernardino has more than 60 approved, entitled, and/or pending residential projects that will be built and receive their final inspection after July 1, 2021. Figure 4-1 shows the distribution of housing units permitted by type as of July 2022. Of this total, approximately 50 percent of all new units are single-family homes. Many of those projects are built on the periphery of the City—in Verdemont, near Loma Linda, and in south Rialto. Apartments were the second largest segment of residential development activity, accounting for 37 percent of all new permits. ADUs comprised 5 percent of the total units. The remaining projects include condos/ townhomes, permanent supportive housing), and all others. These production totals do not include shelters or transitional housing. With pipeline residential projects alone, San Bernardino will have satisfied 22 percent of its lower income RHNA requirement, 32 percent of its moderate-income requirement, and 39 percent of its above moderate income requirements. With ADU production, as discussed later, the City will also have addressed approximately 25 percent of its lower income RHNA requirement. Taken together, while the City is only in the first year of the planning period, approximately 25 percent of its total RHNA is anticipated to be satisfied due to pipeline projects. Table 4-2 lists more than 50 residential projects encompassing that will be credited toward the 2021-2029 RHNA. These projects are based on applications reviewed by City staff, not just a sample of projects listed on the City’s webmap. Project affordability is based on market prices and rents, discussions with developers, and/or affordability agreements. In analyzing these projects, the City has approved a broad array of projects—conventional single family homes, apartments, manufactured housing, and special needs housing. Accessory dwelling units, another key source of affordable housing, are addressed later. APT CON MH PSH SFR 2-4 DU Figure 4-1 Pipeline Housing Projects Packet Page. 1179 Housing Resources 4-4 January 2024 Project Feasibility Because of the reliance on pipeline residential projects to meet the City’s RHNA, HCD required a further assessment of the status of pipeline projects to ensure that such projects can reasonably be completed within the planning period. Additional affordability assumptions for projects were also provided to justify credits toward the City’s 2021-2029 RHNA by income category. As evidenced by the updated status for each project, the City has demonstrated a proactive and successful effort in facilitating and encouraging the development of housing. The following text description and table detail the status, affordability, and likelihood of development for each project during the 2021-2029 planning period. • Project Status. All projects in Table 4-2 have received Planning Approval unless noted. For projects that have advanced forward, an additional status is shown. All projects have been either approved by the Planning Director (ADPs), approved by the D/ERC or Planning Commission, or City Council in the case of those involving legislative actions. Of the market rate units, 50 percent are built or under construction and 33 percent are in building plan check or map recording process. The three large affordable projects are moving forward and discussed later. Should an entitlement expiration date arise for any of the projects, the City is actively working with these developers wherever needed to extend projects. • Housing Affordability. Affordability of “market rate” residential projects to different incomed levels was determined by apartment listings and market rents. All single family homes, unless noted, are affordable to above moderate income households. Apartments are affordable to moderate income households based on rent surveys or comparables. There are no Class A apartments or projects renting for above-moderate income levels. For projects affordable to lower income residents, affordability is determined by a covenant or funding source. Affordability covenants are recorded on the property when agreements are executed for funding or, in the case of a property transfer, at the time the deeds are recorded. The covenant or deed restriction ensures the affordability of the units at the incomes approved for the period agreed upon as required by the funding sources. • Availability during planning period. All residential projects listed in Table 4-2 are anticipated to be built and occupied during the planning period. Of the eight projects approved, staff reviewed each and were not aware of any reason for such projects not moving forward, such as infrastructure requirements, location of projects on contaminated sites, or other unique project issues. All of approved residential projects have received a thorough interdepartmental review by the D/ERC prior to receiving a project approval and would have been withdrawn if mitigation measures were too costly. Staff is confident that all projects will be built and occupied during the 2021-2029 planning period. Packet Page. 1180 Housing Resources City of San Bernardino General Plan – Housing Element 4-5 Table 4-2 Pipeline Housing Projects Credited to the RHNA PERMIT # UNIT TYPE TOTAL UNITS %MAX DENS. APNS STATUS AFFORD YEAR BUILT ADP19-002 QUAD 4 43% 028111201 Const AMod-Market Jan’24 ADP19-010 CON 2 21% 028111205 Const AMod-Market Jan’24 ADP19-044 QUAD 4 43% 028111220 Built AMod- Market Dec’22 SUB17-08 SFR 84 37% 034811105 --25 034812118, -20,-21 PendExt. AMod- Market Dec 25 SUB19-15 SFR 2 115% 015201206 MapRec AMod- Market Dec’24 DP-P19-01 SFR 5 58% 0281-172-19, 20 Built AMod- Market Jan’22 SUB19-02 SFR 2 138% 013917409 MapRec AMod- Market Dec’24 SUB19-05 SFR 4 94% 027103179 MapRec AMod- Market Dec’24 DP-D20-08 CON 8 87% 014723107 BldgPC AMod- Market Dec’24 DP-P20-02 SFR 96 83% 028116148 Built AMod- Market Oct’23 DP-P20-03 SFR 16 80% 026107209 Built AMod- Market Sep’22 DP-P20-05 SFR 74 38% 026103110, to -14 034811113, to -14 Const AMod- Market Jun’25 DP-P20-08 APT 27 95% 027237259 Const Mod-Apts.com Dec’24 ADP21-005 MFG 1 49% 014016138 Apprvd Low- H4H Dec’24 ADP21-012 MFG 1 45% 014603104 Built Low- H4H Sep’22 ADP21-013 MFG 1 73% 014003322 Built Low- H4H Sep’22 ADP21-014 MFG 1 86% 014001211 Built Low- H4H Sep’22 ADP21-030 DUP 2 50% 013909132 BldgPC AMod- Market Jun’24 DP-D21-04 DUP 2 33% 119128231 Apprvd AMod- Market Jun’24 DP-D21-13 APT 10 57% 028113207, -22 BldgPC Mod - Market Dec’24 DP-P21-01 APT 20 84% 015533111 PendExt. Mod - Market Dec’25 DP-P21-03 SFR 12 115% 014262113 to -24 Const AMod- Market Dec’24 DP-P21-04 SFR 15 106% 026166147 to -62 Const AMod- Market Dec’24 DP-P21-05 MFG 13 38% 014281101 to -14 Built AMod- Market Jun’23 DP-P21-06 SFR 95 20% 014319159 Const AMod- Market Dec’25 DP-P21-07 SFR 134 30% 028521101, 21-23 BldgPC AMod- Market Jun’26 DP-P21-09 SFR 32 93% 014206232 BldgPC AMod- Market Dec’24 SUB21-03 SFR 16 91% 015122121, -22 BldgPC AMod-Market Dec’24 SUB21-06 SFR 4 61% 014318162 Approved AMod-Market Dec’25 Packet Page. 1181 Housing Resources 4-6 January 2024 Table 4-2 Pipeline Housing Projects Credited to the RHNA PERMIT # UNIT TYPE TOTAL UNITS %MAX DENS. APNS STATUS AFFORD YEAR BUILT SUB21-08 SFR 2 111% 028516214 BldgPC AMod-Market Dec’24 SUB21-10 SFR 9 81% 026105204 Approved AMod-Market Dec’25 SUB21-11 SFR 25 76% 026115110 BldgPC AMod-Market Dec’24 DP-P23-08 CON 40 63% 014204115 Approved AMod-Market Jun’26 DP-P23-02 SFR 14 86% 026115208 Review AMod-Market Dec’25 DP-P16-03 SFR 16 88% 026115107 Built AMod-Market Oct’23 DP-P16-04 APT 38 63% 013630256 Built Mod-Apts.com Mar’22 DP-P16-06 APT 84 124% 014135209 Built Mod-Apts.com Aug’21 DP-P18-03 CON 12 67% 015121108 BldgPC AMod-Market Dec’24 DP-P18-05 APT 70 112% 014135221 to-24 BldgPC Mod-Apts.com Jun’25 DP-P18-06 MH 51 63% 119967113 BldgPC Low-Market Dec’25 DP-P18-08 SFR 6 126% 014232504 Const AMod-Market Jun’24 DP-P18-09 SFR 6 118 015208104 Const AMod-Market Jun’24 DP-P19-01 SFR 5 58% 02817219, -20 BldgPC AMod-Market Dec’24 EOT 19-12 SFR 44 68% 026101108, 13, 14 Approved AMod-Market Dec’26 SP16-01 SFR 120 N/A 026118116 Built AMod-Market Dec’22 DP-P22-03 APT 12 77% 014518113 Const Mod- Market Dec’24 Publicly Subsidized Projects CUP21-02 PSH 30 81% 014521155 BldgPC VL – HCD VHHP Jun’25 B2100575 PSH 75 N/A 013409344 Built VL : Homekey Mar’23 T2100052 Crestview APT 184 95% 014730203 Built 147L|37M-PBV LIHTC, AHSC Dec’21 Seccombe Workforce APT 300 100+% 135041120 Design 120L|180M- SLA, City funds Jan’28 ArrowGrove Phase IV-V APT 213 100+% 027903138 Approved 166L|47M: see project writeup Jan’26 Eccl. Church APT 51 N/A 027211101 In review VL: HOME, PBV Jan’26 Housing Unit Type SFR = Single Family Res APT =Apartments MH = Mobile Homes CON = Condominium Permit Status EOT = Extension of Time SUB = Subdivisions DP = Development Permit CUP = Conditional Use Income/Afford. VL = Very Low L -= Low Mod = Moderate AMod=AboveModerate Project Status Built = Project built and finaled Const = Under construction PendExt = Extension request Approved: Planning approved BldgPC: Building Plan Check In review: project being reviewed Packet Page. 1182 Housing Resources City of San Bernardino General Plan – Housing Element 4-7 SAMPLE PIPELINE PROJECTS The following describes characteristics of key projects credited toward the 2021-2029 RHNA. These residential projects and their affordability levels were summarized in Table 4-2. Single-Family Residential The City has approved single-family residential projects, and many are under construction. These range from infill developments to larger subdivisions on vacant land. The following are representative projects under construction in northern San Bernardino. Belmont Collection Belmont Collection is a 16-unit single-family residential project built in Verdemont Heights, at the base of the San Bernardino National Forest. This project offers homes for large families and large households. Homes include four- and five- bedroom units ranging from 2,900 to 3,160 square feet. Each plan offers a high level of amenities on- site, including walk-in closets, energy-efficient appliances, attached garage, and front yard landscaping with built-in irrigation. Sales prices start in the low $700,000s and are affordable to above moderate-income households. Rancho Palma Mixed Use In 2015, the City adopted the Rancho Palma Specific Plan, a mix of residential, retail, and recreational uses. Trumark Homes has completed the development of 120 single-family homes ranging from 2,100 to 3,200 square feet on 5,000- to 7,000-square-foot lots. This project contains amenities such as multiple parks and RV parking. The project is located near schools, employment, shopping, dining, outdoor sporting, and recreation. Sales prices ranged from $600,000 to upwards of $750,000 and were affordable for above moderate-income households. Belmont Collection Construction Rancho Palma Homes Packet Page. 1183 Housing Resources 4-8 January 2024 GFR Homes GFR Homes subdivided 66 acres of land to build 84 single-family homes, each with an attached JADU to the front with access from the interior courtyard. This project will provide much-needed housing to San Bernardino residents and offer a variety of housing units for small to large families. The homes are priced upwards of $750,000. According to the developer and, as supported by listings on Apartments.com, the 300-square foot JADU rent for $1,000 per month, which is affordable to lower income households. GFR Homes has already built three phases and is commencing on the final phase of development. Enclave Communities Enclave Communities is in southern San Bernardino near I-10. The project site comprises 9.6 acres, subdivided for a planned residential development. The City approved a general plan amendment to redesignate the site from Commercial to Multi-family Residential and change of zoning from CG-1 to RM (multi-family). This 96-unit detached single-family residential project has been completed. These homes sold for prices beginning at $550,000, which are affordable to above moderate-income households. Infill Homes The City is partnering with NPHS to build affordable single-family housing on infill parcels. The goal is to make homeownership more accessible. Presently, four manufactured housing units are approved for construction. NPHS deed restricts these units as affordable to lower income households through long-term affordability covenants. As of 2023, and three housing units have been built and additional units are anticipated to be built through 2029. An unspecified number of units will also be ADUs. Subdivision 17-08, GFR Homes Enclave/Century Communities Packet Page. 1184 Housing Resources City of San Bernardino General Plan – Housing Element 4-9 Public Housing Replacement National Core is leading the effort along with other partners to replace the 1940s-era Waterman Gardens project into one that supports educational attainment, economic mobility, and wellbeing. To make way for the project, the dilapidated Waterman Gardens was completely demolished. Phase I and II projects were built -- the Valencia Vista and Olive Meadow – prior to 2021. Therefore, only the remaining phases, described below, are credited toward the 2021-2029 RHNA. Crestview Terrace (Phase III) Crestview Terrace (Phase III of Arrowhead) includes 184 apartment units with modern kitchens, large closets, in-unit washers/dryers. Residents enjoy amenities, including a community center, business center, outdoor swimming pool, fitness room, walking paths, outdoor play areas, and barbecues. This project is funded with LIHTC, AHSC funds, and project-based vouchers--requiring 147 of the units to be deed restricted as affordable to lower-income households. The remaining 37 apartments are market rate affordable to moderate income households. The project is complete, and received its C/O in late 2021. Arrowhead Grove Phase IV and V Arrowhead Grove Phase IV and V will involve the development of up to 300 units and two community centers. Three projects–senior, mixed-use, and single-family–are envisioned. In 2023, Phase IV (92-unit project) received $3 million for two community centers. In 2023, HASCB applied for $5 million in Pro-Housing funds to be awarded in January ‘24. HASCB anticipates allocating PBVs, County HOME funds, LIHTC, and SBCTA grants to ensure project affordability to low income residents. Since the land is county-owned, affordability will be based on funding sources and associated covenant and restriction. Arrowhead Grove, Phase IV-V Crestview Terrace Packet Page. 1185 Housing Resources 4-10 January 2024 Apartments In addition to revitalizing and replacing public housing, the City is also facilitating and encouraging the production of apartments for families and seniors during the planning period. Of the many apartment projects approved and underway, two examples follow. Amber Cove Amber Cove, an 84-unit apartment project, was recently built at 330 Wier Road. The apartments include one- and two-bedroom units renting for $1,550 and $2,050, respectively. The apartments offer a pool, courtyards, and easily accessible on-site parking. Other amenities include balconies, granite counter tops, walk-in closets, and wheelchair-accessible rooms. The apartments are within a 15-minute drive to Loma Linda University and San Bernardino Valley College and a short walk to shopping and dining. Amber Cove Apartments is affordable to moderate-income households. Ecclesia Christian Fellowship Ecclesias Christian has initiated an application to develop its land for affordable housing. Jamboree Housing will develop a 51-unit apartment project. Jamboree Housing is finalizing site control so that the project can move forward. The project will contain 1, 2, and 3 bedroom units with rents affordable to extremely and very low income households. The City and County are developing a fund/financing plan which may include 23 PBVs, City HOME funds, County funds, and additional funding to ensure 100% affordable to lower income residents. A City-county funding agreement will be finalized with recording of an affordability covenant and deed restriction if a land transfer occurs. Ecclesia Fellowship Amber Cove Apartments Design concept pending Packet Page. 1186 Housing Resources City of San Bernardino General Plan – Housing Element 4-11 Echo Apartments The 38-unit Echo Apartments was recently completed (built, finaled, and occupied) at 505-535 W. Rialto Avenue. This property contains three buildings consisting of two to four-bedroom (all two bathroom) units that are designed to accommodate larger families, including those with more than five members. Apartment unit sizes are exceptionally generous in size, and range from 1,100 to 2,300 square feet. The project sits on a 2.75 acre parcel, zoned RMH, and is built at a density of 14 du/ac. Asking rents range from $2,300 to $2,800, which is considered affordable to moderate income large families. Loma Villa Apartments Loma Villa Apartments was completed at 415 East Commercial Road in San Bernardino. This property contains 73 dwelling units consisting of studio, one-bedroom, and two bedroom units that are designed to accommodate a range of household sizes. The apartment project sits on 2.7 acres, zoned RMH, and is built at a density of 26 du/ac. Asking rents range from $2,300 to $2,800, which is considered affordable to moderate income large families. Asking rents range from $1,600 for a studio, $1,850 for a one-bedroom unit, and $2,095 for a two-bedroom unit. These rents are affordable to moderate income households. The property recently sold to an investor group in San Bernardino. Applications for additional apartment properties, including affordable deed restricted projects, are being processed by the Planning Department. These properties are described in detail later in this chapter under surplus housing sites. Echo Apartments Loma Villa Apartments Packet Page. 1187 Housing Resources 4-12 January 2024 ACCESSORY DWELLINGS ADU’s provide a much needed supply of affordable for San Bernardino residents. While many may contend that ADUs are incapable of providing the size of unit or the type of amenities that are suitable for individuals and families of different ages and abilities, these arguments do not hold merit. As discussed below, the City believes that these units not only provide suitable housing for residents but also affirmatively further fair housing goals as well. According to the AARP, ADUs are able to provide the following benefits: • An individual’s housing needs change over time, and an ADU’s use can be adapted for different household types, income levels, employment situations and stages of life. • ADUs offer young people entry-level housing choices. • ADUs enable families to expand beyond their primary home. • ADUs provide empty nesters and others with the option of moving into a smaller space while renting out their larger house or letting an adult child and his/her family reside in it. ADUs offer a diversity of suitability sized units for individuals and families. A survey of the 500 ADUs permitted in the City showed that while ADUs often considered a lower quality of life for families than an apartment due to its size, that is not the case in San Bernardino. Approximately 50 percent of all ADUs permitted were detached units averaging nearly 1,000 square feet in size. Many of these are built in single-family residential neighborhoods with access to a private yard. Garage conversions were also the second most frequently approved, averaging 650 square feet. ADUs also offers residents access to the newest and highest quality housing in the city. GFR is completing an 84-unit single-family housing product (with 84 ADUs) in Verdemont, the highest priced area in the city. New projects, such as the 12-unit Monte Vista Homes includes 12 ADUs that allow new homeowners the ability to afford to purchase a home based on the addition rental income. And finally, nonprofit organizations such as NPHS, who manage the City’s housing rehabilitation program, also build infill housing developments with detached ADUs. Gateway Demonstration Project, NPHS Packet Page. 1188 Housing Resources City of San Bernardino General Plan – Housing Element 4-13 ADU Ordinance Trends Accessory dwelling units are a strategy for San Bernardino to meet its share of the region’s housing need for low- and moderate-income households, particularly for households who seek to augment their income or provide additional accommodations for family members. The City has long permitted ADUs and prior to the planning period averaged several dozen annually. To provide a basis for the ADU projections for the 2021-2029 RHNA cycle, the following outlines changes that have occurred in the City’s ADU Ordinance over the past few years. • Pre-2021 Ordinance Update. Prior to the 2021-2029 RHNA, the City’s Second Ordinance had not been comprehensively updated since 2013. The City was still permitting several dozen second units annually, which is more than most communities in southern California, but the overall production levels were limited. Part of the reason was due to the economic development climate. The City’s bankruptcy in 2014, terrorist attack in 2015, and real estate collapse–all but shut down any housing investment. Moreover, the outdated provisions of the second unit ordinance also served as a disincentive. • MC 1559 Update (2021). In June 2021, the City adopted MC-1559–its first major overhaul of the second unit ordinance. The intent was to bring the ordinance into compliance with recent state laws including, but not limited to: SB 1069 and AB 2299 (2016), SB 229 and AB 49 (2017), SB13 and AB 68, 587, 670, 671, and 881 (2019), and AB 3182 (2020). Among the many changes to the ordinance was that no entitlement was required. This update played a role in a tripling of ADU permits to 80, of which 47 units were permitted after July 1. • Calendar Year 2022. During 2022, the updated ADU Ordinance had now been in effect and developers, investors, and real property owners began to be aware of the ordinance changes. The City also received interest from local developer-engineer-real property partnerships interested in developing ADUs. Building permits issued for ADUs jumped to 147 units (88 percent) due to ordinance revisions and also changes in the demand for new housing as many homeowners began to see the benefits of ADUs. In addition, the overall housing market also began to change with increased housing demand. • Calendar Year 2023. By 2023, the ADU ordinance revisions were well known. Moreover, the City adopted an additional revision, MC-1604, which became effective in January 2023. Developers have become even more savvy in understanding the benefits of ADUs. Of the pipeline projects being counted toward the RHNA, developers are now proposing ADUs or are amending applications to include ADUs. Four such projects (single-family, condominium, etc.) now include a significant number of ADUs. Over the first nine months, 200 permits were issued and are anticipated to top 270 by year end. Packet Page. 1189 Housing Resources 4-14 January 2024 ADU Projections In projecting ADUs forward through the planning period, Figure 4-2 highlights three different projection methods based on statistical trends of three years of actual building permits issued. Method 1, represented by the orange line, refers to a straight line projection–which is unrealistic for projecting units permitted over the next five years as it is simply unrealistic and unconstrained. Method 2, represented by a blue line, is a logarithmic projection, which projects that ADU building permits will reach to 450 annually by 2029. City staff believe this projection method is unrealistic. City staff support Method 3, represented by the green line. It is a conservative estimate as follows: 1) the City still must revise its current ADU ordinance to bring it into compliance with state law; 2) the City has a substantial backlog of ADU applications awaiting approval for a building permit; and 3) the City’s major ADU developer indicates that they anticipate submitting an average of at least 100 ADU applications per year over the next three years, and possibly even longer. Therefore, the City’s projection of RHNA credit for 200 ADUs annually is considered very conservative. To ensure these levels of production continue, the City has modified its ADU Program 1.5 to adopt significant incentives upfront rather than waiting to see if production can be sustained. Incentives include a one-stop permit center, staff liaison, fee reductions, and marketing/education. Finally, the City will be monitoring production and affordability levels to ensure goals are met. Figure 4-2 ADU Projection Scenarios, Building Permits Issued, 2024-2029 2021 2022 2023 2024 2025 2026 2027 2028 2029 Base 80 147 270 Low Trend 80 147 270 240 200 200 200 200 200 0 50 100 150 200 250 300 350 400 450 500 ADUS Permitted Packet Page. 1190 Housing Resources City of San Bernardino General Plan – Housing Element 4-15 Local ADU Rental Survey The City surveyed ADU rents to understand the market demand and affordability of such units. Table 4-3 shows results based on listings in Roomies, Craigslist, Zillow, and other sources. The affordability level is determined by comparing advertised rents to the maximum rent affordable for a one or two-person household using income limits published by the State of California. Occupancy is assumed to be one person for ADUS with less than 800 square feet and two persons for larger units. Affordability is determined by the number of bedrooms and HUD income surveys. The survey shows several trends. First, all units listed were studios or one-bedroom units. Second, the advertisements were weighted heavier on “back house” or detached guest quarters. These units tended to fall into the moderate income affordability range, while attached products were affordable to lower income households. Finally, no ADUs rented at above-moderate income levels, a finding not unexpected given that no apartments rent at above moderate income rents. Table 4-3 Accessory Dwelling Unit Survey NOS. DATE UNIT SIZE (SQFT). TYPE OF UNIT BD+BTH RENT AFFORD LEVEL 1 8/8/2022 400 Back House 1+1 $1,650 Moderate 2 8/12/2022 N/A Not Specified 1+1 $1,100 Lower 3 8/28/2022 200 Casita 1+1 $995 Lower 4 7/9/2022 800 Upstairs 1+1 $1,595 Moderate 5 8/7/2022 620 Back House 1+1 $1,442 Moderate 6 8/22/2022 900 Duplex 1+1 $1,800 Moderate 7 7/1/2022 350 Casita 1+1 $1,000 Lower 8 9/09/2022 N/A Not Specified 1+1 $900 Lower 9 8/17/2022 N/A Not Specified 1+1 $1,350 Moderate 10 9/01/2022 N/A Back House 1+1 $1,295 Moderate 11 7/1/2022 700 Back House 1+1 $1,595 Moderate 12 9/12/2022 N/A Back House 1+1 $1,650 Moderate 13 9/12/2022 N/A Not Specified 1+1 $920 Lower 14 9/12/2022 N/A Carriage 1+1 $1,000 Lower 15 9/12/2022 N/A Attached ADU 1+1 $800 Lower 16 9/12/2022 N/A Not Specified 1+1 $950 Lower Source: City of San Bernardino Rent survey, July 1–September 30, 2022 Packet Page. 1191 Housing Resources 4-16 January 2024 Final ADU Affordability Distribution Both SCAG’s and the City’s surveys provide rent data to estimate the affordability of ADUs. Both surveys begin with surveying rents listed in newspaper and online listings (Column 1A and 2A). Because neither survey can take into account unlisted AUDs affordable to extremely low income households (e.g., families who offer units to parents, children, others), both surveys include an imputed 15% allocation for such ELU units (Columns1B and 2B). The final affordability distribution (Column 1C and 2C) are determined by weighting each entry in Columns 1A and 2A by a figure of 85% (to allow for the inclusion of ELI units to comprise 15% of the final survey). Whether SCAG’s or the City’s Survey is used, both yield the same number of lower income units, at 954 units, with the SCAG survey showing more very low income units than the City’s survey. The City’s survey also shows more moderate income ADUs than the comparative SCAG survey. This housing element uses the City’s survey because no high rent ADUs could be found citywide. Table 4-4 ADU Affordability Distribution for the 2021-2029 RHNA Afford Levels Column 1A. Rented ADUs 85% of Total Column 1B. NonRented ADUs (15% of Total) Column 1C. All ADUs 100% of Total Column 1D. Units by Affordability ELI 100%15.0%249 Very Low 9%7.7%127 Low 41%34.9%578 Moderate 41%34.9%578 Above 9%7.7%127 Total 100%100%100%1,658 Afford Levels Column 2A. Rented ADUs 85% of Total Column 2B. NonRented ADUs (15% of Total) Column 2C. All ADUs 100% of Total Column 1D. Units by Affordability ELI 100%15.0%249 Very Low 0%0.0%- Low 50%42.5%705 Moderate 50%42.5%705 Above 0%0.0%- Total 100%100%100%1,658 Affordability Assumptions for City Survey Affordability Assumptions for SCAG Survey Source: City of San Bernardino and SCAG ADU surveys, 2022. Methodology from SCAG Regional Accessory Dwelling Unit Affordability Analysis, 2022 Packet Page. 1192 Housing Resources City of San Bernardino General Plan – Housing Element 4-17 HOUSING UNSHELTERED RESIDENTS San Bernardino strategy to address homelessness is multilayered and includes one-on-one interaction and support, transitional shelters, and permanent supportive housing. The City’s “Housing First” approach offers housing for people experiencing homelessness along with supportive services so that they can keep their housing and avoid returning to homelessness. Projects built during the 2021-2029 planning period are described below. All Star Lodge Developed by Step Up, the All Star Lodge is a motel conversion that provides permanent supportive housing to the City’s unhoused residents. The All Star Lodge is at 450 N. G Street in San Bernardino. Funded by the State Roomkey program, County of San Bernardino, and other local funds, this project has been completed and included 75 efficiency-style units affordable at extremely low rents. Eight units are for mobility-impaired tenants, and three are for aural or visually impaired occupants. The project can be accessed online at: www.youtube.com/watch?v=Y_bx_KwaLhI. U.S.VETS Inland Empire U.S.VETS provides needed housing and services to homeless and at-risk veterans. The U.S.VETS project at 1351 North E Street will include 30 units of permanent supportive housing. To support independent living, the project offers residents an array of wrap-around services, case management, and supportive services such as food, transit, therapeutic activities, and others. This PSH project will be funded by a range of private funding sources, $4.5 million in a VHHP loan granted by HCD, and other funding sources that deed restrict the project as affordable to lower income residents. The project is available at https://usvets.org/san-bernardino-campaign/. All Star Lodge Unit U.S.VETS Inland Empire Packet Page. 1193 Housing Resources 4-18 January 2024 Additional Homeless Projects Mary’s Village Mary’s Village is the City’s first transitional complex for men in San Bernardino. The project is a partnership of Mary’s Mercy Center, Crestwood Communities, the City, and San Manuel Band of Mission Indians. This $12 million project was funded by a generous $7.4 million grant from San Manuel Band with additional funding support from other partners, such as SoCalEdison and others. Completed in 2022, Mary’s Village provides 85 transitional units, vocational education, job training, case management, etc. The project description and the services provided can be accessed online at: www.sanmanuelcares.org/. Lutheran Social Services Wellness Campus Lutheran Social Services of Southern California (LSSSC), has received approval to establish the San Bernardino Community Wellness Campus—a non-congregate interim housing facility that provides a total of 150 shelter beds. The wellness campus will offer a holistic paradigm to provide housing and sustainability services. The project will develop in five phases and include a men’s emergency shelter, social services building, child and youth center, transitional housing, and permanent supportive housing. Upon completion, the campus will deliver housing and support services with a myriad of needed services. This project is funded by private agencies, $5 million in City-donated ARPA funds, and $35 million in HomeKey funds awarded in January 2024. See LSSCs website at: https://www.youtube.com/watch?v=Sc9v7KriqdY for project information. Mary’s Village Lutheran Social Services Site Packet Page. 1194 Housing Resources City of San Bernardino General Plan – Housing Element 4-19 Pacific Village San Bernardino County and its co-applicant, La Barge Industries, created an interim housing project and purchased 6.5 acres of land and trailers for $4.4 million. This purchase included six buildings, a dining hall with a commercial kitchen, church facility, 20 trailers, and parking. Pacific Village Phase I opened in March 2021. Phase II will offer 106 permanent supportive units and potentially a recuperative care center that provides temporary housing, meals, on- site behavioral and medical services, and navigation support for up to 90 days. Pacific Village guests will have access to activities designed to promote community integration, socialization, and self-esteem. Additional supports will include occupational therapy, job training and other assistance. The project will be funded by ARPA funds in 2022. HOPE Navigation Center Campus The City of San Bernardino is developing a noncongregate, “campus style” navigation center. The first phase will include interim housing and accommodate 100 individuals and families. The second phase will include a recuperative care facility and an additional 100 units mixed between interim and transitional housing. The City has identified a 2.5-acre former “School of Hope” site. The navigation center campus would have a day center, low-barrier interim housing/emergency shelter with on-site wrap-around supportive services, behavioral health, workforce training, substance abuse disorder counseling, and benefits assistance and documentation. The City owns the parcel and has approved plans for the campus. The City has already committed $18 million in ARPA and other funds to the project and the County is committing an additional $3 million from their community development grant funding set up by the Board of Supervisors. Other potential funding include: Permanent Local Housing Allocation, Emergency Solutions Grant, Homekey, and grants. The City will continue to seek support and funding from community partners and government agencies such as the County, SAC Health System, Dignity Health, IEHP, Molina Health Care, San Manuel Band of Mission Indians, and local hospitals and HMOs. Pacific Village Packet Page. 1195 Housing Resources 4-20 January 2024 4.2 HOUSING SITES California law requires that the housing element identify parcels that can accommodate residential development over the housing element planning period. Jurisdictions can count the development capacity on parcels that are suitable for residential development (e.g., have appropriate General Plan and density standards in place) toward the RHNA production goals. San Bernardino has significant residential development capacity presently in the community and is updating its General Plan to plan for the future buildout of the City through 2050. Over the planning horizon of the General Plan (through 2050), San Bernardino has significant capacity for residential development that, when realized, will reestablish the City as the urban, housing, and transportation hub of the county. However, the City’s associated housing strategy can be divided into three shorter time frames, with implementation slated for the 6th, 7th, or later housing element cycles. The time frame for each strategy is related to market demand, infrastructure, and planning tools that need to be created to guide future residential development. These three strategies are described below. • Specific Plan Development. The City has several specific plans (University Hills, Spring Trails, etc.) in northwest San Bernardino that provide significant growth opportunities. The City is crediting development capacity to the University and Waterman Gardens Specific Plans where housing demand has resulted in new housing. The remaining specific plans are anticipated to be revised following the update of the General Plan. • Infill Opportunities. The City’s housing element focuses on sites that are vacant, within existing urban areas (e.g., “infill”), and most feasible to develop during the 2021-2029 planning period. The sites chosen are vacant, adequately served by infrastructure, and could immediately be developed within the planning period. These sites are located throughout the community, from downtown to the Verdemont neighborhood. • City-owned or Surplus Sites. In 2022, the City declared 14 city-owned sites as surplus and is either developing an exclusive negotiation agreement with affordable housing developers (e.g., Jamboree) or has already completed negotiations and sold sites to residential developers. Additional sites will be surplused in 2024. These sites were chosen as they represent the sites most likely to be affordable housing. The housing element is not relying on sites with commercial or other zoning that allows 100% nonresidential uses with the exception of surplus sites; however, these sites will be rezoned to residential use. The remainder of this discussion will focus identifying key sites for housing, documenting development capacity estimates, and applying estimates to the 2021-2029 RHNA. Packet Page. 1196 Housing Resources City of San Bernardino General Plan – Housing Element 4-21 DEVELOPMENT OPPORTUNITIES The City relies on vacant land to accommodate a significant portion of its 2021-2029 RHNA. The vacant land is located throughout the City on properties zoned for multi-family residential use and on properties that will be upzoned to increase the maximum allowable density. The site identification process and unit capacity calculation for each infill strategy is detailed in this section. Site Selection and Criteria San Bernardino is undergoing a General Plan Update. As a part of this the City has identified new areas for residential development opportunity and existing residential areas for increased density. The City is also developing the Downtown Specific Plan to promote a mix of uses in the City’s core and to enrich the downtown area to create a more vibrant historic core of the community. When complete, the Specific Plan will bring vitality, a mix of uses, and growth to the downtown area. Sites identified within the plan area under current zoning regulations residential development. The Specific Plan will add additional residential development opportunity when density is increased, new uses are permitted, and development is encouraged through the plan. Overall, the General Plan established the vision for San Bernardino and the land use designations necessary to accommodate a range of housing types and products. The City has sufficient land to readily address its overall 2021-2029 RHNA. However, it is recognized that new multi-family housing and mixed uses will be developed incrementally, starting with the most feasible sites, then proceeding to more difficult sites. While the City has significant residential development capacity remaining per its General Plan, for inclusion into the housing element, sites were chosen for the RHNA that meet the following criteria: • The site(s) must be relatively free of natural hazards and have ready access to water, sewer, road, drainage, and dry utility infrastructure. • The site(s) must have General Plan land use designations and zoning in place and residential or mixed use must be allowed by right. • The site must be of adequate size and not need consolidation with adjacent parcels owned by different property owners; no sites are less than 0.5 acre or larger than 10 acres. • All housing sites were vacant; no underutilized sites were included in the land inventory. • Sites affirmatively further fair housing and are spread throughout the City without exacerbating existing concentrations of disproportionate need. • The site(s) meet the default density for lower income housing, or an appropriate density for moderate and above moderate-income housing (detailed further below). Packet Page. 1197 Housing Resources 4-22 January 2024 Other Key Assumption Default Density Default density is that at which an affordable project is deemed appropriate to accommodate lower income housing. The “default density option” provides a streamlined option for local governments to demonstrate its appropriateness for housing affordability. No analysis to establish the appropriateness of the default density is required, and HCD must accept that density as appropriate. The default density for lower-income housing in San Bernardino is 30 units per acre, “which means the density range allowed on the parcel by the zone must include that density. While the City has a demonstrated history of building affordable housing at lower densities than the default density (see Chapter 3 for a complete analysis), 30 du/acre is the basis of assumptions for assuming that a parcel is suitable for accommodating lower income units. While the default density is 30 units per acre, the City will be rezoning for a maximum of 50 units per acre to increase financial feasibility of affordable and market rate projects, and potential mixed income products. While no zones previously allowed maximum densities greater than 32, surrounding jurisdictions recently increased densities in their multi-family residential zones and have designated RHNA sites, in certified Housing Elements, in these zones. This presumes that the local development market would be receptive to the development of higher density and mixed use residential uses if existing density allowances were raised. Surrounding communities where zones have been modified include: • City of Fontana: Residential high-density zones, including R4 allowing a range of 24-39 du/acre and R-5 allowing a range of 39-50 du/acre. • City of Rancho Cucamonga: Residential high-density zones allowing a range of 24-30 du/acre and mixed use up to 50 du/acre. • City of Loma Linda: Residential high-density residential zones that allow up to 40 du/acre in specific opportunity areas. • City of Rialto: Residential and/or mixed use high density zones within several Specific Plans and Opportunity Areas envision up to 40 du/acre. The demand for higher density residential and mixed uses is projected to continue and lead to developers seeking higher densities in San Bernardino. For example, TELACU has built five senior projects in San Bernardino, which range in density from 25 du/ac to 43 du/ac. Lugo Apartments was also built at 35 du/ac. The former developer for Carousel Mall also proposed significantly higher residential densities in downtown San Bernardino. Therefore, where densities are increased for the RM-32 and RH-50 zone, it is clear that such densities would be realized. Packet Page. 1198 Housing Resources City of San Bernardino General Plan – Housing Element 4-23 Realistic Density and Development Capacity Assumptions Residential development capacity was calculated to determine the number of units that could be expected on housing sites identified to address each RHNA income category. The City’s methodology was threefold: 1) split pipeline projects in Table 4.2 into two single and multiple- family projects; 2) calculate the density achieved by zone; and 3) multiply the realistic density to the acres of vacant land identified for housing. To ensure a realistic density calculation, density bonus units were excluded from the calculation. The specific calculations follow. • Single family projects–represent moderate and above moderate-income projections. o 24 single family pipeline projects were sampled from the RE, RU, RS, RL, RM and RMH zones, which were developed at a density of up to 16 dwelling units per acre. o Each project was analyzed for its yield as a percent of maximum density permitted in each zone, yielding an average of 84 percent of maximum permitted density. o Since average density calculations are based on actual projects, the density achieved is realistic and includes all dedications that reduce project density. o Realistic development capacity was calculated for Moderate/Above Moderate Sites as: Net Acreage (#) x Assumed Density (84%) = Total Net Units (#). • Multifamily and Apartments–to represent lower-income projections. o Multifamily projects in the pipeline were sampled from the RM and RMH zones; these projects were developed up to 32 dwelling units per acre. o Each project was analyzed for its yield as a percent of maximum density permitted in each zone, yielding an average of 85 percent of maximum permitted density (please note that the median capacity was 95 percent --much higher than the average). o Since average density calculations are based on actual projects, the density achieved is realistic and includes all dedications that reduce project density. o Realistic development capacity was calculated for Very Low/Low Income Sites as: Net Acreage (#) x Assumed Realistic Density Capacity (85%) = Total Net Units (#). These development capacity percentages are projected to continue due to new Housing Element programs that will modify the Development Code to: 1) allow for greater flexibility in meeting open space/lot coverage standards, 2) remove the tiered density provision, 3) update the density bonus ordinance, and 4) incentivize lot consolidation/mergers. Therefore, the aforementioned site analysis will be used to project future development capacity on the remaining vacant sites. Packet Page. 1199 Housing Resources 4-24 January 2024 Rezoning Assumptions to Meet the RHNA The City’s ability to meet its 2021-2029 RHNA will require, in part, the rezoning of existing sites to accommodate a need of 914 lower income units. Currently, San Bernardino has one only zone (RH) which permits residential development at 30 units per acre. To accommodate the low and very low income RHNA, the City will upzone existing RH and RMH sites to allow for higher density as follows: upzone the RMH sites to allow 32 du/ac and upzone the RH sites to allow 50 du/ac. The upzoned sites will add 740 units to address the RHNA; (Table 4-5); surplus sites will also be rezoned to RMH or RH zones will add 308 units to address the shortfall (Table 4-6). It should be noted that all of the sites proposed for rezoning have also been evaluated for infrastructure based on the city’s Urban Water Management and Sewer Plans and are within the growth projections established for the City. Additionally, the infill nature of the higher density residential sites means that they can be readily provided by water and sewer services. Table 4-5 Infill Parcels for Rezone to Accommodate Lower Income RHNA APN ACRES EXISTING ZONE PROPOSED ZONE MAX DENSITY ESTIMATED UNITS** 013630207 0.68 RMH RMH-32 32 18 013631118 1.59 RMH RMH-32 32 43 013631126 0.91 RMH RMH-32 32 25 013631109 0.92 RMH RMH-32 32 25 028115164 1.55 RMH RMH-32 32 42 015515124 6.48 RMH RH-50 50 275 015515125 2.87 RMH RH-50 50 122 015044104 1.08 RH RH-50 50 46 015044130 2.21 RH RH-50 50 94 015515120 1.14 RH RH-50 50 48 015044114* 0.03 RH RH-50 50 1 TOTAL 740*** Notes: * This parcel is identified for rezone only for consistency, it is surrounded by parcel 015044130 and the two parcels have the same ownership. ** Estimated units are based on maximum allowed density times 85% for realistic capacity based on past projects approved and/or built in the City. *** Please note that the City will rezone additional surplus sites that, in combination with existing residential sites, will completely address the RHNA. Packet Page. 1200 Housing Resources City of San Bernardino General Plan – Housing Element 4-25 SUMMARY OF INFILL OPPORTUNITIES Low and Very Low -Income Capacity Rezones The City has identified two zoning districts that, with rezones, will meet the default density of 30 units per acre and are appropriate for the development of multi-family, affordable housing for very low and low income households. These housing sites are located in existing residential zoning districts that allow housing by right. The zones are as follows: • RMH: Residential Medium High, At a maximum 32 du/ac based on proposed rezoning, five parcels (5.6 acres) will be rezoned to RMH-32, which can accommodate 151 units. • RH: Residential High, At maximum 50 du/ac based on proposed rezoning, six (6) parcels (13.8 acres) will be rezoned to RH-50, which can accommodate 582 housing units. Moderate and Above Moderate-Income Capacity One zone accommodates housing affordable to moderate income (RM zone) and four zones accommodate above moderate income (RE, RL, RS, RU) as by-right uses. Appendix A lists all housing sites in compliance with SCAG’s E-Inventory form. The sites were evaluated for infrastructure based on the city’s Urban Water Management and Sewer Plans, are within the City’s growth projections, and can readily be provided with water and sewer services. The zones are: • RE: Residential Estate, 1 du/ac • RL: Residential Low, 3.1 du/ac • RS: Residential Suburban, 4.5 du/ac • RU: Residential Urban, 8 du/ac • RM: Residential Medium, 12 du/a Moderate • 52 parcels in the RM zone, totaling 73 acres and can accommodate 753 units. Above Moderate • 3 parcels in the RM zone, totaling 20 acres and can accommodate 215 units • 41 parcels in the RE zone, totaling 441 acres and can accommodate 372 units. • 119 parcels in the RL zone, totaling 577 acres and can accommodate 1,725 units. • 157 parcels in the RS zone, totaling 167 acres and can accommodate 595 units. • 90 parcels in the RU zone, totaling 73 acres and can accommodate 486 units. Packet Page. 1201 Housing Resources 4-26 January 2024 SURPLUS LAND OPPORTUNITIES For San Bernardino, surplus sites are a key strategy for the development of affordable housing. The 2021-2029 Housing Element identifies City-owned properties and surplus sites for the development of housing to accommodate the regional housing needs allocation. The City’s surplus and City-owned sites are located in a diverse array of locations within various zoning districts and densities for potential residential development. The 2021-2029 San Bernardino Housing Sites Inventory includes 141 publicly parcels which have either been declared surplus (some of which have gone through good faith negotiations) or have plans to be declared surplus in the near future. All surplus sites are tracked on the City’s website. When San Bernardino seeks to sell publicly owned land, the SLA requires prioritizing the first sale opportunity for affordable housing. Land sold or leased to an entity that responded to the 60-day NOA period must include an affordability covenant requiring at least 25% of the total units developed be affordable for lower income households. (Gov’t Code, §54222.5.) A 15% affordability covenant is required on land sold or leased after no entity responds to the NOA during the 60- day period or after price or terms cannot be reached during the 90-day good faith negotiation period. (Gov. Code, §54233). The City’s Real Estate Section diligently follows SLA requirements and will transmit information required to the appropriate state agencies for review. The City owns 141 parcels which are subject to the Surplus Land Act (SLA) and will be following all applicable provisions. These sites have been released in several phases: • Pre-2022 Surplus Sites. This site includes the Seccombe Lake Housing project, described later in this section. The City has signed an ENA with the Richman Group to develop housing on this 12.5-acre site. It is located within the Waterman Baseline Specific Plan. • 2022-2023 Surplus Sites. Two sites (6 parcels totaling 1 acre) will be rezoned from CR-2 to RH-50 to accommodate 49 units. The Jamboree site (18 parcels totaling 4 acres) will be rezoned from CG-1 to RH-50, to yield 147 units. The fourth site, Mission Communities (4 parcels totaling 3.3 acres), will be rezoned to RH-32 to accommodate 96 micro-units. • 2024-2025 Surplus Sites. The final group totals 113 individual parcels zoned RL-3.5. None of the sites require rezoning. These sites will be surplused in 2024/2025. The City will select a developer and will require compliance with SLA affordability assumptions. At minimum, at least 15 parcels will have affordable housing and maybe more depending on whether a higher affordability percentage is required per SLA or proposed by the developer. Then reference table and example of current projects underway. To date, all sites which are not currently zoned for residential as a primary use will be rezoned to the RMH-32 or RH-50 zones to ensure that future residential development occurs at an appropriate density to accommodate affordable housing. Table 4-6 summarizes each site and its development capacity. Packet Page. 1202 Housing Resources City of San Bernardino General Plan – Housing Element 4-27 Table 4-6 Housing Opportunity on Surplus Land SITE APN ACRES EXISTING ZONE PROPOSED ZONE MAX DENSITY ESTIMATED UNITS** Properties Already in Surplus (2022-2023) to be Rezoned Site 1 13407119 0.21 CR-2 RH-50 50 du/acre 26 13407124 0.06 CR-2 RH-50 50 du/acre 13407126 0.06 CR-2 RH-50 50 du/acre 13407158 0.28 CR-2 RH-50 50 du/acre Site 4 13410109 0.21 CR-2 RH-50 50 du/acre 23 13410110 0.31 CR-2 RH-50 50 du/acre Properties Already in Surplus (2022-2023) with Pending Projects to be Rezoned Jamboree Site 12* 14252208 0.25 CG-1 RH-50 50 du/acre 147 14252209 0.24 CG-1 RH-50 50 du/acre 14252211 0.24 CG-1 RH-50 50 du/acre 14252212 0.24 CG-1 RH-50 50 du/acre 14252213 0.24 CG-1 RH-50 50 du/acre 14252214 0.24 CG-1 RH-50 50 du/acre 14252215 0.24 CG-1 RH-50 50 du/acre 14252216 0.24 CG-1 RH-50 50 du/acre 14252217 0.25 CG-1 RH-50 50 du/acre 14252225 0.21 CG-1 RH-50 50 du/acre 14252235 0.2 CG-1 RH-50 50 du/acre 14252236 0.2 CG-1 RH-50 50 du/acre 14252237 0.2 CG-1 RH-50 50 du/acre 14252238 0.2 CG-1 RH-50 50 du/acre 14252241 0.2 CG-1 RH-50 50 du/acre 14252242 0.21 CG-1 RH-50 50 du/acre 14252210 0.24 CG-1 RH-50 50 du/acre 14252226 0.19 CG-1 RH-50 50 du/acre Mission Communities Site 11, 13, 14* 014319174 0.75 CO RMH-32 32 du/acre 96 014319175 0.27 CO RMH-32 32 du/acre 014301244 0.86 CO RMH-32 32 du/acre 015545110 1.41 RH RMH-32 32 du/acre Packet Page. 1203 Housing Resources 4-28 January 2024 Table 4-6 Housing Opportunity on Surplus Land SITE APN ACRES EXISTING ZONE PROPOSED ZONE MAX DENSITY ESTIMATED UNITS** Site 15 – 15% of all units as a part of this subdivision are required to be affordable to lower income households. All other units are affordable to above moderate. In total 16 units are affordable to lower income and 97 are affordable to above moderate. 026145150 0.36 RL -- 3.5 du/acre 026145142 0.09 RL -- 3.5 du/acre 026145119 0.10 RL -- 3.5 du/acre 026145130 0.10 RL -- 3.5 du/acre 026145141 0.15 RL -- 3.5 du/acre 026145120 0.11 RL -- 3.5 du/acre 026145129 0.09 RL -- 3.5 du/acre 026145131 0.09 RL -- 3.5 du/acre 026145121 0.11 RL -- 3.5 du/acre 026145128 0.11 RL -- 3.5 du/acre 026145132 0.13s RL -- 3.5 du/acre 026145122 0.10 RL -- 3.5 du/acre 026145127 0.10 RL -- 3.5 du/acre 026145123 0.12 RL -- 3.5 du/acre 026145133 0.10 RL -- 3.5 du/acre 026145148 0.11 RL -- 3.5 du/acre 026145126 0.10 RL -- 3.5 du/acre 026145134 0.11 RL -- 3.5 du/acre 026145125 0.11 RL -- 3.5 du/acre 026145147 0.09 RL -- 3.5 du/acre 026145135 0.11 RL -- 3.5 du/acre 026145124 0.11 RL -- 3.5 du/acre 026145136 0.11 RL -- 3.5 du/acre 026145146 0.09 RL -- 3.5 du/acre 026145137 0.11 RL -- 3.5 du/acre 026145145 0.09 RL -- 3.5 du/acre 026145138 0.13 RL -- 3.5 du/acre 026145139 0.11 RL -- 3.5 du/acre 026145144 0.09 RL -- 3.5 du/acre 026145143 0.09 RL -- 3.5 du/acre 026145140 0.11 RL -- 3.5 du/acre Packet Page. 1204 Housing Resources City of San Bernardino General Plan – Housing Element 4-29 Table 4-6 Housing Opportunity on Surplus Land SITE APN ACRES EXISTING ZONE PROPOSED ZONE MAX DENSITY ESTIMATED UNITS** 026146154 0.10 RL -- 3.5 du/acre 026145108 0.09 RL -- 3.5 du/acre 026145114 0.09 RL -- 3.5 du/acre 026145106 0.11 RL -- 3.5 du/acre 026145102 0.10 RL -- 3.5 du/acre 026145116 0.09 RL -- 3.5 du/acre 026146121 0.11 RL -- 3.5 du/acre 026146118 0.10 RL -- 3.5 du/acre 026146156 0.09 RL -- 3.5 du/acre 026146122 0.11 RL -- 3.5 du/acre 026146116 0.10 RL -- 3.5 du/acre 026146124 0.10 RL -- 3.5 du/acre 026146114 0.09 RL -- 3.5 du/acre 026146159 0.09 RL -- 3.5 du/acre 026146127 0.09 RL -- 3.5 du/acre 026146144 0.10 RL -- 3.5 du/acre 026146160 0.09 RL -- 3.5 du/acre 026146111 0.11 RL -- 3.5 du/acre 026146129 0.09 RL -- 3.5 du/acre 026146130 0.09 RL -- 3.5 du/acre 026146109 0.10 RL -- 3.5 du/acre 026146141 0.12 RL -- 3.5 du/acre 026146139 0.09 RL -- 3.5 du/acre 026146106 0.10 RL -- 3.5 du/acre 026146105 0.10 RL -- 3.5 du/acre 026146134 0.09 RL -- 3.5 du/acre 026146152 0.09 RL -- 3.5 du/acre 026146153 0.09 RL -- 3.5 du/acre 026145107 0.09 RL -- 3.5 du/acre 026145104 0.09 RL -- 3.5 du/acre 026145113 0.09 RL -- 3.5 du/acre Packet Page. 1205 Housing Resources 4-30 January 2024 Table 4-6 Housing Opportunity on Surplus Land SITE APN ACRES EXISTING ZONE PROPOSED ZONE MAX DENSITY ESTIMATED UNITS** 026145109 0.09 RL -- 3.5 du/acre 026145115 0.09 RL -- 3.5 du/acre 026145101 0.14 RL -- 3.5 du/acre 026145111 0.09 RL -- 3.5 du/acre 026145117 0.09 RL -- 3.5 du/acre 026145118 0.09 RL -- 3.5 du/acre 026146120 0.10 RL -- 3.5 du/acre 026146155 0.10 RL -- 3.5 du/acre 026146119 0.10 RL -- 3.5 du/acre 026146117 0.10 RL -- 3.5 du/acre 026146157 0.09 RL -- 3.5 du/acre 026146158 0.09 RL -- 3.5 du/acre 026146115 0.09 RL -- 3.5 du/acre 026146123 0.10 RL -- 3.5 du/acre 026146125 0.10 RL -- 3.5 du/acre 026146126 0.10 RL -- 3.5 du/acre 026146145 0.10 RL -- 3.5 du/acre 026146146 0.10 RL -- 3.5 du/acre 026146113 0.09 RL -- 3.5 du/acre 026146112 0.09 RL -- 3.5 du/acre 026146128 0.09 RL -- 3.5 du/acre 026146143 0.09 RL -- 3.5 du/acre 026146161 0.09 RL -- 3.5 du/acre 026146110 0.10 RL -- 3.5 du/acre 026146142 0.10 RL -- 3.5 du/acre 026146148 0.11 RL -- 3.5 du/acre 026146149 0.09 RL -- 3.5 du/acre 026146136 0.10 RL -- 3.5 du/acre 026146163 0.09 RL -- 3.5 du/acre 026146108 0.10 RL -- 3.5 du/acre 026146131 0.11 RL -- 3.5 du/acre Packet Page. 1206 Housing Resources City of San Bernardino General Plan – Housing Element 4-31 Table 4-6 Housing Opportunity on Surplus Land SITE APN ACRES EXISTING ZONE PROPOSED ZONE MAX DENSITY ESTIMATED UNITS** 026146140 0.09 RL -- 3.5 du/acre 026146150 0.09 RL -- 3.5 du/acre 026146107 0.10 RL -- 3.5 du/acre 026146164 0.09 RL -- 3.5 du/acre 026146132 0.09 RL -- 3.5 du/acre 026146137 0.09 RL -- 3.5 du/acre 026146133 0.09 RL -- 3.5 du/acre 026146138 0.13 RL -- 3.5 du/acre 026146151 0.09 RL -- 3.5 du/acre 026146165 0.09 RL -- 3.5 du/acre 026146166 0.09 RL -- 3.5 du/acre 026146104 0.10 RL -- 3.5 du/acre 026146135 0.09 RL -- 3.5 du/acre 026146103 0.10 RL -- 3.5 du/acre 026145112 0.09 RL -- 3.5 du/acre 026145103 0.09 RL -- 3.5 du/acre 026146102 0.10 RL -- 3.5 du/acre 026145105 0.09 RL -- 3.5 du/acre 026146101 0.10 RL -- 3.5 du/acre 026145110 0.09 RL -- 3.5 du/acre Total Lower Income Units 335 Total Above Moderate Income Units 97 Packet Page. 1207 Housing Resources 4-32 January 2024 SURPLUS LAND ACT PROJECTS The City of San Bernardino has been active in facilitating the development of surplus sites for new housing. Of the 15 original surplus sites, three are proposed for affordable housing. As described below, these include the Seccombe project, the Jamboree project (former Meridian Apartments site), and now most recently the Mission Communities micro-unit apartment complex. Seccombe Lake Park (Phase I Surplus) In 2023, the City Council signed an Exclusive Negotiating Agreement with Richman Group for 12.5 acres at Seccombe Lake Park. The site allows a maximum density of 30 du/ac, although up to 50 du/ac is allowed. In accordance with the SLA, the project must: 1) use at least 80 percent of the parcel for housing; and 2) ensure that at least 40 percent of the units are affordable to low- income households, of which at least half are affordable to very low-income households. The developable portion (10 acres) could yield 300 units, with 120 units affordable to low-income households. The City is concurrently working with the Richman Group on site design and project concepts for the Seccombe Workforce Housing project. To revitalize this area, Seccombe Lake Park is also being rehabilitated and revitalized. RHA Landscape Architects will complete design and construction documents for the highly anticipated revitalization project, for which the City dedicated $9 million in COVID funds. San Manuel Band of Mission Indians, a partner with the City, also provided additional $1 million in funding to improve the park. While the City has issued an ENA to Richman Development, land deed restrictions for this housing project will be recorded and included as a part of a housing affordability covenant when the final transfer of the land occurs. Proposed Site of the Seccombe Workforce Housing Packet Page. 1208 Housing Resources City of San Bernardino General Plan – Housing Element 4-33 Jamboree Housing – (Site 12) In 2009, the City demolished the Meridian Apartments, a crime-ridden and blighted complex at 5th and Meridian. The City Council approved a relocation plan and allocated $365,000 to help tenants relocate from the property. The site includes 16 vacant parcels (3.5 ac) to be rezoned from CG-1 to RH-50. In 2022, the parcels were declared surplus and are being sold to Jamboree Housing. Jamboree Housing will redevelop the site with 147 147 affordable rental apartments affordable to very low and low income households with long-term covenants. Funding will include PBVs and HOME funds among other sources. Deed restrictions for this housing project will be recorded and included as a part of a housing affordability covenant when the transfer of the land occurs. Mission Communities – (Sites 11, 13, 14) Mission Communities is working with Inland Housing Solutions (a local 501C3 nonprofit) to develop affordable housing on three sites. The project will be 96 micro apartment units (ranging from 240 to 400 sf) to serve very low income seniors and disabled individuals. Rents would be around $800 per month and be affordable to lower income adults. The units will offer complete facilities for independent living. On-site supportive services and case management services would be included from offices on site. The project will be funded by City HOME, County housing funds, low cost land, etc. Developers are proposing securing entitlements by Spring 2024, commencing construction in late 2024, and accepting residents in 2025. Deed restrictions for this project will be recorded and included as a part of a housing affordability covenant when the transfer of the land occurs. Site of the Former Meridian Apartments Switch out graphic Conceptual Site Plan Packet Page. 1209 Housing Resources 4-34 January 2024 Bice Property (Sites 15) Site #15, referred to as the "Bice Property" is a collection of parcels that is 93 acres in size and is undeveloped. The Bice Property is situated near the foothills of the San Bernardino mountains adjacent to the 1-215 Freeway and has rather flat terrain with a gradual slope to the south. As part of a foreclosed project, 113-lots in the southeastern portion of the site have been subdivided for single-family homes. Lots range in size from 3,900 to 4,350 square feet and will accommodate at least one single-family home, not including ADUs allowed by state law. Several developers, including ones active in Verdemont, have expressed interest in the property. However, final consideration of the Bice Property was postponed until the General Plan update was adopted. While development of this site is not required to address the lower income portion of the 2021-2029 RHNA, it provides additional opportunities for the development of affordable housing, particularly single-family residential uses, given its general plan and zoning designations. With respect to project affordability and purposes of RHNA credit, the housing element requires that 15 percent of the units will be affordable to lower income. households and the remainder of the units will be affordable to above-moderate income households. While this calculation is the minimums required under state law, the project may include a higher percentage of affordable units like the other surplus site projects underway. Remaining Surplus Sites The City’s Real Estate Division indicates that the remaining surplus sites noted earlier will be rezoned to high density residential uses. The ENA transactions will be finalized next year with Neighborhood Housing Services of the Inland Empire (NHSIE) and Montebello Housing Development Corporation, both of whom specialize in the development of affordable housing. Bice Property Packet Page. 1210 Housing Resources City of San Bernardino General Plan – Housing Element 4-35 Summary of Status and Inventory San Bernardino’s RHNA allocation for 2021-2029 is 8,123 housing units. To accommodate the units, the City has identified sites on appropriately zoned land, projects in the pipeline since July 2021, and future development of accessory dwellings. Through these combined approaches, the City can accommodate the RHNA allocation in full, with a buffer for each RHNA income category. Table 4-7 summarizes the City’s approach for meeting the 2021-2029 RHNA allocation. Table 4-7 San Bernardino RHNA Status Summary INCOME LEVELS LOWER MODERATE ABOVE MOD. TOTAL 2021-2029 RHNA 2,512 1,448 4,163 8,123 RHNA CREDITS (PROJECTS AND VACANT SITES) Pipeline Projects towards RHNA 644 483 964 2,091 ADUs Permitted (2021-2023) 264 194 - 458 ADUs Projections (2024-2029 690 510 - 1,200 Existing Residential Vacant Land 0 753 3,388 4,141 EXISTING RESIDENTIAL VACANT LAND Total Remaining Need without Rezones 914 -492 -189 -- Vacant Residential Land for Upzone 740 0 0 740 Surplus Sites for Rezone 308 0 97 405 FINAL SUMMARY Total Units towards RHNA 2,646 1,940 4,449 -- Count Over/Under RHNA 134 492 286 -- Source: City of San Bernardino, January 2023 Notes: The Identified Surplus Land Act sites will also be rezoned, as shown in Table 4-7. Some multi-family residential sites identified in the current land inventory were previously identified in the 4th and 5th housing element cycle. Through the General Plan update, all residential zones where multi-family residential uses are allowed will be upzoned to increase density and housing opportunity. Therefore, the sites will serve as new sites for the 6th housing element cycle. The City has a program to allow for by-right development on the identified sites when projects propose 20 percent of all units at an affordable rate. Figure 4-3 displays all residential units and vacant sites that are credited toward the 6th cycle RHNA for the Housing Element. Packet Page. 1211 Housing Resources 4-36 January 2024 Figure 4-3 Inventory of Vacant Housing Sites Packet Page. 1212 Housing Resources City of San Bernardino General Plan – Housing Element 4-37 Emergency Shelter Overlay AB 2339 requires an assessment of the suitability of sites for emergency shelters. An emergency shelter is generally defined as any facility, the primary purpose of which is to provide a temporary shelter for the homeless in general or for specific populations of the homeless and which does not require occupants to sign leases or occupancy agreements. Emergency shelters are needed to meet the immediate short-term needs of the unsheltered homeless. Zoning for Emergency Shelters The Emergency Shelter Overlay Zone (Chapter 19.10-E) permits emergency shelters serving up to 60 persons/shelter without discretionary review in accordance with an administrative permit. The overlay covers five designated areas in the City that may be located in one of three zoning districts described below. • Industrial Light (IL). This zone is intended to retain, enhance, and intensify existing lighter industrial uses and provide for the new development of such uses along major vehicular, rail, and air transportation routes serving the City. • Commercial Heavy (CH). This zone is intended to accommodate automobile and truck sales and repair facilities, lumberyards and related hardware sales, plant nurseries, light industrial manufacturing and storage facilities, and similar uses. • Office Industrial Park (OIP). This zone is intended to establish distinctive office industrial parks and corporate centers serving City and regional needs. Supporting retail/commercial services may be located in Corporate Office Industrial Park structures. Of the 118 parcels in the ES Overlay, 54 (45 percent) are one-half-acre or larger. Another 34 parcels are 0.46 to 0.49 acre in size. Additionally, 37 parcels in the overlay zone are vacant or undeveloped, providing about 37 acres of vacant land that is readily available for development. Some of the developed parcels could be redeveloped for emergency shelter use with limited improvements, such as the addition of more windows for improved ventilation and lighting. An additional 124 acres of land with varying existing uses are also available. The occupancy capacity for shelters is derived from City regulatory standards and state law. Based on City density allowances (one resident/150 sq. ft. and 60 residents per site), the vacant land alone in the ES Overlay can accommodate 2,041 beds, not including additional capacity on underused sites–well above the number of shelter beds needed citywide to address unmet need. The City will be making further revisions to the emergency shelter overlay as needed should a shortfall in capacity occur or if zones are unsuitable for emergency shelters. Packet Page. 1213 Housing Resources 4-38 January 2024 Emergency Shelter Area Analysis The following provides a high level overview of each emergency shelter overlay. Table 4-8 provides more details for each site. Figure 4-4 maps the location of each site. Area 1, Baseline and Lassen Area 1 consists of 10 parcels, totaling 41 acres, along Baseline and Lassen Street in Ward 6. Parcels are zoned for industrial use and developed with parking lots for shipping. Two parcels on the easternmost portion of the overlay area are primarily undeveloped, and one parcel is vacant. The area is surrounded by single-family residences to the west and vacant land and the Cajon watershed to the east. The Union Pacific line runs north-south on the area’s eastern border. Area 1 is outside of fire hazard zones, but in a 100-year floodplain and an Alquist-Priolo fault zone. The site has a low hazardous waste score but high cleanup percentile (total cleanup up sites in the census tract). The area is within one mile of a grocery store, two health-care sites, and about three total blocks of open space. The area is not in a high-quality transit area, but there are two bus stops in the area, through which bus line 10 runs. Area 2A, Rancho and Rialto Avenue Area 2A has 43 parcels, totaling 68 acres, along W. Rancho and N. Rialto Avenue in Ward 3. The land is zoned for industrial use with some commercial. The majority of land is vacant and/or undeveloped in the southern portion, while there are paved lots used for shipping and industrial storage in the northern portion. The site is near the BNSF Rail yard to the north and east, and surrounded by three mobile-home parks and a residential subdivision west and south. With respect to hazards, Area 2A is outside hazard zones for fire, flooding, and earthquake faults. Within one mile of the site are grocery stores, health-care facilities, parks, and open space. The area is served by bus line 15 along W. Rialto and S. Rancho and is near high-frequency transit. The sites are also adjacent to industrial uses, which would offer entry-level job opportunities. It is in an industrial area with cleanup and hazardous waste sites, but none are adjacent to it. Area 2B, Rancho and Foothill Area 2B is north of Area 2A along Rancho Avenue and Foothill in Ward 6. The area consists of eight parcels totaling 14 acres. The parcels are zoned for commercial use and include one large, paved lot for storage. The parcels on the western- and easternmost borders are vacant, totaling about six acres of vacant land. Area 2B is outside all fire hazard zones, 100-year flood plains, and Alquist-Priolo fault zones. Within a mile of the overlay site are a grocery store, two health-care sites, and approximately 19 blocks of open space. The area is located in a high quality transit zone, and bus line 14 runs along Foothill on the southside of Area 2B, providing direct access to the site. The area has a moderate cleanup percentile and has a low hazardous waste percentile; it is not adjacent to any hazardous waste dumpsites that would deter its development. Packet Page. 1214 Housing Resources City of San Bernardino General Plan – Housing Element 4-39 Area 3, Gardena and Caroline Area 3 consists of 51 parcels totaling 29 acres along Caroline and Gardena Street in Ward 3. The parcels are zoned for Industrial Light uses with a mix of parking lots, auto shops and storage, and some single-family housing. There are eight vacant lots in Area 3 totaling 4.5 acres of vacant land. These vacant lots are all about half of an acre or larger. The area is surrounded by single-family homes, storage yards, and the Rock Church and Outreach Center. Loma Linda Medical Center is near Area 3, about 0.75 mile to the west along Redlands Boulevard. The site is within a one-mile drive of a grocery store and 39 health-care facilities and has 16 blocks of open space. The site is part of a high-quality transit zone and is outside of all fire hazard zones, 100-year flood plain zones, and Alquist-Priolo zones. The site has a high hazardous waste percentile and a moderate cleanup percentile, but there are no hazardous waste cleanup sites in or adjacent to Area 3. Area 4, Baseline and Knob Hill Area 4 consists of five parcels totaling 7.5 acres in Ward 2 along Baseline and Knob Hill Road. The parcels are zoned for commercial/industrial use, with three western parcels developed with a parking lot for shipping and truck storage. The two parcels to the east are undeveloped vacant land totaling about 4.0 acres. The site is not within one-mile of any grocery stores or markets, health-care facilities, or open space. However, the site is outside of all fire hazard zones, 100-year flood plain zones, and Alquist-Priolo fault zones. The area is considered within a high quality transit zone, and bus lines 3 and 4 provide access to the site. The site has a low hazardous waste percentile and a low cleanup percentile. Area 4 is surrounded by a mix of commercial and single- family development that can provide various job opportunities and community resources. Area 6, Waterman and Drake Area 6 consists of the southwest quarter of one parcel totaling about one acre. The property is zoned for industrial uses and is developed with a lot for storage and one commercial/office facilities building. The area is industrial in nature and the site is surrounded by a mix of commercial, light industrial, storage, and warehouses. The site is not within a one-mile drive of any grocery stores or markets, health-care facilities, or open space. However, the site is outside of all fire hazard zones, 100-year flood plain zones, and Alquist-Priolo fault zones. The site has both a high hazardous waste percentile and a high cleanup percentile. The area is considered within a high quality transit zone, and bus line 305 provides access to the site from Central Avenue. Overall, the site’s properties and location indicate that it is the least appropriate site of those designated and should be reconsidered as a part of the emergency shelters overlay. Packet Page. 1215 Housing Resources 4-40 January 2024 Figure 4-4 Emergency Shelter Overlay, Potential Sites Packet Page. 1216 Housing Resources City of San Bernardino General Plan – Housing Element 4-41 Table 4-8 Emergency Shelter Overlay Sites AREA SIZE/ ACRES EXISTING USES ACCESS TO AMENITIES/SERVICES HEALTH/ ENVIRONMENTAL CONDITIONS 1 Total 40.5 Vacant 8.3 Industrial, parking lots for shipping. Grocery stores w/in 1 mile: 1 Health-care sites w/in 1 mile: 2 Quantity of open space within 1 mile: 3 blocks Transit: not w/in a 2045 HQTA Outside fire hazard zones. Within 100-yr flood plain. Within Alquist-Priolo fault zone. Haz. Waste Percentile:1 11% Cleanup Percentile:2 77% 2A Total: 67.7 Vacant: 15.1 Vacant/or undeveloped in south portion, paved lots for shipping/storage in north portion. Grocery stores w/in 1 mile: 1 Health-care sites w/in 1 mile: 2 Quantity of open space within 1 mile: 19 blocks Transit: within a 2045 HQTA Outside fire hazard zones. Outside 100-yr flood plain. Outside Alquist-Priolo fault zone Haz. Waste Percentile: 41% Cleanup Percentile: 71% 2B Total 13.6 Vacant 5.6 Partially vacant with paved lot for storage. Grocery stores w/in 1 mile: 3 Health-care sites w/in 1 mile: 4 Quantity of open space within 1 mile: 32 blocks Transit: within a 2045 HQTA Outside fire hazard zones. Outside 100-yr flood plain. Outside Alquist-Priolo fault zone. Haz. Waste Percentile: 30% Cleanup Percentile: 52% 3 Total 29.0 Vacant: 4.2 Industrial Light uses with a mix of parking lots, auto shops and storage, and some residences Grocery stores w/in 1 mile: 1 Health-care w/in 1 mile: 39 Quantity of open space within 1 mile: 16 blocks Transit: within a 2045 HQTA Outside fire hazard zones. Outside 100-yr flood plain. Outside Alquist-Priolo fault zone. Haz. Waste Percentile: 76% Cleanup Percentile: 50% 4 Total 7.5 Vacant 3.9 Partially vacant, and partially developed with a parking lot for shipping and truck storage. Grocery stores w/in 1 mile: 0 Health-care sites w/in 1 mile: 0 Quantity of open space within 1 mile: 0 blocks Transit: within a 2045 HQTA Outside fire hazard zones. Outside 100-yr flood plain. Outside Alquist-Priolo fault zone. Haz. Waste Percentile: 4% Cleanup Percentile: 0% 6 Total 1 Vacant 0 Developed with storage and one commercial/ office facilities building. Grocery stores w/in 1 mile: 0 Health-care sites w/in 1 mile: 0 Quantity of open space within 1 mile: 0 blocks Transit: within a 2045 HQTA Outside fire hazard zones. Outside 100-yr flood plain. Outside Alquist-Priolo fault zone. Haz Waste Percentile: 95% Cleanup Percentile: 83% Notes: 1. Hazardous Waste Percentile: The hazardous waste percentile for a census tract means the number and type of hazardous waste generators and sites is higher than that percentage of the census tracts in California. 2. Cleanup Percentile: The cleanup percentile for a census tract means the number and type of cleanup sites is higher than that percentage of the census tracts in California. Packet Page. 1217 Housing Resources 4-42 January 2024 4.3 ENVIRONMENTAL CONDITIONS Various environmental and hazard designations should be considered when designating land for residential uses. These include flood zones, fire hazard zones, fault zones, and other hazards that could impact a proposed residential project. San Bernardino is located at the foothills of the San Bernardino National Forest, adjacent to the Santa Ana River and Cajon Wash, and within a seismically active region. The City’s proximity to these hazards underscores the importance of addressing environmental conditions, which CEQA requires as a precondition for development. Figure 4-5 display the environmental and hazard designation zones and location of sites designated to accommodate the RHNA, by income level. The map displays multiple hazards in the City, notably the northern most part of San Bernardino is largely within Very High Fire Hazards Severity Zones (HFHSZ), Fault Zones, and 100-year and 500-year Flood Zones. The zoning designations in these areas of the City reflect the environmental development constraints. There are no sites designated on fault lines or within AP fault zones. The central part of San Bernardino is primarily untouched by all of the hazard zones, whereas the western and eastern portions of the City contain larger portions of residential land within 100- year and 500-year Flood Zones. While the strategy for allocation sites to accommodate the RHNA aimed to avoid unmitigable hazards, there are some above moderate units allocated in 500-year flood zones and HFHSZ. The City takes measures to reduce and mitigate the effects of these hazards through Public Works Flood Control District as well as in enforcing the California Building Code which requires specific materials and standards to reduce impacts of fire and flood. To address potential concerns with environmental hazards, the City abides by the following regulations: Floodplain Hazard Overlay, Foothill Fire Zones Overlay, Alquist Priolo Zone regulations, and any regulation required by CEQA or resource agency. The sites are situated so that only a very small portion are within hazardous zones and the city implements and enforces standards to mitigate damages and increase safety in development within these zones. The California Environmental Screening (CES) Tool notes that proposed sites may rank poorer than others due to proximity to environmental pollutants. These include hazardous materials, poor air quality, impaired water bodies, landfills, and other potential or active concerns. As required by CEQA, however, housing projects cannot be approved nor built on any sites containing contaminants unless mitigation is provided in accordance with state and federal law. In identifying housing sites in the land inventory, none of the sites are known to have environmental pollution which cannot be mitigated. So while the CES Tool identifies potential concerns for further review, no housing site is known to have environmental pollution that precludes development. Packet Page. 1218 Housing Resources City of San Bernardino General Plan – Housing Element 4-43 Figure 4-5 Environmental Hazards and Housing Sites Packet Page. 1219 Housing Resources 4-44 January 2024 4.4 SITE INFRASTRUCTURE Infrastructure capacity refers to the supply of water, treatment of wastewater, and availability of other services and adequate infrastructure to support the development of housing commensurate with the City’s share of the regional housing needs assessment. The following provides a general assessment, and the General Plan EIR provides a more detailed assessment. Within the site inventory, all vacant sites for moderate and lower income are infill sites, meaning they are within the grid for water, sewer, and dry infrastructure. Additionally, they City will provide priority for infrastructure connection for affordable housing. Sites identified for above moderate income are dispersed throughout the southern, central, and northern areas of the district. Above moderate sites are either infill, with existing connections to the infrastructure grid or are identified for planned communities, where infrastructure connection would be provided upon entitlement. All projects identified in the pipeline and surplus site tables have planned infrastructure. INFRASTRUCTURE MASTER PLAN As of 2023/2024, the City will be undertaking a comprehensive update to various infrastructure master plans. The plan includes the following: • Updates to City’s traffic control system – The City has been awarded a $10 million grant to update the traffic signal system throughout the City as well as the pedestrian signal. • Roadway safety–The City has received grants to implement roadway safety projects. Additionally, the City will spend $500,000 on a Caltrans program to prepare a bridge inventory to develop a program for repair, rehabilitation, and replacement. • Updates to streetlights – Through the Capital Improvements Plan (CIP) the City will replace the incandescent fixtures with LED fixtures. • ADA improvements – The City will spend $2 million to update ADA accessibility in facilities, public right of way, parks and city programs. • Storm drainage updates – The City will spend $1 million to prepare regional drainage studies by watershed and develop hydraulic modeling of the city’s storm drain systems. These citywide infrastructure improvements will support new and existing residents as new housing is built over the 6th cycle (2021-2029). Packet Page. 1220 Housing Resources City of San Bernardino General Plan – Housing Element 4-45 WATER The San Bernardino Municipal Water Department (SBMWD) is a retail public water supplier that serves more than 45,400 municipal water service connections to the City. The SBMWD service area is bounded on the north by the National Forest, on the east by the East Valley Water District and Redlands Municipal Utilities Department, on the south by the cities of Loma Linda and Colton, and on the west by the West Valley Water District, Rialto, and Muscoy Mutual Water Company. Water service demand and supply estimates for the City of San Bernardino and its housing element are assessed by the 2020 Integrated Regional Urban Water Management Plan (IRUWMP). SBMWD’s water supply consists entirely of groundwater from the Bunker Hill Basin. SBMWD participates in ongoing water conservation measures and contributes to regional recharge projects to optimize and enhance the use and reliability of groundwater resources. The IRUWMP utilizes the SCAG Regional Transportation Forecast to calculate population growth rates for years 2020 through 2045. SBMWD’s demands in single dry years are assumed to increase by 10% above normal year demands. The local groundwater basins SBMWD produces water from have storage for use in dry years so SBMWD can produce the volume of water needed to meet 100% of demands in single dry years. SBMWD’s supplies are 100% reliable during single dry years. The Drought Risk Assessment (DRA) is a new analysis required for the 2020 UWMP, with a focus on the five-year consecutive drought scenario beginning in 2021. Because SBMWD relies on groundwater basins with significant storage, available water supplies generally do not vary on a monthly or seasonal basis. As shown in Table 4-9, the City will be able to ensure that water supplies can meet expected demand during the 2021-2029 timeframe. Table 4-9 San Bernardino Water Demand and Supply SUPPLY AND DEMAND PLANNING HORIZON (YEARS) 2025 2030 2035 2040 2045 Single Family Water Demand 18,710 19,260 19,811 20,253 20,695 Multi-family Water Demand 5,832 6,004 6,175 6,313 6,451 Total All Land Uses 42,248 43,458 44,667 45.639 46,661 Projected Water Supply 48,585 49,976 51,368 52,485 53,603 Surplus Water Availability +6,337 +6,519 +6,700 +6,846 +6,992 Source: Integrated Regional Urban Water Management Plan, 2020 Accessed at https://www.sbmwd.org/DocumentCenter/View/7859/Part-2-Chapter-8_SBMWD_2020-UWMP-Chapter_Final?bidId= Packet Page. 1221 Housing Resources 4-46 January 2024 SEWER According to the City’s 2019 Sewer Master Plan, the SBMWD operates and maintains the City’s sewer collection system and Water Reclamation Plant (WRP). Built in 1958, the WRP is a 33 million gallons per day (mgd) Regional Secondary Treatment facility that provides wastewater treatment services for San Bernardino, Loma Linda, East Valley Water District, San Bernardino International Airport, Patton State Hospital, and areas of unincorporated San Bernardino County.1 The collection system consists of 493 miles of pipe, primarily (96 percent) of vitrified clay pipe (VCP) with the remainder of pipelines built of a variety of materials from concrete to steel among others. The EVWD service area also includes 1,500 customers in the City of San Bernardino who are on septic systems. Approximately 90 percent of the parcels’ current land use is single-family residential. Using the sewer generation factors, the estimated total amount of flow that would be added to the EVWD system if all these parcels converted to sewer is approximately 0.75 mgd. In 2023, EVWD opened a new wastewater facility, the Sterling Natural Resource Center (SNRC), which has a treatment capacity of 10 mgd. The Center allows EVWD to cease sending its wastewater to San Bernardino for treatment and allows it to treat its own wastewater instead. Projected wastewater generation from the EVWD ranges from 8.0 to 9.4 mgd by 2030. Table 4-10 summarizes the City’s wastewater collection system demand and capacity. Prior to completion of the SNRC, the City could treat 33 mgd of wastewater annually. However, the buildout demand in 2060 was 33.8 mgd. With the completion of the Sterling Center, up to 9.4 mgd can be diverted from San Bernardino’s wastewater treatment demand, freeing up to 9.4 mgd of capacity. Therefore, the City can continue to meet the demand for wastewater treatment within its jurisdiction through buildout of the general plan. Over the next several years, the City will be updating its sewer system master plan and will recalibrate demand estimates based on anticipated growth and development in the city. 1 Sewer Master Plan Update, 2019. Prepared by Stantec. Accessed online August 2022. https://www.sbmwd.org/DocumentCenter/View/7624/2019-Sewer-Master-Plan---Main-Report?bidId= Table 4-10 San Bernardino Existing Wastewater Collection System EXISTING INFRASTRUCTURE Active Lift Stations 15 Siphons 12 Sewer Connections 38,300 Water Reclamation Plant 1 DEMAND AND CAPACITY AFY MGD Total Demand 37,876 33.8 Total Capacity – 44.0 Surplus/(Deficit) Capacity – 10.2 Source: Sewer System Master Plan, 2019 Packet Page. 1222 Housing Resources City of San Bernardino General Plan – Housing Element 4-47 Figure 4-6 Broadband Coverage in San Bernardino and Vicinity BROADBAND UTILITIES San Bernardino’s broadband network covers many areas at an average connection speed. However, gaps remain. A large part of the City, including downtown and northwest, lack consistent broadband download and upload speeds. The City has been awarded a $425,000 grant by the California Public Utilities Commission (CPUC) to plan for a 21st century broadband network citywide. “Smart San Bernardino” will allow the City to develop a broadband needs assessment, community engagement, and a strategic plan to provide high speed broadband to the entire city. Packet Page. 1223 Housing Resources 4-48 January 2024 4.5 IMPLEMENTATION RESOURCES Managing and providing affordable housing and support services requires financial and administrative services beyond the capacity of City staff. The following section provides a snapshot of organizations and funding resources that can be leveraged to implement these activities. ADMINISTRATIVE RESOURCES San Bernardino relies on the active involvement of public and nonprofit agencies to meet local housing and supportive service needs. Some of the active organizations in the City are listed here. • Neighborhood Partnership Housing Services. Neighborhood Partnership Housing Services (NPHS) is a nonprofit community development organization dedicated to building equitable communities in the Inland Empire since 1991. NPHS has grown from a small grassroots organization into a multifaceted organization focused primarily on the Southern California region. NPHS administers homeownership and housing rehabilitation programs for the City. • Habitat for Humanity. Habitat for Humanity is a nonprofit agency dedicated to building affordable housing and rehabilitating homes, with a strong presence in California. Habitat homes are sold to very low-income families at no profit with affordable, no-interest loans. Volunteers, churches, and businesses provide most of the labor; public agencies or individuals donate land. In recent years, Habitat also provides housing rehabilitation assistance. • Inland Fair Housing and Mediation Board (IFHMB). IFHMB is the designated fair housing services provider in the City. IFHMB provides free services to low and moderate income individuals throughout the Inland Empire region. This program includes fair housing services, landlord/tenant mediation services, housing counseling, and alternative dispute resolution. IFHMB also provides education on housing rights and responsibilities. • At-Risk Affordable Housing Developers. Several additional developers may be able to assist in preserving affordability covenants attached to at-risk affordable housing projects: National Community Renaissance, Jamboree Housing Corporation, Abode Housing Corporation, TELACU, Neighborhood Housing Services, Habitat for Humanity San Bernardino, a Community of Friends, and numerous other partners. • Local Community Organizations. The City has an extensive network of local community organizations who are active in providing a wide range of housing and community services. Chapter 2 listed the many organizations providing services to special needs households in the City. Faith-based organizations include groups such as Inland Congregations United for Change, Lutheran Social Services, and local health care organizations. Packet Page. 1224 Housing Resources City of San Bernardino General Plan – Housing Element 4-49 FINANCIAL RESOURCES The City relies on 10 primary sources of funding to implement and support housing activities. These revenue sources and funding allocated annually are summarized in Table 4-11. Table 4-11 Primary Financial Resources FUNDING PROGRAM DESCRIPTION OF FUNDING PROGRAM ELIGIBLE ACTIVITIES Community Development Block Grant The federal government awards CDBG funds annually on a formula basis to entitled cities to carry out a range of community development activities directed toward revitalizing neighborhoods, economic development, and improving community facilities and services, principally targeted for low and moderate-income persons. The City receives an annual allocation of $3.5 million. • Property acquisition • Housing rehabilitation • Homebuyer assistance • Economic dev’t • Homeless assistance • Public services • Infrastructure improv’t HOME Investment Partnerships Program The federal government awards HOME funds annually on a formula basis to entitled cities to fund a range of activities including building, buying, and rehabilitating affordable housing or providing direct rental assistance to low-income people. Cities must comply with specific matching funds from nonfederal sources. The City receives an annual allocation of $4 million. • Site acquisition • Site improvement • Rehabilitation • Homebuyer assistance • Rental assistance Emergency Solutions Grant (ESG) The federal government awards ESG funds annually to cities to address local homelessness. This includes funds to outreach to homeless people; improve, provide and operate shelters; provide essential services to shelter residents; rapidly re-house homeless people; and prevent people from becoming homeless. The City receives an annual allocation of $250,000. • Street outreach • Emergency shelter • Prevention activities • Rapid rehousing • Data Collection (HMIS) Neighborhood Stabilization Funds (NSP) The federal government established his program to provide emergency assistance to stabilize communities with high rates of abandoned and foreclosed homes, and to assist households whose annual incomes are up to 120 percent of the area median income (AMI). The U.S. Congress approved three rounds of NSP funding. The City has $2 million in NSP funds for this period. • Purchase/rehab of abandoned or foreclosed • Establish land banks for foreclosed homes • Demolish + redevelop blighted properties and vacant sites Packet Page. 1225 Housing Resources 4-50 January 2024 Table 4-11 Primary Financial Resources FUNDING PROGRAM DESCRIPTION OF FUNDING PROGRAM ELIGIBLE ACTIVITIES Low Income Housing Tax Credits (LIHTC) This federal program subsidizes the acquisition, construction, and rehabilitation of affordable rental housing. States award the credits on a competitive basis to developers of affordable rental housing. Developers often sell the credits to investors to obtain funding who claim LIHTC credit over a 10-year period. • Housing development • Housing acquisition • Housing rehabilitation Housing Choice Vouchers The County of San Bernardino Housing Authority administers the Housing Choice Voucher (HCV) program for the City of San Bernardino. Funds are used to maintain the affordability of subsidized affordable housing project, support public housing, and provide 2,600 rental housing vouchers for residents. • Rental assistance • Scattered sites • Family self sufficiency • Moving to Work • Public housing The Building Homes and Jobs Act (aka SB 2) The California HCD provides grants to cities for plans and process improvements that accelerate housing production. HCD awarded the City funds for its Housing Element, fair housing, DTSP, Carousel Mall, and outreach efforts. The City received $1.1 million for the 6th cycle Housing Element planning period. • General Plan • Housing Element • Development codes • Fair Housing • Design guidelines Redevelop-ment Funds While redevelopment agencies were dissolved with state legislation in 2012/2013, the City of San Bernardino maintains former RDA funds that can be used to stimulate the development of affordable housing. Use of the funds is subject to strict guidelines. The City has about $6 million of RDA funds remaining. • Site acquisition • Affordable housing development HOME ARP San Bernardino is eligible to receive up to $5 million in HOME American Rescue Plan (ARP) grants. Funds must be used to address homelessness, persons at risk of homelessness, those fleeing violence situations, and those needing supportive services. HCD will also receive $131 million to implement the program. • Affordable Housing • Tenant-Based Rental Assistance (TBRA) • Supportive, Prevention, Housing Counsel Svcs • Noncongregate Shelter American Rescue Plan The City will receive $85 million in pandemic relief under the American Rescue Plan (ARPA). Jurisdictions must provide annual expenditure reports to the Treasury documenting state and local expenditures. • Infrastructure • Violence Prevention • Parks, Rec, Open Space • Other expenses Packet Page. 1226 City of San Bernardino General Plan – Housing Element 5-1 5.0 FAIR HOUSING Chapter 5, fair housing, is intended to address the new fair housing requirements for housing elements consistent with Gov’t Code §§ 8899.50, 65583(c)(5), 65583(c)(10), 65583.2(a). In recent years, one of the most significant new housing laws enacted by the State Legislature is Assembly Bill 686 (AB 686), Affirmatively Furthering Fair Housing. In short, this bill requires all housing elements to contain an Assessment of Fair Housing (AFH). This requirement is intended to ensure that all people have the opportunity for housing and other community benefits regardless of their status. Affirmatively further fair housing means “taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity and, among other items, fostering and maintaining compliance with civil rights and fair housing laws” (Gov’t Code 8899.50(a)). The AFH in the housing element must be consistent with the core elements of the federal AFFH Final Rule of 2015 and applicable statutes in California housing element law. The California Department of Housing and Community Development have issued a comprehensive guidebook for complying with this law.1 In short, the AFH must address the following requirements: 1. Community outreach, which includes a summary of fair housing outreach and capacity and the receipt and consideration of public input and local knowledge on fair housing 2. Assessment of Fair Housing on a variety of mandated topics, including segregation and integration, disparities in access to opportunity, disproportionate needs, etc. 3. Inventory of sites to meet the jurisdiction’s RHNA along with an analysis that demonstrates how the site selection and housing will further fair housing statutes 4. Identification and prioritization of factors that have contributed to any observed fair housing issues within the jurisdiction 5. Goals, actions, and programs that are meaningful and affirmatively further fair housing for all residents in San Bernardino 1 California Department of Housing and Community Development, Affirmatively Furthering Fair Housing, Guidance for All Public Entities and for Housing Elements (April 2021); Accessed at: https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27-2021.pdf. Fair housing choice means that individuals and families have the information, opportunity, and options to live where they choose without unlawful discrimination and other barriers related to race, color, religion, sex, familial status, national origin, disability, or other protected characteristics. AFFH Guidance Memorandum, State of California HCD (2021) Packet Page. 1227 Fair Housing Assessment 5-2 January 2024 5.2 INTEGRATION AND SEGREGATION The AFH requires that cities address patterns of segregation that may disproportionately affect persons of protected classes. To inform this assessment, data were collected on demographic, socioeconomic, household, and housing characteristics to assess the presence of patterns that suggest concerns with respect to fair housing opportunity. HOUSEHOLD INCOME Household income is a key factor affecting the opportunity for households of all types, whether starting out, raising a family, or retiring. Fair housing concerns arise when significant income differences occur as a result of race and ethnicity, neighborhoods, or other characteristics. In San Bernardino, the median household income is $45,834–approximately 25 percent below the County median household income. Comparatively, cities shown in Table 5-1 have a median household income from $53,000 to $74,000. The City’s median income is within the lowest quartile countywide. According to the CHAS, the prevalence of lower income households is 47 percent Countywide, ranging from 23 percent in Chino Hills to 71 percent in Needles. For comparison, 61 percent of households in San Bernardino (the fourth highest Countywide) earn low income. Over the past decade, the City’s household income has increased by only 1 percent annually. As shown in Table 5-2, the City’s share of households earning very low income actually increased, from 37 to 40 percent of total households. The share of low- and moderate-income households remained the same. However, the share of above moderate-income households declined from 24 to 21 percent of total households. As of 2019, the majority of neighborhoods in the City has a concentration of lower-income residents, where more than 50 percent of households in a tract earn below 50 percent of the County median income. Table 5-1 Household Income, San Bernardino and the Region City Hhld Med. Income % Low Income San Bernardino $45,834 61% Colton $53,838 53% Loma Linda $55,607 46% Redlands $74,839 37% Rialto $61,518 49% Yucaipa $69,104 40% County Avg. $61,291 47% Source: 2015-2019 ACS. Table 5-2 Household Income, by RHNA Category, San Bernardino Income Categories Percent of Hhlds 2010 2019 % Very Low 37% 40% % Low 20% 21% % Moderate 19% 18% % Above-Mod 24% 21% Total 100% 100% Source: ACS, 2006-2010 and 2015-2029. Packet Page. 1228 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-3 Household Income The dissimilarity index measures the level of segregation in a jurisdiction by income. The index ranges from a score of 0 (total integration) to a score of 100 (total segregation). Values of 60 or above are high, values of 40 or 50 are moderate, and values in the 30s and less are considered low levels of segregation. San Bernardino County has areas where there are significant differences in household income. However, a comparison of the median income levels for census tracts in the City (Table 5-3) shows a low level of segregation for most income pairings, except very low versus above moderate income, which is expected if comparing areas with apartments and single-family homes. Race and Ethnicity San Bernardino’s generally higher level of integration is supported by a comparison of income levels of residents by race and ethnicity. The median incomes of San Bernardino City households by race/ethnicity are remarkably similar, except for Black Americans, who earn the lowest median household income. However, there is a significant disparity in income levels of residents of the same race and ethnicity in the City versus the County. Shown in Table 5-4, all race/ethnic groups in the City, particularly Blacks and Asians, have a smaller median income than their counterparts in the county as a whole. This finding speaks to the disparity of income of San Bernardino residents compared to the county. Figure 5-1 displays the median income of census tracts, and Figure 5-2 shows the low to moderate income concentrations (0 to 50 percent of County median income) in San Bernardino. It shows that the majority of the City is a lower income concentration, surrounded by higher income areas to the east, west, and south, adjacent to the City borders. Table 5-3 Dissimilarity Index for Household Income, San Bernardino Income by RHNA Category Segregation, 2020 Score Level Very Low & Low 17 Low Very Low & Mod 24 Low Very Low & Above 37 Mod Low & Moderate 19 Low Mod. & Above 23 Low Low & Above 31 Low Source: CHAS, 2015-2019 by census tract. Table 5-4 Household Income by Race and Ethnicity, San Bernardino Race and Ethnicity Med. Hhld Income City % of Cnty Median Inc. City Median $45,834 75% Hispanic $47,482 79% NH White $49,713 73% NW Black $32,248 63% NH Asian $47,393 58% Other N/A N/A Source: 2015-2019 ACS. Packet Page. 1229 Fair Housing Assessment 5-4 January 2024 Figure 5-1 Median Household Income by Census Tract Packet Page. 1230 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-5 Figure 5-2 Prevalance of Low-Income Population Packet Page. 1231 Fair Housing Assessment 5-6 January 2024 RACE AND ETHNICITY According to the ACS, there was a significant change in the race and ethnic composition of residents in San Bernardino County and the City, particularly the growth of nonwhite population. In the County, the percentage of the nonwhite population rose from 65 percent in 2010 to 71 percent by 2019 . San Bernardino followed this trend; the percentage of the nonwhite population increased from 80 to 86 percent during the same period of time. In 1980, San Bernardino’s predominant race/ethnic group was White, comprising 57 percent, followed by Hispanic (25 percent), Black (15 percent), and all others combined (3 percent). Forty years later, Hispanics are the predominant group in all census tracts except Verdemont (Table 5-5). By 2020, residents identifying as White fell to 14 percent, Blacks remained at 13 percent, and Asians rose to 4 percent. While the City has historically had segregative practices, they have long ended and remnant patterns gradually diminished. The dissimilarity index is used to measure the level of segregation within in a city. The index ranges from 0 (total integration) to 100 (total segregation). Values of 60 or above are considered high, and means that 60 percent (or more) of one group would need to move to a different tract for both groups to be equally distributed. Values of 40 or 50 are moderate, and values in the 30s and below are designated as low segregation. In Table 5-6, five of six race-ethnic pairings significantly improved in integration from 1980 through 2020. This analysis shows that the level of integration for race and ethnic groups continues to improve. Figures 5-3a and 5-3b show the changes in the nonwhite population in San Bernardino. In short, there has been increases over the decade in every neighborhood and, as of 2019, only a few small tracts in northern San Bernardino do not have a nonwhite majority population, though that will likely change by 2030. These trends, in concert with the dissimilarity index findings, show that there are no segregative patterns. Table 5-5 Race and Ethnicity, San Bernardino and the Region Race and Ethnicity Percent of Residents City County Hispanic (any race) 66.2% 54.8% White 14.4% 25.2% Black 12.1% 8.4% Asian/Pacific Is. 4.1% 8.2% All Others 3.2% 3.1% Source: ACS 2015-2019. Note: All others represents 3 percent or less of the population Table 5-6 Dissimilarity Index for Race and Ethnicity, San Bernardino Race and Ethnicity Dissimilarity Score 1980 2000 2020 White & Black 65 37 27 White & Hispanic 53 43 35 White & Asian 27 38 35 Black & Hispanic 42 25 25 Black & Asian 60 35 34 Hispanic & Asian 50 38 40 Source: Brown University, 2023 Packet Page. 1232 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-7 Figure 5-3a Percent of Population that is Non-White, 2010-2014 Packet Page. 1233 Fair Housing Assessment 5-8 January 2024 Figure 5-3b Percent of Population that is Non-White, 2015-2019 Packet Page. 1234 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-9 AREAS OF POVERTY AND AFFLUENCE Racially and Ethnically Concentrated Areas of Poverty ‘Fair housing concerns arise when poverty is concentrated. HUD has identified racial/ethnic concentrations of poverty (R/ECAPs) where: 1) there is a non-White population of 50 percent or more; and 2) more than 40 percent of residents in that neighborhood live at or below the poverty line. HUD supplements the income test with an alternate criterion. Thus, a neighborhood can be a R/ECAP if the poverty rate exceeds 40 percent or is 3X the average poverty rate for its region. According to HUD, in 1990, the County had six census tracts designated R/ECAPs, all of which were in the City of San Bernardino. The number of R/ECAPs in the city and county peaked in 2010 when the City had 70 percent of the County’s R/ECAPs. The increase in the County’s R/ECAPs were due to R/ECAPs designated in the High Desert and central San Bernardino County. In 2023, HUD provided “Year 2020” updated data which shows the first decline in R/ECAP, which declined in San Bernardino to almost 1990 levels. Figure 5-6 shows that the City’s R/ECAPs are located in areas located between the I-10 and SR-210. The City’s R/ECAPs are largely due to the economic and social changes in the City. Following the real estate meltdown of the late 1980s, the closure of the BNSF Maintenance Yard, Norton AFB, and Kaiser Steel resulted in a loss of 30,000 direct jobs and 60,000 to 90,000 indirect jobs. The mortgage meltdown in the 2000s resulted in thousands of foreclosures. These misfortunes culminated with the City’s bankruptcy (2012), terrorist attack (2015), and pandemic. These conditions particularly hurt the City’s oldest areas, between the SR-210 and I-10, which was home to the City’s industrial and military base, modest income neighborhoods, and oldest and original infrastructure. The City has attempted to improve all TCAC low resource and R/ECAP areas via redevelopment until the Governor dissolved project areas in 2012. While progress was made, these efforts were insufficient to address aging infrastructure, declining housing conditions, and the poor socio- economic conditions and severity of economic and financial issues since 1980. Section 5.1.3 and Tables 5-23 and 5-24, discussed later, provide the foundation for a place-based programs to address blight, improve the built environment, and address social issues in these areas. Figure 5-4 Trends in R/ECAPs, 1990-2020 0 2 4 6 8 10 12 14 16 18 1990 2000 2010 2020 City R/ECAPs County R/ECAPs Packet Page. 1235 Fair Housing Assessment 5-10 January 2024 Racially Concentrated Areas of Affluence Racially concentrated areas of affluence (RCAA) are essentially the converse of R/ECAPs. According to the federal government, the definition for an RCAA is a census tract in which 80 percent or more of the population is White and has a median annual household income of at least $125,000. RCAAs represent a public policy issue to the extent that an RCAA has been created and maintained through exclusionary and discriminatory land use patterns, development practices, and reinvestment strategies. RCAAs are often considered to have more exclusive access to better education, employment, environmental, and public services. RCAAs are typically found in wealthy neighborhoods such as beachfront communities, hillside developments, and high rent commercial/residential districts. San Bernardino does not have any census tracts that qualify as RCAA’s; in fact, the City is predominantly lower income, which is the reason for SCAG allocating a high proportion of above moderate income units for its RHNA. In the Inland Empire, the RCAAs are known to be in eastern Yucaipa, portions of Redlands, east Highland, Rancho Cucamonga, portions of Upland and La Verne north of the SR-210, Riverside, and others. RCAAs can also be found within wealthy resort communities in the Coachella Valley. As of 2023, San Bernardino has three clusters (8 tracts) designated as higher or moderate resource. CT# 7091, in the far northeastern edge, is entirely steep hillsides and undevelopable. This tract incorrectly shows as higher resource because it covers wealthier populated areas in Highland. CT# 4507 and 4509, in north San Bernardino, covers the unincorporated Arrowhead Farms. Only CT# 4505, a small tract in the city adjacent to Arrowhead Farms, is moderate resource. CT#2706, in northwest San Bernardino, is exclusively industrial, covers higher resource populated areas in adjacent cities, and therefore incorrectly appears to be high resource. Only four populated tracts in San Bernardino are not low resource in San Bernardino. Two census tracts were previously designated high(er) resource-4503 and 4504. As of 2023, only tract 4503 has predominantly high household incomes and is designated higher resource Tract 4504 was downgraded to moderate resource. In addition, tracts 4511 and 4512 are also moderate resource. Taken together, one high resource tract (4503) covers 3,800 residents and three moderate resource tracts cover 14,100 residents – all of which are located within Northwest San Bernardino. All other tracts (approximately 46 census tracts) throughout the community are low resource. In this overall area, the City is expanding housing mobility for lower income households through four strategies. As discussed on Page 5-48 and in Section 5.9, the strategies include ADUs, surplus sites, rental vouchers, and preservation of affordable housing units within that area. Figures 5-5 and 5-6 show areas within the community where poverty is most prevalent, where TCAC designates low income/high segregation areas exist, and where R/ECAPs are located. Packet Page. 1236 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-11 Figure 5-5 Prevalence of Poverty Among Residents Packet Page. 1237 Fair Housing Assessment 5-12 January 2024 Figure 5-6 Areas of Segregation and Poverty, 2020 Packet Page. 1238 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-13 PEOPLE WITH A DISABILITY Persons with a disability face greater difficulty finding, securing, affording, and maintaining suitable housing. Persons with disabilities may need additional accessibility features in housing. Regionally, between the 2014 and 2019 ACS, the percentage of the County’s population that was disabled increased from 10.9 to 11.3 percent, while declining in the City from 13.0 to 12.3 percent. Only four of the City’s fifty or more census tracts had a 5 to 10 percent increase and 2 tracts (in the sphere) had an identical decline in the percentage of disabled people. The changes were split – one tract in the far northwest, southwest, northeast, and central with no apparent pattern. Given that the margin of error at the tract level is about 10 percent, any changes are nominal at best. The prevalence of residents with a disability in San Bernardino County varies: between 9 and 21 percent for cities, with a Countywide average of 13.0 percent. Of the jurisdictions in the immediate area, shown in Table 5-7, Loma Linda has the largest proportion of residents with a disability at 13.8 percent, following by San Bernardino at about 12.3 percent. The City has approximately the same proportion of residents with a disability as the County and ranks 15th among 24 cities, which although is slightly higher than nearby cities in the valley, is not evidence of segregation. In San Bernardino City, the majority of disabled people are adults 18 to 64 years old, who comprise 54 percent of all persons with a disability. In contrast, minors under the age of 18 comprise only 10 percent of the disabled population and, according to data from the State of California, predominantly reside with a legal guardian at home. Approximately 34 percent of the disabled population is over 65 years of age. Data were not available for people who are disabled and living in each type of group quarters, though many who reside in adult or elderly residential care facilities would be expected to have a disability. Figures 5-7a and 5-7b display where disabled people live in the City. Most tracts have 10 to 20 percent of residents living with a disability—consistent with the County average and only five census tracts exceed a disability prevalence of 15 percent. The highest concentration of disabled people (28 percent) is in Tract 57.01 due to the Meadowbrook Tower. One census tract is home to Patton State Hospital and has a 40-plus percent disability rate because the hospital covers the entire tract and houses residents with severe psychiatric conditions. In neither case do the City’s rate or distribution of disabled people suggest segregative practices. Table 5-7 Disability Status, San Bernardino and the Region Jurisdiction % of Residents with a disability San Bernardino 12.3% Colton 11.2% Loma Linda 13.8% Redlands 11.7% Rialto 9.5% Yucaipa 11.8% Source: 2015-2019 ACS Packet Page. 1239 Fair Housing Assessment 5-14 January 2024 Figure 5-7a Prevalence of People with a Disability, 2010-2014 Packet Page. 1240 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-15 more than 40 percent. ilities nor concentrations noted above indicate segregation. Figure 5-7b Prevalence of People with a Disability, 2015-2019 Packet Page. 1241 Fair Housing Assessment 5-16 January 2024 SENIORS Senior citizens aged 65 and older are known to face greater difficulty finding, securing, affording, and maintaining suitable housing both due to their age, disability, and fixed income status. Regionally, between the 2014 and 2019 ACS, the percentage of the population that was seniors increased from 9.6 to 11.3 percent in the County and from 8.3 to 9.0 percent in the City. Only two of the City’s fifty or more census tracts had a 5 to 10 percent increase in seniors, with one recording more than 10 percent increase due to the construction of a new senior project. All other tracts recorded less than a five percent change, which is within the margin of error at the tract level. In summary, there was virtually no statistically significant change in the vast majority of the City. The prevalence of seniors in San Bernardino County varies: between 6 and 20 percent for cities, with a County average of 11.3. Of the jurisdictions in the immediate area, shown in Table 5-8, Loma Linda has the largest proportion of seniors at 19 percent, followed by Redlands and Yucaipa with 15 percent each. Each these communities are distinctly different from San Bernardino. Having a retirement population and significant number of age- restricted mobilehome parks. The City of San Bernardino has approximately the same proportion senior residents as Rialto and Colton, which share borders with San Bernardino. San Bernardino has an extensive inventory of senior housing affordable to lower income households which is publicly subsidized and deed restricted with long-term covenants in place. More than fifteen senior housing projects have been built, many of which are downtown and in close proximity to public services, transit, and social services. In the past decade, several TELACU affordable housing projects for seniors have been built in the community. Figures 5-8a and 5-8b display where seniors live in the City. Over the prior planning period, the prevalence of seniors increased above 5 percent in only one census tracts (in the far northeast) and one that increased in downtown by more than 10 percent, the latter due to the construction of new senior housing. Only one census tract saw a decline in the number of seniors by 5 to 10 percent. Overall, the vast majority of census tracts saw minimal increase or decline (less than five percent) in the senior population, which is well within the margin of error for ACS tract level data. Table 5-8 Seniors Citizens, San Bernardino and the Region Jurisdiction % of senior citizen residents San Bernardino 9% Colton 10% Loma Linda 19% Redlands 15% Rialto 10% Yucaipa 15% Source: 2015-2019 ACS Packet Page. 1242 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-17 Figure 5-8a Percent of Residents that are Seniors, 2010-2014 Packet Page. 1243 Fair Housing Assessment 5-18 January 2024 Figure 5-8b Percent of Residents that are Seniors, 2015-2019 Packet Page. 1244 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-19 FAMILIAL STATUS Familial status affects one’s income (whether there is more than one working), size of housing needed (children, multigenerational living), and type of home that can be afforded. Certain household types have been discriminated against. For example, single-parent households may experience discrimination due to their source of income. Large families searching for affordable housing may experience discrimination against children. Regionally, the ACS reports that 20 percent of the County’s households were large families for 2010-2014 and 2015-2019 with minimal aggregate change recorded over the past decade. The City also recorded no change, although it has a higher prevalence of large families at 24 percent. With regard to single parents with children, the County saw a significant decline from 13 to 8 percent. Mirroring the County, the City also saw a large decline in the percentage of single parents with children, from 19 to 12 percent citywide, though still very high for San Bernardino. Table 5-9 displays familial status in San Bernardino, surrounding cities, and the county. As shown, approximately one-quarter (24%)of all households in the City are large families. Rialto has the largest prevalence at 32 percent, followed by San Bernardino at 24 percent, and Colton at 18 percent. Over the decade, large families have increased slightly in Muscoy, downtown, and northeast San Bernardino. However, there have been declines in the prevalence of large households in south and north Bernardino. With respect to single parents with children, the prevalence of single parents with children ranges from 5 to 18 percent in the County with the City ranked the fourth highest of 24 cities. San Bernardino had a slightly larger proportion of their population that Colton and Rialto, but twice the prevalence of Loma Linda, Redlands, and Yucaipa. Over the decade, about a third of the City’s tracts north of the SR-210 have had slight increases or decreases in the prevalence of single parents with children (0-5 percent, which can be assumed the ACS margin of error), a third have had declines of ten percent or more (e.g., westside, central and downtown), and only the northeast City has had a larger increase in limited census tracts. Figures 5-9a and 5-9b show the changes in prevalence of large families. Figures 5-10a and 5- 10b show the changes in the prevalence of single parent with children. Table 5-9 Familial Type, San Bernardino and the Region Jurisdiction Family Type Large Families Single Parents San Bernardino 24% 12% Colton 18% 11% Loma Linda 10% 5% Redlands 11% 6% Rialto 32% 9% Yucaipa 15% 6% Source: 2015-2019 ACS. Packet Page. 1245 Fair Housing Assessment 5-20 January 2024 Figure 5-9a Percent of Households with Five or More People, 2010-2014 Packet Page. 1246 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-21 Figure 5-9b Percent of Households with Five or More People, 2015-2019 Packet Page. 1247 Fair Housing Assessment 5-22 January 2024 Figure 5-10a Percent of Single Parent Households with Children, 2010-2014 Packet Page. 1248 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-23 Figure 5-10b Percent of Single Parent Households with Children, 2015-2019 Packet Page. 1249 Fair Housing Assessment 5-24 January 2024 5.3 DISPROPORTIONATE NEED This AFH assesses disproportionate housing needs to identify groups of residents that experience more severe (disproportionate) housing needs compared to residents in other areas of the City and the region. The key issues assessed include housing overcrowding and overpayment, housing conditions, and the potential displacement associated with these conditions. REGIONAL ANALYSIS San Bernardino City residents have a higher prevalence of housing problems, measured by overpayment and overcrowding, than that of County residents. As shown in Table 5-10, 47 percent of County residents experience housing overpayment as of 2019, down from 54 percent in 2010. Compared to the City, 54 percent of households are overpaying for housing, down from 60 percent in 2010. Homeowners in both the County and City have the same overpayment rate; however, City renters have a much higher prevalence of renter overpayment. The regional trends for housing overcrowding show a much different pattern than overpayment. As shown in Table 5-10, while overpayment rates have changed since 2010, overcrowding rates remained relatively unchanged. Regionally, household overcrowding is also prevalent in many communities, with concentrations in nearby Fontana, Rialto, Mira Loma, Highland, Ontario, and other cities. While there are no reliable data sources that document trends and patterns in substandard housing regionally, HCD’s AFH mapper does provide information about patterns in housing displacement risk. San Bernardino has an enhanced level of displacement, due to the mismatch between residential incomes and housing costs. These findings were echoed during housing element meetings on the lack of affordable housing. Table 5-10 Regional Analysis of Overpayment and Overcrowding Jurisdiction 2010 2019 County Overpaying (Percent of Hhlds) Homeowners 52% 38% Renters 58% 57% Total 54% 47% City Overpaying (Percent of Hhlds) Homeowners 56% 39% Renters 63% 63% Total 60% 54% County Overcrowding (Percent of Hhlds) Homeowners 5% 5% Renters 15% 14% Total 9% 9% City Overcrowding (Percent of Hhlds) Homeowners 9% 10% Renters 21% 21% Total 15% 16% Source: 2010, 2015-2019 ACS Packet Page. 1250 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-25 HOUSING OVERPAYMENT Households are overpaying when they pay more than 30 percent of income toward housing. Overpayment often occurs when family members have insufficient income for housing; that could be due to either insufficient income from work or very high housing costs. Moderate overpayment refers to paying 30 to 50 percent of income toward housing; severe overpayment refers to paying more than 50 percent of income toward housing. The net effect is that residents face a greater level of housing insecurity and inability to afford other life necessities. In San Bernardino city, 39 percent of homeowners with a mortgage and 60 percent of renter households overpay for housing (Table 5-11). Overpayment for homeowners in nearby cities is comparable, averaging 36 percent, and ranging from 29 to 41 percent. Overpayment for renters in San Bernardino is consistently higher. Housing overpayment for renters in surrounding cities ranges from 42 percent in Yucaipa to about 59 percent in Rialto. In the County, the City’s prevalence of housing overpayment is the highest of the cities for renters but average for owners. Figures 5-11a and 5-11b show the high percentages of renter overpayment citywide, with the highest rates of overpayment occurring in the northern and central portions of the City. The high proportion of lower income households in the City, a shortage of apartments, and higher rents contribute to a higher prevalence of renter overpayment. According to the 2006-2013 and 2015- 2019 CHAS, the prevalence of renter overpayment increased in north San Bernardino, above the SR-210, most likely due to the increased prices (and therefore renting costs) of single-family homes. Declines in the prevalence of renter overpayment occurred in the central city (SR-210 south and north of I-10) except for near the airport. Renter overpayment did not increase significantly in areas noted for displacement. As shown on Figures 5-11c and 5-11d, the distribution of overpayment for homeowners ranges from 20 to 60 percent. The highest rate of overpayment is in the central core—this area has households with the lowest income. Conversely, the lowest prevalence of overpayment is in the northern (where incomes are highest) and the southern and eastern portions of the City, where home prices are significantly lower than average relative to household income. As mentioned earlier, homeowner overpayment has declined regionally and locally over the last decade. In San Bernardino, the prevalence of homeowner overpayment fell in about 75 percent of all tracts. Table 5-11 Prevalence of Overpayment Jurisdiction Owner HH Renter HH San Bernardino 39% 60% Colton 37% 56% Loma Linda 33% 53% Redlands 33% 52% Rialto 41% 59% Yucaipa 29% 42% County 36% 54% Source: 2015-2019 ACS Packet Page. 1251 Fair Housing Assessment 5-26 January 2024 Figure 5-11a Percentage of Renter House-holds Overpaying for Housing, 2010-2014 Packet Page. 1252 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-27 Figure 5-11b Percentage of Renter House-holds Overpaying for Housing, 2015-2019 Packet Page. 1253 Fair Housing Assessment 5-28 January 2024 Figure 5-11c Percentage of Owners Overpaying for Housing, 2010-2014 Packet Page. 1254 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-29 Figure 5-11d Percentage of Owners Overpaying for Housing, 2015-2019 Packet Page. 1255 Fair Housing Assessment 5-30 January 2024 HOUSING / SUBSTANDARD CONDITIONS San Bernardino’s housing stock is varied in age, style, location, and condition. No recent housing surveys exist due to lack of City resources, the recession, City bankruptcy, and COVID. This year, 2023, has been a turning point for the City to reestablish its Housing and Code Enforcement Divisions. Staff hiring has allowed the City to begin refocusing efforts on educating residents about city codes, enforcing regulations, and focusing on a broader housing strategy. The following are descriptions of housing conditions, based on field observations from Code Enforcement staff. • Demolition. Houses that need to be torn down due to dilapidated conditions. Those homes have serious structural defects including, but not limited to: roof rafters exposed and deteriorated, walls with extreme fire and flood damage, lack of windows with interior elements exposed, copper piping removed, old electrical wires, and aged plumbing that no longer functions properly. The City estimates that up to 2 percent of the housing stock (1,333 units) requires demolition and would be more economical to replace than rehabilitate. • Major Repair. These units have a sound underlying structure, but major repairs and replacement activities are needed to bring the house up to current codes and make it livable. Improvements include re-roofing, electrical and plumbing replacement, replacement of exterior siding/stucco, the replacement of rehabilitation of interior kitchen/bathroom, and repairs to exterior painting, windows and doors. The City estimates that 7 to 10 percent of housing units (4,630 to 6,614 units) require major repairs. • Moderate Repair. These housing units are structurally sound and in livable condition, but need exterior repairs such as roof repairs, interior/exterior paint, and upgrade of some windows and doors, interior kitchen and bathroom upgrades, and accessibility improvements. The repairs needed are largely related to the age of housing and gradual decline of existing interior and exterior components associated with normal maintenance and repair. City staff estimate that up to 20 percent of homes (113,230 units) require moderate repairs. Finally, the City has 46 mobile home parks which are inspected by HCD for structural conditions. Although no parks were suspended in 2022 and 2023, visual observation indicates that many of the units also need repair, replacement and, in some cases, demolition. Code Enforcement staff indicate that the need for demolition, repair, and rehabilitation needs exist equally between single- and multiple-family homes, and that needs are dispersed citywide, with no neighborhoods being disproportionately impacted. This is because the vast majority of residents are low income and lack the financial resources to improve their homes. Moreover, many rental properties are owned by absentee landlords, who are responsible for repairing their units. In the coming years, the Housing Plan includes Program 3.1 to conduct a survey to clarify and document the housing conditions in the City and funding sources to assist our residents. Packet Page. 1256 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-31 HOUSING OVERCROWDING Housing is overcrowded when there is more than one resident per habitable room in a home. Overcrowding often occurs when nonfamily members have insufficient income and therefore Moderate overcrowding refers to 1 to 1.5 persons per room and severe overcrowding is more than 1.5 persons per room. Overcrowding can lead to accelerated wear and tear on housing units, parking shortages, and higher levels of stress for residents who have inadequate living space. Table 5-12 displays data for households that experience overcrowding. Countywide, the overcrowding rate was 4.8 among homeowners and 11.8 among renters. In nearby cities, overcrowding for homeowners ranged from approximately 2 to 10 percent; San Bernardino had one of the highest rates of owner overcrowding at 10 percent. Renter overcrowding ranged from about 4 percent in Loma Linda to about 23 percent in Rialto. Similarly, San Bernardino renters also had one of the highest rates of overcrowding at 20 percent – more than double the statewide average of 8 percent. Housing overcrowding in the City is likely due to various factors, including the following. • Inappropriate housing supply. In total, 24 percent of the City’s households are large families, and over half are low income. The lack of large enough housing is typically most acute in apartments, which often are predominantly 1 or 2 bedroom units. • High housing costs. With the recent escalation in housing prices and rents, many lower income households simply do not have enough income to afford housing. As a result, families will rent rooms or live in smaller sized housing in an effort to afford a dwelling. • Student population. The City is home to CSUSB and has a significant student population. Therefore, to reduce housing costs, it is very common for students to live two or more to a room, which often results in overcrowding. Figures 5-12a and 5-12b geographically displays overcrowding data for San Bernardino city. The largest change in overcrowding included declines in the westside and southern San Bernardino, around the airport (predominantly industrial), and slight increases in eastern and northeast San Bernardino, primarily in the unincorporated sphere. While there are slight changes in the prevalence of overcrowding in some census tract, the net effect is no overall change citywide. Table 5-12 Prevalence of Overcrowding Jurisdiction Owner HH Renter HH San Bernardino 10.0% 20.6% Colton 7.5% 16.9% Loma Linda 3.7% 3.8% Redlands 2.3% 6.0% Rialto 10.4% 23.3% Yucaipa 2.5% 4.7% County 4.8% 11.8% Source: 2015-2019 ACS. Packet Page. 1257 Fair Housing Assessment 5-32 January 2024 Figure 5-12a Prevalence of Housing Overcrowding, 2010-2014 Packet Page. 1258 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-33 Figure 5-12b Prevalence of Housing Overcrowding, 2015-2019 Packet Page. 1259 Fair Housing Assessment 5-34 January 2024 DISPLACEMENT RISK Displacement refers to a situation where households can involuntarily lose their housing. This can result from a variety of factors, including large-scale development activity, significant reinvestment or disinvestment in neighborhoods, and changes in local and regional job opportunities. Displacement can also occur when households are priced out of the market, when buildings and apartments change ownership, or if there are insufficient housing options. In some cases, displacement can also lead to gentrification, where the newer residents that move into an area have higher income levels or a different racial makeup than the residents who were displaced. Assessing displacement risk is complex, with no agreement on how it should be measured. Moreover, some of the factors that can drive displacement (such as greater neighborhood investments) are needed to improve quality of life. The Urban Displacement Project has developed an Estimated Displacement Risk (EDR) model that calculates displacement risk for low-income renter households in all census tracts statewide. Displacement risk means that in 2019 a census tract had characteristics that are strongly correlated with more low-income renter population loss than gain; in other words, more low-income households left these neighborhoods than moved in. Regionally, areas at risk of displacement include portions of Upland, Claremont, Ontario, Redlands, and Fontana, Hemet and downtown Riverside. The three primary areas are downtown San Bernardino, downtown Riverside, and Hemet––with San Bernardino being the largest area. However, it should be noted that the EDR model results are “modeled” displacement risks based on a statistical formula and the accuracy of the data cis unknown. Because the EDR data does not identify the causes of displacement, UDP recommend that the tool NOT be used to assess vulnerability to investment, be incorporated into impact assessments, or equity scoring tools. The EDR provides three layers of displacement information. The “Overall Displacement” map layer shows the number of income groups experiencing any displacement risk. Displacement risk is calculated for two household income groups: low income and very low income households. For these two layers, tracts are assigned to either a darker red color representing higher displacement risk, or lighter orange colors representing less risk. The three levels of risk are as follows: • Probable: Potential displacement of the given population in these tracts. • Elevated: Moderate amount of displacement (e.g., 10 percent) of the given population. • High: Relatively high amount of displacement (e.g., 20 percent) of the given population. Figure 5-13 displays the displacement risk data for San Bernardino. Primary displacement risk for lower income households exists in the downtown and central areas. The 11 census tracts and the centermost area of the City are at extreme risk of displacement, meaning that over 20 percent of the lower income population in each census tract is at risk of displacement or is leaving the area. Displacement risk can be combated through the development of new affordable housing options. Packet Page. 1260 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-35 Figure 5-13 Prevalence of Housing Displacement Risk Packet Page. 1261 Fair Housing Assessment 5-36 January 2024 UNHOUSED POPULATION Homelessness continues to be a significant issue in San Bernardino County. Factors contributing to increases in homelessness may include lack of available resources, spikes in rent, loss of employment, housing evictions, lack of affordable housing, and reductions in public assistance to lower income households. The 2022 San Bernardino County Homeless Count recorded 3,333 unhoused people Countywide— a 75 percent increase since 2016 (see Figure 5- 14). In San Bernardino, however, the number of homeless people increased 140 percent. Though the number of shelter beds have increased in the City, that increase has been far outpaced by the increase in the number of homeless people. San Bernardino has the highest number of homeless people in the County (Table 5-13). In 2022, 1,350 people were unhoused, but that number increased in 2023. Of that total, 992 persons were unsheltered, 238 were sheltered, and 120 were in transitional housing. About 70 percent of unhoused residents were male and 30 percent were female. In terms of demographics, 38 percent of homeless people were ages 25 to 30, 40 percent were Hispanic, and 27 percent became homeless in the past year. Chapter 2 of the housing element provides additional data. It should be noted that other homeless counts, using more expansive definitions, are higher than the County’s official Homeless Count, which conforms to HUD’s Continuum of Care program. The California Department of Education counts homeless public school students whose nighttime residence is (i) shared housing with others due to loss of housing, economic hardship, or similar reason, (ii) a hotel or motel, (iii) a temporary shelter, or (iv) unsheltered. The first two categories of temporary residences are not included in the federal definition of homelessness. According to this more expansive definition used by the Department of Education, up to 3,620 students/youth in the San Bernardino City Unified School District are precariously housed. Table 5-13 Unhoused Population, San Bernardino Region 2022 Jurisdiction Persons Unhoused San Bernardino 1,350 Colton 199 Loma Linda 9 Redlands 184 Rialto 7 Yucaipa 11 County 3,333 Source: County Homeless Count 2022. 0 200 400 600 800 1,000 1,200 1,400 1,600 2016 2018 2020 2022 Unsheltered Sheltered Unhoused Total Figure 5-14 Homeless People in San Bernardino City Packet Page. 1262 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-37 Providing the unmet need for emergency shelter, transitional housing, permanent supportive housing, and other housing arrangements represents a major challenge in San Bernardino. In December 2022, the City approved a Homelessness Solutions Action Plan and allocated $24.5 million in ARPA funds to address the unmet need for shelter. In February 2023, the City Council approved a local Homelessness State of Emergency Declaration and shelter crisis pursuant to Government Code (GC) § 8698. In response, the City Council adopted a homeless state of emergency plan in May 2023 for the delivery of additional housing options and supportive services. These plans will add up to 535 new beds (or 65 percent of the total need) to the City’s inventory of housing for homeless residents. A summary of projects and ongoing efforts include: • Complete the 30-unit U.S.VETS permanent supportive housing project, which will be a project reserved for homeless veterans. • Complete the 85-bed Mary’s Village transitional housing project, the first for men, as part of its 10-acre, multiservice complex that is approved for development. • Complete the proposed 170-bed Lutheran Social Services Center, a multiservice homelessness campus in central San Bernardino. • Develop the Pacific Village complex, which will add 100 shelter beds and 32 recuperative care, transitional beds. Phase 1 has been completed. • Develop the SBHOPE campus, a 225-bed navigation center campus at 796 E. 6th Street. The City owns a 5.5-acre site that is slated for interim units and supportive services. • Contract with local motels to provide interim housing for up to 200 people while the navigation center is being completed. • Staff the eight-member Homeless Prevention Outreach Team to support substance use disorder services, mental health services, and engage with clients on a peer level. • Work with the Salvation Army to facilitate the reuse of an additional site that could accommodate an additional 200 homeless people during the Emergency period. • Provide a flexible mix of services for homeless people in different situations, including mobile showers, recovery services, workforce development, etc. • Continue advocacy for additional state and federal funding, including possible shelter opportunities in other areas of San Bernardino, as feasible. Packet Page. 1263 Fair Housing Assessment 5-38 January 2024 5.4 ACCESS TO OPPORTUNITY AB 686 requires the AFH to evaluate access to employment, schools, transit, housing mobility, and a healthy living environment throughout the City. The analysis must also assess any disparities in access to opportunity, such as further distance to jobs, proximity to hazardous environmental conditions, or limitations in the ability to move between neighborhoods. RESOURCE OPPORTUNITY California Government Code § 65583 (c)(10)(A)(ii) requires the AFH to include a map of access to resources such as living-wage jobs, good schools, quality neighborhoods, and environment. The California Tax Credit Allocation Committee (TCAC) issues opportunity maps each year that provide insight into the local issues to address in the AFH. Overall, opportunity maps are intended to display which areas, according to research, offer low-income children and adults the best chance at economic advancement, high educational attainment, and good physical and mental health. According to the Task Force’s methodology, the tool allocates 20 percent of the tracts in each region with the highest index scores to the “Highest Resource” designation and the next 20 percent to the “High Resource” designation. These two categories are intended to help State decision-makers identify tracts where research suggests low-income families are most likely to thrive, and where they typically do not have the option to live, but might if given the choice. As illustrated in Figure 5-15 and described below, key findings are as follows. • High Resource Areas. The areas have high levels of employment and proximity to jobs, access to high educational resources, low poverty rate, and low environmental pollutants. There are high resources tracts in the northernmost part of the City. These areas contain primarily newer residential developments farther from industrial developments. • Moderate Resource Areas. These tracts generally have access to some of the same resources as the high resource areas, but have longer distances to travel to jobs, lower median home values, fewer educational opportunities, and a greater level of environmental concerns. There are a few moderate resource areas in the City, including some census tracts to the northeast. • Low Resource Areas. Low resources areas refer to areas where the majority of residents have limited access to quality education, economic opportunities, transit, and a healthy environment. The central core is designated as low resource and high segregation and poverty, meaning that this area is composed primarily of minority residents who are low income and are disconnected from the City’s health, housing, and economic resources. Packet Page. 1264 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-39 Figure 5-15 TCAC Composite Resource Score Packet Page. 1265 Fair Housing Assessment 5-40 January 2024 ECONOMIC DEVELOPMENT The City of San Bernardino has a diverse economy consisting of a variety of industries. As of 2020, the ACS reported 86,836 currently employed residents. The highest number of residents (18 percent) work in educational services, and health care and social assistance industries. An estimated 14 percent work in retail, and about 13 percent work in transportation and warehousing and utilities. About 9 percent work in construction, and a small percentage work in arts and entertainment. Major employers in the City include San Manuel, Amazon, CSUSB, Dignity Health Community Hospital, St. Bernardine Medical Center, San Bernardino County, and the Burlington Distribution Center among others. TCAC maps provide insight on the condition of the local economy versus other areas of the region. These maps rely on an index that combines five variables—poverty, adult educational level, unemployment rate, job proximity, and median home value. San Bernardino’s economic scores are lower than many areas located in the eastern, western, and southern parts of the county. The key drivers of low economic development opportunity scores are threefold: college educational attainment, higher rates of poverty, and higher rates of unemployment. Cities with similar conditions include the industrial portions of Ontario, Fontana, Rialto, and Colton—which face the same socioeconomic conditions as San Bernardino. (Figure 5-16). This area is multijurisdictional, located between the SR-201 and I-10, and extends west from Highland through Ontario. San Bernardino’s poorer economic conditions are mostly citywide, and harken date back 50 years. The 1982/1983 closure of the Kaiser Steel plant in Fontana—a major source of employment for San Bernardino residents—eliminated 8,000 jobs. In 1992, the Santa Fe Railway moved its maintenance shop to Topeka, Kansas, taking with it another 7,000 jobs. The federal base realignment and closure of Norton Air Force Base in 1994 caused the loss of 20,000 jobs and of $1 billion to the local economy. The meltdown of the real estate industry in the mid-2000s, city bankruptcy in the mid-2010s, and the pandemic of the 2020s took further tolls on the economy. The City of San Bernardino as a governmental institution is attempting an economic rebirth and has formally exited bankruptcy proceedings as of 2022. The former Norton Air Force Base has transitioned to the San Bernardino International Airport operated by the Authority (SBIAA). The Inland Valley Development Agency (IVDA) and SBIAA estimate that they have had an economic impact of 14,500 jobs. Large educational institutions (State and Community College District) have spurred growth in the educational sector. Meanwhile, the City’s health sector continues to grow with the addition of a new medical school and health care institutions downtown. Packet Page. 1266 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-41 Figure 5-16 TCAC Economic Opportunity Score Packet Page. 1267 Fair Housing Assessment 5-42 January 2024 The City of San Bernardino has a variety of tools in place to stimulate economic development. In 2017, the Tax Cuts and Jobs Act created the Opportunity Zones tax incentive, an economic development tool that allows people to invest in distressed areas. Its purpose is to spur economic development and job creation in distressed communities by providing tax benefits to investors. In 2018, 27 census tracts in San Bernardino were designated Opportunity Zones (OZ)— encompassing the areas that score the lowest in economic opportunity. In the past few years, the City has begun to see investment: • Creation of new office space for the San Bernardino County Department of Behavioral Health Juvenile Justice Program. RevOZ and its affiliates made a 10-year investment in OZ equity to support construction of the $6 million center. • Construction of a $30 million, 180,000-square-foot speculative distribution facility on a 10-acre site near the San Bernardino International Airport. The new development is part of the OZ investment fund Starpoint Properties launched last year. • OZ financing is also being explored for the demolition of the Carousel Mall, a 43-acre site, and its future redevelopment as a planned mixed-use community, the centerpiece and catalyst project intended to spur the revitalization of downtown San Bernardino. Recent programs to improve workforce training include: • San Bernardino Valley College. In 2023, San Bernardino Community College District was awarded $20 million from the California Workforce Development Board to expand career training programs in the areas of water, health, logistics, trucking, and energy-utility line clearance. SBVC also received $1.5 million for the Clean Energy Hybrid and Electric Vehicle Technician Program that will train a workforce to work on these types of vehicles. • Nonprofit Workforce Training. Nonprofits have also received funding for workforce training. In 2019, Citadel Community Development Corporation, a San Bernardino–based nonprofit, received a grant of $1.5 million from the U.S. Department of Labor. The funding will allow Citadel to carry out its mission of helping formerly incarcerated Inland Empire residents re-enter the workforce by funding on-the-job training and support for new hires. • Employment and Training. Local nonprofits have been active in providing direct assistance to train residents. In 2017, the San Manuel Band of Mission Indians (SBBMI) donated $3.4 million to Goodwill to train and place up to 1,580 residents through Goodwill's Career Pathways Program. In 2021, SBBMI donated an additional $4.0 million. Goodwill also operates a Career Resource Center along Waterman Avenue. These are just a few of the many private sector and non-city efforts underway to stimulate economic development in the community. Packet Page. 1268 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-43 EDUCATIONAL OPPORTUNITY San Bernardino’s educational system was historically segregated. Though the Brown v. Board of Education (1954) decision at the US Supreme Court found segregation in public schools unconstitutional, it took decades for San Bernardino schools to formally desegregate. Segregation in San Bernardino was largely the result of restrictive covenants, evidenced by Blacks and Mexican Americans living on the City’s west side. After decades of slow progress, in 1972, the NCAAP filed a lawsuit and on June 27, 1972, Superior Court Judge Egly ordered integration of city schools by 1974. Following years of appeals, in September 1976, the California Supreme Court upheld Judge Egly's decision, and the district was forced to integrate schools by the 1979-80 school year.2 Fifty years later, the San Bernardino City Unified School District encompasses approximately 100 schools serving 47,000 students in San Bernardino, Highland, and a few unincorporated areas. The SBCUSD’s total budget is $825 million annually. Within the SBCUSD are 67 elementary schools, 11 middle schools, 8 high schools, and 3 K-12 schools. In addition, the district has 4 continuation schools, 4 alternative schools, and 2 special education schools. Student demographics are primarily Hispanic (81 percent), followed by Black (10 percent), White (5 percent), and all others (5 percent). On average, 63 percent of the students are economically disadvantaged. Regionally, San Bernardino’s educational attainment is similar to surrounding communities such as Rialto, Colton, Grand Terrace, Fontana, and surrounding unincorporated islands. Attainment is generally lower in a band south of the SR-210 and north of I-10, extending from west Highland westward to the City of Fontana. This large portion of San Bernardino County has generally lower income than wealthy areas in the far west and far east San Bernardino County. It should also be noted that the demographics are disproportionately Hispanic and Black. High school graduation rates are also markedly lower than the east/west end of the Valley. Many schools are Title 1. The educational scores in this area are multijurisdictional and span the entire center of the valley. Title I is a federally funded program authorized under the Elementary and Secondary Education Act (ESEA) of 1965, as reauthorized by the “Every Student Succeeds Act (ESSA).” The program is intended to give all children a significant opportunity to receive a fair, equitable, and high-quality education and to close educational achievement gaps. In Title 1 schools, children from low-income families make up at least 40 percent of enrollment, and the schools are eligible to use Title I funds to operate programs to raise the achievement of the lowest-achieving students. Funds are used to support evidence-based educational strategies that close the achievement gap. All schools in San Bernardino are Title 1 schools regardless of population makeup of the surrounding neighborhood, although two tracts in the north show higher educational achievement. 2 Fighting School Segregation in San Bernardino: How activists challenged a geography of segregation in the 1960s. Maile Costello and Daniela Gomez, ed. by J. Tilton, a U of R REST Public History Project March 4, 2022. Accessed at: https://storymaps.arcgis.com/stories/13d98519b5e2499fa4c6c9eaf606c585 Packet Page. 1269 Fair Housing Assessment 5-44 January 2024 Figure 5-17 shows differences in educational achievement in San Bernardino cities based on TCAC models. Most of the City falls within the lowest two tiers of educational achievement. CDE provides a more fine-grained assessment of academic attainment. As shown in Table 5- 14 for ELA proficiency, 8 percent of city schools score in the blue and green tiers compared to 25 percent Countywide. SBCUSD and County schools mostly score in the yellow-orange tiers. The primary difference between the City and County is that a significantly lower proportion of SBCUSD scores are in the top tiers. However, SBCUSD has almost the same proportion of schools scoring in the red tier as the County. As shown on the California School Dashboard 2022 platform, school ranking is generally low regardless of location or demographics.3 The issue of workforce readiness is related to adult educational attainment. According to the American Community Survey, 31 percent of adults 25 years and older, nearly one in three, do not have a high school diploma. This is the second highest rate in San Bernardino County and is nearly double the County median of 18 percent. A high school diploma or college degree opens many career opportunities that are typically closed to those without these achievements. The education level of residents is evidence of the quality and diversity of the labor pool—an important factor for businesses looking to locate or expand in the region. Moreover, a less educated workforce has a higher rate of unemployment or underemployment. Recently, public advocates and the ACLU filed a lawsuit against the San Bernardino County Office of Education (SBCOE). The lawsuit was filed on behalf of the Inland Congregations United for Change (ICUC), a nonprofit comprising 63 interfaith congregations in San Bernardino and the Congregations Organized for Prophetic Engagement (COPE). The complaint alleges that SBCOE provided insufficient oversight in ensuring that the Local Control and Accountability Plan prepared by several districts, including SBCUSD, showed funding was adequately targeted for low-income students and students of color, English language learners, and foster youth. On June 14, 2021, the California Department of Education issued an order for corrective actions.4 3 California School Dashboard Navigator 2, online at: https://www.arcgis.com/apps/dashboards/62027fd0854044b7a28a4d9a89358ae6 4 The California Department of Education decision regarding the lawsuit filed by the Public Advocates and ACLU can be accessed online at: https://www.publicadvocates.org/wp-content/uploads/2021/06/06_14_2021-final_cde-decision-sbcss-003.pdf. Table 5-14 Academic Performance Jurisdiction City County English Language Arts (ELA) Blue (Highest) 3% 5% Green 5% 20% Yellow 39% 38% Orange 51% 32% Red (Lowest) 1% 4% Math Proficiency Blue (Highest) 1% 4% Green 7% 18% Yellow 42% 41% Orange 45% 29% Red (Lowest) 5% 7% Source: California School Dashboard, CDE, 2018/2019. Packet Page. 1270 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-45 Figure 5-17 TCAC Educational Opportunity Score Packet Page. 1271 Fair Housing Assessment 5-46 January 2024 HOUSING OPPORTUNITY San Bernardino continues to facilitate the development, maintenance, and rehabilitation of housing opportunities affordable to renters and homeowners, suitable to individuals and families of different needs, and that provide opportunities for housing security and mobility. This includes both the production and protection of affordable housing Affordable Housing Inventory As summarized in Table 5-15, San Bernardino has an extensive inventory of affordable housing units. For instance, 46 mobile home parks provide roughly 4,100 rent-stabilized units for families and seniors. Also, 38 housing projects provide about 3,800 affordable units for veterans, seniors, and families. The Housing Authority distributes 3,600 rental vouchers to City residents—including 30 percent for female-headed families with children, 31 percent for seniors, and 43 percent for households with a disability. And an unknown number of market-rate affordable housing units are also available. New Housing Production San Bernardino is also increasing the production of affordable and market rate housing projects, as described in Chapter 4 of the housing element. As shown on Figure 5-18 these include housing projects for seniors, special needs, families, and other age groups that will provide more than 2,500 new homes when complete. Affordable housing projects include, but are not limited to: • Seccombe Lake • Arrowhead Grove, Phases IV to VI • Former Meridian Apartment site • Accessory Dwellings • Housing for homeless people Table 5-15 Affordable Housing Inventory in San Bernardino Type of Affordable Housing Project/ Units Rent Stabilized Mobile Home Parks 46 MHPs ~ 4,100 units Affordable Apartments Receiving Subsidies 38 projects ~3,800 units Rental Housing Choice Vouchers from the PHA N/A projects ~ 3,600 units Source: City of San Bernardino, 2023. Senior54% Large Family 20% All Ages17%Special Need Transition al PSH 3% Figure 5-18 Percentage of Existing Affordable Housing Units by Group Packet Page. 1272 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-47 • Figure 5-19 Housing Choice Vouchers by Census Tract Packet Page. 1273 Fair Housing Assessment 5-48 January 2024 Accessory Dwelling Units The City has a successful record of facilitating the development of accessory dwellings (ADU). The current distribution is 43 percent moderate income, 42 percent low income, and 15 percent extremely low income. Based on conversations with developers, ADUs affordable to lower income households are being built in northern San Bernardino, such as in Verdemont Ranch. Citywide, in 2022, 270 building permits a projected to be issued for ADUs, and two thirds are affordable to lower income households. Two hundred ADUs are anticipated to be permitted in San Bernardino, from 2024-2029. Improving Housing Mobility San Bernardino is predominantly a lower income community with only six tracts of its 50 census tracts designated as higher resource. While the City is developing housing in lower resource neighborhoods as a strategy to improve housing security for lower income residents, a key goal of fair housing is to improve housing mobility. The goal is to implement policies that encourage the greater integration of households of varied income levels and household types, particularly within neighborhoods which have access to higher resource opportunities. Prior analysis demonstrated that four tracts in Northwest San Bernardino are higher resource (one is designated high resource and the other three are designated as moderate resource). To increase the supply of affordable housing for lower income households within higher and moderate resource opportunity census tracts, the City is relying on a fourfold strategy described below and included in section 5.9 of this chapter and Table 5-29. 1. Approve accessory dwelling unit applications in Northwest San Bernardino like the 84- unit single-family residential subdivision that has ADUs included for each home site. 2. Surplus City-owned parcels that are zoned for single-family homes and require such projects to include affordable single-family homes in compliance with the SLA. 3. Affirmatively market housing choice vouchers to 16 apartment property owners in the area to encourage the use of vouchers for lower income residents 4. Work with the HASCB to ensure the preservation of affordable housing units in the area, particularly the 10-unit Kendall Drive projects. Accessory Dwelling Units in San Bernardino Packet Page. 1274 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-49 TRANSPORTATION ACCESS San Bernardino has some of the most extensive infrastructure of freeways, transit lines, and arterials. Transit service is related to environmental justice in that adequate and affordable transit should be available to residents of all incomes, and particularly to those who are “transit dependent.” Transit should be designed to connect residents with job centers, governmental offices, medical centers, parks and recreation, and educational opportunities to the extent feasible. Metrolink Rail San Bernardino operates two Metrolink stations, located on either side of the I-215. Metrolink trains depart weekdays every 10 to 20 minutes during peak frequency. Service typically operates during the week from 3:30 am to 10:00 pm, depending on the station. Weekend service typically operates between 6:30 am and 7:30 pm. The Downtown Station is the easternmost terminus for the San Bernardino Line, which originates 53 miles to the west at Los Angeles Union Station. The San Bernardino Metrolink serves approximately 3,500 riders during the weekdays. Bus Service Omnitrans operates 14 bus routes in San Bernardino that connect to a variety of points, and most routes connect to the Downtown Transit Center. Routes in San Bernardino typically operate every 20 to 30 minutes during peak hours. The SBx Green Line travels a 16-mile route along the E Street Corridor, from Cal State San Bernardino at the north to Loma Linda University and Medical Center at the south. This express route features dedicated bus-only lanes, traffic signal prioritization, onboard wi-fi, and bike racks. The SBx Green runs every 20 to 30 minutes on weekdays and every 30 minutes on weekends. The SBx Green Line operates between CSUSB and Loma Linda University every 20 to 30 minutes on weekdays and every 30 minutes on weekends. The City of San Bernardino has the most extensive coverage, infrastructure, and ridership levels for public transit in the county. Average weekday boarding total more than 6,000 per day and 1.8 million boardings annually. In addition, OmniAccess averages more than 56,000 boardings annually. In short, San Bernardino’s transit ridership exceeds more than the combined totals for the three largest cities in the county–Fontana, Ontario, and Rancho Cucamonga–and is expected to increaser further with revitalization efforts ongoing in the city. Packet Page. 1275 Fair Housing Assessment 5-50 January 2024 Transit Evaluation San Bernardino provides some of the most complete transit coverage in the County. As shown in Table 5-16, the City’s transit system has an extensive reach; 89 percent of households and 91 percent of all jobs are within ½ mile of a transit route. The City’s Transit Performance Score averages 6.7 out of 10, the highest in the County (Figure 5-20). The City’s interior has the highest rating of 9, and the lowest scores are in sparsely populated Verdemont, where transit demand is low. San Bernardino also has five high quality transit areas with multiple transit stops. Special services are provided to transit- dependent users, as described below. • Students. Omnitrans’ Free Fares for School program offers students free rides to school. Students with a valid K-12 student ID can board any of Omnitrans’ fixed route services for free. The program was designed to allow students to get to school and extracurricular and recreational activities, encourage school attendance, and promote equity. • Disabled People. OmniAccess Service is a shared-ride service for people whose disabilities prevent them from using regular fixed-route service. OmniAccess provides curb-to-curb service and is available during the same periods that fixed-route service operates. OmniAccess serves up to 0.75 mile on either side of a bus route. Personal care attendants and young children ride free. More than 56,000 boardings are recorded each year. • Low Income Riders. San Bernardino largely consists of lower income census tracts. An estimated 80 percent of the households who live within 1/2 mile from transit have lower income, earning less than $75,000 annually. The primary gap is in the Verdemont area, although this area is only sparsely developed, located near the base of the mountains, and has a relatively low demand for transit. • Title VI Equity Analysis. In 2023, OmniTrans adopted its Short-Range Transit Plan and has certified that the impacts of service and fare changes are not discriminatory and are distributed equitably in compliance with federal Title VI protections. Table 5-16 Transit Metrics, San Bernardino Transit Indicators No. County Ranking Transit Routes within ½ mile of the average block group 6 1st Transit Trips Available per week to average block group 2,483 2nd Jobs w/in ½ mile of transit 91% N/A Hhlds w/in ½ mile of transit 89% N/A Transit Connectivity and AllTransit Performance Score 6.0 6.7 2nd 1st Est. percent of households living within ½ mile of transit earning less than $75,000 80% N/A Sources: AllTransit, 2023. Packet Page. 1276 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-51 Figure 5-20 Transit Score in San Bernardino Packet Page. 1277 Fair Housing Assessment 5-52 January 2024 ENVIRONMENTAL CONDITIONS The Inland Empire, in particular San Bernardino County, has long served as the region’s gateway. The Vallery region of the County, of which San Bernardino serves as the core, is home to several international airports, four major interstate freeways, multiple railroad hubs (including BNSF railroad), and a robust trucking and warehousing sector that have fueled regional growth. In combination with existing heavy industry, mining, and manufacturing and former military uses, the valley region of San Bernardino has a complex legacy of environmental pollution. The California Environmental Health Screening Tool (CES) is a tool developed by CalEPA for analyzing environmental justice (EJ) issues. Specifically, CES can identify places that are disproportionately burdened by pollution or that have a more vulnerable population. In accordance with SB 1000, cities are required to use this tool to identify areas where EJ concerns may exist and where appropriate goals, policies, and programs are warranted. The CES calculates a score for each census tract; scores that fall within the highest 25 percent of all tracts statewide (the fourth quartile) are designated as disadvantaged by the State of California. The region that comprises the City of San Bernardino and its environmental challenges are largely the result of existing industrial land uses, transportation infrastructure, and associated pollution. The San Bernardino Valley communities that have disadvantaged areas include: 1) historic Ontario, much of the industrial complex, and areas around the airport; 2) Fontana’s industrial core (former home to Kaiser steel); 3) portions of Colton around the mine and railyard; and 4) the majority of the City of San Bernardino. Other areas in the central valley–like Chino Valley or Rancho Cucamonga– have very high pollution burdens but are not disadvantaged. Disadvantaged communities in the region, including San Bernardino, often face more than just environmental pollution. The communities noted above also tend to have high concentrations of population characteristics that are considered disadvantaged. These include higher rates of poverty and unemployment, lower levels of educational attainment, high housing cost burdens relative to income, and poorer health outcomes. However, cities like Chino and Rancho Cucamonga that have high levels of pollution are not considered disadvantaged because they are generally wealthier areas that lack the contributing population characteristics. Figure 5-21 displays CalEnviroScreen results for the City of San Bernardino. Packet Page. 1278 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-53 Figure 5-21 CalEnviroScreen Composite Scores Packet Page. 1279 Fair Housing Assessment 5-54 January 2024 Of the City’s approximately 50 census tracts (including sphere), 35 tracts (70 percent) scored as disadvantaged with respect to the composite EJ score (Figure 5-22). Only 28 tracts (56 percent) exceed the disadvantaged threshold for pollution, but 38 census tracts (76 percent) exceed the threshold for population characteristics. The central and downtown areas have the poorest CES scores, and the northern section of the City, including Verdemont, is the least disadvantaged area due to lack of industry and less transportation infrastructure (Figure 5-23). These scores show that the disadvantaged status of tracts seems to result more from population characteristics than pollution burden. CES data provide a more nuanced assessment of the City’s disadvantaged communities. In the census tracts considered disadvantaged, all are lower income census tracts. Second, the race and ethnic composition of residents in census tracts that are disadvantaged due to environmental pollution is 75 percent Hispanic, 10 percent White, 11 percent Black, and 4 percent Asian. In comparison, the City’s demographics are 68 percent Hispanic, 13 percent White, 12 percent Black, and 4 percent Asian. Hispanics are overrepresented in disadvantaged areas; other groups are underrepresented. Cleaning the environment is costly and often takes many years to complete. Some of the current cleanup activities going on include, among others: • In 2020, CARB approved a community emissions reduction program to focus on a Warehouse Indirect Source Rule, air monitoring at concrete and asphalt plants, air filtration devices at schools, and idling sweeps for truck traffic in Muscoy and west San Bernardino. • As of 2022, the Norton Air Force Superfund site (now the San Bernardino International Airport) has cost an estimated $140 million to address groundwater contamination due to dioxin; PCBs; and heavy metals including chromium, arsenic, and copper. • As of 2022, the Newmark Superfund site and its 23-square-mile plume of contaminated groundwater has cost approximately $80 million to clean up chlorinated solvents, tetrachloroethylene (PCE), and TCE in the Shandon Hills and neighboring Muscoy. Figure 5-22 CES Scores by Quartile, City of San Bernardino 0 5 10 15 20 25 30 35 40 CES Composite Pollution Burden Population Charactertistics 1st Quartile 2nd Quartile 3rd Quartile 4th Quartile Packet Page. 1280 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-55 Figure 5-23 CalEnviroScreen Pollution Burden Scores Packet Page. 1281 Fair Housing Assessment 5-56 January 2024 5.5 FAIR HOUSING ENFORCEMENT This section describes fair housing enforcement and compliance profile within San Bernardino. It consists of a description of services provided, sample of caseload, and summary of how the City complies with various state and federal fair housing laws in this housing element. LOCAL FAIR HOUSING SERVICES San Bernardino contracts with the Inland Fair Housing and Mediation Board (IFHMB) to provide fair housing services. IFHMB provides a range of services to resolve issues related to housing discrimination, homeownership sustainability, rental complaints, and disputes in court through the provision of resource recommendations, education, and mediation. The IFHMB provides resources in both Spanish and English and provides a hotline for other ESL residents in need. Key services provided are highlighted below: • Fair Housing Services. IFHMB provides information, investigation, education, conciliation, and/or referral of discrimination complaints free of charge to individuals and entities in its service area. Fair housing workshops are offered year-round to educate housing providers, tenants, homeowners, financial and lending institutions on fair housing laws. • Landlord-Tenant Mediation. IFHMB provides information about landlord/tenant rights and responsibilities. In addition, trained mediators provide mediation services to resolve conflicts between tenants and landlords. This includes both apartment properties, mobile home properties, and other homes offered for rent. • Housing Counseling. IFHMB provides confidential, one-on-one counseling for individuals facing foreclosure, requesting rental information, and experiencing homelessness. Additionally, IFHMB’s Legal Department conducts investigations into unfair and predatory lending practices for prospective or current homeowners. • Fair Housing workshops. IFHMB conducts workshops throughout the region, although COVID-19 protocols have limited efforts in recent years. Organizations can also request presentations. A calendar of events is posted online at IFHMB’s website where residents, stakeholders, and property owners can learn more. See https://www.ifhmb.com/events. • Fair Housing toolkit. IFHMB created a toolkit available through social media and online. The toolkit provides information about fair housing rights and responsibilities. The toolkit was developed to promote fair housing throughout San Bernardino, Imperial, and Riverside County, and all materials are available in English, Spanish, and Chinese. Packet Page. 1282 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-57 Fair Housing Caseload Over fiscal years (FY) 2020/21 to 2022/23, the IFHMB provided a total of 734 residents with fair housing services. The primary receivers of fair housing services were Hispanic and Black residents—52 percent Hispanic and 40 percent Black. Whites and Asian comprised the remaining 8 percent of caseload. About 14 percent were female-headed households, 17 percent were seniors, and nearly 38 percent had a disability. Of all the households that received fair housing services, about 3 percent were above moderate income, 13 percent were low income, 27 percent were very low income and 57 percent were extremely low income. Residents filed 262 specific fair housing complaints with the IFHMB over a three year fiscal period. The majority of fair housing complaints were filed during FY 2020/21, but the number of complaints declined 58 percent over the following years. The reason for the decline is unknown, but could be due to the abeyance of COVID. The most commonly cited complaint—disability— comprised more than half of all cases and is similar to regional and statewide statistics. Race and source of income were tied for the second- and third-most complaints, followed by sex. Familial discrimination comprises only 4 percent of cases, much lower than typical. Table 5-17 details the number and type of fair housing complaints received from FY 2020 through 2022 and the prevalence of each complaint as a percentage of all complaints received. Table 5-17 Fair Housing Complaints, FYs 2020–2022 FISCAL YEAR SUMMARY BASIS 2020/21 2021/22 2022/23 TOTAL PERCENT Disability 85 29 23 137 52% Race 16 9 5 30 11% Source of Income 10 5 15 30 11% Sex 9 10 4 23 9% Arbitrary 4 4 5 13 5% Familial Status 5 2 3 10 4% Age 2 4 2 8 3% National Origin 4 2 0 6 2% Total 138 66 58 262 100% Source: Inland Fair Housing Mediation Board, 2020-2023. Notes: Religion and color recorded 0 cases, sexual orientation 2 cases, marital status 3 cases. Packet Page. 1283 Fair Housing Assessment 5-58 January 2024 Landlord-Tenant Services The IFHMB also provided 3,856 with tenant-landlord dispute services. Of the community members served, about 66 percent were Hispanic and about 27 percent were Black. Also, 10 percent of were female-headed households, about 11 percent were seniors, and 18 percent had at least one disability. Overall, the total number of persons who received support from landlord-tenant services decreased from 1,531 in FY 2020/2021 to 1,057 in FY 2022/2023 (about 31 percent), although to a lesser degree (decline) than fair housing complaints. Table 5-18 displays the landlord tenant disputes data. Over the three-fiscal year period, 1,212 disputes were filed with IFHMB. The highest year was FY 2020/21, but the number of disputes fell 25 percent by FY 2022/2023. Eviction was the most commonly reported landlord-tenant dispute, totaling 516 cases. In FY 2022-23, the number of evictions increased to 50 percent of all disputes. The high number of evictions could be due to the closure of two affordable housing projects and an illegally converted dorm that housed homeless people. Rights and responsibility, repairs, and rent increases followed eviction as the primary causes of disputes filed by renters. Table 5-18 Landlord-Tenant Disputes, FY2020-2022 FISCAL YEAR SUMMARY BASIS 2020/21 2021/22 2022/23 TOTAL PERCENT Eviction 193 154 169 516 43% Rights & Responsibility 139 76 56 271 22% Repairs 92 83 72 247 20% Rent Increase 28 56 43 127 10% Security Deposit 13 8 8 29 2% Neighbor Dispute 6 4 4 14 1% Shared Utilities 1 3 2 6 0% Foreclosure 0 1 0 1 0% Illegal Entry 0 1 0 1 0% TOTAL 472 386 354 1,212 100% Source: Inland Fair Housing Mediation Board, 2020-2023. Generally, the above results conform to what was learned during the housing element update. The City has responded in the past year by holding quarterly workshops with the Legal Aid Society, where residents, landlords, and tenants can obtain more information on these issues. Packet Page. 1284 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-59 STATE AND FEDERAL FAIR HOUSING COMPLAINTS The City enforces fair housing and complies with fair housing laws and regulation through a twofold process: review of local policies and code for compliance with state law and the referral of fair housing complaints for investigation and resolution by the regional fair housing provider. Fair Housing Complaints The U.S. Department of Housing and Urban Development and California Department of Fair Employment and Housing maintain records of fair housing complaints. From 2013 to 2021, 315 fair housing complaints were processed Countywide. Of that total, 49 cases (15 percent) were reported in San Bernardino. As shown in Table 5-19, the distribution of fair housing complaints in the City and County were very similar: disability bias was the most prevalent, at 46 to 47 percent, followed by race at 34 and 35 percent, and familial status at 10 percent. Those who reported disability bias identified the failure to make reasonable accommodation and refusal to rent as the primary offenses. Those who reported familial status bias identified refusal to rent or discriminatory terms as the primary offense. Those who reported national origin/race and color bias identified refusal to rent or sell, discriminatory financing, and advertising. Those who reported fair housing issues based on sex reported coercion and advertising or statements and those who reported based on religion identified discriminatory refusal to rent and discriminatory terms and conditions. Table 5-20 shows the outcomes for all filed in the City. Over half the complaints were settled as no cause determination, 30 percent were successfully settled, and 16 percent were withdrawn or dismissed. The high proportion of no-cause determinations is notable. IFHMB provides programs and services focused on eliminating housing discrimination, providing general assistance and counseling, education, and outreach activities. Table 5-19 Fair Housing Complaints Discrimination Bias San Bern. City San Bern. County Disability 47% 46% Race/ National Origin 35% 34% Familial Status 10% 10% Religion 4% 2% Retaliation 0% 2% Sex 4% 6% Total 49 315 Source: HUD/FHAP Cases, San Bernardino County, 2013-2021. Table 5-20 Housing Case Closure Reasons Closure Reason Total Count No cause determination 25 Conciliation/settlement successful 14 Complaint withdrawn after resolution 4 DOJ settlement 2 Other final outcomes 4 Total 49 Source: HUD/FHAP Cases, San Bernardino City, 2013-2021 Packet Page. 1285 Fair Housing Assessment 5-60 January 2024 Enforcement and Outreach The City does not have capacity to carry out enforcement and outreach, and therefore, contracts out enforcement services to IFHMB. The City contracts out enforcement services to agencies with fair housing expertise. The primary agency is Inland Fair Housing Mediation Board (IFHMB), whose legal staff possess the necessary expertise to conduct fair housing enforcement activities. Under their contract, IFHMB provides landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to about 3,300 persons. The City actively works with IFHMB to notify them of enforcement concerns. To further ensure the enforcement of fair housing laws, the City conducts other activities. In 2023, at the request of the community, the San Bernardino Community and Economic Development Department Housing Division holds quarterly workshops with Legal Aid of San Bernardino, a fair housing provider based on downtown San Bernardino. These workshops cover a broad range of topics, and also address enforcement activities that may arise. They also serve to help staff identify emerging concerns. Chapter 6 details these efforts in greater detail, including results of interviews with Legal Aid. The City’s Housing Division also participates in fair housing outreach and enforcement activities. In 2022, the City hired a housing compliance specialist who is responsible for the following: • Inspects, monitors, and ensures compliance of City-funded affordable housing; • Takes lead in review and approval of Affirmative Marketing and Tenants Services Plans; • Conducts inspections of affordable apartments, prepares monitoring/inspection reports; • Ensures monitoring and inspection deficiencies are addressed in a timely manner; • Coordinates the Tenant-Land Lord Workshops. Finally, the City of San Bernardino’s Housing Division is responsible for preparing the Analysis of Impediments, Consolidated Plan, Affirmative Fair Housing Plan, Public Participation Plan, and compliance documentation with all city-housing service contractors and monitoring contracts to ensure that fair housing requirements are being addressed consistent with state and federal law. Packet Page. 1286 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-61 FAIR HOUSING COMPLIANCE The City of San Bernardino reviewed its general plan, zoning, land use, building, and administrative regulations as part of the 6th cycle housing element update to ensure compliance with applicable fair housing law. As the community grows and changes over the planning period, it is necessary to ensure and enforce that all persons have access to sound and affordable housing and that programs are administered in a manner that affirmatively further fair housing opportunity. The 2021-2029 Housing Element will ensure compliance with fair housing law through a variety of programs and actions that include, but not limited to, the following: • Density Bonus (GC § 65915 et seq.). Although the City has a density bonus ordinance, it has not been updated since 2013. The City will amend its density bonus program in accordance with ABs 2753, 2372, 1763, 1227, and 2345 and other laws. The Housing Element includes a program that will incorporate these revisions into the code. • No-Net-Loss (GC § 65863). The City, through its General Plan update, will designate sufficient land at all times during the planning period commensurate with its assigned RHNA and will periodically review its land inventory to ensure site availability. The Housing Element includes a program of actions to be undertaken. • Housing Accountability Act (GC § 65589.5). The HAA significantly limits the ability of a local government to deny an affordable or market-rate housing project that is consistent with planning and zoning requirements. The City will follow the regulations set forth by HCD in their September 15, 2020 technical memorandum for adhering to the HAA. • Application Processing. The City relies on state law for processing application for housing projects, conducting no more than five hearings for projects that comply with objective development standards, and making a decision on a project within 90 days after EIR certification or 60 days after adoption of an MND or EIR for affordable housing. • Objective Development and Design Standards (GC § 65913.4). The City will adopt objective development and design standards that improve certainty for the development community regarding the design of residential and mixed-use projects. The Housing Element includes a program that incorporate standards into the development code. • Homeless Accommodations. The City will revise codes for emergency shelters, transitional housing, supportive housing, and allow for low-barrier navigation centers as a by-right land use in accordance with GC §§ 65582, 65583, and 65660. Also included is recently approved AB 2339 regarding sites for emergency shelters. The Housing Element includes a program that incorporates these revisions into the development code. Packet Page. 1287 Fair Housing Assessment 5-62 January 2024 • Farmworker and Employee Housing (HSC §§ 17021.5 and 17021.6). The City will revise its zoning codes to allow for farmworker housing, agricultural housing, and employee housing as a by-right residential use or agricultural use in accordance with state law. The Housing Element includes a program incorporating revisions into the development code. • Residential Care Facility (HSC § 1502 et seq.) The City will revise its zoning code to allow for residential care facilities, alcohol and drug rehabilitation facilities, and other group housing consistent with the Community Care Facilities Act, other state law, and federal fair housing law. The Housing Element includes a program outlining actions to be undertaken. • Housing Crisis Act (GC § 66300). The 2021-2029 housing element update will not propose changes that downzone certain parcels, impose a moratorium on development, or impose design review standards that are not objective in nature. The City shall comply with requirements for replacement units at appropriate affordability levels to the extent required by California law. • Surplus Land Act (GC § 54420). The City has staff in the Community and Economic Development Department responsible for the disposition of surplus lands. City staff reviews sites and ensures that notification, advertising, evaluation, and selection processes comply with state law. All Surplus Land Act sites are GIS mapped on the City’s website. The City has hired a consultant to provide real estate services to assist in that effort. • The City’s intent is to dispose former RDA sites in compliance with the requirements of the Community Redevelopment Law (HSC § 33000 et seq.), California Relocation Assistance Act (GC § 7260 et seq. and 25 CCR § 6000 et seq.) and Housing Crisis Act (GC § 66300); advertise surplus land for sale on the City’s website for residential development; and consider bids in compliance with Surplus Land Act requirements. • Housing Discrimination (GC § 12955 et seq.). This prohibits various unlawful acts of discrimination in housing accommodations, real estate and financial institutions, multiple listing services, etc. The City hires a fair housing entity, IFHMB, to investigate all landlord- tenant and fair housing concerns. The City also refers cases to a local, state, or federal fair housing agency. The City will also periodically hold, in conjunction with fair housing providers, workshops on discrimination, landlord-tenant issues, and other related matters. Gov’t Code § 12955 et seq. also prohibits housing discrimination through public or private land use practices, decisions, and authorizations because of protected class. Discriminatory practices include but is not limited to restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 § 65000 et. seq.) that make housing unavailable. The Housing Element and programs propose amendments to the municipal code to address fair housing requirements. Packet Page. 1288 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-63 Findings, Lawsuits, Enforcement Actions, Settlements, or Judgments As required by Gov’t Code § 8899.50, San Bernadino administers programs and activities relating to housing and community development in a manner to affirmatively further fair housing and avoid any action that is materially inconsistent with its obligation to affirmatively further fair housing. The City complies with Gov’t Code § 11135 et seq., which requires full and equal access to all programs and activities operated, administered, or funded with financial assistance from the state, regardless of one’s membership or perceived membership in a protected class. Compliance with Fair Housing Statutes In developing this Assessment of Fair Housing, the City of San Bernardino has not received any of the following notifications related to fair housing concerns or civil rights violations: • A charge or letter of finding from the federal Department of Housing and Urban Development concerning a violation of a civil rights-related law. • A cause determination from the California Department of Fair Employment and Housing or local fair housing agency concerning a violation of a state or local fair housing law. • A letter of findings issued by or lawsuit filed or joined by the U.S. Department of Justice or the California Department of Justice, Office of the Attorney General, alleging a pattern or practice or systemic violation of a state and/or federal fair housing or civil rights law. • A claim under the False Claims Act related to fair housing, nondiscrimination, or civil rights generally, including an alleged failure to affirmatively further fair housing. Compliance with Housing Element Statutes On September 29, 2022, the City of San Bernardino received a notice of violation from the California Department of Housing and Community Development pursuant to State Housing Element Law (Gov’t Code, § 65585) due to its late submittal of the housing element. (www.hcd.ca.gov/sites/default/files/docs/planning-and-community/HAU/san-bernardino-NOV- 092922.pdf. The City is committed to adopting a housing element that meets all requirements of state law, including affirmatively further fair housing. The Element will be submitted in 2023. Additionally, the City has received notification of Gracia, et al. v. City of San Bernardino, CIV SB 2301818 (filed February 10, 2023), a lawsuit brought on behalf of a group of low-income residents regarding statutory violations of the housing element, laws requiring zoning and siting for emergency shelters, density bonus law, and statutory and fair housing violations regarding its maintenance of the crime-free ordinance and multihousing program. The City will submit a revised housing element to HCD in 2023 following City Council authorization. Packet Page. 1289 Fair Housing Assessment 5-64 January 2024 5.6 LOCAL CONTEXT SAN BERNARDINO HISTORY As one of the oldest incorporated communities in the Inland Empire, the City of San Bernardino has a rich and complex history dating back to the mid-1800s. The City’s history, from just before its incorporation to the present day, provides the context for this fair housing assessment. Additional reference materials are available that provide a full discussion of the City’s history. Incorporation Years San Bernardino’s formation as a city can be traced to 1851, when a company of 500 Mormons departed Salt Lake City for Southern California, where LDS leader Brigham Young envisioned a Mormon colony to facilitate overland travel between Salt Lake City and the Pacific Coast. The company arrived at Cajon Pass in June 1851 and began negotiating for the purchase of Rancho San Bernardino, a 35,000-acre Mexican land grant. In 1853, the Mormons commissioned a survey of the townsite for the San Bernardino fort. Sherwood’s “Plan of the City of San Bernardino” was modeled on the layout of Salt Lake City and consisted of a rectangular grid of 72 blocks with wide streets and one-acre lots. Near the center of town, Sherwood set aside a public square suitable for a temple; this later became a public park (today’s Pioneer Park). In 1853, the County of San Bernardino was also created and divided into three townships. San Bernardino was designated the County seat, with the Mormon Council House serving as the first courthouse. In 1854, the California legislature incorporated the City, which by then had 1,200 residents, three-quarters of them Mormon. The City was officially incorporated in 1857. Later that year, most of the colonists were recalled by Brigham Young due to the Utah War. A Los Angeles syndicate acquired much of the colony and resold it to non-Mormon settlers, who continued the agricultural and ranching work begun by their predecessors. Wheat remained the staple crop. Some settlers maintained irrigated alfalfa fields started in 1852-53 by Mormons from Australia. Some of San Bernardino’s new settlers set out vineyards, and others experimented with oranges. Railroad and Citrus Define San Bernardino The creation of a wagon road through Cajon Pass created new markets for goods in the desert settlements of California, Nevada, Utah, and Arizona. San Bernardino, at the foot of Cajon Pass, facilitated much of Southern California’s desert trade. In 1881, the Atchison, Topeka, and Santa Fe Railroad entered Southern California through Cajon Pass. San Bernardino thereafter became the division point for the AT&SF’s Los Angeles Division. The “Santa Fe” played a significant role in the development of San Bernardino and the region. New towns emerged and old towns grew rapidly. San Bernardino’s population increased from 1,673 in 1880 to 4,012 in 1890. Agricultural lands on Packet Page. 1290 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-65 the outskirts of the old colony were subdivided into residential and semirural tracts. In 1886, Santa Fe opened its railroad maintenance facility, the largest facility west of Topeka, on the west side of the City. By 1900, more than half of the City’s residents were employed by the railroad. By the late 1880s, however, the Rancho era shifted from cattle trading and grain production to a citrus industry aided by innovations in irrigation; the completion of transcontinental railroads; venture capitalism; and the labor of Native Americans, Chinese, and Mexican workers. Citrus agriculture and transcontinental railroads continued to define the economy, landscape, labor, and culture of the City in the late 1880s to mid-1920s. By 1915, San Bernardino had transformed from a scarcely populated rancho to a thriving semiurban transportation center with a population of nearly 5,000 people who enjoyed modern hotels, street lighting, theaters, railroads, and paved streets with a thriving downtown. San Bernardino celebrated its agricultural heritage during the annual National Orange Show. Later, the Great Depression affected the entire region. Thousands of Dust Bowl migrants left the Great Plains and arrived in Southern California during the 1930s. World War II and Post-war Era The 1940s to 1960s ushered in a period of growth. The country was involved in World War II and needed land for its military. Norton Air Force Base, known as the San Bernardino Air Depot, was built in 1942. The base transformed the economy, population, and job market. During the early 1940s, 20,000 employees worked at the base, and San Bernardino’s population grew from 43,000 to nearly 63,000. Another war-based company, Kaiser Steel, had over 8,000 employees. Defense workers flocked to the City to fill wartime labor shortages. Jobs at BNSF, Norton, and Kaiser Steel fueled a demand for housing, resulting in vast tracts in the City's north central and Del Rosa areas. During the 1950s, freeway construction caused a pronounced change in the City. The arrival of Interstate 10 to San Bernardino County in 1954 and its push eastward lasted into the 1960s; coupled with the railroads, this ultimately led to the prominent warehousing sector evident today. Caltrans also built Highway 395 (renamed I-215 in 1982) through San Bernardino in a north-south alignment, which veered northwest toward Cajon Pass, paralleling the Santa Fe Railroad. Using unorthodox left-exiting off-ramps, engineers deliberately steered motorists away from the Mt. Vernon colonia, giving priority to the City’s downtown and E Street districts. The freeway Norton Air Force Base Source: Tech. Sgt. Robert Simons, USAF, Public domain, via Wikimedia Commons. Packet Page. 1291 Fair Housing Assessment 5-66 January 2024 accelerated the City’s growth to the north as long-distance commuters opted for new housing near the San Bernardino Mountains and CSU San Bernardino campus, which opened in 1965. San Bernardino enjoyed its heyday during the 1960s and 1970s. It was the car-cruising capital of Southern California from the late 1940s to the early 1970s. Memories of cruising E Street or Route 66 are etched into the City’s collective memory. The City still holds the annual Route 66 Rendezvous, a four-day celebration of America's Route 66. The City’s peak came when the National League of Cities awarded San Bernardino an All-America City award in 1977. Yet it is important to note that the 1960s and 1970s were a challenging time of turbulent social change everywhere, including in the Inland Empire, and economic change was on the immediate horizon. Urban Decline and Revitalization Since the 1970s, the City has experienced extensive changes that have led to urban decline. The most frequently cited reason is closure of the “big three”—the BNSF Railroad Maintenance Yard, Norton AFB, and Kaiser Steel—which resulted in a loss of 30,000 direct jobs and another 60,000 to 90,000 jobs when economic multipliers are factored in. Another factor was the mortgage meltdown of the mid-2000s, which resulted in thousands of home foreclosures and eroded the City’s property tax base. Subsequent factors also hurt the City’s retail base (Carousel Mall, auto malls, etc.), resulting in significant losses in sales tax revenues. Other factors include pressing urban problems and insufficient investment in city infrastructure. These misfortunes culminated with the City’s bankruptcy in 2012, a terrorist attack in 2015, and the aftermath of the pandemic. In 2022, the City of San Bernadino officially emerged from bankruptcy proceedings. The City is undergoing a General Plan update and the Downtown Specific Plan that will reinvigorate downtown and provide a mix of housing for different ages and income levels. The City’s finances have significantly improved and stabilized, allowing increased expenditures for community services, public safety, and development. Building permits are at the highest levels in years. The Norton AFB continues its successful transition to a general aviation center surrounded by industrial and manufacturing land uses. Ongoing hazard cleanups are improving the City’s environment. The City is reinvesting in its neighborhoods and addressing some of its more challenging social problems, including poverty, unemployment, and crime. Downtown San Bernardino Source: San Bernardino Sun. Packet Page. 1292 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-67 SAN BERNARDINO AND MULTICULTURALISM Many San Bernardino cultures have contributed to the City. Hispanics, Native Americans, Chinese, and Blacks have played important roles, and each encountered discrimination and segregation that was common in the region, state, and nation. Though it is not possible to cover this topic in depth, the following excerpts provide context for understanding the City. Asian Americans In 1867, the first Chinese immigrants arrived in San Bernardino and soon became involved in construction of the railroads. The Chinese were forced to move in 1878 to a “Chinatown” on Third Street between what is now Arrowhead Avenue and Sierra Way due to an “Anti-Laundry Ordinance.” By the late 1890s, San Bernardino's Chinatown had 400 to 600 residents, many from the Chinese province of Guangdong. San Bernardino County facilities and Pioneer Park now occupy the former Chinatown. After the railroad lines were completed, many Chinese worked in the region’s citrus industry and in produce, on farms in what would become the Base Line Gardens tract east of Waterman Avenue. Chinese also worked as cooks, launderers, and bus boys. However, in 1882, the Chinese Exclusion Act placed a 10-year ban on Chinese laborers immigrating to the United States. When the Act expired in 1892, the US Congress extended the ban for an additional 10 years in the form of the Geary Act. By the mid-1920s, however, San Bernardino’s Chinatown was largely abandoned. The remaining Chinatown was demolished in 1959 and 1960 during a redevelopment project. As was the case throughout California, Japanese immigrants also experienced discrimination. During World War II, many were relocated to internment camps in Poston, Arizona. The War Relocation Authority operated the camp from 1942 until it was shut down in 1945. More than 17,000 people were relocated, mostly from California, including San Bernardino County. Many who returned from their experience lost their homes, business, and livelihoods. In contrast, Filipinos did not experience the same discrimination, arguably due to the fact that the island had been ceded by Spain along with Puerto Rico and Guam as a result of the Spanish American War in 1898. Today, Filipinos are one of the fastest growing race and ethnic groups in the Inland Empire. Asian Americans have also made steady progress in educational attainment and business development. And as of 2022, San Bernardino elected its first Asian-American mayor. Photograph of original San Bernardino Chinatown Packet Page. 1293 Fair Housing Assessment 5-68 January 2024 Native Americans Native Americans originally inhabited the area known as San Bernardino. After the missions were secularized, settlers created ranches, farms, mines, and logging camps. These newcomers sought to own land without obstruction. Indigenous people who remained on their ancestral lands were often the victims of harsh treatment and violence. The mid-1800s was a period of existential threat for native Americans. In 1866, a militia of white colonizers initiated a 32-day campaign to kill all Indian natives from the Big Bear Valley. Led by Yuhaaviatam tribal leader Santos Manuel, the remaining 20 to 30 members fled to Warm Creek in the San Bernardino Valley. In 1891, passage of the Act of Relief for Mission Indians recognized the San Manuel Band of Mission Indians as a sovereign nation and established the San Manuel Indian Reservation. The reservation was and still is in the San Bernardino foothills, originally on 657 acres of steep foothills. The earliest laborers for inland citrus colonies were Native Americans who picked crops and excavated irrigation canals. The Reservation was later expanded to 1,100 acres, but residents generally lived in poverty during much of the early 1900s. Housing was later placed on the reservation, but infrastructure was lacking until decades later. The opening of Indian bingo in 1986, then later a casino and water bottling plant in the 1990s and 2000s, brought change to the Reservation. Since then, the San Manuel Reservation has grown in size and become a major benefactor to the City. In 2019, the band donated $25 million to the Loma Linda University Children’s Hospital. In 2020, the San Manuel Band gifted $9 million to the University of Nevada, Las Vegas. The San Manuel Band has also funded a veterinary clinic and renovations to San Bernardino parks, and donated $3.4 million to Goodwill Southern California, among others. The history of the San Manuel Reservation can be found in detail online at: https://sanmanuel-nsn.gov/culture/history. Packet Page. 1294 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-69 Mexican Americans Though generations of Mexicans had lived in the area since the Rancho San Bernardino, the citrus industry and railroads spurred immigration. The Santa Fe railyard was one of the company’s major hubs on the west coast, and Mexican railroad workers were hired to help with track laying and grading. By 1910 the City recorded 888 foreign-born Mexicans living in the City. Moreover, many of San Bernardino’s Hispanic newcomers arrived after 1910 to escape violence associated with the Mexican Revolution. A colonia was established on the west side of San Bernardino, Mt. Vernon corridor, and Route 66 east of Mt. Vernon. Despite repatriation campaigns of the 1930s, the Mt. Vernon colonia became a thriving commercial district and established a permanent community of Mexicans in San Bernardino that remains today.5 Mexican Americans also experienced discrimination in housing, public accommodations, and other services. Community groups led significant change. In 1943, Mexican children were refused admittance to the Municipal Plunge except for one day a week, the day before it was drained and cleaned. San Bernardino’s Mexican American Defense Committee and its members and others demanded that Mexicans be allowed to use the municipal pool during all of the hours it was open to the public. In Lopez v. Seccombe, the court ruled that that the City barring Hispanic from parks, pools, and other recreational facilities was illegal under the Fifth and Fourteenth amendments. Lopez v. Seccombe became part of a larger legal movement to dismantle racial discrimination.6 During the 1940s and 1950s, many Mexican Americans served overseas defending America from the Axis powers. When the war ended, Mexican Americans were no longer willing to accept second-class citizenship, limited education and job options, or segregation. These new-found demands converged with the Civil Rights Movement of the 1960s, leading to greater integration locally. Moreover, as Mexican business owners gained financial prosperity, they attained social and political power. Still, the Westside had to contend with discrimination like the construction of the SR-395, which had ramps designed to funnel traffic to the City’s historic downtown only, cutting off the west side. These ramps would eventually be reconfigured—50 years later. Since that time, Hispanic groups have become the largest race and ethnic group in San Bernardino. Many members now hold offices at every level of government and are elected City Council members. CSUSB, a leading state academic institution, has received grants to advance economic and educational opportunity. And in 2022, the White House held a summit to highlight the Biden-Harris Administration’s commitment to advancing equity and economic empowerment and to connect local Hispanic community members directly with federal leaders and resources. 5 Ocegueda, Mark (2017),Sol y Sombra: San Bernardino’s Mexican Community, 1880-1960 Dissertation submitted to the University of California, Irvine. Accessed online at: https://escholarship.org/content/qt39x753fm/qt39x753fm_noSplash_81424a806a3e12a7154f89e40448f80e.pdf. 6 Ocegueda, Mark (2010) "Lopez v. Seccombe: San Bernardino’s Mexican American Defense Committee and Its Role in Regional and National Desegregation," History in the Making: Vol. 3, Article 4. Available at: https://scholarworks.lib.csusb.edu/history-in-the-making/vol3/iss1/4. Packet Page. 1295 Fair Housing Assessment 5-70 January 2024 Black Americans Black residents have a long history in San Bernardino, dating to the Valley Truck Farm in southeastern San Bernardino.7 Valley Truck Farms was unique in that the subdivision planned to have no racial restrictions, a novel idea during the 1920s and not without controversy. The neighborhood formed its own Civic and Business League in 1930. The neighborhood began as agrarian, but would grow throughout the 1940s as Norton Air Force Base expanded and employed many Blacks. Children attended Mills School. However, with the community in the airport flight path and economic forces favoring other nonresidential land uses, industrial developments have since largely replaced the original neighborhood. The Westside was the heart of San Bernardino’s Black community, many of whom worked for the Santa Fe railroad. During the World War II and postwar periods, St. Paul AME Church and the Prince Hall Masonic Lodge hosted NAACP meetings that were a forum for opposition to the City’s “White Trade Only” signs. The Masonic Lodge hosted black fraternal societies and provided meeting space for San Bernardino’s Negro Welfare League. Private homes also served as gathering places during the 1930s and 1940s. The Anna B. Garner Women’s Political Club met at members’ houses. Likewise, journalists J. Robert Smith and Mary Lou Phillips published the Tri- County Bulletin, a black Inland Empire newspaper, from their house on Harris Street. The Civil Rights Era was a time of turmoil nationally. In San Bernardino, Blacks and Mexicans had been systematically excluded from housing north of Baseline Street and east of the train tracks and later the 215 freeway due to restrictive covenants, resulting in segregated public schools. While the Supreme Court’s decision in Brown v. Board of Education (1954) found segregation in public schools unconstitutional, it took decades to take effect in San Bernardino. The Congress for Racial Equity, NAACP, and others sued to force the County school district to implement a desegregation plan, which culminated when the California Supreme Court upheld a lower court’s ruling that required mandatory desegregation and integration of SBCUSD by 1974.8 Since that time, Blacks have achieved trailblazing accomplishments in San Bernardino, including elected office; military leaders and commendations; and leading physicians, educators, judges, community volunteers, pastors, etc. Local organizations, including but not limited to the Congress for Prophetic Engagement, Inland Empire Concerned African Churches, NAACP, and others continue to remain active, championing equity in housing, employment, social justice, etc. In the past few years, CSU San Bernardino has initiated a history project, “Bridges That Carried Us Over Project: Black History in the Inland Empire” to document the history, contributions, aspirations, and continued legacy of Blacks in the San Bernadino community. 7 The Valley Truck Farm neighborhood can be found online at: https://storymaps.arcgis.com/stories/7343b0fe57b34cd18950547008ea4439. 8 Fighting School Segregation in San Bernardino: How activists challenged a geography of segregation in the 1960s. Maile Costello and Daniela Gomez, ed. by J. Tilton, a U of R REST Public History Project March 4, 2022. Packet Page. 1296 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-71 OTHER RELEVANT FACTORS Since being declared an All American City in 1975, San Bernadino has faced extraordinarily significant challenges over the past decades. The loss of its major employers (Kaiser, Norton Air Force Base, BNSF Railyard Maintenance Yard, etc.) and, with it, a large share of the City’s middle class employment opportunities. The real estate meltdown of the mid 2000s, resulting in one of the highest foreclosure rates in California. The municipal bankruptcy of 2012, resulting in a significant loss of private investment and revenue to maintain City infrastructure and services. The terrorist attacks of 2015. And the COVID pandemic, and its profound effects on new business. Few cities, if any, have faced so many challenges in so few years. Restoring the City will take years of comprehensive community building—economic development, environmental, infrastructure, parks, housing development, and more. The following initiatives, among others, are part of an investment playbook based on recommendations from the Aspen Institute. Key initiatives found in this element are as follows: • Infrastructure Reinvestment. San Bernardino is spending more than $5 million on master plans for roadways, sewer and water infrastructure, facilities, and ADA improvements. More than $50 million in nonpark capital improvements are planned for FY2022-2024. Additional large projects include State Street extension and Vernon Bridge replacement. • Park Investment. The City is in the midst of improving virtually every park and recreational facility, particularly focusing on the westside and central districts. This element includes improvements to 12 parks at a cost of at least $35 million. An additional $10 million is being earmarked for improving neighborhood community centers. • Homeless Projects. More than $24 million has been allocated to address homelessness initiatives proposed by the City’s new Housing Division. The City is developing permanent supportive housing, transitional housing, emergency shelters, motel contracts, and a homeless navigation “City of Hope” campus for unhoused individuals. • Housing Projects. More than 2,000 housing units, affordable and market rate, are in the development pipeline. Chapter 4 describes the many projects underway, including affordable housing citywide. The General Plan update and Downtown Specific Plan will add significantly greater sites for new housing in the community. • Economic Development. The City Council approved the formation of a new Economic Development Division to bring sustained focus on economic development, workforce training, and business retention and expansion. The City started up a new entrepreneurial center with CSUSB to assist local business and general economic development. Packet Page. 1297 Fair Housing Assessment 5-72 January 2024 Comprehensive community building also includes affirming its diverse community, which is 85 percent Hispanic, Black, and Asian. The City has and continues to take affirmative steps to be active in promoting and celebrating the diversity of its residents and the history, heritage, and contributions made by individuals and groups. The City recognizes that resident involvement will be a key strategy in furthering housing policy and programs. Recent events are as follows: • The National League of Cities awarded the City of San Bernardino its 2023 City Cultural Diversity Award at the League’s National Conference held in Washington DC from March 26- 28. The award recognized the City’s inaugural Festival, “ Where Our Cultures Connect.” The event drew 7,000 to 10,000 participants during the daylong event. the award was accepted by Mayor Helen Tran, the first Vietnamese American Mayor, and Council Member Kimberly Calvin. This is just one example of such events being held in the community. • The City sponsors a wide variety of events to commemorate its multicultural residents. Every February, the City celebrates Black heritage, posting more than a dozen events on its website during the month to celebrate Black culture throughout the City. In September of each year, the City also celebrates National Hispanic Heritage Month, and works with community partners to publicize events at the Feldheym Library, CSUSB, HispanicCoalition of Small Businesses, Community College District, and the San Bernardino County Museum. • Asian American, Pacific Islander, Desi Americans, as well as Native American heritages are celebrated annually through city events and through a series of lectures and events at California State University San Bernardino. The San Manuel Band of Mission Indians is actively involved with CSUSB in sponsoring events and has dedicated grants to the university to startup its First Peoples’ Center in 2017. • Civic leaders continue to be diligent in addressing racism and advancing community unity. One such example was in response to a resident interrupted a City Council meeting with racist epithets on October 18, 2023 via Zoom. One week later, the City of San Bernardino Mayor and City Council brought together community leaders, members of the faith community, state and regional elected leaders, and residents to the steps of City Hall on October 23 in a community stand against racism to promote unity and tolerance in the community. Packet Page. 1298 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-73 5.7 DISADVANTAGED AREAS This section discusses disadvantaged unincorporated communities, as directed by state law, with respect to water, wastewater treatment, stormwater drainage, and structural fire protection that inform the development of goals, policies, and programs in the Housing Plan chapter. Also discussed are disadvantaged incorporated areas and efforts to improve these areas. 5.1.2 Disadvantaged Unincorporated Areas Adopted in 2011, Senate Bill 244 (Gov’t Code § 65302.10) requires cities to review and update the land use element of their General Plan to identify lower income unincorporated communities, excluding any area within the sphere of influence of a city or incorporated town. This legislation was passed to address the complex barriers that contribute to regional inequity and infrastructure deficits in disadvantaged unincorporated communities. In accordance with SB 244 and guidance provided by the Governor’s Office of Planning and Research and San Bernardino County LAFCO, this chapter does the following: • Identifies and describes each “island” or “fringe community” that exists within that city’s sphere of influence that is a disadvantaged unincorporated community. (GC § 65302.10.(a)) • Includes an analysis of water, wastewater, stormwater drainage, and structural fire protection needs or deficiencies for each identified community. (GC § 65302.10.(a)) • Includes an analysis of potential funding mechanisms that could make the extension of services and facilities to identified communities financially feasible. (GC § 65302.10.(a)) • Includes responsive goals, policies, and programs to be included in other elements of the General Plan that can address the identified infrastructure and service level deficiencies. The San Bernardino County LAFCO has prepared disadvantaged communities mapping to identify areas Countywide and in San Bernardino where disadvantaged communities exist (Figure 5-26). Seven communities in the City are identified as disadvantaged and are therefore subject to the legislative requirements. Additional unincorporated areas in the City’s sphere exist, but they do not meet the criteria established by state law and the LAFCO. SB 244 requires the housing element to address three items: 1) an assessment of water, wastewater, and stormwater drainage infrastructure and structural fire protection services for these communities; 2) financing opportunities that could make service extension or improvement to these communities feasible; and 3) responsive goals, policies, and programs in the land use element. The remainder of this section addresses the requirements under SB 244. Packet Page. 1299 Fair Housing Assessment 5-74 January 2024 IDENTIFICATION OF AREAS All of the unincorporated islands in the City of San Bernardino are designated either partially or entirely disadvantaged unincorporated communities (DUC). Table 5-21 lists each DUC, the area or size of the DUC, population in the DUC, housing units, and the predominant land uses within each area. Taken together, the DUCs within the City of San Bernardino’s sphere include approximately five square miles, about 4,500 residents, and 1,261 housing units. Table 5-21 Disadvantaged Unincorporated Communities GENERAL NAME CENSUS GEOGRAPHY STATISTICS PREDOMINANT LAND USES Area #1: Muscoy South of Cimmaron Ranch development • CT 41.03; BL 3004 & 1011 • CT 41.04; BL 1011 & 2004 • CT 41.01; BL 1004 • Area: 1,453 acres • Population: 965 • Hsg Units: 203 Residential Area #2: Arrowhead Farms • CT 45.07; BL 2001 & 1007 • CT 45.07; BL 3013 • CT 45.05; BL 2010 • Area: N/A • Population: 9,089 • Hsg Units: 2,682 Residential Area #3: DRNAG • CT 62.03; Bl 2003 • CT 61.01; Bl 2005 & 3002 • Area: 101 acres • Population: 541 • Hsg Units: 236 Residential Area #4: DRNAG • CT 62.03; Bl 1015 • CT 61.02; Bl 2004 • Area: 108 acres • Population: 107 • Hsg Units: 32 Residential Area #5 DRNAG-Barton • CT 62.04; Bl 1007 • CT 62.03; Bl 1009 • CT 74.12; Bl 2003 • Area: 127 acres • Population: 392 • Hsg Units: 100 Residential Area #6 DRNAG-Barton- International • CT 74.12; Bl 2012 & 1004 • CT 65.01; Bl 2002 • CT 65.02; Bl 2010 & 2018 • Area: 418 acres • Population: 527 • Hsg Units: 140 Residential Area #7: Pacific • CT 63.04; Bl 3005 • CT 63.03; Bl 1001 & 1002 • CT 63.01; Bl 4002 & 4007 • Area: 193 acres • Population: 1,288 • Hsg Units: 353 Residential Total • 13 census tracts • Area: 2,682 acres • Population: 12,909 • Hsg Units: 3,746 Residential Sources: San Bernadino County Local Agency Formation Commission (SBCLAFCO); U.S. Census 2020. Packet Page. 1300 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-75 Figure 5-24 Disadvantaged Unincorporated Communities Packet Page. 1301 Fair Housing Assessment 5-76 January 2024 EVALUATION OF IMPACTS Water Supply and Quality The San Bernardino Valley Regional Urban Water Management Plan (UWMP) provides a summary of water supply and demand for the years 2020 to 2045 for agencies serving the valley. The State’s UWMP Act requires urban water suppliers to assess water supply reliability by comparing total projected water use with the expected water supply over the next 20 years in 5-year increments. The 2020 San Bernardino Valley Regional UWMP show that supplies will meet or exceed demand. DUC 1, Muscoy The Muscoy Mutual Water Company (MMWC), a private water supplier for DUC 1, serves 1,550 residential and commercial uses. Continuing upgrades are made to this system, specifically the replacement of aged main-line pipes and rehabilitation of two reservoirs and two wells. MMWC projects that adequate water supply is available to serve projected growth through 2050. However, water quality remains a greater concern due to the Newmark and Muscoy plumes in northwestern and west-central portions of San Bernardino. Contaminants include chlorinated solvents, PCE, and TCE that resulted in the closure of supply wells in the Bunker Hills subbasin. The EPA added the site to the Superfund NPL program and entered into an $80 million settlement for cleanup. DUC 2, Arrowhead Farms This is a rural neighborhood just northeast of the I-215 and I-210 junction. The San Bernardino Municipal Water Department (SBMWD) provides water service to this area. SBMWD obtains 100 percent of its water from the Bunker Hill Groundwater Basin, a portion of the San Bernardino Basin. The 2020 UWMP indicates that SBMWD anticipates adequate supplies for the years 2015-2035 under normal, single-dry, and multiple-dry year conditions. There is no known contamination of groundwater in this area; the Newmark Plume and Shandin Hills plumes are farther south near the Muscoy community. DUCs 3 to 7 The East Valley Water District (EVWD), which serves these DUCs, derives the majority (80 percent) of its water supply from 22 groundwater wells, and treated surface water from the Santa Ana River and the State Water Project by way of Plant 134, an 8 mgd water treatment plant. The EVWD can meet current demands in single- and multiple-dry year conditions through 2045. Some of EVWD’s wells are impacted by nitrate, perchlorate, fluoride, uranium, and/or volatile organic compounds. A mobile home park that encompasses most of DUC 3 is served with a master water meter. DUCs 4 and 5 receive full water service and are not on any planned replacement schedule. For DUC 6, EVWD received a Prop 84 and Clean Water Grant to consolidate with the former Baseline Gardens Municipal Water Company and make substantial infrastructure and water quality improvements. DUC 7 is served in all but two locations, both of which are vacant. Packet Page. 1302 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-77 Wastewater Collection and Treatment Wastewater is collected and treated by three primary means—through connection to the City of San Bernardino’s wastewater system, connection to the East Valley wastewater collection system, or collection and treatment by individual septic services for specific properties. DUC 1, Muscoy The Muscoy community is predominantly reliant on septic systems for residential uses. The City serves only a few areas with sewer service, including properties on the eastern edge along Cajon and Nolan and California Streets and along small sections of Macy, Blake, and Duffy Streets. The limited wastewater collection facilities in DUC 1 are owned and operated by the City of San Bernardino Public Works Department, who is responsible for the design, construction, operation, and maintenance of wastewater collection facilities. According to the 2019 Sewer System Master Plan prepared for the SBMWD, existing demand and buildout demand are both 0.3 mgd. No sewer line deficiencies were noted in the Sewer System Master Plan. The Countywide Plan does not project additional growth and development in this area; therefore, SBMWD has adequate capacity to handle sewer flows from this area. DUC 2, Arrowhead Farms Arrowhead Farms is reliant on septic systems. The City’s sewer system serves a small portion of 41st and 48th Streets; all of Melrose Drive, Leuzinger Avenue, 40th Street, and F Street; and a few other isolated areas. According to the Public Works Department, land uses on septic are not required to connect to the City sewer system unless a failure of their septic system occurs. No existing demand and buildout projection for this area is available because it is encompassed by the City’s overall system. According to the 2019 Sewer System Master Plan, only minor sewer line deficiencies were noted in existing lines. Given that the San Bernardino Countywide Plan forecasts minimal development for this area, existing infrastructure continues to be adequate, and any deficiencies would be addressed through the normal capital improvements planning process. DUCs 3 through 7 Wastewater collection facilities in DUCs 3, 4, 5, 6, and 7 are owned and operated by EVWD, which operates and maintains its own wastewater collection system. To ensure that new service connections are responsible for impacts and costs associated with increased system usage, EVWD requires that new development provide for infrastructure as part of project construction. This includes new water and sewer lines and any additional facilities that will be necessary to meet new demand requirements. Because the DUCs that EVWD serves are more urbanized, small-scale development would be able to connect into existing infrastructure. The Countywide Plan forecasts minimal residential development for this area, so any deficiencies would be addressed through the normal capital improvements planning process. Packet Page. 1303 Fair Housing Assessment 5-78 January 2024 The sewer is privately owned by one mobile home park that comprises most of DUC 3, and the sewer is fed into the East Trunk Sewer. The sewer main in DUC 3 is 40 to 50 years old, which places it in the District’s CIP in the foreseeable future. DUCs 4 and 5 receive full sewer service and are not planned for replacement due to condition or capacity. In DUC 6, the uppermost area is a small community of 25 homes with no sewer service, and there is no sanitary sewer system planned. Sewer service is provided by EVWD to three of the six streets in this DUC. The other three streets are served by leach and septic systems that are over 50 years old. According to EVWD, many of the lots in these areas have been divided into 5,000-square-foot lots, and sanitary systems do not meet current water quality control board requirements. EVWD indicated that it is searching for grant funding to bring sanitary sewers to all areas in DUC 6. DUC 7 is served by sewer and water facilities in all but two locations, both of which are currently vacant. Some of the residential properties around this location are currently on septic systems. Future conversions of these residences from septic to sewer could be challenging given that the current flows on the sewer mains along Foothill Boulevard and Greenspot Road are at capacity during wet weather flows, according EVWD’s Sewer System Master Plan. EVWD is proposing to replace the 10-inch-diameter mains with 30-inch-diameter mains. This may offer opportunities to reduce the cost of septic conversions to sewer mains because they will have been slated for expansion in capacity due to envisioned commercial and industrial land uses. All wastewater from the City flows to the Water Reclamation Plant (WRP), which has been operated and maintained by SBMWD since 1973 and ensures all wastewater is properly treated prior to discharge into the Santa Ana River. The WRP is a 33 mgd secondary treatment facility that serves a population of over 195,000 people in a service area that includes the City, Loma Linda, East Valley Water District, San Bernardino International Airport, Patton State Hospital, and areas of unincorporated San Bernardino County.9 After being treated at the WRP and before discharging to the Santa Ana River, effluent is conveyed to the Rapid Infiltration and Extraction (RIX) facility in Colton for tertiary treatment. The RIX facility is jointly owned by SBMWD and the City of Colton but is operated solely by the SBMWD. Approximately 61 percent or 13 mgd of the wastewater collected at the WRP was generated within the SBMWD service area in 2020. In 2020, the WRP treated 23,763 acre-feet of wastewater and discharged the same amount to the Santa Ana River. Conversion of septic systems to sewer remains a long-term goal of the region’s sewer agencies. East Valley Water District and San Bernardino Municipal Water Department are both working on securing funding to encourage the conversion of remaining septic systems to sanitary sewer. 9 City of San Bernardino General Plan Update (2005). Page 9-4. https://bondaccountability.resources.ca.gov/Project.aspx?ProjectPK=22454&PropositionPK=48. Packet Page. 1304 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-79 Drainage and Flood Control Storm drain and flood control facilities in the DUCs are managed by the City of San Bernardino Public Works and Public Services departments and the San Bernardino County Flood Control District. Flood hazard maps provided by the Federal Emergency Management Agency indicate that many portions of the City and its sphere of influence have a minimal or moderate flood risk. Special Flood Hazard Areas subject to inundation by 100-year flood events are along the creeks and channels that cut through the City and its sphere. DUC 1, Muscoy Portions of Muscoy have potential minimal or moderate risk flood areas, according to FEMA. The Lytle Creek is in the 100-year floodplain. In DUC 1, the only Special Flood Hazard Areas subject to inundation by the 1 percent annual chance flood are along Cable Creek. FEMA indicates that the area is protected by a levee/dike in the southwest and the Devil Creek Diversion Channel to the north. The interior part of Muscoy is protected from flooding, and the northeast sector adjacent to San Bernardino has a reduced flood risk due to an accredited levee. Muscoy has an adopted Drainage Master Plan. DUC 2, Arrowhead Farms According to FEMA, Arrowhead Farms has a moderate risk of flooding and is designated as having one or more of the following hazards: 0.2 percent chance of flooding (500-year floodplain) and areas of 1 percent annual flood with average depth less than one foot or with a drainage area of less than one square mile. The community also has limited sidewalks, curbs, and gutters, contributing to flood concerns. In addition, flood control channels are said to need structural repairs—all which increase the risk of flooding during inclement weather. There is no known Drainage Master Plan for this area. Packet Page. 1305 Fair Housing Assessment 5-80 January 2024 DUCs 3 to 6 DUC 3, 6, and small portions of DUCs 4 and 5 have potential minimal or moderate risk flood (colored by orange) areas, according to the most recent FEMA flood maps. The East Twin Creek flows from the San Bernardino National Forest into the DUCs. The DUCs have 0.2 percent annual chance of flooding areas (500- year floodplain) or areas with a 1 percent annual chance of flooding where average depths are less than one foot or where the drainage area is less than one square mile. These four DUCs are protected from a greater flooding hazard of flooding by federal and local levees and step basins that surround the East Twin Creek. Levee maintenance is needed to ensure they function during a storm event. DUC 7 DUC 7 is not within a FEMA-designated flood hazard area. The existing storm drain systems, proposed storm drain systems, and infrastructure storm drain systems are identified by Comprehensive Storm Drain Plan #6, prepared by San Bernardino County Flood Control District. As part of the Airport Gateway Specific Plan being prepared, significant improvements will be made to the water, sewer, and storm drainage infrastructure just north of the San Bernardino International airport, which can then be extended westward a half mile to address the neighborhoods in DUC 7. The Program EIR for the project describes these improvements in detail. Generally, the high-risk flood areas in San Bernardino’s sphere of influence are confined to storm channels, debris basins, and between levees, with a few minor exceptions. Flood hazards are concentrated in areas where infrastructure is less prevalent, such as rural/formerly rural areas. In accordance with General Plan policy, the City of San Bernardino prohibits development and/or the construction of any structure intended for human occupancy in the 100-year floodplain, as mapped by FEMA, unless adequate mitigation is provided against flood hazards. The City’s flood plain overlay zone requires an applicant to receive a Flood Control Development Permit before construction or development begins in any area of special flood hazards, areas of flood-related erosion hazards, or areas of mud slide (i.e., mudflow). As part of the requirements, the development must incorporate specific techniques to mitigate potential flooding. Packet Page. 1306 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-81 Fire Protection and Prevention The San Bernardino County Fire Protection District (County Fire) is the primary community-based, all-hazard emergency services organization in the County. Services include, but are not limited to, emergency mitigation and management for fire suppression, emergency medical services, ambulance services, hazardous materials and household hazardous waste response, arson investigation, hazard abatement, and various rescue operations. County Fire serves more than 60 communities/cities and all unincorporated areas while responding to 84,000 calls annually. Since 2016, the City of San Bernardino and its unincorporated islands have been part of the Valley Service Zone and Service Zone 5. The following briefly summarizes fire services in each DUC. DUC 1, Muscoy Muscoy is adjacent to western San Bernardino along the wash. Muscoy is not in a high fire hazard zone, except for an area bordering the Cajon Wash and the area north of the levee. The other nearest fire severity zone is Shandon Hills. Muscoy is served by Station 75, sited in the center of Muscoy. DUC 2, Arrowhead Farms The Arrowhead Farms community is in a very high fire severity zone in northwest San Bernardino, which is east of Shandin Hills, another very high fire severity zone. Arrowhead Farms is served by Station #227 at 282 W 40th Street in San Bernardino. DUCs 3 to 7 None of the other DUCS are within or adjacent to very high fire severity zones. These DUCs are served by two stations, Station #226 at 1920 N Del Rosa Avenue and Station #228 at 3398 E Highland Avenue, both in San Bernardino. County Fire does not have a fire strategic plan or formal fire prevention standard for coverage. There are no published studies assessing County Fire standards of coverage for its communities. However, County Fire strives to adhere to standards recommended by the National Fire Insurance organization and the National Fire Protection Association. Those standards allow one-minute alarm time, one-minute turnout time, and four minutes for the first units to respond to a fire or medical emergency; the remaining equipment must respond within eight minutes. County Fire also published fire prevention standards to reduce the threat of structural fires. Del Rosa Fire Station Packet Page. 1307 Fair Housing Assessment 5-82 January 2024 FINANCIAL RESOURCES Financial resources for disadvantaged communities are available at the state and federal level. The following resources are in addition to funding sources discussed earlier in this chapter. Goals, policies, and programs are included as part of the land use element. Integrated Regional Water Program The Department of Water Resources (DWR) has released the Grant Program Guidelines and Proposal Solicitation Package for $193 million in grant funding to help local agencies advance water infrastructure and resilience projects, including water desalination, wastewater treatment, water conservation, and groundwater recharge. Financed by Proposition 1, $167 million is available through the Integrated Regional Water Management Program to implement projects that improve water supply reliability, reduce fire risk, increase water storage, and improve water quality—while adapting for future challenges caused by climate change and drought. The remaining $25.5 million is reserved for water projects benefiting disadvantaged communities. State Water Resources Control Board The SWRCB offers loan and grant funding for construction of drinking water treatment and distribution systems; municipal sewage conveyance and treatment systems; water recycling facilities; remediation for underground storage tank releases and groundwater contamination; technical assistance for small communities; nonpoint source pollution control projects; interim water; operation and maintenance for small, disadvantaged community water systems; and other projects that protect water quality. The program has significant financial assets, and is capable of financing projects from less than $1 million to more than $100 million. The SBMWD is applying for a $24 million grant to convert 250 septic systems to sewer in the Arrowhead Farms community. California Cap and Trade Program CalEPA operates a cap-and-trade program whereby disadvantaged communities are targeted for investment that improves public health, quality of life, and economic opportunity. The investments are authorized by the California Global Warming Solutions Act of 2006. In 2016, AB 1550 directed CalEPA to identify disadvantaged communities and establish minimum funding levels—at least 25 percent of funds must be allocated to disadvantaged communities, at least 5 percent must be allocated to projects in low-income communities or benefitting low-income households, and at least 5 percent must be allocated to projects in and benefitting low-income communities or low-income households that are outside of a CalEPA-defined disadvantaged communities but within ½ mile of one. The vast majority of San Bernardino qualifies as a disadvantaged community. A map of projects can be found online at: https://webmaps.arb.ca.gov/ccimap/. Packet Page. 1308 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-83 5.1.3 Disadvantaged Incorporated Areas This AFH included an analysis of existing conditions in San Bernardino, including but not limited to: disproportionate need, access to resources and opportunities, and other associated conditions. The vast majority of San Bernardino has underlying conditions that would be considered disadvantaged, particularly when compared to the surrounding region. However, two areas are particularly in need and are denoted as R/ECAPs: the westside and the central/downtown area. The majority of these two areas are some of the oldest, established areas in San Bernardino. Table 5-22 below shows a summary of the neighborhood conditions of the Westside and Central districts and the basis for these areas being the most disadvantaged in San Bernardino. The conditions are a high level summary from the findings of this AFH and the Environmental Justice Technical Report being prepared in support of the General Plan update. Tables 5-23 and 5-24 list the major projects underway to address these areas and are mapped in Figure 5-25. Table 5-22 Disadvantaged Incorporated Area Summary SUMMARY ISSUES SOURCE WESTSIDE CENTRAL • High Segregation/Poverty Fig 5-1, 5-2, 5-6 R/ECAP/Low Inc R/ECAP/Low Inc • Substandard Housing Needs Assess. Moderate Moderate • Overpayment Rates Fig 5-12a,b Mod-High Mod-High • Overcrowding Rates Fig 5-12a,b Mod-High Mod-High • Crime Rates EJ Report High High • Infrastructure Needs N/A High High • Park Shortage/Needs EJ Report Moderate High • Educational Attainment Fig 5-17 Low-Mod Low • Economic Opportunity Fig 5-16 Low Low • Infrastructure Needs N/A High High • Health Care Shortage EJ Report High High • Bicycle Ped Accidents EJ Report High High • Pollution Burden Fig 5-23 High High Source: Assessment of Fair Housing, Environmental Justice Technical Report, 2023 Packet Page. 1309 Fair Housing Assessment 5-84 January 2024 Table 5-23 Sample of Projects Benefitting the Central District, 2021-2029 PROGRAM AND CROSS REFERENCING TO TABLE 7-1 HOW PROJECTS WILL IMPROVE FAIR HOUSING EST. VALUE Environmental Cleanup 3.10b AB 617 Emissions Plan Environmental programs address some of the primary causes of the high pollution scores for air groundwater, and soil pollutants. N/A 3.10b Muscoy Superfund Cleanup $7,400,000 3.10c Carousel Mall Demo/Cleanup $10,000,000 Parks and Recreation 3.6b School of Hope Park Given moderate to high shortage of parks and poor conditions, this investment will improve the quality of neighborhoods and provide much needed recreation options. $5,000,000 3.6b Seccombe Park $9,000,000 3.6b El Sol Neighborhood Center $4,200,000 3.6b Speicher Park $3,900,000 Infrastructure Investment 3.8b Tippecanoe/3rd Street Repair Infrastructure projects (bridge replacement, street extension, fire stations, etc. will address historic disinvestment and improvement quality of life in neighborhoods. $3,800,000 3.8b Cross St. Bridge Replacement $1,000,000 3.8b 2nd St. Bridge Replacement $3,200,000 3.8b Del Rosa New Fire Station $10,200,000 Education and Economic Development 3.6c Feldyhm Library Rehabilitation These projects will improve the educational attainment, job readiness, and business expansion efforts needed to improve the lower economic status of residents. $6,400,000 3.7a Economic Develop. Incentives $3,000,000 3.7b Entrepreneurial Resource Center $3,800,000 3.7c Youth Jobs Program $4,200,000 Health and Safety Another agency directed SAC Health Service Expansion Improving the delivery of health care services will reduce health care shortage areas, while violence prevention & community oriented policing will neighborhood safety – both improving quality of life. $3,000,000 Gateway College Community Health worker Training Program $3,000,000 3.5a Violence Prevention Grant $7,600,000 3.5b Community Oriented Policing $5,000,000 Total $95 Million Sources: San Bernadino City, 2023 Note: Crime reduction and economic development are citywide, but primarily benefit the western and central districts. Education and economic development activities are citywide, but primarily address the western and central districts. Packet Page. 1310 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-85 Table 5-24 Sample of Projects Benefitting the Westside, 2021-2029 ID REF FACILITY/PROGRAM DESCRIPTION EST. VALUE 3.10c Ramona Elementary Environmental programs address some of the primary causes of the high pollution scores for air groundwater, and soil pollutants. $4,900,000 3.10b AB 617 Emissions Plan N/A 3.10b Muscoy Superfund Cleanup $7,400,000 3.9b CWSRF Lead Pipe Removal $3,500,000 Parks and Recreation 3.6b Nicholson Park Given moderate to high shortage of parks and poor conditions, this investment will improve the quality of neighborhoods and provide much needed recreation options. $9,870,000 3.6b Encanto Center $3,400,000 3.6b Guadalupe-Sal Saavedra Park $990,000 3.6b Delmann Heights Park $6,000,000 Infrastructure Investment 3.8b Muscoy Pedestrian Improve. Infrastructure projects (bridge replacement, street extension, fire stations, etc. will address historic disinvestment and improvement quality of life in neighborhoods. $3,800,000 3.8b Mt. Vernon Bridge Replacement $4,000,000* 3.8b Mt. Vernon Storm Drain $6,150,000 3.8b State Street Extension $8,470,000 Education and Economic Development 3.6c Villasenor Library Rehabilitate These projects will improve the educational attainment, job readiness, and business expansion efforts needed to improve the lower economic status of residents. $900,000 3.7a Economic Develop. Incentives $3,000,000 3.7b Entrepreneurial Resource Center $3,800,000 3.7c Youth Job Hiring Program $4,200,000 Health and Safety Another agency directed SAC Health Service Expansion Improving the delivery of health care services will reduce health care shortage areas, while violence prevention & community oriented policing will neighborhood safety – both improving quality of life. $3,000,000 Gateway College Community Health worker Training $3,000,000 3.5a Violence Prevention Grant $7,600,000 3.5b Community Oriented Policing $5,000,000 Total $89 Million Sources: San Bernadino City, 2023 Note: Mt Vernon Bridge Replacement is funded through SBCTA and the total cost is estimated at $230 million. Grants for crime reduction are for citywide operations, but primarily benefit the western and central districts. Education and economic development activities are citywide, although key facilities are in the Central and Western District. Packet Page. 1311 Fair Housing Assessment 5-86 January 2024 Figure 5-25 Sample of Investments in Disadvantaged Incorporated Areas, 2021-2029 Packet Page. 1312 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-87 5.8 AB 686 SITES ANALYSIS AB 686 requires that the housing element identify sites to achieve the RHNA goals in a manner that affirmatively furthers fair housing. The requirement involves both an analysis of the capacity to accommodate the RHNA (provided in Chapter 4) and whether the identified sites serve the purpose of replacing segregated living patterns with integrated and balanced neighborhood and transforming racially and ethnically concentrated areas of poverty into areas of opportunity. SITE EVALUATION METHODOLOGY The methodology for identifying sites to accommodate the RHNA was intended to select the most feasible sites for development during the 2021-2029 planning period based on multiple factors, including zoning, existing use, acreage, location, proximity to resources, and TCAC opportunity classification. The methodology is as follows: • First, an inventory of all residential parcels was reviewed. Various residential zones were established as appropriate to accommodate housing at each of the RHNA income categories. Specific details for this step are available in Chapter 4. • Second, once residential zones were identified, vacant sites were selected for further analysis. Sites smaller than half an acre and larger than ten acres were removed from the lower income category in accordance with HCD regulations. • Third, the City was divided into broad planning areas—Central, Northern, Downtown, Eastern, Southern, and Western—as a way to group the more than 50 different neighborhoods into areas for further analysis. • Fourth, sites were evaluated to determine the permitted type of residential and likely affordability of housing based on the allowable density, anticipated product type, and market prices or rents for housing. • Fifth, sites were evaluated using TCAC opportunity data to ensure that sites by income category are distributed near economic, environmental, and educational resources. The meaning of each TCAC category was explained earlier in this chapter and the specific factors of each category are explained later in this chapter. Figure 5-26 displays the housing sites that will accommodate the RHNA overlaid onto a district map. Figure 5-27 displays the housing sites over a map showing the TCAC composite opportunity scores. The analysis that follows examines the impact of housing sites on different measures of opportunity, to the extent it can be known, with the goal being to assess and ensure the equitable distribution of housing sites, by income category, across tracts with different resource allocations. Packet Page. 1313 Fair Housing Assessment 5-88 January 2024 Figure 5-26 RHNA Credits in San Bernardino Areas Packet Page. 1314 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-89 Figure 5-27 RHNA Credits on TCAC Composite Map Packet Page. 1315 Fair Housing Assessment 5-90 January 2024 PART 1: HOUSING SITES’ IMPACT ON INCOME Part 1 assesses the impact of the City’s proposed housing sites on the existing household income distribution of the community by planning area. In assessing the impact of potential housing sites on household income, it is important to note that San Bernardino is predominantly a lower income community compared to other cities because that has implications for its 2021-2029 RHNA. Figure 5-28 displays the distribution of existing households by income level for each area using 2015-19 ACS data. The East and Northern/Verdemont areas have the highest share of above moderate-income households, and the lowest share of above moderate- income households is in Central and West districts. The other areas are predominantly lower income and have a higher share of multi-family housing and rental units. Moderate-income households are the smallest group in most planning areas. Overall, the primary income in the city is lower income where 40 percent of households of all districts are lower-income households. Figure 5-29 shows the number of census tracts in each planning area by resource category. The majority of the planning areas are predominantly low resource or high segregation/poverty. The exceptions are the central area, a high segregation/poverty area considered low resource, and Northern/ Verdemont, which has the only high resource census tracts in the City. The 2021-2029 RHNA recognizes the high concentration of low- income housing citywide and thus assigns a higher share of above moderate-income housing. At the same time, the City’s strategy spreads affordable housing citywide to create mixed-income neighborhoods while providing housing for low-income residents. Figure 5-28 Existing Income Distribution of San Bernardino by Planning Area Figure 5-29 Number of Tracts in Planning Areas by Resource Category 0%20%40%60%80%100% East South Central West Northern Low Moderate Above Moderate 0 5 10 East South Central West Verdemont High Resource High Segregation & Poverty Low Resource Moderate Resource Packet Page. 1316 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-91 The City is required to provide housing units commensurate with the RHNA affordability levels. SCAG assigned San Bernardino a higher share of moderate (18 percent) and above moderate income housing (51 percent) than exists in the City to balance its disproportionate concentration of lower-income housing. Based on anticipated General Plan land use designations, density, and housing mix, the total estimated units (including ADUs) are divided by area. Table 5-25 and the following show that each district is fairly consistent with the RHNA category breakdown. • In the Northern/Verdemont area, 17 percent of allocated units are considered lower-income housing, 12 percent are moderate-income housing, and 71 percent are above moderate- income housing. In total, 246 sites are proposed in Verdemont. • In the Westside area, 38 percent of allocated units are considered lower-income housing, 17 percent are moderate-income, and 45 percent are above moderate-income housing. In total, 106 sites are proposed in the East area. • In the Central area, 38 percent of allocated units are considered lower-income housing, 39 percent are moderate-income, and 23 percent are above moderate-income housing. In total, there are an estimated 125 sites proposed in the West area. • In the Southern area, 20 percent of allocated units are considered lower-income housing, 37 percent are moderate-income, and 42 percent are above moderate-income housing. In total, 54 sites are proposed in the South. • In the Eastern area, 40 percent of allocated units are considered lower-income housing, 12 percent are moderate-income housing, and 48 percent are above moderate-income housing. In total, 110 sites are proposed in the East. Table 5-25 Income Distribution of New Housing Units by District, 2021-2029 Income Group for New Housing Planning Districts 2021-29 RHNA Central Eastern Northern Southern Western Above Mod Income 23% 48% 71% 42% 45% 51.3% Moderate Income 39% 12% 12% 37% 17% 17.8% Lower Income 38% 40% 17% 20% 38% 30.9% Total per District 100% 100% 100% 100% 100% 100% It should be noted that the Housing Element only analyzed vacant properties; underutilized sites that primarily exist in the Central and Downtown area, such as the Carousel Mall, are not included. However, these sites may also develop in the next 10 years and will include a significant portion of moderate and market rate housing. Therefore, while the distribution of sites from 2021-2029 appear less balanced in the central region, the General Plan will direct higher income units into the downtown which will achieve a more equitable balance over the long term. Packet Page. 1317 Fair Housing Assessment 5-92 January 2024 PART 2: IMPACT ON DISPROPORTIONATE NEED The housing sites chosen to accommodate the City’s RHNA should, to the extent possible, reduce the prevalence or overconcentration of disproportionate need. Disproportionate need refers to overcrowding, overpaying, and substandard housing, which collectively are “housing problems.” Moreover, housing site decisions should also seek to mitigate potential displacement risks. Disproportionate need is illustrated for overcrowding (Figure 5-13), housing overpayment (Figures 5-10 and 5-11), and displacement risk (Figure 5-14). Housing overcrowding is most prevalent and severe in Central, Downtown, and Westside districts as these areas have older apartments and smaller single-family residences. Homeowner overpayment is most prevalent in Central and South districts, while renter overpayment is prevalent citywide except in Verdemont. Displacement risks are concentrated Downtown and in the Central districts. In these older areas, new housing may impact surrounding properties, causing increases in rent and home prices. However, it is necessary to increase high quality market rate housing also in lower income areas, as this is one of the only ways to stimulate economic development and stimulate the revitalization of neighborhoods. Therefore, development decisions need to include market rate and affordable housing, to alleviate overcrowding, overpayment, and displacement risk. If housing is just market rate, it will drive up home and rental values, lead to improvements in quality housing, but also potentially lead to gentrification and displacement in lower income areas. If only affordable housing is built within a lower income area, it can improve housing security and alleviate overpayment and overcrowding for low income residents, but then it overconcentrates poverty in these neighborhoods. The key is to create a balance of housing that integrates affordable housing where possible in higher income areas, while creating a balance of market rate and affordable housing in poorer areas. The City’s strategy does the following: 1) It relies on the development of residential projects which are approved projects that are in the development pipeline, which are spread throughout the community; 2) It increases the supply of market rate housing (along with affordable housing) in lower income areas such as the downtown, central, and the westside, which tends to provide suitable housing options for all income levels and reduce overcrowding and overpayment. 3) It increases the production of affordable accessory dwellings, particularly in places like northern San Bernardino, which are already zoned primarily for single-family residential, while allowing for apartments where suitable. Packet Page. 1318 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-93 The City’s strategy to address the 2021- 2029 RHNA will increase the number of housing units at each affordability level, but the City’s income distribution will change. The share of above moderate-income units will increase, and the share of moderate- income units will remain the same. At the same time, the share of lower-income households relative to the entire housing stock will decline. This does not mean a loss in lower-income units, but a shift in their relative proportion of the housing stock. This shift will occur because the RHNA requires the City to set aside more sites for above moderate-income housing because of its high share of affordable units. Moreover, all areas will see a slight change in affordability levels, although to varying degrees. Figure 5-31 displays the existing income distributions compared to the income distributions achieved after the RHNA allocation. It shows that each area becomes more balanced in terms of household income distribution, reducing concentrations of poverty and segregation and bringing the range of household incomes closer to the City’s and region’s average. Moreover, the City’s housing strategy will achieve its entire lower-income housing target in this scenario. 0% 10% 20% 30% 40% 50% 60% 70% Lower Moderate Above-Mod Current City Income Distribution Future City Income Distribution SB County Figure 5-30 City’s RHNA Strategy: Current vs. Proposed Income Distribution on Vacant Sites 0% 10% 20% 30% 40% 50% 60% 70% 80% East South Central West Northern Low Existing Low Proposed Mod Existing Mod Proposed Above Mod Existing Above Mod Proposed Figure 5-31 Existing and Proposed Income Distribution by Area Packet Page. 1319 Fair Housing Assessment 5-94 January 2024 Part 3: Impact on Opportunity The third part of the AB 686 analysis utilizes the TCAC indicators for economic opportunity, educational opportunity, environmental health and census data on household overcrowding and overpayment to understand how proposed sites for housing affect disproportionate burden. Table 5-26 outlines the rationale and metric for each opportunity indicator used by TCAC in calculating the overall opportunity score for each census tract statewide and in San Bernardino. Table 5-26 Overview of Opportunity Indicators DOMAIN INDICATOR MEASURE Economic Poverty Residents with income above 200% of poverty line Adult Education Adults with a bachelor's degree or above Employment Adults aged 20–64 who are employed Job Proximity Jobs filled by workers w/o a BA within a given commute Median Home Value Value of owner-occupied units Environ-mental Pollution Burden Pollution burden: Exposure indicators Pollution burden: Environmental effects indicators Population Population characteristics: Sensitive population indicators Population characteristics: Socioeconomic factor indicators Education Math Proficiency 4th graders meeting math proficiency standards Reading Proficiency 4th graders who meet or exceed literacy standards High School Grad high school cohort that graduated on time Student Poverty Students not receiving free or reduced-price lunch Source: TCAC Methodology, California Tax Credit Allocation Committee. Figures 5-32, 5-33, 5-34, and 5-35 display the location of sites in San Bernardino underlaid by maps of each of the TCAC economic, environmental, and educational indicators. Packet Page. 1320 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-95 Figure 5-32 displays the average opportunity index score by planning area for the economic, environmental, and education domains cited in Table 5-15. The resource opportunity scores for all the census tracts range from 0 to 1, with 0 being the lowest and 1 being the highest. What stands out is that the Verdemont/North and East areas have the highest access to opportunity and scores, though the North’s educational score is much higher. However, the districts between the SR-210 and I-10 (sparsely populated southern district and highly populated central and western districts) generally have equivalent opportunity scores on average with slight variations. It should be noted, however, that a district may have highly differentiated scores based on census tract and the concentration of population within a census tract. Table 5-27 provides greater detail about access to opportunities by different areas in San Bernardino. Table 5-27 Resource Opportunity Scores by Area PLANNING AREA DOMAIN SCORES MEASURE ECONOMIC ENVIRONMENTAL EDUCATIONAL Northern (Total 5 tracts) Range 0.18–0.77 0.17–0.55 0.35–0.80 Average 0.46 0.43 0.62 West (Total 10 tracts) Range 0.06–0.41 0.05–0.42 0.11–0.55 Average 0.20 0.23 0.25 Central (Total 13 tracts) Range 0.02–0.32 0.09–0.50 0.04–0.26 Average 0.16 0.24 0.15 South (Total 6 tracts) Range 0.08–0.73 0.04–0.28 0.02–0.37 Average 0.29 0.13 0.15 East (Total 7 tracts) Range 0.11–0.52 0.35–0.59 0.03–0.18 Average 0.33 0.42 0.08 Source: CTCAC/HCD Opportunity Area Designations, https://www.treasurer.ca.gov/ctcac/opportunity.asp 2021. 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 Verdemont West Central South East Education Environmental Economic Figure 5-32 Opportunity Scores by Area Packet Page. 1321 Fair Housing Assessment 5-96 January 2024 Figure 5-33 RHNA Credits by TCAC Economic Opportunity Packet Page. 1322 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-97 Figure 5-34 RHNA Credits by TCAC Environmental Quality Packet Page. 1323 Fair Housing Assessment 5-98 January 2024 • Figure 5-35 RHNA Credits by TCAC Educational Opportunity Packet Page. 1324 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-99 IMPACT OF SITES ON TCAC INDICATORS Table 5-28 summarizes the impact of placing housing in areas on disproportionate burden and various measures of opportunity within the economic, educational, and environmental TCAC indicators as well as transit and housing opportunity. Table 5-28 Assessment of Fair Housing Implications of Sites FAIR HOUSING TOPIC BY DISTRICTS NORTH/ VERDEMONT EAST SOUTH CENTRAL WEST Integration, Segregation, and Disproportionate Impact Verdemont is not considered segregated by race/ethnicity but has a high concentration of higher income households. East district has tracts with racial/ethnic segregation. The district has a mix of low-above mod households. This district has tracts with racial/ ethnic segregation and high concentration of low-mod income households. Central district contains tracts w/racial/ethnic segregation and poverty, The area is primarily moderate to low income. This district has a mix of incomes and contains some census tracts designated as high areas of segregation. Housing Sites 3,004 units 17% Lower 12% Moderate 71% AboveMod 1,731 units 40% Lower 12% Moderate 48% AboveMod 588 units 20% Lower 37% Moderate 42% AboveMod 2,188 units 38% Lower 39% Moderate 23% AboveMod 1,268 units 38% Lower 17% Moderate 45% AboveMod The area is zoned for low density residential, and there are no vacant sites for apartments. However, there is significant opportunity for ADUs in tracts. Additionally, City owned land has been subdivided with plans and opportunity for a mixed income single family tract. The addition of a range of housing types, including lower to above mod housing will provide balanced housing choice. A mix of zoning in the east allows for multifamily and single family residential development. This area is zoned primarily industrial /commercial; few sites allow housing. However, 588 units are designated to this area in a balanced manner. Sites will add more moderate-income housing, improving greater choices. This district has a wide mix of zones. A balanced income distribution in this area will provide more access to Downtown, the primary job center, draw higher incomes, provide greater balance, and reduce/combat segregation. Proposed sites in the west district will create more balance of incomes in the district as well as provide more housing mobility options. New housing will help in moderating prices, likely resulting in lower housing overpayment and overcrowding. However, new development typically brings in residents from a broader range of age, income levels, and household type. The changes are not anticipated to be significant within any particular area of the City, because the housing sites are spread citywide and are only a fraction of any given district, any demographic changes will be gradual and likely very minimal. Packet Page. 1325 Fair Housing Assessment 5-100 January 2024 Table 5-28 Assessment of Fair Housing Implications of Sites FAIR HOUSING TOPIC BY DISTRICTS NORTH/ VERDEMONT EAST SOUTH CENTRAL WEST Access to Transit Opportunity Transit Need According to OmniTrans, the Verdemont District has the least potential mobility and transit need According to OmniTrans, the East district has a low-moderate potential transit mobility need According to OmniTrans, the South district has a mod to high potential transit mobility need. According to the OmniTrans, the Central district has a mod-high potential transit mobility need. According to Omnitrans, the West district has a low -moderate potential transit mobility need Transit Service Verdemont has the lowest level of transit service and is served by three bus lines: 2, 312, and 6. The East District is well connected and served by five bus lines: 6, 1, 3/4, and 15. The South District is well connected and served by four bus lines: 1, 2, 15, and 8. The Central district is well connected and served by three bus lines: 10, 3/4, and 2. The West district is well-connected and served by four bus lines: 312, 10, 14, 15. Housing Sites 3,004 units 17% Lower 12% Moderate 71% AboveMod 1,731 units 40% Lower 12% Moderate 48% AboveMod 588 units 20% Lower 37% Moderate 42% AboveMod 2,188 units 38% Lower 39% Moderate 23% AboveMod 1,268 units 38% Lower 17% Moderate 45% AboveMod Service Impact In the City, only 1% of workers take transit to their place of employment. There is no information on the number of transit riders who use it for other purposes. However, beginning on August 1, 2021, Omnitrans started a pilot project to make transit free for all K-12 students, including college students. Except for perhaps students, new housing production would not be expected to markedly increase transit demand. Special needs transit would be addressed by OmniAccess, a federally mandated program to provide low cost door-to-door options for seniors and people with disabilities living within n ¾-mile of a fixed route service. OmniTrans is Title VI compliant. Future Transit Planning OmniTrans is continuing to expand and adjust the provision of transit services in response to consumer demand, revenues, and the overall feasibility and sustainability of routes. In FY 2023, Omnitrans will complete its Short-Range Transit Plan that will propose a variety of transit service adjustments that are needed in response to comments from the public, demand for different types and locations for transit, operational and cost considerations, and requirements to meet all applicable state and federal law. Economic Opportunity Packet Page. 1326 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-101 Table 5-28 Assessment of Fair Housing Implications of Sites FAIR HOUSING TOPIC BY DISTRICTS NORTH/ VERDEMONT EAST SOUTH CENTRAL WEST Verdemont scores under 40 of 100 on the job proximity scale due to its distance from job centers and proximity to the national forest The East district scores 20–60 on the job proximity scale due to its distance from job centers and proximity to the national forest The South district scores 80 of 100 on the job proximity scale due to the concentration of industrial uses within the southern portion of the City. The Central district scores 40–80 of 100 on the job proximity scale due to its location near downtown core and southern industrial district. The West district scores 20-60 of 100 on the job proximity scale due to the distance from the City’s commercial + industrial core. This district ranks in the 10th to 40th percentile in unemployment. This district ranks in the 30th to 70th percentile in unemployment. This district ranks in the 50th to 90th percentile in unemployment. This district ranks in the 70 to 100th percentile in unemployment. This district ranks in the 20th to 90th percentile for unemployment. Additionally, educational attainment is directly related to earning potential. Educational attainment for adults, measured by residents over age 25 with no high school diploma, is low with nearly all census tracts falling above the 60th percentile – meaning that there is a trend of low educational attainment Housing Sites 3,004 units 17% Lower 12% Moderate 71% AboveMod 1,731 units 40% Lower 12% Moderate 48% AboveMod 588 units 20% Lower 37% Moderate 42% AboveMod 2,188 units 38% Lower 39% Moderate 23% AboveMod 1,268 units 38% Lower 17% Moderate 45% AboveMod Given the higher educational attainment, employment rate, income level, and vehicle ownership of this area, the RHNA sites would not be expected to impact the ability of to access or secure jobs. Given higher educational attainment, employment rate, higher income, vehicle ownership in this area, the RHNA sites will not impact the ability to access or secure jobs. Although the area has higher unemployment + low educational attainment, 8 trade schools serve the area. Therefore, the RHNA sites would not be expected to impact the ability to access or secure jobs. Central district has lower educational attainment and unemployment, however since the area is near job centers and trade schools, the RHNA sites would not be expected to impact the ability to access or secure jobs. Although the area has high unemployment & low educational attainment, the area has access to 5 resources and trade schools. The RHNA sites would not impact the ability to access or secure jobs. Generally, adding housing and residents to an area helps to support businesses and employment in the area as well as attracts businesses to relocate or expand to serve a greater resident market. Furthermore, with the opening of the Entrepreneurial Center downtown and workforce training centers at two locations, new housing would not be expected to affect the ability of residents to find employment. Educational Opportunity Packet Page. 1327 Fair Housing Assessment 5-102 January 2024 Table 5-28 Assessment of Fair Housing Implications of Sites FAIR HOUSING TOPIC BY DISTRICTS NORTH/ VERDEMONT EAST SOUTH CENTRAL WEST All SBC schools are Title 1 schools and eligible for federal financial assistance. The Verdemont/North district is within the 25th to 75th percentile on the education opportunity index. The East district is below the 25th percentile in some areas and up to 50th in other. The South district is up to the 50th percentile on the education opportunity index. Central district ranges up to the 50th percentile on the education opportunity index The West district ranges up to the 50th percentile on the education opportunity index Housing Sites 3,004 units 17% Lower 12% Moderate 71% AboveMod 1,731 units 40% Lower 12% Moderate 48% AboveMod 588 units 20% Lower 37% Moderate 42% AboveMod 2,188 units 38% Lower 39% Moderate 23% AboveMod 1,268 units 38% Lower 17% Moderate 45% AboveMod Service Impact While this area is more affluent, all schools are Title 1 so the estimated low-income units may have access to increased education resources The mix of new housing proposed in this district can raise educational opportunities for lower and moderate-income households. While all schools are Title 1 – new impact fees will offset any burden of additional students in this area. A higher blend of moderate income housing in this district can provide a greater balance of student incomes within this area. This district focuses on the provision of more moderate and above moderate-income housing. School Programs The City has 10 high schools, all of which score high for graduation rates. Of that total, six schools are rated blue on the performance scale, which is the best rating given by the CDE and these are accessible to students in all six districts. Three schools are rated green, the second highest rating given. Three schools are rated yellow or red, however, these schools are continuing education or alternative schools. It should also be noted that SBCUSD prepares an annual Local Control Accountability Plan (LCAP). This plan is intended to devote significant resources to disadvantaged students. CDE is also monitoring compliance with these requirements to ensure that equity is furthered across the jurisdiction of the school district. City Programs The City of San Bernardino supports a variety of after school programs, youth organizations and learning centers to support the education of elementary, middle and high schoolers. Facilities exist throughout the City and provide day care, mentoring, and homework help. Nonprofit organizations supplement these efforts, particularly in the Westside. Housing Opportunity Packet Page. 1328 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-103 Table 5-28 Assessment of Fair Housing Implications of Sites FAIR HOUSING TOPIC BY DISTRICTS NORTH/ VERDEMONT EAST SOUTH CENTRAL WEST Verdemont is primarily single family and lower density residential, particularly in areas near the hillsides. The East area is primarily single family and lower density residential with some condos and attached townhomes. The South area is primarily single family and lower density residential with some multi-family housing. Central is a mix of single family, condos and lower density residential, and apartments and higher density multi-family. The West area is primarily single family, lower density residential with some condos and attached townhomes. Sites identified for this district are consistent with the existing income and residential make-up of the area. Sites identified for this district are consistent with the existing income and residential make-up of the area. Sites are split fairly evenly, 37 percent for moderate, 20 percent lower income and 42 percent above mod income. Sites identified for this district are consistent with the existing income and residential make-up of the area. Sites identified for this district are consistent with the existing income and residential make-up of the area. New single family homes expand housing choice, increases builder competition, which would potentially reduce prices. The focus on a mix of lower and above moderate housing provides equitable access to housing types. New multi-family apartments and condos would offer attainable and quality housing, thus improving housing mobility. 23 percent of the sites are above mod; the remainder are split between lower (38%) and moderate-income(39%) housing. New housing is balanced between the three income categories with a minor focus on above mod, 38% low, 17% moderate and 45% above mod. Additionally, SFR allows ADUs to create more housing choice for families, renters, seniors and students. New apartments and condos will offer attainable housing and improve housing mobility. New multi-family development, both apartments and condos, will offer attainable housing and improve housing mobility. New apartments and condos will offer attainable housing and improve housing mobility. New single family housing expands choice, increases competition, and will potentially reduce prices. New housing development will help to moderate housing prices, likely lowering overpayment and overcrowding. As with all new housing investment, there will be concerns with displacement. In recent years, the City has seen the vast majority of its affordable apartment projects receive tax credits to rehabilitate the properties and extend affordability covenants well past 2050, mitigating the short and longer-term effects of investment in their neighborhoods. Community Health Packet Page. 1329 Fair Housing Assessment 5-104 January 2024 Table 5-28 Assessment of Fair Housing Implications of Sites FAIR HOUSING TOPIC BY DISTRICTS NORTH/ VERDEMONT EAST SOUTH CENTRAL WEST The Verdemont has moderate to high pollution, with moderate levels east of the I-15 and higher levels south near Cajon Wash. The East District ranges in the exposure to pollution, with moderate levels (west) to very low levels in the east. The South District has a very high level of pollution due to its proximity to major industry, the freeways (I-10 and I-215), and the SBX airport. Central District has a moderate to high pollution, with moderate in the east and high levels near the I-215 freeway. West District has moderate to high pollution levels, with high levels around the BNSF and I-215 and moderate levels in the far west. Addressing the City’s 2021-2029 RHNA and the 8,123 residential units will require the development of housing in neighborhoods that will likely have moderate to high levels of pollution. The question becomes not whether there are locations where acceptable levels of environmental pollution exist, but rather the mitigation of long standing pollution sources and mitigation of pollution in the design and development of residential projects. The AB617 Implementation Plan is designed to address the major stationary and mobile sources of pollution. It includes mitigation measures such as changes to technology that will reduce pollutants, mitigation measures, such as filters for impacted schools and other sensitive land uses, and enforcement mechanisms to ensure that pollution sources are abiding by the regulations in accordance with their operating permits. In 2023, a Health and Environmental Justice Element will be prepared for the 2050 General Plan update. This element will assess the health conditions, infrastructure, and environmental justice issues for neighborhoods. The element will also address parks and recreation, the food environment, crime prevention, employment, education, and other features as well as include a series of goals, policies, and implementation programs. In 2022/2023, the City will award a contract to develop a comprehensive master plan to manage the City’s 500 acres of parkland. As part of the General Plan update, a Park and Recreation Element will incorporate new projects. In 2022, the City completed the San Bernardino Active Transportation Plan to retrofit streets and add 165-linear-miles for bicycle routes along with additional trails and pedestrian routes, improving active living opportunities. The General Plan Circulation Element will incorporate implementation measures to address truck and vehicular traffic, which are some of the highest sources of air pollution. It will also address railroad travel, including the BNSF, which is one of the largest sources of diesel particulate matter. Notes: City of San Bernardino, 2023 Packet Page. 1330 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-105 5.9 FAIR HOUSING ISSUES The housing element must include a summary of fair housing issues and contributing factors based on the prior analysis, along with responsive goals, policies, and programs to address identified needs. The identification and evaluation of contributing factors must identify fair housing issues and significant contributing factors; prioritize contributing factors, giving highest priority to the factors that most limit or deny fair housing choice or access to opportunity or negatively impact fair housing or civil rights compliance; and discuss strategic approaches to inform and strongly connect to goals and actions. Strategies and actions to implement priorities and goals may include, but are not limited to: 1) Enhancing mobility strategies and promoting inclusion for protected classes; 2) encouraging development of new affordable housing in high-resource areas; 3) implementing place-based strategies to encourage community revitalization, including preservation of existing affordable housing; and 4) protecting existing residents from displacement. The identified fair housing issues in San Bernardino are derived from several sources: 1) outreach undertaken for the 2020-2025 Consolidated Plan and Analysis of Impediments to Fair Housing; 2) outreach undertaken for the 2050 General Plan Update (which directly relates to housing); 3) General Plan Advisory Committee meetings; 4) special stakeholder meetings; and 5) this AFH assessment. The public outreach and engagement program is described in detail in Chapter 6 and can also be accessed online at https://futuresb2050.com/. The key issues are: 1) Poverty and Disproportionate Need 2) Educational and Employment Opportunity 3) Housing Displacement/Security Concerns 4) Safe and Healthful Housing and Neighborhoods 5) Community Health and Wellness The following describes each fair housing issue and contributing factors and a highlight of several programs that will address the fair housing issue. Chapter 7, the Housing Plan, contains a more complete description of each program. Table 5-24 summarizes all of the fair housing issues and programs intended to have a meaningful impact on fair housing issues and contributing factors. Packet Page. 1331 Fair Housing Assessment 5-106 January 2024 Contributing Factor #1: Poverty and Disproportionate Need According to TCAC, the central core and a large portion of the west side are designated “Areas of High Segregation and Poverty” and/or R/ECAPs. These areas also have the highest prevalence of overcrowding, housing overpayment, and other conditions. Part of the reason is that these neighborhoods are also the oldest areas in the community dating back to the City’s early days. As is the case with most inner city areas, they have high levels of poverty and disproportionate need. Much of the area was proposed for redevelopment activities until State law ended that program. The City is leading a number of projects to reinvest in these communities: including public assistance, education, small business and employment, and investment projects noted below: • Small Business Assistance. In collaboration with the Inland Empire Small Business Development Center (SBDC), the City is using #3 million in ARPA funds to assist businesses and organizations that were negatively impacted by COVID-19 or are qualified as an “underserved small business.” In 2023, the City began setting up an Entrepreneurial Resource Center in downtown as a resource center for entrepreneurs and small businesses that is intended to grow in scope and depth. • Youth Employment. In 2022, the City was awarded a $4.2 million grant to hire 70 young and early career staff members as part of the California Youth Jobs Program. The federal WOIA funds youth programs and services for hard-to-serve youth aged 16 to 24. These services enhance job skills, develop leadership qualities, explore career options, and offer adult and peer mentoring. The City will hire in the Parks and Recreation, Animal Services, Library, and Police Departments, along with positions in partnership with local CBOs. • Infrastructure. The loss of public and private investment capital can also lead to growing poverty, decreasing housing values, the deterioration of infrastructure and neighborhoods, limited housing choices and less equitable access to opportunity. The City is working to turn the corner and direct more public and private investment into the city. In 2023, the City Council authorized $5 million for an ADA Plan, Bridge Management Plan, Storm Drain Master Plan, and Facility Management Plan with improvements to be included in the City’s CIP. • Planning Tools. In 2023, the City is preparing a Downtown Specific Plan (DTSP) to revitalize the downtown, and its central role in education, economic development, and culture. More than 15,000 housing units are anticipated, with a signature project on the Carousel Mall. The City, with input from the public and stakeholders, are currently updating its General Plan and Development Code to provide a planning framework for guiding priorities and strategic investments. The General Plan and Development Code is anticipated to be completed in 2024. Packet Page. 1332 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-107 Contributing Factor #2: Educational Opportunities Educational attainment is a key factor that affects residents’ health, well-being, and quality of life. Local schools scored low on educational attainment, and one-third of adults lacked a diploma. Though San Bernardino has low unemployment rates below 5 percent, many residents earn low incomes due to low educational attainment. The education-job nexus reveals interrelated needs: 1) academic achievement; 2) connecting individuals from secondary education to sustainable jobs or college education; and 3) supportive services to individuals needing job skill training. While educational progress is critical to reducing disparities in access to opportunity, the SBCUSD and workforce partners are largely responsible due to their funding. That said, this contributing factor is still a moderate priority for the City. Key programs to address this factor are below: • Local School Programs. SBCUSD Citizens Oversight Committee oversees two bonds (T and N) adopted to improve facilities and student achievement. SBCUSD receives more than $900 million annually to address the needs of students. SBCUSD also offers its CAPS extended learning program at all 80 schools, providing before- and after-school activities that enhance students’ academic, social, emotional, and physical development. www.sbcusd.com/district_offices/student_services/caps/c_a_p_s_programs_and_components. • Postsecondary Bridge. The Inland Career Education Center (part of SBCUSD) provides a bridge to postsecondary education and the workforces. The Center helps adults learn the academic, technical education, and job skills needed to improve job options. An average of 2,000 students are enrolled annually. In partnership with the District’s ROP program, Technical Employment Training provides manufacturing trades and hands-on skills training. Lastly, SBVC also offers career technical education and training coursework. • County Youth Literacy Grants. In 2023, San Bernardino County Schools (SBCSS) received $5.6 million in funding through the Comprehensive Literacy State Development Grant to advance early literacy. The grant is awarded by the California Department of Education to leverage and expand existing statewide infrastructure to improve student outcomes over a 5-year period. The grant will serve children from birth to 12th grade with an emphasis on English Learners, students living in poverty, and those with disabilities. • City Library Improvements. The City has four public libraries. The San Bernardino City Library Foundation, a nonprofit corporation, was created to provide funding for areas of education, programming, materials, capital improvements, and special projects that are beyond the customary funding received from the City. In 2023, the City successfully applied for and received a CSLA Building Forward Library Facilities grant of $6.4 million to rehabilitate the Feldheym Library, which offers Career Pathways, a suite of online job training, test preparation, and professional development tools that is free for residents. Packet Page. 1333 Fair Housing Assessment 5-108 January 2024 Contributing Factor #3: Housing Security/Opportunity The high prevalence of poverty in San Bernardino affects residents’ housing security. Lower income residents, seniors, disabled people, and other households on fixed income, particularly renters, can be vulnerable to loss of their housing. As shown earlier in the analysis of displacement risk, the majority of those in the central core and Westside are subject to high displacement risk. As the primary agency responsible for providing affordable housing, this contributing factor is a high priority for the City. The Housing Element commits the City to complete the following. • Rent Stabilization. The City’s mobile home rent stabilization ordinance covers 46 mobile home parks (~4,100 or 7 percent of all units). The City’s mobile home rent stabilization ordinance limits rent increases to 80 percent of the percentage increase in the CP Index. The ordinance exempts mobile homes from the ordinance where a valid rental lease is in effect. Most of the mobile homes are in the high segregation or R/ECAP areas, so maintaining rent stabilization is a critical strategy for housing security for those residents. • Housing Security/Preservation. San Bernardino has 40 affordable apartment projects (~3,800 or 6 percent of all units), of which only 9 projects are at risk of conversion by 2031. HACSB also issues over 2,500 TBRV and over 1,000 PBV annually (3,600 units) in the city. Rental vouchers and publicly subsidized housing are most used by special needs groups and are most used in the TCAC high segregation and R/ECAP areas. The Housing Element commits to increasing voucher utilization and preserving publicly subsidized affordable housing. • Tenant Protection. Given the rapid increase in rents in recent years across the Inland Empire and San Bernardino, residents who rent housing have become increasingly concerned about their housing security. In response to resident concerns that rents were increasing faster than allowable amounts under AB 1482, City staff initiated a pilot tenant protections program with the Legal Aid Society to serve San Bernardino residents. The City held its first workshop in November 2022 and will continue to hold them quarterly. • Housing Production. The City is moving forward with facilitating, encouraging, and subsidizing the production of affordable housing either directly with financial assistance, regulatory assistance, or land resources. These include the Seccombe Lake, Arrowhead Grove, Eclesias Fellowship, mobile home park expansion, and surplus land. In addition, the City approved building permits for nearly 150 ADUs in 2022 in neighborhoods citywide, including neighborhoods in moderate and higher resourced areas. • Housing Mobility. San Bernardino will be implementing housing mobility strategies in higher resource areas like the City’s Verdemont/Northwest area. This includes approving ADUs in Verdemont subdivisions, like the 84-unit GFR project, surplusing land for affordable single- family homes in compliance with the SLA, affirmatively marketing vouchers to market-rate apartment properties in the area, and working with the HASCB to ensure the preservation of affordable housing units in the area, particularly the Kendall Drive projects. Packet Page. 1334 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-109 Contributing Factor #4: Safe and Healthy Housing and Neighborhoods Access to safe, clean, and healthful neighborhoods is a critical quality of life issue for San Bernardino residents. It is well known that San Bernardino has experienced significant financial, social, and economic issues over the past several decades which have individually and collectively had a negative impact on the quality of life in neighborhoods. As the City has emerged from bankruptcy, significant funding is being allocated to address disadvantaged neighborhoods. As the lead agency for improving housing, neighborhoods, and public safety, the City considers this a high priority contributing factor to fair housing opportunity. The Housing Element commits the City to complete the following actions outlined below. • Parks and Recreation. In 2022/2023, the City will award a contract to develop a master plan to manage the City’s 500 acres of parkland. The General Plan update will also include a comprehensive update to the Parks and Recreation Element. Both will be completed in 2024. The City will continue to implement retrofits of parks and recreation facilities citywide in accordance with its phased plan. During the first half of the RHNA cycle, at least six parks are being rehabilitated and cleaned up at a cost of at least $30 million. The majority of the parks are in TCAC High Segregation and R/ECAP areas. • Violence Reduction. San Bernardino has wrestled with violence and crime in the city. In 2023, the City was awarded its third round of Violence Prevention Grants from the California Board of State and Community Corrections (BSCC) to administer $3.8 million, and the City approved $1 million in ARPA funds to supplement it. The City received a $1 million Youth Reinvestment Grant from BSCC to implement a youth reinvestment and development program. In 2023, the City also received a $3.8 million grant to hire more than a dozen police officers to continue strengthening its community-oriented policing. • Housing Conditions. The City implements a variety of programs to improve the quality of housing. These programs include: 1) substantially increasing code compliance staff to improve internal capacity to respond to code violations and maintain the quality of housing and neighborhoods; 2) working with NPHS to implement the owner-occupied housing rehabilitation loan program; and 3) expanding the City’s inspection program to inspect all assisted complexes that received local assistance. The Housing Element also contains a commitment to conduct a housing conditions survey to inform priorities. • Neighborhood Conditions. The City’s Public Works Department and Police Department implement programs that help to clean up neighborhoods citywide, with a focus on the most blighted areas. The Housing Element reflects ongoing actions undertaken by the City and its partners to remove approximately 5,500 graffiti incidents, repair 24,000 potholes, trim more than 7,200 trees, and clean up 2,700 illegal dumps/encampments on an annual basis. The City is committed to continuing implementing these types of programs and others as needed to maintain the quality of life of neighborhoods citywide. Packet Page. 1335 Fair Housing Assessment 5-110 January 2024 Contributing Factor #5: Community Health and Wellness As a large, industrialized community, improving and maintaining environmental quality is a high priority for the City. Of the City’s 43 tracts, 13 tracts (33 percent) are considered disadvantaged for pollution burden. Environmental concerns include environmental justice, air quality, land use adjacency issues, heavy industry, and legacy pollution. In other cases, other community health concerns are present due to the health of residents. The City is known for a higher prevalence of preventable chronic diseases. These will be addressed in subsequent technical reports. Addressing community health and wellness is a high priority for the City in improving opportunity. The 2021-2029 Housing Element commits the City to do the following: • Environmental Justice. In 2024, the City will complete a Health/Environmental Justice Element for the 2050 General Plan. The technical report will assess the City’s health conditions, infrastructure, and environmental justice issues, including but not limited to active living, food environment, public safety, employment, education, and health care facilities and services. Along with public input, these issues will form the basis for goals, policies, and programs. The technical report will provide the basis for an environmental justice element in 2024. • Water and Sewer Programs. The City’s Public Works and Water Departments implement a variety of programs to improve and safeguard the City’s groundwater supply. Efforts planned for this housing element cycle include developing a priority policy for serving housing affordable to lower income households, removing lead in water service connectors around the disadvantaged Muscoy community (Cimmaron) and converting septic systems to the City’s sewer system in unincorporated areas (Arrowhead Farms). • Roadway Safety. In 2023, the City adopted a Roadway Safety Plan and Active Transportation Plan to identify, analyze, and prioritize safety improvements for bicyclists and pedestrians. The plan identified crash data and identified high risk corridors that need improvements. It also identified more than $6 million in capital improvements needed in the community. While the City was not awarded an initial roadway safety grant, in 2023, the City was awarded a $567,000 Selective Traffic Enforcement Program (STEP) grant from the Office of Traffic Safety that targets distracted and/or impaired drivers to reduce the number of accidents. • Polluted Sites. San Bernardino has several Superfund sites, brownfields, former military sites, landfills, and other hazardous sites managed by CalEPA, USEPA, DTSC, or the military. Many sites are being cleaned up, either voluntarily or by court order. The City continues to encourage these agencies to continue efforts and initiate cleanup where they are the lead agency. The City continues to support the AB 617 group to implement programs to reduce the pollution burden in the Muscoy/West/Central San Bernardino area. Packet Page. 1336 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-111 Table 5-29 Fair Housing Issues, Metrics, and Actions ISSUE/ACTIONS METRICS AREA TIMING ISSUE #1: DISPROPORTIONATE BURDEN Reinvestment Plans – High Priority • 1.2a. Adopt Downtown Specific Plan; make amendments to the Development Code as needed, and monitor plan effectiveness. • Specific Plan • Select developers • Build projects • Downtown • Downtown • Downtown End 2024 2024/2025 As proposd • 3.8b. Prioritize capital improvement projects where disinvestment or disadvantaged areas exist, pursue collaborate City-County efforts • Vernon Bridge • State Street Ext. • Cross St Bridge • Muscoy Streets • Mt Vernon St. Drain • Third Street • 2nd Street Bridge • Del Rosa Fire Sttn • Westside • Westside • Central • Westside • Westside • Central • Central • Central End 2025 End 2024 End 2024 End 2025 End 2024 End 2024 Mid 2023 End 2024 • 3.8c Dedicate $5 million to prepare an ADA Plan, Bridge Management Plan, Storm Drain Master Plan, and Facility Management Plan. Prepare and adopt four (4) master infrastructure plans • Citywide 2024-2029 Economic and Employment Development – High Priority • 3.7a. Expend $3.0 million to assist small businesses and organizations that were adversely impacted by the COVD. Assist between 100 to 150 businesses • Areas south of SR-210 2023-2025 • 3.7b. Establish Entrepreneurial Resource Cntr as a central point for resources and support for entrepreneurs and small businesses Serve up to 2,500 San Bernardino residents • Central • Downtown • Westside 2023-2025 • 3.7c. Implement $4.2 million Youth Workforce grant; train and employ local youth with the City and COBs to restore services Hire and train up to 70 residents • Citywide 2023-2025 • 3.7d. Prepare Broadband Master Plan that plans coverage to residents and business citywide, including underserved areas. Complete Master Plan • Citywide • Downtown • Northwest End of 2024 Social Services – Moderate Priority • 5.6 Sponsor and provide a wide range of physical, social, health, and other support services for families and children. Varied services • Citywide Annual • 5.2 Sponsor and provide physical, social, health, and other support services for senior at San Bernardino's senior centers. Varied services • Citywide Annual • 5.3 Support efforts to provide community, recreational, and social services to people with physical, mental, developmental disabilities. Varied services • Citywide Annual Packet Page. 1337 Fair Housing Assessment 5-112 January 2024 Table 5-29 Fair Housing Issues, Metrics, and Actions ISSUE/ACTIONS METRICS AREA TIMING ISSUE #2: HOUSING SECURITY AND OPPORTUNITY Preserving At Risk Housing – High Priority • 4.1a. Monitor contract status of affordable housing and communicate the City's desire to preserve long-term affordability of properties. Preserve all 707 affordable dus at: - Waterman - Maplewood - Arrowhead Wood - Autumnwood - Ramona Senior - Kendall Apts - ArrowWoods All R/ECAPs High Seg Area: - Southern - Westside - Westside - Central - Westside - Verdemon - Central Annual Monitoring • 4.1b. Coordinate with property owners to ensure conversion notices and education are provided to tenants are sent at three intervals: 3 years, 1 years, and 6 months. Call projects at 3 intervals per state law requirement • 4.1c. As feasible, provide financial and/or technical assistance to preserve “at-risk” publicly assisted affordable housing by 2031 When assist. requested Rental Housing Security - – High Priority • 4.2. Continue MHP Rent Stabilization program to ensure all increase requests go through the proper administrative and hearing process Preserve City’s rent stabilization ordinance for all 46 MH Parks Westside Eastside Central Annual • 4.3a-c Maintain HCV program, increase use via marketing and education, and publicize program as articulated in the Housing Plan. Maintain 2,600 HCVs; Increase 10% Distribute fliers Citywide Citywide Citywide Annual 2024-2026 Annual • 5.1. Contract with fair housing provider(s) to provide mediation, education, enforcement, and tenant protections workshops Issue contract Hold workshops Serve 1,250 calls Citywide Citywide Citywide Annual Quarterly Annual Increasing Housing Opportunity – High Priority • 4.6c. Complete processing, facilitation, funding and/or technical assistance for pipeline affordable housing and other opportunities. Seccombe Lake Arrowhead IV Eclesias Fellowship R/ECAPs and High Seg Areas 2024 2025 2026 • 1.7. and 2.4 Complete comprehensive updates to the General Plan Land Use Element and Development Code to increase opportunities Land Use Element Development Code Citywide Citywide July 2024 July 2024 • 1.2a-c. Prepare a Downtown Specific Plan and amend the Dev Code as needed. Issue RFPs in compliance with SLA and select developers. Adopt Specific Plan Select developers Build projects Downtown Downtown Downtown End 2024 2023-2025 As proposed • 5.7 Improve mobility in higher resource areas: a. Approve ADUs b. Surplus City-owned parcels c. Affirmatively market voucher d. Work w/HASBC to preserve units Approve 25 ADUs Surplus 113 lots Market 16 properties Kendall (10 units) Verdemont/ Northwest SanBernardino Annual 2024-2025 2024-2025 2024-2025 Packet Page. 1338 Fair Housing Assessment City of San Bernardino General Plan – Housing Element 5-113 Table 5-29 Fair Housing Issues, Metrics, and Actions ISSUE/ACTIONS METRICS AREA TIMING ISSUE #3: SAFE AND HEALTHFUL HOUSING AND NEIGHBORHOODS Violence Prevention – High Priority • 3.5a. Implement violence intervention services to reduce the prevalence of community crime and gang-related violence in neighborhoods. Engage 50 high risk youth for services Engage 3-6 gangs Citywide, emphasis Westside Downtown Annually Annually • 3.5b. Implement community-oriented policing (COP) to reduce crime and violence, including $5.0 million in grants to hire officers Hire 8 officers Hire 10officers Hire 4 officers End 2021 End 2022 End 2023 • 3.5c. Explore feasibility of a Neighborhd Watch Program. If adopted, ensure compliance with state/federal law and City’s duty to AFFH Prepare Council report and hold agenda item End of 2024 Parks, Recreation, and Community Services – High Priority • 3.6a. Update General Plan Parks and Recreation Element; Complete Parks/Rec Master Plan; program improve. into the CIP General Plan Element Parks Master Plan Citywide Citywide End of 2024 End of 2024 • 3.6b. Complete repairs/retrofits: - Guadalupe Park ($1 million) - Speicher Park ($3 million) - Delmann Heights ($6 million) - Seccombe ($9 million) - Nicholson Park ($9 million) - Encanto Center/Park ($4 million) Rehabilitate 6 parks Guadalupe Park Speicher Park Delmann Heights Seccombe Lake Nicholson Park Encanto Park Disadv. Areas Westside Central Westside Downtown Westside Westside End 2024 Mid 2025 End 2026 Mid 2025 Mid 2025 End 2024 • 3.6c. Complete improvements to two libraries: Paul Villasenor Library and Feldhym Library Villasenor Library Feldhym Library Westside Central End 2023 End 2024 Housing and Neighborhood Conditions – High Priority • 3.1a. Implement the owner-occupied housing rehabilitation loan program; seek funding as NOFAs are issued to expand program 4 Loans Citywide Annual • 3.3b. Continue to implement code compliance program; increase staffing to improve capacity to respond to code violations Hire 20 new FTE Citywide Jan. 2025 • 3.4a. Inspect multi-family housing built with City funds; inspect 20% projects, require compliance with housing quality standards Inspect all the 24 affordable projects Central Westside Downtown Annual through 2023/24 • 3.3a. Adopt 2022 Building Code; require adherence to housing, property, vehicle, and other local regulations Adopt Code 4,100 cases; 3400 inspects Citywide End 2024 Annual Annual Packet Page. 1339 Fair Housing Assessment 5-114 January 2024 Table 5-29 Fair Housing Issues, Metrics, and Actions ISSUE/ACTIONS METRICS AREA TIMING ISSUE #4: COMMUNITY HEALTH AND WELLNESS-High Priority Pollution Reduction Program -High Priority • 3.10a. Complete Health/Environmental Justice Element for the 2050 General Plan based on the technical report and community input • Complete tech report and element Citywide End 2024 • 3.10b. Support implementation of the Community Emissions Reduction Plan in San Bernardino to reduce exposure to pollution • Implement the recent 2022 CERP Westside Muscoy Central City Annual • 310c. Encourage and facilitate the cleanup of active contaminated sites and, for inactive projects, seek funding and partnerships • Ramona Sch. • Carousel Mall Westside Downtown End 2024 End 2024 Water and Sewer Program -High Priority • 3.9a. Implement septic conversion projects - convert 250 septic tanks in Arrowhead Farms upon receipt of $24.3 million SWCRB grant. • Secure grant • Convert 250 tanks serving 250 homes Arrowhead Farms (DAC) Mid 2024 2024-2026 • 3.9b. Complete $3.5 million project to replace 300+ lead water service connectors in the Cimmaron and San Anselmo neighborhoods. • Finalize Grant • Replace 300+ service connections Cimmaron and San Anselmo Mid 2024 End 2025 • 3.9c. Adopt policy that grants priority for issuing will serve water and sewer service to proposed affordable housing projects • Adopted Policy Citywide Within one year of HEU adoption Roadway Safety -High Priority • 3.10d. Complete installation of traffic signal improvements from $10 million grant from Local Highway Safety Improvement Program • Complete 225 intersections Citywide End of 2023 • 3.10e. Use DOT grant to assess safety along Baseline Street with a focus on improving safety conditions for pedestrians and cyclists. • Concept Baseline Avenue Safety Plan Baseline Avenue 2024 • 3.10e. Implement $567,000 grant from Cal OTS to support enforcement and education efforts to reduce serious injuries and deaths on roads. • Win Grant • Hold at least 24 DUI/DL checkpoints Citywide Award 2023 Impl. 2024 https://www.sbcusd.com/departments/business-services-division/safety/safe-routes-2-school https://www.sbcusd.com/departments/business-services-division/safety/safe-routes-2-school Packet Page. 1340 City of San Bernardino General Plan – Housing Element 6-1 6.0 PROGRAM EVALUATION AND OUTREACH The California Government Code requires that Housing Elements include an evaluation of the effectiveness and appropriateness of goals, objectives, policies, and programs and the progress in implementing housing programs from the previous planning period. The following sections summarize the progress in meeting the quantified objectives of the 2013-2021 Housing Element. The City of San Bernardino adopted six goals for its 2013-2021 Housing Element that governed the expenditure of resources for housing production, maintenance, and improvement. These goals are supported by several dozen policies and implementation programs. Housing goals were structured around state law. • Goal 3.1: Adequate Sites for Housing. Identify adequate sites for a variety of housing types. • Goal 3.2: Housing and Neighborhood Preservation. Conserve and improve the existing affordable housing stock and revitalize deteriorating neighborhoods. • Goal 3.3: Affordable Housing Assistance. Assist in the provision of housing affordable to lower and moderate-income households. • Goal 3.4: Fair Housing Opportunity. Promote fair and equal housing opportunities for all persons in San Bernardino. • Goal 3.5: Governmental Constraints. Reduce adverse effects of governmental actions on the production, preservation, and conservation of housing, particularly for lower-moderate- income households. • Goal 3.6: Energy Conservation. Reduce the amount of energy expended on the construction, conservation, and preservation of housing. In addition to the General Plan Housing Element, other housing-related plans are integral components of the City’s overall housing strategy. For instance, specific plans govern individual areas of the City and housing in those areas. Other plans address specific housing topics, such as fair housing (e.g., Analysis of Impediments to Fair Housing) or expenditure of federal funds (e.g., Consolidated Annual Performance Evaluation Report, etc.). However, the Housing Element is the seminal housing plan for the City and serves as an umbrella for all other plans. Packet Page. 1341 Program Evaluation 6-2 January 2024 6.1 QUANTIFIED OBJECTIVES During the 5th cycle planning period (2013-2021 Housing Element), the City of San Bernardino outlined many quantified objectives that served as metrics for addressing local housing goals. In assessing progress, however, it should be noted that the City of San Bernardino faced unprecedented challenges in addressing its housing needs. Major events included an economic recession, declaration of bankruptcy in 2012, and the pandemic of 2020 to 2022. These significant events and the repercussions that followed required the City to adjust its housing programs. Table 6-1 displays the City’s quantified objectives and the progress made over the last eight years. Following the table is an overview and narrative description of accomplishments with respect to the production, maintenance/rehabilitation, and preservation of housing, including special needs. Table 6-1 5th Cycle RHNA Progress ACTIVITY INCOME LEVELS STATUS L M AM TOTAL Housing Production Adequate sites were available for housing, but production fell short due to low market demand and City bankruptcy. RHNA New Construction Goal 1,676 808 1,900 4,384 Progress 168 49 365 582 Housing Rehabilitation Significant progress was made but fell short of goals due to lack of program funding. Single Family Acquisition/Rehab 170 40 0 210 Progress 38 96 0 134 Multi-family Acquisition/ Rehab 50 0 0 50 Acquired and rehabilitated 3 projects (133 units); no progress on mobile home rehabilitation. Mobile Home Grant Repair 160 0 0 160 Progress 133 N/A N/A 90 Housing Preservation 8 properties’ covenants were extended; no projects lost their affordability covenants. Assisted Housing Preservation 1,627 0 0 1,627 Progress 1,500 N/A N/A 1,500 Special Needs Groups See Narrative Sources: City of San Bernardino Housing Element, 2014-2021; Annual Progress Reports; Housing Element Consolidated Plan and Consolidated Annual Performance Evaluation Reports; HCD, Summary of Annual Progress Reports through 2018. Packet Page. 1342 Program Evaluation City of San Bernardino General Plan – Housing Element 6-3 HOUSING PRODUCTION Over the past decade, housing production was minimal due in part to the City’s bankruptcy proceedings from 2012 to 2017 and terrorist attack at the County offices in 2015. However, significant progress was made on reconstructing the Waterman Gardens Housing project as part of HUD’s rental assistance demonstration program. National Core led the effort along with Dignity Health, Loma Linda University Health, San Bernardino City USD, and others. The first two projects were completed in the 5th cycle; the third project was completed during the 6th cycle. Valencia Vista Valencia Vista is the first phase of the Arrowhead Grove project, providing 76 high-quality, apartments affordable for low- and moderate- income families. The project features a mix of 1, 2, 3, and 4 bedroom units. The community features a 2,200-square-foot community center, after- school program facilities, computer lab, children’s play area, swimming pool, and outdoor spaces. Hope for Housing provides on-site social services (e.g., education, childcare, computer lab, community garden, and other services) for residents living at the property. Olive Meadow Olive Meadow is the second phase of the Arrowhead Grove project, providing 62 high- quality, affordable apartments affordable for low- and moderate-income families. Apartments are outfitted with amenities designed for families, including a resident center, afterschool program facilities, a computer lab, and also a children’s play area. Olive Meadow also received LEED Platinum certification from the US Green Building Council. Like all Arrowhead Grove projects, Hope for Housing delivers a range of social services for residents at Olive Meadows. Valencia Vista - Arrowhead Grove Community Olive Meadow - Arrowhead Grove Community Packet Page. 1343 Program Evaluation 6-4 January 2024 HOUSING REHABILITATION Golden California HomeVestors completed a $2 million makeover of a 44-unit apartment complex. The property was severely dilapidated, generated multiple calls due to criminal activity, and was shut down by the City for public health and safety violations. HomeVestors purchased the property, renovated it, and provided modern amenities such as open space. In addition to a new water and sewer system and HVAC, each unit now has its own heating and air conditioning system, water source, and shutoff valve. Eastpointe Village Mary Erickson completed the rehabilitation of the 52-unit Eastpointe Village. This property was severely distressed. Two-bedroom apartments in Eastpointe Village lease for $646 monthly. Three bedrooms lease for $743. The newly refurbished apartments feature new kitchen appliances, upgraded interior furnishings, central air, and increased interior storage for families. A $2.1 million grant from HUD plus $1 million from the San Bernardino County EDA funded the project. Golden Springs The Housing Authority and its affiliate housing partners provided permanent supportive housing. A 21-unit apartment complex was acquired, reconfigured, and rehabilitated. The project was reconfigured to create 38 one-bedroom units for formerly homeless individuals. As part of the rehabilitation, the project is now a gated community and includes a community center, laundry center, a dog park, and BBQ area. The project received funding from the County of San Bernardino, City of San Bernardino, and Inland Empire Health Plan. Golden Springs Apartments Eastpointe Village apartment Golden California Apartments Packet Page. 1344 Program Evaluation City of San Bernardino General Plan – Housing Element 6-5 HOUSING PRESERVATION The City has an extensive number of assisted multi-family projects that offer housing units affordable to lower-income households. The 2013-2021 Housing Element set a quantified objective to preserve 1,600 units, but the City did not commit separate funding to preserve the housing units or extend affordability covenants due to the City’s financial status under bankruptcy during that time. However, many of the apartment property owners applied for low-income housing-tax credits or mortgage revenue bonds offered by the State of California. During the 2013-2021 period, eight affordable apartment properties were acquired, rehabilitated, and preserved. To assist in this effort, the City held Tax Equity and Fiscal Responsibility Act (TEFRA) required hearings in several cases to facilitate funding requests by the property owners. Key projects preserved were: • 2020, Foothill Villas Apartment: acquisition and rehabilitation of a 239-unit property • 2019, Royal York Estates Mobile Home Park: acquisition and rehabilitation of 70 units • 2018, Pioneer Park Plaza: acquisition and rehabilitation of a 161-unit apartment building • 2017, Beautiful Light Inn: acquisition- rehabilitation of a 100-unit property • 2014, Zion Manor Apartments: acquisition and rehabilitation of 125-unit property • 2014, Arrowhead Vista: acquisition and rehabilitation of 40-unit apartments • 2014, Lugo Senior Apartments: acquisition and rehabilitation 119-unit property • 2013, Vintage at Kendall: acquisition and rehabilitation of a 178-unit property Taken together, these eight apartment projects received monies from the State of California and other sources to acquire and/or rehabilitate the properties and extend affordability covenants for 55 years. They not only upgraded the physical condition of the properties, but materially increased the housing security of more than 1,000 lower-income households in San Bernardino. Foothill Villa Apartments Packet Page. 1345 Program Evaluation 6-6 January 2024 Special Needs Progress and Evaluation As a part of analyzing the progress of programs from the 2013-2021 Housing Element, the element must provide an explanation of the effectiveness of goals, policies, and related action in meeting the housing needs of special needs populations. The following narrative describes specific accomplishments, focusing on the number of units built, provided rental assistance, or rehabilitated for each special need group. Senior Households The City implemented programs to support seniors and senior households, including Program 3.2.5, Elderly/Special Needs Repair Grants; Program 3.4.1, Reasonable Accommodation Ordinance; and Program 3.4.2, Universal Design Features. Through these programs, the City used CDBG funds to perform emergency repairs to 109 homes as well as hire a consultant to support the update of the zoning code to reduce constraints to accessible housing and incentivize universal design. As of 2020, the Housing Authority provides rental assistance to eligible seniors. Of the 3,632 rental housing vouchers, 1,124 senior households used them. Additionally, the City approved the development of affordable senior properties that provide housing (140 units) and worked with existing property owners to preserve senior apartments, such as the Beautiful Light Inn, Lugo Senior Apartments, New Zion, Pioneer Place, and others in San Bernardino. Persons with Disabilities City Programs 3.2.5, Elderly/Special Needs Minor Repair Grants; 3.4.1, Reasonable Accommodation; and 3.4.2, Universal Design Features, supported the rehabilitation of 109 units. With respect to new housing, the City approved 18 adult residential care facilities, providing housing for 229 disabled residents. Of the Housing Authority’s 3,632 vouchers, 1,572 were used by households with a disabled member. With both new housing and rental vouchers, housing needs for disabled people continue to be addressed. Additionally, the City established the Center for Individual Development (CID) that provides recreation programs for people of all ages with physical, developmental, and mental disabilities. The CID provides social events, water aerobics and therapy, a community center, and after-school program. The City also continued to outreach and advertise fair housing services provided by the Inland Fair Housing Mediation Board and provided fair housing services to reduce housing discrimination of persons with disabilities. Families and Large Households Programs 3.2.1, Single-Family Housing Acquisition and Rehabilitation Program; 3.2.2, Single- Family Rental Property Inspection; and 3.2.4, Single-Family Rehabilitation Program, were implemented during the 5th cycle. The City also funded nonprofit partners to develop single- family homes and mobile homes on infill lots owned by the City’s former Redevelopment Agency. These programs, among others, specifically benefited San Bernardino families, including large Packet Page. 1346 Program Evaluation City of San Bernardino General Plan – Housing Element 6-7 families, who may require single-family units to avoid overcrowding in smaller units. Through NPHS the City provided eight loans during the 5th cycle. The City also facilitated the development of housing for large households by approving and funding the Valencia Vista and Oliver Crest Apartments (138 units) and 52-unit Eastpointe Project. The City also assisted in facilitating long- term preservation of subsidized apartment properties. Farmworkers The City of San Bernardino’s farmworker population totals less than one percent of the City’s population, and there is no farmworker housing in the City. However, farmworkers are generally low- or very low-income households and the City is required to permit farmworker housing through the municipal code. During the 5th cycle, the City secured a consultant to update the General Plan and Development Code; this includes updating the definition, process, and requirements in the municipal code to allow farmworker housing. Additionally, through the Housing Authority, the City provides rental-based and project-based vouchers for rental assistance and supported the development of an estimated 950 units for lower-income households during the 5th cycle Housing Element planning period. Homeless People The City supported the conversion of the All Star Inn into 75 permanent supportive units. In 2020, the City also supported the completion of Mary’s Village—the first transitional housing complex for men experiencing homelessness—which provides short-term housing, vocational education, job training, comprehensive case management, and other services to facilitate self-sufficiency. Additionally, throughout the 5th cycle, the City partnered with and supported local organizations such as Homeless Access Center, Time for Change Foundation for Homeless Women and Children, Operation Grace, Central City Lutheran Mission, Mary’s Mercy Center, and Guided Steps Transitional Homes. These organizations provide various programs that assist the unhoused population. As part of the federal ARPA funds, the City was also allocated funds for the Pacific Villages project in north central San Bernardino. Military Personnel The City supported development of a social service residential facility (Veteran’s Housing) consisting of 30 residential units for low-income military veterans. The facilities were approved in March of 2022. Support services such as medical benefits, education and vocational rehabilitation, home loan benefits, and other compensations are available to veterans through Veterans Affairs. The city is also home to a network of services for veterans. This includes the San Bernardino Veteran Center, which provides a matrix of services for veterans dealing with mental health challenges, traumatic stress disorder, and other conditions. The County Veteran Affairs Center has an exemplary record of enrolling veterans and securing deserved benefits. The VARP continues to open facilities to address substance use treatment options for veterans. Packet Page. 1347 Program Evaluation 6-8 January 2024 6.2 ACCOMPLISHMENTS Table 6-2 lists the progress in implementing the 2013-2021 Housing Element. It includes the program, goal, and accomplishments and future status for the 2021-2029 Housing Element. Table 6-2 Progress in Implementing 2014-2021 Housing Element Programs HOUSING PROGRAM GOAL EVALUATION Program 3.1.1 Downtown Housing Encourage and facilitate the development of new housing in Downtown San Bernardino and along transit lines through the implementation of the Downtown Core Vision. Accomplishments The City adopted a new vision to lay the groundwork for a future downtown specific plan. The City also executed a contract with National Core to redevelop Waterman Gardens into the Arrowhead Grove affordable housing project. Appropriateness for 6th Cycle This program will be continued in the Housing Element. The City will complete the Downtown Specific Plan and the Arrowhead Grove project. Program 3.1.2 Transit District Overlay Publicize incentives offered by the Transit District Overlay beginning in 2014. Provide technical assistance to interested developers and property owners. Accomplishments The City adopted a transit district overlay around 13 transit stations along the SBX Route with the goal of revitalizing station areas. Although the City was available for technical assistance, development did not occur due to the City’s economic status. Appropriateness for 6th Cycle This program will be continued in the Housing Element as the City envisions the role of transit districts increasing with the General Plan update. Program 3.1.3 Residential Standards for Commercial Zones Update the Development Code to identify clear and objective development standards for housing and mixed-use development in the CG-3 and CG-4 zones. Accomplishments The City did not update the Development Code; work was postponed due to the impending update of the General Plan and Development Code. Appropriateness for 6th Cycle The program will be continued in the element. To comply with Govt Code § 65913.4, the ODDS will be drafted as part of the Development Code update after adoption of the updated General Plan. Packet Page. 1348 Program Evaluation City of San Bernardino General Plan – Housing Element 6-9 Table 6-2 Progress in Implementing 2014-2021 Housing Element Programs HOUSING PROGRAM GOAL EVALUATION Program 3.1.4 Corridor Improvement Program Facilitate investment and intensification along underutilized corridors through codifying the development and lot consolidation incentives proposed in the General Plan Land Use Element. Accomplishments The City is implementing the Corridor Improvement Program, which provides policy, regulations, and incentives intended to stimulate investment and development in the Corridor Strategic Areas. However, limited progress has been made to date. Appropriateness for 6th Cycle This program can be an effective tool to encourage needed reinvestment if incentives are appropriate. The program will be continued and revised as part of the Development Code update Program 3.1.5 General Lot Consolidation Incentive Amend the Development Code to incentivize lot consolidation for projects committing to management plans and providing on-site management. Accomplishments The City is in the process of amending the Development Code to simplify development regulations and processes. However, additional lot consolidation incentives may be needed to stimulate housing along corridors or focused areas of the City. Appropriateness for 6th Cycle This program will be continued. The City will update the Development Code to implement the General Plan and remove identified potential constraints to facilitate new development. Program 3.1.6 Density Bonus Provisions Facilitate higher density and affordable housing development by amending the Development Code to reflect the latest amendments to State density bonus law. Accomplishments The City has received limited density bonus requests, except for several affordable housing projects. The density bonus ordinance was not revised due to staff shortfall. Appropriateness for 6th cycle: This program will be continued in the Housing Element and, specifically, the density bonus ordinance will be updated as part of the update of the Development Code. Program 3.2.1 Single-Family Housing Acquisition and Rehabilitation Program Acquire and rehabilitate at least 50 abandoned and foreclosed homes for income-restricted resale to lower-income households. Accomplishments This program was used in prior cycles with NSP funds, but no longer operational. Efforts are directed at the development of single-family homes on infill lots formerly owned by the City RDA. During the 5th cycle, the City accomplished the following: Packet Page. 1349 Program Evaluation 6-10 January 2024 Table 6-2 Progress in Implementing 2014-2021 Housing Element Programs HOUSING PROGRAM GOAL EVALUATION • MECH completed 3 infill properties for sale to eligible low income homebuyers—2060 E. 18th Street, 938 N “G” Street, and 140 W 13th Street. • Additionally, NPHS seeks to complete two more phases (3 properties in Phase III and 4 properties in Phase IV) pending completion of City transfer of sites to NPHS. Appropriateness for 6th Cycle This program is an important approach to maintaining and improving housing stock and quality as well as expanding single-family housing opportunities within San Bernardino. The City will continue to operate and augment the program as financial resources become available. Program 3.2.2 Single-Family Rental Property Inspection Continue to identify code violations and educate owners and tenants about their responsibilities through single family rental inspections. Refer owners to appropriate City programs to provide technical and financial assistance to address code violations. Accomplishments The City spearheaded proactive code compliance efforts and provided financial assistance to property owners who cannot afford to maintain or rehab their dwellings. The program was suspended in 2020 due to funding but has now been reinstated with the hiring of additional code enforcement staff. Appropriateness for 6th Cycle The program has been refunded and will be implemented for the 6th cycle Housing Element. Program 3.2.3 Crime-Free Multi-Family Housing (CFMH) Improve multi-family housing conditions; refer code violators to rehabilitation assistance programs on an as-needed basis. Accomplishments To date, 65 properties are certified compliant. Recent progress in the program has been affected by budget constraints and staff turnover. Appropriateness for 6th Cycle The crime-free multihousing program was deleted during the housing element update process and replaced by a property maintenance program. Program 3.2.4 Single-Family Rehabilitation Program Provide assistance to 20 lower- and moderate-income households annually. Accomplishments This program was consolidated and operated under Program 3.2.1. The consolidated program will continue. Program 3.2.5 Elderly/Special Needs Minor On an annual basis, provide home repair grants for approximately 85 units occupied by Accomplishments The Old Timers Foundation, a local nonprofit organization, used CDBG funds to perform minor Packet Page. 1350 Program Evaluation City of San Bernardino General Plan – Housing Element 6-11 Table 6-2 Progress in Implementing 2014-2021 Housing Element Programs HOUSING PROGRAM GOAL EVALUATION Repair Grants Program senior and disabled households. and emergency repairs to 109 homes owned by seniors and disabled persons. Appropriateness for 6th Cycle This program was discontinued during the 5th cycle. The program will not be reactivated; other rehab programs will cover the scope of this program. Program 3.2.6 Critical Repair Program Annually, provide assistance to 10 lower-income households to make critical exterior repairs. Accomplishments Due to funding shortages, this program is inactive and is duplicated by existing home repair programs. Appropriateness for 6th Cycle The program is discontinued for the 6th cycle. Other rehabilitation programs will cover this program. Program 3.2.7 Preservation of Assisted Multi-family Rental Housing Work with property owners and qualifying agencies to preserve 1,627 assisted multi- family rental units at risk of converting to market rents. Provide technical assistance to assist property owners to secure funds that preserve affordability of their housing units. Accomplishments Ten projects totaling 1,257 units were at risk of conversion to market rents. The City assisted in conducting TEFRA hearings, issuing mortgage revenue bonds, and allocating City funds to preserve units, including City funds for fully replacing the Waterman Gardens Public Housing project. Appropriateness for 6th Cycle The program is an important way to maintain/increase affordable housing in the City of San Bernardino and will be continued for the present Housing Element. Program 3.2.8 Multi-family Rental Housing Acquisition/ Rehabilitation Acquire and rehabilitate 50 multi-family rental units to benefit lower-income households. Accomplishments The City contracted with MECH to rehabilitate the 52-unit Eastpointe Village. Working with county partners, the Golden Apartments was also acquired and rehabilitated for permanent supportive housing. Appropriateness for 6th Cycle The program is an effective way to maintain safe, livable affordable housing in San Bernardino. While funding is no longer available, the City will continue to seek funds for projects that meet City objectives. Program 3.2.9 Mobile Home Grant Repair Program On an annual basis, provide home improvement grants to 20 lower-income mobile homeowners. Accomplishments Program was previously done with Neighborhood Housing Services of the Inland Empire (NHSIE) and Inland Housing Development Corporation (IHDC), but there is no current progress. Packet Page. 1351 Program Evaluation 6-12 January 2024 Table 6-2 Progress in Implementing 2014-2021 Housing Element Programs HOUSING PROGRAM GOAL EVALUATION Appropriateness for 6th Cycle The program will not be continued into the 6th cycle given its current status. However, should staffing or funding increase, the program may be reimplemented. Program 3.3.1 Homebuyer Assistance Program (HAP) On an annual basis, provide down payment assistance to 50 low- income first-time homebuyers and homebuyer/ homeowner education to 300 households. Accomplishments The HAP program is implemented by NHPS. NPHS assisted one household in 2021 with HAP funds. Additionally, NPHS received $350,000 for acquiring properties to develop affordable homeownership opportunities. In 2020 NPHS developed 2 infill homes, with plans to develop 2 more. Appropriateness for 6th Cycle The program is an effective and important way to maintain safe, livable affordable housing in San Bernardino and will continue for the 6th cycle. Program 3.3.2 Emergency Shelter Assistance Continue to support emergency shelter operations. Accomplishments The City continues to support the provision of emergency shelters. Several projects (including motel conversions) have been developed, expanded, or approved for development. The following projects will be completed in 2023: • U.S.VETS Housing: 30 units of permanent supportive housing and supportive services to veterans and their families. Appropriateness for 6th Cycle While the City has made great strides in housing its homeless residents, it remains a critical issue and the program will be continued in the Housing Element. Program 3.3.3 Transitional Housing Continue to support transitional housing programs and identify opportunities for expanding the transitional housing inventory to benefit lower- and extremely low-income households. Accomplishments The City continues to provide funding to address the transitional housing needs in the City. Approved during the prior planning period, the following residential projects will be completed in 2023: • Mary’s Village: Opened the City’s first “men’s” transitional project that provides housing, behavioral health, medical services, supportive services, job training, GED attainment, and wrap-around services. Packet Page. 1352 Program Evaluation City of San Bernardino General Plan – Housing Element 6-13 Table 6-2 Progress in Implementing 2014-2021 Housing Element Programs HOUSING PROGRAM GOAL EVALUATION • LSS Wellness Center: LSS will also provide emergency shelter, transitional housing, supportive housing, and wrap-around services with an expansion planned for 2024. Appropriateness for the 6th Cycle The program continues to be an effective way to address the City’s transitional housing needs; and therefore, the program will continue in the 6th cycle. Program 3.4.1 Reasonable Accommodation Ordinance Reduce governmental constraints to housing for disabled persons through adopting a Reasonable Accommodation Ordinance. Accomplishments The City completed a Development Code update in May 2021, but did not update the Reasonable Accommodation Ordinance (Chapter 19.63). Appropriateness for the 6th Cycle The City will update the Reasonable Accommodation Ordinance in compliance with state law and continue to implement it in order to support accessible housing development. Program 3.4.2 Universal Design Features Explore amending the Development Code or program parameters to incentivize or require universal design features in housing projects that are assisted by City funds. Accomplishments The City is currently working on a comprehensive update to the Development Code and has begun work on a new General Plan, which is anticipated to be completed by 2024. Appropriateness for the 6th Cycle With the planned update to the reasonable accommodation ordinance, this program is not included for the 6th cycle Housing Element. Program 3.4.3 Fair Housing Mediation Contract for fair housing mediation services and refer those in need. Distribute fair housing materials at City buildings and on the City website. Accomplishments The City contracts with Inland Fair Housing Mediation Board to provide education, dispute resolution, and landlord/tenant mediation services to property owners, landlords, and tenants. Appropriateness for the 6th Cycle The program will be continued during the 6th cycle and expanded with additional outreach services to property owners, landlords, and tenants. Packet Page. 1353 Program Evaluation 6-14 January 2024 Table 6-2 Progress in Implementing 2014-2021 Housing Element Programs HOUSING PROGRAM GOAL EVALUATION Program 3.4.4 Transitional and Permanent Supportive Housing Update the Development Code to adequately define transitional and permanent supportive housing, and permit these uses based on unit type, in accordance with SB 2. Accomplishments While the City has permitted a considerable number of facilities, it will amend the zoning code for consistency with state law Appropriateness for the 6th Cycle This program is targeted to be complete in the beginning of the 6th cycle as part of the Development Code update. Program 3.4.5 Special Needs and Extremely Low-Income Housing Provide expedited project review and funding priority for projects available for special needs or ELI/VLI households. Continue to refer those in need to available services. Accomplishments The City continues to fund many projects for these income groups and several are currently approved and in the development pipeline. Appropriateness for the 6th Cycle This program will continue for the 6th cycle element with funding for multiple affordable housing projects in the development pipeline. Program 3.5.1 Priority Water and Sewer Service Facilitate priority water and sewer service to affordable housing proposals. Accomplishments The City prioritizes water and sewer services to proposed affordable housing projects. Since there was not a shortage of water and sewer, the City did not have to activate its priority approval process. Appropriateness for the 6th Cycle The program will be continued during the 6th cycle Housing Element because it supports the development of affordable housing. Program 3.5.2 Application Streamlining Opportunities Continue to explore ways of streamlining residential and mixed-use project permits. Accomplishments The City continues to strive to streamline the entitlement process, plan check review, and building permit issuance for all development projects, including residential and mixed-use projects. As of 2020, no applications have been submitted for streamlined residential or mixed-use projects. Appropriateness for the 6th Cycle As a part of the Development Code update, the City will update and include streamlining procedures consistent with state law. Additional measures for creating a one-stop shop will be included. Packet Page. 1354 Program Evaluation City of San Bernardino General Plan – Housing Element 6-15 6.3 HOUSING OUTREACH State law requires "diligent effort" to achieve participation by all segments of the community. The City solicited input from the public throughout the Housing Element process—during development of the draft element, public review of the draft element, and the adoption process. Significant outreach was also conducted as part of the 2020 Analysis of Impediments and ConPlan. The following presents outreach findings: first, for federal plans; and second, for the general plan, and third, for additional housing element workshops in addition to general plan outreach. Summary of Events The City of San Bernardino has made a diligent effort to include all economic segments of the community in the development of the housing element. The Consolidated Plan and Analysis of Impediments work set the foundation in 2019/2020 for housing discussions. These sessions were also supplemented by multiple hearings on a variety of housing issues that followed, including homelessness, crime-free housing, and multiple other subjects. The following is a brief list of events related to the housing element, beginning in 2021. It should be noted that additional outreach events such as the downtown, individual general plan elements, pop-up events, and other types of outreach are not included in the list below. • Seven (7) issue and visioning workshops (see Table 6-3) • Seven (7) GPAC meetings on housing topics (see Table 6-4) • Seven (7) Stakeholder interviews/meetings (see Table 6-5) • Three (3) Additional public meetings at the request of the litigants • Three (3) Legal Aid Workshops for renters and property owners • Detailed review of SB Collaborative document and City responses • Communitywide survey with well over a thousand comments • Detailed summary of comments received as part of the outreach • Website record of events and presentations (https://futuresb2050.com/participate/ Packet Page. 1355 Program Evaluation 6-16 January 2024 CONSOLIDATED PLAN The City’s 2020-2025 Consolidated Plan conducted a robust public participation effort consistent with the City’s Public Participation Plan as approved by HUD. The feedback provided through the community engagement process supported the development of this ConPlan, including the development of housing and community development needs, priorities, goals, and strategies for funding allocation. Venues included community survey, stakeholder interviews, and community housing meetings, among others. Community Survey San Bernardino administered a bilingual survey, online and in paper, from December 9 to February 28, 2020. This survey was noticed in the newspaper, City website, and flyers in English and Spanish. Survey data indicated needs for housing, public facilities, infrastructure, homelessness, economic development, and community services. More than 1,000 responses were received during the two-month survey window. Eighty- eight percent of respondents were residents, with 55 percent homeowners and 40 percent renters. Key findings are summarized into four categories: housing, community services, homelessness, and economic development. Survey findings are on the City’s webpage. The City’s ConPlan outreach efforts were compliant with federal requirements.1 While many of the community survey findings for the Consolidated Plan date back several years to the early 2020s, they are nonetheless relevant and timely as they represent community issues that continue to persist and are further supported by the outreach for the general plan update and the housing element specifically, including fair housing analysis. These housing related findings will also be updated during the 2025-2030 Consolidated Plan update. 1 San Bernardino’s 2020-2024 Consolidated Plan and attachments is posted online at the following web address: https://cdn5-hosted.civiclive.com/ UserFiles /Servers/Server_17442462/File/Government/Department/Community%20&%20Economic%20Development/Housing/Consolidated%20Plan.pdf Packet Page. 1356 Program Evaluation City of San Bernardino General Plan – Housing Element 6-17 Stakeholder Consultations The City conducted stakeholder meetings to inform the overall consolidated plan update. Stakeholders were selected to include a broad array of interest groups, such as neighborhood groups, faith-based groups, nonprofit organizations, city-county agencies, developers, and financial institutions. A combination of in-person meetings, phone conversations, and emails were used to obtain feedback from various service providers. The feedback was especially helpful in identifying gaps in services, trends in the local community, and needs relating to specific services and populations. Stakeholders in attendance included: • Dignity Health • National Core | Hope Through Housing • Neighborhood Partnership • SB County Homeless Partnership • SB County Behavior Health • Project Fighting Chance • Inland Fair Housing • Salvation Army • Center for Employment • Inland Valley Recovery • Inland Congregation • United Violence Protection • Community Action Partnership • Habitat for Humanity • Wells Fargo • Community Education Partnership • Housing Authority • Catholic Charities • Local Initiatives Support Corp • Step up on Second Street • Mary’s Mercy Center • Neighborhood Housing Services • Neighborhood Associations • El Sol Neighborhood Education Cntr Key Takeaways: Critical Needs • Increases in housing inventory – an increased supply will help all • Improve perception of San Bernardino (negative perception deters private investment) • Address discrimination, particularly race and ethnicity • Raise awareness about homelessness using human stories that go beyond the data • Support a growing population of homeless services • Decrease dependency on government and draw foundations and corporations into the solutions • Create pathways to employment and living wages Packet Page. 1357 Program Evaluation 6-18 January 2024 ConPlan Housing Meetings Six public meetings were held in San Bernardino during the ConPlan update. To maximize attendance, meetings were offered at various locations and times of the day. Three meetings were held during the day and three were held in the evening. Community meetings were attended by Neighborhood Partnership Housing Services, Executive Director of Akoma Unity Center, National CORE, Dignity Health, Accelerating Investment for Healthy Communities (AIHC), Housing Authority County of San Bernardino, Hope Through Housing Foundation, and Executive Director of Community Engagement for the San Bernardino City Unified School District. Meetings were held at the following locations: • St. Bernardine Medical Center, January 21, 2020 • Akoma Unity Center, January 18, 2020 • Maplewood (public housing), January 22, 2020 • Valencia Vista and Olive Meadows (public housing), January 23, 2020 • San Bernardino Valley College January 24, 2020 Recurring themes raised during the meetings: 1. Affordable housing 2. Target areas for redevelopment and safety: downtown, Baseline Street, southern San Bernardino, and other areas 3. Community services needed: youth services, housing programs for special needs groups, particularly those with disabilities, and mental health services 4. Homeless/homeless prevention services: create jobs and programming, increase, and expand emergency low barrier shelters, and increase public housing 5. Infrastructure needs: school safety; lighting around schools, increase streetlights and sidewalk safety, update facilities and infrastructure to be accessible 6. City communications: increase city communications regarding spending and future projects 7. Jobs and employment: increase jobs, career opportunities, small business opportunities, expanded access to transit, etc. 8. Crime safety: reduce criminal activity, shooting, drug-related activity Packet Page. 1358 Program Evaluation City of San Bernardino General Plan – Housing Element 6-19 GENERAL PLAN OUTREACH The City implemented a thorough and far reaching public outreach and engagement plan to solicit and incorporate views on the City’s future from the entire community. Different venues, tools, and techniques were used to solicit input. The full menu of outreach tools and the results are recorded online on the City’s website at https://futuresb2050.com/. These efforts were coordinated to inform subsequent steps in the update of the General Plan and Housing Element. Visioning 2050 The City engaged residents, local leaders, and stakeholders regarding their perceptions of issues and visions for the future of the City in 2021. Participants were also asked to imagine the future of their city in 2050. This was an essential step to solicit and draw out current issues that need to be addressed in the update process. One workshop was held in each ward. Table 6-3 Vision and Land Use Workshops WORKSHOP LOCATION DATE/TIME Issues and Visions: Ward 1 Ruben Campos Community Center 8/13/2021: 6PM Issues and Visions: Ward 2 Shandin Hills Golf Course 8/26/2021: 6PM Issues and Visions: Ward 3 St. John's Episcopal Church 9/21/2021: 6PM Issues and Visions: Ward 4 Lytle Creek Community Center 8/12/2021: 6PM Issues and Visions: Ward 5 Lutheran Church of Our Savior 8/21/2021: 6PM Issues and Visions: Ward 6 Shandin Hills Golf Course 9/10/2021: 6PM Issues and Visions: Ward 7 Shandin Hills Golf Course 9/09/2021: 6PM Issues and Visions: Ward 7 Cathedral of Praise 9/20/2021: 6PM Workshops were advertised through social media, e-blasts and emails, flyer distribution, and updates on the project website. The City publicized information about workshops on Facebook at least three weeks in advance. The City encouraged posting/re-sharing workshop flyers to neighborhood associations, elected officials, and stakeholders, including UPLIFTSB, SBCUSD Family Engagement Center, and SBC Police Department. The City sent bilingual e-blasts to over 200 contacts and emailed bilingual flyers to 30 CBOs, public service agencies, or other groups. The City also provided flyers to elected/appointed officials for distributing among their networks. Questions revolved around eight topics: land use and community character, neighborhoods and housing, circulation and mobility, fair and equitable city, economic vitality, public services and infrastructure, environment and climate, and public health and safety. A translator was used for the workshops and facilitate discussions with Spanish-speaking participants. Over 200 individuals participated and provided nearly 1,500 written comments. Packet Page. 1359 Program Evaluation 6-20 January 2024 General Plan Committee Meetings A General Plan Advisory Committee (GPAC) was appointed to provide input, feedback, and recommendations to City staff, the Planning Commission, and City Council on key components of the General Plan and Housing Element update. GPAC members were appointed from each of the City’s seven wards to ensure representativeness. All GPAC meetings were duly advertised and open to the public. Over the course of more than one and one-half years, the GPAC discussed the Housing Element or issues during 12 meetings listed below in Table 6-3. Table 6-4 GPAC Meetings Covering the Housing Element GPAC MEETING AND DATE OF MEETING TOPICS DISCUSSED RELATIONSHIP TO HOUSING ELEMENT GPAC 3: Sep 16, 2021 Housing Needs This GPAC meeting focused on preliminary results for the housing needs assessment, including the legal context, key housing need findings, discussion of findings, and directions for further research. Directly discussed existing and future housing needs Visioning GPAC 4: Oct 21, 2021 GPAC 5: Nov 18, 2021 GPAC 6: Dec 9, 2021 These GPAC meetings focused on vision concepts that guide the General Plan, incl. housing, economy, equity, community services and parks, mobility and infrastructure, environment, safety, arts and culture. Issues and vision themes directly related to housing and fair housing Land Use Planning This GPAC meeting focused primarily on identifying lands that are conserved and areas of intensification. Housing needs for the next 25 years was brought up as a key consideration of future land uses. Directly discussed where the City will direct housing GPAC 7: Jan20, 2022 GPAC 8: Feb 17, 2022 GPAC 9: Mar 17, 2022 Fair Housing This GPAC meeting focused on discussing the City’s 2021-2029 RHNA coupled with an overview of Assessment of Fair Housing, resource opportunity mapping, and identified fair housing issues. Directly addressed future housing needs and fair housing issues Land Use Planning GPAC 10: May 19, 2022 GPAC 11: Jun 9, 2022 GPAC 12: Jun 30, 2022 This GPAC meeting focused on findings of land use workshops in each ward and discussion of proposed land use changes, including mixed use corridors. Meetings culminated in a preliminary land use plan. Directly addressed upzoning residential land use and new mixed use corridors GPAC 13: Aug 11, 2022 Housing Sites Strategy This GPAC meeting focused on the City’s RHNA strategy—sites, projects, and relationship of density and zoning. Also discussed priorities and ideas for improving housing opportunities in the community. Directly discussed and confirmed City’s RHNA strategy GPAC 14: Feb 2023 Housing Goals, Policies, and Programs This GPAC meeting presented a draft housing goal framework accompanied by existing programs and new housing programs proposed for inclusion into the 2021-2029 Housing Element. Directly discussed housing programs Packet Page. 1360 Program Evaluation City of San Bernardino General Plan – Housing Element 6-21 Stakeholder Meetings To supplement the General Plan engagement activities, the City also conducted focus meetings with specific stakeholder groups to better understand the key issues facing the City and allow for more in-depth discussion. Of particular note, three sessions (December 2 and 12, 2022, and January 11, 2023 ) with the following groups were held to address housing needs and policy. Table 6-5 Stakeholder Meeting Summary FOCUS GROUP PARTICIPANTS Public Health Organizations • County of San Bernardino Public Health • Loma Linda University • Common Spirit Health (hospitals) • Inland Empire Health Plan • Loma Linda Hospital Faith-Based Organizations • IE Concerned African American Churches • New Hope Church • Greater New Jerusalem COGIC • 16th St Church and Temple Church • Congregations Organized for Prophetic Engagement • Inland Congregations United for Change Community-Based/Housing Organizations • Inland Equity Partnership • Operation New Hope Youth Opportunity Centers • Project Fighting Chance • UPLIFT San Bernardino • Housing Through Hope Foundation • Community Action Partnership • Job Corps and Urban Conservation Corps • Habitat for Humanity San Bernardino City Unified School District • Community Engagement Department • School Police Chief • School Facilities Planning & Development • SBCUSD Family Engagement Center Local Artists • The Little Gallery of San Bernardino • Arts Connection and other local artists • California Arts Project at CSUSB • Greene; Music Changing Lives • Garcia Center • San Bernardino Symphony Packet Page. 1361 Program Evaluation 6-22 January 2024 Additional Housing Workshops In order to gather feedback and engage in meaningful discussion about housing and the Housing Element, the City hosted three additional public workshops as required by the stipulation agreement. As noted below, the three sites for the workshops were provided in different communities/neighborhoods of San Bernardino including in lower-income neighborhoods to provide opportunities for residents with different housing issues to be represented. • Workshop 1: Monday, July 17, 2023 @ 10:00am – 12:00pm, Shandin Hills Golf Club, 3380 Little Mountain Dr, San Bernardino, CA 92405 • Workshop 2: Tuesday, July 18, 2023 @ 6:00pm – 8:00pm, New Hope Missionary Baptist Church, 1575 West 17th Street, San Bernardino, CA 92411 • Workshop 3: Thursday, July 20, 2023 @ 6:00pm – 8:00pm, San Manuel Gateway College, 250 South G Street, Room #2, 3rd Floor San Bernardino, California 92410 The City advertised the workshops through various methods and platforms, including a formal public notice, on the City’s website, front page of the City’s website, and the General Plan Update website, and via email to all participants who attended past workshops, to contacts provided by HCD and litigants, and to all who commented on the draft document. Physical copies of the workshop notices were printed and mailed to those who left mailing addresses rather than emails. Notices of the workshops were also provided in both Spanish and English Each workshop allowed for: 1) background on the Housing Element; 2) discussion of the draft Housing Element and its programs and policies; 3) opportunities for questions about the draft document; and 4) discussion of next steps. A Spanish translator was available at each meeting. A detailed description of comments shared from community members is below. • Focus on downtown and make it viable, accessible and walkable. The city needs a home–a place that signifies the city and people recognize and associate with their community. • Focus on the housing and the unhoused – providing resources in the Downtown. • Focus on policy – a lot of the policies deal with organizations but participants wanted to know specific what policies the city follows. • Participants wanted to know how the city is encouraging real estate developers when they come in. The city should focus more on “what can we do to make this work” rather than the role of regulator and regulating [the developer]. • Prioritize programs to help low-income individuals to purchase their first home. Packet Page. 1362 Program Evaluation City of San Bernardino General Plan – Housing Element 6-23 • Increase densities – if you provide 20 percent affordable housing, then you can do two more stories etc. – the city then provided some discussion about concessions and incentives the affordable housing programs in the Housing Element. • Funding and staffing are key to success. The following comments were noted: • Having staff to administer important programs and housing programs is a roadblock for the city – it’s challenging to find qualified people to fill open roles. • Participants asked if there are opportunities to have staff come talk to students about working in the city when they are older and studying public admin/planning/policy. • Discussion about Youth build and habitat for humanity which both have programs that partner with youth, someone at the city is needed to bring everyone together. • CFMH program should be deleted due to its potential to discriminate against residents. The program is one-sided with no guarantees or restrictions for landlords. • Single-family housing rehabilitation program should be expanded to help more residents maintain the quality of their homes, particularly due to climate change. • Discussion about converting empty commercial/office space into housing. Options to encourage development include streamlining permits, faster processes from start to finish, and working with developers to accomplish housing goals. • The news and the media focus on the crime, drugs, and issues within the city and its hard for residents to understand all the good things happening. Find a way to disseminate the good news and reflect a more accurate narrative to the public. • Consider options for middle missing housing. With the City having many low-moderate income residents, different products like courtyard housing, townhomes, duplexes, triplexes, quadplexes can be helpful to address the need for missing middle housing. • City should continue to use the receivership program to address blighted apartments and smaller rental products. The program has been helpful in demolishing blighted properties and revitalizing properties into affordable apartments. • The City has many faith-based organizations with unused properties that are interested in developing housing to complement their mission. City should facilitate this type of housing, which can be affordable to low-moderate income residents. • Flexibility is needed in development standards, lot configurations, infrastructure, and other features to facilitate creative housing products – missing middle housing and faith-based housing products. Revisions to the Development Code should assist in that effort. Packet Page. 1363 Program Evaluation 6-24 January 2024 6.4 OUTREACH FINDINGS Forums held during the consolidated plan, analysis of impediments, General Plan update, Housing Element, and stakeholder meetings provided opportunities to communicate housing needs. Insights and program responses provided by residents, organizations, developers, and businesses with respect to housing are summarized below. These are followed by a summary matrix of issues and potential program responses to address the comments provided. Issue #1: Housing Opportunity • Diversity of housing types that are affordable to residents: While many community members and residents mentioned the need for more affordable housing, a recurring theme included the variety of housing types that are affordable. In addition to traditional affordable apartments, residents also desired affordable single-family homes on standard-sized lots in neighborhoods where their children can play in private yards, rather than having to travel to a park to have a place to place. This includes special needs housing as well. • Greater focus on downtown as transit-oriented district with vibrant mix of uses: Many residents identified downtown as a potential focal point of the City. They consider downtown a place for gathering, entertainment, and community activities. As a focal point of the City, many community members want to see more vibrant mix of uses, pedestrian and bike friendly development, higher density in the downtown area, and live/work opportunities. Many participants noted they would also like to see a safer downtown with more transit. • Not Enough Affordable Housing. Residential projects are gradually built, but not fast enough. The number of lower income households unable to afford decent and affordable housing far exceeds the units built and the gap is increasing. More needs to be done to ensure all projects have a portion of units set aside for affordable rental and ownership housing. Additional types of housing should also be explored such as ADUs, modular, and manufactured housing, which are less expensive to build and affordable. Participants recommended inclusionary housing. • Constraints to development. While the City’s bankruptcy affected the market for housing, the City has significant governmental constraints to development that could be addressed. These include development fees and exactions, staffing shortages, slow permitting process, and other issues that individually and cumulatively slow down the development of affordable housing and, if not addressed, are an impediment to development. Numerous municipal codes also need to be updated to reflect newly adopted legislation. Affordable housing should be fast tracked, and City staff need to work together to facilitate new housing production. Packet Page. 1364 Program Evaluation City of San Bernardino General Plan – Housing Element 6-25 Issue #2: Housing and Neighborhood Quality • More parks, green spaces, community services. Open space, parks and recreational areas, and playgrounds were frequently mentioned by community members. Many participants included the importance of proximity and safety of new parks or existing parks. Additionally, community members noted that playgrounds, water features, and gardens are all features that would improve future and existing parks and green spaces. Residents also noted the conditions of existing parks, citing encampments for unhoused people, poor infrastructure, and uncleanliness as primary reasons that parks or open spaces often feel unsafe. • Clean neighborhoods safe from crime, violence, and roadways. Cleanliness within the City were identified by residents as primary concern. Many residents noted an interest in policies and safeguards to reduce pollution, improve air quality, and help keep the City clean. In addition, community members noted safety as a concern; with many expressing concerns about continued high levels of crime, including gang activity. Participants identified traffic and street safety as a key issue infrastructure safety due to needed improvements. • Neighborhood preservation, especially northern San Bernardino. Participants expressed desires to maintain the historic areas of the City, including those in the downtown area, as well as the community character of various neighborhoods. Preservation of historic sites and buildings was noted by various community members, but more commonly people referenced the poor conditions of existing housing. Many residents identified rehabilitation of buildings and housing that are in poor or substandard condition as a primary issue to be addressed. • Environmental pollution and warehousing. The City’s industrial-based economy hearkens back for more than 100 years. Today, warehousing and transportation are important sectors of the City’s economy. However, residents identified warehouses as an environmental and health issue due to diesel emissions contributing to pollution. Additionally, citizens encouraged the City to provide open space when new warehouses are approved or to reduce the total number of warehouses that can be approved. Residents also recommended reusing old or vacant warehouses for housing opportunity or for shelters. • Housing conditions. Many apartments, even ones receiving Section 8, are in terrible physical condition. Landlords are not keeping up properties and tenants are afraid to complain since they may be reported to management and risk losing their housing unit due to eviction. Landlords should be appreciative of the “guaranteed” federal funds for rents and make improvements. Code enforcement sometimes responds when tenants complain but the landlords can request multiple extensions of time to make repairs, and code enforcement staff do not regularly follow up. Eventually, many landlords sell to another LLC, who treat residents like “cattle.” Residents recommended proactive code enforcement. Packet Page. 1365 Program Evaluation 6-26 January 2024 Issue #3: Housing Affordability and Assistance • High rates of poverty. Low-income housing was a priority to residents. People noted that there are a lot of low income households due to low paying jobs, low educational levels, and other socioeconomic conditions. Residents identified poverty as a key issue to be addressed through policies and economic improvements. As a part of these concerns, people recommended that the City provide more services, more employment training opportunities, medical and health support for individuals and families, and integrated housing opportunities. • Rent Increases. Rents are increasing faster than income, which especially hurts low income residents and those with special needs. Many apartment properties are not abiding by the AB 1492 rent increase cap of 10 percent annually. As a result, low income people are displaced who cannot find new “replacement” affordable housing because they lack either the income or funds to make the initial deposit. Residents are in situations where they cannot ask for any improvements from their property managers for fear of eviction. More education of property managers and enforcement of AB 1492 is needed. Participants recommended a Tenant Bill of Rights, housing quality standards, and greater enforcement of fair housing laws. • Housing for special needs groups. A variety of housing was identified as an important issue. Specifically, many people noted housing for seniors, disabled, families, students, and those who are unhoused to be the most important. Many people cited the need for more accessible and affordable housing for students and young professionals. Additionally, safe accessible housing is needed for seniors, persons with special needs or those transitioning out of homelessness. Participants identified strategies such as adaptive reuse, conversion, and preservation of commercial buildings as opportunities to provide housing needed in the City. • Collaborative Partnerships. Much of the housing work in San Bernardino is done locally through homeownership programs, rehabilitation, rental assistance, and fair housing. The city’s greatest strength is its local nonprofits who understand the community, are connected to local resources, have the ability to effectively solve neighborhood problems, and can also access funding resources. The City needs to continue working with and communicating with its local housing partners, including faith based organizations, who are willing and able to tackle local housing problems. Participants recommended greater collaboration with partners. • Homelessness. Homelessness is increasing citywide and is affecting every neighborhood. The total number of unhoused people has more than doubled since 2020. The city requires more resources and focused programmatic efforts to reduce housing insecurity and existing homelessness. Considerable press has also raised the issue of the American University and the unapproved use of the dormitory for housing homeless people. The building is in substandard condition and is being addressed through code enforcement efforts. Displaced tenants are receiving relocation assistance to allow them to find housing at other rental properties. Packet Page. 1366 Program Evaluation City of San Bernardino General Plan – Housing Element 6-27 Issue #4: Fair Housing Opportunity • Past segregation and discrimination. San Bernardino has a long and acknowledged history of discriminatory and segregation practices that have left a legacy. Fair housing opportunity and enforcement continues to be a need—in the offering of housing opportunities, the treatment of residents of all income levels and status, access to community amenities and benefits, and addressing of environmental hazards. Residents also need greater educational opportunities and homeownership opportunities to build long-term generational wealth. • Equity in housing access and opportunities. Residents noted the spatial equity of housing. Many stated that housing, specifically affordable housing, should not be developed near warehousing or in high pollution areas. Additionally, residents encouraged the City to control hazards around low-income neighborhoods. Overall, social, health, economic, and housing equity were identified as a key issue to be addressed by the General Plan and Housing Element. The City should prioritize affordable housing to increase housing equity and opportunities. • Economic security, quality education, and good-paying sustainable jobs. Economic growth and job opportunity are key concerns. Many members wanted more live/work opportunities, growth in the tech industry, and more housing near jobs. Residents felt that partnerships with the university and large businesses would provide a greater variety of job opportunities. Additionally, many residents identified the lack of living wages offered by jobs in the City. With the increasing cost of housing, inflation, and overall rising cost of living, increased and living wages are critical to preventing and reducing housing insecurity. • Crime-free housing. As part of the crime-free multi-housing program (now repealed), residents were required to sign a lease. However, in some cases, acquaintances of the tenant could result in calls to the police, fire department, or other community service entities. This could also happen in domestic violence situations. Landlords could then claim the tenant violated the lease agreement, resulting in a cause for evicting tenants. Since these types of situations could discriminate against people who are disabled, have domestic situations, or rely on federal assistance, participants recommended removing the CFMH program. • Habitability. Fair housing agencies report that habitability issues are cited in 85 percent of all defenses of unlawful detainer judgements. This includes issues with mold, infestations, and many other conditions that contribute to poor health. Lead based paint is also likely an issue, but residents do not have the equipment to test their homes. Many residents also lack working cooling systems to cope with the many heat waves in the inland region. However in many cases, residents live with these conditions as they have to focus on their economic security. Table 6-6 on the following page summarizes key housing issues and lists a few of the many opportunities for modifying, adding, or tailoring programs in the Housing Element. Packet Page. 1367 Program Evaluation 6-28 January 2024 Table 6-6 Summary of Comments and Program Responses GOAL AREA SYNPOSIS OF COMMENTS AND ISSUES HOUSING PROGRAM RESPONSE Housing Opportunity City is in a housing crisis. Housing cannot be built fast enough to address the unmet needs for different types and affordability of housing that is needed. Creative alternatives are needed to increase the level of housing production. • Amend SBMC to address the need for residential care facilities for people with a disability • Amend SBMC to address shelters, transition housing, permanent supportive housing ,etc. • Amend SBMC to facilitate the development of accessory dwelling units • Adopt mixed use standards to allow residential and mixed uses along major corridors • Update remaining specific plans that have not been developed to add housing capacity • Update SBMC to reflect upzoned densities approved by the General Plan update • Pursue revitalization of the Carousel Mall per the adopted Downtown Specific Plan Housing and Neighborhood Quality City neighborhoods and housing have significant deferred maintenance. The City renters cannot afford to repair their housing. Greater accountability of owners and landlords is needed through proactive code enforcement. Neighborhood amenities, safety, beauty, and quality must also be improved. • Expand code enforcement program to address housing and property maintenance needs • Explore feasibility of rental inspection program to address interior of apartments • Add program to build parks and green space to improve neighborhood livability • Explore neighborhood and crime prevention programs to make neighborhoods safer • Enforce fair housing program to keep landlords accountable to renters • Greater focus on neighborhood preservation programs to prevent decline of areas • Add bicycle lanes, trails, and other opportunities for walking, biking, and active living Governmental and Market Constraints The City’s past financial bankruptcy caused shortfalls in staffing and financial resources. Development processes became too slow, unpredictable, and costly. Coordination is needed to facilitate housing. Greater flexibility is needed to • Review fees to be competitive, consistent with state law, and to incentivize housing production • Create more integrated one-stop shop process to make development review more efficient • City needs to setup work team with local utilities public and private to streamline process • Need knowledgeable city staff dedicated to housing; not overburdened with multiple projects. Packet Page. 1368 Program Evaluation City of San Bernardino General Plan – Housing Element 6-29 Table 6-6 Summary of Comments and Program Responses GOAL AREA SYNPOSIS OF COMMENTS AND ISSUES HOUSING PROGRAM RESPONSE incentivize and remove costly impediments to residential development. • City codes (Density Bonus, Design Review, etc.) need to be updated to reflect to state law • Update Development Code to implement General Plan and facilitate more housing • Permit processing needs updating to reflect state law and provide greater predictability • Need regulatory and site infrastructure concessions to facilitate new housing Housing Assistance The high price and rent for housing, coupled with low-moderate income residents, has created housing insecurity for many. Many residents are living in overcrowded situations, housing needing repair, or overpaying for their housing. • Need to increase rental housing vouchers and other rental assistance to meet the need • Expand homeownership program so residents can purchase homes and build long time wealth • Need inclusionary housing so that affordable housing is built in all residential projects • Provide community services needed to allow individuals and families to thrive • Preserve publicly subsidized housing that is affordable from conversion to market rents • Consider program to further protect residents from displacement due to rent increases • Consider community land trust to provide for permanent deed restricted housing Fair Housing City has many special needs and lower income groups with high unmet needs. These groups include, among others, seniors, disabled people, families, unhoused, students, etc. In particular, homelessness is at the highest level in decades. • Maintain and increase fair housing education for tenants, landlords, and property management • Increase enforcement of rent increase limitations to prevent evictions and displacement • Removed the crime free multi-housing program from the housing element • Neighborhood safety needs improvement with crime prevention and intervention strategies • Job training and educational programs are needed to lift individuals from poverty • Tenants need better awareness of their rights, particularly given statewide rent stabilization • Neighborhood building programs are needed to engage residents in shaping their future Packet Page. 1369 Program Evaluation 6-30 January 2024 6.4.2 FAIR HOUSING OUTREACH In addition to outreach efforts for the broader housing element, the City of San Bernardino also conducted and funded outreach relative to affirmatively furthering fair housing (AFFH). This outreach was particularly important to inform fair housing issues, contributing factors, and appropriate goals and actions. This section addresses HCD’s requirement provided in their October 2, 2023 letter regarding the housing element. RENTERS-PROPERTY OWNERS At the request of the community, the San Bernardino Community and Economic Development Department Housing Division held three tenant-owner workshops in calendar year 2023 with a fourth workshop to be scheduled later in 2023. Legal Aid of San Bernardino, a fair housing provider based on downtown San Bernardino, presented at these workshops: • Workshop 1: Thursday, March 28, 2023 @ 6:00pm – 8:00pm, Feldheym Library • Workshop 2: Tuesday, June 27, 2023 @ 6:00pm – 8:00pm, Akoma Unity Center • Workshop 3: Tuesday, October 3, 2023 @ 6:00pm – 8:00pm, Feldheym Library • Workshop 4: TBD later in 2023 The tenant-property owner workshops were advertised through various methods and platforms, including a public notice on the City’s website, social media via the Parks and Community Services Department, and other venues in print and social media. Spanish translation was also provided. Key issues mentioned include: • Substandard Housing. Virtually every unlawful detainer defense included issues of habitability–mold, infestation of vermin, leaking water, and other key housing conditions. Eighty-five percent of all responses to unlawful detainers involve habitability. However, since the County and City do not have certified inspectors for mold, residents have little to no recourse. Additional habitability issues likely include lead-based paint hazards, but renters have little means to afford testing or awareness that an issue may exist. Packet Page. 1370 Program Evaluation City of San Bernardino General Plan – Housing Element 6-31 • Weatherization. Tenants often complain about the lack of air conditioning to mitigate the hot weather in the region. Tenants have little recourse to address the situation. Most tenant/landlord agreements do not guarantee air conditioning. And state habitability laws (Civil Code 1941.1) do not mention air conditioning. The California Civil Code only addresses the requirement to provide working heating, not air conditioning. However, in the Inland Empire, air conditioning is likely valued more by residents, particularly the elderly. • Lack of Service. When landlords attempt to evict a tenant, they often allege prior service of a 3-day notice (with complaint of issues) and file legal documents alleging compliance with the courts. However, more than half (55%) of all tenants allege they are never served. Since the residents are not notified, they do not protest and the courts issue a default judgement in favor of the landlord. As a result, tenants unbeknownst to them get a default judgment against them, affecting their ability to secure another rental. And the courts do not retract them. • Rent Increases. In challenges to unlawful detainers, the issue of unauthorized rent increases occurs but less frequently than other issues. That is because the documentation to provide illegal rent increases is relatively straightforward. When rent increases in excess of that allowed by state law occur (AB 1482, the California Tenant Protection Act), the violations are predominantly committed by corporations and out-of-state entities that purchase apartment properties with the desire to raise rents to market levels or to finance the purchase. • Accessory Dwellings. Accessory dwelling units have been increasing in number since the City amended its municipal codes. And such units do provide affordable housing. However, because the owners of such units often manage the units, they are less aware of basic tenant rights and protections. Issues such as providing working utilities, access to basic services, or not entering a unit without tenant permission are common complaints expressed by tenants. Individual property owners would benefit from educational and “fair housing 101” programs. • Crime, Homelessness, etc. Residents often express how dismayed they are with the City. The high level of poverty, rampant crime and homelessness in downtown and other locations, and disappointment of promises from civic leaders to address quality of life concerns. The City has also suffered through nearly a decade of bankruptcy, until emerging out of it in 2022. Greater police presence is needed. The condition of the community and unaddressed safety and quality of life issues are evident citywide, in virtually every neighborhood. • Property owner harassment. Many of the City’s renters are lower income and in precarious financial condition. Affordable housing is in short supply. Tenants often allege that when property conditions are substandard, they have little ability to force the property owner to repair basic appliances or address other substandard housing conditions. This is the case with slumlords known to own or manage property within the community. Landlords will harass tenants, leading tenants to avoid reporting problems out of fear of losing their housing. Packet Page. 1371 Program Evaluation 6-32 January 2024 JUST SAN BERNARDINO (JUST SB) in 2020, the Just San Bernardino Collaborative (Just SB), a group of nine community-based organizations, convened by the Inland Empire Community Foundation. Just SB organizations included the following: Inland Congregations United for Change, Time for Change Foundation, Congregations Organized for Prophetic Engagement, Inland Empire Labor Council, Arts Connection, People’s Collective, BLU Educational Foundation, Warehouse Workers Resource Center, and Youth Action Project. Many of these groups belong to the IE Housing Justice Forum. These organizations received a $2.7 million grant to prepare an economic inclusion plan. Just SB Collaborative surveyed 4,223 Inland Empire residents who live, work, or go to school in San Bernardino to understand participants’ opinions and experiences with the educational system, local government, environmental justice, affordable housing, jobs, and the criminal justice system. The People’s Plan for Economic Inclusion represents their aspirations for San Bernardino. This report addresses key themes and desired programs for: Employment/Quality Jobs Housing, Education, Healthy Communities (Warehousing and Environmental Justice), and Entrepreneurship. The following are the major conclusions from the effort. Following the conclusions is a table which summarizes initiatives undertaken by the City that address key themes. • Arts Infrastructure. Participants supported the arts for its transformative power for an individual, neighborhood, and community-wide scale. Their solutions were based on the premise that the City does not care for the community, which is represented in local disinvestment. Just SB recommended a wide number of arts and cultural actions, including reinstated cultural development funding, create a separate arts commission, development an arts and cultural master plan, and a variety of programs to support the development and employment of local artists and youth (e.g., career pathways, apprenticeships, etc.) In 2023, San Bernardino has taken strides to address these concerns as follows: • Secured a $1.4 million grant to revitalize the Roosevelt Bowl Theater • Started a mural program with funds from the Creative Corps Inland SoCal • Reinstated the Visual and Performing Arts Grant program • Held inaugural arts and cultural festival, Where our Cultures Connect • Education Infrastructure. Participants strongly believed in the right to equitable access in education, information, and resources for all students, especially those who are underrepresented. Participants felt that it was imperative to obtain a college degree, however, less than 15 percent of city members had a college degree. There was also a lack of school counselors and information about college alternatives such as trade schools or vocational Packet Page. 1372 Program Evaluation City of San Bernardino General Plan – Housing Element 6-33 training. There is also a need to provide students with guidance in growing industries. However, the City is not the lead agency for providing educational opportunities. Three separately entities–SBCUSD, San Bernardino Valley Community College, and CSU San Bernardino–are provided multiple billions of dollars annually for education and training. The City augments their efforts as follows: • In 2022, the City secured a $4.2 million California Youth Jobs Program grant • Continued implementing the City’s $1 million Youth Reinvestment Grant • In 2023, the City started a Youth Civic Engagement Council for high schoolers • In 2022, the City received a $6.4 million grant to renovate Feldheym Library • In 2022, the City received $300,000 in literacy grants for the library • Environmental Justice. Residents are continuously faced with poor air quality, health issues, and displacement from ongoing expansion of the logistics industry in the region. Residents are also burdened with disproportionate numbers of environmental hazards, including toxic waste facilities, cement plants, garbage dumps, and other sources of pollution and foul odors that lower quality of life. Exposure to hazards is a direct outcome of environmental racism that residents face. Among others, steps to cleanup the community include: 1) increase protection from exposure from pollution, 2) reduce local air and water pollution; and 3) take actions to create and facilitate sustainable and liable wage employment options. San Bernardino has taken strides to address these concerns as follows: • The City continues efforts to cleanup hazardous wastes (Muscoy Operable Unit) • In 2022, the City completed a truck route map to minimize conflicts with neighborhoods • In 2022, the City secured a $5 million grant to eliminate lead pipe fittings • In 2022, the City received a $4.9 million to remediate the casa Ramona site • In 2022, the City increased code enforcement staff fourfold to cleanup up illegal dumps As part of the general plan update, the City is also completing an Environmental Justice Element. This will be based on a detailed health and environmental justice assessments that analyzes: 1) current health conditions; 2) availability of community amenities; 3) public safety hazards; 4) employment and education opportunities; and 5) housing conditions. The Element will address at minimum, all of the requisite topics required by SB 1000, the California Planning for Healthy Communities Act. Additional topics will be covered that are germane. Packet Page. 1373 Program Evaluation 6-34 January 2024 • Housing Stability. Housing is the key to reducing intergenerational poverty and increasing economic mobility. Residents experience a vast difference in quality of life, which is heavily determined by local costs of housing. Homeownership is out of reach for most residents. Even renters, many of whom are lower income, struggle to afford suitable housing. Greater housing security can not only prevent homelessness, but allow families the ability to focus on their children’s other needs–education, nutrition, and safety. Just SB proposed a multi-pronged housing strategy that includes: 1) a full continuum of housing for homeless people; 2) affordable housing and alternative housing options; 3) affordable homeownership; 4) reinvestment in the downtown to include housing opportunities, etc. San Bernardino continues to take strides to address these concerns as follows: • In 2023, the City will adopt a downtown specific plan to spur revitalization and create quality housing that includes affordable housing • In 2022, the City declared a shelter crisis and is dedicating millions of dollars to address it buy creating a full continuum of housing options • In 2022-25, the City will offer numerous City-owned site for surplus use with a preference for developers seeking to build affordable housing • In 2023, the City continues to revitalize and complete the expansion of Waterman Gardens and is processing other affordable housing projects citywide • Job Access and Re-Entry. For San Bernardino policy makers, the focus on mass incarceration and prison expansion has also failed on the promise of public safety. With an over-investment in the business of punishment and under-investment in job and life skills for youth and adults, residents are denied the safety and security that is possible when people work and thrive in their community. Community members were asked what will improve the conditions of people who have been impacted by the prison-jail system. The five top answers were: stable employment, access to affordable and permanent supportive housing, life skills training, substance abuse prevention and/or harm reduction treatment, and entrepreneurial ship. San Bernardino continues to take strides to address these concerns as follows: • In 2023, the City ended its crime-free multihousing program to prevent discrimination against low income residents and those with former incarcerations • In 2023, the City was awarded $3.8 in Violence Prevention Grants from the California Board of State and Community Corrections (BSCC) to administer prevention programs • The City’s microenterprise program offers business development workshops to existing small business owners and aspiring small business owners in San Bernardino. Packet Page. 1374 Program Evaluation City of San Bernardino General Plan – Housing Element 6-35 • Labor and Job Quality. In recent decades, the Inland Empire region has become ground-zero for a startling growth in low-wage jobs, poor working conditions, and environmental degradation. Most of this growth has been led by five specific industries; health care, retail, food service, education, and the goods movement/ logistics industries. Although the survey was taken during the COVID years, 28 percent of survey respondents thought their economic wellbeing had declined over the past three years. Just SB recommended that a full-court press on economic development was critical for residents. Specifically, the City of San Bernardino should invest in a diversified employment infrastructure enhancement program that includes: partnerships to create and improve access to living-wage and safe jobs, apprenticeships and job training, and local entrepreneurship, including small business incentives that both prioritize local entrepreneurs and local hiring. The City should also encourage community benefits agreements to be put in place with developers vying for contracts in the city, and prepare for jobs of the future. Finally, San Bernardino’s most vulnerable and historically excluded populations need to be a focus. The City of San Bernardino has limited dedicated sources of revenue for workforce development. Indeed, during the bankruptcy years, the City’s federal dollars were transferred to the County, limiting the influence of the City in workforce development priorities. That said, some the key initiatives underway to address economic, labor, and job quality include: • In 2023, the City approved development of an inhouse economic development team with staff dedicated to coordinating and facilitating economic growth and development. • In 2023, the City and the Inland Empire Center for Entrepreneurship at CSUSB announced a $4 million plan to open an Entrepreneurial Resource Center in the city’s central core. • In 2023, the City awarded $2.5 million in grants to 105 local small businesses and non- profits as part of a grant program to support organizations impacted by the pandemic. • In 2023/24 the City will adopt a new downtown specific plan and complete demolition of the Carousel Mall, opening the area for future development. • In 2023, the City solicited an RFP to develop a comprehensive economic development action plan to assist in guiding the long-term revitalization of San Bernardino. Additional City-County and outside partner initiatives related to economic and workforce development are included within Chapter 5, Fair Housing Assessment, of the Housing Element. Packet Page. 1375 Program Evaluation 6-36 January 2024 6.5 PUBLIC PARTICIPATION AB 215 mandates requirements for noticing the housing element and incorporating public input. All cities must make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, take at least 10 additional business days to consider and incorporate public comments into the draft before submitting it to the department. For any subsequent draft revision, the City must post on its internet website and email a link to the draft revision to all individuals and organizations that previously requested notices relating to the housing element at least 7 days before submitting the draft revision to HCD. The City of San Bernardino has taken care to ensure that all distribution, posting, and notification requirements have been made as required by AB 215 and that comments received were meaningfully included into the draft revisions as follows: • All draft revisions of the housing element were posted on the City’s general plan website. The public were invited to provide comments for each draft through a separate email address. Organizations who requested to see the housing element revisions or provided their email were notified of any revisions and a link to where they could find the draft. • For Planning Commission, City Council, and the three additional workshops required by Inland Counties the City notified by email the previous workshop participants, community groups and agencies that the City had previously been in communication with, and several groups provided to the City through discussions with ICLS/PILP. Public hearings were duly noticed. • Prior to submitting the draft Housing Element to HCD, the City also incorporated comments made by the public regarding various programs in the housing element. Comments were specifically incorporated regarding elimination of the crime free multi-housing program. Subsequent hearings were also held to address community concerns. • The City also followed the specific posting and distribution requirements under AB 215 for the second submittal of the revised housing element to HCD. Planning department staff also provided public comments regarding the housing element received by the city to each member of the City Council before adoption of the housing element. • All revisions of the housing element diligently incorporated a significant amount of public comments received. Past revisions documenting where such changes were made are available. The City will proactively make future revisions available to the public pursuant to Gov’t Code 65585(b), prior to submitting any revisions to HCD and diligently consider and address comments, including making revisions to the document where appropriate. Packet Page. 1376 City of San Bernardino General Plan – Housing Element 7-1 7.0 HOUSING PLAN This chapter describes the City of San Bernardino’s housing strategy and policy plan for the 6th-cycle planning period (2021-2029). The goals, policies, and programs were developed using key data regarding community needs, input from the community and its local stakeholders, and a review of the City’s past performance in meeting its housing goals and objectives. The goals are intended to address the concerns and key findings identified in the Housing Element. The City of San Bernardino’s housing policy and strategy plan is organized by goals, supported by policies, and implemented by programs. Goals are aspirational statements that indicate the City’s direction and intention on housing-related opportunities, challenges, and community need. A goal includes several policies; a policy is a statement that describes the City’s preferred course of action to work toward and reach the intended goal. A goal and its related policies also include programs, or specified efforts and actions the City will take to achieve its goals. Each program is implemented by specific actions that further the City’s policies and goals. The housing goals and policies described in this housing plan support the State of California’s overarching goal of providing “decent housing and a suitable living environment for every Californian” (Government Code § 65580) and its goals for required local action (Government Code § 65583). Housing goals are consistent with other City plans, including the Consolidated Plan, Analysis of Impediment to Fair Housing Choice, General Plan, and implementing specific plans. The City’s housing goals, policies, and programs address the following five topics: » Housing Production. Facilitate the development of safe, high-quality housing that is diverse in type, size, price, tenure, and location for all residents. » Housing Constraints. Reduce, mitigate, or remove governmental and nongovernmental constraints to the production, maintenance, and improvement of housing. » Healthful Neighborhoods. Neighborhoods of well-maintained homes, public services and facilities, parks and open spaces, and infrastructure that offer quality places to reside. » Housing Assistance. Assist in the provision of affordable housing through homeowner and rental assistance, preservation of affordable housing, deed restricting new affordable housing, and other efforts to improve housing affordability and housing security. » Fair Housing. Affirmatively further fair housing opportunity for all residents in San Bernardino through policy, outreach and education programs, and funding. Packet Page. 1377 Housing Plan 7-2 January 2024 7.1 GOALS AND POLICIES HOUSING OPPORTUNITIES San Bernardino strives to have a balanced supply of housing, with options affordable for all income levels, including groups with special needs. While the City offers a broad variety of housing opportunities, there is an acknowledged need for even greater diversity in types of housing and affordability levels that provide economic and citywide benefits. This requires intentional and deliberate about zoning and development decisions and use of limited municipal resources. The intent of this goal is to assist in the provision of housing to meet the community’s full needs for housing its diverse residents. Goal 1: Facilitate the development of safe, high-quality housing that is diverse in type, size, price, tenure, and location for all residents. Policy 1.1 Balanced Housing. Maintain adequate land for a range of housing, including single-family attached and detached, multi-family housing, and mixed uses, including allowances for flexibility in development standards and lot designs. Policy 1.2 Accessory Dwellings. Facilitate the development of well-designed accessory dwelling units that can expand rental housing opportunities for individuals and families seeking affordable housing. Policy 1.3 Design Features. Require new and rehabilitated housing to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and sustainable green designs. Policy 1.4 Mixed Uses. Support and facilitate mixed-use residential development along corridors, in the downtown, and major nodes that have appropriate on-site amenities, offers a cohesive and quality design, and is at the appropriate scale. Policy 1.5 Affordable Component. Where City assistance is provided, require the integration of affordable housing in projects and throughout the City to promote an equitable distribution of affordable housing and further fair housing goals. Packet Page. 1378 Housing Plan City of San Bernardino General Plan – Housing Element 7-3 HOUSING CONSTRAINTS San Bernardino has a long history with a wide variety of rural and suburban settings and a reemerging downtown core. Focused project areas of the community are regulated by specific plans. The City and the regulatory and market environment in which development occurs has changed over the past decade, with changes in state law, the local economy, housing demand, and the City’s organizational structure. As the City seeks to intensify and change land uses in focused areas of the community, the regulatory context must be modified to accommodate new housing constraints and opportunities. The following goal and policies provide direction at reducing, mitigating, and removing potential and actual constraints to the development, maintenance, and improvement of housing. GOAL 2: Reduce, mitigate, or remove governmental and nongovernmental constraints to the production, maintenance, and improvement of housing. Policy 2.1 Regulatory Context. Ensure that City development regulations and permitting processes are routinely updated in accordance with changes in new statewide legislation, building codes, and best practices in the building industry. Policy 2.2 Development Fees. Allow for developer impact, planning, and other fees to compensate the City for costs of providing services, ensure the proper construction of needed infrastructure, and fully address the impacts of development. Policy 2.3 Development Incentives. Where appropriate, use regulatory incentives, such as density bonus, parking reductions, lot consolidation, modifications and exceptions, that encourage the production of housing, including affordable housing. Policy 2.4 Infrastructure Improvements. Explore and create innovative and cost-effective means to provide and rehabilitate on- and off-site infrastructure; offer flexibility in cases where projects provide overriding community benefit. Policy 2.5 Development Review. Maintain an efficient entitlement process with coordinated permit processing, objective design standards, and environmental clearance that provides certainty for developers and allows for appropriate review. Packet Page. 1379 Housing Plan 7-4 January 2024 SAFE, HEALTHFUL NEIGHBORHOODS San Bernardino has over 50 neighborhoods, each characterized by its age, history, geography, predominant type of housing, location near major infrastructure, amenities, demographics, and other characteristics. Some neighborhoods are well maintained with high quality housing, and other neighborhoods are aging and evidence disinvestment. Others are transitioning and recycling to higher intensity uses, while other neighborhoods are more rural in nature and have limited infrastructure. The varied physical settings require attention to all facets of neighborhood quality and resident participation in neighborhood decisions. GOAL 3: Neighborhoods of well-maintained homes, public services and facilities, parks and open spaces, and infrastructure that provide safe, healthful, and quality places to reside. Policy 3.1 Housing Rehabilitation. Facilitate and support the improvement and rehabilitation of housing (single-family detached, multi-family, and mobile homes) to maintain the property in a decent, safe, and sanitary condition. Policy 3.2 Capital Improvements. Cause for the development of schools, parks, streets, sewers, storm drains, utilities, and other public facilities and capital improvements to support the conservation and maintenance of housing and neighborhoods. Policy 3.3 Housing and Property Maintenance. Promote quality housing and property maintenance through education, information, periodic building inspections, code compliance and enforcement, and financial assistance where feasible. Policy 3.4 Neighborhood Involvement: Encourage community participation in neighborhood organizations to identify needs and implement programs aimed at the beautification, improvement, and preservation of neighborhoods. Policy 3.5 Healthy Neighborhoods. Maintain parks, open spaces, and parkways; plant trees and landscape public spaces; support access to healthy foods; and maintain pathways and trails that encourage an active and healthy lifestyle. Policy 3.6 Public Safety. Strive to provide safe neighborhoods by addressing crime and violence, ensuring safe travel along roadways and managing traffic, providing recreational opportunities for youth, and enforcing safety regulations. Packet Page. 1380 Housing Plan City of San Bernardino General Plan – Housing Element 7-5 HOUSING ASSISTANCE San Bernardino will continue to see a high demand for housing, and the underlying market and economic forces have implications for residents, particularly those with low and moderate incomes. As housing costs continue to increase, lower- income residents have limited relocation choices. Moderate-income families with children can only afford apartments and a few single-family homes. At the same time, the City’s housing is aging and requires greater effort and resources to maintain structural quality. These issues require a multipronged effort to address homeownership and rental assistance, incentives to encourage the production of affordable housing, preservation of affordable housing, and collaborative and strong working partnerships with other housing and service entities. Goal 4: Assist in the provision of affordable housing through homeowner and rental assistance, preservation of affordable housing, deed-restricting new affordable housing, and other efforts to improve housing affordability and housing security. Policy 4. 1 Financial Assistance. Use and seek to leverage further public financial resources, to the extent feasible, to support provision of housing for lower-income and special-needs households. Policy 4.2 Collaborative Partnerships. Participate in and support collaborative partnerships that provide funding and assistance for the development, improvement, and preservation of housing. Policy 4.3 Affordability Tools. Explore the feasibility and implementation of affordable housing tools (e.g., inclusionary, land grants, land trusts, etc.) that require the integration of affordable units for rent or sale in residential projects. Policy 4.4 Housing Assistance. Support County efforts to provide rental assistance and homeownership assistance to qualified households to expand the options of low- to moderate-income buyers and allow them to build equity. Policy 4.5 Preservation of Affordable Housing. Support the preservation of mobile home parks, publicly subsidized housing, and other sources of affordable housing to reduce potential displacement and enhance housing security for residents. Packet Page. 1381 Housing Plan 7-6 January 2024 FAIR HOUSING State law requires that all cities affirmatively further fair housing in the Housing Element. This provides broad protections to California residents, prohibiting housing discrimination through public or private land-use practices, decisions, and authorizations based on protected status. Affirmatively furthering fair housing requires meaningful and deliberate actions to overcome segregation and disparities, promote fair housing choice, and foster inclusive communities free from discrimination and other barriers that restrict access to opportunity based on protected characteristics. Through the analysis undertaken for the Housing Element as well as its goals, policies, and programs, the City will continue to affirmatively further fair housing. Goal 5: Affirmatively further fair housing opportunity for all residents in San Bernardino through policy, outreach and education programs, and funding. Policy 5.1 Housing Services. Support the provision of fair housing services and tenant/ landlord mediation services to City residents, property owners, lenders, and others. Provide resources and support organizations that offer counseling, mediation and dispute resolution, and education and knowledge about fair housing. Policy 5.2 Homeless Services. Initiate and maintain a comprehensive homeless prevention and housing-first approach to address the needs of the City’s homeless residents and enable them to secure the resources needed to integrate back into society. Policy 5.3 Senior Services. Support the development and maintenance of affordable senior housing and support services to facilitate maximum independence and the ability of seniors to remain in their homes or city. Policy 5.4 People with Disabilities. Address the special needs of persons with disabilities through provision for supportive and group housing, homeowner accessibility grants, and reasonable accommodations. Policy 5.5 Family Services. Support the provision of supportive family services, child development services, employment training, and other services designed to assist families in attaining self-sufficiency and furthering their well-being. Policy 5.6 Municipal Practices. Continue to administer municipal programs and activities relating to housing and community development in a manner that is consistent with affirmatively furthering fair housing; proactively seek to remove barriers to housing and services based on protected characteristics. Packet Page. 1382 Housing Plan City of San Bernardino General Plan – Housing Element 7-7 7.2 HOUSING PROGRAMS Program 1.1 RHNA Site Inventory This Housing Element provides an inventory of residential projects in the development pipeline and vacant sites that, taken together, will accommodate the City’s 2021-2029 RHNA. The City will maintain an inventory and map of available sites for residential development and will, in accordance with state law, ensure that requirements for no-net loss and allowance by right for sites used from the prior two planning periods will be adhered to throughout the planning period and that appropriate rezonings will occurs within the specified timeframes. Objective(s) • 1.1a. Maintain inventory of residential sites to address the 2021-2029 RHNA; periodically review sites for compliance with no-net-loss law. • 1.1.b. Upzone 5.65 acres of RMH-designated sites to RM-32, 9.35 acres of RMH designated sites to RH-50, and 4.46 acres of RH-zoned sites to RH-50 (See Table 4-5) • 1.1c. On rezoned sites to meet the lower income RHNA, permit multifamily uses without discretionary action and address reqds in Gov't Code 65583, (c)(1) and 65583.2, (h) (i). • 1.1d. Multifamily projects with 20% or more units affordable to lower income will be allowed by right on sites identified in prior planning periods Program 1.2 Downtown Specific Plan Downtown San Bernardino is central to the City’s future as an urban center. The Downtown Specific Plan will transform the area into a mixed-use and multipurpose node that is connected to City services, employment, housing, and educational facilities, within walking distance and connected to transit. The Specific Plan aims to: restore historic and cultural prevalence to the downtown and its structures; leverage existing transit; restore and enhance civic life in the urban core; and serve as an economic and cultural catalyst to increase jobs, retail, housing, and places of gathering. The Specific Plan is not intended to assist in addressing the 6th cycle RHNA. Objective(s) • 1.2a. Adopt the Downtown Specific Plan; make associated amendments to the Development Code as needed, and monitor plan effectiveness • 1.2b. Issue RFP, comply with the Surplus Land Act, and select a developer(s) for the Carousel Mall catalytic housing sites and others identified in the Specific Plan. • 1.2c. Continue to work with residential developers until the catalytic projects are built on residential sites in downtown. Packet Page. 1383 Housing Plan 7-8 January 2024 Program 1.3 Transit Overlay District The City’s Transit Overlay connects 13 areas with five transit stations-Kendall Drive, E. Street, Village/Urban Center Station, Downtown Station Area, and Employment Center Station. The TOD was intended to provide guidance and incentives to facilitate transit-oriented development around the five transit stations. However, the program has not been used to date, primarily due to market conditions, lack of by-right higher densities available for mixed uses, and potentially the need for other incentives to recycle underutilized sites. To kick-start implementation, the City plans to evaluate the development standards and permitting process for the Transit Overlay to determine whether revisions are needed to support development in the TOD areas. Objective(s) • 1.3a. Evaluate development standards and incentives available in the Transit Overlay; identify and evaluate options to stimulate development. • 1.3b. Evaluate the impact of SB 6 and SB 2011 to determine whether changes to the Transit Overlay are needed for it to be consistent with State law. • 1.3c. Identify funding to support technical assistances to property owners and developers and publicize TOD incentives offered on the City’s website. Program 1.4 City Owned and Surplus Site Housing Development The City will continue releasing land designated as surplus for development of affordable housing. The City will release surplus sites annually, noticing them via a Notice of Availability consistent with the SLA. All surplus sites are tracked on the City’s website. All surplus sites disposed pursuant to the SLA will include a minimum of 15-25 percent affordable units depending on SLA regulations. In addition to completing rezoning by April 17, 2024, the City will facilitate resolution with selected developers of any impediments to receiving entitlements and building permits to ensure that the project can commence construction prior to January 2028. Objective(s) • 1.4a. Dispose RDA sites (Table 4-6) in compliance with SLA; advertise surplus land for sale on the City's website; and consider and award bids to affordable housing developers. • 1.4b. Rezone 4.0 acres of CG-1 zoned land to RH-50, 1.9 ac of CO-zoned land and 1.4 ac of RH-zoned land to RMH-32 zoning, and 1.3 acres of CR-2 land to RH-50 zoning. • 1.4c. Proactively work with nonprofits or for-profit entities to develop residential uses on the surplus sites with units that are affordable to lower income households. • 1.4d. Require any Bice property development on surplus land to reserve at least 15 percent of its units for lower-income households, per state law under the Surplus Lands Act. Packet Page. 1384 Housing Plan City of San Bernardino General Plan – Housing Element 7-9 Program 1.5 Accessory Dwelling Units Accessory dwelling units (ADU) are an effective strategy for providing affordable housing and reducing overcrowding and overpayment. In May 2021, the City Council adopted MC-1559 to allow ADUs and JADUs in all residential zones, subject to development review and compatibility with materials and architecture of the primary unit. The ADU Ordinance was subsequently amended again in 2022, resulting in a significant construction boom for ADUs and JADUs. Based on a three-year trend, the City is projecting 1,704 ADUs over the 2021-2029 planning period . To continue this progress, the following actions/objectives are proposed. Objective(s) • 1.5a. Periodically review and revise ADU regulations for consistency with state law. Address changes to the ADU Ordinance noted by HCD’s review letter dated October 2023. • 15b. Monitor and record progress in ADU production and affordability in the APR to ensure ADU targets are met. • 1.5c. Adopt development incentives, including online marketing, expedited process, pre- stamped plans, and one-stop permit. • 1.5d. If ADU production or affordability falls 25 percent below target for two calendar years, rezone sites to address shortfall within 6 months Program 1.6 Mixed Use Corridors San Bernardino is spanned by major corridors, such as Baseline Street, Highland Avenue, Mt. Vernon Avenue, Waterman Avenue, and D and E Streets. These corridors contain underperforming strip commercial, vacant or underutilized parcels, deteriorating structures, and inconsistent façades and signage; therefore, they are a key focus of the General Plan update. At the same time, there is a need to provide high quality housing, which can also stimulate retail commercial uses along corridors. New laws (e.g., SB 6, AB 2011) allow housing to be built by right on commercial sites. As draft regulations are published by HCD, the SBMC will be amended to encourage development consistent with the General Plan and State law along corridors. Objective(s) • 1.6a. Update the land use and zoning requirements for the City’s main corridors to provide guidance for housing and mixed use development. • 1.6b. Evaluate the impact of SB 6 and AB 2011 to determine whether changes to the SBMC is needed to be consistent with State law. Packet Page. 1385 Housing Plan 7-10 January 2024 Program 1.7 Land Use Element/Code Update As part of the General Plan update, the Land Use Element will be amended to increase the allowable density range for all medium- and higher-density residential land use designations to leverage the demand for apartments and condominiums, both affordable and market rate. Moreover, new mixed-use designations will be created along major east-west and north-south corridors to facilitate the conversion of underutilized sites to residential and/or mixed uses, create a more intense urban downtown, and support existing commercial uses (see Program 1.6). The General Plan update will provide a policy framework for updating specific plans and mixed-use corridors. To achieve these goals will require amendments of the land use designations and SBMC. Objective(s) • 1.7a. Complete comprehensive updates to the General Plan Land Use Element to further increase opportunities for new housing. • 1.7b. Revise land use designations of medium- to high-density residential zones; create mixed- use zones to implement the General Plan. • 1.7c. Increase density ranges for medium-and-higher density zones, and draft density/intensity and development standards for residential and mixed-use projects. Program 1.8 Design Standards Design standards are implemented to ensure that residential projects built are of lasting value, provide communitywide benefits, and reduce visual blight. Objective development and design standards (ODDS) are a key part of this process because they provide property owners and builders with the community’s expectations for project design, and they improve predictability of the development review and approval process by offering quantifiable standards and regulations that need to be followed. The Development Review Committee, an interdepartmental committee of City staff, reviews all project applications and makes consistency recommendations to the approving body. However, SB 330 requires revisions to the design regulations in the municipal code to provide more specific design guidance for residential/mixed-use projects. Objective(s) • 1.8a. Revise, adopt, and implement ODDS (objective development and design standards) for residential and mixed-use projects to comply with State law. • 1.8b. Review and revise the design findings required for the review and approval of projects to allow for greater objectivity, clarity, and certainty in approval. • 1.8c. Publicize and market the new objective development and design standards on the City’s economic and community development website. Packet Page. 1386 Housing Plan City of San Bernardino General Plan – Housing Element 7-11 Program 2.1 Regulatory Incentives San Bernardino has many underutilized sites and opportunities for residential development. However, small, individual lots offer limited development potential and generally cannot support on-site management when the lot is developed with residential uses. Residential development opportunities, particularly along corridors and infill on vacant and underused sites in existing neighborhoods, could be increased through a broader incentive program. While the City routinely grants minor modifications and exceptions to facilitate development, the program could be expanded to include lot consolidation incentives, such as density incentives. In tandem with other regulatory incentives, these tools will encourage a more efficient use of the land, offer flexibility for developers, and facilitate quality development. Moreover, such a program will further assist developers in revitalizing corridors given new state laws allowing for residential uses. Objective(s) • 2.1a. Amend Development Code to incentivize lot consolidation, merger, or lot line adjustments to encourage assemblage of lots into larger parcels to facilitate quality housing. • 2.1b. Allow for minor modifications and exceptions to facilitate and encourage the development of quality residential development. Program 2.2 Density Bonus Provisions Density bonus provisions reward developers providing affordable housing to seniors or families with an increase in density and reduced building requirements, such as reduced parking, reduced setbacks, and other factors that decrease the cost of housing production. Density bonus projects can be an important source of housing for lower- and moderate-income households and have been effectively used in many residential projects currently in the development pipeline. The SBMC Section 19.04.030 allows the City to grant a density bonus under three provisions: • Affordability Bonus: Developments that provide affordable housing may receive a density bonus based on the total percentage of affordable units as per Gov’t Code 65915. • Amenity Bonus: Developments that provide amenities deemed beyond the minimum required by the City may receive a density bonus of no more than 15 percent. • Senior Bonus: The City allows senior housing built in multi-family zones to receive a density bonus of up to 50 percent with a market feasibility study and a conversion plan. Objective(s) • 2.2a. Revise density bonus ordinance consistent with Gov't Code § 65915 et. seq and Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino. Packet Page. 1387 Housing Plan 7-12 January 2024 Program 2.3 Development Fee Study Development fees support community services and benefits, such as public safety infrastructure, transportation infrastructure, affordable housing, environmental mitigation, libraries, parks, flood control, and other projects. However, if not carefully drafted, impact fees can make it infeasible for developers to build housing or can significantly increase home prices. Development fees can amount to anywhere from 6 to 18 percent of the median price of a home depending on location, according to the AB 602 Senate Floor Analysis. The City has hired a consultant to assess fees. The City will utilize the fee study to determine revisions to balance full-cost recovery, ensure proposed projects are adequately planned for, and consider the cumulative effect on housing development. Objective(s) • 2.3a. Study and implement development and impact fees in accordance with SB 319 and AB 602, as codified in Gov’t Code § 66000 et. seq. • 2.3b. Complete development fee study to assess appropriateness and consistency with state law; revise fees based on the findings. • 2.3c. Study the feasibility of offering selected fee reductions, where appropriate, to facilitate the development of housing that fills unmet housing need. Program 2.4 Development Code Update As part of the General Plan update, the City has committed to updating the Development Code. Among other items, key provisions include: 1) updating regulatory measures that allow housing types, including special needs housing (Program 2.7); 2) updating the density bonus ordinance (Program 2.2); 3) updating development and design standards to facilitate development along corridors and in downtown (Programs 1.6 and 1.8); and 4) make amendments to facilitate consistency with the General Plan (Program 1.7). However, additional revisions to the Development Code are needed to address potential constraints to development. Objective(s) • 2.4a. Revise residential open space and lot coverage standards to allow more flexibility in satisfying requirements (e.g., use of shared space or transfer of open space requirements) • 2.4b. Remove the tiered density reduction standards for lots in multiple-family residential zones, thus facilitating achievement of maximum density in each respective zone. • 2.4c. Revise land use tables for all zones to clarify requirements for land use allowance and creating distinct requirements for physical improvements to property. • 2.4d. Review and, if needed, revise other code requirements and administrative processes that could impede achievement of maximum density. Packet Page. 1388 Housing Plan City of San Bernardino General Plan – Housing Element 7-13 Program 2.5 Permit Facilitation The City’s development review process has three tiers of permits (administrative, development, and conditional permits), each with different decision-making bodies that review, condition, and approve applications. While the City meets its statutory requirements for processing development applications, conversations with developers indicated that further actions, beyond augmenting staffing, can streamline, coordinate, and facilitate the processing of permits. To that end, the City is developing a “one-stop shop” counter that will physically and virtually connect all phases of review for development applications. Additional processes are being implemented, including the objective design standards and permit-expediting process during the planning period. Objective(s) • 2.5a. Establish a written policy or procedure to allow a streamlined approval process and standards for eligible projects, as set forth under Gov’t Code § 65913.4. • 2.5b. Create a one-stop-shop counter for residential projects to streamline the application submittal and review process, improve consistency, and improve development certainty. • 2.5c. Monitor status of projects quarterly; for ones not moving forward, contact developers to ascertain issues, facilitate remaining entitlements, and assist in extensions as needed. • 2.5d. Track project processing to ensure an environmental determination is made pursuant to PRC§21080.1, within the timeframes of the PRC §21080.2 and Gov’t Code 65950(a)(5). Program 2.6 Site Improvements Assistance Site improvements are necessary to prepare land for development and address potential impacts of development on- or off-site. Common improvements include grading, street lighting, and drainage; curb, gutter, and sidewalks; utility poles and connections; roadway improvements; etc. Financing site improvements can be a challenge for developers who propose affordable housing or small projects where infrastructure is lacking. To reduce the constraints and costs associated with site improvements, the City may, on a project-by-project basis, 1) allow developers to defer site improvements to a later date, 2) waive the requirement to underground utilities, or 3) waive or modify requirements for public street improvements if the improvements are cost prohibitive. Objective(s) • 2.6a. Require adequate site improvements for residential and mixed-use projects to ensure that impacts of development are addressed and mitigated. • 2.6b. Consider deferral, modification, or waiver of street improvements, undergrounding of utilities, and other features on a project-by-project basis. Packet Page. 1389 Housing Plan 7-14 January 2024 Program 2.7 Constraints to A Variety of Housing Housing Elements must provide for a variety of housing types to accommodate people of all incomes, household types, and disabilities. This includes housing such as single-family homes, multi-family rental housing, factory-built housing, ADUs, mobile homes, housing for agricultural employees, SRO units, emergency shelters, transitional housing, permanent supportive housing, and low barrier navigation centers. The SBMC update will include the following revisions. Objective(s) • 2.7a. Amend the SBMC to define and permit employee housing as a by-right use in zones allowing single-family housing, in accordance with Health and Safety Code § 17021.5. • 2.7b. Define/permit ADUs as a by-right use consistent with Gov’t Code §65852.2; incorporate changes to the ADU ordinance required by HCD’s October 2, 2023 memo to the City. • 2.7c. Amend SBMC's permitting, definitions, and associated regulations to facilitate development of emergency shelters, transitional and supportive housing, and low barrier navigation centers per state law (See Program 5.5). • 2.7 d. Interview SRO/micro-unit developers and propose ordinance revisions for consideration to the City Council to incentivize both housing types. Program 2.8 Constraints to Housing for People with Disabilities In December 2022, HCD issued a technical memorandum that provides guidance on how cities should address group homes and housing for people with disabilities. This guidance addresses how such land uses are defined, permitted in zoning districts, subjected to local regulations, and allowed reasonable accommodation. In addition, AB 2339 requires additional changes to emergency shelters and other potential constraints to the development of suitable housing. These facilities may also house disabled individuals needing special accommodations. Objective(s) • 2.8a. Amend SBMC to redefine the terms “family,” “dwelling unit, ”dwelling single,” and “disability” and residential/ community care facilities to comply with fair housing law. • 2.8b. Amend the SBMC to allow group homes or small residential care facilities (RCF) serving six or fewer persons that operate as a single housekeeping unit and that do not provide licensable services in all zones allowing single or multiunit residences. • 2.8c. Amend the SBMC to allow RCFs operating as a single housekeeping unit that provide licensable services to more than six residents subject to a conditional use permit based on generally applicable, nondiscriminatory findings in all zones allowing residential/mixed uses. Packet Page. 1390 Housing Plan City of San Bernardino General Plan – Housing Element 7-15 Program 3.1 Housing Rehabilitation The Owner Occupied Rehabilitation Program is designed to assist income-eligible San Bernardino homeowners improve the living conditions of their homes. Only owner-occupied single-family detached dwellings, townhomes, and condominiums within the San Bernardino city limits qualify for this program. Health and safety, building code, accessibility, and some general property- related repairs are eligible for reimbursement. Loans are all deferred loans at three percent interest per annum, with no payments due on the loan unless qualifying actions occur. Beyond single- family homes, however, the City also has a need for rehabilitation of mobile homes and apartments. Though there are fewer funding sources available, HCD will release a Multi-family Housing Program (MHP) Super NOFA in late 2023 to provide funding for rehabilitation activities. Objective(s) • 3.1a. Contract with NPHS to implement the owner occupied housing rehabilitation loan program and report on results annually. • 3.1b. Consider opportunities to seek and secure funding to expand the housing rehabilitation program to mobile home parks and apartments. • 3.1c. If program expansion is feasible and approved by council, authorize staffing and financial resources to expand program to cover mobile homes and apartments. • 3.1d. Conduct a survey to clarify the need for demolition, moderate repairs, and major repairs needed to the housing stock within the city. Program 3.2 Rental Housing Program Maintenance Standards On October 4, 2023, the City Council adopted MCC-1619 replacing Chapter 15.27 of the SBMC “Crime Free Rental Housing Program” in its entirety with Rental Housing Program Maintenance Standards. It also amends the chapter to retain the exterior inspections of multi-family rental housing and the eight-hour training class. As part of the stipulated judgment with Promise Gracia et al., the provision for charging for inspections has been removed. The ordinance applies to all multi-family rental housing complexes containing four or more units on a single parcel. City code enforcement may be involved in conducting the rental housing course and annual exterior (re)inspections as a lawful exercise of their duties, including but not limited to enforcement responsibilities under Civil Code 1941 et seq. and HS Code 17920.3 and 17975 et seq. Objective(s) • 3.2a. Implement program changes immediately following adoption of the ordinance in 2023 and return to the City Council for action by mid-2024. • 3.2b. Review ordinance on an annual basis to ensure that it is effective and complies with all state and federal fair housing laws. Packet Page. 1391 Housing Plan 7-16 January 2024 Program 3.3 Code Enforcement The City’s Code Enforcement program enforces regulations codified in more than 20 municipal codes that are intended to protect the health, safety, and welfare of the public; maintain quality neighborhoods; maintain quality housing; reduce crime; and ensure a high quality of life. Following the City’s exit from bankruptcy and COVID health restrictions, the City has been increasing code enforcement staff to create greater capacity for responding to code violations and inspections. The City will continue to implement its code enforcement program to further the health, safety, and welfare of the community and its residents and business, while also pursuing additional action items as appropriate to address emerging concerns. Objective(s) • 3.3a. Enforce code compliance; increase the number of code enforcement staff to improve capacity to respond to municipal code violations in a timely manner. • 3.3b. Adopt 2022 California Building Code; Require adherence to local housing, property, vehicle, and other local regulations to ensure the safety and health of residents. • 3.3c. In conjunction with County Fire, Housing Division, or business licensing program, explore interventions to expand the inspection of multi-family housing. • 3.3d. Analyze the City’s code enforcement programs with respect to Federal and State Fair Housing Law and include or modify programs to ensure compliance. Program 3.4 Affordable Housing Inspection Program San Bernardino’s Housing Compliance Specialist performs housing and compliance checks on homes and apartments developed using HOME, RDA, or NSP assistance. The scope includes more than 24 projects with more than 2,500 affordable housing units. As part of this effort, the housing compliance specialist will: 1) conduct on-site inspections of affordable units, with assistance from City building inspectors; 2) ensure monitoring and inspection deficiencies are addressed in a timely manner; and 3) review and approval of affirmative marketing and tenant services plans. This requirement only applies to projects required to be inspected under 24 CFR 92.504(d) and is separate from the City’s property maintenance program for single and multiple-family units. Objective • 3.4a. Inspect multi-family housing developed using federal HOME or NSP assistance; inspect 20% of projects each year, require compliance with federal housing quality standards. • 3.4b. Implement a general multi-family housing inspection program that is separate and covers all multiple-family residential properties in the city. • 3.4c. Transition to NSPIRE for consistency with local, state, federal housing inspection criteria Packet Page. 1392 Housing Plan City of San Bernardino General Plan – Housing Element 7-17 Program 3.5 Violence Prevention/Intervention The City implements comprehensive violence and crime prevention efforts. The City’s Violence Intervention and Prevention (Program addresses root conditions that have driven violence and crime in San Bernardino. Partners include the City, its police department, Loma Linda University, H.O.P.E Culture, Young Visionaries, Urban Peace Institute, Urban Conservation Corps, and others. Violence intervention involves outreaching to gangs/individuals based on crime reports, holding education events, identifying high risk residents to help develop life plans, and personal follow up. In 2019, under its community-oriented policing initiative, the City reorganized its officers into neighborhoods by staffing four substations that will allow officers to work closer with community groups and residents, build greater trust among residents, and reduce crime and violence rates. Objective(s) 3.5a. Implement violence intervention services to reduce crime and gang-related violence, including $3.8 million in violence intervention grant funds. 3.5b. Implement community-oriented policing to reduce crime and violence, including the $5.0 million in grants to hire community policing officers 3.5c. Explore the feasibility of implementing a citywide Neighborhood Watch Program to prevent and reduce crime and violence. If such a program is adopted, ensure that it complies with all Federal and State Fair Housing Law as well as the City’s duty to AFFH. Program 3.6 Park and Recreational Planning San Bernardino’s 36 parks provide opportunities for residents to recreate, socialize, and exercise. During the bankruptcy and following decade, many of these resources fell into disrepair due to the inability to fund maintenance and repair. These resources eventually became unsafe to occupy. Since emerging from bankruptcy, the City has been repairing park and recreational facilities throughout the community. The City has worked to secure grants and/or collaborate with partners from the State of California, San Manuel Reservation, Kaboom, and other for-profit and non-profit agencies to fund the revitalization of park and recreational facilities. Objective(s) • 3.6a. Complete comprehensive update of the General Plan Parks and Recreation Element; Complete Parks/Rec Master Plan; program recommended improvements into the CIP • 3.6b. Continue to secure funding, schedule and improve projects, including: Guadalupe, Speicher, Delmann Heights, Seccombe, Nicholson, Encanto Center, and Blair Park • 3.6c. Complete improvements to two libraries: Paul Villasenor Library and Feldhym Library Packet Page. 1393 Housing Plan 7-18 January 2024 Program 3.7 Business and Employment Assistance The City will establish an Entrepreneurial Resource Center downtown, supported by IECE at CSUSB, that will provide resources and support for entrepreneurs and small business owners in the City. In 2022, the City was awarded a $4.2 million grant to hire 70 young and early-career staff members as part of the California Youth Jobs Program. In collaboration with the Inland Empire Small Business Development Center, the City will dedicate $3.0 million in ARPA funds to assist businesses and organizations impacted by COVID-19 or qualifying as an “underserved small business.” Objective(s) • 3.7a. Expend $3.0 million in ARA funds to assist small businesses and organizations that were adversely impacted by the COVD pandemic. • 3.7b. Establish an Entrepreneurial Resource Center (ERC) to provide a central point for resources and support for entrepreneurs and small business owners in the City. • 3.7c. Implement Youth Workforce grant and employ and train San Bernardino youth for jobs with the City and CBOs to restore services curtailed during the COVID pandemic. • 3.7d. Prepare a citywide Broadband Master Plan that will position the City for implementation grants from the state and federal government. Program 3.8 Capital Improvements Each year the City adopts a Five-Year Capital Improvement Program (CIP) aligning with the 2020-2025 Key Strategic Targets and Goals established by the mayor and city council. The CIP provides a roadmap for developing and maintaining the City’s capital facilities and infrastructure to provide high quality services to residents and the community. Due to the cost and importance of capital projects, significant consideration goes into allocation of resources to these projects. Projects in the CIP are evaluated against a four-point scale of priority and selected based on an assessment of community needs, mayor and city council priorities, and available funding. Objective(s) • 3.8a. Continue annual update of the CIP and implementation of scheduled projects, including accessibility improvements per the City’s Transition Plan. • 3.8b. Prioritize capital improvements where disinvestment or disadvantaged areas exist; pursue collaborate efforts where feasible. Complete Vernon Bridge, Muscoy Improvements, State Street Extension, Cross St. Bridge, Mt Vernon Storm Drain., and Del Rosa Fire Station. • 3.8c. Request estimated $5 million in grant funding and, if approved, prepare an ADA Plan, Bridge Management Plan, Storm Drain Master Plan, and Facility Management Plan. Packet Page. 1394 Housing Plan City of San Bernardino General Plan – Housing Element 7-19 Program 3.9 Water and Sewer Planning San Bernardino’s age and geographic diversity underscores the importance of water and sewer planning to address the needs of existing and future residential development. Gov’t Code 65589.7 requires that jurisdictions have a policy for prioritizing water and sewer services (will serve letters) for residential projects that provide affordable housing to lower income residents. While the City can provide adequate service, a priority policy needs to be adopted to comply with state law. Furthermore, in compliance with state and county codes, infrastructure improvements are needed to: 1) protect the groundwater due to leaking from septic use in more rural areas; and 2) upgrade water lines to remove the potential for lead leaching in compliance with USEPA direction. Objective(s) • 3.9a. Implement septic conversion projects - convert 250 septic tanks in Arrowhead Farms upon receipt of $24.3 million SWCRB grant. • 3.9b. Complete $3.5 million project to replace 300+ lead water service connectors in the Cimmaron and San Anselmo neighborhoods • 3.9c. Adopt a policy that grants priority for issuing will serve water and sewer service to proposed housing affordable to lower-income households. Program 3.10 Community Health For a large, industrialized community, improving and maintaining environmental quality is a high priority for the City. Of the City’s 43 tracts, 13 tracts (33 percent) are considered disadvantaged for pollution burden. Environmental health concerns are broad in type and include environmental justice, air quality, land use adjacency issues, heavy industrial uses, and legacy superfund sites. Improving environmental conditions is complex and costly, oftentimes requiring multiagency cooperation. The Housing Element commits the City to do the following: Objective(s) • 3.10a. Complete a Health/Environmental Justice Element for the 2050 General Plan based on the findings of a technical report and community input. • 3.10b. Support implementation of the Community Emissions Reduction Plan in Muscoy/West San Bernardino to reduce exposure to pollution. • 3.10c. Encourage and facilitate the cleanup of active contaminated sites and, for inactive projects, seek funding and partnerships to facilitate cleanup. • 3.10d. Complete installation of traffic signal improvement grant (Caltrans’ Local Highway Safety Improvement Program (HSIP)) • 3.10e. Implement Selective Traffic Enforcement Program (STEP) grant to improve road safety. Packet Page. 1395 Housing Plan 7-20 January 2024 Program 4.1 Preservation of Assisted Multi -family Rental Housing The City has a large inventory of assisted rental housing affordable to low-income households— 40 affordable rental housing developments in the City offer affordable housing for 3,600 households. Although the majority of affordable apartment properties have extended their affordability covenants in recent years, nine projects have subsidy contracts that are expiring by 2031. These projects are technically considered at risk of converting from affordable to market- rate housing. However, only two properties are at high risk of conversion during the planning period. Though the City has limited funds to assist in preserving these projects, it will facilitate the preservation of the remaining projects and improve housing security. Objective(s) • 4.1a. Monitor contract status of affordable housing and communicate the City's desire to preserve long-term affordability of properties. • 4.1b. Contact each at-risk property to ensure that conversion notices and tenant education are sent out at: 3 years, 1 years, and 6 months of the covenant expiration date. • 4.1c. Coordinate qualified entities such as nonprofit and for-profit organizations interested in preserving at-risk projects. • 4.1d. As feasible, provide financial and/or technical assistance to preserve publicly assisted affordable housing at risk of conversion by 2031. Program 4.2 Rent Control /Stabilization In 1984, San Bernardino adopted a rent stabilization program that covered all of its 48 mobile home parks where units are not already covered by a lease. The goal of the program is to maintain the affordability of existing mobile home parks as a viable option for affordable living, particularly for lower income seniors and families with children. City provisions regulate rents, and HCD inspects the properties to ensure that State codes are met. Annual rent increases are capped at 80 percent of the change in the consumer price index. Passed in 2023, SB 940 allows locally passed rent protections to apply towards newly constructed mobile home spaces, and creates a 10-year exemption for spaces in those parks. AB1482 also took effect on January 1, 2020, and imposes rent caps, just cause eviction, and other procedures on apartments built more than 15 years ago. Objective(s) • 4.2a. Continue the Mobile Home Rent Stabilization program and ensure that all increase requests go through the proper administrative and hearing process. • 4.2b. Contract with fair housing providers to educate tenants on their rights and responsibilities with respect to rent stabilization and just cause eviction. Packet Page. 1396 Housing Plan City of San Bernardino General Plan – Housing Element 7-21 Program 4.3 Housing Choice Voucher The Housing Authority implements a federally funded rental housing choice voucher (HCV) program. The HCV program provides rental assistance to qualified extremely low- and very low- income households residing in San Bernardino or to properties offering affordable units to these income groups. The program offers a rent “voucher” that is equal to the difference between the current fair market rent for an apartment and what a tenant can afford to pay (based on 30 percent of their household income). A tenant may choose to live in housing that costs more than the normal payment standard if they pay the extra rent. Housing vouchers can be allocated to projects (“project-based”) or to renters (“tenant-based”). Presently, approximately 2,600 income-eligible households benefit from the tenant-based housing choice voucher program in San Bernardino. Objective(s) • 4.3a. Maintain use of at least 2,600 tenant-based rental vouchers for San Bernardino residents and support continued distribution of project-based vouchers. • 4.3b. Work with HACSB to improve use of tenant-based vouchers 10% by marketing educational and promotional materials to residents, tenants, and property managers. • 4.3c. Publicize the Housing Authority’s HCV program by posting fliers and distributing other educational materials at appropriate venues Program 4.4 Emergency Rental Assistance San Bernardino and its residents were severely impacted by COVID, which resulted in loss of employment, evictions, and other economic hardships. In 2021, the City secured $11 million in Emergency Rental Assistance funding from the State of California to pay rent or utilities for tenants and landlords who did not receive revenues due to the impact of COVID-19. Through Resolution No. 2021-224, the program allowed past and current rent and utility bills to be paid. The program partners with Inland SoCal 211+ to provide information regarding program resources. As of January 2023, the program had 6,950 applicants and disbursed $16.9 million in assistance. The program is currently only serving existing clients because available funds are exhausted. More than 90 percent of households are Hispanic or African Americans with one to five members. Objective(s) • 4.4a. Provide emergency rental assistance to existing San Bernardino residents impacted by job or other financial losses due to COVID. • 4.4b. Seek additional funding that may become available and, if funding becomes available, allocate rental assistance to residents most in need of housing support. • 4.4c. Review and consider non-profit applications for funding for rental assistance programs, during its annual CDBG/ESG/HOME funding cycle. Packet Page. 1397 Housing Plan 7-22 January 2024 Program 4.5 Homeownership Initiative Creating generational wealth has been a reoccurring theme expressed by residents. As is the case statewide, African American, Hispanic, and Filipino residents have the lowest homeowner rates. New homeownership programs have, until recently, declined due to the rapid escalation in prices and high subsidy required to make the cost of a home affordable to low- and moderate-income households. However, expanding homeownership is a key initiative in San Bernardino and is currently implemented through the infill housing development program on formerly surplus sites. The City will initiate a homeownership effort that includes strategies to augment funding and increase partnerships to close the race and ethnic gap in homeownership. Objective(s) • 4.5a. Present homeownership gap closure program to City Council for consideration to improve homeownership for San Bernardino residents. • 4.5b. If approved, apply for homeownership funding opportunities and grants as NOFAs are released. If approved, develop program, and hire staff. Program 4.6 Assist in the Development of Extremely Low -Income Housing San Bernardino’s effort to assist in the development of extremely low-, very low-, and low-income housing leverages a variety of affordability tools, incentives, partners, and financing. The first component includes making sites available for affordable housing, including surplus sites. The second component includes regulatory and financial incentives (e.g., density bonus, administrative exceptions, and other regulatory relief) to improve project feasibility. The third component includes permit streamlining to expedite the review and conditioning of the project to reduce constraints to project approval. These components make it possible for the City to assist in the development of affordable housing for extremely low-, very low-, and low-income households. Objective(s) • 4.6a. Post and circulate surplus sites available for affordable housing per the Surplus Land Act; consider proposals from affordable housing developers per the SLA. • 4.6b. Reach out to and collaborate with local nonprofits to provide housing assistance, education and information, and other support and resources. • 4.6c. Complete processing, facilitation, funding and/or technical assistance of affordable housing in the pipeline and pursue other opportunities that arise. Packet Page. 1398 Housing Plan City of San Bernardino General Plan – Housing Element 7-23 Program 4.7 Inclusionary Housing Ordinance With inflationary housing prices and rents in recent years, it has grown more challenging to finance and develop affordable housing. At the same time, new State law, referred to as “no net loss,” requires cities to find replacement sites or redesignate sites for affordable housing if the original affordable housing sites in the Housing Element are built with market-rate housing. As a result, cities are increasingly reexamining the feasibility of inclusionary housing ordinances (IHO), which mandate that new residential projects set aside a percentage of units as affordable to low- and/or moderate-income families. An IHO can help achieve multiple housing goals—achieving the RHNA mandate, preventing unnecessary rezoning, reducing housing insecurity, and integrating affordable housing options alongside market rate housing. Objective(s) • 4.7a. Contract with an affordable housing specialist to study, identify, and evaluate feasibility of inclusionary housing policies. • 4.7b. Host study session(s) with the City Council and the development community to discuss opportunities for inclusionary housing. • 4.8c. If approved by the City Council, conduct a nexus study, prepare inclusionary requirements and in-lieu fee options, and create an expenditure policy for funds. Program 4.8 Housing or Land Trust Community land trusts (CLT) are mechanisms for creating affordable housing units and maintaining the units as affordable over the long term. Traditionally, land trusts maintain housing affordability by retaining ownership of the land, allowing the owner to place permanent covenants on the prices or rents for homes on the land. There are various public and private land trust models and funding options that can help to provide resources beyond affordable housing, such as community revitalization, home preservation, and ownership opportunities. SBCTA has developed an initial CLT program that might offer the opportunity to join at a low initial cost. However, the City can also work with nonprofit organizations to develop a local CLT as well. Objective(s) • 4.8a. Explore the feasibility of a housing trust, either regional (e.g., SBCTA) or local, as a means of providing affordable housing in the City. • 4.8b. Host a study session with the City Council to discuss housing land trust opportunities and their feasibility in the City of San Bernardino. • 4.8c. If approved, develop a list of City land assets, funding sources, and interested parties and prepare a program for council consideration. Packet Page. 1399 Housing Plan 7-24 January 2024 Program 5.1 Fair Housing Services The Inland Fair Housing and Mediation Board and other groups provide education, dispute resolution, and legal advising services to San Bernardino owners, landlords, and tenants. Fair housing services are particularly important for lower- and moderate-income households who cannot afford to retain counsel. The City refers persons with housing discrimination or other fair housing inquiries to these agencies for assistance. Fair housing education is available to persons of adult and high school age, property owners, mobile home park owners/residents, realtors, City staff, lenders, and staff of newspapers’ classified advertising departments. Outreach is conducted through radio, television, newspapers, public appearances, and brochure distribution. Objective(s) • 5.1a. Contract for fair housing mediation services, education, and enforcement; refer those in need to fair housing services; monitor results • 5.1b. Distribute bilingual fair housing materials at City buildings and post them on the City’s website and social media to ensure residents are aware of available resources. • 5.1c. Implement pilot tenant protections program where Legal Aid serves City residents free of charge with direct legal representation on tenant rights to prevent displacement. Program 5.2 Senior Housing and Services San Bernardino’s seniors have specific needs related to housing affordability, accessibility, and supportive services. As the senior population grows, so will the need for housing that is affordable for those on fixed incomes or with mobility needs. To address the housing needs of senior households, the City permits and facilitates the development of senior apartments, senior (“age- restricted”) mobile home parks, assisted living, residential care, and other housing options. The City provides two senior centers provide social events and programs (nutrition; senior companion; AmeriCorps; health, fitness, and exercise; etc.). The City provides a senior companion program and nutrition program (SCP/SNP) with $700,000 in grants from the CNCS from 2022-2025. Objective(s) • 5.2a. Continue to seek and attract residential developers to provide, build, and expand the City’s inventory of affordable and market rate housing for seniors. • 5.2b. Sponsor and provide physical, social, health, and other support services for senior residents at San Bernardino’s senior centers and other locations. • 5.2c. Maintain the housing security of seniors through voucher advocacy, preservation of affordable housing, mobile home rent stabilization, housing assistance, and other programs. Packet Page. 1400 Housing Plan City of San Bernardino General Plan – Housing Element 7-25 Program 5.3 Housing for Persons with Disabilities San Bernadino’s disabled population is diverse, representing different ages, abilities, medical conditions, and other life situations. The City’s approach to serving its disabled residents is multifaceted and designed to facilitate independent living so residents can live their fullest. For new housing, the City requires that housing is accessible per ADA disability standards. For housed residents, the City provides procedures for residents to seek reasonable accommodation (SBMC Chapter 19.63) to modify their homes to improve accessibility. The City improves the accessibility of infrastructure and public facilities in accordance with its Transition Plan. The City also approves residential care facilities and other group housing for residents with a wide range of disabilities. Objective(s) • 5.3a. Continue to ensure compliance with all building accessibility codes. Review and revise the Reasonable Accommodation Ordinance to ensure it is consistent with State law; prepare interdepartmental letter directing compliance with state law until ordinance is updated. • 5.3b. Update and implement the City’s Self-Evaluation and Transition Plan and continue to schedule improvements to ensure accessibility to City streets, facilities, and public services. • 5.3c. Update the SBMC regarding residential care facilities, consistent with State requirements (Health and Safety Code § 1502 et seq). • 5.3d. Support efforts to provide community, recreational, and social services to people with physical, mental, and developmental disabilities. Program 5.4 Housing for Students Cal State San Bernardino and San Bernardino Valley Community College are valued community assets, providing education, jobs, and enrichment opportunities. Though Cal State has some on- campus housing, both schools are predominantly commuter schools. As is the case statewide, college students often face precarious and uncertain housing situations; it is not uncommon for college students to double up to afford housing and tuition. Even for students who are adequately housed, the combined cost of college tuition and housing may result in housing insecurity. In 2022, the San Bernardino CCD was awarded a $1 million grant for a feasibility study. Should the feasibility study demonstrate the demand for housing, the district can submit an application for an allocation from California’s pool of $1.5 billion to finance the development of student housing. Objective(s) • 5.4a. Support local college and university efforts to explore the development of on- and off- site housing opportunities for their students and faculty. • 5.4b. Work with SBVC to facilitate student housing through the entitlement process-- expediting rezoning, development entitlements, or supporting funding applications Packet Page. 1401 Housing Plan 7-26 January 2024 Program 5.5 Housing for Families with Children The Housing Element analysis found that families with children are the majority household type in the City. Additionally, most of the households in San Bernardino are considered lower income and live in low opportunity districts or neighborhoods. According to the Census Bureau, the needs of San Bernardino’s families with children are many, including housing problems (overpayment, overcrowding, substandard housing), the need for financial assistance for lower income families, the need for continued education and employment for youth and adults, the need for park and recreational programs, and other needs. Though the City is not positioned to address the full range of needs of families with children, it can provide housing and services when feasible and contract with other appropriate entities to address service gaps. Objective(s) • 5.6a. Seek and attract residential developers to provide, build, and expand the City's inventory of affordable and market rate housing for families with children. • 5.6b. Sponsor and provide at community centers physical, social, health, and other support services for families and children. • 5.6c. Maintain the housing security of families with children through preservation of affordable housing, rent stabilization, housing assistance, etc. Program 5.6 Homeless Services San Bernardino is home to 40 percent of the county’s homeless population, and the City’s homeless population has increased 175 percent since 2017. Shelters are at or near full capacity. Moreover, homelessness is expected to increase. On February 1, 2023, the City Council issued an Emergency Homelessness Declaration. San Bernardino is committed to implementing a “housing first” strategy and provision of a full continuum of housing and services to address homelessness. The City‘s strategy to address homelessness and the multiplicity of unmet needs is multilayered. It begins with individual outreach and interaction, leading ultimately to comprehensive housing opportunities (e.g., shelters, navigation centers, transitional shelters, interim housing, permanent supportive housing) and the full range of health, social, and employment services needed to facilitate independence. The City is dedicating more than $20 million, not including additional noncity funds, to augment shelter capacity, outreach and engagement, and supportive services. Objective(s) • 5.5a. Convene a Homeless Task Force to review implementation of the City’s Homeless Action Plan and the expenditure of $20 million in American Rescue Plan Act funds to finance the plan. Packet Page. 1402 Housing Plan City of San Bernardino General Plan – Housing Element 7-27 • 5.5b. Partner with County, for-profit, and nonprofit agencies to provide a comprehensive continuum of services to people who are homeless or residing temporarily in shelters. • 5.5c. Provide a street outreach team to assist individuals experiencing homelessness, direct them to services, and address issues with encampments. • 5.5d. Complete the following projects: » 170-bed Lutheran Social Services multiservice campus » 30-unit U.S.VETS permanent supportive housing on E Street » 60-unit interim SBVC project on G Street for college students » 200-bed Salvation Army expansion » 200-prefab-unit HOPE Navigation Center Campus on 6th Street • 5.5e. Work with the County to provide accurate counts of homeless people to document the need for services and success of City programs. • 5.5f. Amend SBMC's definition for transitional and supportive housing and permit by right in all zones allowing residential uses, and allow low barrier navigation centers as a by-right use in all zones allowing residential and mixed uses, per Gov't Code § 65583(c)(3) and § 65660. • 5.5g. Revise municipal code provisions for a security and management plan for emergency shelters in compliance with the Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino. • 5.5h. Make code revisions needed to address AB 2339 and revise the emergency shelter overlay site to remove infeasible sites and include additional sites as warranted. Program 5.7 Housing Mobility Racially concentrated areas of affluence (RCAA) are a fair housing concern in that certain areas may disproportionately benefit higher resources to the exclusion of lower income residents. The City of San Bernardino does not have an RCAA; in fact, most of the City is lower income tracts. A of 2023, only four tracts in Northwest San Bernardino are moderate/higher resource. To ensure equal access to resources in these areas, the City will implement a fourfold strategy: 1) approve ADU applications submitted; 2) surplus up to 113 parcels in single-family residential developments for affordable housing; 3) market housing choice vouchers to apartment properties in the area; and 4) work with HASC to preserve any at risk housing units in the neighborhood. Objective(s) • 5.7a. Facilitate and approve ADU applications in Northwest San Bernardino • 5.7b. Surplus up to 113 lots for affordable single-family housing in Northwest San Bernardino • 5.7c. Affirmatively market use of rental vouchers to apartments in Northwest San Bernardino • 5.7d. Work with HASC to preserve affordable housing in Northwest San Bernardino Packet Page. 1403 Housing Plan 7-28 January 2024 Program 5.8 Place-Based Program As discussed in Chapter 5, San Bernardino has several disadvantaged incorporated areas -- the Westside and Central/Downtown—which are some of the oldest areas of the community. Both comprise the majority of the areas designated as R/ECAPs and/or high segregation and poverty in the community. As explained earlier, these conditions are due in part to the many economic, housing, and social changes since 1980 that resulted in significant economic disruption, poverty, foreclosures, deteriorating infrastructure, and declining neighborhoods. Reversing and ameliorating these conditions will take considerable time and continued investments. To improve these areas, the City is directing significant public and private investment into both areas. Chapter 5 (Tables 5-23 and 5-24) along with action items in other housing element programs list dozens of initiatives and multi-million dollar investments being dedicated to these two areas. The timeframes for each action item where initiated by the City, County or other partners can be found by referencing the program number for each line item in the housing plan. Objective(s) • 5.8a. Complete comprehensive community building investments in the Central/Downtown and Westside (see Tables 5-23 and 5-24). • 5.8b. Continue to seek grants and engage with nonprofit and for-profit organizations to assist in implementing community building initiatives. Packet Page. 1404 Housing Plan City of San Bernardino General Plan – Housing Element 7-29 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING 1.1 RHNA Housing Site Inventory Agency: CDD Funding: GenFund • a. Maintain inventory of residential sites to address the 2021-2029 RHNA; periodically review sites for compliance with no-net-loss law. Complete APR Annually • b. Upzone 5.65 acres of RMH- sites to RM-32, 9.35 acres of RMH sites to RH-50, and 4.46 acres of RH-zoned sites to RH-50 (See Table 4-5) Rezone 19.5 acres to allow up to 1,138 du to address the RHNA shortfall Concurrent w/adoption of the HEU • c. On rezoned sites required to meet the lower income RHNA, permit multifamily uses without discretionary action and address requirements in Gov’t Code 65583, (c)(1) and 65583.2, (h) (i). • d. Multifamily projects with 20% or more units affordable to lower income will be allowed by right on sites identified in prior planning period As sites are proposed for housing 1.2 Downtown Housing Agency: CDD Funding: GenFund • a. Adopt the Downtown Specific Plan; make associated amendments to the Development Code as needed, and monitor plan effectiveness Adopted Specific Plan End of 2024 • b. Issue RFP, comply with the SLA, and select a developer(s) for the Carousel Mall catalytic site and others identified in the Specific Plan. Issued RFP, Selected Developer 2024/25 • c. Continue to work with residential developers until the catalytic projects are built on residential sites within the downtown. Meet with 5 developers 2024- 2026 1.3 Transit Overlay District Agency: CDD Funding: GenFund • a. Review development standards and incentives available in the TOD Transit Overlay; identify and evaluate options to stimulate development. SBMC Revision End of 2024 • b. Evaluate impact of SB 6 and SB 2011 to determine whether changes to the TOD Transit Overlay is needed for consistency with state law. CC Report End of 2024 • c. Identify funds to support technical assistance to property owners/developers and publicize TOD incentives offered on the City’s website. Weblink for incentives End of 2024 1.4 City-Owned and Surplus Site Develop- ment Agency: CDD Funding: HOME; CALHFA • a. Advertise surplus land for sale on the City's website, consider and award bids to affordable housing developers; and dispose of RDA sites (Table 4-6) in compliance with SLA; a Advertise sites Surplus sites in Table 4-6 Award bids Mid 2024 2024/2025 End of 2025 • b. Rezone 4.0 ac of CG-1 zoned land to RH-50, 1.9 ac of CO and 1.4 ac of RH-zoned land to RMH-32, and 1.3 acres of CR-2 land to RH-50. Rezoned acreage April 17, 2024 Packet Page. 1405 Housing Plan 7-30 January 2024 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING • c. Proactively work with entities to develop residential uses on the surplus sites with units affordable to lower income households. Develop all surplus sites by Jan 2028 By 2028 • d. Require development on Bice property surplus land to reserve at least 15 percent of its units for lower-income households, per SLA. 15% units affordable to low income When site surplused in 2024-2025 1.5 Accessory Dwelling Units Agency: CDD Funding: GenFund • a. Periodically review and revise ADU regulations for consistency with state law and HCD's review letter dated October 2023. Revised Code Review Code By July 2024 Annually • b. Monitor and record progress in ADU production and affordability in the APR to ensure ADU targets are met. Completed APR: permit 200 ADUs/ Annually by April 1st. Annual • c. Adopt development incentives, including online marketing, expedited process, pre-stamped plans, and one-stop permit. Adopt Incentives 90 ADUs No later mid-2025 Annually • Request ADU Affordability Rezone sites As submittd After 2 yrs of shortfall 1.6 Mixed Use Corridors Agency: CDD Funding: GenFund • a. Update the land use and zoning requirements for the City's main corridors to provide guidance for housing and mixed use development. SBM Revision Permit up to 3 housing or office convert projects By July 2024 Annual starting 2026 • b. Evaluate the impact of SB 6 and SB 2011 to determine whether changes to the mixed use codes is needed to be consistent with state law. 1.7 Land Use Element Update Agency: CDD Funding: GenFund • a. Complete comprehensive updates to the General Plan Land Use Element to further increase opportunities for new housing. GPLU and SBMC Revision Mid 2024 • b. Revise land use designations of medium- to high-density residential zones; create mixed-use zones to implement the General Plan. SBMC Revision Mid 2024 • c. Increase density for medium-to-higher density zones; draft density/intensity and development standards for housing and mixed-use projects. SBMC Revision Mid-2024 1.8 Design Standards Agency: CDD Funding: GenFund • a. Adopt, and implement objective development and design standards (ODDS) for residential and mixed-use projects to comply with state law. Adopted ODDS End of 2024 • b. Review and revise findings required for review and approval of projects to allow greater objectivity, clarity, and certainty in approval. Revised Findings Mid 2024 Packet Page. 1406 Housing Plan City of San Bernardino General Plan – Housing Element 7-31 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING POTENTIAL DEVELOPMENT CONSTRAINTS 2.1 Regulatory Incentives Agency: CDD Funding: GenFund • a. Amend Development Code to incentivize lot consolidation, merger, or lot line adjustments. • b. Allow for minor modifications and exceptions to facilitate development of residential projects. SBMC Revisions 5 projects (1/year) By July 2024 Starting 2024 - 2028 2.2 Density Bonus Provisions • a. Revise density bonus ordinance consistent with Gov't Code § 65915 et. seq and Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino. SBMC Revision By April 17, 2024 2.3 Develop-ment Fee Study Agency: CDD • a. Study and implement development and impact fees in accordance with SB 319 and AB 602 as codified in Gov’t Code § 66000 et. seq. Complete the Fee Study. Revision fees, if applicable By mid 2024 Funding: GenFund • b. Complete development fee study to assess appropriateness and consistency with state law; revise fees based on the findings. By end of 2024 • c. Study the feasibility of offering fee reductions, where appropriate, to facilitate development of housing that addresses unmet housing need. Staff Report By end of 2024 2.4 Develop ment Code Update Agency: CDD • a. Revise open space and lot coverage standards to allow flexibility in satisfying requirements (e.g. use of shared / transfer of open space req.). SBMC Revision By July 2024 Funding: GenFund • b. Remove the tiered density reduction standards in multiple-family residential zones, facilitating achievement of maximum density SBMC Revision By July 2024 • c. Revise land use tables to clarify requirements for land use allowance and distinct requirements for physical improvements to property. SBMC Revision By July 2024 • d. Review and, if needed, revise other code requirements and administrative processes that could impede achievement of maximum density. SBMC Revision By July 2024 2.5 Permit Facilitation Agency: CDD • a. Establish written policy or procedure to allow streamlined approval process and standards for eligible projects set forth under GC § 65913.4. SBMC Revision By July 2024 Funding: GenFund • b. Create and implement a one-stop-shop counter for project submittal and review to streamline the development review process. Physical One- Stop Counter Mid 2026 Packet Page. 1407 Housing Plan 7-32 January 2024 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING • c. Monitor projects; for ones not moving forward, contact developers to ascertain issues, facilitate entitlements, and assist in extensions. Monitoring Assistance Quarterly As needed • d. Track project processing to ensure that an environmental determination is made pursuant to PRC §21080.1, within the timeframes of the PRC §21080.2 and Gov’t Code 65950(a)(5) Annual Tracking as part of APR April 1 of each year 2.6 Site Improve- ments Assistance Agency: CDD Funding: GenFund • a. Require site improvements for residential and mixed-use projects to ensure that impacts of development are addressed and mitigated. Req. Site Improv’t As projects proposed • b. Consider deferral, modification, or waiver of street improvements, undergrounding of utilities, and other features, on a project basis. Req. Site Improv’t As projects proposed 2.7 Constraints to A Variety of Housing Agency: CDD • a. Amend SBMC to define and permit employee housing as a by-right use in zones allowing single-family housing per HSC § 17021.5. SBMC Revision By mid 2024 Funding: GenFund • b. Amend SBMC to define/permit ADUs as a by- right use consistent with Gov’t Code §65852.2 and comply with HCD’s October 2, 2023 letter. SBMC Revision By mid 2024 • c. Amend SBMC to permit, define, regulate, and facilitate development of emergency shelters, transitional and supportive housing, and low barrier navigation centers per state law. SBMC Revision By April 17, 2024 • d. Interview SRO/micro-unit developers and propose ordinance revisions for consideration to incentivize both housing types. 5 Interviews; Revision of Ordinance. Mid 2025 End 2025 2.8 Constraints to Housing for People with Disabilities Agency: CDD • a. Amend SBMC to redefine the terms “family,” “dwelling unit, ”dwelling single,” and “disability” and care facilities to comply w/ fair housing law SBMC Revision By mid 2024 • b. Amend SBMC to allow group homes/small RCFs serving six or fewer persons that operate as a housekeeping unit and that do not provide licensable services in all zones allowing housing SBMC Revision By mid 2024 Funding: GenFund • c. Amend SBMC to allow RCFs operating as a single housekeeping unit that provide licensable services to 6+ residents subject to a CUP based on generally applicable, nondiscriminatory findings in zones allowing residential/mixed uses. SBMC Revision By mid 2024 Packet Page. 1408 Housing Plan City of San Bernardino General Plan – Housing Element 7-33 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING 3.1 Housing Rehab. Agency: CDD • a. Contract with NPHS to implement the owner occupied housing rehabilitation loan program and report on results annually. 4 Loans Annually Annual Funding: HOME • b. Consider opportunities to secure funding to expand the housing rehabilitation program to mobile home parks and apartments. Council Report As NOFAs become available • c. If program expansion is feasible and approved by Council, authorize staffing and funding to cover mobilehomes and apartments. Program specs If CC approves • d. Conduct a survey to clarify the need for demolition, moderate repairs, and major repairs needed to the housing stock within the city. Housing conditions survey End of 2025 3.2 Rental Property Mntnce Program Agency: CDD Funding: GenFund • a. Implement program changes immediately following adoption of the ordinance in 2023 and return to City Council for action by 2024. • b. Review ordinance on an annual basis to ensure that it is effective and complies with all state and federal fair housing laws. Inspect 870 units annually Annual Review of progress Ongoing Adopt rev. by 2024 3.3 Code Enforce-ment Agency: CDD • a. Adopt 2022 Building Code; require adherence to housing, property, vehicle, and other local regulations Adopt Code 4,100 cases; 3400 inspects. End 2024 Annual Funding: GenFund • b. Increase the number of code enforcement staff to improve capacity to respond to code violations in a timely manner. Increase staff levels to 25 employees Jan- 2025 • c. In conjunction with County Fire, Housing Division, or City licensing program, explore expanding inspection to multi-family units. Council agenda item Mid 2024 • d. Analyze code enforcement programs with respect to Federal and State Fair Housing Law; include /modify programs for compliance Council staff report Mid 2026 3.4 Multi- Family Inspection Agency: CDD Funding: GenFund • a. Inspect multi-family housing built using HOME or NSP assistance; require compliance with federal housing quality standards Inspect 20% of projects Annual • b. Implement a multi-family housing inspection program that is separate and covers all multiple-family residential properties in the city. Adopt program and regulations Mid 2024 • c. Transition to the NSPIRE inspection standards to ensure consistency with local, state, and federal housing inspection criteria. New Standards Mid 2024 Packet Page. 1409 Housing Plan 7-34 January 2024 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING 3.5 Violence Prevention Agency: CPD • a. Implement violence intervention services to reduce crime and gang-related violence, including the $3.8 million VIP grant Engage 50 high-risk youth and 3-6 gangs Annually Annually Funding: DOJ • b. Implement community-oriented policing (COP) to reduce crime and violence, including $5.0 million in grants to hire officers Hire 8 officers Hire 10officers Hire 4 officers End 2021 End 2022 End 2023 • c. Explore feasibility of a Neighborhood Watch Program to prevent & reduce crime/violence. If such a program is adopted, ensure that it complies with all Federal and State Fair Housing Law and the City’s duty to AFFH. Council Report End of 2024 3.6 Park & Recreation Planning Agency: PRCD PWD Funding: GenFund; Grants • a. Update General Plan Parks and Recreation Element and Parks/Rec Master Plan; program recommended improvements into the CIP Complete Element Final Plan End 2024 End 2024 • b. Complete following projects: - Guadalupe Park/Center ($1 million) - Speicher Park retrofit ($3 million) - Delmann Heights retrofit ($6 million) - Retrofit Seccombe ($9 million) - Retrofit Nicholson Park ($9 million) - Encanto Center and Park ($4 million) - Retrofit Blair Park ballfields ($1.7 million) Complete Retrofits of parks by following dates: End 2024 Mid 2025 End 2026 Mid 2025 Mid 2025 End 2024 End 2024 • c. Complete improvements to two libraries: Paul Villasenor Library and Feldhym Library Villasenor Feldhym End 2023 End 2024 3.7 Youth and Adult Employment Agency: CDD Funding: ARPA GenFund CYJ Grant • a. Expend $3 million to assist small businesses and organizations adversely impacted by COVD Assist 100 to 150 business 2023 thru 2025 • b. Establish an Entrepreneurial Resource Center as a central point for resources and support for entrepreneurs and small businesses in the City. Serve up to 2,500 people 2023 thru 2025 • c. Implement Youth Workforce Development grant; employ and train San Bernardino youth for jobs with the City and CBOs Hire and train 70 residents End of 2024 • d. Prepare a citywide Broadband Master Plan that will position the City for implementation grants from the state and federal government. Master Plan End of 2024 3.8 Capital Improve- ments Agency: CDD, PWD, PRD • a. Annually update the CIP and implement scheduled projects, including accessibility improvements per City Transition Plan. Adopted CIP Annual Packet Page. 1410 Housing Plan City of San Bernardino General Plan – Housing Element 7-35 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING Funding: Grants SBCTA State/Fed Funding • b. Prioritize CIPs where disinvestment or long-neglected areas are identified. Complete: - Vernon Bridge Replacement - State Street Extension - Cross Street Bridge Install - Muscoy Pedestrian Improvements - Mt Vernon Storm Drain Rehab - Third Street Improvements - 2nd Street Bridge/Warm Creek - Del Rosa Fire Station Adopted CIP Complete projects Annual End 2025 End 2024 End 2024 End 2025 End 2024 End 2024 Mid 2023 End 2024 • c. Expend $ million to prepare 4 City infrastructure plans -- ADA Plan, Bridge Mgmt, Storm Drain, and Facility Management Plans. Adopted Plans 2024-2029 3.9 Water and Sewer Service Planning Agency: SBMWD • a. Implement sewer system and septic conversion in Arrowhead Farms. If awarded SWRCB grant, complete $24.3 million project. Grant Award Convert 250 septic tanks Mid 2024 Mid 2024-Mid 2026 Funding: SWCRB CWSRF • b. Complete $3.5 million project to replace 300+ lead water service connectors in the Cimmaron and San Anselmo neighborhoods Final grant Replace lead connectors End 2024 End 2025 GenFund • c. Develop/adopt policy that grants priority for water and sewer service to proposed housing affordable to lower-income households Adopted policy Within one year of HEU adoption 3.10 Community Health Agency: CCD • a. Complete a Health/Environmental Justice Element for the 2050 General Plan based on the technical report and community input. Complete Element End of 2024 Funding: GenFund Caltrans DTSC HSIP DOT OTS • b. Support implementation of the CERP in Muscoy/West San Bern. to reduce exposure to pollution from stationary and fixed uses. Implement the recent 2022 CERP Annual • c. Encourage and facilitate cleanup of active contaminated sites and, for inactive projects, seek funding and partnerships to cleanup Ramona Sch Carousel Mall End of 2024 End of 2024 • d. Complete installation of traffic signal improvements from $10 million grant from Local Highway Safety Improvement Program Install at 225 intersects. End of 2023 • e. Implement $567,000 Selective Traffic Enforcement Program grant to improve road safety in high accident areas of the city At least 24 DUI/DL checkpoints 2023-2024 Packet Page. 1411 Housing Plan 7-36 January 2024 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING HOUSING ASSISTANCE 4.1 Preserve Assisted Multi- family Rental Housing • a. Monitor contract status of affordable housing and communicate the City's desire to preserve long-term affordability of properties. Monitor all 8 projects Annual Agency: CCD LegalAid, IFHMB • b. Contact each at-risk property to ensure that conversion notices and tenant education are sent out at: 3 years, 1 years, and 6 months of the covenant expiration date. Calls all eight (8) projects Educational materials At three intervals per state law. Funding: GenFund • c. Coordinate qualified entities (e.g., nonprofit organizations and interested for-profit organizations) interested in preserving projects Call interest’d parties re: 8 projects Two years before expiration • d. As feasible, provide financial and/or technical assistance to preserve publicly assisted affordable housing at risk of conversion Technical or financial assistance As projects request assistance 4.2 Mobile Home Rent Stabilization (MHRSP) Agency: Contract Agency Funding: MHP fees • a. Continue (MHRSP); ensure that all rental increase requests go through the proper administrative and hearing process Maintain MHRSPs Annual • b. Work with fair housing provider to educate tenants on their rights and responsibilities re: rent stabilization and just cause eviction. Resident Workshops Quarterly 4.3 Housing Choice Voucher Agency: CDD HASBC • a. Maintain use of at least 2,600 tenant-based vouchers for residents and support continued distribution of project based vouchers. 2,600 vouchers Annual Funding: Fed HCV GenFund • b. Work with HACSB to improve use of tenant-based vouchers 10% by marketing educational and promotional materials to residents, tenants, and property managers. 10% increase Website post HCV fliers Mail fliers to Verdemont 2023-2029 Mid 2024 Qtr Wrkshp End 2024 End 2025 • c. Publicize the HASBC HCV program through outreach materials, informational sessions, workshops, and/or other venues. • Work with affordable housing developers and support their applications to the HASBC for project based vouchers. 1 application annually As rental projects are proposed 4.4 Emergency Agency: Socal 211 • a. Provide emergency rental assistance to existing San Bernardino residents impacted by job or other financial losses due to COVID. Closeout for 6,950 residents End of 2023 Packet Page. 1412 Housing Plan City of San Bernardino General Plan – Housing Element 7-37 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING Rental Assistance Funding: Federal • b. Seek additional funding that may become available and, if so, allocate rental assistance to residents most in need of housing support. Review NOFAs Annual • c. Review and consider non-profit applications for funding for rental assistance programs, during its CDBG/ESG/HOME funding cycle. Review of applications Annual 4.5 Homeown. Initiative Agency: CDD • a. Present homeownership gap closure program to City Council for consideration to improve homeownership for residents. Staff Report to Council Mid 2024 Funding: GenFund • b. If approved, apply for homeownership funding grants as NOFAs are released. If approved, develop program and hire staff. Program Regs. Mid 2024 4.6 Assist in Develop- ment of Extremely Low-Income Housing Agency: CDD • a. Post and circulate surplus sites available for affordable housing; consider proposals from affordable housing developers per the SLA. List and post sites on web As sites become surplus Funding: State and federal funds • b. Reach out to and collaborate with local nonprofits to provide housing assistance, education and information, and resources. Phone calls with four nonprofits Biennially • c. Complete processing, facilitation, funding and/or technical assistance of affordable housing in the pipeline and pursue others Pipeline projects 2024-2026 4.7 Inclusion. Housing Agency: CDD • a. Contract with an affordable housing specialist to study, identify, and evaluate feasibility of inclusionary housing policies. Feasibility Report Mid-2024 Funding: GenFund • b. Host study session(s) with the City Council and the development community to discuss opportunities for inclusionary housing. Study Session Mid-2025 • c. If approved by City Council, conduct nexus study, prepare inclusionary reqd. and in-lieu fee options, and create fee expenditure policy Nexus Study 2026 4.8 Housing Land Trust Agency: CDD • a. Explore the feasibility of land trust, either regional (e.g., SBCTA) or local, as a means of providing affordable housing in the City. Staff Report End of 2023 Funding: GenFund • b. Host a study session with the City Council to discuss housing land trust opportunities and their feasibility in the City of San Bernardino. City Council Report Early 2024 • c. If approved, develop a list of City land assets, funding sources, and interested parties and prepare program for Council consideration. Program parameters Mid 2024 Packet Page. 1413 Housing Plan 7-38 January 2024 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING FAIR HOUSING OPPORTUNITY 5.1 Fair Housing Services Agency: CDD Funding: Federal funds • a. Contract for fair housing mediation services, education, and enforcement; refer those in need to fair housing services; monitor results 2,700 Service- Beneficiaries Annually • b. Distribute fair housing materials at City buildings, website, and social media to ensure residents are aware of available resources. Website Post City Hall Flier Social Media Annual Annual BiAnnual • c. Implement pilot tenant protections program where Legal Aid serves City residents free of charge with direct legal representation on tenant rights to prevent displacement. Workshop serving 25 households Quarterly, from 2023 thru 2025 5.2 Senior Housing & Services Agency: CDD Funding: GenFund • a. Seek and attract residential developers to provide, build, and expand the City's affordable and market rate housing for seniors. Contact 2 developers Annually • b. Sponsor and provide physical, social, health, and other support services for senior residents at senior centers and other sites. Activities per PRSD Annually • c. Maintain the housing security of seniors through preservation of affordable housing, rent stabilization, housing assistance, etc. 51 senior rental units preserved By 2027 5.3 Housing -Services for Disabled Residents Agency: CDD PRCS Funding: GenFund Grants • a. Continue to ensure compliance with all building accessibility codes. Prepare an inter-departmental letter directing compliance with state law until ordinance is updated. • b. Review state and federal laws on reasonable modifications and accommodations and revise City ordinance to address definitions, request procedures, interactive process, necessity of request, and approval and denial reasons, etc. Department issued letter clarification Code Review CodeRevision Mid 2024 End 2025 End 2026 • b. Implement the City’s Self-Evaluation and Transition Plan to ensure accessibility to City streets, facilities, and public services. CIP projects 2021-2029 • c. Update Development Code regarding residential care facilities consistent with state requirements (Health & Safety Code §1502. SBMC Revision Within a year of HE adoption • d. Support efforts to provide community, social and recreation services to people with physical, mental, and developmental disabilities. Activities per PRSD Annual Packet Page. 1414 Housing Plan City of San Bernardino General Plan – Housing Element 7-39 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING 5.4 Housing for Students Agency: CDD • Support local college and university efforts to explore development of on- and off-site housing for their students and faculty. Support Applications As projects proposed Funding: Grants, GenFund • b. Work with SBVC to facilitate student housing through the entitlement process--expediting rezoning, development entitlements, or supporting funding applications Rezone site Grant support Issue permits As projects proposed 5.5 Housing for Families Agency: CDD • a. Seek and attract residential developers to provide, build, and expand the City's affordable and market rate housing for families. Contact 2 developers Annually Funding: Grants, HUD • b. Sponsor and provide physical, social, health, and other support services for families and children at community centers Activities per PRSD Annual • c. Maintain the housing security of families through preservation of affordable housing, rent stabilization, housing assistance, etc. See Programs 4.1–4.3 See Programs 4.1–4.3 5.6 Homeless Services Agency: CDD PWD • a. Convene a Homeless Task Force to review implementation of the City's Homeless Action Plan and the expenditure of $20 million in ARPA funds to finance the plan. Convene Task Force TBD • b. Partner with County, for-profit, and nonprofit agencies to provide a comprehensive continuum of services to people who are homeless or residing temporarily in shelters. SBMC Revision Within a year of HE adoption Funding: ARPA HOME ESG GenFund • c. Provide a street outreach team to assist homeless people, direct them to services, and address issues with encampments. Periodic Consult Ongoing • d. Provide street outreach team to assist homeless people, direct them to services, and address issues with encampments. Service Contacts Weekly/ Monthly • e. Complete the following projects: + LSS multiservice campus + USVETS permanent supportive housing + HOPE Navigation Center Campus + Salvation Army shelter expansion Complete projects Jun 2025 Jun 2025 Sep 2025 End 2026 f. Work with the County to provide accurate counts of homeless people to document the need for services and success of City programs. Accurate count Biennial Packet Page. 1415 Housing Plan 7-40 January 2024 Table 7-1 Program Summary, 2021–2029 Planning Period PROGRAM AGENCY /FUND PROGRAM SPECIFICS AND PROGRESS 8-YEAR OBJECTIVES METRIC TIMING • g. Amend SBMC's definition for transitional and supportive housing and permit by right in all zones allowing residential uses, and allow low barrier navigation centers as a by-right use in all zones allowing residential and mixed uses, per Gov't Code § 65583(c)(3) and § 65660. Code Revision SBMC Revision • h. Revise municipal code provisions for a security and management plan for emergency shelters in compliance with the Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino. SBMC Revision Within a year of HE adoption • i. Make code revisions needed to address AB 2339 and revise the emergency shelter overlay site to remove infeasible sites and include additional sites as warranted. SBMC Revision Within a year of HE adoption 5.7 Housing Mobility Agency: CDD HASC • a. Facilitate and approve ADU applications in the Northwest San Bernardino 25 annually Annual • b. Surplus up to 113 parcels in Northwest San Bernardino for affordable single-family housing Surplus 113 lots 2024-2025 Funding: GenFund HUD • c. Affirmatively market vouchers to apartment properties in Northwest San Bernardino Distribute fliers to 16 properties 2024 and 2025 • d. Work with HASC to preserve affordable housing at risk of conversion to market rents within NW San Bernardino 10 – unit Kendall Apts 1-yr before conversion 5.8 Place-Based Initiative Agency: CDD; PWD; PD SBMWD Funding: Grants; Cityfunds • a. Complete comprehensive community building investments in the Central/Downtown and Westside (see Tables 5-23 and 5-24). For project metrics and timeframes, see programs listed in the Housing Plan. • b. Continue to seek grants and engage with nonprofit and for-profit organizations to assist in implementing community building initiatives. Apply for up to 6 grants Annual Source: 2021-2029 Housing Element Note: ‘The City will track program progress annually through the Annual Performance Report (APR). Packet Page. 1416 Housing Plan City of San Bernardino General Plan – Housing Element 7-41 7.3 QUANTIFIED OBJECTIVES Government Code Section 65583(b) requires the Housing Element to establish quantified objectives for the maximum number of housing units that can be constructed, rehabilitated, and conserved over an eight-year time frame. However, if the total housing needs exceed available resources and the ability of a city to satisfy this need, the quantified objectives need not be identical to the total housing needs, as allowed by State law. Three quantified objectives are defined and addressed: • Housing Construction. The construction objective refers to the number of units that may be built during the 2021-2029 Housing Element period, given San Bernardino’s land resources, potential constraints, and proposed housing programs. The City has sufficient vacant and underutilized land for housing, and therefore can accommodate the RHNA. • Housing Rehabilitation. This objective sets the number of units expected to be rehabilitated with City assistance during the 2021-2029 period. The City’s housing rehabilitation objective is based on the anticipated amount of funding and historical number of loans extended to lower income homeowners in San Bernardino. Additional rehabilitation will take place in the community but will be funded through conventional or FHA-subsidized loans. • Housing Preservation. This objective refers to the preservation of public subsidized affordable units that will be at risk of converting to market rents by 2031. The City’s housing conservation/preservation objective is based on the estimated resources, dates for expiration of covenants on apartment properties, and number of affordable units at risk. Table 7-2 shows the City’s quantified objectives for this Housing Element cycle. Table 7-2 Housing Element Quantified Objectives ACTIVITY INCOME LEVEL EXTREME LOW VERY LOW LOW MODERATE ABOVE New Construction 708 707 1,097 1,448 4,163 Housing Rehabilitation 24 4 -0- -0- -0- Housing Preservation 685 -0- -0- Total 3,225 1,448 4,163 Sources: City of San Bernardino, 2023 Packet Page. 1417 Housing Plan 7-42 January 2024 This page intentionally left blank. Packet Page. 1418 1 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity 626 W 11th St 92410 0140-031-44-0000 MFR RM 0 12 0.34 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 0 686 W 8th St 92410 0140-201-19-0000 MFR RM 0 12 0.36 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 0 1781 N Fairfax Dr 92404 0147-224-17-0000 MFR RM 0 12 0.44 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 0 1812 Conejo Dr 92404 0147-251-05-0000 MFR RM 0 12 0.39 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 0 2449 E 5th St 92346 1192-311-06-0000 MFR RM 0 12 0.34 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 0 5th Street & Victoria Avenu 92346 1192-301-05-0000 MFR RM 0 12 0.37 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 0 5th Street & Victoria Avenu 92346 1192-301-12-0000 MFR RM 0 12 0.42 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 0 5th Street & Victoria Avenu 92346 1192-321-02-0000 MFR RM 0 12 0.37 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 3 0 2449 E 5th St 92346 1192-311-07-0000 MFR RM 0 12 0.40 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 0 998 N G St 92410 0140-134-01-0000 MFR RM 0 12 0.93 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 9 0 634 W 11th St 92410 0140-031-49-0000 MFR RM 0 12 0.87 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 9 0 824 N F St 92410 0140-201-38-0000 MFR RM 0 12 0.51 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 0 860 N F St 92410 0140-201-33-0000 MFR RM 0 12 2.04 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 21 0 686 W 8th St 92410 0140-201-18-0000 MFR RM 0 12 0.47 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 0 142 W 9th St 92401 0140-162-38-0000 MFR RM 0 12 0.51 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 0 843 W Temple St 92410 0140-132-40-0000 MFR RM 0 12 0.88 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 9 0 2226 Foothill Blvd 92410 0142-041-45-0000 MFR RM 0 12 0.63 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 0 1795 W Highland Ave 92411 0143-191-66-0000 MFR RM 0 12 2.68 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 28 0 Foothill Blvd and Terrace R 92410 0142-041-52-0000 MFR RM 0 12 3.99 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 42 0 648 W 13th St 92405 0145-201-53-0000 MFR RM 0 12 0.90 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 9 0 749 W 16th St 92405 0145-161-06-0000 MFR RM 0 12 0.86 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 9 0 772 Magnolia Ave 92405 0145-152-06-0000 MFR RM 0 12 0.62 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 0 1585 N H St 92405 0145-152-05-0000 MFR RM 0 12 0.62 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 0 1396 Hillside Dr 92404 0147-224-06-0000 MFR RM 0 12 0.67 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 7 0 5660 Dogwood St 92404 0155-102-03-0000 MFR RM 0 12 1.61 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 17 0 5690 Dogwood St 92404 0155-102-04-0000 MFR RM 0 12 1.70 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 18 0 1550 E Marshall Blvd 92404 0155-581-63-0000 MFR RM 0 12 1.46 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 15 0 1564 Pumalo St 92404 0272-192-22-0000 MFR RM 0 12 1.15 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 12 0 755 E 9th St 92410 0278-191-21-0000 MFR RM 0 12 0.57 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 0 1054 Conejo Dr 92410 0278-063-23-0000 MFR RM 0 12 7.58 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 80 0 2449 E 5th St 92346 1192-311-09-0000 MFR RM 0 12 0.50 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 0 2449 E 5th St 92346 1192-311-12-0000 MFR RM 0 12 1.49 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 15 0 2414 3rd St 92346 1192-311-10-0000 MFR RM 0 12 0.90 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 9 0 2449 E 5th St 92346 1192-311-08-0000 MFR RM 0 12 0.50 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 5 0 2414 3rd St 92346 1192-311-05-0000 MFR RM 0 12 0.90 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 9 0 3663 Highland Ave 92346 1200-021-02-0000 MFR RM 0 12 3.46 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 36 0 3605 Highland Ave 92346 1200-021-01-0000 MFR RM 0 12 0.94 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 9 0 3795 Atlantic Ave 92346 1200-181-03-0000 MFR RM 0 12 2.37 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 25 0 5th Street & Victoria Avenu 92346 1192-321-05-0000 MFR RM 0 12 2.76 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 29 0 5th Street & Victoria Avenu 92346 1192-301-11-0000 MFR RM 0 12 0.80 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 8 0 2449 E 5th St 92346 1192-301-10-0000 MFR RM 0 12 1.35 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 14 0 5th Street & Victoria Avenu 92346 1192-321-04-0000 MFR RM 0 12 1.14 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 12 0 5th Street & Victoria Avenu 92346 1192-301-02-0000 MFR RM 0 12 3.79 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 40 0 5th Street & Victoria Avenu 92346 1192-301-01-0000 MFR RM 0 12 4.99 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 52 0 5th Street & Victoria Avenu 92346 1192-291-24-0000 MFR RM 0 12 0.73 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 7 0 5th Street & Victoria Avenu 92346 1192-301-04-0000 MFR RM 0 12 4.58 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 48 0 5th Street & Victoria Avenu 92346 1192-301-07-0000 MFR RM 0 12 0.69 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 7 0 5th Street & Victoria Avenu 92346 1192-301-06-0000 MFR RM 0 12 1.25 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 13 0 5th Street & Victoria Avenu 92346 1192-321-03-0000 MFR RM 0 12 0.47 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 4 0 Packet Page. 1419 2 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity 2449 E 5th St 92346 1192-321-01-0000 MFR RM 0 12 4.21 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 44 0 2449 E 5th St 92346 1192-311-11-0000 MFR RM 0 12 0.60 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 6 0 1383 E Davidson St 92408 0281-142-02-0000 MFR RM 0 12 0.24 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 2 0 1123 Barton St 92410 0278-041-66-0000 SP RM 0 12 14.53 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 154 1155 Barton St 92410 0278-041-41-0000 SP RM 0 12 1.41 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 14 1066 N Tippecanoe Ave 92410 0278-051-08-0000 SP RM 0 12 4.44 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 47 405 Arrowhead Rd 92404 0270-093-23-0000 MFR RE 0 1 3.36 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3307 Valencia Ave 92404 0153-391-12-0000 SFR RE 0 1 1.23 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 857 Bernard Way 92404 0153-381-03-0000 SFR RE 0 1 3.30 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3054 Jo An Dr 92407 0261-191-32-0000 SFR RE 0 1 2.41 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3727 W Meyers Rd 92407 0261-121-10-0000 SFR RE 0 1 11.11 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 9 3777 Belmont Ave 92407 0261-131-01-0000 SFR RE 0 1 2.27 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 757 Arrowhead Rd 92404 0270-101-10-0000 SFR RE 0 1 4.59 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 4351 W Meyers Rd 92407 0348-101-74-0000 SFR RE 0 1 12.00 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 10 3770 Belmont Ave 92407 0348-111-22-0000 SFR RE 0 1 1.49 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3766 Belmont Ave 92407 0348-111-19-0000 SFR RE 0 1 1.36 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 4155 W Meyers Rd 92407 0348-101-71-0000 SFR RE 0 1 5.02 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 4155 W Meyers Rd 92407 0348-101-68-0000 SFR RE 0 1 5.01 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 4351 W Meyers Rd 92407 0348-101-75-0000 SFR RE 0 1 10.00 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 8 4151 W Meyers Rd 92407 0348-101-10-0000 SFR RE 0 1 12.68 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 11 4151 W Meyers Rd 92407 0348-101-69-0000 SFR RE 0 1 7.71 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 4107 W Meyers Rd 92407 0348-101-60-0000 SFR RE 0 1 2.96 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3905 W Meyers Rd 92407 0348-111-34-0000 SFR RE 0 1 12.06 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 10 3905 W Meyers Rd 92407 0348-111-45-0000 SFR RE 0 1 2.46 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 8150 Cable Canyon Rd 92407 0348-081-20-0000 SFR RE 0 1 32.27 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 28 8154 Cable Canyon Rd 92407 0348-081-30-0000 SFR RE 0 1 97.84 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 86 3911 W Meyers Rd 92407 0348-111-39-0000 SFR RE 0 1 2.41 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 Ohio Ave and Little Leagu 92407 0348-111-51-0000 SFR RE 0 1 24.83 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 21 3761 W Meyers Rd 92407 0348-111-16-0000 SFR RE 0 1 12.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 10 7902 Cable Canyon Rd 92407 0348-081-21-0000 SFR RE 0 1 1.43 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 18600 Grandview Ave 92407 0348-081-05-0000 SFR RE 0 1 24.54 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 21 Ohio Ave and Little Leagu 92407 0348-111-52-0000 SFR RE 0 1 3.85 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 1627 Cable Canyon Rd 92407 0348-101-22-0000 SFR RE 0 1 37.43 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 33 1660 Cable Ln 92407 0348-101-19-0000 SFR RE 0 1 25.98 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 22 1701 Martin Ranch Rd 92407 0348-101-76-0000 SFR RE 0 1 4.96 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 4455 W Meyers Rd 92407 0348-101-63-0000 SFR RE 0 1 5.00 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 7585 W Meyers Rd 92407 0348-101-77-0000 SFR RE 0 1 15.55 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 13 4445 W Meyers Rd 92407 0348-101-66-0000 SFR RE 0 1 3.28 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 4351 W Meyers Rd 92407 0348-101-64-0000 SFR RE 0 1 10.08 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 8 4351 W Meyers Rd 92407 0348-101-65-0000 SFR RE 0 1 4.31 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 4165 W Meyers Rd 92407 0348-101-12-0000 SFR RE 0 1 26.17 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 23 7454 W Meyers Rd 92407 0348-101-42-0000 SFR RE 0 1 2.68 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1445 E Highland Ave 92404 0147-271-24-0000 SFR RL 0 3.5 0.40 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 5398 Leroy St 92404 0154-051-12-0000 SFR RL 0 3.5 0.40 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 4155 Mountain Ave 92404 0155-013-36-0000 SFR RL 0 3.5 0.43 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1640 Bonita Vista Dr 92404 0155-271-27-0000 SFR RL 0 3.5 0.45 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1640 Bonita Vista Dr 92404 0155-271-30-0000 SFR RL 0 3.5 0.40 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3808 Osbun Rd 92404 0155-251-26-0000 SFR RL 0 3.5 0.46 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3772 Elm Ave 92404 0155-251-23-0000 SFR RL 0 3.5 0.45 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 Packet Page. 1420 3 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity 2822 Shepherd Ln 92407 0261-152-28-0000 SFR RL 0 3.5 0.45 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2798 Shepherd Ln 92407 0261-152-41-0000 SFR RL 0 3.5 0.45 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 6899 Caitlin St 92407 0261-611-55-0000 SFR RL 0 3.5 0.40 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 6899 Caitlin St 92407 0261-611-56-0000 SFR RL 0 3.5 0.42 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 6070 US Highway 18 92404 0270-051-39-0000 SFR RL 0 3.5 0.40 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1966 Del Rosa Ave 92404 0147-271-23-0000 SFR RL 0 3.5 2.58 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 1499 E Highland Ave 92404 0147-271-22-0000 SFR RL 0 3.5 1.86 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 6578 Monte Vista Dr 92404 0147-271-03-0000 SFR RL 0 3.5 1.72 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 6572 Monte Vista Dr 92404 0147-271-25-0000 SFR RL 0 3.5 2.81 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 8 880 Vista Dr 92405 0151-031-19-0000 SFR RL 0 3.5 1.51 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 5398 Wall Ave 92404 0154-041-02-0000 SFR RL 0 3.5 4.83 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 14 5394 Wall Ave 92404 0154-041-03-0000 SFR RL 0 3.5 3.51 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 10 5830 N Mountain View Av 92407 0154-011-76-0000 SFR RL 0 3.5 38.94 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 120 4444 Quail Canyon Rd 92404 0155-013-56-0000 SFR RL 0 3.5 0.52 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 4444 Quail Canyon Rd 92404 0155-013-57-0000 SFR RL 0 3.5 1.11 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 4191 Mountain Ave 92404 0155-013-01-0000 SFR RL 0 3.5 1.20 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 1419 Quail Ct 92404 0155-013-02-0000 SFR RL 0 3.5 0.51 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 4191 Mountain Ave 92404 0155-013-41-0000 SFR RL 0 3.5 0.97 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 4196 Mountain Ave 92404 0155-013-48-0000 SFR RL 0 3.5 1.25 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 4190 Quail Canyon Rd 92404 0155-013-13-0000 SFR RL 0 3.5 1.13 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 4213 Camellia Dr 92404 0155-013-61-0000 SFR RL 0 3.5 0.96 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 4051 Shahen Dr 92404 0155-013-16-0000 SFR RL 0 3.5 0.98 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 4001 Mountain Ave 92404 0155-013-28-0000 SFR RL 0 3.5 1.92 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 4072 Shahen Dr 92404 0155-013-23-0000 SFR RL 0 3.5 0.74 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1525 Bonita Vista Dr 92404 0155-021-13-0000 SFR RL 0 3.5 1.24 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 1817 Sonora Ave 92404 0155-372-58-0000 SFR RL 0 3.5 47.17 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 145 4007 Quail Canyon Rd 92404 0155-271-21-0000 SFR RL 0 3.5 0.55 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 4101 Quail Canyon Rd 92404 0155-271-05-0000 SFR RL 0 3.5 0.62 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 4007 Quail Canyon Rd 92404 0155-271-22-0000 SFR RL 0 3.5 0.93 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 4003 Quail Canyon Rd 92404 0155-271-43-0000 SFR RL 0 3.5 0.73 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3994 LA Hacienda Dr 92404 0155-021-12-0000 SFR RL 0 3.5 1.65 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 4995 David Way 92404 0155-491-01-0000 SFR RL 0 3.5 7.82 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 24 1200 Ponderosa Dr 92404 0155-321-24-0000 SFR RL 0 3.5 3.39 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 10 5055 David Way 92404 0155-482-23-0000 SFR RL 0 3.5 2.14 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 1127 Ponderosa Dr 92404 0155-501-02-0000 SFR RL 0 3.5 9.40 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 29 4595 David Way 92404 0155-471-18-0000 SFR RL 0 3.5 1.05 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 1155 Rankins Ln 92404 0155-321-45-0000 SFR RL 0 3.5 5.10 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 15 1114 Ponderosa Dr 92404 0155-511-18-0000 SFR RL 0 3.5 0.50 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 Quail Canyon Road 92404 0155-011-13-0000 SFR RL 0 3.5 6.15 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 19 Quail Canyon Road 92404 0155-011-14-0000 SFR RL 0 3.5 0.95 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3885 Osbun Rd 92404 0155-251-27-0000 SFR RL 0 3.5 0.73 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1788 Belmont Ln 92404 0155-131-24-0000 SFR RL 0 3.5 0.95 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3720 Hemlock Dr 92404 0155-543-09-0000 SFR RL 0 3.5 0.59 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3709 Hemlock Dr 92404 0155-531-08-0000 SFR RL 0 3.5 0.74 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3695 Juniper Dr 92404 0155-401-09-0000 SFR RL 0 3.5 1.11 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 3635 Juniper Dr 92404 0155-401-08-0000 SFR RL 0 3.5 1.67 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 2424 Willow Dr 92404 0155-531-25-0000 SFR RL 0 3.5 8.36 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 25 3818 Osbun Rd 92404 0155-251-22-0000 SFR RL 0 3.5 0.78 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3885 Osbun Rd 92404 0155-251-19-0000 SFR RL 0 3.5 0.80 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 Packet Page. 1421 4 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity 3777 Del Rosa Ave 92404 0155-121-31-0000 SFR RL 0 3.5 0.62 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3775 Del Rosa Ave 92404 0155-121-40-0000 SFR RL 0 3.5 0.51 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1631 Echo Dr 92404 0155-121-35-0000 SFR RL 0 3.5 0.53 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3818 Osbun Rd 92404 0155-251-24-0000 SFR RL 0 3.5 1.44 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 3775 Del Rosa Ave 92404 0155-121-39-0000 SFR RL 0 3.5 0.68 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1696 Mesa Verde Ave 92404 0155-121-43-0000 SFR RL 0 3.5 0.90 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3773 Del Rosa Ave 92404 0155-121-09-0000 SFR RL 0 3.5 0.91 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1685 Echo Dr 92404 0155-251-21-0000 SFR RL 0 3.5 0.59 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 6204 Woodpine Ave 92407 0261-152-39-0000 SFR RL 0 3.5 1.05 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 2773 Belmont Ave 92407 0261-152-46-0000 SFR RL 0 3.5 0.52 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 6265 Olive Ave 92407 0261-152-36-0000 SFR RL 0 3.5 1.00 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 2880 Irvington Ave 92407 0261-152-38-0000 SFR RL 0 3.5 1.05 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 6840 N Escena St 92407 0261-041-18-0000 SFR RL 0 3.5 3.33 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 10 6874 Palm Ave 92407 0261-011-09-0000 SFR RL 0 3.5 4.21 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 13 3505 W Poppet St 92407 0261-062-12-0000 SFR RL 0 3.5 2.57 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 3044 Ohio Ave 92407 0261-041-21-0000 SFR RL 0 3.5 1.40 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 6889 N Curtis Ln 92407 0261-062-16-0000 SFR RL 0 3.5 5.00 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 15 2918 W Garfield St 92407 0261-041-02-0000 SFR RL 0 3.5 5.02 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 15 6899 Caitlin St 92407 0261-611-54-0000 SFR RL 0 3.5 0.47 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3455 W Poppet St 92407 0261-062-11-0000 SFR RL 0 3.5 2.50 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 6867 N Curtis Ln 92407 0261-062-15-0000 SFR RL 0 3.5 4.68 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 14 6971 N Melvin Ave 92407 0261-021-34-0000 SFR RL 0 3.5 0.92 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 6874 Palm Ave 92407 0261-011-13-0000 SFR RL 0 3.5 7.55 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 23 6840 N Escena St 92407 0261-041-22-0000 SFR RL 0 3.5 1.40 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 2934 W Garfield St 92407 0261-011-03-0000 SFR RL 0 3.5 7.65 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 23 3124 W Garfield St 92407 0261-011-02-0000 SFR RL 0 3.5 2.45 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 3124 W Garfield St 92407 0261-032-04-0000 SFR RL 0 3.5 5.95 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 18 6922 N Shay Ave 92407 0261-062-13-0000 SFR RL 0 3.5 2.58 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 6874 Palm Ave 92407 0261-011-14-0000 SFR RL 0 3.5 0.93 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 6908 N Curtis Ln 92407 0261-062-14-0000 SFR RL 0 3.5 2.51 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 6824 Palm Ave 92407 0261-041-24-0000 SFR RL 0 3.5 1.00 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 6060 US Highway 18 92404 0270-051-35-0000 SFR RL 0 3.5 4.80 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 14 6080 US Highway 18 92404 0270-051-24-0000 SFR RL 0 3.5 2.30 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 6080 US Highway 18 92404 0270-051-28-0000 SFR RL 0 3.5 0.75 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 6060 US Highway 18 92404 0270-051-40-0000 SFR RL 0 3.5 10.15 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 31 6080 US Highway 18 92404 0270-051-26-0000 SFR RL 0 3.5 3.94 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 12 Rim of the World Drive 92407 0270-051-37-0000 SFR RL 0 3.5 17.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 53 6080 US Highway 18 92404 0270-051-27-0000 SFR RL 0 3.5 10.55 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 32 5385 Park Ln 92404 0270-101-01-0000 SFR RL 0 3.5 3.87 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 11 5385 Park Ln 92404 0270-091-01-0000 SFR RL 0 3.5 10.96 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 33 5385 Park Ln 92404 0270-091-07-0000 SFR RL 0 3.5 4.51 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 13 5385 Park Ln 92404 0270-091-05-0000 SFR RL 0 3.5 2.35 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 W Meyers Road 92407 0348-111-11-0000 SFR RL 0 3.5 3.52 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 10 3676 W Meyers Rd 92407 0348-111-20-0000 SFR RL 0 3.5 12.01 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 37 4488 Frontage Rd 92407 0348-142-12-0000 SFR RL 0 3.5 2.20 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 4455 W Meyers Rd 92407 0348-081-22-0000 SFR RL 0 3.5 2.07 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 7677 Cable Canyon Rd 92407 0348-081-23-0000 SFR RL 0 3.5 11.96 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 37 City Creek Road 92404 1199-341-31-0000 SFR RL 0 3.5 0.68 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3714 Palm Crest Dr 92346 1199-011-01-0000 SFR RL 0 3.5 43.29 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 133 Packet Page. 1422 5 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity City Creek Road 92404 1199-331-05-0000 SFR RL 0 3.5 4.17 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 12 3898 28th St 92346 1199-131-32-0000 SFR RL 0 3.5 11.84 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 36 6555 Devils Canyon Rd 92407 0151-241-14-0000 SP RL 0 3.5 9.95 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 30 302 W 59th St 92407 0154-011-39-0000 SP RL 0 3.5 37.17 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 115 5956 N Acacia Ct 92407 0154-011-78-0000 SP RL 0 3.5 2.30 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 2102 E Foothill Dr 92404 0155-381-45-0000 SFR RL 0 3.5 8.61 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 26 5936 N Acacia Ct 92407 0270-051-42-0000 SP RL 0 3.5 5.17 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 16 498 W 59th St 92407 0270-051-41-0000 SP RL 0 3.5 5.02 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 15 498 W 59th St 92407 0270-051-15-0000 SP RL 0 3.5 3.55 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 10 457 Aries Ln 92407 0270-051-20-0000 SP RL 0 3.5 0.72 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 7077 Magnolia Ave 92407 0348-121-28-0000 SFR RL 0 3.5 27.90 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 86 7077 Magnolia Ave 92407 0348-121-27-0000 SFR RL 0 3.5 24.32 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 75 7129 Little League Dr 92407 0348-121-14-0000 SFR RL 0 3.5 38.06 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 117 1271 W Rialto Ave 92410 0137-021-10-0000 SFR RS 0 4.5 0.41 YES - PotenYES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 188 S I St 92410 0137-091-31-0000 SFR RS 0 4.5 0.35 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 669 Harris St 92411 0138-072-38-0000 SFR RS 0 4.5 0.34 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2249 Walnut St 92410 0142-731-45-0000 SFR RS 0 4.5 0.35 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 713 S Meridian Ave 92410 0142-651-68-0000 SFR RS 0 4.5 0.40 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1795 Home Ave 92411 0143-271-32-0000 SFR RS 0 4.5 0.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1815 W 13th St 92411 0143-161-21-0000 SFR RS 0 4.5 0.41 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1130 W 17th St 92411 0144-081-33-0000 SFR RS 0 4.5 0.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1717 Massachusetts Ave 92411 0144-091-02-0000 SFR RS 0 4.5 0.46 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1962 Turrill Ave 92411 0144-051-12-0000 SFR RS 0 4.5 0.35 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1638 Harris St 92411 0144-131-50-0000 SFR RS 0 4.5 0.36 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2877 Ladera Rd 92405 0148-082-10-0000 SFR RS 0 4.5 0.42 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 644 W 29th St 92405 0149-032-69-0000 SFR RS 0 4.5 0.41 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3377 Beverly Dr 92405 0151-031-27-0000 SFR RS 0 4.5 0.44 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3521 Litras Dr 92405 0152-041-54-0000 SFR RS 0 4.5 0.37 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 861 Glendenning Way 92404 0153-372-03-0000 SFR RS 0 4.5 0.37 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 263 E Hill Dr 92404 0154-073-05-0000 SFR RS 0 4.5 0.36 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 177 Pinehurst Ct 92407 0154-031-14-0000 SFR RS 0 4.5 0.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 4195 Ferndale Ave 92404 0155-311-06-0000 SFR RS 0 4.5 0.36 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1127 Ponderosa Dr 92404 0155-511-08-0000 SFR RS 0 4.5 0.36 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3869 Valencia Ave 92404 0154-552-16-0000 SFR RS 0 4.5 0.36 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2926 Park Ave 92404 0155-161-46-0000 SFR RS 0 4.5 0.34 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2460 Harrison St 92404 0155-241-03-0000 SFR RS 0 4.5 0.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1551 E Marshall Blvd 92404 0155-111-04-0000 SFR RS 0 4.5 0.35 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3735 LA Hacienda Dr 92404 0155-063-03-0000 SFR RS 0 4.5 0.45 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2281 W Washington Ave 92411 0269-031-08-0000 SFR RS 0 4.5 0.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2281 W Washington Ave 92411 0269-031-06-0000 SFR RS 0 4.5 0.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2281 W Washington Ave 92411 0269-031-05-0000 SFR RS 0 4.5 0.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2281 W Washington Ave 92411 0269-031-04-0000 SFR RS 0 4.5 0.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2064 N Macy St 92411 0269-031-14-0000 SFR RS 0 4.5 0.34 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2051 N Macy St 92411 0269-051-35-0000 SFR RS 0 4.5 0.34 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2122 W Lincoln Ave 92411 0269-051-21-0000 SFR RS 0 4.5 0.42 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3517 Piedmont Dr 92346 0285-601-23-0000 SFR RS 0 4.5 0.33 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3517 Piedmont Dr 92346 0285-601-24-0000 SFR RS 0 4.5 0.39 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2303 Orange St 92346 0285-211-12-0000 SFR RS 0 4.5 0.38 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2879 Cole Ave 92346 0285-235-07-0000 SFR RS 0 4.5 0.40 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 Packet Page. 1423 6 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity 2828 Palm Ave 92346 0285-235-05-0000 SFR RS 0 4.5 0.35 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1595 Valaria Dr 92346 1191-211-03-0000 SFR RS 0 4.5 0.42 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 133 Julia St 92408 0136-231-01-0000 SFR RS 0 4.5 0.56 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 238 S Allen St 92408 0136-231-20-0000 SFR RS 0 4.5 0.48 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 142 E Cluster St 92408 0136-231-25-0000 SFR RS 0 4.5 0.48 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 Inland Center Drive & 215 92408 0136-521-11-0000 SFR RS 0 4.5 6.34 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 25 540 Flores St 92411 0138-081-20-0000 SFR RS 0 4.5 0.92 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 641 Roberds Ave 92411 0138-041-25-0000 SFR RS 0 4.5 0.69 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1067 Spruce St 92411 0138-132-37-0000 SFR RS 0 4.5 0.86 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 1835 W 9th St 92411 0139-341-09-0000 SFR RS 0 4.5 0.81 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 1864 Cleveland St 92411 0139-341-19-0000 SFR RS 0 4.5 3.84 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 15 1903 W 9th St 92411 0139-341-01-0000 SFR RS 0 4.5 0.90 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 1248 W 10th St 92411 0139-113-47-0000 SFR RS 0 4.5 1.06 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 1429 W King St 92410 0138-282-08-0000 SFR RS 0 4.5 0.91 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 732 Garcia St 92411 0139-331-04-0000 SFR RS 0 4.5 0.58 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1754 Cleveland St 92411 0139-324-01-0000 SFR RS 0 4.5 0.70 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1834 Cleveland St 92411 0139-341-13-0000 SFR RS 0 4.5 0.76 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 760 S I St 92410 0141-231-03-0000 SFR RS 0 4.5 1.97 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 198 N Macy St 92410 0142-071-42-0000 SFR RS 0 4.5 11.26 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 44 567 S Sutter Ave 92410 0142-191-13-0000 SFR RS 0 4.5 1.83 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 2250 W Mill St 92324 0142-201-02-0000 SFR RS 0 4.5 1.93 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 7 505 S Pepper Ave 92376 0142-181-24-0000 SFR RS 0 4.5 2.36 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 9 507 S Pepper Ave 92376 0142-181-12-0000 SFR RS 0 4.5 2.46 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 9 496 S Meridian Ave 92376 0142-511-23-0000 SFR RS 0 4.5 1.10 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 496 S Meridian Ave 92376 0142-511-22-0000 SFR RS 0 4.5 1.69 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 1424 W 21st St 92411 0143-022-30-0000 SFR RS 0 4.5 0.50 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 674 S Sutter Ave 92410 0142-651-62-0000 SFR RS 0 4.5 1.67 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 727 S Meridian Ave 92410 0142-651-70-0000 SFR RS 0 4.5 0.48 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1920 Garner Ave 92411 0144-061-14-0000 SFR RS 0 4.5 0.69 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1186 W 19th St 92411 0144-061-07-0000 SFR RS 0 4.5 1.17 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 1186 W 19th St 92411 0144-061-13-0000 SFR RS 0 4.5 0.50 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1368 N Arrowhead Ave 92405 0145-212-34-0000 SFR RS 0 4.5 0.50 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 D Street and 27th Street 92405 0149-124-16-0000 SFR RS 0 4.5 1.42 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 2472 N Sierra Way 92405 0150-221-73-0000 SFR RS 0 4.5 0.58 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3500 Hillhurst Dr 92405 0151-041-72-0000 SFR RS 0 4.5 0.73 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3500 Hillhurst Dr 92405 0151-021-12-0000 SFR RS 0 4.5 0.98 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 879 El Camino Rd 92405 0151-011-01-0000 SFR RS 0 4.5 0.74 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3519 N G St 92405 0151-161-33-0000 SFR RS 0 4.5 0.57 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3500 Hillhurst Dr 92405 0151-041-10-0000 SFR RS 0 4.5 0.51 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3489 Circle Rd 92405 0151-161-32-0000 SFR RS 0 4.5 0.97 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 879 El Camino Rd 92405 0151-041-33-0000 SFR RS 0 4.5 0.46 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 980 W Edgehill Rd 92405 0151-081-01-0000 SFR RS 0 4.5 1.03 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 3498 N F St 92405 0152-041-75-0000 SFR RS 0 4.5 0.49 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3490 Litras Dr 92405 0152-041-74-0000 SFR RS 0 4.5 1.02 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 3669 Valencia Ave 92404 0153-151-45-0000 SFR RS 0 4.5 0.66 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 860 Bernard Way 92404 0153-372-08-0000 SFR RS 0 4.5 0.89 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 259 E 52nd St 92404 0154-103-30-0000 SFR RS 0 4.5 1.71 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 3795 LA Hacienda Dr 92404 0155-063-08-0000 SFR RS 0 4.5 0.64 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1430 Yucca Dr 92404 0155-051-01-0000 SFR RS 0 4.5 0.54 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 Packet Page. 1424 7 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity 1530 E Date St 92404 0272-131-12-0000 SFR RS 0 4.5 0.74 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 2171 W Lincoln Ave 92411 0269-111-02-0000 SFR RS 0 4.5 1.14 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 1797 N Macy St 92411 0269-111-01-0000 SFR RS 0 4.5 1.14 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 2320 N Pennsylvania Ave 92407 0268-481-18-0000 SFR RS 0 4.5 1.72 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 2328 N Pennsylvania Ave 92407 0268-481-17-0000 SFR RS 0 4.5 2.82 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 11 2137 Roosevelt Ave 92411 0269-121-04-0000 SFR RS 0 4.5 1.14 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 2258 W Evans St 92411 0269-121-03-0000 SFR RS 0 4.5 1.14 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 2276 W Evans St 92411 0269-121-02-0000 SFR RS 0 4.5 1.14 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 2185 Roosevelt Ave 92411 0269-121-01-0000 SFR RS 0 4.5 1.08 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 2281 W Washington Ave 92411 0269-031-03-0000 SFR RS 0 4.5 0.88 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 2138 W Lincoln Ave 92411 0269-051-44-0000 SFR RS 0 4.5 0.57 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 2138 W Lincoln Ave 92411 0269-051-25-0000 SFR RS 0 4.5 1.14 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 2174 W Lincoln Ave 92411 0269-051-26-0000 SFR RS 0 4.5 1.14 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 2122 Roosevelt Ave 92411 0269-111-09-0000 SFR RS 0 4.5 1.59 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 1920 Mallory St 92407 0268-221-19-0000 SFR RS 0 4.5 0.72 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1920 Mallory St 92407 0268-221-20-0000 SFR RS 0 4.5 0.62 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 2248 W Lincoln Ave 92411 0269-031-35-0000 SFR RS 0 4.5 0.50 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2132 Roosevelt Ave 92411 0269-111-28-0000 SFR RS 0 4.5 0.83 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 2174 Roosevelt Ave 92411 0269-111-14-0000 SFR RS 0 4.5 1.14 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 2184 Roosevelt Ave 92411 0269-111-15-0000 SFR RS 0 4.5 1.14 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 3083 Pepper St 92346 0285-103-42-0000 SFR RS 0 4.5 1.30 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 Holly Circle Drive 92346 0285-201-46-0000 SFR RS 0 4.5 1.36 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 6159 Argyle Ave 92404 0285-161-12-0000 SFR RS 0 4.5 1.34 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 3494 Oleander Dr 92346 0285-601-25-0000 SFR RS 0 4.5 0.61 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 2588 Baldridge Canyon D 92346 0285-601-26-0000 SFR RS 0 4.5 0.47 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2670 Pacific St 92346 1191-141-38-0000 SFR RS 0 4.5 0.92 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 2670 Pacific St 92346 1191-141-40-0000 SFR RS 0 4.5 1.57 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 2637 Amanda St 92346 1191-231-47-0000 SFR RS 0 4.5 2.28 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 9 2541 Amanda St 92346 1191-201-05-0000 SFR RS 0 4.5 2.08 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 8 4021 Piedmont Dr 92346 1199-671-12-0000 SFR RS 0 4.5 1.28 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 1842 Buckeye Ct 92346 1200-201-02-0000 SFR RS 0 4.5 1.24 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 1835 Catalpa Ave 92346 1200-221-03-0000 SFR RS 0 4.5 3.44 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 13 3810 28th St 92346 1199-051-66-0000 SFR RS 0 4.5 0.66 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 2794 Bonita Dr 92346 1199-051-65-0000 SFR RS 0 4.5 0.63 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 3714 Palm Crest Dr 92346 1199-031-33-0000 SFR RS 0 4.5 0.77 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 City Creek Road 92404 1199-341-01-0000 SFR RS 0 4.5 11.78 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 46 3044 Mountain Top Dr 92346 1199-191-21-0000 SFR RS 0 4.5 0.52 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 City Creek Road 92404 1199-291-06-0000 SFR RS 0 4.5 3.15 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 12 2250 W Mill St 92324 0142-201-01-0000 SFR RS 0 4.5 0.28 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2249 Walnut St 92410 0142-731-42-0000 SFR RS 0 4.5 0.32 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2249 Walnut St 92410 0142-731-41-0000 SFR RS 0 4.5 0.28 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1204 Colorado Ave 92411 0143-313-21-0000 SFR RS 0 4.5 0.29 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1186 W 19th St 92411 0144-061-35-0000 SFR RS 0 4.5 0.29 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1239 W 14th St 92411 0144-191-05-0000 SFR RS 0 4.5 0.31 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 692 W 29th St 92405 0149-032-24-0000 SFR RS 0 4.5 0.29 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 862 Vista Dr 92405 0151-041-69-0000 SFR RS 0 4.5 0.27 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 694 W 34th St 92405 0152-041-34-0000 SFR RS 0 4.5 0.26 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3994 LA Hacienda Dr 92404 0155-031-15-0000 SFR RS 0 4.5 0.29 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1430 E Lynwood Dr 92404 0155-141-40-0000 SFR RS 0 4.5 0.29 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 Packet Page. 1425 8 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity 3880 Mountain Ave 92404 0155-331-03-0000 SFR RS 0 4.5 0.29 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 4650 David Way 92404 0270-142-15-0000 SFR RS 0 4.5 0.27 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1797 N Macy St 92411 0269-111-26-0000 SFR RS 0 4.5 0.28 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1923 N Macy St 92411 0269-051-30-0000 SFR RS 0 4.5 0.28 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2835 Cole Ave 92346 0285-235-09-0000 SFR RS 0 4.5 0.30 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2805 Cole Ave 92346 0285-235-11-0000 SFR RS 0 4.5 0.28 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2828 Palm Ave 92346 0285-235-06-0000 SFR RS 0 4.5 0.27 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 3204 Lynwood Dr 92346 0285-981-17-0000 SFR RS 0 4.5 0.28 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2637 Amanda St 92346 1191-231-46-0000 SFR RS 0 4.5 0.30 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 844 E 9th St 92410 0278-051-17-0000 SP RS 0 4.5 4.64 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 18 1066 N Tippecanoe Ave 92410 0278-051-24-0000 SP RS 0 4.5 6.78 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 26 3643 N G St 92405 0152-011-44-0000 SP RS 0 4.5 2.32 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 9 435 Skylark Dr 92405 0271-071-84-0000 SP RS 0 4.5 1.63 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 670 Kendall Dr 92407 0271-071-83-0000 SP RS 0 4.5 6.31 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 25 1335 Michelle Ln 92407 0266-132-02-0000 SP RS 0 4.5 1.75 Vacant YES - Potential NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 896 S K St 92410 0141-171-29-0000 MFR RU 0 8 0.35 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 990 Inland Center Dr 92408 0141-171-24-0000 MFR RU 0 8 0.41 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 990 Inland Center Dr 92408 0141-171-07-0000 MFR RU 0 8 0.43 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 205 Glenwood St 92324 0141-171-14-0000 MFR RU 0 8 0.41 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 2509 Christine St 92407 0261-361-36-0000 MFR RU 0 8 0.38 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 1815 E San Bernardino Av 92408 0281-181-05-0000 MFR RU 0 8 0.45 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 225 Glenwood St 92324 0141-171-09-0000 MFR RU 0 8 0.53 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 990 Inland Center Dr 92408 0141-171-20-0000 MFR RU 0 8 0.46 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 990 Inland Center Dr 92408 0141-171-27-0000 MFR RU 0 8 0.64 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 235 Glenwood St 92324 0141-171-06-0000 MFR RU 0 8 0.63 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 990 Inland Center Dr 92408 0141-171-19-0000 MFR RU 0 8 0.47 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 990 Inland Center Dr 92408 0141-171-18-0000 MFR RU 0 8 0.47 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 990 Inland Center Dr 92408 0141-171-17-0000 MFR RU 0 8 0.47 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 205 Glenwood St 92324 0141-171-16-0000 MFR RU 0 8 0.47 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 205 Glenwood St 92324 0141-171-15-0000 MFR RU 0 8 0.47 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 2496 W Rialto Ave 92410 0142-071-21-0000 MFR RU 0 8 10.07 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 71 2610 W Rialto Ave 0 0142-062-06-0000 MFR RU 0 8 2.71 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 19 135 N Pepper Ave 92376 0142-051-09-0000 MFR RU 0 8 7.40 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 52 138 S Meridian Ave 92376 0142-132-26-0000 MFR RU 0 8 2.48 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 17 2717 W Rialto Ave 92376 0142-132-23-0000 MFR RU 0 8 0.52 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 2771 W Rialto Ave 92376 0142-132-16-0000 MFR RU 0 8 0.47 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 261 Glenwood St 92324 0164-331-12-0000 MFR RU 0 8 1.84 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 13 896 S K St 92410 0164-331-13-0000 MFR RU 0 8 0.48 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 205 Glenwood St 92324 0164-331-07-0000 MFR RU 0 8 0.66 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 2794 W White Pine Ave 92407 0261-191-19-0000 MFR RU 0 8 2.54 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 17 2564 Kendall Dr 92407 0261-221-08-0000 MFR RU 0 8 1.55 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 10 2546 Kendall Dr 92407 0261-221-09-0000 MFR RU 0 8 1.56 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 11 2494 Kendall Dr 92407 0261-221-17-0000 MFR RU 0 8 1.39 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 9 2660W Twain Dr 92407 0261-361-35-0000 MFR RU 0 8 1.77 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 12 1677 E Cooley Ave 92408 0281-172-05-0000 MFR RU 0 8 0.62 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 1935 E Cooley Ave 92408 0281-192-03-0000 MFR RU 0 8 0.62 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 1677 E Cooley Ave 92408 0281-172-04-0000 MFR RU 0 8 0.61 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 1804 E Victoria Ave 92408 0281-182-19-0000 MFR RU 0 8 0.59 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 1622 E Victoria Ave 92408 0281-172-18-0000 MFR RU 0 8 0.58 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 Packet Page. 1426 9 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity 244 S Newport Ave 92408 0279-271-26-0000 MFR RU 0 8 9.60 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 67 214 S Newport Ave 92408 0279-271-09-0000 MFR RU 0 8 0.65 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 4 907 E Rialto Ave 92408 0279-271-15-0000 MFR RU 0 8 0.46 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 3 1266 S Mountain View Ave 92408 0280-312-09-0000 MFR RU 0 8 0.93 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 6 1266 S Mountain View Ave 92408 0280-312-10-0000 MFR RU 0 8 1.85 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 13 961 E Rialto Ave 92408 0279-271-27-0000 MFR RU 0 8 1.77 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 12 7225 Barton St 92404 0273-192-41-0000 MFR RU 0 8 0.84 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 5 277 S Artesian St 92410 0137-101-14-0000 MFR RU 0 8 0.21 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1408 Walnut St 92410 0137-101-07-0000 MFR RU 0 8 0.24 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1188 Spruce St 92411 0138-123-26-0000 MFR RU 0 8 0.22 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 468 S Eureka Ave 92410 0137-161-06-0000 MFR RU 0 8 0.27 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1689 Union St 92411 0139-212-01-0000 MFR RU 0 8 0.25 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1551 W 11th St 92411 0139-161-48-0000 MFR RU 0 8 0.18 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1569 W 11th St 92411 0139-161-50-0000 MFR RU 0 8 0.18 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1551 W 11th St 92411 0139-161-49-0000 MFR RU 0 8 0.18 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1547 W 11th St 92411 0139-161-44-0000 MFR RU 0 8 0.23 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1070 N G St 92410 0140-023-11-0000 MFR RU 0 8 0.17 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1047 N Pershing Ave 92410 0140-102-17-0000 MFR RU 0 8 0.30 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 243 W Orange St 92410 0140-072-05-0000 MFR RU 0 8 0.17 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 274 W Orange St 92410 0140-071-19-0000 MFR RU 0 8 0.17 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 274 W Orange St 92410 0140-071-20-0000 MFR RU 0 8 0.17 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 924 W 8th St 92411 0139-262-08-0000 MFR RU 0 8 0.21 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 990 Inland Center Dr 92408 0141-171-08-0000 MFR RU 0 8 0.26 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 990 Inland Center Dr 92408 0141-171-23-0000 MFR RU 0 8 0.17 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 990 Inland Center Dr 92408 0141-171-04-0000 MFR RU 0 8 0.14 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 896 S K St 92410 0141-171-03-0000 MFR RU 0 8 0.27 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 990 Inland Center Dr 92408 0141-171-22-0000 MFR RU 0 8 0.03 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 990 Inland Center Dr 92408 0141-171-21-0000 MFR RU 0 8 0.08 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 990 Inland Center Dr 92408 0141-171-25-0000 MFR RU 0 8 0.26 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 235 Glenwood St 92324 0141-171-05-0000 MFR RU 0 8 0.22 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 896 S K St 92410 0141-171-30-0000 MFR RU 0 8 0.05 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 217 Glenwood St 92324 0141-171-10-0000 MFR RU 0 8 0.04 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 130 Glenwood St 92324 0141-171-11-0000 MFR RU 0 8 0.06 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 205 Glenwood St 92324 0141-171-13-0000 MFR RU 0 8 0.29 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 2 205 Glenwood St 92324 0141-171-12-0000 MFR RU 0 8 0.17 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2280 W Rialto Ave 92410 0142-071-02-0000 MFR RU 0 8 0.21 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2422 W Rialto Ave 92410 0142-071-09-0000 MFR RU 0 8 0.25 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2612 W Rialto Ave 92410 0142-062-31-0000 MFR RU 0 8 0.20 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 649 W 21st St 92405 0145-051-21-0000 MFR RU 0 8 0.21 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 455 W 20th St 92405 0145-061-24-0000 MFR RU 0 8 0.22 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 472 W 21st St 92405 0145-031-08-0000 MFR RU 0 8 0.17 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 269 E 19th St 92404 0146-091-01-0000 MFR RU 0 8 0.18 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 245 E 19th St 92404 0146-085-10-0000 MFR RU 0 8 0.17 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 201 E 18th St 92404 0146-086-08-0000 MFR RU 0 8 0.18 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 21st street and N F Street 92405 0145-021-33-0000 MFR RU 0 8 0.23 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 21st street and N F Street 92405 0145-021-32-0000 MFR RU 0 8 0.23 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 225 Glenwood St 92324 0164-331-10-0000 MFR RU 0 8 0.14 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1704 Gould St 92354 0281-231-13-0000 MFR RU 0 8 0.22 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1889 E Cooley Ave 92408 0281-182-27-0000 MFR RU 0 8 0.18 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 Packet Page. 1427 10 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity 1886 E San Bernardino Av 92408 0280-293-17-0000 MFR RU 0 8 0.25 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1974 E San Bernardino Av 92408 0280-312-34-0000 MFR RU 0 8 0.17 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 1295 Cedar St 92404 0273-181-28-0000 MFR RU 0 8 0.20 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2164 Orange St 92346 1191-282-58-0000 MFR RU 0 8 0.20 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2163 La Verne Ave 92346 1191-282-30-0000 MFR RU 0 8 0.17 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 1 2140 Kendall Dr 92407 0261-231-26-0000 SP RU 0 8 2.70 Vacant YES - Current NO - Privately-Owned Available Not Used in Prior Housing Element 0 0 19 3850 Frontage Rd 92407 0261-451-50-0000 SFR RL 0 3.5 0.36 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-42-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-19-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-30-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-41-0000 SFR RL 0 3.5 0.15 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-20-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-29-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-31-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-21-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-28-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-32-0000 SFR RL 0 3.5 0.13 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-22-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-27-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-23-0000 SFR RL 0 3.5 0.12 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-33-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-48-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 1 0 0 3850 Frontage Rd 92407 0261-451-26-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-34-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-25-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-47-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-35-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-24-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-36-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-46-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-37-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-45-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-38-0000 SFR RL 0 3.5 0.13 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-39-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-44-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-43-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-40-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-54-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-08-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-14-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-06-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-02-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-16-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-21-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-18-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-56-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-22-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-16-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-24-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Packet Page. 1428 11 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity West Frontage Road & Lit 92407 0261-461-14-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-59-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-27-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-44-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-60-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 West Frontage Road & Lit 92407 0261-461-11-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-29-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 West Frontage Road & Lit 92407 0261-461-30-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 West Frontage Road & Lit 92407 0261-461-09-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-41-0000 SFR RL 0 3.5 0.12 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-39-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 West Frontage Road & Lit 92407 0261-461-06-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 West Frontage Road & Lit 92407 0261-461-05-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-34-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-52-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-53-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-07-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-04-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-13-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-09-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-15-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-01-0000 SFR RL 0 3.5 0.14 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-11-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-17-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-18-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-20-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-55-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-19-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-17-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-57-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-58-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-15-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-23-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-25-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-26-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-45-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-46-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 West Frontage Road & Lit 92407 0261-461-13-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 West Frontage Road & Lit 92407 0261-461-12-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-28-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-43-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-61-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 West Frontage Road & Lit 92407 0261-461-10-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-42-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-48-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-49-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-36-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-63-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 West Frontage Road & Lit 92407 0261-461-08-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Packet Page. 1429 12 Appendix A: City of San Bernardino Land Inventory, 2021-2029 RHNA Site Address/Intersection 5 Digit ZIP Code Assessor Parcel Number General Plan Designation (Current) Zoning Designati on (Current) Minimum Density Allowed (units/acre) Maximum Density Allowed (units/acre) Parcel Size (Acres) Existing Use/Vacan cy Infrastructure Publicly-Owned Site Status Identified in Last/Last Two Planning Cycle(s) Lower Income Capacity Moderate Income Capacity Above Moderate Income Capacity West Frontage Road & Lit 92407 0261-461-31-0000 SFR RL 0 3.5 0.11 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-40-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-50-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 West Frontage Road & Lit 0 0261-461-07-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-64-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-32-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-37-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-33-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-38-0000 SFR RL 0 3.5 0.13 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-51-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3777 Belmont Ave 92407 0261-461-65-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-66-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-04-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-35-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-03-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-12-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-03-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-02-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-05-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-461-01-0000 SFR RL 0 3.5 0.10 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 3850 Frontage Rd 92407 0261-451-10-0000 SFR RL 0 3.5 0.09 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Valencia and Marshall Blv 92404 0153-391-11-0000 SFR RE 0 1 1.14 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Valencia and Marshall Blv 92404 0153-391-10-0000 SFR RE 0 1 1.14 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Valencia and Marshall Blv 92404 0153-391-09-0000 SFR RE 0 1 1.13 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Valencia and Marshall Blv 92404 0153-391-08-0000 SFR RE 0 1 1.13 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Valencia and Marshall Blv 92404 0153-391-05-0000 SFR RE 0 1 1.14 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Temple Street and N J Str 92411 0139-191-52-0000 SFR RS 0 4.5 0.26 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 27th and Maddison Street 92407 0268-453-10-0000 SFR RS 0 4.5 0.25 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Washington and N Macy S 92407 0269-031-27-0000 SFR RS 0 4.5 0.26 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Lincoln and Macy Street 92411 0269-031-34-0000 SFR RS 0 4.5 0.25 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 Piedmont and Palm Ave 92346 0285-235-08-0000 SFR RS 0 4.5 0.26 Vacant YES - Potential YES - City-Owned Available Not Used in Prior Housing Element 0 0 1 TOTAL 753 3485 Packet Page. 1430 Packet Page. 1431 Packet Page. 1432 Ordinance No. Mc-1627 1 4 1 5 6 ORDINANCE NO. MC-1627 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 24-01 CHANGING THE ZONING DISTRICT CLASSIFICATION OF SPECIFIC PARCELS TO MEET THE CITY’S REGIONAL HOUSE NEEDS ALLOCATION (RHNA), PURSUANT TO THE ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2004111132). WHEREAS, together, General Plan Amendment 24-01 and Development Code Amendment 24-01 constitute the City of San Bernardino 2021-2029 Housing Element ("Project"); and WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-06 is a request to allow the change the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA); and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, pursuant to requirements of Section 15164(b) (Addendum to an EIR) of CEQA, the Planning Division of the Community and Economic Development Department accepted the Addendum to the Final Environmental Impact Report prepared by Kimley-Horn on behalf of and submitted by the applicant for the Project; and WHEREAS, on January 30, 2024, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2024-002 - PC recommending the adoption of the Addendum to the Final Environmental Impact Report, and the approval of General Plan Amendment 24-01 and Development Code Amendment 24-01 to the Mayor and City Council; and WHEREAS, notice of the February 21, 2024 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on February 10, 2024, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that trigger recirculation of the Addendum to the Final Environmental Impact Report or additional environmental review under State CEQA Guidelines Section 15164; and Packet Page. 1433 Ordinance No. Mc-1627 2 4 1 5 6 WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 24-01; and NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. In accordance with Section 15164 (Addendum to an EIR), as the decision-making body for the project, the Mayor and City Council have reviewed and considered the information contained in the administrative record for General Plan Amendment 24-01 and Development Code Amendment 24-01, and the Final Environmental Impact Report (SCH #2004111132) certified on November 1, 2005, in conjunction with the adoption of the City of San Bernardino General Plan (2005). Based upon the facts and information contained in the administrative record and the previously certified Final Environmental Impact Report, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find as follows: (1) The environmental impacts of this project were previously analyzed in the Final Environmental Impact Report certified on November 1, 2005, in conjunction with the adoption of the City of San Bernardino General Plan (2005) and within the Addendum for the approval for General Plan Amendment 24-01 and Development Code Amendment 24-01; and (2) The certified Final Environmental Impact Report and the Addendum contains a complete and accurate reporting of the environmental impacts associated with the project; and (3) The certified Final Environmental Impact Report and the Addendum was completed in compliance with CEQA and the Guidelines promulgated thereunder; and (4) The certified Final Environmental Impact Report and the Addendum reflects the independent judgment of the Mayor and City Council; and (5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the certified Final Environmental Impact Report, and all mitigation measures previously adopted with the Mitigated Monitoring and Reporting Program and the Addendum are incorporated herein by this reference. SECTION 3.Finding of Facts – Development Code Amendment 24-01. Section 19.42.050 of the City of San Bernardino Development Code requires that Development Code Amendments meet certain finding prior to approval by the Mayor and City Council. Accordingly, the following findings are provided in support of the recommendation by the Planning Commission for the approval of Development Code Amendment 24-01: Packet Page. 1434 Ordinance No. Mc-1627 3 4 1 5 6 Finding No. 1:The proposed amendment is consistent with the General Plan. Finding of Fact:Development Code Amendment 24-01 is consistent with the General Plan, in that the proposed addition of the subzones RMH-32 and RH-50 implements the previously established intended uses of the Residential Medium High (RMH) and Residential High (RH) zones, while allowing for increased densities that will assist the City in meeting its RHNA. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The adoption and implementation of Development Code Amendment 24- 01 will create two (2) subzones, RMH-32 and RH-50, that will require future development at the same standards and subject to the same permitted uses as the existing Residential Medium High (RMH) and Residential High (RH) zones. Therefore, no development is anticipated that would be detrimental to the public interest, health, safety, convenience, or welfare of the City SECTION 4.Adoption of Ordinance. Development Code Amendment 24-01 to change the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA); attached hereto and incorporated herein by reference as Exhibit “A” through “B”, is hereby approved. SECTION 5.Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7.Effective Date. This Ordinance shall become effective thirty (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. Packet Page. 1435 Ordinance No. Mc-1627 4 4 1 5 6 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 Packet Page. 1436 Ordinance No. Mc-1627 5 4 1 5 6 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1627, introduced on February 21, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at 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. 1437 EXHIBIT C Development Code Section 19.04.010(2)(E) (Residential Zones - Purpose) 19.04.010(2)(E) (Residential Zones - Purpose) shall be modified to read as follows: E. RESIDENTIAL MULTI-FAMILY ZONES These zones are intended to promote the development of multi-family townhomes, condominiums, and apartments. All multi-family zones require a reduced density if the minimum lot size for the zone is not met, and shall comply with maximum densities provided in Table 04.02. Multi-family units which legally existed in the multi-family zones prior to June 3, 1991, may remain as a permitted use. 1. RM (Residential Medium) Zone This zone requires a minimum lot size of 14,400 square feet with a maximum density of 12 units per net acre. Parcels less than 14,400 square feet in area shall be developed at RU density. 2. RMH (Residential Medium High) Zone This zone requires a minimum lot size of 20,000 square feet with a maximum density of 24 units per net acre. Lots 14,400-20,000 square feet shall be development at RM density. Lots less than 14,400 square feet shall be developed at RU density. RMH-32 (Residential Medium High) Zone. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 32 units per net acre. Properties within the RMH-32 Zone shall include only those identified in Table 04-05 and Table 04-06 of the 2021-2029 San Bernardino Housing Element, as applicable. The RMH-32 zone shall be subject to the same development standards and permitted uses as the RMH zone. 3. RH (Residential High) Zone This zone requires a minimum lot size of 20,000 square feet with a maximum density of 31 units per net acre. Lots 14,400-20,000 square feet shall be developed at RM density. Lots less than 14,400 square feet shall be developed at RU density. RH-50 (Residential High) Zone. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 50 units per net acre. Properties within the RMH-32 Zone shall include only those identified in Table 04-05 and Table 04-06 of the 2021-2029 San Bernardino Housing Element, as applicable. The RH-50 zone Packet Page. 1438 EXHIBIT C shall be subject to the same development standards and permitted uses as the RH zone. All multi-family zones listed above permit the development of senior citizen and senior congregate care housing at a density up to 50% greater than that allowed in the zone with a marketing feasibility study and a conversion plan. 4. RSH (Residential Student Housing) Zone This overlay zone is specifically designed to allow student housing complexes on lots located within 500 feet of California State University San Bernardino, and which are at least five acres in size, at a maximum density of 20 units per acre and with no more than 60 bedrooms per acre, and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06, and the 10.16 acres on the west side of Northpark Boulevard, northwest of the intersection of University Parkway and Northpark Boulevard in Tract 17703-2 Lot 1, and Tract 17703-3 Lots 1, 2, and 3. In the event that the project no longer houses California State University, San Bernardino students or is demolished, further use of the site will revert back to the underlying zone policies and standards. Packet Page. 1439 Exhibit D Privately-owned Land Identified for Rezoning/Upzoning APN Acres Existing Land Use Designation Proposed Land Use Designation Existing Zone Proposed Zone 013630207 0.68 MFR MFR RMH RMH-32 013631118 1.59 MFR MFR RMH RMH-32 013631126 0.91 MFR MFR RMH RMH-32 013631109 0.92 MFR MFR RMH RMH-32 028115164 1.55 MFR MFR RMH RMH-32 015515124 6.48 MFR MFR RH RH-50 015515125 2.87 MFR MFR RH RH-50 015044104 1.08 MFR MFR RH RH-50 015044130 2.21 MFR MFR RH RH-50 015515120 1.14 MFR MFR RH RH-50 015044114 0.03 MFR MFR RH RH-50 City-owned Surplus Land Identified for Rezoning/Upzoning APN Acres Existing Land Use Designation Proposed Land Use Designation Existing Zone Proposed Zone 013407119 0.21 C MFR CR-2 RH-50 013407124 0.06 C MFR CR-2 RH-50 013407126 0.06 C MFR CR-2 RH-50 013407158 0.28 C MFR CR-2 RH-50 013410109 0.21 C MFR CR-2 RH-50 013410110 0.31 C MFR CR-2 RH-50 014252208 0.25 C MFR CG-1 RH-50 014252209 0.24 C MFR CG-1 RH-50 014252211 0.24 C MFR CG-1 RH-50 014252212 0.24 C MFR CG-1 RH-50 014252213 0.24 C MFR CG-1 RH-50 014252214 0.24 C MFR CG-1 RH-50 014252215 0.24 C MFR CG-1 RH-50 014252216 0.24 C MFR CG-1 RH-50 014252217 0.25 C MFR CG-1 RH-50 014252225 0.21 C MFR CG-1 RH-50 014252235 0.2 C MFR CG-1 RH-50 014252236 0.2 C MFR CG-1 RH-50 014252237 0.2 C MFR CG-1 RH-50 014252238 0.2 C MFR CG-1 RH-50 014252241 0.2 C MFR CG-1 RH-50 014252242 0.21 C MFR CG-1 RH-50 014252210 0.24 C MFR CG-1 RH-50 014252226 0.19 C MFR CG-1 RH-50 014319174 0.75 C MFR CO RMH-32 014319175 0.27 C MFR CO RMH-32 014301244 0.86 C MFR CO RMH-32 015545110 1.41 MFR MFR RH RMH-32 Packet Page. 1440 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 6 PlaceWorks Figure 1 City of San Bernardino Rezoned Sites Citywide Map Packet Page. 1441 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 7 Figure 2 City of San Bernardino Rezoned Sites 1/7 Map Packet Page. 1442 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 8 PlaceWorks Figure 3 City of San Bernardino Rezoned Sites 2/7 Map Packet Page. 1443 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 9 Figure 4 City of San Bernardino Rezoned Sites 3/7 Map Packet Page. 1444 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 10 PlaceWorks Figure 5 City of San Bernardino Rezoned Sites 4/7 Map Packet Page. 1445 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 11 Figure 6 City of San Bernardino Rezoned Sites 5/7 Map Packet Page. 1446 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 12 PlaceWorks Figure 7 City of San Bernardino Rezoned Sites 6/7 Map Packet Page. 1447 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 13 Figure 8 City of San Bernardino Rezoned Sites 7/7 Map Packet Page. 1448 Packet Page. 1449 Packet Page. 1450 Packet Page. 1451 Packet Page. 1452 Packet Page. 1453 Packet Page. 1454 Packet Page. 1455 EXHIBIT A Addendum to the General Plan Final EIR (SCH No. 2004111132) Packet Page. 1456 January 2024 | General Plan EIR Addendum ADDENDUM TO THE GENERAL PLAN EIR SCH No. 2004111132 FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT City of San Bernardino Prepared for: City of San Bernardino Contact: Travis Martin 201 North E Street, 3rd Floor San Bernardino, CA 92401 909.384.5313 Prepared by: PlaceWorks Contact: Mark Teague, AICP, Principal, AICP 3 MacArthur Place #1100 Santa Ana, CA 92707 info@placeworks.com www.placeworks.com Packet Page. 1457 Packet Page. 1458 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO Table of Contents January 2024 Page i Section Page 1. ADDENDUM TO THE CERTIFIED GENERAL PLAN EIR ............................................................................... 1 1.1 BACKGROUND ................................................................................................................................................ 1 1.2 GENERAL PLAN EIR ..................................................................................................................................... 2 1.3 PROJECT SUMMARY ...................................................................................................................................... 3 2. CEQA ANALYSIS ............................................................................................................................................................ 37 2.1 ENVIRONMENTAL ANALYSIS ................................................................................................................ 38 2.2 IMPACT ANALYSIS ........................................................................................................................................ 39 2.3 FINDINGS ........................................................................................................................................................ 42 2.4 REFERENCES ................................................................................................................................................. 43 Table Page TABLE 1-1 PRIVATE -OWNED LAND IDENTIFIED IN THE HOUSING ELEMENT INVENTORY FOR REZONE ....................................................................................................................................................... 4 TABLE 1-2 CITY-OWNED LAND IDENTIFIED IN THE HOUSING ELEMENT INVENTORY FOR REZONED INFILL PARCELS FOR REZONE TO ACCOMMODATE LOWER INCOME RHNA ....................................................................................................................................................................... 5 TABLE 1-3 SUMMARY OF PROGRAM CHANGES BETWEEN EXISTING HOUSING ELEMENT AND 2021-2029 HOUSING ELEMENT ................................................................................................................... 15 Figure Page FIGURE 1 CITY OF SAN BERNARDINO REZONED SITES CITYWIDE MAP ............................................... 6 FIGURE 2 CITY OF SAN BERNARDINO REZONED SITES 1/7 MAP .............................................................. 7 FIGURE 3 CITY OF SAN BERNARDINO REZONED SITES 2/7 MAP .............................................................. 8 FIGURE 4 CITY OF SAN BERNARDINO REZONED SITES 3/7 MAP .............................................................. 9 FIGURE 5 CITY OF SAN BERNARDINO REZONED SITES 4/7 MAP ............................................................ 10 FIGURE 6 CITY OF SAN BERNARDINO REZONED SITES 5/7 MAP ............................................................ 11 FIGURE 7 CITY OF SAN BERNARDINO REZONED SITES 6/7 MAP ............................................................ 12 FIGURE 8 CITY OF SAN BERNARDINO REZONED SITES 7/7 MAP ............................................................ 13 Packet Page. 1459 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO Table of Contents Page ii PlaceWorks This page intentionally left blank. Packet Page. 1460 January 2024 Page 1 1. Addendum to the Certified General Plan EIR 1.1 BACKGROUND The proposed 2021–2029 Housing Element will replace the existing 2013–2021 Housing Element, which was adopted by City Council on February 10th, 2014 (City of San Bernardino, 2014) and serve as the City of San Bernadino’s (City’s ) guiding housing policy document to help meet the City’s future housing needs for all economic levels as expressed by the state assigned regional housing needs assessment (RHNA). The Housing Element is one of 13 elements of the City’s General Plan which was adopted by City Council on November 1st, 2005 (City of San Bernardino, 2005a). The General Plan is the foundational development policy document for the City of San Bernardino. It defines the framework by which the physical, economic, and human resources of the City are to be managed and used over time. The General Plan acts to clarify and articulate the intentions of the City with respect to the rights and expectations of the public, property owners, and prospective investors and business interests. The General Plan informs these citizens of the goals, objectives, policies, and standards for development of the City and the responsibilities of all sectors in meeting these. The General Plan Environmental Impact Report (EIR) evaluates the potential environmental impacts resulting from future development anticipated by the City of San Bernardino General Plan Update and Associated Specific Plans (General Plan). Ordinarily, as a policy document, the Housing Element seeks to account for changes in redevelopment law, and clarify language with the goals, policies, and programs generally remaining intact from the previous Housing Elements. Furthermore, it would not result in physical changes to the environment but rather encourage the provision of affordable housing within the housing development project within the existing land use designations in the Land Use Element of the General Plan. However, in this instance, the City’s ability to meet its 2021-2029 RHNA will require, in part, the rezoning of existing residential and commercial sites. The City’s proposed Housing Element programs along with the zoning change amendment (proposed project) would result in the following: A. Revision of the Municipal Code to adopt the revised Chapter 19.04, Residential Zones, the residential districts from Residential Medium High (RMH-) 24 to RMH-32 and Residential High (RH-) 31 to RH-50. The change in number represents the new maximum number of units per acre. B. Revise the zoning map to change zone districts for parcels shown in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone and Table 1-2, City-owned Land Identified in the Housing Element Inventory for Rezone. C. Adopt the City of San Bernardino 2021-2029 Housing Element. This addendum to the City of San Bernardino’s General Plan EIR, certified on November 1st, 2005, (State Clearinghouse Number 2004111132), demonstrates that the analysis in that EIR adequately addresses the potential physical impacts associated with implementation of the proposed project, and the proposed project Packet Page. 1461 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 2 PlaceWorks would not trigger any of the conditions described in Public Resources Code Section 21166 or the California Environmental Quality Act (CEQA) Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration. . This Addendum to the General Plan EIR serves as the environmental documentation for the City’s proposed 2021–2029 Housing Element and Zone Change Amendment. 1.2 GENERAL PLAN EIR The General Plan EIR addresses both the General Plan Update and the Associated Specific Plans. For the purposes of this Addendum, the impacts relating to the General Plan Update only are identified and discussed. With regard to the General Plan Update, the General Plan EIR addresses potentially significant impacts related to air quality, cultural resources, noise, traffic and circulation, and utility and service systems (City of San Bernardino, 2005b). The General Plan EIR determined that the following environmental topics were less than significant before mitigation: biological resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, and recreation (City of San Bernardino, 2005b). The General Plan EIR determined that implementation of the General Plan would result in significant and unavoidable impacts related to the following environmental topics (City of San Bernardino, 2005b): • Air Quality o GP Impact 5.2-2: Construction activities associated with the proposed project would generate short-term emissions while long-term operation of the project would generate additional vehicle trips and associated emissions in exceedance of the SCAQMD’s threshold criteria. o GP Impact 5.2-3: Implementation of the San Bernardino General Plan update would result in a cumulatively considerable net increase of criteria pollutants for which the project region is in a state of non-attainment. • Noise o GP Impact 5.10-4: The San Bernardino International Airport is located within the City of San Bernardino, resulting in exposure of future residents to airport-related noise. • Traffic and Circulation o GP Impact 5.-14-2: General plan related trip generation in combination with existing and proposed cumulative development would result in designated intersections, roads, and/or highways exceeding county congestion management agency service standards. Packet Page. 1462 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 3 1.3 PROJECT SUMMARY 1.3.1 Revision of the Municipal Code to Residential Zones The proposed project would result in the following revision to Chapter 19.04, Residential Zones. Underlined text is used to depict additions to Municipal Code Chapter 19.04, Residential Zones and unit changes. The zone district additions will only apply to the parcels shown in Figures 2 through 8 of this Addendum, and not to the City as a whole. • RMH-32 (Residential Medium High-32) Zone. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 24 32 units per net acre. Lots 14,400-20,000 square feet shall be development at RM density. • RH-50 (Residential High-50) Zone. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 31 50 units per net acre. Lots 14,400-20,000 square feet shall be developed at RM density. • The proposed project mentions the constraints to allowing max density amongst parcels due to tiering which has limited the number of units a property can have. The tiered density provisions are scheduled to be removed in the comprehensive revision to the Development Code as part of the General Plan Update. However, the above Development Code amendments will remove the tiered density for only the parcels affected by the above zone district changes (Figures 2 through 8 of this Addendum) to allow these properties to achieve maximum density. 1.3.2 Rezoning Housing Sites California Government Code Section 65584 requires that each city and county plan to accommodate a fair share of the region’s housing construction needs. The Southern California Association of Governments (SCAG) prepares the RHNA for the region based on existing and projected regional trends in population growth, household sizes, job accessibility, and transportation access. SCAG determines that the City must plan for and help facilitate the development of 8,123 new housing for the 6th cycle Housing Element, from 2021 to 2029. The City’s housing allocation is 31 percent lower income (which includes 708 extremely low-, 707 very low-, and 1,097 low-income units), 18 percent moderate-income (1,448 units), and 51 percent above moderate- income (4,163 units). Cities are not required to build or financially subsidize housing development, but they must ensure sufficient sites are available to accommodate housing at designated affordability levels. In order to meet the City’s RHNA, the City will rezone 39 parcels which in total would amount to 27.91 acres as noted in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone, and Table 1-2, City- owned Land Identified in the Housing Element Inventory for Rezone. The zoning changes allow the City to be able to meet its lower-income RHNA. The zone changes will allow a density of 32 dwelling units per acre for RMH zoning and 50 dwelling units per acre for RH zoning for those parcels shown in Figures 2 through 8. Packet Page. 1463 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 4 PlaceWorks The proposed project mentions the constraints to allowing max density amongst parcels due to tiering which has limited the number of units a property can have. However, the proposed Housing Element introduces Program 2.4 Development Code Update, which removes the tiered density for lots in multi-family residential zones for all parcels in the city, including those shown in Figures 2 through 8 of this Addendum, allowing multi- family properties to achieve maximum density. The zoning change amendment would modify the City of San Bernardino’s Municipal Code Chapter 19.04 Residential Zones which designates the maximum density that can be built per residential land use. The zones that require change are RH and RMH zones to increase density among sites that are presently designated for multi-family residential use. Currently, the City of San Bernardino has the RH zone which permits residential development at 31 units maximum per net acre. The City also has the RMH zone which permits residential development at 24 units maximum per net acre. To accommodate the low- and very low- income RHNA, the City will rezone the existing RH and RMH zones to allow for higher residential density that will only apply to the parcels shown in Figures 2 through 8 of this Addendum, and not to the City as a whole. The RMH zone will be upzoned to accommodate 32 dwelling units per acres and the RH zone will be upzoned to accommodate 50 dwelling units per acre for these parcels. As shown in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone, approximately 19.46 acres of private land would change zones from RMH 24 to RMH 32 and RH 31 to RH 50 in order to accommodate 819 housing units, Figure 1, City of San Bernardino Rezoned Sites Citywide Map shows the existing and proposed zone changes of these parcels and their location within the city. Table 1-2, City-owned Land Identified in the Housing Element Inventory for Rezone, shows that approximately 8.45 acres of city-owned surplus land would be rezoned from residential or commercial zones to either RMH-32 or RH-50 in order to accommodate 335 housing units. Figure 1, City of San Bernardino Rezoned Sites Citywide Map, and Figures 2 through 8, City of San Bernardino Rezoned Sites (1/7 Map through 7/7 map) show the existing and proposed zone changes of these parcels and their location within the city. Table 1-1 Private-owned Land Identified in the Housing Element Inventory for Rezone APN Acres Existing Zone Proposed Zone Max Density Estimated Units** 013630207 0.68 RMH RMH-32 32 20 013631118 1.59 RMH RMH-32 32 48 013631126 0.91 RMH RMH-32 32 27 013631109 0.92 RMH RMH-32 32 27 028115164 1.55 RMH RMH-32 32 46 015515124 6.48 RMH RH-50 50 306 015515125 2.87 RMH RH-50 50 135 015044104 1.08 RH RH-50 50 51 015044130 2.21 RH RH-50 50 104 015515120 1.14 RH RH-50 50 54 015044114* 0.03 RH RH-50 50 1 Total 19.46 819 Source: San Bernardino 2023. * This parcel is identified for rezone only for consistency, it is surrounded by parcel 015044130 and the two parcels have the same ownership. ** Estimated units are based on maximum allowed density times 95 percent for realistic capacity based on past projects approved and/or built in the city. Packet Page. 1464 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 5 Table 1-2 City-Owned Land Identified In The Housing Element Inventory For Rezoned Infill Parcels For Rezone To Accommodate Lower Income RHNA APN Acres Existing Zone Proposed Zone Max Density Estimated Units 13407119 0.21 CR-2 RH-50 50 26 13407124 0.06 CR-2 RH-50 50 13407126 0.06 CR-2 RH-50 50 13407158 0.28 CR-2 RH-50 50 13410109 0.21 CR-2 RH-50 50 23 13410110 0.31 CR-2 RH-50 50 14252208 0.25 CG-1 RH-50 50 147 14252209 0.24 CG-1 RH-50 50 14252211 0.24 CG-1 RH-50 50 14252212 0.24 CG-1 RH-50 50 14252213 0.24 CG-1 RH-50 50 14252214 0.24 CG-1 RH-50 50 14252215 0.24 CG-1 RH-50 50 14252216 0.24 CG-1 RH-50 50 14252217 0.25 CG-1 RH-50 50 14252225 0.21 CG-1 RH-50 50 14252235 0.2 CG-1 RH-50 50 14252236 0.2 CG-1 RH-50 50 14252237 0.2 CG-1 RH-50 50 14252238 0.2 CG-1 RH-50 50 14252241 0.2 CG-1 RH-50 50 14252242 0.21 CG-1 RH-50 50 14252210 0.24 CG-1 RH-50 50 14252226 0.19 CG-1 RH-50 50 14319174 0.75 CO RMH-32 32 96 14319175 0.27 CO RMH-32 32 14301244 0.86 CO RMH-32 32 15545110 1.41 RH RMH-32 32 Total 8.45 335 Source: San Bernardino 2023. Packet Page. 1465 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 6 PlaceWorks Figure 1 City of San Bernardino Rezoned Sites Citywide Map Packet Page. 1466 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 7 Figure 2 City of San Bernardino Rezoned Sites 1/7 Map Packet Page. 1467 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 8 PlaceWorks Figure 3 City of San Bernardino Rezoned Sites 2/7 Map Packet Page. 1468 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 9 Figure 4 City of San Bernardino Rezoned Sites 3/7 Map Packet Page. 1469 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 10 PlaceWorks Figure 5 City of San Bernardino Rezoned Sites 4/7 Map Packet Page. 1470 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 11 Figure 6 City of San Bernardino Rezoned Sites 5/7 Map Packet Page. 1471 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 12 PlaceWorks Figure 7 City of San Bernardino Rezoned Sites 6/7 Map Packet Page. 1472 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 13 Figure 8 City of San Bernardino Rezoned Sites 7/7 Map Packet Page. 1473 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 14 PlaceWorks 1.3.3 Proposed Housing Element Update Program Changes CEQA requires the City to evaluate the environmental impacts associated with direct and reasonably foreseeable indirect physical changes to the environment. Table 1-3 Summary of Program Changes Between Existing Housing Element and 2021–2029 Housing Element, includes the changes in programs between the existing Housing Element and the 2021–2029 Housing Element. As shown in Table 1-3 many of the programs from the previous Housing Element are continued through to the proposed 2021–2029 Housing Element. Packet Page. 1474 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 15 Table 1-3 Summary of Program Changes Between Existing Housing Element and 2021-2029 Housing Element Program Name Program Objective from the 2014-2021 Housing Element Progress in Meeting the 2014-2021 Objectives Continue/ Modify/Delete Program 3.1.1 Downtown Housing Encourage and facilitate the development of new housing in Downtown San Bernardino and along transit lines through the implementation of the Downtown Core Vision. The City adopted a new vision to lay the groundwork for a future downtown specific plan. The City also executed a contract with National Core to redevelop Waterman Gardens into the Arrowhead Grove affordable housing project. This program will be continued in the Housing Element. The City will complete the Downtown Specific Plan and the Arrowhead Grove project. Program 3.1.2 Transit District Overlay Publicize incentives offered by the Transit District Overlay beginning in 2014. Provide technical assistance to interested developers and property owners. The City adopted a transit district overlay around 13 transit stations along the SBX Route with the goal of revitalizing station areas. Although the City was available for technical assistance, development did not occur due to the City’s economic status. This program will be continued in the Housing Element as the City envisions the role of transit districts increasing with the General Plan update. Program 3.1.3 Residential Standards for Commercial Zones Update the Development Code to identify clear and objective development standards for housing and mixed-use development in the CG-3 and CG-4 zones. The City did not update the Development Code; work was postponed due to the impending update of the General Plan and Development Code. The program will be continued in the element. To comply with Govt Code § 65913.4, the ODDS will be drafted as part of the Development Code update after adoption of the updated General Plan. Program 3.1.4 Corridor Improvement Program Facilitate investment and intensification along underutilized corridors through codifying the development and lot consolidation incentives proposed in the General Plan Land Use Element. The City is implementing the Corridor Improvement Program, which provides policy, regulations, and incentives intended to stimulate investment and development in the Corridor Strategic Areas. However, limited progress has been made to date. This program can be an effective tool to encourage needed reinvestment if incentives are appropriate. The program will be continued and revised as part of the Development Code update. Program 3.1.5 General Lot Consolidation Incentive Amend the Development Code to incentivize lot consolidation for projects committing to management plans and providing on-site management. The City is in the process of amending the Development Code to simplify development regulations and processes. However, additional lot consolidation incentives may be needed to stimulate housing along corridors or focused areas of the City. This program will be continued. The City will update the Development Code to implement the General Plan and remove identified potential constraints to facilitate new development. Program 3.1.6 Density Bonus Provisions Facilitate higher density and affordable housing development by amending the Development Code to reflect the latest amendments to State density bonus law. The City has received limited density bonus requests, except for several affordable housing projects. The density bonus ordinance was not revised due to staff shortfall. This program will be continued in the Housing Element and, specifically, the density bonus ordinance will be updated as part of the update of the Development Code. Program 3.2.1 Single-Family Housing Acquisition and Rehabilitation Program Acquire and rehabilitate at least 50 abandoned and foreclosed homes for income- restricted resale to lower-income households. This program was used in prior cycles with NSP funds, but no longer operational. Efforts are directed at the development of single-family homes on infill lots formerly owned by the City RDA. During the 5th cycle, the City accomplished the following: • MECH completed 3 infill properties for sale to eligible low income homebuyers—2060 E. 18th Street, 938 N “G” Street, and 140 W 13th Street. • Additionally, NPHS seeks to complete two more phases (3 properties in Phase III and 4 properties in Phase IV) pending completion of City transfer of sites to NPHS. This program is an important approach to maintaining and improving housing stock and quality as well as expanding single-family housing opportunities within San Bernardino. The City will continue to operate and augment the program as financial resources become available. Program 3.2.2 Single-Family Rental Property Inspection Continue to identify code violations and educate owners and tenants about their responsibilities through single-family rental inspections. Refer owners to appropriate City programs to provide technical and financial assistance to address code violations. The City spearheaded proactive code compliance efforts and provided financial assistance to property owners who cannot afford to maintain or rehab their dwellings. The program was suspended in 2020 due to funding but has now been reinstated with the hiring of additional code enforcement staff. The program has been refunded and will be implemented for the 6th cycle Housing Element. Program 3.2.3 Crime-Free Multi-Family Housing (CFMH) Improve multi-family housing conditions; refer code violators to rehabilitation assistance programs on an as-needed basis. To date, 65 properties are certified compliant. Recent progress in the program has been affected by budget constraints and staff turnover. The crime-free multi-housing program was deleted during the housing element update process and replaced by a property maintenance program. Program 3.2.4 Single-Family Rehabilitation Program Provide assistance to 20 lower- and moderate-income households annually. This program was consolidated and operated under Program 3.2.1. The consolidated program will continue. Program 3.2.5 Elderly/Special Needs Minor Repair Grants Program On an annual basis, provide home repair grants for approximately 85 units occupied by senior and disabled households. The Old Timers Foundation, a local nonprofit organization, used CDBG funds to perform minor and emergency repairs to 109 homes owned by seniors and disabled persons. This program was discontinued during the 5th cycle. The program will not be reactivated; other rehab programs will cover the scope of this program. Program 3.2.6 Critical Repair Program Annually, provide assistance to 10 lower-income households to make critical exterior repairs. Due to funding shortages, this program is inactive and is duplicated by existing home repair programs. The program is discontinued for the 6th cycle. Other rehabilitation programs will cover this program. Program 3.2.7 Preservation of Assisted Multi- family Rental Housing Work with property owners and qualifying agencies to preserve 1,627 assisted multi- family rental units at risk of converting to market rents. Provide technical assistance to assist property owners to secure funds that preserve affordability of their housing units. Ten projects totaling 1,257 units were at risk of conversion to market rents. The City assisted in conducting TEFRA hearings, issuing mortgage revenue bonds, and allocating City funds to preserve units, including City funds for fully replacing the Waterman Gardens Public Housing project. The program is an important way to maintain/increase affordable housing in the City of San Bernardino and will be continued for the present Housing Element. Program 3.2.8 Multi-family Rental Housing Acquisition/ Rehabilitation Acquire and rehabilitate 50 multi-family rental units to benefit lower-income households. The City contracted with MECH to rehabilitate the 52-unit Eastpointe Village. Working with county partners, the Golden Apartments was also acquired and rehabilitated for permanent supportive housing. The program is an effective way to maintain safe, livable affordable housing in San Bernardino. While funding is no longer available, the City will continue to seek funds for projects that meet City objectives. Program 3.2.9 Mobile Home Grant Repair Program On an annual basis, provide home improvement grants to 20 lower-income mobile homeowners. Program was previously done with Neighborhood Housing Services of the Inland Empire (NHSIE) and Inland Housing Development Corporation (IHDC), but there is no current progress. The program will not be continued into the 6th cycle given its current status. However, should staffing or funding increase, the program may be reimplemented. Packet Page. 1475 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 16 PlaceWorks Program Name Program Objective from the 2014-2021 Housing Element Progress in Meeting the 2014-2021 Objectives Continue/ Modify/Delete Program 3.3.1 Homebuyer Assistance Program (HAP) On an annual basis, provide down payment assistance to 50 low-income first-time homebuyers and homebuyer/ homeowner education to 300 households. The HAP program is implemented by NHPS. NPHS assisted one household in 2021 with HAP funds. Additionally, NPHS received $350,000 for acquiring properties to develop affordable homeownership opportunities. In 2020 NPHS developed 2 infill homes, with plans to develop 2 more. The program is an effective and important way to maintain safe, livable affordable housing in San Bernardino and will continue for the 6th cycle. Program 3.3.2 Emergency Shelter Assistance Continue to support emergency shelter operations. The City continues to support the provision of emergency shelters. Several projects (including motel conversions) have been developed, expanded, or approved for development. The following projects will be completed in 2023: • U.S.VETS Housing: 30 units of permanent supportive housing and supportive services to veterans and their families. While the City has made great strides in housing its homeless residents, it remains a critical issue and the program will be continued in the Housing Element. Program 3.3.3 Transitional Housing Continue to support transitional housing programs and identify opportunities for expanding the transitional housing inventory to benefit lower- and extremely low-income households. The City continues to provide funding to address the transitional housing needs in the City. Approved during the prior planning period, the following residential projects will be completed in 2023: • Mary’s Village: Opened the City’s first “men’s” transitional project that provides housing, behavioral health, medical services, supportive services, job training, GED attainment, and wrap-around services. • LSS Wellness Center: LSS will also provide emergency shelter, transitional housing, supportive housing, and wrap-around services. The program continues to be an effective way to address the City’s transitional housing needs; and therefore, the program will continue in the 6th cycle. Program 3.4.1 Reasonable Accommodation Ordinance Reduce governmental constraints to housing for disabled persons through adopting a Reasonable Accommodation Ordinance. The City completed a Development Code update in May 2021, which included a Reasonable Accommodation Ordinance (Chapter 19.63). This program was completed during the 5th cycle. The City will maintain a Reasonable Accommodation Ordinance in compliance with state law and continue to implement it in order to support accessible housing development as needed to be updated with the development code update. Program 3.4.2 Universal Design Features Explore amending the Development Code or program parameters to incentivize or require universal design features in housing projects that are assisted by City funds. The City is currently working on a comprehensive update to the Development Code and has begun work on a new General Plan, which is anticipated to be completed by 2024. This program is targeted to be implemented during the 6th cycle Housing Element. Program 3.4.3 Fair Housing Mediation Contract for fair housing mediation services and refer those in need. Distribute fair housing materials at City buildings and on the City website. The City contracts with Inland Fair Housing Mediation Board to provide education, dispute resolution, and landlord/tenant mediation services to property owners, landlords, and tenants. The program will be continued during the 6th cycle. Program 3.4.4 Transitional and Permanent Supportive Housing Update the Development Code to adequately define transitional and permanent supportive housing, and permit these uses based on unit type, in accordance with SB 2. While the City has permitted a considerable number of facilities, it will amend the zoning code for consistency with state law This program is targeted to be complete in the 6th cycle as part of the Development Code update. Program 3.4.5 Special Needs and Extremely Low-Income Housing Provide expedited project review and funding priority for projects available for special needs or ELI/VLI households. Continue to refer those in need to available services. The City continues to fund many projects for these income groups and several are currently approved and in the development pipeline. This program will continue for the 6th cycle element. Program 3.5.1 Priority Water and Sewer Service Facilitate priority water and sewer service to affordable housing proposals. The City prioritizes water and sewer services to proposed affordable housing projects. Since there was not a shortage of water and sewer, the City did not have to activate its priority approval process. The program will be continued during the 6th cycle Housing Element because it is both important and effective in supporting the development of affordable housing. Program 3.5.2 Application Streamlining Opportunities Continue to explore ways of streamlining residential and mixed-use project permits. The City continues to strive to streamline the entitlement process, plan check review, and building permit issuance for all development projects, including residential and mixed-use projects. As of 2020, no applications have been submitted for streamlined residential or mixed-use projects. As a part of the Development Code update, the City will update and include streamlining procedures consistent with state law. Additional measures for creating a one-stop shop will be included. Packet Page. 1476 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 17 1.3.4 Modifications to Existing Programs As shown in Table 1-1, the proposed 2021–2029 Housing Element consolidates some programs from the existing Housing Element to aid in implementation and eliminate redundancy. The programs focus on protecting existing housing stock and ensuring access to housing at all income levels. The City’s proposed Housing Element programs along with the zoning change amendment (proposed project) would introduce new housing units and people to vacant parcels and would affect land use patterns in the city; however, the resulting impacts would be identical to the previously certified General Plan EIR. 1.3.5 New Programs The 2021–2029 Housing Element proposes the following new programs. • Program 1.1 RHNA Housing Site Inventory: This Housing Element provides an inventory of residential projects in the development pipeline and vacant sites that, taken together, will accommodate the City’s 2021-2029 RHNA. The City will maintain an inventory and map of available sites for residential development and will, in accordance with state law, ensure that requirements for no-net loss and allowance by right for sites used from the prior two planning periods will be adhered to throughout the planning period and that appropriate rezonings will occurs within the specified timeframes. Objective(s) o 1.1a. Maintain inventory of residential sites to address the 2021-2029 RHNA; periodically review sites for compliance with no-net-loss law. o 1.1.b. Upzone 5.65 acres of RMH-designated sites to RM-32, 9.35 acres of RMH designated sites to RH-50, and 4.46 acres of RH-zoned sites to RH-50 (See Table 4-5) o 1.1c. On rezoned sites to meet the lower income RHNA, permit multifamily uses without discretionary action and address reads in Gov't Code 65583, (c)(1) and 65583.2, (h) (i). o 1.1d. Multifamily projects with 20% or more units affordable to lower income will be allowed by right on sites identified in prior planning periods • Program 1.2 Downtown Specific Plan: Downtown San Bernardino is central to the City’s future as an urban center. The Downtown Specific Plan will transform the area into a mixed-use and multipurpose node that is connected to City services, employment, housing, and educational facilities, within walking distance and connected to transit. The Specific Plan aims to: restore historic and cultural prevalence to the downtown and its structures; leverage existing transit; restore and enhance civic life in the urban core; and serve as an economic and cultural catalyst to increase jobs, retail, housing, and places of gathering. The Specific Plan is not intended to assist in addressing the 6th cycle RHNA. Packet Page. 1477 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 18 PlaceWorks Objective(s) o 1.2a. Adopt the Downtown Specific Plan; make associated amendments to the Development Code as needed, and monitor plan effectiveness o 1.2b. Issue RFP, comply with the Surplus Land Act, and select a developer(s) for the Carousel Mall catalytic housing sites and others identified in the Specific Plan. o 1.2c. Continue to work with residential developers until the catalytic projects are built on residential sites in downtown. • Program 1.4 City-Owned and Surplus Site Development: The City will continue releasing land designated as surplus for development of affordable housing. The City will release surplus sites annually, noticing them via a Notice of Availability consistent with the SLA. All surplus sites are tracked on the City’s website. All surplus sites disposed pursuant to the SLA will include a minimum of 15-25 percent affordable units depending on SLA regulations. In addition to completing rezoning by April 17, 2024, the City will facilitate resolution with selected developers of any impediments to receiving entitlements and building permits to ensure that the project can commence construction prior to January 2028. Objective(s) o 1.4a. Dispose RDA sites (Table 4-6) in compliance with SLA; advertise surplus land for sale on the City's website; and consider and award bids to affordable housing developers. o 1.4b. Rezone 4.0 acres of CG-1 zoned land to RH-50, 1.9 acres of CO-zoned land and 1.4 acres of RH-zoned land to RMH-32 zoning, and 1.3 acres of CR-2 land to RH-50 zoning. o 1.4c. Proactively work with nonprofits or for-profit entities to develop residential uses on the surplus sites with units that are affordable to lower income households. o 1.4d. Require any Bice property development on surplus land to reserve at least 15 percent of its units for lower-income households, per state law under the Surplus Lands Act. • Program 1.5 Accessory Dwelling Units: Accessory dwelling units (ADU) are an effective strategy for providing affordable housing and reducing overcrowding and overpayment. In May 2021, the City Council adopted MC-1559 to allow ADUs and JADUs in all residential zones, subject to development review and compatibility with materials and architecture of the primary unit. The ADU Ordinance was subsequently amended again in 2022, resulting in a significant construction boom for ADUs and JADUs. Based on a three-year trend, the City is projecting 1,704 ADUs over the 2021-2029 planning period. To continue this progress, the following actions/objectives are proposed. Objective(s) o 1.5a. Periodically review and revise ADU regulations for consistency with state law. Address changes to the ADU Ordinance noted by HCD’s review letter dated October 2023. Packet Page. 1478 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 19 o 15b. Monitor and record progress in ADU production and affordability in the APR to ensure ADU targets are met. o 1.5c. Adopt development incentives, including online marketing, expedited process, pre-stamped plans, and one-stop permit. o 1.5d. If ADU production or affordability falls 25 percent below target for two calendar years, rezone sites to address shortfall within 6 months. • Program 1.7 Land Use Element/Code Update: As part of the General Plan update, the Land Use Element will be amended to increase the allowable density range for all medium- and higher-density residential land use designations to leverage the demand for apartments and condominiums, both affordable and market rate. Moreover, new mixed-use designations will be created along major east-west and north-south corridors to facilitate the conversion of underutilized sites to residential and/or mixed uses, create a more intense urban downtown, and support existing commercial uses (see Program 1.6). The General Plan update will provide a policy framework for updating specific plans and mixed-use corridors. To achieve these goals will require amendments of the land use designations and SBMC. Objective(s) o 1.7a. Complete comprehensive updates to the General Plan Land Use Element to further increase opportunities for new housing. o 1.7b. Revise land use designations of medium- to high-density residential zones; create mixed-use zones to implement the General Plan. o 1.7c. Increase density ranges for medium-and-higher density zones, and draft density/intensity and development standards for residential and mixed-use projects. • Program 1.8 Design Standards: Design standards are implemented to ensure that residential projects built are of lasting value, provide communitywide benefits, and reduce visual blight. Objective development and design standards (ODDS) are a key part of this process because they provide property owners and builders with the community’s expectations for project design, and they improve predictability of the development review and approval process by offering quantifiable standards and regulations that need to be followed. The Development Review Committee, an interdepartmental committee of City staff, reviews all project applications and makes consistency recommendations to the approving body. However, SB 330 requires revisions to the design regulations in the municipal code to provide more specific design guidance for residential/mixed-use projects. Objective(s) o 1.8a. Revise, adopt, and implement ODDS (objective development and design standards) for residential and mixed-use projects to comply with State law. Packet Page. 1479 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 20 PlaceWorks o 1.8b. Review and revise the design findings required for the review and approval of projects to allow for greater objectivity, clarity, and certainty in approval. o 1.8c. Publicize and market the new objective development and design standards on the City’s economic and community development website. • Program 2.1 Regulatory Incentives: San Bernardino has many underutilized sites and opportunities for residential development. However, small, individual lots offer limited development potential and generally cannot support on-site management when the lot is developed with residential uses. Residential development opportunities, particularly along corridors and infill on vacant and underused sites in existing neighborhoods, could be increased through a broader incentive program. While the City routinely grants minor modifications and exceptions to facilitate development, the program could be expanded to include lot consolidation incentives, such as density incentives. In tandem with other regulatory incentives, these tools will encourage a more efficient use of the land, offer flexibility for developers, and facilitate quality development. Moreover, such a program will further assist developers in revitalizing corridors given new state laws allowing for residential uses. Objective(s) o 2.1a. Amend Development Code to incentivize lot consolidation, merger, or lot line adjustments to encourage assemblage of lots into larger parcels to facilitate quality housing. o 2.1b. Allow for minor modifications and exceptions to facilitate and encourage the development of quality residential development. • Program 2.3 Development Fee Study: Development fees support community services and benefits, such as public safety infrastructure, transportation infrastructure, affordable housing, environmental mitigation, libraries, parks, flood control, and other projects. However, if not carefully drafted, impact fees can make it infeasible for developers to build housing or can significantly increase home prices. Development fees can amount to anywhere from 6 to 18 percent of the median price of a home depending on location, according to the AB 602 Senate Floor Analysis. The City has hired a consultant to assess fees. The City will utilize the fee study to determine revisions to balance full-cost recovery, ensure proposed projects are adequately planned for, and consider the cumulative effect on housing development. Objective(s) o 2.3a. Study and implement development and impact fees in accordance with SB 319 and AB 602, as codified in Gov’t Code § 66000 et. seq. o 2.3b. Complete development fee study to assess appropriateness and consistency with state law; revise fees based on the findings. o 2.3c. Study the feasibility of offering selected fee reductions, where appropriate, to facilitate the development of housing that fills unmet housing need. Packet Page. 1480 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 21 • Program 2.4 Development Code Update: As part of the General Plan update, the City has committed to updating the Development Code. Among other items, key provisions include: 1) updating regulatory measures that allow housing types, including special needs housing (Program 2.7); 2) updating the density bonus ordinance (Program 2.2); 3) updating development and design standards to facilitate development along corridors and in downtown (Programs 1.6 and 1.8); and 4) make amendments to facilitate consistency with the General Plan (Program 1.7). However, additional revisions to the Development Code are needed to address potential constraints to development. Objective(s) o 2.4a. Revise residential open space and lot coverage standards to allow more flexibility in satisfying requirements (e.g., use of shared space or transfer of open space requirements) o 2.4b. Remove the tiered density reduction standards for lots in multiple-family residential zones, thus facilitating achievement of maximum density in each respective zone. o 2.4c. Revise land use tables for all zones to clarify requirements for land use allowance and creating distinct requirements for physical improvements to property. o 2.4d. Review and, if needed, revise other code requirements and administrative processes that could impede achievement of maximum density. • Program 2.5 Permit Facilitation: The City’s development review process has three tiers of permits (administrative, development, and conditional permits), each with different decision-making bodies that review, condition, and approve applications. While the City meets its statutory requirements for processing development applications, conversations with developers indicated that further actions, beyond augmenting staffing, can streamline, coordinate, and facilitate the processing of permits. To that end, the City is developing a “one-stop shop” counter that will physically and virtually connect all phases of review for development applications. Additional processes are being implemented, including the objective design standards and permit-expediting process during the planning period. Objective(s) o 2.5a. Establish a written policy or procedure to allow a streamlined approval process and standards for eligible projects, as set forth under Gov’t Code § 65913.4. o 2.5b. Create a one-stop-shop counter for residential projects to streamline the application submittal and review process, improve consistency, and improve development certainty. o 2.5c. Monitor status of projects quarterly; for ones not moving forward, contact developers to ascertain issues, facilitate remaining entitlements, and assist in extensions as needed. o 2.5d. Track project processing to ensure an environmental determination is made pursuant to PRC§21080.1, within the timeframes of the PRC §21080.2 and Gov’t Code 65950(a)(5). Packet Page. 1481 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 22 PlaceWorks • Program 2.6 Site Improvements Assistance: Site improvements are necessary to prepare land for development and address potential impacts of development on- or off-site. Common improvements include grading, street lighting, and drainage; curb, gutter, and sidewalks; utility poles and connections; roadway improvements; etc. Financing site improvements can be a challenge for developers who propose affordable housing or small projects where infrastructure is lacking. To reduce the constraints and costs associated with site improvements, the City may, on a project-by-project basis, 1) allow developers to defer site improvements to a later date, 2) waive the requirement to underground utilities, or 3) waive or modify requirements for public street improvements if the improvements are cost prohibitive. Objective(s) o 2.6a. Require adequate site improvements for residential and mixed-use projects to ensure that impacts of development are addressed and mitigated. o 2.6b. Consider deferral, modification, or waiver of street improvements, undergrounding of utilities, and other features on a project-by-project basis. • Program 2.7 Constraints to a Variety of Housing: Housing Elements must provide for a variety of housing types to accommodate people of all incomes, household types, and disabilities. This includes housing such as single-family homes, multi-family rental housing, factory-built housing, ADUs, mobile homes, housing for agricultural employees, SRO units, emergency shelters, transitional housing, permanent supportive housing, and low barrier navigation centers. The SBMC update will include the following revisions. Objective(s) o 2.7a. Amend the SBMC to define and permit employee housing as a by-right use in zones allowing single-family housing, in accordance with Health and Safety Code § 17021.5. o 2.7b. Define/permit ADUs as a by-right use consistent with Gov’t Code §65852.2; incorporate changes to the ADU ordinance required by HCD’s October 2, 2023 memo to the City. o 2.7c. Amend SBMC's permitting, definitions, and associated regulations to facilitate development of emergency shelters, transitional and supportive housing, and low barrier navigation centers per state law (See Program 5.5). o 2.7 d. Interview SRO/micro-unit developers and propose ordinance revisions for consideration to the City Council to incentivize both housing types. • Program 2.8 Constraints to Housing for People with Disabilities: In December 2022, HCD issued a technical memorandum that provides guidance on how cities should address group homes and housing for people with disabilities. This guidance addresses how such land uses are defined, permitted in zoning districts, subjected to local regulations, and allowed reasonable accommodation. In addition, AB 2339 Packet Page. 1482 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 23 requires additional changes to emergency shelters and other potential constraints to the development of suitable housing. These facilities may also house disabled individuals needing special accommodations. Objective(s) o 2.8a. Amend SBMC to redefine the terms “family,” “dwelling unit, ”dwelling single,” and “disability” and residential/ community care facilities to comply with fair housing law. o 2.8b. Amend the SBMC to allow group homes or small residential care facilities (RCF) serving six or fewer persons that operate as a single housekeeping unit and that do not provide licensable services in all zones allowing single or multiunit residences. o 2.8c. Amend the SBMC to allow RCFs operating as a single housekeeping unit that provide licensable services to more than six residents subject to a conditional use permit based on generally applicable, nondiscriminatory findings in all zones allowing residential/mixed uses. • Program 3.1 Housing Rehabilitation: The Owner-Occupied Rehabilitation Program is designed to assist income-eligible San Bernardino homeowners improve the living conditions of their homes. Only owner- occupied single-family detached dwellings, townhomes, and condominiums within the San Bernardino city limits qualify for this program. Health and safety, building code, accessibility, and some general property- related repairs are eligible for reimbursement. Loans are all deferred loans at three percent interest per annum, with no payments due on the loan unless qualifying actions occur. Beyond single-family homes, however, the City also has a need for rehabilitation of mobile homes and apartments. Though there are fewer funding sources available, HCD will release a Multi-family Housing Program (MHP) Super NOFA in late 2023 to provide funding for rehabilitation activities. Objective(s) o 3.1a. Contract with NPHS to implement the owner-occupied housing rehabilitation loan program and report on results annually. o 3.1b. Consider opportunities to seek and secure funding to expand the housing rehabilitation program to mobile home parks and apartments. o 3.1c. If program expansion is feasible and approved by council, authorize staffing and financial resources to expand program to cover mobile homes and apartments. o 3.1d. Conduct a survey to clarify the need for demolition, moderate repairs, and major repairs needed to the housing stock within the city. • Program 3.2 Rental Housing Program Maintenance Standards: On October 4, 2023, the City Council adopted MCC-1619 replacing Chapter 15.27 of the SBMC “Crime Free Rental Housing Program” in its entirety with Rental Housing Program Maintenance Standards. It also amends the chapter to retain the exterior inspections of multi-family rental housing and the eight-hour training class. As part of the stipulated judgment with Promise Gracia et al., the provision for charging for inspections has been Packet Page. 1483 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 24 PlaceWorks removed. The ordinance applies to all multi-family rental housing complexes containing four or more units on a single parcel. City code enforcement may be involved in conducting the rental housing course and annual exterior (re)inspections as a lawful exercise of their duties, including but not limited to enforcement responsibilities under Civil Code 1941 et seq. and HS Code 17920.3 and 17975 et seq. Objective(s) o 3.2a. Implement program changes immediately following adoption of the ordinance in 2023 and return to the City Council for action by mid-2024. o 3.2b. Review ordinance on an annual basis to ensure that it is effective and complies with all state and federal fair housing laws. • Program 3.3 Code Enforcement: The City’s Code Enforcement program enforces regulations codified in more than 20 municipal codes that are intended to protect the health, safety, and welfare of the public; maintain quality neighborhoods; maintain quality housing; reduce crime; and ensure a high quality of life. Following the City’s exit from bankruptcy and COVID health restrictions, the City has been increasing code enforcement staff to create greater capacity for responding to code violations and inspections. The City will continue to implement its code enforcement program to further the health, safety, and welfare of the community and its residents and business, while also pursuing additional action items as appropriate to address emerging concerns. Objective(s) o 3.3a. Enforce code compliance; increase the number of code enforcement staff to improve capacity to respond to municipal code violations in a timely manner. o 3.3b. Adopt 2022 California Building Code; Require adherence to local housing, property, vehicle, and other local regulations to ensure the safety and health of residents. o 3.3c. In conjunction with County Fire, Housing Division, or business licensing program, explore interventions to expand the inspection of multi-family housing. o 3.3d. Analyze the City’s code enforcement programs with respect to Federal and State Fair Housing Law and include or modify programs to ensure compliance. • Program 3.4 Affordable Housing Inspection Program: San Bernardino’s Housing Compliance Specialist performs housing and compliance checks on homes and apartments developed using HOME, RDA, or NSP assistance. The scope includes more than 24 projects with more than 2,500 affordable housing units. As part of this effort, the housing compliance specialist will: 1) conduct on-site inspections of affordable units, with assistance from City building inspectors; 2) ensure monitoring and inspection deficiencies are addressed in a timely manner; and 3) review and approval of affirmative marketing and tenant services plans. This requirement only applies to projects required to be inspected under 24 CFR Packet Page. 1484 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 25 92.504(d) and is separate from the City’s property maintenance program for single and multiple-family units. Objective(s) o 3.4a. Inspect multi-family housing developed using federal HOME or NSP assistance; inspect 20% of projects each year, require compliance with federal housing quality standards. o 3.4b. Implement a general multi-family housing inspection program that is separate and covers all multiple-family residential properties in the city. o 3.4c. Transition to NSPIRE for consistency with local, state, federal housing inspection criteria • Program 3.5 Violence Prevention/Intervention: The City implements comprehensive violence and crime prevention efforts. The City’s Violence Intervention and Prevention (Program addresses root conditions that have driven violence and crime in San Bernardino. Partners include the City, its police department, Loma Linda University, H.O.P.E Culture, Young Visionaries, Urban Peace Institute, Urban Conservation Corps, and others. Violence intervention involves outreaching to gangs/individuals based on crime reports, holding education events, identifying high risk residents to help develop life plans, and personal follow up. In 2019, under its community-oriented policing initiative, the City reorganized its officers into neighborhoods by staffing four substations that will allow officers to work closer with community groups and residents, build greater trust among residents, and reduce crime and violence rates. Objective(s) o 3.5a. Implement violence intervention services to reduce crime and gang-related violence, including $3.8 million in violence intervention grant funds. o 3.5b. Implement community-oriented policing to reduce crime and violence, including the $5.0 million in grants to hire community policing officers o 3.5c. Explore the feasibility of implementing a citywide Neighborhood Watch Program to prevent and reduce crime and violence. If such a program is adopted, ensure that it complies with all Federal and State Fair Housing Law as well as the City’s duty to AFFH. • Program 3.6 Park and Recreational Planning: San Bernardino’s 36 parks provide opportunities for residents to recreate, socialize, and exercise. During the bankruptcy and following decade, many of these resources fell into disrepair due to the inability to fund maintenance and repair. These resources eventually became unsafe to occupy. Since emerging from bankruptcy, the City has been repairing park and recreational facilities throughout the community. The City has worked to secure grants and/or collaborate with partners from the State of California, San Manuel Reservation, Kaboom, and other for-profit and non-profit agencies to fund the revitalization of park and recreational facilities. Packet Page. 1485 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 26 PlaceWorks Objective(s) o 3.6a. Complete comprehensive update of the General Plan Parks and Recreation Element; Complete Parks/Rec Master Plan; program recommended improvements into the CIP. o 3.6b. Continue to secure funding, schedule and improve projects, including: Guadalupe, Speicher, Delmann Heights, Seccombe, Nicholson, Encanto Center, and Blair Park o 3.6c. Complete improvements to two libraries: Paul Villasenor Library and Feldhym Library. • Program 3.7 Business and Employment Assistance: The City will establish an Entrepreneurial Resource Center downtown, supported by IECE at CSUSB, that will provide resources and support for entrepreneurs and small business owners in the City. In 2022, the City was awarded a $4.2 million grant to hire 70 young and early-career staff members as part of the California Youth Jobs Program. In collaboration with the Inland Empire Small Business Development Center, the City will dedicate $3.0 million in ARPA funds to assist businesses and organizations impacted by COVID-19 or qualifying as an “underserved small business.” Objective(s) o 3.7a. Expend $3.0 million in ARA funds to assist small businesses and organizations that were adversely impacted by the COVD pandemic. o 3.7b. Establish an Entrepreneurial Resource Center (ERC) to provide a central point for resources and support for entrepreneurs and small business owners in the City. o 3.7c. Implement Youth Workforce grant and employ and train San Bernardino youth for jobs with the City and CBOs to restore services curtailed during the COVID pandemic. o 3.7d. Prepare a citywide Broadband Master Plan that will position the City for implementation grants from the state and federal government. • Program 3.8 Capital Improvements: Each year the City adopts a Five-Year Capital Improvement Program (CIP) aligning with the 2020 2025 Key Strategic Targets and Goals established by the mayor and city council. The CIP provides a roadmap for developing and maintaining the City’s capital facilities and infrastructure to provide high quality services to residents and the community. Due to the cost and importance of capital projects, significant consideration goes into allocation of resources to these projects. Projects in the CIP are evaluated against a four-point scale of priority and selected based on an assessment of community needs, mayor and city council priorities, and available funding. Objective(s) o 3.8a. Continue annual update of the CIP and implementation of scheduled projects, including accessibility improvements per the City’s Transition Plan. Packet Page. 1486 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 27 o 3.8b. Prioritize capital improvements where disinvestment or disadvantaged areas exist; pursue collaborate efforts where feasible. Complete Vernon Bridge, Muscoy Improvements, State Street Extension, Cross St. Bridge, Mt Vernon Storm Drain., and Del Rosa Fire Station. o 3.8c. Request estimated $5 million in grant funding and, if approved, prepare an ADA Plan, Bridge Management Plan, Storm Drain Master Plan, and Facility Management Plan. • Program 3.9 Water and Sewer Planning: San Bernardino’s age and geographic diversity underscores the importance of water and sewer planning to address the needs of existing and future residential development. Gov’t Code 65589.7 requires that jurisdictions have a policy for prioritizing water and sewer services (will serve letters) for residential projects that provide affordable housing to lower income residents. While the City can provide adequate service, a priority policy needs to be adopted to comply with state law. Furthermore, in compliance with state and county codes, infrastructure improvements are needed to: 1) protect the groundwater due to leaking from septic use in more rural areas; and 2) upgrade water lines to remove the potential for lead leaching in compliance with USEPA direction. Objective(s) o 3.9a. Implement septic conversion projects - convert 250 septic tanks in Arrowhead Farms upon receipt of $24.3 million SWCRB grant. o 3.9b. Complete $3.5 million project to replace 300+ lead water service connectors in the Cimmaron and San Anselmo neighborhoods o 3.9c. Adopt a policy that grants priority for issuing will serve water and sewer service to proposed housing affordable to lower-income households. • Program 3.10 Community Health: For a large, industrialized community, improving and maintaining environmental quality is a high priority for the City. Of the City’s 43 tracts, 13 tracts (33 percent) are considered disadvantaged for pollution burden. Environmental health concerns are broad in type and include environmental justice, air quality, land use adjacency issues, heavy industrial uses, and legacy superfund sites. Improving environmental conditions is complex and costly, oftentimes requiring multiagency cooperation. The Housing Element commits the City to do the following: Objective(s) o 3.10a. Complete a Health/Environmental Justice Element for the 2050 General Plan based on the findings of a technical report and community input. o 3.10b. Support implementation of the Community Emissions Reduction Plan in Muscoy/West San Bernardino to reduce exposure to pollution. o 3.10c. Encourage and facilitate the cleanup of active contaminated sites and, for inactive projects, seek funding and partnerships to facilitate cleanup. Packet Page. 1487 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 28 PlaceWorks o 3.10d. Complete installation of traffic signal improvement grant (Caltrans’ Local Highway Safety Improvement Program (HSIP)) o 3.10e. Implement Selective Traffic Enforcement Program (STEP) grant to improve road safety. • Program 4.2 Rent Control/Stabilization: In 1984, San Bernardino adopted a rent stabilization program that covered all of its 48 mobile home parks where units are not already covered by a lease. The goal of the program is to maintain the affordability of existing mobile home parks as a viable option for affordable living, particularly for lower income seniors and families with children. City provisions regulate rents, and HCD inspects the properties to ensure that State codes are met. Annual rent increases are capped at 80 percent of the change in the consumer price index. Passed in 2023, SB 940 allows locally passed rent protections to apply towards newly constructed mobile home spaces, and creates a 10-year exemption for spaces in those parks. AB1482 also took effect on January 1, 2020, and imposes rent caps, just cause eviction, and other procedures on apartments built more than 15 years ago. Objective(s) o 4.2a. Continue the Mobile Home Rent Stabilization program and ensure that all increase requests go through the proper administrative and hearing process. o 4.2b. Contract with fair housing providers to educate tenants on their rights and responsibilities with respect to rent stabilization and just cause eviction. • Program 4.3 Housing Choice Voucher: The Housing Authority implements a federally funded rental housing choice voucher (HCV) program. The HCV program provides rental assistance to qualified extremely low- and very low-income households residing in San Bernardino or to properties offering affordable units to these income groups. The program offers a rent “voucher” that is equal to the difference between the current fair market rent for an apartment and what a tenant can afford to pay (based on 30 percent of their household income). A tenant may choose to live in housing that costs more than the normal payment standard if they pay the extra rent. Housing vouchers can be allocated to projects (“project-based”) or to renters (“tenant-based”). Presently, approximately 2,600 income-eligible households benefit from the tenant-based housing choice voucher program in San Bernardino. Objective(s) o 4.3a. Maintain use of at least 2,600 tenant-based rental vouchers for San Bernardino residents and support continued distribution of project-based vouchers. o 4.3b. Work with HACSB to improve use of tenant-based vouchers 10% by marketing educational and promotional materials to residents, tenants, and property managers. o 4.3c. Publicize the Housing Authority’s HCV program by posting fliers and distributing other educational materials at appropriate venues. Packet Page. 1488 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 29 • Program 4.4 Emergency Rental Assistance: San Bernardino and its residents were severely impacted by COVID, which resulted in loss of employment, evictions, and other economic hardships. In 2021, the City secured $11 million in Emergency Rental Assistance funding from the State of California to pay rent or utilities for tenants and landlords who did not receive revenues due to the impact of COVID-19. Through Resolution No. 2021-224, the program allowed past and current rent and utility bills to be paid. The program partners with Inland SoCal 211+ to provide information regarding program resources. As of January 2023, the program had 6,950 applicants and disbursed $16.9 million in assistance. The program is currently only serving existing clients because available funds are exhausted. More than 90 percent of households are Hispanic or African Americans with one to five members. Objective(s) o 4.4a. Provide emergency rental assistance to existing San Bernardino residents impacted by job or other financial losses due to COVID. o 4.4b. Seek additional funding that may become available and, if funding becomes available, allocate rental assistance to residents most in need of housing support. o 4.4c. Review and consider non-profit applications for funding for rental assistance programs, during its annual CDBG/ESG/HOME funding cycle. • Program 4.5 Homeownership Initiative: Creating generational wealth has been a reoccurring theme expressed by residents. As is the case statewide, African American, Hispanic, and Filipino residents have the lowest homeowner rates. New homeownership programs have, until recently, declined due to the rapid escalation in prices and high subsidy required to make the cost of a home affordable to low- and moderate- income households. However, expanding homeownership is a key initiative in San Bernardino and is currently implemented through the infill housing development program on formerly surplus sites. The City will initiate a homeownership effort that includes strategies to augment funding and increase partnerships to close the race and ethnic gap in homeownership. Objective(s) o 4.5a. Present homeownership gap closure program to City Council for consideration to improve homeownership for San Bernardino residents. o 4.5b. If approved, apply for homeownership funding opportunities and grants as NOFAs are released. If approved, develop program, and hire staff. • Program 4.6 Assist in the Development of Extremely Low-Income Housing: San Bernardino’s effort to assist in the development of extremely low-, very low-, and low-income housing leverages a variety of affordability tools, incentives, partners, and financing. The first component includes making sites available for affordable housing, including surplus sites. The second component includes regulatory and financial incentives (e.g., density bonus, administrative exceptions, and other regulatory relief) to improve project feasibility. The third component includes permit streamlining to expedite the review and conditioning of Packet Page. 1489 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 30 PlaceWorks the project to reduce constraints to project approval. These components make it possible for the City to assist in the development of affordable housing for extremely low-, very low-, and low-income households. Objective(s) o 4.6a. Post and circulate surplus sites available for affordable housing per the Surplus Land Act; consider proposals from affordable housing developers per the SLA. o 4.6b. Reach out to and collaborate with local nonprofits to provide housing assistance, education and information, and other support and resources. o 4.6c. Complete processing, facilitation, funding and/or technical assistance of affordable housing in the pipeline and pursue other opportunities that arise. • Program 4.7 Inclusionary Housing Ordinance: With inflationary housing prices and rents in recent years, it has grown more challenging to finance and develop affordable housing. At the same time, new State law, referred to as “no net loss,” requires cities to find replacement sites or redesignate sites for affordable housing if the original affordable housing sites in the Housing Element are built with market- rate housing. As a result, cities are increasingly reexamining the feasibility of inclusionary housing ordinances (IHO), which mandate that new residential projects set aside a percentage of units as affordable to low- and/or moderate-income families. An IHO can help achieve multiple housing goals—achieving the RHNA mandate, preventing unnecessary rezoning, reducing housing insecurity, and integrating affordable housing options alongside market rate housing. Objective(s) o 4.7a. Contract with an affordable housing specialist to study, identify, and evaluate feasibility of inclusionary housing policies. o 4.7b. Host study session(s) with the City Council and the development community to discuss opportunities for inclusionary housing. o 4.8c. If approved by the City Council, conduct a nexus study, prepare inclusionary requirements and in-lieu fee options, and create an expenditure policy for funds. • Program 4.8 Housing or Land Trust: Community land trusts (CLT) are mechanisms for creating affordable housing units and maintaining the units as affordable over the long term. Traditionally, land trusts maintain housing affordability by retaining ownership of the land, allowing the owner to place permanent covenants on the prices or rents for homes on the land. There are various public and private land trust models and funding options that can help to provide resources beyond affordable housing, such as community revitalization, home preservation, and ownership opportunities. SBCTA has developed an initial CLT program that might offer the opportunity to join at a low initial cost. However, the City can also work with nonprofit organizations to develop a local CLT as well. Packet Page. 1490 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 31 Objective(s) o 4.8a. Explore the feasibility of a housing trust, either regional (e.g., SBCTA) or local, as a means of providing affordable housing in the City. o 4.8b. Host a study session with the City Council to discuss housing land trust opportunities and their feasibility in the City of San Bernardino. o 4.8c. If approved, develop a list of City land assets, funding sources, and interested parties and prepare a program for council consideration. • Program 5.2 Senior Housing and Services: San Bernardino’s seniors have specific needs related to housing affordability, accessibility, and supportive services. As the senior population grows, so will the need for housing that is affordable for those on fixed incomes or with mobility needs. To address the housing needs of senior households, the City permits and facilitates the development of senior apartments, senior (“age-restricted”) mobile home parks, assisted living, residential care, and other housing options. The City provides two senior centers provide social events and programs (nutrition; senior companion; AmeriCorps; health, fitness, and exercise; etc.). The City provides a senior companion program and nutrition program (SCP/SNP) with $700,000 in grants from the CNCS from 2022-2025. Objective(s) o 5.2a. Continue to seek and attract residential developers to provide, build, and expand the City’s inventory of affordable and market rate housing for seniors. o 5.2b. Sponsor and provide physical, social, health, and other support services for senior residents at San Bernardino’s senior centers and other locations. o 5.2c. Maintain the housing security of seniors through voucher advocacy, preservation of affordable housing, mobile home rent stabilization, housing assistance, and other programs. • Program 5.3 Housing for Persons with Disabilities: San Bernadino’s disabled population is diverse, representing different ages, abilities, medical conditions, and other life situations. The City’s approach to serving its disabled residents is multifaceted and designed to facilitate independent living so residents can live their fullest. For new housing, the City requires that housing is accessible per ADA disability standards. For housed residents, the City provides procedures for residents to seek reasonable accommodation (SBMC Chapter 19.63) to modify their homes to improve accessibility. The City improves the accessibility of infrastructure and public facilities in accordance with its Transition Plan. The City also approves residential care facilities and other group housing for residents with a wide range of disabilities. Objective(s) o 5.3a. Continue to ensure compliance with all building accessibility codes. Review and revise the Reasonable Accommodation Ordinance to ensure it is consistent with State law; prepare interdepartmental letter directing compliance with state law until ordinance is updated. Packet Page. 1491 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 32 PlaceWorks o 5.3b. Update and implement the City’s Self-Evaluation and Transition Plan and continue to schedule improvements to ensure accessibility to City streets, facilities, and public services. o 5.3c. Update the SBMC regarding residential care facilities, consistent with State requirements (Health and Safety Code § 1502 et seq). o 5.3d. Support efforts to provide community, recreational, and social services to people with physical, mental, and developmental disabilities. • Program 5.4 Housing for Students: Cal State San Bernardino and San Bernardino Valley Community College are valued community assets, providing education, jobs, and enrichment opportunities. Though Cal State has some on-campus housing, both schools are predominantly commuter schools. As is the case statewide, college students often face precarious and uncertain housing situations; it is not uncommon for college students to double up to afford housing and tuition. Even for students who are adequately housed, the combined cost of college tuition and housing may result in housing insecurity. In 2022, the San Bernardino CCD was awarded a $1 million grant for a feasibility study. Should the feasibility study demonstrate the demand for housing, the district can submit an application for an allocation from California’s pool of $1.5 billion to finance the development of student housing. Objective(s) o 5.4a. Support local college and university efforts to explore the development of on- and off-site housing opportunities for their students and faculty. o 5.4b. Work with SBVC to facilitate student housing through the entitlement process--expediting rezoning, development entitlements, or supporting funding applications • Program 5.5 Housing for Families with Children: The Housing Element analysis found that families with children are the majority household type in the City. Additionally, most of the households in San Bernardino are considered lower income and live in low opportunity districts or neighborhoods. According to the Census Bureau, the needs of San Bernardino’s families with children are many, including housing problems (overpayment, overcrowding, substandard housing), the need for financial assistance for lower income families, the need for continued education and employment for youth and adults, the need for park and recreational programs, and other needs. Though the City is not positioned to address the full range of needs of families with children, it can provide housing and services when feasible and contract with other appropriate entities to address service gaps. Objective(s) o 5.6a. Seek and attract residential developers to provide, build, and expand the City's inventory of affordable and market rate housing for families with children. o 5.6b. Sponsor and provide at community centers physical, social, health, and other support services for families and children. Packet Page. 1492 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 33 o 5.6c. Maintain the housing security of families with children through preservation of affordable housing, rent stabilization, housing assistance, etc. • Program 5.6 Homeless Services: San Bernardino is home to 40 percent of the county’s homeless population, and the City’s homeless population has increased 175 percent since 2017. Shelters are at or near full capacity. Moreover, homelessness is expected to increase. On February 1, 2023, the City Council issued an Emergency Homelessness Declaration. San Bernardino is committed to implementing a “housing first” strategy and provision of a full continuum of housing and services to address homelessness. The City‘s strategy to address homelessness and the multiplicity of unmet needs is multilayered. It begins with individual outreach and interaction, leading ultimately to comprehensive housing opportunities (e.g., shelters, navigation centers, transitional shelters, interim housing, permanent supportive housing) and the full range of health, social, and employment services needed to facilitate independence. The City is dedicating more than $20 million, not including additional noncity funds, to augment shelter capacity, outreach and engagement, and supportive services. Objective(s) o 5.5a. Convene a Homeless Task Force to review implementation of the City’s Homeless Action Plan and the expenditure of $20 million in American Rescue Plan Act funds to finance the plan. o 5.5b. Partner with County, for-profit, and nonprofit agencies to provide a comprehensive continuum of services to people who are homeless or residing temporarily in shelters. o 5.5c. Provide a street outreach team to assist individuals experiencing homelessness, direct them to services, and address issues with encampments. o 5.5d. Complete the following projects:  170-bed Lutheran Social Services multiservice campus  30-unit U.S. VETS permanent supportive housing on E Street  60-unit interim SBVC project on G Street for college students  200-bed Salvation Army expansion  200-prefab-unit HOPE Navigation Center Campus on 6th Street o 5.5e. Work with the County to provide accurate counts of homeless people to document the need for services and success of City programs. o 5.5f. Amend SBMC's definition for transitional and supportive housing and permit by right in all zones allowing residential uses, and allow low barrier navigation centers as a by-right use in all zones allowing residential and mixed uses, per Gov't Code § 65583(c)(3) and § 65660. Packet Page. 1493 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 34 PlaceWorks o 5.5g. Revise municipal code provisions for a security and management plan for emergency shelters in compliance with the Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino. o 5.5h. Make code revisions needed to address AB 2339 and revise the emergency shelter overlay site to remove infeasible sites and include additional sites as warranted. • Program 5.7 Housing Mobility: Racially concentrated areas of affluence (RCAA) are a fair housing concern in that certain areas may disproportionately benefit higher resources to the exclusion of lower income residents. The City of San Bernardino does not have an RCAA; in fact, most of the City is lower income tracts. A of 2023, only four tracts in Northwest San Bernardino are moderate/higher resource. To ensure equal access to resources in these areas, the City will implement a fourfold strategy: 1) approve ADU applications submitted; 2) surplus up to 113 parcels in single-family residential developments for affordable housing; 3) market housing choice vouchers to apartment properties in the area; and 4) work with HASC to preserve any at risk housing units in the neighborhood. Objective(s) o 5.7a. Facilitate and approve ADU applications in Northwest San Bernardino o 5.7b. Surplus up to 113 lots for affordable single-family housing in Northwest San Bernardino o 5.7c. Affirmatively market use of rental vouchers to apartments in Northwest San Bernardino o 5.7d. Work with HASC to preserve affordable housing in Northwest San Bernardino • Program 5.8 Place-Based Program: As discussed in Chapter 5, San Bernardino has several disadvantaged incorporated areas—the Westside and Central/Downtown—which are some of the oldest areas of the community. Both comprise the majority of the areas designated as R/ECAPs and/or high segregation and poverty in the community. As explained earlier, these conditions are due in par t to the many economic, housing, and social changes since 1980 that resulted in significant economic disruption, poverty, foreclosures, deteriorating infrastructure, and declining neighborhoods. Reversing and ameliorating these conditions will take considerable time and continued investments. To improve these areas, the City is directing significant public and private investment into both areas. Chapter 5 (Tables 5-23 and 5-24) along with action items in other housing element programs list dozens of initiatives and multi-million-dollar investments being dedicated to these two areas. The timeframes for each action item were initiated by the City, County or other partners can be found by referencing the program number for each line item in the housing plan. Objective(s) o 5.8a. Complete comprehensive community building investments in the Central/Downtown and Westside (see Tables 5-23 and 5-24). Packet Page. 1494 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 1. Addendum to the Certified General Plan EIR January 2024 Page 35 o 5.8b. Continue to seek grants and engage with nonprofit and for-profit organizations to assist in implementing community building initiatives. Packet Page. 1495 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 1. Addendum to the Certified General Plan EIR Page 36 PlaceWorks This page intentionally left blank. Packet Page. 1496 January 2024 Page 37 2. CEQA Analysis As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations): When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Pursuant to Public Resources Code Section 21166 and Section 15162 of the CEQA Guidelines, the lead agency shall not require a subsequent or supplemental EIR unless the agency determines that the proposed project would result in new significant impacts or a substantial increase in the severity of previously identified significant impacts. This analysis has been prepared pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162. Packet Page. 1497 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 2. CEQA Analysis Page 38 PlaceWorks 2.1 ENVIRONMENTAL ANALYSIS Under CEQA Guideline Section 15164, an addendum may be prepared if only minor technical changes are required or if none of the conditions identified in Guideline Section 15162 are present. In the absence of substantial evidence to support a fair argument that the project changes may result in significant environmental impacts not previously studied, an addendum to the EIR is appropriate. The following review proceeds with the requirements of CEQA Guidelines Section 15162. The following discussion concludes that the conditions set forth in Section 15162 are not present, and that an addendum is appropriate for the proposed project. Table 1-3, Summary of Program Changes Between Existing Housing Element and 2021-2029 Housing Element shows that many of the existing Housing Element programs will remain unchanged with the proposed project. The 2021- 2029 Housing Element provides a total of 25 programs; most of these programs are either informative or would result in no physical change to the environment. Overall, the programs were modified to comply with state law, respond to directives from the Department of Housing and Community Development (HCD), and eliminate programs where the City has already completed the identified task. Program 1.1: RHNA Housing Site Inventory, requires the rezoning of 19.5 acres of RH and RMH designated land to higher densities, which would help the City meet its low-income RHNA target. Program 1.4 City-Owned and Surplus Site Development, would rezone 4.0 acres of (Commercial General) CG-1 zoned land, 5.6 acres of RH-zoned land, and 9.3 acres of RMH- zoned land to RH-50 zoning; and rezone 1.9 acres of (Commercial Office) CO-zoned land, 1.4 acres of RH-zoned land, and 5.6 acres of RMH-zoned land to RMH-32 zoning. These parcels are shown in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone, and Table 1-2, City- owned Land Identified in the Housing Element Inventory for Rezone, and the impacts associated with the zoning changes would increase density for residential uses or change non-residential zones to the new residential zones with increased density. The Housing Element identifies 11 parcels for rezone, as shown in Table 1 -1, Private-owned Land Identified in the Housing Element Inventory for Rezone and an additional 28 parcels for rezone, as shown in Table 1-2, City-owned Land Identified in the Housing Element Inventory for Rezone. Furthermore, the units identified in the 2021–2029 Housing Element would not exceed the listed housing unit buildout in Table 1, City of San Berardino General Plan Buildout Statistics of the 2005 General Plan EIR which shows the total development capacity at 88,282 residential units for developable/usable area during the time of the EIR. The proposed project identifies 8,123 new housing units to meet the City’s RHNA, which when added to the City’s current number of housing units is 75,716 units. Similarly, the estimated number of residents that would be added to the city under full buildout of the 2021–2029 Housing Element is 7,270 residents, which when added to the City’s 2023 population is 230,500. Thus, there would be 63,859 fewer residents than the 2005 buildout population described in the General Plan EIR which is 294,359 residents. The public service impacts associated with the potential population increase that could be associated with new housing include police and fire services, and parks. Additional services for police and fire would only result in a physical impact if new facilities were required to meet the growth needs. Packet Page. 1498 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 2. CEQA Analysis January 2024 Page 39 2.2 IMPACT ANALYSIS The discussion in this addendum confirms that the proposed project has been evaluated for significant impacts pursuant to CEQA. The discussion is meaningfully different than a determination that a project is “exempt” from CEQA review, because the proposed 2021–2029 Housing Element update and Zone Change Amendment are not exempt. Rather, the determination here is that the General Plan EIR evaluated the physical impacts likely to result from future development. There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the adoption of the General Plan EIR. The proposed project represents no change from the physical impacts that were assumed and analyzed by the General Plan EIR. As a result, and for the reasons explained in this addendum, the proposed project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 allowing the preparation of a subsequent EIR, and the appropriate environmental document as authorized by CEQA Guidelines Section 15164(b) is an addendum. Accordingly, this EIR addendum has been prepared. The following identifies the standards set forth in Section 15162 as they relate to the proposed project. The text that follows the provisions of the law relates to the proposed project. 1. No substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and 2. No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The program changes included in the proposed Housing Element are limited to complying with state law, combining programs with similar intent to aid in implementation, or elimination of programs where the City has already completed the identified task. All development in the city must be consistent with the General Plan, and if a discretionary action, is subject to project-specific CEQA. It is important to note that the state legislature has passed several laws that would make certain housing projects ministerial thereby eliminating further CEQA analysis at the time of application. In these instances, local regulations such as engineering and design standards would continue to apply as they are requirements of the building permit and do not rely on CEQA. In addition, federal and state regulations concerning biological and cultural resources, wetlands, and construction air quality would also apply as they too are not reliant upon CEQA. As a result, even if a housing project is exempt from CEQA, the physical impacts on the environment would still be addressed through the permitting process. Packet Page. 1499 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 2. CEQA Analysis Page 40 PlaceWorks California Government Code Section 65584 requires that each city and county plan to accommodate a fair share of the region’s housing construction needs. The amendments to the Zoning Ordinance are limited to complying with state law and would ensure the City’s ability to meet its 2021-2029 RHNA. Subsequent development must be consistent with the General Plan, and if a discretionary action is determined, then must complete a project specific CEQA analysis. Though the application of the Housing Element and Zone Change amendment would change the existing development pattern for the city, the change occurs on properties already designated and zoned for development. The difference in unit yield per acre does not result in new significant environmental effects. As all projects within the city must be consistent with the General Plan, state, and federal law, policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to all future development and would reduce impacts to the same significance level as identified in the General Plan EIR. 3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified shows: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration. The proposed project includes policy-level changes that are limited to complying with state law and would not result in physical changes to the environment that were not disclosed in the General Plan EIR. The state and local regulations identified in the General Plan EIR to reduce physical environmental effects would also apply to the proposed project. The proposed Housing Element programs are similar to the existing programs of the existing 2013-2021 Housing Element. The 2021-2029 Housing Element provides a total of 25 housing programs; these programs would not result in new significant environmental impacts. The proposed Housing Element identifies targets for housing at different income levels but does not include development of an unusual type, scale, or location that would not have been evaluated in the General Plan EIR. Because a development project must be consistent with the General Plan, zoning, and development standards of the City, the adopted measures to address physical impacts on the environment would be applied resulting in the same impacts as evaluated in the General Plan EIR. Therefore, there would be no new environmental impacts. As shown in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone, and Table 1-2, City-owned Land Identified in the Housing Element Inventory for Rezone, the amendment and additions to the Zoning Code are proposed to comply with existing state law. The Zoning Code update amends Chapter 19.04 of the City’s Municipal Code to upzone parcels shown in Figures 2 through 8 of this Addendum. Additionally, the City’s zoning map is revised to change zone districts for residential parcels increasing their allowable density. According to the project description, the City’s proposed Housing Element programs along with the zoning change amendment (proposed project) would result in the following: Packet Page. 1500 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 2. CEQA Analysis January 2024 Page 41 A. Revision of the Municipal Code to adopt the revised Chapter 19.04, Residential Zones, the residential districts from Residential Medium High (RMH-) 24 to RMH-32 and Residential High (RH-) 31 to RH-50. The change in number represents the new maximum number of units per acre. B. Revise the zoning map to change zone districts for parcels shown in Table 1-1, Private-owned Land Identified in the Housing Element Inventory for Rezone and Table 1-2, City-owned Land Identified in the Housing Element Inventory for Rezone. C. Adopt the City of San Bernardino 2021-2029 Housing Element. These revisions will allow the City to meet its RHNA obligations. The physical environmental impacts have already been considered and would be exempt from CEQA (under § 15303), or would be subject to project specific CEQA analysis, as well as the policies from the General Plan. The City’s proposed Housing Element programs along with the zoning change amendment (proposed project) would introduce new housing units and people to vacant parcels and would affect land use patterns in the city; however, the resulting impacts would be identical to the previously certified General Plan EIR. There would be no new environmental impacts, or an increase in the severity of any previously identified environmental impacts. b. Significant effects previously examined will be substantially more severe than shown in the previous EIR. The proposed project would have the same significant impacts as those disclosed in the certified General Plan EIR. The state and local regulations identified in the General Plan EIR to reduce physical environmental effects would apply to all new development, including parcels located in the RMH-32 and RH-50 residential districts. There is no new information that would demonstrate that significant effects examined would be substantially more severe than shown in the certified General Plan EIR. c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project includes policy-level changes that are limited to complying with state law and would not result in physical changes to the environment that were not disclosed in the General Plan EIR General Plan EIR. The proposed project does not create new impacts or the need for mitigation measures. The state and local regulations identified in the General Plan EIR would reduce physical environmental effects associated with future development. The City is required to adopt a Housing Element and the element must be reviewed and certified by HCD. There is no feasible alternative to adopting a Housing Element. The update to the Housing Element would not result in significant environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR; therefore, there is no need for new mitigation measures or alternatives. The proposed project does not create new impacts or the need for additional mitigation measures. Packet Page. 1501 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 2. CEQA Analysis Page 42 PlaceWorks d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The proposed project would have the same significant impacts as the previously certified General Plan EIR, and all associated state and local regulations identified in the General Plan EIR to reduce physical environmental effects would apply to all future development. There would be no new significant impacts resulting from adoption of the zoning amendment therefore, there would be no new mitigation measures or alternatives required for the proposed project. 2.3 FINDINGS The foregoing analysis confirms that the proposed project has been evaluated for new significant impacts or a substantial increase in previously identified significant impacts pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162. The determination here is that the 2021–2029 Housing Element and Zoning Code Amendment does not require major revisions to the General Plan EIR due to the involvement of new significant environmental impacts or substantial increases in the severity of previously identified significant environmental impacts. The Housing Element Update is a policy document, and its adoption would not produce environmental impacts since no actual development is proposed. Therefore, the proposed project recommends changes to increase density, and the development impacts of the uses are addressed by existing policies in the General Plan EIR such as mitigation measures related to water supply demand and reducing air pollution. Future housing development projects would generally be subject to project-level environmental review. The sites with designated zone changes are located on vacant parcels that are zoned for commercial and residential purposes; most of these sites are located next to non-vacant residential parcels. The proposed zone changes will allow for the sites to be developed with residential uses, enabling the City to meet its RHNA obligations. Given that the surrounding properties have residential uses, the conditions warrant a change in their zoning designation. The zone changes would be compatible with surrounding land uses and consistent with adjacent zoning designations. There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the adoption of the General Plan EIR. The proposed project represents no change from the physical impacts that were assumed and analyzed by the General Plan EIR. As a result, and for the reasons explained in this addendum, the proposed project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 mandating the preparation of a subsequent EIR, and the appropriate environmental document authorized by CEQA Guidelines Section 15164(b) is an addendum. Packet Page. 1502 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNANDINO 2. CEQA Analysis January 2024 Page 43 2.4 REFERENCES San Bernardino, City of. 2014. City of San Bernardino 2013-2021 Housing Element. https://cdnsm5- hosted.civiclive.com/UserFiles/Servers/Server_17442462/File/Government/Department/Community %20&%20Economic%20Development/Planning/Housing%20Element%202013-2021.pdf ____. 2005a. City of San Bernardino General Plan. https://cdnsm5- hosted.civiclive.com/UserFiles/Servers/Server_17442462/File/Government/Department/Community %20&%20Economic%20Development/Planning/Complete%20General%20Plan%20Compressed.pdf ____. 2005b. General Plan Update and Associated Specific Plans EIR. https://www.sbcity.org/city_hall/community_economic_development/planning/environmental_docum ents Packet Page. 1503 ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021–2029 HOUSING ELEMENT UPDATE AND ZONE CHANGE AMENDMENT CITY OF SAN BERNARDINO 2. CEQA Analysis Page 44 PlaceWorks This page intentionally left blank. Packet Page. 1504 EXHIBIT B General Plan – Chapter 2 (Land Use Plan), Table LU-2 (Land Use Designations) Packet Page. 1505 Table LU-2 Land Use and Zoning Designations Consistency Land Use Designations Zoning Designations Max. Density (units per acre) and Intensity (floor area ratio) Intended Uses Residential Designations – San Bernardino offers a wide range of housing densities and products to meet the demand of current and future residents with equally varying lifestyles. In addition to the uses described below, other uses such as schools, parks, childcare facilities, and other public/institutional uses that are determined to be compatible with and oriented towards the needs of residential neighborhoods may also be allowed. Single-Family Residential Estate (RE) 1 dwelling unit per acre Single-family detached residences in an estate setting. Residential Low (RL) 3.5 dwelling units per acre (9,720 minimum lot size) Single-family detached residences in low-density setting. Residential Suburban (RS) 4.5 dwelling units per acre (7,200 minimum lot size) Single-family detached residences in a high quality suburban setting. Residential Urban (RU) 8 dwelling units per acre (7,200 minimum lot size, 5,200 minimum lot size in planned unit developments) Single/multi-family attached and detached residences, including townhouses, stacked flats, courtyard homes, small lot subdivisions, and mobile home parks. Multi-Family Residential Medium (RM) 12 dwelling units per acre (14,400 minimum lot size Multi-family dwellings including townhomes, stacked flats, courtyard homes, apartments and condominiums as well as small lot single-family developments Residential Medium High (RMH) 24 dwelling units per acre (20,000 minimum lot size Multi-family dwellings including apartments and condominiums. Residential Medium High (RMH- 32) 32 dwelling units per acre (20,000 minimum lot size Multi-family dwellings including apartments and condominiums. Residential High (RH) 31 dwelling units per acre (20,000 minimum lot size) Multi-family dwellings including apartments and condominiums. Residential High (RH-50) 50 dwelling units per acre (20,000 minimum lot size) Multi-family dwellings including apartments and condominiums. Commercial Designations – San Bernardino accommodates a full spectrum of retain, service, professional, office, and entertainment uses at a range of intensities to meet the demand of current and future residents. In addition to the uses described below, other uses such as parks, childcare facilities, and other public/institutional uses that are determined to be compatible with and oriented towards the needs of commercial uses may also be allowed. Commercial Commercial Office (CO) 1.0 floor area ratio Professional offices including financial, legal, insurance, medical, and other similar uses. Commercial General (CG-1) 0.7 floor area ratio Local and regional serving retail, personal service, entertainment, office, related commercial uses and limited residential uses with a CUP. Packet Page. 1506 Table LU-2 Land Use and Zoning Designations Consistency Land Use Designations Zoning Designations Max. Density (units per acre) and Intensity (floor area ratio) Intended Uses Commercial General-2 (CG-2) 1.0 floor area ratio Local and regional serving retail, personal service, entertainment, office, related commercial uses and limited residential uses with a CUP. Commercial General-3 (CG-3) 1.0 floor area ratio Local and regional serving retail, personal service, entertainment, office, related commercial uses. Central City South-1 (CCS-1) 1.0 floor area ratio Local and regional serving retail and service uses. Central City South-2 (CCS-2) .7 floor area ratio Local and regional serving retail and service uses. University Business Park-2 (UBP-2) 1.0 floor area ratio Local and regional serving retail and service uses. University Business Park-3 (UBP-3) 1.0 floor area ratio Local and regional serving retail and service uses. Commercial Regional-1 (CR-1) Commercial Regional Malls 1.5 floor area ratio Large scale, regional serving retail and service uses. Commercial Regional-2 (CR-2) Downtown Non-Residential Intensity – 3.0 floor area ratio (4.0 ratio if a vertical mixed-use project) Residential Density – 47 units per gross acre. Senior citizen and senior congregate care housing shall permit a maximum density of 130 units per gross acre, subject to the approval of a Conditional Use Permit A mixture of regional serving retail, service, office, outdoor dining, entertainment, cultural, and residential uses that enhance the downtown area as the functional and symbolic center of the City of San Bernardino. Commercial Regional-3 (CR-3) Tri-City Commercial .7 floor area ratio commercial 3.0 floor area ratio hotels & offices 1.5 floor area ratio R&D A mixture of regional serving retail, service, tourist, office, entertainment, financial establishments, restaurants and supporting outdoor dining, hotels/motels, research and development, high technology, business parks, ware- house/promotional retail, and supporting services uses that capitalize on the location along the Interstate 10 corridor. Commercial Regional-4 (CR-4) Auto Plaza .7 floor area ratio 1 acre minimum lot size New car dealerships with supporting retail and service uses. Commercial Heavy (CH) .7 floor area ratio 10,000 square feet minimum lot size Large scale, regional serving retail and service uses and limited commercial and industrial uses that are characterized by an extensive use of outdoor or indoor space for their sales, service, and/or storage. Packet Page. 1507 Table LU-2 Land Use and Zoning Designations Consistency Land Use Designations Zoning Designations Max. Density (units per acre) and Intensity (floor area ratio) Intended Uses Industrial Designations – San Bernardino accommodates a full spectrum of industrial related employment uses, such as manufacturing, distribution, research and development, office, and mineral extraction, at a range of intensities to meet the demand of current and future residents. In addition to the uses described below, other uses, such as parks and other public/institutional uses that are determined to be compatible with and oriented towards the needs of industrial uses may also be allowed. Industrial Office Industrial Park (OIP) 1.0 floor area ratio Employee-intensive employment uses in a park-like setting, including research & development, technology centers, research and development, corporate offices, “clean” industry and light manufacturing, and supporting retail. Industrial Light (IL) .75 floor area ratio Variety of light industrial uses, including warehousing/distribution, assembly, light manufacturing, research and development, mini storage, and repair facilities conducted within enclosed structures as well as supporting retail and personal uses. Industrial Heavy (IH) .75 floor area ratio Variety of intense industrial activities that could potentially generate significant impacts, such as excessive noise, dust, and other nuisances, such as rail yards and multi-modal transportation centers. Industrial Extractive (IE) .05 floor area ratio Mineral, sand, and gravel extraction with an approved Mineral Reclamation Plan in accordance with the California Surface Mining and Reclamation Act. University Business Park-1 (UBP-1) .75 floor area ratio Employee-intensive employment uses in an industrial setting, including research & development, technology centers, corporate offices, and “clean” industry. Public/Quasi-Public Designations – San Bernardino accommodates a full spectrum of public facilities and institutional uses to meet the demand of current and future residents. Public/Quasi- Public Publicly owned Flood Control (PFC) NA Flood control facilities. Public Facilities (PF) NA Public facilities, governmental institutions, transportation facilities, public schools (K-12), public or private colleges and universities, museums, and public libraries. Central City South-3 (CCS-3) NA Flood control facilities. Railroad (RR) NA Railroad facilities. Packet Page. 1508 Table LU-2 Land Use and Zoning Designations Consistency Land Use Designations Zoning Designations Max. Density (units per acre) and Intensity (floor area ratio) Intended Uses Open Space Designations – San Bernardino accommodates a full spectrum of active and passive recreational uses such as parks, trails, athletic fields, golf courses, fair grounds, and stadiums, as wells as those areas intended to remain in natural open space. Open Space Public Parks (PP) 0 dwelling units per acre Public parks and recreational facilities. Open Space (OS) 0 dwelling units per acre Permanent open space. Public/Commercial Recreation (PCR) Case-by-case basis Intensive recreational uses, such as golf courses, sports complexes, and fair grounds as approved through the public review process. Overlays – An overlay is intended to reflect a particular characteristic of an area and is applied “over” an underlying land use designation to provide guidance above and beyond the underlying land use designation. Hillside Management Overlay Densities per an adopted specific plan or as determined by the following formula: Average Slope (%) Units per Acre 10 to <15 2.0 units per acre 15 to <20 1.5 units per acre 20 to <25 1.0 units per acre 25 to <30 0.5 units per acre 30+ 0.1 units per acre Regulates growth in the City’s hillsides to ensure that development in this area occurs in a manner that protects the hillside’s natural and topographic character, environmental sensitivities, and aesthetic qualities. As detailed in the Hillside Management Overlay Zoning District: • Parcels of 15% natural slope or less can be excluded, • The transfer of allowable units to lesser slopes is allowed, • Grading is minimized, • The clustering of units is encouraged, and • Buildings are designed to “fit” with their hillside setting. Foothill Fire Zone Overlay (FF) Per the underlying land use designations and applicable overlays Mitigate the spread of wildfires, help to minimize property damage, and reduce the risk to the public health and safety. Residential Student Housing Overlay (RSH) 20 units per acre (5 acre minimum) Multi-family dwellings including apartments and condominiums that house student populations. Student housing is required to provide amenities in relation to the number of units/bedrooms. Transit District Overlay (TD) Per the underlying land use designations To provide policies to promote transit-oriented development within San Bernardino. Packet Page. 1509 EXHIBIT C Development Code Section 19.04.010(2)(E) (Residential Zones - Purpose) Packet Page. 1510 EXHIBIT C Development Code Section 19.04.010(2)(E) (Residential Zones - Purpose) 19.04.010(2)(E) (Residential Zones - Purpose) shall be modified to read as follows: E. RESIDENTIAL MULTI-FAMILY ZONES These zones are intended to promote the development of multi-family townhomes, condominiums, and apartments. All multi-family zones require a reduced density if the minimum lot size for the zone is not met, and shall comply with maximum densities provided in Table 04.02. Multi-family units which legally existed in the multi-family zones prior to June 3, 1991, may remain as a permitted use. 1. RM (Residential Medium) Zone This zone requires a minimum lot size of 14,400 square feet with a maximum density of 12 units per net acre. Parcels less than 14,400 square feet in area shall be developed at RU density. 2. RMH (Residential Medium High) Zone This zone requires a minimum lot size of 20,000 square feet with a maximum density of 24 units per net acre. Lots 14,400-20,000 square feet shall be development at RM density. Lots less than 14,400 square feet shall be developed at RU density. RMH-32 (Residential Medium High) Zone. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 32 units per net acre. Properties within the RMH-32 Zone shall include only those identified in Table 04-05 and Table 04-06 of the 2021-2029 San Bernardino Housing Element, as applicable. The RMH-32 zone shall be subject to the same development standards and permitted uses as the RMH zone. 3. RH (Residential High) Zone This zone requires a minimum lot size of 20,000 square feet with a maximum density of 31 units per net acre. Lots 14,400-20,000 square feet shall be developed at RM density. Lots less than 14,400 square feet shall be developed at RU density. RH-50 (Residential High) Zone. This zone requires a minimum lot size of 20,000 square feet with a maximum density of 50 units per net acre. Properties within the RMH-32 Zone shall include only those identified in Table 04-05 and Table 04-06 of the 2021-2029 San Bernardino Housing Element, as applicable. The RH-50 zone Packet Page. 1511 EXHIBIT C shall be subject to the same development standards and permitted uses as the RH zone. All multi-family zones listed above permit the development of senior citizen and senior congregate care housing at a density up to 50% greater than that allowed in the zone with a marketing feasibility study and a conversion plan. 4. RSH (Residential Student Housing) Zone This overlay zone is specifically designed to allow student housing complexes on lots located within 500 feet of California State University San Bernardino, and which are at least five acres in size, at a maximum density of 20 units per acre and with no more than 60 bedrooms per acre, and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06, and the 10.16 acres on the west side of Northpark Boulevard, northwest of the intersection of University Parkway and Northpark Boulevard in Tract 17703-2 Lot 1, and Tract 17703-3 Lots 1, 2, and 3. In the event that the project no longer houses California State University, San Bernardino students or is demolished, further use of the site will revert back to the underlying zone policies and standards. Packet Page. 1512 EXHIBIT D Rezoned/Upzoned Parcels Packet Page. 1513 Exhibit D Privately-owned Land Identified for Rezoning/Upzoning APN Acres Existing Land Use Designation Proposed Land Use Designation Existing Zone Proposed Zone 013630207 0.68 MFR MFR RMH RMH-32 013631118 1.59 MFR MFR RMH RMH-32 013631126 0.91 MFR MFR RMH RMH-32 013631109 0.92 MFR MFR RMH RMH-32 028115164 1.55 MFR MFR RMH RMH-32 015515124 6.48 MFR MFR RH RH-50 015515125 2.87 MFR MFR RH RH-50 015044104 1.08 MFR MFR RH RH-50 015044130 2.21 MFR MFR RH RH-50 015515120 1.14 MFR MFR RH RH-50 015044114 0.03 MFR MFR RH RH-50 City-owned Surplus Land Identified for Rezoning/Upzoning APN Acres Existing Land Use Designation Proposed Land Use Designation Existing Zone Proposed Zone 013407119 0.21 C MFR CR-2 RH-50 013407124 0.06 C MFR CR-2 RH-50 013407126 0.06 C MFR CR-2 RH-50 013407158 0.28 C MFR CR-2 RH-50 013410109 0.21 C MFR CR-2 RH-50 013410110 0.31 C MFR CR-2 RH-50 014252208 0.25 C MFR CG-1 RH-50 014252209 0.24 C MFR CG-1 RH-50 014252211 0.24 C MFR CG-1 RH-50 014252212 0.24 C MFR CG-1 RH-50 014252213 0.24 C MFR CG-1 RH-50 014252214 0.24 C MFR CG-1 RH-50 014252215 0.24 C MFR CG-1 RH-50 014252216 0.24 C MFR CG-1 RH-50 014252217 0.25 C MFR CG-1 RH-50 014252225 0.21 C MFR CG-1 RH-50 014252235 0.2 C MFR CG-1 RH-50 014252236 0.2 C MFR CG-1 RH-50 014252237 0.2 C MFR CG-1 RH-50 014252238 0.2 C MFR CG-1 RH-50 014252241 0.2 C MFR CG-1 RH-50 014252242 0.21 C MFR CG-1 RH-50 014252210 0.24 C MFR CG-1 RH-50 014252226 0.19 C MFR CG-1 RH-50 014319174 0.75 C MFR CO RMH-32 014319175 0.27 C MFR CO RMH-32 014301244 0.86 C MFR CO RMH-32 015545110 1.41 MFR MFR RH RMH-32 Packet Page. 1514 ATTACHMENT E City of San Bernardino 2021-2029 draft Housing Element https://www.sbcity.org/city_hall/community_economic_development/planning/housing_element Packet Page. 1515 To whom it may concern, I’ve drafted notes on the revised 6th Cycle City of SB housing plan, see below. 1. The housing element does not address the specific needs of unincorporated county islands in depth. Also, in the proposed general plan Muscoy is to largely be zoned as Residential Estate; Muscoy was originally designed as an agrarian town. Residential Estate does not appear to have an agricultural designation or overlay. Also, the unincorporated Arrowhead Farms neighborhood has large lots as well. An agricultural zoning designation or overlay would complement the original design and intention of the neighborhood. Applying agricultural zoning to the Muscoy and Arrowhead Farms neighborhoods would allow current residents to fully utilize their properties for residential and economic advancement opportunities. Allowing agricultural zoning could allow for residents to legally engage in agricultural industry ventures. Granted there are many food deserts in San Bernardino, allowing residents to raise livestock and grow crops will help to diversify San Bernardino’s economy, increase the community’s access to food, and improve community property values. 2. The housing element recognizes Valley Truck Farm (a historically black neighborhood); but allows that neighborhood and surrounding areas to be zoned as industrial and allow for logistics industry developments to be developed in Southern San Bernardino. What the city fails to outline is how it will correct racially motivated rezoning and placement of industrial and light industrial buildings and truck routes in areas that were historically inhabited by minorities and or people of lower income. The University of Redlands has documented the history of the Valley Truck Farms neighborhood as well as resident testimonials here: https://storymaps.arcgis.com/stories/7343b0fe57b34cd18950547008ea4439 It is my recommendation that the City of San Bernardino take the time to look into correcting poor zoning decisions that it has made that have lead to destruction of many homes in Southern San Bernardino. 3. Minimum unit sizes for RE are 1,700sq ft. Perhaps a range of 1,400 – 1,700 sq ft can be applied for the minimum unit size for this zone. Since most development in RE zones will likely be infill development, it’s best to allow residents and or builders a range to choose from that could suit their needs. 4. Bachelor/Studio minimum size should be 400 sq ft. Allowing for smaller studio units would likely translate to lower rent compared to a 500 sq ft studio. 5. The building height for RH seems a bit low and restrictive. Like to see a better range of units and floors allowed for CR-2 and RH. The zoning codes in this housing element seem too basic and might not suit the needs of the community. I’d like to learn more about how the city plans to accommodate developments such as rowhomes, cluster housing, mid-rise and high-rise housing to meet housing demand and to introduce housing supply. I would like to see the city a more equitable approach to zoning revisions. Packet Page. 1516 6. Would like to see the City of SB entertain requests for proposals from a variety of development firms in and outside the region to fulfill the desired construction. Many new home builders in the IE primary focus on single family home development; perhaps the city will need to engage in efforts to find suitable developers that focus on muti-family developments. The housing element should address the City of SB’s plan to attract developers who can build cluster, low-rise, mid- rise, and high-rise units and what the multi-year strategy will be. Additionally, the housing plan does not make it clear what the city at build out would look like and what the total pollution will be; this information would be useful to know. 7. I would like the city to push back on the high requirement of parking spaces, we don’t need as much parking based on neighborhood. I’d like to see transit-oriented development parking added to special housing needs category for parking as well as a category created for neighborhoods low car use (see the purple sections in the graphic below). 8. I would like to have a special category for street infrastructure standards. By default, the standards and existing streets are much too wide. Special considerations need to be put into place for reducing street widths in areas with a high number of pedestrians, transit-oriented developments, downtown, and other areas. Packet Page. 1517 9. Under the race and ethnicity section it says the non-white minority population has increased in the city thus there is no segregation patterns. The city fails to analyze that poor zoning and over industrialization of neighborhoods where minorities live has been happening for decades. 10. Under the environmental conditions section, the revised analysis is stating that the Central Chino Valley and Rancho Cucamonga have higher pollution than San Bernardino but are not considered disadvantaged; however, this analysis does not seem to be backed up by the CalEnviorScreen 4.0 data. Rancho Cucamonga has much better air quality compared to San Bernardino in the CalEnviormentalScreen 4.0 graphic below. This section fails to acknowledge that the U.S. Airforce cleaned up the pollution in and around the base by 2011, the U.S. Airforce account of their cleanup efforts can be found here: https://www.afcec.af.mil/Home/BRAC/Norton/Cleanup/#:~:text=The%20Air%20Force's%20succ essful%20cleanup,long%20before%20the%20base%20closed. I find that the City of San Bernadino’s claims of pollution from the old air force base around the SB Airport to be outdated and need of a new analysis. Daniel Jivanjee, 7th Ward, City of San Bernardino Packet Page. 1518 290 North D St, San Bernardino, CA 92401 | P: 909-384-5357 | www.SBCity.org Community & Economic Development Department SENT VIA EMAIL ONLY January 6, 2024 Daniel Jivanjee, Resident 7th Ward, City of San Bernardino Re: City of San Bernardino Draft 2021-2029 Sixth Cycle Housing Element Dear Mr. Jivanjee, The following responds to your latest letter, dated November 20, 2023. An abbreviated summary of each of your questions and comments are provided, followed by the City’s response. 1. The housing element does not address the specific needs of unincorporated county islands in depth. Also, in the proposed general plan, Muscoy is to largely be zoned as Residential Estate; Muscoy was originally designed as an agrarian town. Residential Estate does not appear to have an agricultural designation or overlay. Also, the unincorporated Arrowhead Farms neighborhood has large lots as well. An agricultural zoning designation or overlay would complement the original design and intention of the neighborhood. Applying agricultural zoning to the Muscoy and Arrowhead Farms neighborhoods would allow current residents to fully utilize their properties for residential and economic advancement opportunities. Allowing agricultural zoning could allow for residents to legally engage in agricultural industry ventures. Granted there are many food deserts in San Bernardino, allowing residents to raise livestock and grow crops will help to diversify San Bernardino’s economy, increase the community’s access to food, and improve community property values. Response: The draft housing element addresses the unincorporated communities (e.g., Arrowhead Farms and Muscoy) in accordance with legislation on disadvantaged unincorporated communities using guidance provided by the State of California, Office of Planning and Research. However, the question of land use and zoning for these areas is beyond the purview of the housing element and is determined solely by the County of San Bernardino Board of Supervisors. Packet Page. 1519 City of San Bernardino Page 2 of 5 2. The housing element recognizes Valley Truck Farm (a historically black neighborhood); but allows that neighborhood and surrounding areas to be zoned as industrial and allow for logistics industry developments to be developed in Southern San Bernardino. The city fails to outline how it will correct racially motivated rezoning and placement of industrial and light industrial buildings and truck routes in areas that were historically inhabited by minorities and or people of lower income. The University of Redlands has documented the history of the area and resident testimonials here: https://storymaps.arcgis.com/stories/7343b0fe57b34cd18950547008ea4439 The City of San Bernardino take the time to look into correcting poor zoning decisions that it has made that have led to destruction of many homes in Southern San Bernardino. Response: As noted, the majority of the area is currently designated for industrial land uses. The Land Use Element of the revised General Plan will examine and determine the general plan designations and zoning on a citywide basis. Your comment will be forwarded for consideration. 3. Minimum unit sizes for RE are 1,700sq ft. Perhaps a range of 1,400 – 1,700 sq ft can be applied for the minimum unit size for this zone. Since most development in RE zones will likely be infill, it’s best to allow residents and or builders a range to choose from that could suit their needs. 4. Bachelor/Studio minimum size should be 400 sq ft. Allowing for smaller studio units would likely translate to lower rent compared to a 500 sq ft studio. 5. The building height for RH seems a bit low and restrictive. Like to see a better range of units and floors allowed for CR-2 and RH. The zoning codes in this housing element seem too basic and might not suit the needs of the community. I’d like to learn more about how the city plans to accommodate developments such as rowhomes, cluster housing, mid-rise and high-rise housing to meet housing demand and to introduce housing supply. I would like to see the city a more equitable approach to zoning revisions. Response: In response to comments on residential development standards (e.g., minimum lot size, unit size, building heights, and zoning regulations), the City is updating the Development Code. The revisions are intended, in part, to allow for greater flexibility in development types by zone. Recommended suggestion will be forwarded to City staff for further consideration. 6. Would like to see the City of SB entertain requests for proposals from a variety of development firms in and outside the region to fulfill the desired construction. Many new home builders in the IE primary focus on single family home development; perhaps the city will need to engage in efforts to find suitable developers that focus on muti-family developments. The housing element should address the City of SB’s plan to attract developers who can build cluster, low-rise, mid- rise, and high-rise units and what the multi-year strategy will be. Additionally, the housing plan Packet Page. 1520 City of San Bernardino Page 3 of 5 does not make it clear what the city at build out would look like and what the total pollution will be; this information would be useful to know. Response: The City reviews development plans submitted by landowners, developers, and others who submit such plans. The City lacks the ability to restrict or encourage specific developers from submitting applications for residential development unless the land is owned or otherwise under the control of the City. Even in the latter cases, a competitive bidding process would be required. As part of the updated land use element and environmental documentation for the general plan, a buildout analysis will be prepared that provides a description of the number of housing units, households, population, and jobs that are anticipated as a result of the land use plan. 7. I would like the city to push back on the high requirement of parking spaces, we don’t need as much parking based on neighborhood. I’d like to see transit-oriented development parking added to special housing needs category for parking as well as a category created for neighborhoods low car use (see the purple sections in the graphic below). Response: While parking standards can limit the type and density of residential development, it is important to note that the presence of low vehicle ownership in a neighborhood today does not necessarily mean that future occupants of housing will have similarly low vehicle uses. Also, a neighborhood often contains a diversity of land uses, each with different parking needs. Therefore, the approach to residential parking standards has been to address parking for specific land uses (a “project-specific” approach), rather than neighborhood/district approach. Packet Page. 1521 City of San Bernardino Page 4 of 5 The Housing Element provides multiple ways to reduce parking standards – based on occupancy (special use/affordable housing) or transit oriented districts or offers other flexibility through minor exceptions. In summary, parking requirements are not believed to constrain the development of housing due to the many reductions allowed. However, Housing Plan, Program 2.4d, includes a commitment to review and, if needed, revise other code requirements and administrative processes that could impede achievement of maximum density. 8. I would like to have a special category for street infrastructure standards. By default, the standards and existing streets are much too wide. Special considerations need to be put into place for reducing street widths in areas with a high number of pedestrians, transit-oriented developments, downtown, and other areas. Response: The Housing Element does not regulate street dimension; it only analyzes them. Your comment relates more to the circulation element of the revised general plan. 9. Under the race and ethnicity section it says the non-white minority population has increased in the city thus there is no segregation patterns. The city fails to analyze that poor zoning and over industrialization of neighborhoods where minorities live has been happening for decades. Response: The revised race/ethnicity section in Chapter 2 and 5 shows that, at a census tract level, the level of integration of different race and ethnic groups, as measured by the dissimilarity index, has increased and is well below the industry standard for denoting the presence of segregation. 10. Under the environmental conditions section, the revised analysis states that the Central Chino Valley and Rancho Cucamonga have higher pollution than San Bernardino but are not considered disadvantaged; however, this analysis does not seem supported by CalEnviroScreen4.0 (CES) . Rancho Cucamonga has much better air quality compared to San Bernardino in the CES graphic. This section fails to acknowledge that the U.S. Airforce cleaned up the pollution in and around the base by 2011, the U.S. Airforce account of their cleanup efforts can be found here: https://www.afcec.af.mil/Home/BRAC/Norton/Cleanup/#:~:text=The%20Air%20Force's%20succ essful%20cleanup,long%20before%20the%20base%20closed. I find that the City of San Bernadino’s claims of pollution from the old air force base around the SB Airport to be outdated and need of a new analysis. Response: CalEnviroScreen provides three analyses: 1) a composite score (an “average” of population factors and pollution; 2) a pollution score; and 3) a population score. Based on pollution scoring, Chino and Rancho Cucamonga have high pollution scores, but they are not disadvantaged. That is because Chino and Rancho Cucamonga have more favorable scores on the population index. As a result, Chino and Rancho Cucamonga are not considered to be disadvantaged. Packet Page. 1522 City of San Bernardino Page 5 of 5 Regards, Mary E. Lanier Interim Director of Community Development & Housing Department Packet Page. 1523 City of San Be rnardino 290 North D St reet San Bernardino, CA 92401 Dea r City of San Be rn ar dino, O n beha lf of the undersigned or ganizations, we are writing to provide comments a nd feedback on the City of San B ernardino’s Nove mber 2023 versio n o f th e 2021- 2029 Hous ing Element. The Just San Bernardino (Just SB) Col laborative, co mprisi ng ei ght organizations, uni ted in 2020 to en gage residen ts and co mmunity me mbers in assessin g resou rces and develo ping a p lan to actively a ddress the co nditi ons contrib uting to San Ber nardino's decli ne. M embers of t he Just SB col laborative include A rts Connection Netw or k , BLU Educational Foundation, Congregations United for Prophetic Engage ment (COPE), In land Congre gations United for Change (ICUC), Inland Empire La bor Council (IELC ), Peopl e’s Collective fo r Environmental Justice (PC4EJ), Time for Change Foundat ion (TFCF), and Warehouse Worker Resou rce Ce nter (WWRC). O ur coll ective effor ts aim to create innovative mo dels and strategi es for e conom ic growth in the City of San Ber nardino, emphasi zing parti cip atory and inclusive community engagement. By conducting comprehen sive surveys and int erviews, an d enga ging wi th over 4,000 re sidents an d workers in San Be rn ardino, we crafted the People’s Plan for Economic Inclusion. This plan stands as a guiding framework for economic p olicies and proje cts firmly rooted in grassroots -based sol utions. Consequen tly, we emphas ize the c ritical importance of conveying th e needs of our co mmunity whenever pu blic input opp or tunities arise. Firstly, we express our gra tit ude to the team involved in the creatio n a nd editing of th is d ocume nt, recogniz ing the dedicat ion required to com plete such an e ssentia l pi ece of work. Ac k nowle dging the com plexit y of the development p ro c es s and the ch allenges f aced by the c ity staff, who often operat e unde r co nstrain ts, w e appreciat e t he effort in producing the revised housing element d ra ft. www.justsb.org @justsanbernardino 1411 N D Street, San Bernardino, CA 92405 951.315.5940 raguayo@justsb.org Page 1 of 8 Monday November 20, 2023 Re: Public Comment for Housing Element Packet Page. 1524 Chap ter 2 - Page 2-2 4: The C ity notes the existence of 4 6 mobile h ome parks and highl ights that none w ere suspende d in 2022 or 2 023, which is commendable. To gain further insight, could you pr ovide information on the mo st recent inspectio ns conducted by HCD, given their se ven-ye ar cy c le? Additionally, is there avai lable data published by HCD regarding the current rep air status of these parks? Chap ter 3 - Page 3-19: The absen ce of a program regardi ng density standards is noted. Additionally, w hile Page 3-53 ex plains the em er genc y shelte r managem ent plan, furth er clarit y is needed on the ame ndments to the curre nt re gulations in the municipa l code . Page 3 -5 4, addressing the anti -camping ordina nce, r equires clari fica tion on t he sp eci fics of the items remove d and storage proce dures at t he City Yard. Chap ter 3 - Page 3-5 3: It outlines sp eci fic requirements for the emergency shelte r ordinanc e, we ask for a particular emphasis on ensuring the clarity of the ordinance 's comm itm ent to being an ti-discriminatory. Recogn izing the need for distinct hou sing accommodations for indivi duals with 409s, this aspect c ould be explicitly defined wi thin t he or dinance or munici pal code. Chap ter 3 - Page 3-5 4: This section indicat es, "However, shou ld the per sonal property not be removed by enca mpment residents, th e City will remove the items and l eave a n otice of h ow and where to retrieve i tems at t he City Yard at 205 S. Pershing Avenue. Items remo ved from enc ampments are stored for 90 days at the City Yard." While we ha ve trust in the City's commitme nt to respe cting its residen ts, th ere appears to be a di sconnection in the implementation of this p roc es s. Re sidents ha ve recou nted instances where their personal belongings w ere discarded, and they did not receive prop er receip ts for the di sp osed items. Upon reviewi ng the 7 chap ters, we would like to r aise s pecifi c concerns: www.justsb.org @justsanbernardino 1411 N D Street, San Bernardino, CA 92405 951.315.5940 raguayo@justsb.org Page 2 of 8 Re: Public Comment for Housing Element Packet Page. 1525 www.justsb.org @justsanbernardino 1411 N D Street, San Bernardino, CA 92405 951.315.5940 raguayo@justsb.org Chap ter 4- P age 4-17: T he section highlighting Housing Unshe ltered residents describes different projects, h oweve r, s ome of the language is outda ted and some of the differences don’t provide details regardin g when the proje ct started and it would be helpful to hav e a timeline of where these proje cts are. Chap ter 4- P age 4-26: "A 15% affordability covenant is requi red on lan d sold or leased aft er no entity resp onds to the N OA during the 60 days or after price or terms cannot be reached during the 90-day go od fai th negot iatio n p eriod. (Gov. Code, §§ 54233)." W e h ope that the Cit y wi ll contemplate in c reasing the affordabl e h ousing requirement to 20-2 5% on project s. Additionally, we encourage the consideration of estab lishin g a standard process fo r commu nity benefit agreements or exploring alternative models for community inv olvement. Chap ter 4- P age 4-40: We e xpr es s concern regarding emerge ncy ov erla y are as 3 and 6, which fa ll within th e 76th and 95th perc entil es for hazardous waste. To uphold environmental justi c e principles, the cit y could consid er utilizin g infill strategies aimed at mitigating pollutio n for popul ations already at risk. Chap ter 5- Page 5-30-34: The s tatement regardin g probl ems existi ng e qually betwee n si ngle-fa mily and multiple-family hom es con tradicts the displacement risk map in Chapter 5. While the EDR model reli es on a stat istical formula and d oesn't pinpoint the c ause of displacement , the c ity mu st remain vigilant about displace ment risks. We pr opose considering a map that illus trates the neighborhoo ds bu ilt durin g different ti me frames and how that may or may not be in alignment with the i nformat ion provided in t he map included in Chapt er 5. To enhance accuracy, the cit y might explore mo re prec ise data sets or conduct canvass ing to gathe r informa tion on t he causes o f displacement. This appr oach would enable mo re ef fective remediation of housi ng iss ues. Page 3 of 8 Re: Public Comment for Housing Element Packet Page. 1526 Chapter 5-Page 5-75: It's positive that the disadvantages of Muscoy and other unincorporated regions are acknowledged. We propose that these areas be considered for rezoning with an agricultural designation, facilitating the construction of additional housing under farmworker housing initiatives. Additionally, providing incentives for residents to establish legal farms could be a valuable strategy. Chapter 5-Page 5-91: Central and West Side San Bernardino, designated as R/ECAP areas, should not bear the majority of low-income housing projects. Instead, the objective should be to decentralize poverty from these regions by exploring the construction of low-income housing in areas with more abundant resources. Chapter 6- Page 6-31: As entrusted leaders of the community, it is our responsibility to ensure that the needs of the community are met. Therefore, we should all strive to make quality long-term and short-term decisions. We appreciate the acknowledgment of the collaborative's work and efforts in addressing the community's concerns. While recognizing these efforts, we also acknowledge the ongoing work that the City and community partners must continue to undertake to achieve impactful change. Chapter 6- Page 6-32: There is a section highlighting the City's environmental justice efforts. While we commend these efforts, we are aware that the City initiated a truck route study without a final version for enforcement of these routes. To accurately reflect this, the language could be adjusted to state that the City Staff has initiated a truck route study and will work towards adopting enforceable truck routes. Although we appreciate the ongoing remediation efforts at Casa Ramona, we are uncertain about the specific role of environmental justice concerning this project. Additionally, we believe it's important to highlight collaborative partnerships and work with entities such as So Cal Edison, SBCTA, Omnitrans, etc., especially if there are ongoing projects aimed at reducing pollution and emissions. While recognizing the significance of the efforts already listed, we urge the City to explore alternative strategies to address environmental injustices. This could involve zoning considerations for green zones, providing incentives for contractors using eco- friendly materials in public works and capital improvement projects, and exploring the possibility of purchasing micro-grids in partnership with So Cal Edison to mitigate the impact of rolling blackouts experienced by residents annually. We anticipate making more suggestions when the health/environmental element is released. www.justsb.org @justsanbernardino 1411 N D Street, San Bernardino, CA 92405 951.315.5940 raguayo@justsb.org Page 4 of 8 Re: Public Comment for Housing Element Packet Page. 1527 Chap ter 7-Page 7-15&16 : We commend the C ity for the prudent de cision to rep eal the Multi-Family Cr ime Free Hou sing Program. While reco gnizing the remain ing Re ntal Housi ng Program Main tenance Standards, which presently fo cus on the e x terior, w e acknowledge that add itional effort s are needed to e stablish an inspection program that encompasse s in terior concer ns. It is e ssentia l to c reate a program that not only add re sses internal issues but also avoids potential looph oles leading to "renovictions" for all renters. Chap ter 7-Page 7-19: We anticipate p ro vidi ng add itional feedba c k w ith th e release of the Health/Environmental Jus tice Element. Chap ter 7-Page 7-2 0: We hope to se e a com mitment to collecti ng data and conduct ing a n a nalysis of t he Mobile Home Park Re nt S tabilizati on program. This effo rt will prov ide a clear understa nding of the program's effectiveness by the next housing element cycle. We are also appreciative to see the commit ment to contracti ng with fair housing exp er ts to offer tenants e ducatio n on ren t stabilization and jus t-cause evictio n. In addition to the comment s provided, we e x press severe concern regarding the z on in g outlined in the housi ng e lement. Wh il e the do cu men t acknowl ed ges Valley Tr uc k Far m, a hi st orica ll y blac k neighborhood, it permits t he zoning of this nei gh bor ho od and it s s urroundings as in dustr ial, pote ntia ll y allowing for l ogistics in du st r y developments in South ern San Bernard in o. The city fail s to ad dress how i t plans to r ectify racia ll y mo tivate d rezoning and the plac ement o f in du st r ia l build in gs, l ight indus trial stru ctures, and truck routes in areas h isto r ic ally inhab ited b y mi no rities or pe op le wi th lower i ncomes. www.justsb.org @justsanbernardino 1411 N D Street, San Bernardino, CA 92405 951.315.5940 raguayo@justsb.org Page 5 of 8 Re: Public Comment for Housing Element Packet Page. 1528 We propose rec onsiderin g the min imu m unit s izes for the RE z one. C ur rently se t a t 1,700 sq ft, we sug gest imp lementing a r ange of 1,400 – 1,700 sq ft for grea ter flexibility , e sp eci ally for infill development wh ere residents an d builders may require op tions tailored to the ir n eed s. For Bachel or /Stud io units, we r ecommend a minimum size of 400 s q ft. Allowi ng smaller stu dio units could lead to more a ffordable rent s compared to a 500 sq ft st udio. M oreover, we find the building hei ght for RH restric tive. We encourage a broader ran ge of uni ts and floors for CR-2 a nd R H to better accommodate diverse housin g n eed s. The proposed density for both COR-1 and COR-2 zones is deemed insufficient for a major corridor aim ing to become a wa lka ble a nd bikeable co mmunity . To foster a vi br ant communi ty with a high demand f or services li k e g ro c ery stores, restaura nts, and entertainment, we r ecommend increasing t he d ensity to 80+ uni ts pe r acre. This elev ated densit y would support the creati on of a lively and pe destrian-friendly envi ro nmen t. Without achieving this higher densi ty, there is a risk of the E Stree t Co rridor b ecoming pri marily a thorou ghfa re for cars. While recognizing th e importance of ca rs and the positive i mpact of public transportation, such as sbX, the current zoning propo sals fo r COR-1 and COR-2 seem inco ngruent with the city's future p lanni ng goals and the desire to diminish relia nce on automobiles. Re considering and adjusti ng the zoning to support a mo re sustainable an d walkable commu nity wou ld align wi th the cit y's f or ward-loo king vision. The zonin g codes in this housing element app ear too basic an d may not fully meet the comm unity's needs. We se ek more information on how the city plans to facilitate deve lopments such as r owhomes, clu ster housing , mid-rise, and high- ri se ho using to address hou sing dem and i ntrodu c e a mo re div erse ho using supply, and reduce d epe ndency on cars. www.justsb.org @justsanbernardino 1411 N D Street, San Bernardino, CA 92405 951.315.5940 raguayo@justsb.org Page 6 of 8 Re: Public Comment for Housing Element Packet Page. 1529 www.justsb.org @justsanbernardino Program Description/Example Retrofit pilot program https://www.boston.gov/housing/healthy-and-green- retrofit-pilot-program Homebuyer program https://www.boston.gov/departments/housing/boston -home-center/one-boston-homebuyer-program Resilient Buildings Plan https://www.boston.gov/bostons-resilient-buildings- plan TOPA/COPA (Tenant/Community Opportunity to Purchase Act) program https://www.policylink.org/resources-tools/tools/all- in-cities/housing-anti-displacement/topa-copa Handy worker program https://housing2.lacity.org/residents/handyworker- program Home Enhancement Loan Program (HELP) https://www.cityofpasadena.net/housing/home- enhancement-loan-program-help/ REIT, Co-operative and Community Land Trust programs https://www.bloomberg.com/news/articles/2019-04- 29/alternative-homeownership-land-trusts-and-co- ops 1411 N D Street, San Bernardino, CA 92405 951.315.5940 raguayo@justsb.org Page 7 of 8 Re: Public Comment for Housing Element Lastly, the community urgently requires the following programs to flourish: Packet Page. 1530 www.justsb.org @justsanbernardino Program Description/Example Rent stabilization/just cause https://www.santa-ana.org/renter-protections/ https://www.pomonaca.gov/government/department s/rent-stabilization Green zones https://planning.lacounty.gov/long-range- planning/green-zones-program/ https://oag.ca.gov/sites/default/files/AG%20Letter%20t o%20LA%20County%20%28Green%20Zones%20Ordinan ce%29%20.pdf Adaptive reuse ordinance https://www.santa-ana.org/documents/adaptive- reuse-ordinance-and-eligible-locations-map/ Sincerely, Rocio Aguayo , JustSB Policy Research Associate 1411 N D Street, San Bernardino, CA 92405 951.315.5940 raguayo@justsb.org Page 8 of 8 Re: Public Comment for Housing Element Packet Page. 1531 290 North D St, San Bernardino, CA 92401 | P: 909-384-5357 | www.SBCity.org Community & Economic Development Department SENT VIA EMAIL ONLY raguayo@justsb.org January 8, 2024 Rocio Aguayo, Policy Research Associate Just San Bernardino 1411 North D Street, San Bernardino, CA 92405 Re: City of San Bernardino Draft 2021-2029 Sixth Cycle Housing Element Dear Mr. Aguayo, The following responds to your latest letter, dated November 20, 2023. An abbreviated summary of each of your contentions are provided, followed by the City’s response. Comment 1: MobileHome data Chapter 2 - Page 2-24. The City notes the existence of 46 mobile home parks and highlights that none were suspended in 2022 or 2023, which is commendable. To gain further insight, could you provide information on the most recent inspections conducted by HCD, given their seven-year cycle? Additionally, is there available data published by HCD regarding the current repair status of these parks? • Response: HCD is responsible for inspecting mobilehomes and enforcing code compliance. HCD does not make inspection data or repair status available without a public records request. The public can make a request at: https://www.hcd.ca.gov/contact-us/public-records-requests Comment 2: Emergency Shelter Regulations Chapter 3 - Page 3-19. The absence of a program regarding density standards is noted. Additionally, while Page 3-53 explains the emergency shelter management plan, further clarity is needed on the amendments to the current regulations in the municipal code. Page 3-54, the anti-camping ordinance, requires clarification on the specifics of the items removed and storage procedures at the City Yard. Packet Page. 1532 City of San Bernardino Page 2 of 7 • Response: The Housing Element, Program 2.4, commits the City to remove the tiered density provision so residential projects can be built at maximum density of the underlying zone. The City Attorney is revising the Emergency Shelter Overlay Management Plan and will move forward for adoption in early 2024. The City implements standard procedure on how to remove items from encampments and the procedure is designed to comply with court decisions and fair housing law. Comment 3: Chapter 3 and Emergency Shelter and 409s Page 3-53 outlines specific requirements for the emergency shelter ordinance, we ask for a particular emphasis on ensuring the clarity of the ordinance's commitment to being anti-discriminatory. Recognizing the need for distinct housing accommodations for individuals with 409s, this aspect could be explicitly defined within the ordinance or municipal code. • Response: Request is being referred to the City Attorney who will draft the ordinance. Comment 4: Personal Property from Encampments Chapter 3 - Page 3-54. This section indicates, "However, should the personal property not be removed by encampment residents, the City will remove their items and leave a notice of how and where to retrieve items at the City Yard Items removed from encampments are stored for 90 days at the City Yard." While we have trust in the City's commitment to respecting its residents, there appears to be a disconnection in the implementation of this process. Residents have recounted instances where their personal belongings were discarded, and they did not receive proper receipts for the disposed items. • Response: The City endeavors to comply with state law. However, there may be instances where items may be disposed for potential health and safety concerns. These concerns are being sent to the City Attorney for consideration in drafting regulations for removal of encampment items. Comment 5: Updated detail on Homeless Projects Chapter 4- Page 4-17: The section highlighting Housing Unsheltered residents describes different projects, however, some of the language is outdated and some of the differences don’t provide details regarding when the project started and it would be helpful to have a timeline of where these projects are. • Response: The Housing Resources chapter was revised to provide project descriptions. The Housing Plan, Table 7-1 (page 7-39) contains an update of timelines for homeless projects. Comment 6: Surplus Land Act Sites and Affordability Chapter 4- Page 4-26: "A 15% affordability covenant is required on land sold or leased after no entity responds to the NOA during the 60 days or after price or terms cannot be reached during the 90-day good faith negotiation period. (Gov. Code, §§ 54233)." We hope that the City will contemplate increasing the affordable housing requirement to 20-25% on projects. Additionally, we encourage the consideration of establishing a standard process for community benefit agreements or exploring alternative models for community involvement. Packet Page. 1533 City of San Bernardino Page 3 of 7 • Response: The revised draft housing element shows that residential projects being proposed on surplus sites have well exceeded the minimum affordability requirements. Indeed, several projects are proposing to offer 100% of the rental housing units as affordable to lower income residents. Regarding community benefit agreements and alternative models of community involvement, further clarity is needed to determine the nature of the request and its applicability to the housing element. Comment 7: Environmental Justice and Shelter Overlays Chapter 4- Page 4-40: We express concern regarding emergency overlay areas 3 and 6, which fall within the 76th and 95th percentiles for hazardous waste. To uphold environmental justice principles, the city could consider utilizing infill strategies aimed at mitigating pollution for populations already at risk. • Response: It is important to note that CalEnviroScreen is a screening tool, and is not designed to show where development is feasible or prohibited. It is a tool that can be used to guide further land use investigations and siting. Census tracts can have high pollution scores based solely on their location near permitted land uses or historic hazards, such as underground plumes, which do not necessarily pose a present risk to public health. Furthermore, prior to the approval of any development permit, the proposed project must meet the stringent requirements of CEQA, which includes an analysis of potential hazards that occupants of housing may be exposed to. Projects cannot be approved unless mitigation, if needed, is provided to the satisfaction of state law. Comment 8: Displacement Concerns Chapter 5- Page 5-30-34: The statement regarding problems existing equally between single-family and multiple-family homes contradicts the displacement risk map in Chapter 5. While the EDR model relies on a statistical formula and doesn't pinpoint the cause of displacement, the city must remain vigilant about displacement risks. We propose considering a map that illustrates neighborhoods built during different time frames and how that may or may not be in alignment with the information provided in Chapter 5. To enhance accuracy, the city might explore more precise data sets or conduct canvassing to gather data on the causes of displacement. This approach would enable more effective remediation of housing issues. Response: We agree that data that accurately tracks displacement is lacking and that current mapping methodologies can be speculative. However, new state law (codified as Gov. Code 65583.2(g)(3)) requires cities to ensure that affordable housing is not lost when new developments replace units that were formerly affordable, deed restricted, or occupied by lower income households. All local governments, both charter and general law, are required to abide by this new replacement requirement. Comment 9: Muscoy Chapter 5-Page 5-75: It's positive that the disadvantages of Muscoy and other unincorporated regions are acknowledged. We propose that these areas be considered for rezoning with an agricultural Packet Page. 1534 City of San Bernardino Page 4 of 7 designation, facilitating the construction of additional housing under farmworker housing initiatives. Additionally, providing incentives for residents to establish legal farms could be a valuable strategy. Response: Muscoy was included in the analysis contained within the housing element due to SB244, which requires an analysis of disadvantaged communities within the sphere of influence of a city. However, land use policies for the unincorporated areas are decided upon by the Board of Supervisors. Unfortunately, the City does not have the ability to change land uses or zoning within unincorporated areas, but may comment on proposed projects developed within its sphere of influence. Comment 10: R/ECAP Areas Chapter 5-Page 5-91: Central and West Side San Bernardino, designated as R/ECAP areas, should not bear the majority of low-income housing projects. Instead, the objective should be to decentralize poverty in these regions by exploring construction of low-income housing in areas with more abundant resources. Response: In the most recent revision, the number of R/ECAPs have significantly declined by 2020, though the area is still a lower resource area. The revised Housing Element recognizes the importance of deconcentrating poverty to other higher resource areas. The revised Housing Element proposes a housing mobility strategy (Program 5.7) that includes additional affordable housing in the Northwest through ADUs, greater use of rental vouchers, development of surplus sites, and preservation of at-risk units. Comment 11: Environmental Justice Chapter 6- Page 6-32: There is a section highlighting the City's environmental justice efforts. While we commend these efforts, we are aware that the City initiated a truck route study without a final version for enforcement of these routes. To accurately reflect this, the language could be adjusted to state that the City Staff has initiated a truck route study and will work towards adopting enforceable truck routes. Although we appreciate the ongoing remediation efforts at Casa Ramona, we are uncertain about the specific role of environmental justice concerning this project. Additionally, we believe it's important to highlight collaborative partnerships and work with entities such as So Cal Edison, SBCTA, Omnitrans, etc., especially if there are ongoing projects aimed at reducing pollution and emissions. While recognizing the significance of the efforts already listed, we urge the City to explore alternative strategies to address environmental injustices. This could involve zoning considerations for green zones, providing incentives for contractors using eco-friendly materials in public works and capital improvement projects, and exploring the possibility of purchasing micro-grids in partnership with So Cal Edison to mitigate the impact of rolling blackouts experienced by residents annually. We anticipate making more suggestions when the health/environmental element is released. Response: We would recommend that this be addressed in the Environmental Justice Technical Report or the Circulation Element as it covers the City’s transportation infrastructure and planning. We understand that Just SB Collaborative will also be offering input for other elements in the general plan. Packet Page. 1535 City of San Bernardino Page 5 of 7 Comment 12: Interior Housing Inspection Program Chapter 7-Page 7-15 & 16: We commend the City for the prudent decision to repeal the Multi-Family Crime Free Housing Program. While recognizing the remaining Rental Housing Program Maintenance Standards, which presently focus on the exterior, we acknowledge that additional efforts are needed to establish an inspection program that address interior concerns. It is essential to create a program that not only addresses internal issues but also avoids potential loopholes leading to "renovictions" for all renters. Response: While the habitability of housing is a significant concern, the revised housing element does not recommend the program at this time. Recommendations for an interior inspection program to address housing habitability could be offered for Council consideration prior to adoption of the housing element. Comment 13: Mobile Home Park Assessment Chapter 7-Page 7-20: We hope to see a commitment to collecting data and analyzing the Mobile Home Park Rent Stabilization program. This effort will provide a clear understanding of program effectiveness by the next housing element cycle. We are also appreciative to see the commitment to contracting with fair housing experts to offer tenants education on rent stabilization and just-cause eviction. Response: Mobile home rent stabilization is a complex issue. A program has not been included in the housing element to collect and analyze mobilehome data due to the lack of staffing at this time. However, such an effort could be offered for Council consideration prior to adoption of the housing element. Comment 14: Racially Motivated Rezoning In addition to the comments provided, we express severe concern regarding the zoning outlined in the housing element. While the document acknowledges Valley Truck Farm, a historically black neighborhood, it permits the zoning of this neighborhood and its surroundings as industrial, potentially allowing for logistics industry developments in Southern SanBernardino. The city fails to address how it plans to rectify racially motivated rezoning and the placement of industrial buildings, light industrial structures, and truck routes in areas historically inhabited by minorities or people with lower incomes. Response: The Housing Element does not specifically address airport land use policy and placement of industrial buildings. We recommend addressing this topic in the land use element. Comment 15: Restrictive Zoning We propose reconsidering the minimum unit sizes for the RE zone. Currently set at 1,700 sq ft, we suggest implementing a range of 1,400 – 1,700 sq ft for greater flexibility, especially for infill development where residents and builders may require options tailored to their needs. For Bachelor/Studio units, we recommend a minimum size of 400 sq ft. Allowing smaller studio units could lead to more affordable rents compared to a 500 sq ft studio. Moreover, we find the building height for RH restrictive. We encourage a broader range of units and floors for CR-2 and RH to better Packet Page. 1536 City of San Bernardino Page 6 of 7 accommodate diverse housing needs. The proposed density for both COR-1 and COR-2 zones is deemed insufficient for a major corridor aiming to become a walkable and bikeable community. To foster a vibrant community with a high demand for services like grocery stores, restaurants, and entertainment, we recommend increasing the density to 80+ units per acre. This elevated density would support the creation of a lively and pedestrian-friendly environment. Without achieving this higher density, there is a risk of the E Street Corridor becoming primarily a thoroughfare for cars. While recognizing the importance of cars and the positive impact of public transportation, such as sbX, the current zoning proposals for COR-1 and COR-2 seem incongruent with the city's future planning goals and the desire to diminish reliance on automobiles. Reconsidering and adjusting the zoning to support a more sustainable and walkable community would align with the city's forward-looking vision. The zoning codes in this housing element appear too basic and may not fully meet the community's needs. We seek more information on how the city plans to facilitate developments such as rowhomes, cluster housing, mid-rise, and high-rise housing to address housing demand introduce a more diverse housing supply, and reduce dependency on cars. Response: The City recognizes that the zoning codes may not fully meet the needs of the community nor encourage the type of desired development. The Development Code is being updated to allow for more urban standards and a range of housing products and density levels. This is being done to not only comply with state law with regard to housing, but to also overall broaden the diversity of housing products and designs available and to facilitate other types of desired development within the community. Comment 16: Additional Recommended Programs The letter offers a table with recommended programs for consideration, including: Retrofit pilot program | Homebuyer program | Resilient Buildings Plan TOPA/COPA(Tenant/Community Opportunity to Purchase Act) | Handy worker program Home Enhancement Loan Program (HELP) | REIT, Co-operative and Community Land Trust Rent stabilization/just cause | Green zones | Adaptive reuse ordinance Response: We appreciate the program recommendations offered for the 2021-2029 Housing Element. Currently, the primary constraint in implementing new housing programs is lack of City staff resources. The City is hiring housing and planning staff as quickly as possible to respond to the needs of the development community and implement proposed programs in the housing element. Nonetheless, the programs mentioned above can be brought forward for Council consideration during hearings on the housing element. In addition, on an annual basis (prior to April 1 of each year), the City is also required to review the effectiveness of current programs and revise them or adopt new programs to address unmet community needs. New initiatives can also be brought forward at that time for additional consideration. Packet Page. 1537 City of San Bernardino Page 7 of 7 Best, Mary E. Lanier Interim Community Development and Housing Department Packet Page. 1538 EXECUTIVE DIRECTOR Tessie Solorzano, Esq. BOARD OF DIRECTORS Marvin Powell Jr., President Erica Alfaro, Esq., Vice President Goushia Farook, Esq., Secretary Christina Perez, Treasurer Daniel Aguilar Rebecca Eckley, Esq. Bob Garcia Liliana Garcia Maytorena Xingshuo Liu, Esq. Andrew R. Morand, Esq. Julie D. Neal, Esq. Nithin B. Reddy, Esq. Elaine S. Rosen, Esq. ICLS is a non-profit 501(c)(3) corporation IRS Tax ID 95-6124556 Donations are welcome. Senior Line: 800.977.4257 Toll Free: 888.245.4257 InlandLegal.org Indio P.O. Box 10650 Indio, CA 92202-2563 Executive Office 1040 Iowa Ave., #106 Riverside, CA 92507-2106 Ontario 3500 Porsche Way, #200 Ontario, CA 91764-4941 Riverside 1040 Iowa Ave., #109 Riverside, CA 92507-2106 Victorville 15428 Civic Center Drive, Ste 175 Victorville, CA 92392 SENT VIA EMAIL ONLY November 20, 2023 Travis Martin City of San Bernardino- Community and Economic Development 201 North E Street, 3rd Floor San Bernardino, CA 92401 Re: City of San Bernardino Draft 2021-2029 Sixth Cycle Housing Element (November 2023 Revised Draft) Dear Mr. Martin: Inland Counties Legal Services (ICLS) and The Public Interest Law Project (PILP) submit these comments regarding the City of San Bernardino’s (City) most recent 2021-2029 Sixth Cycle Draft Housing Element (Draft), revised November 2023. Housing Needs, Resources, and Constraints Housing Conditions Government Code 65583(a)(2) requires that the Housing Element provide “an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.” While the Draft provides updated information about the housing conditions in the City based on information received from code enforcement, it may not fully provide information about housing stock conditions in the City since the information from Code Enforcement would be largely based upon those who call code enforcement for assistance and would exclude those who may not call Code Enforcement, such as tenants who experience landlord harassment or indifference, or housing instability caused by evictions who may be living in dilapidated housing conditions and not reporting their living conditions to Code Enforcement. As such, the City should survey housing developers and nonprofit agencies and organizations that may have information to help assess the status of the housing conditions in the City, so that the Draft accurately reflects the status of the housing stock in the City. Packet Page. 1539 2 Land Inventory Matters The Draft continues to heavily rely on pipeline projects to meet its RHNA. As such, per HCD’s request (see 10/2/2023 HCD Findings Letter, p. 2), the Draft needs to include programs with actions that commit to facilitating development and monitoring approvals of the projects, which the Draft still fails to do. Even though the Draft does contain a reference that the City has a program to allow for by-right development on the identified sites when projects propose 20 percent of all units at an affordable rate, there is no analysis of said program nor is there an analysis of how the City will monitor the approvals of the projects. As such, the Draft has not met HCDs request to demonstrate progress in meeting the RHNA, and needs to be revised accordingly. Site Inventory HCD requested that the Draft must identify which sites will be rezoned to allow increased densities in RH and RMH zones described on page 4-23 to accommodate the City’s lower income RHNA. Furthermore, HCD provided that Table 4-1 should be revised to indicate what the City’s RHNA shortfall is, and how these rezones address this shortfall. The Draft purports in Table 4-7 (Draft, p. 4-34), San Bernardino RHNA Status Summary, that they will be 10% above their RHNA for lower income levels, 32% above their RHNA for moderate income levels, and 4% above their RHNA for above moderate-income levels. However, said calculations continue to rely heavily on pipeline projects, without providing adequate analysis of how the City will facilitate development and monitor same. In addition, as outlined below, it is unrealistic for the City to rely on such large numbers of ADUs to meet their RHNA based on the average number of ADUs that the City has produced in recent years. Further, for the proposed rezones to meet the lower-income RHNA identified at Tables 4-5 and 4-6 (Draft, pp. 4-24; 4-27 to 4-31), the City needs to revise the Draft to provide specific actions that the City will take to facilitate and encourage higher-density development because it is not clear from the Draft how the City will accomplish that. Additionally, the City has not analyzed the likelihood of residential development where 100 percent nonresidential uses are allowed. (See 10/2/2023 HCD Findings Letter, p. 3.) Without such specific actions, the City appears not to have sufficient sites designated to meet the RHNA, which would cause it to run afoul of the No Net Loss Law, which requires the City to ensure development opportunities remain throughout the Planning Period. Realistic Capacity We again reviewed the projects in the City’s pipeline for development which is posted on-line here: https://www.sbcity.org/cms/One.aspx?portalId=17442546&pageId=18197247, and discrepancies remain between the pipeline projects listed on the City’s website and those represented in the Draft. Aside from the majority of the City’s pipeline projects are apportioned for above-moderate projects, the Draft claims to have an approximate total of 799 lower-income RHNA Pipeline projects since July 2021 (Draft, pp. 4-5 to 4-6; Table 4-2) Additionally, the Draft claims Permanent Supportive Housing, which would account for 30 units (U.S. VETS Housing) and 85-units (Mary Village) in two projects, respectively, as well as a number of Packet Page. 1540 3 multifamily developments listed (see Draft. pp. 4-8 to 4-9.) However, the City’s website portal that tracks pipeline projects only includes two projects explicitly listed as multi-family residential developments, totaling only 47 units-- the 20 Unit Multi-Family Residential Development on Eastside of Ferndale Avenue; South of East 39th Street; and the 27-unit Multi- Family Residential Complex on North Sterling Avenue (between E. Marshall Boulevard & E. Lynwood Drive). See City of San Bernardino Development Projects, located at the following link: https://www.sbcity.org/cms/One.aspx?portalId=17442546&pageId=18197247. The City should provide more information in the Draft on the claimed projects, including those that have been completed and are approved. Additionally, the Draft only reflects a few RHNA lower-income pipeline sites on its website, with none of those sites corresponding with projects in the Pipeline projects referenced in the Draft. (Draft, pp. 4-8 to 4-9; Table 4-2.) The City must correct these discrepancies to come into compliance with Government Code sections 65583 and 65584. Additionally, if the Draft continues to rely on hundreds of lower income units in the City’s development pipeline, the City must state in the Draft how those units will be affordable. This information is required by law in the Housing Element. (See HCD Sites Inventory Guidebook, p. 5) Further, regarding the publicly subsidized projects contained in Table 4-2, the City should not get credit towards its RHNA for housing that already exists, and to the extent that the City seeks credit against its RHNA for these subsidized housing projects, the Draft must be revised to demonstrate how the City has complied with Government Code section 65583.2(g)(3), which requires that sites that have or have had residential units, but where the units were vacated or demolished within the last five years, do not qualify as sites available to accommodate the RHNA unless replacement housing has been developed and the units are or were: •Subject to recorded covenants restricting rents to lower income households; •Subject to rent control; or •Occupied by very low- or low-income households. City-Owned Sites Although the Draft improves upon the information regarding its treatment of City-owned sites during the planning period, e.g., declaring 14 city-owned sites as surplus and providing information about proposed development plans for surplus lands sites with affordable housing developers such as Jamboree and Mission Communities, along with sites to be designated as surplus in 2024, (see Draft pp. 4-25 to 4-33), Table 4-6, Draft, pp. 4-27 to 4-31, still does not have the requested information to determine the suitability of the sites that the City proposes to use to meet the RHNA. The Table does not include existing uses, particularly for proposed sites as surplus that the City has currently zoned commercial. Additionally, Table 4-6 does not provide affordability levels for the proposed City-owned parcels the City plans to use to meet the RHNA. (See 10/2/2023 HCD Findings Letter, p. 4.) The City must revise the Draft to provide this detail and additional analysis on how it will plan to comply with recent amendments to the noticing and disposal provisions of the Surplus Lands Act, as amended by AB 480, Ch. 788, Stats. 2023, sec. 1, which includes amending the low-income housing set aside for the proposed parcels contained in Table 4-6, to conform to the set aside requirements under Gov. Code section 54220 et seq. Additionally, the Draft should make clear that the rezones will be made complete Packet Page. 1541 4 by April 17, 2024, as HCD cannot find the Element in substantial compliance until the rezones under Government Code sections 65583(c)(1)(A) and 65583.2(h) are complete. Sites with Zoning for a Variety of Housing Types Single-Room Occupancy (SRO) Units The City appears to be de-emphasizing SRO development in favor of a “micro-unit” plan being worked on in conjunction with an unnamed developer. The latest draft of the housing element claims that these “micro-units,” which are estimated to be between 250 and 400 square feet in size, are preferable to SROs because they “are fully self-contained and have on-site supportive services available.” The draft housing element also does not contain any concrete plans regarding efforts to incentivize SRO construction, instead stating that the city will “[i]nterview SRO/micro- unit developers and propose ordinance revisions for consideration to the city council to incentivize both housing types.” The apparent lack of focus on SROs in the draft housing element is justified with the claim that “there is a limited housing market for SROs.” The city’s interest in developing these “micro-units” while de-emphasizing efforts to build SROs is concerning, as SROs are subject to special development standards designed to assist elderly and disabled residents (e.g. being located away from establishments such as liquor stores, being located within ¼ of a mile from bus stops); these “micro-units” may not be subject to the same or similar standards. The city should explain in more detail why “micro-unit” construction is being favored over SRO construction, directly address whether “micro-units” will meet the same or similar development standards as SROs, and go into more detail regarding material and procedural constraints that might impact SRO development. Accessory Dwelling Units (ADU) While we are pleased to see that the City has made changes to the Draft to reflect HCD’s request to revise its ADU ordinance to adhere to state law requirements (10/2/2023 HCD Findings Letter, p. 5), we remain concerned that the City continues to propose an unrealistic number of ADUs for development during the planning period. Previously, the Draft stated that the City will plan to develop 1200 ADUs over the planning period. HCD found this proposal to be unrealistic given that since 2020, the City has only produced an average of 86 ADUs per year. (10/2/2023 HCD Findings Letter, p. 4.) Additionally, the City does not provide sufficient information about the affordability levels of the 200 ADUs the City states it permitted in the first nine (9) months of the year. In this version of the Draft, the City estimates that it will build an even higher number of ADUs over the planning period – 1,704. (Draft, p. 7-9) However, the City fails to provide any data to support that it can (a) build this number of ADUs over the planning period given the few numbers of units they have so far and (b) whether it will have a sufficient number of sites over the planning period to accommodate a sufficient number ADUs at the level of affordability needed to accommodate the lower- and moderate-income RNHA. Further, even though the Draft indicates that the City will adopt incentives to develop these ADUs, the Draft does not state what those incentives are, and the Draft does not outline how it will monitor for production and affordability, particularly whether the proposed new units that the City states it will plan to develop over the planning period will be rental housing. The ADUs Packet Page. 1542 5 proposed to be built may not function in the same way as ADUs previously built. Accordingly, the Draft must provide information and analysis on how the City will ensure that this type of housing stock will adequately meet the needs of renters who need affordable housing in the City. Moreover, Program 1.5 (Draft, p. 7-9), the Draft states that “if ADU production or affordability falls 25 percent below target for two calendar years, rezone sites to address the shortfall within 6 months.” (Ibid.) Under the No-Net Loss Law codified at Government Code section 65863, the City has a duty to maintain adequate sites throughout the planning period, such that waiting until six months to address a shortfall in development may cause the City to run afoul of the requirement to maintain adequate sites as required under Section 65863. Accordingly, the City should consider scaling back the number of ADUs to a realistic number or provide additional information to support that the City can indeed build that number of ADUs over the planning period. Analysis of Existing Housing Developments Eligible to Convert to Non-Low-Income Housing We appreciate the inclusion of additional information to assess the conversion risk of affordable housing developments in the City, as required by Government Code section 65583(a)(9), and as requested by the 10/2/2023 HCD Findings Letter (see p. 8). However, the Draft needs to include additional information regarding whether the Housing Authority of the County of San Bernardino will intend to renew the vouchers of the Maplewood Apartments, which has an expiration year of 2026, to determine whether these apartments, which are PBV-subsidized, are truly at low-risk of conversion. Additionally, regarding Housing Authority owned properties, the Draft should include additional specifics on how the Housing Authority intends to preserve the PBV vouchers and comply with 24 CFR Part 983, et seq., based on the expected year of conversion of those properties as reflected in the Draft. The Draft Does Not Completely Analyze the Potential and Actual Governmental Constraints on the Development of Housing as Required by Government Code section 65583(a)(5) Land Use Controls HCD requested that the City amend the element to “analyze land use controls independently and cumulatively with other land use controls. The analysis should specifically address requirements related to cover parking, lot coverage requirements, and limits on allowable densities in each zone that allows residential development.” (10/2/2023 HCD Findings Letter, p. 5.) However, the Draft does not include full information on the limits on allowable densities in each zone that allows for residential development. (See Draft, at Tables 3-1 to 3-3, pp. 3-3 to 3-5.) The City should revise the Draft to include this information and densities present any governmental constraint on the development of multi-family housing in the City, as well as address how the City will remove the constraint. The Draft must also analyze how including an impermissible administrative constraint of a conditional use permit (CUP) in violation of Government Code section 65915, on senior/congregate housing eligible for a density bonus has impacted its ability to develop shelter for this special needs population in the City. (See Draft, p. 2-28; Table 3-1, p. 3-3.) In this regard, the City must revise the Draft and specifically state that it will comply with Packet Page. 1543 6 the stipulated judgment reached in Gracia v. City of San Bernardino, CIVSB2301828 (filed February 10, 2023) (Gracia). The City should include a footnote indicating that, per the stipulated judgment reached in Gracia and subsequent city directive, the City will no longer require a CUP for senior/congregate housing projects seeking density bonus approval, and the City’s revisions to its local density bonus ordinance will comply with the Density Bonus Law, as amended. Additionally, the link to evaluate the projects contained in Table 3-3 regarding the Specific Plans with Residential Zones does not work. The City needs to revise the Draft and provide a functioning link for the public to examine the veracity of the data provided by the City for these specific plans included in the Draft. Processing and Permit Procedures Contrary to what the City asserts in the Draft, the San Bernardino Municipal Code (SBMC) in its current format, does not allow the development of emergency shelter by right. Indeed, a review of the SBMC at Chapter 19.10-E shows that the City currently requires a CUP or Development Permit to develop emergency shelter in the ES Overlay Zone, which the City represents as the area of the City where it permits by-right shelter development. (See Table 6.01, San Bernardino Mun. Code Ch, 19.06; Table 8.01 San Bernardino Mun. Code Ch. 19.08.020). Pursuant to the Draft, the City does not permit the development of emergency shelter in any area zoned residential. (Draft, Table 3-4, p. 3.6) The Draft must analyze how these processing and permit procedures have constrained the development of housing in the City. (Gov. Code §65583(a)(5)). Codes and Enforcement While we appreciate the City’s amendments to this section of the Draft to clarify the scope of the inspections for multifamily housing units in the City and to Program 3.4, regarding affordable housing projects funded by HOME and NSP funds, the Draft should assert, including in Program 3.4 that the City will analyze its housing codes and enforcement programs to ensure compliance with state and federal fair housing law, which is consistent with the duty to affirmatively further fair housing under Government Code section 8899.50, as affirmed in Martinez v. City of Clovis (2023) 90 Cal.App.5th 193 (Martinez). Additionally, Program 3.4 contains a typographical error regarding the applicable CFR code for inspections for HOME-funded programs—it should be 24 CFR section 92.504(d), and not Federal CFR 92.504(d) as currently reflected in the Draft. (Draft, p. 7-16) Zoning and Fees Transparency Even though the Draft provides information about required fees for single-family and multi- family housing development, it does not analyze the impacts of these fees as potential constraints on housing supply and affordability as required by Government Code section 65583(a)(5), which requires the Housing Element to analyze governmental and non-governmental constraints on the development of housing. Nor does the Draft provide additional information regarding the Packet Page. 1544 7 average of the development fees but there is no additional information as to the average cost of these fees and their impact on feasibility of single-family or multifamily development. Rather, the Draft summarily concludes that the development and exaction fees do not constrain housing. (Draft, p. 3-59), without any information or data to support that conclusion. Further, the City should revise Program 2.3 (Development Fee Study), Draft, p. 7-12 to include a goal that it “may offer deferrals for any development fee with approval of City Council if they find that such a deferral would help improve or make project financing better,” (Draft, p. 3-59), This change acknowledges that these fees present a governmental constraint and that the City is committed to doing something to address it. Additionally, the link for Step 1 Access General Plan and Zoning in Table 3-19, Draft, p. 3-63 (AB 1483 Required Documents and Website Access), is a broken link. The City needs to revise the Draft to provide accessibility to all links regarding zoning and fees transparency consistent with the HCD finding to “clarify its compliance with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website.” (10/2/2023 HCD Findings Letter, p. 7.) Fees and Exaction Even though the City has revised the Draft to provide required fees for single- and multi-family development, the Draft should make clear whether the fees contained in Tables 3-16 to 3-18, Draft, pp. 3-59 to 3-61 are current since they are not current. Additionally, the City has not included any information or analysis of the impact of these required fees upon the cost and supply of residential development as requested by HCD (see 10/2/2023 Findings Letter, p. 6.) Presently, the City concludes, without analysis that the required fees contained in Tables 3-16 to 3-18, Draft, pp. 3-59 to 3-61 do not constrain development. The City needs to revise the Draft to analyze whether these listed fees administratively constrains development in the City as required by Government Code section 65583(a)(5). Approval Time and Requests Lesser Densities Although the Draft now includes information about approval times for the development of single- and multi-family development, it is clear from the description of the projects contained in the Draft at p. 3-62, that the projects are not subject to the same approval time length, with multi- family developments taking about four months longer to process, approve, and issue permits as compared to single-family developments. Government Code section 65583(a)(5) requires the Housing Element to conduct “[a]n analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. . .” Here, the Draft does not address the hinderance presented by this approval process, nor does the Draft analyze the impacts upon the supply of Packet Page. 1545 8 residential development by having a process that ranges from one to one and one-half years to develop single- family and multi-family development in the City as required by Section 65583(a)(5). The City must analyze this constraint and include a corresponding program in the Draft on how it will plan to address the disparity between the approval and processing times for residential development in the City. (See 10/2/2023 HCD Findings Letter, pp. 7, 8.) The Draft Fails to Properly Analyze Environmental Constraints The environmental constraints section of the Draft is virtually identical to the previous iterations of the Draft, and as such suffers from all of the same issues identified in our previous comment letters of June and September 2023, by most pertinently failing to relate the environmental constraints to identified sites where the City plans to develop housing, including sites identified as potential for emergency shelter development. For instance, the Draft describes a variety of potential environmental hazards which may affect the City at large, but it fails to relate these conditions back to any identified sites for development or to specific types of housing, such as ADUs or SROs. It also limits its discussion of hazards to flooding, wildfire, and earthquakes, without addressing any other known environmental constraints (e.g., water supply or hazardous waste) which could impact housing development on the identified sites. The City’s emergency overlay sites illustrates these concerns. As mentioned in previous comment letters, sites 3 and 6, which fall within the 76th and 95th percentiles for hazardous waste, and the City has failed to consider the environmental constraints imposed on the potential to develop these sites for housing for those in need of emergency shelter. The City should revise the Draft to address these concerns as they relate to both the identified sites and the types of housing that will be developed on said sites, as well as consider using environmental justice principles such as infill strategies that are aimed at mitigating pollution for populations who are already at risk. The Draft Still Suffers from Deficiencies Concerning the Duty to Affirmatively Further Fair Housing We appreciate the revisions to the AFFH chapter to provide additional information regarding the racial and ethnic makeup of the City as well as outreach efforts with the Inland Fair Housing Mediation Board, as well as the new section on disadvantaged incorporated areas in the City at page 5-83 of the Draft. Additionally, the City added a section about economic and educational disparities, information about educational attainment relative to other communities, and environmental conditions. (See Draft, pp. 5-40, 5-43, and 5-52). Notwithstanding, the Draft contains deficiencies concerning AFFH and needs to be revised to bring the Draft within substantial compliance under Government Code section 8899.50. For instance, even though the City revised the Draft to specifically denote the westside and central/downtown area of the City as Racial/Ethnic Areas of Concentration of Poverty (R/ECAPs), the Draft still fails to analyze the conditions of the neighborhoods relative to quality of life or describe past strategies related to equitable quality of life. In the Draft, the City states that the increase in R/ECAPs is unclear (Draft, p. 5-10), but relies upon older information in its discussion of the R/ECAPs. The City should survey community groups and organizations that work in those areas to obtain recent data and information that could shed light on why R/ECAPs Packet Page. 1546 9 have increased in the City. Central and Westside San Bernardino, which the City has designated as R/ECAP areas, should not bear the majority of low-income housing projects. The objective should be to decentralize poverty from these regions by exploring the construction of low- income housing in areas of the City with more abundant resources. (See Gov. Code §8899.50(a)(1); see also HCD AFFH Guidance (April 2021 Update), p. 48.) Additionally, the Draft does not evaluate Racially Concentrated Areas of Affluence (RCAA). HCD requested that the City analyze higher resources and areas of the City that could promote housing mobility and housing opportunity. (10/2/2023 HCD Finding Letter, p. 1). Specifically, HCD directed the City to analyze higher resource areas such as Verdemont as a location to site lower-income housing, but the Draft does not conduct this analysis. The City should revise the Draft and analyze this region along with other higher-income regions of the City where the City could develop housing opportunity. Concerning disproportionate housing needs, including displacement risk, the Draft does not identify any place-based strategies with specific goals and timelines to address disparities to access of housing opportunity in the City. (See 10/2/2023 HCD Finding Letter, p. 1.) And while the City revised their AB 686 sites analysis by adding language related to the location of certain tracts within the City and changing the figures of allocated units in the City areas, the Draft does not fully analyze either the location of those sites or affordable opportunities in high resource areas as required by Gov. Code 8899.50. The City mentions contributing factors that the Housing Element must analyze at page 5-105 of the Draft, but does not fully analyze what factors are contributing to impediments to fair housing in the City. There also appears to be a typographical error in the Draft regarding the location of this information—the Draft cites to Table 5-24, which relates to Westside programs when presumably the City means Table 5-29. (Ibid.) Finally, while the City added additional information to its goals, priorities, metrics, and milestones, at Table 5-29, at pages 5-111 to 5-114, that revised table does not specifically address housing mobility enhancement, new housing choices and affordability in high opportunity areas, or discuss place-based strategies for community preservation and revitalization and displacement protection in the City. (See 10/2/2023 HCD Findings Letter, p. 2.) The City must revise the Draft to provide this information. Other Local Ordinances Density Bonus Ordinance We appreciate that the City has directed staff to adhere to state law in processing density bonus applications, and plans to adhere to the stipulated judgment reached in Gracia v. City of San Bernardino. Further, the addition of information in Table 3-8 (Draft p. 3-27), assists the public in understanding the deficiencies contained in the local density bonus ordinance when compared against state law. However, the Draft does not inform or analyze the constraints presented on the development of housing by those applicants seeking a density bonus who were subjected to outdated and illegal provisions of the local density bonus ordinance as requested by HCD. (10/2/2023 HCD Findings Letter, p. 7) The City should revise the Draft accordingly to provide this information. Packet Page. 1547 10 Anti-Camping Ordinance Consistent with the HCD finding at page 7 of the 10/2/2023 Findings Letter, the City should further revise the Draft to specifically state how enforcement of the anti-camping ordinance impacts trust of those experiencing houselessness in the City’s ability to assist them with getting housed and how the City will comply with its AFFH duty to improve conditions for the unhoused and mitigate the displacement risk associated with enforcement of anti-camping ordinances. (See 10/2/2023 HCD Findings Letter, p. 7; Gov. Code section 8899.50(a)(1); HCD AFFH Guidance Memo, (April 2021 Update), p. 40; California Statewide Study of People Experiencing Homelessness, Chapter 3: Experiences During Homelessness (discussing impacts of confiscations and forced displacements of the unhoused), available at CASPEH_Report_62023.pdf (ucsf.edu), last accessed on November 15, 2023.) Housing Programs Although the City has made marked improvement to this section of the Draft, many of the time periods identified in Table 7-1 lack discrete timing (month and year) as requested by HCD in the 10/2/2023 Findings Letter. Given that the City is quite tardy, i.e., over two years late in adopting its Sixth Cycle Housing Element Update, the City must revise those programs that have amorphous timing designations such as “ongoing,” “mid-2024,” to help assess the viability of the City to complete program goals over the Planning Period. Program 1.5 Accessory Dwelling Unit, Draft, pp. 7-9, 7-29; Program 2.7 Constraints to A Variety of Housing, Draft, pp. 7-23. 7-31: In addition to the revised goals noted in the Draft, the City should revise the goals for this program to include the specific accessibility, affordability, and housing code requirements for ADUs to help assess the feasibility of this program to meet the needs of lower-income residents who live in the City and who are in need of housing to access them, especially considering the City’s extensive reliance upon this type of housing to meet the City’s housing needs as contained in the Draft. Additionally, although the Draft contains data showing that ADU construction increased following the adoption of the City’s ADU ordinance (MC-1559) in 2021, the ordinance in its current form may still be inconsistent with State statutory requirements. The Draft acknowledges this deficiency and states that the City will “periodically review and revise ADU regulations for consistency with state law;” however, these Programs do not specify how frequently these reviews will take place, nor does it provide a deadline for the revision of local ordinances in the event that said review uncovers deficiencies. The City should revise the Draft to specify the frequency of these periodic reviews (e.g., once every year) and to provide a deadline for finalizing and implementing revised ordinances if a review finds that current regulations are inconsistent with state law (e.g., April 1 of the year following review). Program 3.5: Violence Prevention/Intervention, Draft, pp. 7-17, 7-34: As we have mentioned in our comment letters of September 5, 2023, and June 12, 2023, we object to the use of a neighborhood watch program to address crime and violence in the City. Apart from encouraging Packet Page. 1548 11 vigilantism as documented in national cases involving the senseless deaths of Black people at the hands of their neighbors (e.g., Trayvon Martin, Atatiana Jefferson, Aijke Owens, and countless others), neighborhood watch programs have been disproportionately used to monitor the movement of communities of color in and out of racially exclusive enclaves. We are also concerned that such a program will be used to illegally exclude persons who have had negative interactions with law enforcement, such as an arrest, or who are returning home following involvement with the criminal legal system from living in the City. Accordingly, this proposal to consider the feasibility of a neighborhood watch program presents fair housing concerns as it conflicts with City’s statutory duty to take “meaningful actions” to “address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.” (Gov. Code 8899.50(a)(1); Martinez, supra, 90 Cal.App.5th at p. 285-86.) The City must eliminate this objective altogether. Further, the City should amend objective 3.5b to specifically earmark more funds for community- based programs that can assist with stemming crime and violence in the City. The City should make the proposed funds to programs aimed at at-risk youth the same as funds given to the police for community policing. Additionally, the City can and should involve the public in the process of determining how much funding should be allocated to programs that provide alternative ways to ameliorate crime and violence that do not involve police. In this regard, the City can and should survey community collaboratives such as Just 4 San Bernardino, a collaborative of at least eight community organizations with members who have lived experiences that can assist the City with identifying alternative strategies to crime prevention that are informed from members of the public. Program 4.1 Preservation of Assisted Multi-Family Housing, Draft, pp. 7-20, 7-36: The City should revise this program to specifically include an objective to provide tenant education about conversion notices they may receive as the affordability covenants on the properties where they live are set to expire. This tenant assistance is particularly critical for those tenants who are part of special needs populations such as seniors, people living with disabilities, and those who are limited English proficient. As such, the City should amend Objective 4.1b to read “Coordinate with property owners to ensure conversion notices to tenants are sent out at three intervals: 3 years, 1 years, and 6 months of the affordable covenant expiration date, and simultaneously provide tenants who have received conversion notices with tenant education and resources where they may receive legal assistance/information about their rights, and information of the City entity to whom they may lodge a complaint regarding violations of federal and state law, including without limitation, the Notice Preservation Law, Gov. Code section 65863.10, et seq.” Program 4.2: Rent Control/Stabilization, Draft pp. 7-21; 7-36: The City needs to revise this Program to specifically state how its existing mobilehome rent stabilization program will protect residents living in mobile home parks who are not covered by the Mobile Home Park Residency Law. The City should include (1) Rent control for mobile home park residents who live in parks Packet Page. 1549 12 constructed after January 1, 1990; and (2) Rent control and just cause eviction rights for tenants who rent both the mobile home and the space. (SB 940, Stats. 2022, Ch. 666). Further, the City must revise this program to specifically include an objective or a separate program with discrete timing (month and year) and identity of responsible city agency that articulates how the City will comply with state law regarding mobilehome park conversion and closure and address rent stabilization and preservation issues for City residents at risk of displacement from the City’s mobilehome parks who could experience displacement from any one of the City’s mobilehome parks. Additionally, the City should revise the following sentence to make it clearer for tenants whose tenancies fall under the Tenant Protection Act: It also imposes “just cause” eviction requirements that apply after residents have occupied the unit for tenants who have either continuously and lawfully occupied the residential rental unit for 12 months or more, or in the case of the addition of an adult tenant, where one or more of the tenants have continuously and lawfully occupied the residential rental unit for 24 months or more. Additionally, given the impacts of evictions on lower-income residents in the City, generally and during the COVID-19 pandemic and the millions of dollars given to the City to aid tenants in need of emergency rental assistance as identified in the Draft (see Draft, p. 2-53; Program 4.4, Draft p. 7-21), the City should include an objective to enact a rent stabilization ordinance in the City and identify a timeline for Implementation of same. Program 4.3 Housing Choice Vouchers, Draft pp. 7-21; 7-36: Given the high number of people who rely upon a Section 8 voucher to subsidize their rent (see Draft, p. 2-52), the City should revise the following objective regarding voucher utilization rates as follows: Improve utilization of vouchers by providing adequate marketing and educational materials to residents, tenants, landlords, and property managers, including without limitation, information on inspection times/requests for tenancy approval/portability requests; and providing information source of income protections under Government Code section 12955(p) and California Code of Regulations, Tit. 2, section 12140 et seq., and Small Area Fair Market Rents. Program 4.4 Emergency Rental Assistance, Draft, pp. 7-21; 7-36: As outlined in the Draft, the City stated that COVID-19 severely impacted its residents. Yet, the City states that it will plan to phase out this program by the end of 2023 (Draft, p. 7-33). This is concerning, given the extremely high percentage of the City’s residents who receive emergency rental assistance—90% of Hispanic or African Americans with one to five members of their households. (Draft, p. 7-21). This Program should commit the City to establish permanent funding for this Program, identify a clear amount of funding which will be allocated, and commit to permanent implementation of this program to address the ongoing housing needs of the City. The City should not wait until they close out the 6,950 tenants currently assisted through the City’s emergency rental assistance program. The City should develop it now or while that existing program is ongoing. Packet Page. 1550 13 Public Participation As the City continues to revise the Draft to bring it within substantial compliance with the Housing Element Law, the City must continue to solicit the public’s participation in this process as required by Government Code section 65583(c)(9). While the City acknowledges the public participation requirements as set forth in AB 215 (Ch. 342, Stats. 2021), the Draft still does not describe the efforts the City undertook to achieve public participation of all economic segments of the community to develop the Draft as required by Section 65583(c)(9). Even though the Draft includes information about community concerns about the crime-free program, which the City acknowledges receipt and use of to eliminate its most harmful provisions, the Draft contains no information about the extensive comments the City received from the public about the City’s anti- camping ordinances and treatment of those who are without shelter in the City. Indeed, in addition to comment from our offices, the City received extensive comment from the ACLU and other community groups in the City that are not reflected in this version of the Draft, as well as from the Just 4 San Bernardino Collective, representing several community organizations in the City about administrative and environmental constraints upon housing development in the City. The City should revise this section of the Draft to include a summary of the comments received regarding the Draft and how the City has addressed those comments. The City’s Draft still does not substantially comply with Housing Element Law and we urge the City to revise the Draft accordingly so that it may comply with the law. We are happy to schedule time to speak with you about or comments and concerns about the Draft. Please contact us at vanaya@icls.org or akim@icls.org, to schedule a date and time to meet about our comments. Sincerely, Vivian Anaya Staff Attorney, Inland Counties Legal Services Ugochi Anaebere-Nicholson Staff Attorney, The Public Interest Law Project Packet Page. 1551 290 North D St, San Bernardino, CA 92401 | P: 909-384-5357 | www.SBCity.org Community & Economic Development Department January 16, 2024 SENT VIA EMAIL ONLY vanaya@icls.org uanaebere-nicholson@pilpca.org Ms. Vivian Anaya Staff Attorney, Inland Counties Legal Services Ms. Ugochi Anaebere-Nicholson Staff Attorney, The Public Interest Law Project Re: City of San Bernardino Draft 2021-2029 Sixth Cycle Housing Element Dear Ms. Anaya and Ms. Anaebere-Nicholson: Thank you for your comment letter on the City of San Bernardino Draft 2021-2029 Sixth Cycle Housing Element dated November 20, 2023. An abbreviated summary of each of your comments is provided, followed by the City’s response. 1. Housing Conditions While the Draft provides updated information about the housing conditions in the City based on information received from code enforcement, it may not fully provide information about housing stock conditions since information from Code Enforcement would be largely based upon those who call code enforcement for assistance and would exclude those who may not call Code Enforcement, such as tenants who experience landlord harassment or indifference, or housing instability caused by evictions who may be living in dilapidated housing conditions and not reporting their living conditions to Code Enforcement. As such, the City should survey housing developers and nonprofit agencies and organizations that may have information to help assess the status of the housing conditions, so that the Draft accurately reflects the status of the housing stock in the City. Response: The City’s Code Enforcement Division staff are in the community on a daily basis and are able to observe housing conditions citywide. While their efforts are primarily complaint-driven, they do see the surrounding properties when visiting a specific location. Their insight, along with that of the building inspectors, is beneficial in providing a good overview of housing conditions throughout the city. The City also interviewed Legal Aid, which has been conducting tenant/landlord workshops, and contacted the Inland Fair Housing Mediation Board (IFHMB). Housing condition data is provided in Packet Page. 1552 City of San Bernardino Page 2 of 16 Chapter 5 (substandard housing and fair housing complaints) and Chapter 6 of the draft housing element. That said, to provide more specific information that can be useful in allocating resources, Program 3.1, Housing Rehabilitation, commits the City to con duct a housing survey (See Action 3.1 d). 2. Land Inventory Matters The Draft continues to heavily rely on pipeline projects to meet its RHNA. As such, per HCD’s request (see 10/2/2023 HCD Findings Letter, p. 2), the Draft needs to include programs with actions that commit to facilitating development and monitoring approvals of the projects, which the Draft still fails to do. Even though the Draft does contain a reference that the City has a program to allow for by- right development on the identified sites when projects propose 20 percent of all units at an affordable rate, there is no analysis of said program nor is there an analysis of how the City will monitor the approvals of the projects. As such, the Draft has not met HCDs request to demonstrate progress in meeting the RHNA, and needs to be revised. Response: State law allows pipeline projects to be credited toward the RHNA, provided certain criteria are met. The City has been successful in seeing more than 90 percent of pipeline projects advancing past the approval stage and nearly 50% having been built or are under construction in the past two years. To continue this success, the revised draft element already includes an action under Program 2.5, Permit Facilitation. Action 2.5c: Monitor projects; for ones not moving forward, contact developers to ascertain issues, facilitate entitlements, and assist in extensions. 3. Site Inventory (A) HCD requested that the Draft must identify which sites will be rezoned to allow increased densities in RH and RMH zones described on page 4-23 to accommodate the City’s lower income RHNA. (B) Furthermore, HCD provided that Table 4-1 should be revised to indicate what the City’s RHNA shortfall is, and how these rezones address this shortfall. The Draft purports in Table 4-7 (Draft, p. 4-34), San Bernardino RHNA Status Summary, that they will be 10% above their RHNA for lower income levels, 32% above their RHNA for moderate income levels, and 4% above their RHNA for above moderate-income levels. (C) However, said calculations continue to rely heavily on pipeline projects, without providing adequate analysis of how the City will facilitate development and monitor same. (D) In addition, it is unrealistic for the City to rely on such large numbers of ADUs to meet their RHNA based on the average number of ADUs that the City has produced in recent years. (E) Further, for the proposed rezones to meet the lower-income RHNA identified at Tables 4- 5 and 4-6 (Draft, pp. 4-24; 4-27 to 4-31), the City needs to revise the Draft to provide specific actions that the City will take to facilitate and encourage higher-density development because it is not clear from the Draft how the City will accomplish that. (F) Additionally, the City has not analyzed the likelihood of residential development where 100 percent nonresidential uses are allowed. (See 10/2/2023 HCD Findings Letter, p. 3.) Without such specific actions, the City appears not to have sufficient sites designated to meet the RHNA, which would cause it to run afoul of the No Net Loss Law, which requires the City to ensure development opportunities remain throughout the Planning Period. Response: A. Housing sites proposed for rezoning to either RMH-32 and RH-50 to address the lower income RHNA are provided in Table 4-5 (Infill Parcels for Rezone to Accommodate Lower Income RHNA) and Table 4-6 (Surplus Opportunity Sites to Accommodate the RHNA). Table 4-7 (pages 4-35) Packet Page. 1553 City of San Bernardino Page 3 of 16 provides the RHNA shortfall before rezoning actions are implemented, as well as the additional development (units) capacity that will be made possible through rezoning and surplus sites. B. See response above. C. See response in Item #2, Land Inventory. D. ADU production can be estimated by methods other than the cited “safe harbor” approach. Future ADU projections are based on the number of units permitted, future estimates on permit submittals from developers, and an existing backlog of ADUs awaiting approvals. E. City is rezoning sites at higher densities to facilitate the development of affordable housing. In addition to density incentives, the Housing Plan contains additional programs that incentivize development, including regulatory concessions, density bonuses, off-site infrastructure, etc. See Program 4.6, which also provides additional commitments for affordable housing projects. F. The Element documents that all sites proposed for housing to meet the lower income requirement of the RHNA will be rezoned for housing; none of the proposed housing sites will allow commercial or nonresidential uses. The comment is, therefore, no longer relevant. 4. Realistic Capacity We again reviewed the projects in the City’s pipeline for development which is posted on -line here: https://www.sbcity.org/cms/One.aspx?portalId=17442546&pageId=18197247, and discrepancies remain between the pipeline projects listed on the City’s website and those represented in the Draft. Aside from the majority of the City’s pipeline projects are apportioned for above-moderate projects, the Draft claims to have an approximate total of 799 lower-income RHNA Pipeline projects since July 2021 (Draft, pp. 4-5 to 4-6; Table 4-2) Additionally, the Draft claims Permanent Supportive Housing, which would account for 30 units (U.S. VETS Housing) and 85-units (Mary Village) in two projects, respectively, as well as a number of multifamily developments listed (Draft. pp. 4-8/4-9/). However, the City’s website portal that tracks pipeline projects only includes two projects explicitly listed as multi-family housing, totaling only 47 units-- the 20 Unit Multi-Family Residential Development on Eastside of Ferndale Avenue; South of East 39th Street; and the 27-unit Multi- Family Residential Complex on North Sterling Avenue. See City of San Bernardino Development Projects https://www.sbcity.org/cms/One.aspx?portalId=17442546&pageId=18197247. The City should provide more information on the claimed projects, including those completed and approved. The Draft only reflects a few RHNA lower-income pipeline sites on its website, with none of those sites corresponding with projects in the Pipeline projects referenced in the Draft. (Draft, pp. 4-8 to 4-9; Table 4-2.).Additionally, if the Draft continues to rely on hundreds of lower income units in the City’s development pipeline, the City must state in the Draft how those units will be affordable. This information is required by law in the Housing Element. (See HCD Sites Inventory Guidebook, p. 5) Response: The City’s webmap is not intended to be an exhaustive list of housing projects, but only a sample. The Element relies on housing projects from the City’s permit database, supplemented by information from City staff. Based on that, Table 4-2 was updated to include the status of projects, characteristics, affordability, and expected date of completion. Project descriptions were revised to include funding sources that guarantee affordability and occupancy to lower-income households. Tables 4-5 and 4-6 and accompanying descriptions of affordable projects include funding restrictions. 5. Publicly Subsidized Project Credit Further, regarding the publicly subsidized projects contained in Table 4-2, the City should not get credit towards its RHNA for housing that already exists, and to the extent that the City seeks credit against its RHNA for these subsidized housing projects, the Draft must be revised to demonstrate Packet Page. 1554 City of San Bernardino Page 4 of 16 how the City has complied with Gov. Code 65583.2(g)(3), which requires that sites that have or have had residential units, but where the units were vacated or demolished within the last five years, do not qualify as sites available to accommodate the RHNA unless replacement housing has been developed and the units are or were: subject to recorded covenants restricting rents to lower income households; subject to rent control; or occupied by very low- or low-income households. Response: Per HCD, only housing projects where a certificate of occupancy will be issued after July 1, 2021, are credited toward the 2021-2029 RHNA. Several affordable projects were completed after that date. The Arrowhead Grove project, the former Waterman Gardens, required the demolition of all existing units and, as a RAD demonstration project, required one-for-one replacement as approved by HUD. City staff are not aware of sites that have rent-controlled units, restricted housing, or housing being occupied by lower-income residents being demolished to make way for new non-affordable housing. The City will comply with replacement requirements per Gov. Code 65583.2(g)(3) and 65915(C)(3). 6. City-Owned Sites Although the Draft improves upon the information regarding its treatment of City-owned sites during the planning period, it still does not have the requested information to determine the suitability of the sites that the City proposes to use to meet the RHNA. (A)The Table does not include existing uses, particularly proposed sites as surplus that the City has currently zoned commercial. In addition, Table 4-6 does not provide affordability levels for the proposed City-owned parcels that will be used to meet the RHNA. (See 10/2/2023 HCD Findings Letter, p. 4.) The City must revise the Draft to provide this detail and include (B) additional analysis on how it will plan to comply with recent the noticing and disposal provisions of the Surplus Lands Act, as amended by AB 480, which includes amending the low-income housing set aside for the proposed parcels contained in Table 4-6, to conform to the set aside requirements under Gov. Code section 54220 et seq. (C) Additionally, the Draft should make clear that the rezones will be made complete by April 17, 2024 Response: A. An electronic sites inventory was sent to HCD at: sitesinventory@hcd.ca.gov. This spreadsheet includes about 600 parcels that can accommodate housing and includes APN, existing use, zoning, density, units, affordability levels, and other information. B. Program 1.4, action 1.4a commits the City to dispose of RDA sites (Table 4-6) in compliance with SLA, advertise surplus land for sale on the City's website, and consider and award bids to affordable housing developers. Sell sites and dispose of them to qualified developers. C. Program 1.1 indicates that the City will complete the rezones concurrent with the housing element adoption. Program action 1.4b commits to rezoning the surplus sites by April 17, 2024. The City intends to adopt the housing element prior to the stipulation judgment dates. 7. Single-Room Occupancy/MicroUnits The City appears to be de-emphasizing SRO development in favor of a “micro-unit” plan being worked on in conjunction with an unnamed developer. The latest draft of the housing element claims that these “micro-units,” which are estimated to be between 250 and 400 square feet in size, are preferable to SROs because they “are fully self-contained and have on-site supportive services available.” (A) The draft housing element also does not contain any concrete plans regarding efforts to incentivize SRO construction, instead stating that the city will “[i]nterview SRO/micro-unit developers and propose ordinance revisions for consideration to the city council to incentivize both housing types.” The apparent lack of focus on SROs in the draft housing element is justified with the Packet Page. 1555 City of San Bernardino Page 5 of 16 claim that “there is a limited housing market for SROs.” (B) The city’s interest in developing these “micro-units” while de-emphasizing efforts to build SROs is concerning, as SROs are subject to special development standards designed to assist elderly and disabled residents (e.g. being located away from establishments such as liquor stores, being located within ¼ of a mile from bus stops). (C) The city should explain why “micro-unit” construction is favored over SRO construction, directly address whether “micro-units” will meet the same or similar development standards as SROs, and go into more detail regarding material and procedural constraints that might impact SRO development. Response: The City is not de-emphasizing SROs and will welcome opportunities for conversations with developers who are interested in that product type. One of the developers interested in an SLA property expressed interest in a microunit concept, which the City staff supports this new concept. A. Mission Communities has been awarded surplus sites to build micro-units. It is premature to recommend SRO/MicroUnit development incentives until developer interviews occur. B. The City Municipal Code does not state that SRO standards were designed and intended to address the needs of seniors and disabled individuals (e.g., “location away from a liquor store”). C. Micro-units with services onsite, particularly those integrated within existing residential neighborhoods, are responsive to the needs of seniors and people with disabilities. 8. Accessory Dwelling Units (ADU) (A) …….Previously, the Draft stated that the City will plan to develop 1200 ADUs over the planning period. HCD found this proposal to be unrealistic given that since 2020, the City has only produced an average of 86 ADUs per year. (10/2/2023 HCD Findings Letter, p. 4.) (B) Additionally, the City does not provide sufficient information about the affordability levels of the 200 ADUs the City states it permitted in the first nine (9) months of the year. In this version of the Draft, the City estimates that it will build an even higher number of ADUs over the planning period – 1,704. (Draft, p. 7-9) (C) However, the City fails to provide any data to support that it can (a) build this number of ADUs over the planning period given the few numbers of units they have so far and (b) whether it will have a sufficient number of sites over the planning period to accommodate a sufficient number ADUs at the level of affordability needed to accommodate the lower- and moderate-income RNHA. (D) Further, even though the Draft indicates that the City will adopt incentives to develop these ADUs, the Draft does not state what those incentives are, and the Draft does not outline how it will monitor for production and affordability, particularly whether the proposed new units that the City states it will plan to develop over the planning period will be rental housing. The ADUs proposed to be built may not function in the same way as ADUs previously built. Accordingly, the Draft must provide information and analysis on how the City will ensure that ADUs will adequately meet the needs of renters who need affordable housing in the City. Response: A. State law does not require the City to use the “safe harbor approach” that was originally referenced in projecting ADUs construction. The City’s projection is based on actual building permits issued, interviews with the major ADU builder, and backlog. B. HCD allows cities to use the default ADU affordability calculations (with reasonable adjustments) that were prepared by SCAG to assign the affordability of ADUs permitted and built. C. See response to A. D. Program 1.5 commits to monitoring through the preparation of the Annual Progress Report. Program 1.5 also includes the exact incentives to be provided, timing, and monitoring below: Packet Page. 1556 City of San Bernardino Page 6 of 16 a. Periodically review and revise ADU regulations for consistency with State law and HCD letters. b. Monitor & record progress in production/affordability in the APR to ensure targets are met. c. Adopt online marketing, expedited process, ombudsman, pre-stamped plans, and one-stop permits. 9. Analysis of Existing Housing Developments Eligible to Convert to Non -Low-Income Housing We appreciate the inclusion of additional information to assess the conversion risk of affordable housing developments in the City, as required by Government Code section 65583(a)(9), and as requested by the 10/2/2023 HCD Findings Letter (see p. 8). However, the Draft needs to include additional information regarding whether the Housing Authority will intend to renew the vouchers of the Maplewood Apartments, which has an expiration year of 2026, to determine whether these apartments, which are PBV-subsidized, are truly at low-risk of conversion. Additionally, regarding Housing Authority owned properties, the Draft should include additional specifics on how the Housing Authority intends to preserve the PBV vouchers and comply with 24 CFR Part 983, et seq., based on the expected year of conversion of those properties as reflected in the Draft. Response: The revised draft indicates that the HACSB has confirmed a commitment to preserve Maplewood, Arrowhead Wood, and Kendall projects. The HASCB is a separate legal entity from the City and, therefore, out of its control. As part of the City’s expansion of its Housing Division, it has developed partnerships with the HASCB to further affordable housing opportunities in the City. The City would rely on its efforts to comply with federal regulations in 24 CFR Part 983 as it pertains to its internal policies and procedures. 10. Land Use Controls HCD requested that the City amend the element to “analyze land use controls independently and cumulatively with other land use controls. The analysis should specifically address requirements related to cover parking, lot coverage requirements, and limits on allowable densities in each zone that allows residential development.” (10/2/2023 HCD Findings Letter, p. 5.) (A) However, the Draft does not include full information on the limits on allowable densities in each zone that allows for residential development. (See Draft, at Tables 3-1 to 3-3, pp. 3-3 to 3-5.) The City should revise the Draft to include this information and how densities present any governmental constraint on the development of multi-family housing, as well as address how the City will remove the constraint. (B) The Draft must also analyze how including an impermissible administrative constraint of a conditional use permit (CUP) in violation of Government Code 65915, on senior/congregate housing eligible for a density bonus has impacted its ability to develop shelter for this special needs population in the City. (See Draft, p. 2-28; Table 3-1, p. 3-3.) In this regard, the City must revise the Draft and specifically state that it will comply with the stipulated judgment reached in Gracia v. City of San Bernardino, CIVSB2301828. (C) The City should include a footnote that, per the stipulated judgment reached in Gracia and subsequent city directive, the City will no longer require a CUP for senior/congregate housing projects seeking density bonus approval, and the City’s revisions to its ordinances will comply with the Density Bonus Law, as amended. (D) The City needs to revise the Draft (Table 3-3) and provide a functioning link for the public to examine the veracity of the data for the specific plans included in the Draft. Packet Page. 1557 City of San Bernardino Page 7 of 16 Response: A. The constraints chapter analyzed the current tiered density based on lot size. Action 2.4b includes commitment to remove the tiered density reduction standard, thus facilitating achievement of maximum density in each of the respective zones. B. The element analyzed the current density bonus provision. Program 2.2a commits to removing the CUP for a density bonus on eligible projects consistent with State law and per said case. The City is revising its ordinances to be consistent with residential/community care law for group quarters. C. Continued referencing and citation of state housing laws, in either text or footnotes, do not change the City’s obligation or commitment to affirmatively further fair housing. D. Table 3-3 weblink reference has been updated so the reader can access the specific plans. https://www.sbcity.org/city_hall/community_economic_development/planning/specific_plans 11. Processing and Permit Procedures Contrary to what the City asserts in the Draft, the SBMC in its current format, does not allow the development of emergency shelter by right. Indeed, a review of the SBMC at Chapter 19.10-E shows that the City currently requires a CUP or Development Permit to develop emergency shelter in the ES Overlay Zone, which the City represents as the area of the City where it permits by-right shelter development. (See Table 6.01, SBMC Ch, 19.06; Table 8.01 SBMC Ch. 19.08.020). Pursuant to the Draft, the City does not permit development of emergency shelter in any area zoned r esidential. (Draft, Table 3-4, p. 3.6) The Draft must analyze how these processing and permit procedures constrain the development of housing in the City. (Gov. Code §65583(a)(5)). Response: The SBMC allows emergency shelters by right with an administrative permit in the Emergency Shelter Overlay, and the City has issued an internal departmental memorandum posted on its website that provides a directive to City staff regarding permitting shelters by right. 12. Codes and Enforcement While we appreciate the City’s amendments to this section of the Draft to clarify the scope of the inspections for multifamily housing units in the City and to Program 3.4, regarding affordable housing projects funded by HOME and NSP funds, the Draft should assert, including in Program 3.4 that the City will analyze its housing codes and enforcement programs to ensure compliance with state and federal fair housing law, which is consistent with the duty to affirmatively further fair housing under Government Code 8899.50, as affirmed in Martinez v. City of Clovis (2023) 90 Cal.App.5th 193 (Martinez). Additionally, Program 3.4 contains a typographical error regarding the applicable CFR code for inspections for HOME-funded programs—it should be 24 CFR section 92.504(d), and not Federal CFR 92.504(d) as currently reflected in the Draft. (Draft, p. 7-16) Response: Request, beyond repeating State law, is unclear. Typo has been corrected. 13. Zoning and Fees Transparency (A) Even though the Draft provides information about required fees, it does not analyze the impacts of these fees as potential constraints on housing supply and affordability as required by Gov.t Code 65583(a)(5), which requires an analysis of governmental and non-governmental constraints on the development of housing. Nor does the Draft provide additional information regarding the average of Packet Page. 1558 City of San Bernardino Page 8 of 16 the development fees but there is no additional information as to the average cost of these fees and their impact on feasibility of single-family or multifamily development. Rather, the Draft summarily concludes that the development and exaction fees do not constrain housing. (Draft, p. 3-59), without any information or data to support that conclusion. (B) Further, the City should revise Program 2.3 (Development Fee Study), Draft, p. 7-12 to include a goal that it “may offer deferrals for any development fee with approval of City Council if they find that such a deferral would help improve or make project financing better,” (Draft, p. 3-59). This change acknowledges that these fees present a governmental constraint and that the City is committed to doing something to address it. (C) Additionally, the link for Step 1 Access General Plan and Zoning in Table 3-19, Draft, p. 3-63 is a broken link. The City needs to revise the Draft to provide accessibility to all links regarding zoning and fees transparency consistent with the HCD finding to “clarify its compliance with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website.” (10/2/2023 HCD Findings Letter, p. 7.). (D) Even though the City revised the Draft to provide required fees for single- and multi-family development, the Draft should make clear whether the fees contained in Tables 3-16 to 3-18, Draft, pp. 3-59 to 3-61 are current. (E) Additionally, the City has not included any information or analysis of the impact of these required fees upon the cost and supply of residential development as requested by HCD (see 10/2/2023 Findings Le tter, p. 6.) Presently, the City concludes, without analysis, that the required fees in Tables 3-16 to 3-18, Draft, pp. 3-59 to 3-61 do not constrain development. The City needs to revise the Draft to analyze whether these listed fees administratively constrain development as required by Govt Code 65583(a)(5). Response: The City of San Bernardino’s fee structure has not been updated and is well below that of surrounding cities. Due to the low fee structure, development costs are subsidized by the City’s General Fund, which is a significant benefit to promoting both single and multi-family housing. A. According to HCD, fees average 10% to 15% of development cost; City fees are below that. B. The City has a policy that allows the Council to defer DIFs, except for regional circulation. C. The links have been updated. D. Fees are for 2020, and planning and development fees have not been updated since then. E. Fees comprise less than 10% of development costs/value, well below a constraint threshold. 14. Approval Time and Requests Lesser Densities ….. it is clear from the description of the projects in the Draft at p. 3-62, that the projects are not subject to the same approval time length, with multi- family developments taking about four months longer to process, approve, and issue permits as compared to single-family developments. Govt Code 5583(a)(5) requires the Housing Element to conduct “[a]n analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development.” Here, the Draft does not address the hinderance presented by this approval process, nor does it analyze the impacts upon the supply of residential development by having a process that ranges from one to one and one-half years to develop single- family and multi-family development in the City as required by Section 65583(a)(5). The City must analyze this constraint and include a corresponding program in the Draft on how it will plan to address the disparity. (See 10/2/2023 HCD Findings Letter, pp. 7, 8.) Packet Page. 1559 City of San Bernardino Page 9 of 16 Response: The revised element showed that larger single-family and apartment projects required 15 months while the two smaller projects required 11 months. A project can take longer to issue permits due to delay in the developer providing information, size and complexity of the project, housing market, etc. Given these variables, it would be incorrect to assume that the slight difference is a constraint, particularly given that 50% of the City’s pipeline projects have been built or are under construction and that much of the timeframe depends on when the builder decides to submit the project. 15. The Draft Fails to Properly Analyze Environmental Constraints The environmental constraints section of the Draft is virtually identical to the previous iterations of the Draft, and as such suffers from all of the same issues identified in our previous comment letters… by most pertinently failing to relate the environmental constraints to identified sites where the City plans to develop housing, including sites identified as potential for emergency shelter development. The Draft describes potential environmental hazards which may affect the City at large, but it fails to relate these conditions back to any identified sites for development or to specific types of housing, such as ADUs or SROs. It also limits its discussion of hazards to flooding, wildfire, and earthquakes, without addressing any other known environmental constraints (e.g., water supply or hazardous waste) which could impact housing development on the identified sites. The City’s emergency overlay sites illustrates these concerns. Sites 3 and 6 fall within the 76th and 95th percentiles for hazardous waste, but the City has failed to consider the environmental constraints imposed on the potential to develop these sites for housing for those in need of emergency shelter. The City should revise the Draft to address these concerns as they relate to the identified sites and the types of housing that will be developed on said sites, as well as consider using environmental justice principles … are aimed at mitigating pollution for populations who are already at risk. Response: The revised draft adequately addresses natural hazards and utilities per HCD requirements. CEQA will also require site-specific analyses when the project is actually proposed on identified sites, when required. CalEnviro Screen does not show where development is infeasible, only where a potential siting concern may exist on a census tract basis. For instance, a census tract can have a high pollution score based solely on proximity to permitted uses, but these uses may not actually pose a prohibitive risk to a site. That said, there is still adequate shelter capacity in the overlay areas with lower pollution scores. 16. Fair Housing The Draft Still Suffers from Deficiencies Concerning the Duty to Affirmatively Further Fair Housing Notwithstanding, the Draft contains deficiencies concerning AFFH and needs to be revised to bring the Draft within substantial compliance under Government Code section 8899.50. For instance, even though the City revised the Draft to specifically denote the westside and central/downtown area of the City as Racial/Ethnic Areas of Concentration of Poverty (R/ECAPs), (A) the Draft still fails to analyze conditions of the neighborhoods relative to quality of life or describe past strategies related to equitable quality of life. (B) In the Draft, the City states that the increase in R/ECAPs is unclear (Draft, p. 5-10), but relies upon older information. The City should survey community groups and organizations that work in those areas to obtain recent data and information that could shed light on why R/ECAPs have increased. The Central and Westside San Bernardino, which the City has designated as R/ECAP areas, should not bear the majority of low -income housing projects. The objective should be to decentralize poverty from these regions by exploring the construction of low- Packet Page. 1560 City of San Bernardino Page 10 of 16 income housing in areas of the City with more abundant resources. (See Gov. Code §8899.50(a)(1); see also HCD AFFH Guidance (April 2021 Update), p. 48.) (C) Additionally, the Draft does not evaluate Racially Concentrated Areas of Affluence (RCAA). HCD requested that the City analyze higher resources and areas of the City that could promote housing mobility and housing opportunity. (10/2/2023 HCD Finding Letter, p. 1). Specifically, HCD directed the City to analyze higher resource areas such as Verdemont as a location to site lower -income housing, but the Draft does not conduct this analysis. The City should revise the Draft and analyze this region along with other higher-income regions of the City where the City could develop housing opportunity. (D) Concerning disproportionate housing needs, including displacement risk, the Draft does not identify any place-based strategies with specific goals and timelines to address disparities to access of housing opportunity in the City. (See 10/2/2023 HCD Finding Letter, p. 1.) (E) And the Draft does not fully analyze either the location of those sites or affordable opportunities in high resource areas as required by Gov. Code 8899.50. The City mentions contributing factors that the Housing Element must analyze at page 5-105 of the Draft, but does not fully analyze what factors are contributing to impediments to fair housing in the City. Finally, while the City added add itional information to its goals, priorities, metrics, and milestones, at Table 5-29, at pages 5-111 to 5-114, that revised table does not specifically address housing mobility enhancement, new housing choices and affordability in high opportunity areas, or place-based strategies for community preservation and revitalization and displacement protection in the City. (See 10/2/2023 HCD Findings Letter, p. 2.) Response: A. The draft provides Table 5-22 documenting the conditions of the neighborhoods and the need for reinvestment due to urban decline since at least 1980. B. The R/ECAP analysis was revised based on new data provided by HUD in 2020, which actually shows a significant decline in the R/ECAP areas within both the Central/Downtown/Westside. C. Recent TCAC maps and analysis show declining areas of moderate and higher resource areas. The revised draft contains an analysis of R/ECAPs and higher opportunity areas (RCAAs) on pages 5-9 and 5-10. Program 5.8 addresses housing mobility in higher-opportunity areas. D. Tables 5-23 and 5-24 identify more than 40 projects totaling $200 million of improvements to the Westside/Central/Downtown, and the individual programs list the timelines. Program 5.9 was also added to describe and reference the City’s place-based investments. E. As stated above, the revised draft analyzes high-opportunity areas. Both Program 5-8 and 5-9 now address housing mobility enhancement and new housing choices and affordability within the remaining higher opportunity areas, as well as place-based investments. 17. Density Bonus Ordinance We appreciate that the City has directed staff to adhere to state law in processing density bonus applications, and plans to adhere to the stipulated judgment reached in Gracia v. City of San Bernardino. Further, the addition of information in Table 3-8 (Draft p. 3-27), assists the public in understanding the deficiencies contained in the local density bonus ordinance when compared against state law. However, the Draft does not inform or analyze the constraints presented on the development of housing by those applicants seeking a density bonus who were subjected to outdated and illegal provisions of the local density bonus ordinance as requested by HCD. (10/2/2023 HCD Findings Letter, p. 7) The City should revise the Draft accordingly to provide this information. Packet Page. 1561 City of San Bernardino Page 11 of 16 Response: While the City’s Density Bonus Ordinance was not updated, should applications requesting a density bonus be submitted, the City would have complied and will comply with current State Law. Further analysis of the outdated density bonus ordinance is not required, given that the City is already proposing and drafting a comprehensive update. 18. Anti-Camping Ordinance Consistent with the HCD finding at page 7 of the 10/2/2023 Findings Letter, the City should further revise the Draft to specifically state how enforcement of the anti-camping ordinance impacts trust of those experiencing houselessness in the City’s ability to assist them with getting housed and how the City will comply with its AFFH duty to improve conditions for the unhoused and mitigate the displacement risk associated with enforcement of anti-camping ordinances. (See 10/2/2023 HCD Findings Letter, p. 7; Gov. Code 8899.50(a)(1); HCD AFFH Guidance Memo, (April 2021 Update), p. 40; California Statewide Study of People Experiencing Homelessness, Chapter 3: Experiences During Homelessness (discussing impacts of confiscations and forced displacements of the unhoused), available at CASPEH_Report_62023.pdf (ucsf.edu), last accessed on Nov 15, 2023.) Response: The anti-camping analysis was revised to show how the City complies with fair housing law (p. 3-54). The City hired a highly-qualified organization to sensitively outreach to homeless residents and address relocation concerns. As of December 6, 2023, the City Council has approved staff to proceed with agreements to add up to 200 motel beds for unhoused people, including people from encampments. HCD’s letter did not require an analysis of how the anti -camping program impacts resident “trust.” 19. Program 1.5 ADUs, pp. 7-9, 7-29; Program 2.7 Constraints to Variety of Housing, pp. 7-23. 7-31: The City should revise goals for this program to include the specific accessibility, affordability, and housing code requirements for ADUs to help assess the feasibility of this program to meet the needs of lower-income residents who are in need of housing to access them, especially considering the City’s extensive reliance upon this type of housing it to meet the City’s housing needs. Additionally, although the Draft contains data showing that ADU construction increased following the adoption of MC-1559 in 2021, the ordinance in its current form may still be inconsistent with State law. The Draft acknowledges this deficiency and states that the City will “periodically review and revise ADU regulations for consistency with state law;” however, these Programs do not specify the frequency of these reviews, nor provide a deadline for the revision of local ordinances to address deficiencies. The City should revise the Draft to specify frequency of periodic reviews (e.g., once every year) and to provide a deadline for finalizing and implementing revised ordinances if a review finds that current regulations are inconsistent (e.g., April 1 of the year following review). Response: HCD concurs with the adequacy of the City’s ADU program in the revised element. 20. Program 3.5: Violence Prevention/Intervention, Draft, pp. 7-17, 7-34: As mentioned in our comment letters of September 5, 2023, and June 12, 2023, we object to the use of a neighborhood watch program to address crime and violence in the City. Apart from encouraging vigilantism as documented in national cases involving the senseless deaths of Black people at the hands of their neighbors (e.g., Trayvon Martin, Atatiana Jefferson, Aijke Owens, and countless others), neighborhood watch programs have been disproportionately used to monitor the movement Packet Page. 1562 City of San Bernardino Page 12 of 16 of communities of color in and out of racially exclusive enclaves. We are also concerned that such a program will be used to illegally exclude persons who have had negative interactions with law enforcement, such as an arrest, or who are returning home fol lowing involvement with the criminal legal system from living in the City. Accordingly, a proposal to consider the feasibility of a neighborhood watch program presents fair housing concerns as it conflicts with City’s statutory duty to take “meaningful actions” to “address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.” (Gov. Code 8899.50(a)(1); Martinez, supra, 90 Cal.App.5th at p. 285-86.) The City must eliminate this objective. Response: While we understand the concern about avoiding discriminatory programs, as evidenced by the City Council’s repeal of the crime-free multi-housing program, there is no evidence that the mere study of the feasibility of a neighborhood watch program is contrary to furthering fair housing opportunity. A neighborhood watch program is intended to protect residents from some of the highest crime rates in California and would not be expected to have a disparate impact against residents in a city that is approaching 90 percent minority, has no RCAAs, is predominantly lower income, and has no racially exclusive enclaves according to HCD’s web mapper. Also, the Martinez decision cited refers to the disparate impact from Clovis not fulfilling a site rezoning commitment to obtain housing element certification, not a neighborhood watch program. Violence prevention is a serious issue in the community, and the housing element contains programs that are intended to reduce crime, divert individuals from committing crime, and protect the health, safety, and welfare of residents. Program 3.5: Violence Prevention/Intervention (cont.) Further, the City should amend objective 3.5b to specifically earmark more funds for community - based programs that can assist with stemming crime and violence. The City should make the proposed funds to programs aimed at at-risk youth the same as funds given to the police for community policing. Additionally, the City can and should involve the public in the process of determining how much funding should be allocated to programs that provide alternative ways to ameliorate crime and violence that do not involve police. In this regard, the City can and should survey community collaboratives such as Just 4 San Bernardino, a collaborative of at least eight community organizations with members who have lived experiences that can assist the City with identifying a lternative strategies to crime prevention that are informed from members of the public. Response: The City continues to successfully apply for grants addressing crime prevention and at-risk youth. For more than a decade, the City has successfully obtained funding to hire police officers to support its community-oriented/based policing efforts, provide alternative programs to rehabilitate previous offenders, and otherwise work with local groups to address community violence. Making decisions regarding the equivalent allocation of funding between programs for at-risk youth and for community policing is a City Council policy decision and beyond the purview of this housing element. 21. Program 4.1 Preservation of Assisted Multi-Family Housing, Draft, pp. 7-20, 7-36: The City should revise this program to specifically include an objective to provide tenant education about conversion notices they may receive as the affordability covenants on the properties where they live are set to expire. This tenant assistance is particularly critical for those tenants who are part Packet Page. 1563 City of San Bernardino Page 13 of 16 of special needs populations such as seniors, people living with disabilities, and those who are limited English proficient. As such, the City should amend Objective 4.1b to read “Coordinate with property owners to ensure conversion notices to tenants are sent out at three intervals: 3 years, 1 years, and 6 months of the affordable covenant expiration date, and simultaneously provide tenants who have received conversion notices with tenant education and resources where they may receive legal assistance/information about their rights, and information of the City entity to whom they may lodge a complaint regarding violations of federal and state law, including without limitation, the Notice Preservation Law, Gov. Code 65863.10, et seq.” Response: State law requires the property owner to follow state preservation requirements. The City is obligated to follow applicable statutory requirements required for preserving at-risk properties. 22. Program 4.2: Rent Control/Stabilization, Draft pp. 7-21; 7-36: The City needs to revise this Program to specifically state how its existing mobilehome rent stabilization program will protect residents living in mobile home parks who are not covered by the Mobile Home Park Residency Law. The City should include (1) Ren t control for mobile home park residents who live in parks constructed after January 1, 1990; and (2) Rent control and just cause eviction rights for tenants who rent both the mobile home and the space. (SB 940, Stats. 2022, Ch. 666). Further, the City must revise this program to specifically include an objective or a separate program with discrete timing (month and year) and identity of responsible city agency that articulates how the City will comply with state law regarding mobilehome park conversion and closure and address rent stabilization and preservation issues for City residents at risk of displacement from the City’s MHPs who could experience displacement from any one of the City’s mobilehome parks. Additionally, the City should revise the following sentence to make it clearer for tenants whose tenancies fall under the Tenant Protection Act: It also imposes “just cause” eviction requirements that apply after residents have occupied the unit for tenants who have either continuously and lawfully occupied the residential rental unit for 12 months or more, or in the case of the addition of an adult tenant, where one or more of the tenants have continuously and lawfully occupied the residential rental unit for 24 months or more. Additionally, given the im pacts of evictions on lower- income residents in the City, generally and during the COVID-19 pandemic and the millions of dollars given to the City to aid tenants in need of emergency rental assistance as identified in the Draft (see Draft, p. 2-53; Program 4.4, Draft p. 7-21), the City should include an objective to enact a rent stabilization ordinance in the City and identify a timeline for implementation of same. Response: The City’s rent stabilization program was adopted in 1984; therefore, the program covers and applies to all of its 48 mobile home parks and the residential rental spaces therein. Further, the City must (and will) comply with current and future State Laws. Where any of its ordinances conflict, State Law takes precedence. Program 4.6 is to maintain the affordability of existing mobile home parks and ensure that mobile homes continue to be a viable option for affordable living, particularly for lower- income seniors and families with children. Mobile Home Park Residency Law was recently updated in 2023 and would apply to the City’s mobile home parks. The additional items requested are above and beyond what the Housing Element Law requires. The City with the existing Program 4.6 a and b meets the provisions of State Law. The City, at this time, has neither included as a program in the Housing Element a rent stabilization ordinance nor is it required to include one. This does not preclude the City from considering an ordinance in the future. Packet Page. 1564 City of San Bernardino Page 14 of 16 The City has noted in Program 4.6 that it will continue the Mobile Home Rent Stabilization program through an annual review to ensure that all increase requests go through the proper administrative and hearing process. The City will contract with fair housing providers to educate tenants on their rights and responsibilities with respect to rent stabilization and just cause eviction. Quarterly updates will be available. 23. Program 4.3 Housing Choice Vouchers, Draft pp. 7-21; 7-36 Given the high number of people who rely upon a Section 8 voucher to subsidize their rent (see Draft, p. 2-52), the City should revise the following objective regarding voucher utilization rates as follows: Improve utilization of vouchers by providing adequate marketing and educational materials to residents, tenants, landlords, and property managers, including without limitation, information on inspection times/requests for tenancy approval/portability requests; and providing information source of income protections under Government Code 12955(p) and California Code of Regulations, Tit. 2, 12140 et seq., and Small Area FMRs. Response: The Housing Authority is legally responsible and receives federal funding to administer the Section 8 voucher program and its administrative plan, among other responsibilities. The City does not manage the program. 24. Program 4.4 Emergency Rental Assistance, Draft, pp. 7-21; 7-36: As outlined in the Draft, the City stated that COVID-19 severely impacted its residents. Yet, the City states that it will plan to phase out this program by the end of 2023 (Draft, p. 7-33). This is concerning, given the extremely high percentage of the Ci ty’s residents who receive emergency rental assistance—90% of Hispanic or African Americans with one to five members of their households. (Draft, p. 7-21). This Program should commit the City to establish permanent funding for this Program, identify a clear amount of funding which will be allocated, and commit to permanent implementation of this program to address the ongoing housing needs of the City. The City should not wait until they close out the 6,950 tenants currently assisted through the City’s emergency rental assistance program. The City should develop it now or while that existing program is ongoing. Response: The City received significant federal grants to address the COVID pandemic and its effects on residents. Additional funds were received to address the impacts on businesses. Unfortunately, funding is no longer available to address this request at this time, though City staff continue to review available grant funding that may become available in the future. 25. Public Participation As the City continues to revise the Draft to bring it within substantial compliance with the Housing Element Law, the City must continue to solicit the public’s participation in this process as required by Govt Code 65583(c)(9). While the City acknowledges the public participation requirements as set forth in AB 215 (Ch. 342, Stats. 2021), the Draft still does not describe the efforts the City undertook to achieve public participation of all economic segments of the community to develop the Draft as required by Section 65583(c)(9). Even though the Draft includes information about community concerns about the crime-free program, which the City acknowledges receipt and use of to eliminate its most harmful provisions, the Draft contains no information about the extensive comments the City received from the public about the City’s anti -camping ordinances and treatment of those who Packet Page. 1565 City of San Bernardino Page 15 of 16 are without shelter in the City. Indeed, in addition to comment from our offices, the City received extensive comment from the ACLU and other community groups in the City that are not reflected in this version of the Draft, as well as from the Just 4 San Bernardino Collective, representing several community organizations in the City about administrative and environmental constraints upon housing development in the City. The City should revise this section of the Draft to include a summary of comments received regarding the Draft and how the City addresses those comments. Response: The City has made a good-faith effort to inform the community regarding the housing element and incorporate comments. Please see Chapter 6 for revisions to this section. Not including auxiliary general plan and housing outreach efforts conducted for the consolidated plan, analysis of impediments, specific projects, and single-subject issues, the following events have been used to gather input about key housing needs and to inform the policies and programs. • Seven (7) issue and visioning workshops (see Table 6-3) • Seven (7) GPAC meetings on housing topics (see Table 6-4) • Seven (7) stakeholder interviews/meetings (see Table 6-5) • Three (3) additional public meetings at the request of Public Law • Three (3) Legal Aid Workshops for renters and property owner • Detailed review of the JustSB Collaborative document and City responses • Communitywide survey with well over a thousand comments • Detailed summary of comments received as part of the outreach • Website record of events and presentations (https://futuresb2050.com/participate/ 26. Programs, Objectives, and Timeframes Although the City has made marked improvement to this section of the Draft, many of the time periods identified in Table 7-1 lack discrete timing (month and year) as requested by HCD in the 10/2/2023 Findings Letter. Given that the City is quite tardy, i.e ., over two years late in adopting its Sixth Cycle Housing Element Update, the City must revise those programs that have amorphous timing designations such as “ongoing,” “mid-2024” to help assess the viability of the City to complete program goals over the Planning Period. Response: The revised housing element provides many new quantified objectives and timeframes. See the yellow highlighted text in the revised draft for revisions made. The City, through its staff and consultant, has taken the comments provided seriously and, in conjunction with the Department of Housing and Community Development, updated and added more detail and programmatic information to the City of San Bernardino Housing Element. Further, it shows the City’s commitment to its residents in providing housing for various income ranges, new affordable housing development, addressing homelessness, and affirmatively furthering Fair Housing. For the past few years, the City has been in a rebuilding phase – recovering from its bankruptcy, the Great Recession, and the COVID-19 pandemic. We acknowledge improvement was and is needed and are working toward that end. The work and investment, both in time and finances, to complete this Housing Element are a testament to the commitment the City has to move forward. Packet Page. 1566 City of San Bernardino Page 16 of 16 As you may be aware, the City is midway through its General Plan update process and Downtown Specific Plan, which has been paused to complete the Housing Element due to limited staff resources. With the Housing Element's completion, we are excited to reengage this effort, which will result in increased housing opportunities and densities within the City. It is expected that a future update to the Housing Element will be completed to add additional inventory that will exceed its RHNA numbers. We look forward to our continued conversations moving the City toward completion of its Housing Element for 2021-2029. Sincerely, Mary E. Lanier Interim Community Development and Housing Director Packet Page. 1567 909-245-1454 | makinghope.org 341 W. Second Street, Suite 7 San Bernardino, CA. 92401 November 20, 2023 Mayor Helen Tran and City Councilmembers 290 North D Street San Bernardino, CA 92401 mayor@sbcity.org council@sbcity.org FutureSB2050@sbcity.org cc: Sonia Carvalho-City Attorney, Charles Montoya-City Manager Re: San Bernardino’s Draft 2021-2019 Housing Element Comments Dear Mayor Tran and City Councilmembers, We thank you for considering and implementing the recommendations that were initially given during the first period of open comments. After careful review and consideration, Uplift San Bernardino and the Housing Pipeline Impact Team would like to provide the following feedback in response to the revised draft of the General Plan Housing Element for the Sixth Cycle (2021-2029). Please review the attached document that was shared in our working group, where you will find our policy recommendations in the following areas: Increasing housing affordability for low to moderate income families, creating shared equity and tenant protection models and identifying opportunities to streamline housing production. Our mission, as a collective, is to build a generation of successful adults committed to growing roots in San Bernardino, which includes having increased access to housing opportunities for youth and their families. We appreciate your partnership in this effort. For any follow up, please contact Karen Suarez, karen.suarez@makinghope.org or (909) 245-1454 x102 and Ruben Mendoza, ruben.mendoza@makinghope.org or (909) 245-1454 x105. Sincerely, Karen Suarez, VP of Collective Impact, Uplift San Bernardino Making Hope Happen Foundation Packet Page. 1568 City of San Bernardino Housing Element - Ch. 7 Review Feedback: ● Program 1.1b and 1.4b: as revised would only allow 19.46 acres to be upzoned. The upzoned 19.46 acres is not enough land to meet the housing needs of San Bernardino residents. The city should make an effort to identify additional parcels, vacant lots and vacant buildings in order to develop more housing infrastructure by considering the following: - The Affordable Housing and High Roads Jobs Act (SB 6) and the Middle Class Housing Act both (AB 2011) both address state housing needs, revitalize underutilized commercial land and generate well-paid construction jobs. See reference here. - SB 432: removes the sunset of SB 35 (2017), which allows for ministerial approval of developments in communities that have not met their Regional Housing Needs Allocations or adopted a compliant housing element and extends the law to coastal communities. - AB 1033: repeals a current law that prohibits the separate conveyance of ADUs, enabling property owners in participating cities to build an ADU and sell it separately, providing a new homeownership option for families and the potential for wealth-building for homeowners. - AB 1449: extends CEQA exemptions to 100% affordable projects assisted through the LIHTC program as long as they meet specified labor and environmental requirements. As most affordable developments include tax credits, this bill will streamline the development process for affordable projects and bring new homes online faster. - AB 1418: prohibits cities and counties from enacting “crime-free” housing programs and nuisance ordinances that require landlords to evict people when a household member is a convicted felon. - AB 323 intergenerational housing developments for older adults with caregivers and transitional age youth. - Here is a link to the recent legislation that Governor Newsom signed. Packet Page. 1569 56 housing bills signed into law. ● Program 1.5: Consider modeling the proposed ADU program after the City of San Diego’s ADU bonus program. ● Program 1.5c and Program 2.5b: Consider modeling the proposed “One Stop Shop” after City of Riverside’s “One Stop Shop”. ● Program 2.7b: Consider contracting the following developers to build micro units for unhoused populations and LMI communities: - Dignity Moves: Units are built to FEMA emergency building codes as opposed to traditional building codes. This allows for a streamlined permitting process and quicker turn around time for units to come online. Dignity Moves also leases land. ½ acre parcel, vacant lot, etc. can accommodate up to 70 rooms including common areas. - LifeArk: Prefabricated modular housing that can also float on water, great for communities affected by heavy floods and rain. There is a site located in El Monte currently providing permanent supportive housing. ● Program 3.1b and 4.2: Leverage SB 940 which amends Civil Code Sections 798.7 and 798.45, which currently prohibit local rent stabilization ordinances from governing newly constructed mobile home spaces first offered for rent after January 1, 1990. SB 940 would allow local mobilehome rent regulations to govern a newly added mobile home space in an existing park regardless of when it was initially held out for rent. The bill also retains an incentive for the building of new mobile home parks by allowing for a “rolling” 10-year exemption for spaces in those parks, so as to allow investors to recoup their costs of acquisition and construction. Also consider applying to the Manufactured Housing Opportunity and Revitalization Program (MORE). Packet Page. 1570 ● Program 3.5b and 3.7: Partner with the Continuum of Care Interagency Council on Homelessness to submit an application for YHDP funding to address youth and young adults experiencing homelessness and HHAP 5 funding to generally reduce homelessness across all populations. ● Program 4.5: Consider implementing first-time home buyer education at the high school level, partnering with SBCUSD and HUD approved counseling agencies: Neighborhood Partnership Housing Services, Neighborhood Housing Services of the Inland Empire, Credit.org provide these services. ● Program 4.7: Consider partnering with the following consultants: 1. LeSar Development Consultants 2. Terner Center UC Berkeley ● Program 4.8: Partner with SBCTA for the Regional Housing Trust Fund. ● Program 5.4: Persuade County Supervisors to provide municipal bonds for SBVC mixed-used student housing. ● Program 5.6: Consider partnering with Community Solutions for their Built for Zero initiative for cities to achieve functional zero homelessness. Invest in shelter bed creation for interim and permanent supportive housing for populations experiencing homelessness. Additional comments: ● The City of San Bernardino can increase home ownership by setting aside new market rate housing builds for first time home buyers and restricting corporate buyers from purchasing in a community that receives support from the city. Packet Page. 1571 ● The density the city is proposing for either COR-1 or COR-2 is not enough for a major corridor that should be made into a walkable and bikeable corridor. Both should be 80+ units per acre to achieve a high-enough density of people (and thus a high-enough demand of services such as grocery, restaurants and entertainment) that will allow a walkable and bikeable community to thrive. If the density is lower, then the E Street Corridor will just become a speedway for cars. Nothing against cars and public transportation, such as sbX is absolutely an amazing addition to E Street, but the COR-1 and COR-2 zoning as it is currently proposed conflicts with the city’s goal to plan towards the future and reduce reliance on cars. Consider the Following Tenant Protection Models 1. Add TOPA/COPA (Tenant/Community Opportunity to Purchase Act) elements when the landlord is not complying. All jurisdictions should consider committing to adopt a local TOPA/COPA policy in their Housing Element in order to prevent displacement, stabilize current residents and existing communities, and preserve affordable housing for the long term. Consider the Following Shared Equity Models 1. Community land trusts and co-op, work with existing CLT’s and co-op Packet Page. 1572 Concerns: The City of San Bernardino does not have sufficient staff to support numerous endeavors, consider creating a pipeline of high school students and college students interning in multiple City departments that eventually lead to local career opportunities. Typos: ● Correct SB 2011 to AB 2011 Packet Page. 1573 290 North D St, San Bernardino, CA 92401 | P: 909-384-5357 | www.SBCity.org Community & Economic Development Department SENT VIA EMAIL ONLY karen.suarez@makinghope.org January 8, 2024 Karen Suarez, VP of Collective Impact, Uplift San Bernardino Making Hope Happen Foundation 341 W. Second Street, Suite 7 San Bernardino, CA. 92401 Re: City of San Bernardino Draft 2021-2029 Sixth Cycle Housing Element Dear Ms. Suarez, The City appreciates the Uplift San Bernardino at the Making Hope Happen Foundation’s comments and support of our efforts to address housing and homelessness. The Housing Element is the overall plan for housing in San Bernardino and provides the foundation for future efforts. As noted below, the City is working on increasing its housing inventory and beds for homeless services. The following responds to your latest letter, dated November 20, 2023. An abbreviated summary of each of your contentions are provided, followed by the City’s response. Comment 1: Land Inventory Program 1.1b and 1.4b: as revised would only allow 19.46 acres to be upzoned, which is not enough land to meet the housing needs of San Bernardino residents. The city should make an effort to identify additional parcels, vacant lots and vacant buildings in order to develop more housing infrastructure by considering the 56 bills recently signed into law (56 housing bills signed into law.). These bills include: • The Affordable Housing and High Roads Jobs Act (SB 6) and the Middle Class Housing Act both (AB 2011) both address state housing needs, revitalize underutilized commercial land and generate well-paid construction jobs. • SB 432: removes the sunset of SB 35 (2017), which allows for ministerial approval of developments in communities that have not met their Regional Housing Needs Allocations or adopted a compliant housing element and extends the law to coastal communities. • AB 1033: repeals a current law that prohibits the separate conveyance of ADUs, enabling property owners in participating cities to build an ADU and sell it separately, providing a new homeownership option for families and the potential for wealth-building for homeowners. Packet Page. 1574 City of San Bernardino Page 2 of 5 • AB 1449: extends CEQA exemptions to 100% affordable projects assisted through the LIHTC program as long as they meet specified labor and environmental requirements. As most affordable projects include tax credits, this bill will streamline the development process • AB 1418: prohibits cities and counties from enacting "crime-free" housing programs and nuisance ordinances that require landlords to evict people when a household member is a convicted felon. • AB 323 intergenerational housing for older adults with caregivers and transitional age youth. Response: The City’s 2021-2029 RHNA is addressed through a fourfold strategy: 1) housing projects in the development pipeline; 2) rezoning of sites; 3) vacant land already zoned for residential development; and 4) surplus sites proposed for housing. Collectively, these strategies will address the 2021-2029 RHNA. The Housing Element only addresses the City’s production needs through 2029. The General Plan update and Downtown Specific Plan will provide additional opportunities for residential and mixed use projects. As the City increases staff, there will be additional capacity to explore additional housing opportunities. Comment 2: Program 1.5: ADU Program Consider modeling the proposed ADU program after the City of San Diego's ADU bonus program. Response: Under the referenced program, an ADU bonus is available in exchange for ADUs that are deed restricted as affordable to very low-, low- or moderate-income households for 15 years. While state law allows the City to use SCAG surveys to forecast and project the affordability of ADUs for lower income households, ensuring the affordability of ADUs is an important part of the City’s strategy for addressing the RHNA. The referenced program from San Diego will be referred to City staff for consideration. Comment 3: Program 1.5c and Program 2.5b: On-Stop Shop Consider modeling the proposed "One Stop Shop" after City of Riverside's "One Stop Shop". Response: A One-Stop Shop permitting center is a complex process involving not only physical improvement to buildings and staff relocations, but also the integration of record and potential upgrades to software systems. The City held two workshops on a future one-stop shop in April 2023 and accepted public comments online at OneStopShop@sbcity.org. The revised Housing Element contains Program 2.5, which commits the City to create a one-stop-shop counter for residential projects to streamline the application submittal and review process, improve consistency, and improve development certainty. The referenced program idea from Riverside will be referred to the relevant City departments for consideration. Comment 4: Program 2.7b: Micro-Units Consider contracting with the following developers to build micro units for unhoused populations and LMI people: • Dignity Moves: Units built to FEMA emergency building codes as opposed to traditional code, allowing for a streamlined permitting process and quicker turn around time for units to come online. • LifeArk: Prefabricated modular housing that can also float on water, great for cities affected by heavy floods and rain. There is a site located in El Monte providing permanent supportive housing. Packet Page. 1575 City of San Bernardino Page 3 of 5 Response: In 2023, the City’s Housing Department recently briefed the City Council on options for micro-units. In 2023, the City awarded surplus land to a developer who proposes development concepts of micro units. With respect to development standards for microunits, the revised Housing Plan, Program 2.7, commits the City to interview SRO/micro-unit developers and propose revisions for consideration to the City Council to incentivize both housing types. While the Housing Element does not recommend specific vendors, unless approved by the Council, referenced comments will be referred to City staff. Comment 5: Mobile home Rent Stabilization Program 3.1b and 4.2: Leverage SB 940 which amends Civil Code 798.7 and 798.45, which prohibit local rent stabilization ordinances from governing newly constructed mobile home spaces first offered for rent after January 1, 1990. SB 940 would allow local mobilehome rent regulations to govern a newly added mobile home space in an existing park regardless of when it was initially held out for rent. The bill also retains an incentive for the building of new mobile home parks by allowing for a "rolling" 10-year exemption for spaces in those parks, so as to allow investors to recoup their costs of acquisition and construction. Also consider applying to the Manufactured Housing Opportunity and Revitalization Program (MORE). Response: The Housing Plan, Program 3.1 commits the City to “consider opportunities to seek and secure funding to expand the housing rehabilitation program to mobile home parks and apartments” (Action 3.1b) and, if program expansion is feasible and approved by council, authorize staffing and financial resources to implement such a program (Action 3.1c). Comments will be forwarded to City staff for consideration. Program 3.5b and 3.7: Continuum of Care Partner with the Continuum of Care Interagency Council on Homelessness to submit an application for YHDP funding to address youth and young adults experiencing homelessness and HHAP 5 funding to generally reduce homelessness across all populations. Response: The Housing Department is implementing an aggressive program to address homelessness and continues to actively seek funding for its various programs and services. Funding opportunities will be forwarded to the Housing Department for consideration. Program 4.5: Homeownership Program Consider implementing first-time home buyer education at the high school level, partnering with SBCUSD and HUD approved counseling agencies: Neighborhood Partnership Housing Services, Neighborhood Housing Services of the Inland Empire, Credit.org provide these services. Response: First-time homebuying is an important way for residents to build wealth and is reflected in Program 4.5, Homeownership Initiative. Specifically, two actions are proposed: 1) to present a homeownership gap closure program to City Council for consideration and 2) if approved, apply for homeownership funding opportunities and grants as NOFAs are released. While the Housing Element does not recommend specific vendors, unless approved by the Council, suggestions will be referred to City staff. Program 4.7: Inclusionary Housing Consider partnering with: LeSar Development Consultants and Terner Center UC Berkeley Packet Page. 1576 City of San Bernardino Page 4 of 5 Response: Initial discussions regarding the consideration of an inclusionary housing program are slated to begin during 2024. The Housing Element does not recommend partnerships with specific private development consultants or other organizations unless a contract has already been approved by City Council, but the program recommendation for inclusionary housing will be forward to staff for consideration. Program 4.8: Regional Housing Trust Partner with SBCTA for the Regional Housing Trust Fund. Response: Regional housing trusts have been recommended to obtain additional funding for affordable housing. The Housing Element specifically references, in Program 4.8, the SBCTA for the Regional Housing Trust. The City Council will consider it on January 17, 2024 and also will be considering establishing its own. Program 5.4: Student Housing Persuade County Supervisors to provide municipal bonds for SBVC mixed-used student housing. Response: The City will continue to support SBVC mixed use housing. Program 5.6: Homelessness Consider partnering with Community Solutions for their Built for Zero initiative for cities to achieve functional zero homelessness. Invest in shelter bed creation for interim and permanent supportive housing for populations experiencing homelessness. Response: The City will continue to support the development of housing for its homeless population. While the Housing Element does not recommend partnerships with specific private development consultants or other organizations unless a contract has already been approved by City Council, the program suggestion will be forward to the Housing Department for consideration. Additional comments: 1. The City of San Bernardino can increase home ownership by setting aside new market rate housing builds for first time home buyers and restricting corporate buyers from purchasing in a community that receives support from the city. 2. Density Limits for Housing. The density proposed for COR-1 or COR-2 is not enough for a major corridor that should be made into a walkable and bikeable corridor. Both should be 80+ du/ac to achieve a high-enough density of people (and thus a high-enough demand of services such as grocery, restaurants and entertainment) that will allow a walkable and bikeable community to thrive. If the density is lower, then the E Street Corridor will just become a speedway for cars. Nothing against cars and public transportation, such as sbX is absolutely an amazing addition to E Street, but the COR-1 and COR-2 zoning as it is proposed conflicts with the city's goal to plan towards the a reduced reliance on cars. Packet Page. 1577 City of San Bernardino Page 5 of 5 3. Tenant Protection Models. Add TOPA/COPA (Tenant/Community Opportunity to Purchase Act) elements when the landlord is not complying. All jurisdictions should consider committing to adopt a local TOPA/COPA policy in their Housing Element in order to prevent displacement, stabilize current residents and existing communities, and preserve affordable housing for the long term. 4. Shared Equity Models. Consider community land trusts and co-op, work with existing CLT's and co- ops Response: As part of the inclusionary housing feasibility studies (Program 4.7), both rental and homeownership housing opportunities will be considered for feasibility. The City is updating the Development Code and drafting a Specific Plan, both of which will consider higher densities in certain portions of the community where such housing is beneficial. The draft housing element does not include a tenant protection model and shared equity model, but the recommendations will be referred to City staff for further consideration. The City of San Bernardino does not have sufficient staff to support numerous endeavors, consider creating a pipeline of high school students and college students interning in multiple City departments that eventually lead to local career opportunities. Response: In June 2022, the City of San Bernardino, in partnership with California Volunteers, Office of the Governor announced a $4,169,142 grant to hire nearly 70 young and early career staff members over the next two years. The City will hire individuals in the Parks and Recreation, Animal Services, Library, and Police Departments, along with additional positions in partnership with local Community Based Organizations. The grant is intended to employ local youth under the age of 30 to help address urgent challenges in staffing while participants learn key job skills, develop career pathways, and serve their communities. Best, Mary E. Lanier Interim Community Development and Housing Director Packet Page. 1578 November 20, 2023 Mayor Helen Tran, City Councilmembers, and City Manager Montoya 290 North D Street San Bernardino, CA 92401 Via Email: FutureSB2050@sbcity.org Re: Comments on City of San Bernardino’s Draft 2021-2019 Housing Element Dear Mayor Tran, City Councilmembers, and City Manager Montoya, I write on behalf of the ACLU of Southern California to provide public comment on the City of San Bernardino (“City”) Draft 2021-2029 Housing Element (“Housing Element”). Specifically, this letter addresses the City’s plans concerning homeless services, enforcement of the City’s anti-camping ordinance, and the City’s unhoused encampment removals. Program 5.6 (Homeless Services Program) Does Not Reflect the City’s Stated “Housing First” Approach The plan describes the City’s approach to addressing the needs of unhoused people as a commitment to the implementation of a “Housing First” strategy and “provision of a full continuum of housing and services to address homelessness,” as outlined in Program 5.6. We are encouraged by the City’s stated commitment to the Housing First model, which is a proven solution based on decades of empirical studies demonstrating that homelessness is most effectively solved by providing low-barrier access to permanent, stable housing.1 While the City has done laudable work to secure initial grant funding to address the crisis of its growing unhoused population, its draft Housing Element does little to put the City on a path to achieve its Housing First vision. Currently, the plan includes only several permanent housing developments for unhoused people. These include the All Star Lodge (already completed, at 4-17), the U.S. VETS Inland Empire 1 See e.g. Leyla Gulcur et al., Housing, Hospitalization, and Cost Outcomes for Homeless Individuals with Psychiatric Disabilities Participating in Continuum of Care and Housing First Programmes, J. of Comm. & Appl. Soc. Psy. 171 (2003). See also Sam Tsemberis & Ronda Eisenberg, Pathways to Housing: Supported Housing for Street-Dwelling Homeless Individuals with Psychiatric Disabilities, Psychiatr Serv., 484 (2000); Ann Elizabeth Montgomery et al., Housing Chronically Homeless Veterans: Evaluating the Efficacy of a Housing First Approach to HUD-VASH, 41 J. of Comm. & Appl. Soc. Psy., 505 (March 21, 2013); Sam Tsemberis et al., Housing First, Consumer Choice, and Harm Reduction for Homeless Individuals with a Dual Diagnosis, Am. J. Public Health 651 (April 2004); Jennifer Perlman & John Parvensky, Denver Housing First Collaborative: Cost Benefit Analysis and Program Outcomes Report, Denver’s Road Home, Colorado Coalition for the Homeless (December 11, 2006). Packet Page. 1579 Page 2 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA project (at 4-17), and the Golden Springs project (at 6-4). However, the vast majority of the planned placements for unhoused people are emergency shelter beds and transitional shelter beds. Even with all the projects listed, the City will not come close to providing placements for its entire population of unhoused residents – especially as this number continues to rise. The planned buildup of emergency, temporary, and/or interim placements will create a bottleneck of unhoused community members waiting for permanent and affordable housing. To truly fulfill the City’s Housing First goal, the City must prioritize deep investments in permanent housing solutions. Under the state’s official Housing First policy, placements for unhoused residents should be low- barrier, long-term, and should allow for people to stay with their loved ones, pets, and personal property.2 Studies have shown that congregate shelters are not an effective solution to the housing crisis and often do not provide pathways to permanent housing. Congregate shelters subject individuals to higher rates of communicable diseases like COVID-19, due to their tight quarters and requirements that many people share facilities.3 Further, crowding large numbers of people together can lead to social withdrawal, psychological distress, and other mental and physical health conditions, and often do not put residents on a path to obtaining permanent housing.4 Importantly, people do not want to live in congregate settings: in a recent research study of unhoused people in Los Angeles, 70% of individuals surveyed stated they would not accept offers to stay in group shelters, citing lack of privacy as a concern, suggesting a limited role for congregate shelters in effectively moving people off the streets.5 Rather than focusing on increasing its number of shelter beds, the City should prioritize moving people into dignified, permanent housing consistent with Housing First principles. The City’s Anti-Camping Enforcement Plan (3-54) is Harmful, Unlawful, and Contravenes Best Practices The draft plan details the City’s commitment to ramping up enforcement of its anti-camping code against unhoused people. See 3-54. This anti-camping code (SBMC, Chapter 12.98) makes it unlawful to camp, occupy camp facilities or use camp paraphernalia in the following areas: (a) any street; (b) any public parking lot or public area, improved or unimproved; or (c) any park. In effect, the text of this code makes it unlawful for people to be unhoused within the City – anytime, anywhere. 2 See SB 1380, Homeless Coordinating and Financing Council (Sept. 29, 2016). 3 National Low Income Housing Coalition, Moving Away from Congregate Shelter, https://nlihc.org/resource/moving-away-congregate-shelter (Jun. 9, 2020). 4 Id. at 8, citing Gove, W., Hughes, M., & Galle, O. (1979). Overcrowding in the home: An empirical investigation of possible pathological consequences. American Sociological Review 44(1), 59-80. See also Ann Oliva, Ending Homelessness: Addressing Local Challenges in Housing the Most Vulnerable, CENTER ON BUDGET AND POLICY PRIORITIES, https://www.cbpp.org/research/housing/ending-homelessness-addressing-local-challenges- in-housing-the-most-vulnerable (Feb. 2, 2022). 5 Jason M. Ward, et al. Recent Trends Among the Unsheltered in Three Los Angeles Neighborhoods: An Interim Report on the Los Angeles Longitudinal Enumeration and Demographic Survey (LA LEADS) Project, RAND Corporation, https://www.rand.org/pubs/research_reports/RRA1890-1.html (last visited Oct. 15, 2022). Packet Page. 1580 Page 3 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA The draft plan references the Ninth Circuit precedent in Martin v. City of Boise, which held that that cities may not criminalize people for their unhoused status. 920 F.3d 584 (9th Cir. 2019). Even though the draft cites this binding case, it states that starting on December 1, 2023, the City plans to have an additional 200 beds and as a result "the City can enforce the anti-camping ordinance and be in compliance." It is unclear why the City believes it may enforce its anti- camping code when it will still be woefully lacking in placements for its 1,017 unsheltered residents. As long as there are more unhoused individuals in the City than housing options available to them, it remains unconstitutional to criminalize individuals for engaging in life- sustaining activities like camping in public. Further, building shelters to enable the City to enforce its anti-camping ordinance is an adversarial policy that does nothing to solve the underlying housing crisis. The City’s goal of enforcing its anti-camping code is misplaced. The goal should not be to criminalize people, but rather to find ways to solve the underlying problem of lack of affordable housing that forces people to live on the street in the first place. Criminalizing people for being unhoused is counterproductive and hinders people’s ability to secure housing. People become unhoused because they cannot afford housing; punishing them does not make housing any more accessible. In fact, criminalization can actually make housing less accessible. Studies show that criminalization “perpetuates homelessness” by systematically limiting unhoused people’s access to services, housing, and jobs, while damaging their health, safety, and well-being.6 We urge the City to move away from punitive approaches to what is, in essence, a housing affordability crisis. The City should focus instead on meeting the immediate affordable housing and service needs of its unhoused population. Any interim accommodations the City provides while it develops sufficient permanent affordable housing should be non-congregate (e.g., motel vouchers), voluntary, and free from restrictive rules and protocols. The City’s top priority should be a commitment to permanent and dignified housing solutions. The City’s Stated Encampment Removal Policies (3-54) Do Not Match the City’s Actual Practices The draft plan refers to the City’s encampment removal program (at 3-54). The draft plan states that when encampments are "proposed for closure,” residents are provided with notice, and opportunity to store their belongings at the City's yard. See 3-54. However, the plan fails to mention widespread complaints that the City is destroying unhoused people’s personal property during these removals. The City is currently facing litigation by unhoused residents whose essential items have been destroyed during these operations. The City has destroyed unhoused people’s medicine, medical equipment, tents, clothing, food, blankets, IDs, and much more. Further, these encampment removals have a disparate impact on unhoused people with disabilities, including people using 6 See e.g. Chris Herring, Dilara Yarbrough, Lisa Marie Alatorre, Pervasive Penality: How the Criminalization of Poverty Perpetuates Homelessness, Social Problems, Volume 67, Issue 1, February 2020, Pages 131–149, https://doi.org/10.1093/socpro/spz004 Packet Page. 1581 Page 4 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA wheelchairs and other mobility devices. These individuals are often unable to comply with the City’s removal orders in time to avoid having their essential items destroyed. These individuals are also regularly forced into remote, inaccessible areas – including ravines, washes, and flood control channels – after their encampments are destroyed. The City’s largescale encampment removal program is harmful, unlawful, and contravenes best practices in addressing unhoused encampments.7 Effective outreach to unhoused people requires developing relationships of trust and respect, which is inherently undermined when the City destroys unhoused people’s personal property. Studies confirm that encampment displacements harm the health of encampment residents.8 The Centers for Disease Control and Prevention (CDC) advises municipalities not to move people from encampments unless individual housing units are available.9 We strongly urge the City to disband its encampment removal program and replace it with voluntary outreach efforts that prioritize long-term housing placements. *** To conclude, it is vital that the City invest in permanent and deeply affordable housing if it wants to fulfill its Housing First vision. It must also abandon harmful programs such as the City’s encampment removal and anti-camping enforcement plans. Thank you in advance, and please do not hesitate to contact me with any questions. Sincerely, Kath Rogers Staff Attorney 7 See United States Interagency Council on Homelessness, 7 Principles for Addressing Encampments (June 15, 2022), https://www.usich.gov/tools-for-action/7-principles-for-addressing-encampments/ 8 See Joshua A. Barocas et al., Population-Level Health Effects of Involuntary Displacement of People Experiencing Unsheltered Homelessness who Inject Drugs in US Cities, JAMA. Published online April 10, 2023. doi:10.1001/jama.2023.4800; Jamie Suki Change et al., Harms of Encampment Abatements on the Health of Unhoused People, SSM-Qualitative Research in Health, 2 (December 2022); Diane Qi Ba et al., Health Impact of Street Sweeps from the Perspective of Healthcare Providers, Journal of General Internal Medicine, 37 (March 2022). 9 Centers for Disease Control and Prevention, Guidance on Management of COVID-19 in Homeless Services Sites and in Correctional and Detention Facilities (updated November 29, 2022). https://www.cdc.gov/coronavirus/2019- ncov/community/homeless-correctional- settings.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019- ncov%2Fcommunity%2Fhomeless-shelters%2Funsheltered-homelessness.html Packet Page. 1582 290 North D St, San Bernardino, CA 92401 | P: 909-384-5357 | www.SBCity.org Community & Economic Development Department SENT VIA EMAIL ONLY January 30, 2024 Ms. Kath Rogers, Staff Attorney American Civil Liberties Union of Southern California Re: City of San Bernardino Response to November 20, 2023, Letter - Draft 2021-2029 Sixth Cycle Housing Element (January 2024 Revised Draft) Dear Ms. Rogers: Thank you for your letter dated November 20, 2023, regarding the City of San Bernardino Draft Housing Element noted above. This letter was prepared in response to that letter and follows the same format. Responses are noted in red. Program 5.6 (Homeless Services Program) Does Not Reflect the City’s Stated “Housing First” Approach The plan describes the City’s approach to addressing the needs of unhoused people as a commitment to the implementation of a “Housing First” strategy and “provision of a full continuum of housing and services to address homelessness,” as outlined in Program 5.6. We are encouraged by the City’s stated commitment to the Housing First model, which is a proven solution based on decades of empirical studies demonstrating that homelessness is most effectively solved by providing low-barrier access to permanent, stable housing. While the City has done laudable work to secure initial grant funding to address the crisis of its growing unhoused population, its draft Housing Element does little to put the City on a path to achieve its Housing First vision. Currently, the plan includes only several permanent housing developments for unhoused people. These include the All Star Lodge (already completed, at 4-17), the U.S. VETS Inland Empire project (at 4-17), and the Golden Springs project (at 6-4). However, the vast majority of the planned placements for unhoused people are emergency shelter beds and transitional shelter beds. Even with all the projects listed, the City will not come close to providing placements for its entire population of unhoused residents – especially as this number continues to rise. Packet Page. 1583 City of San Bernardino Page 2 of 4 The planned buildup of emergency, temporary, and/or interim placements will create a bottleneck of unhoused community members waiting for permanent and affordable housing. To truly fulfill the City’s Housing First goal, the City must prioritize deep investments in permanent housing solutions. Under the state’s official Housing First policy, placements for unhoused residents should be low- barrier, long-term, and should allow for people to stay with their loved ones, pets, and personal property.2 Studies have shown that congregate shelters are not an effective solution to the housing crisis and often do not provide pathways to permanent housing. Congregate shelters subject individuals to higher rates of communicable diseases like COVID-19, due to their tight quarters and requirements that many people share facilities.3 Further, crowding large numbers of people together can lead to social withdrawal, psychological distress, and other mental and physical health conditions, and often do not put residents on a path to obtaining permanent housing.4 Importantly, people do not want to live in congregate settings: in a recent research study of unhoused people in Los Angeles, 70% of individuals surveyed stated they would not accept offers to stay in group shelters, citing lack of privacy as a concern, suggesting a limited role for congregate shelters in effectively moving people off the streets.5 Rather than focusing on increasing its number of shelter beds, the City should prioritize moving people into dignified, permanent housing consistent with Housing First principles. RESPONSE: On the contrary, the Homeless Services Program does reflect the City’s “Housing First” approach. Keep in mind that the City of San Bernardino overall is in recovery stages, not only for the community but also the City infrastructure, due to the bankruptcy, the Great Recession, and the COVID-19 pandemic. Housing is a critical path to this recovery and the City is setting the groundwork for many next steps, especially in the Homeless Services Category. As discussed in the Housing Element, the City is dedicating staff resources, funding, grants, and land to address housing needs. With the number of unhoused people in the City and the potential increase, the need for emergency and temporary shelter, be it through shelter beds or motel vouchers, is critical. The City was recently awarded along with its partners Lutheran Social Services and Dignity Moves, approximately $35 Million for the Wellness Campus at their San Bernardino facility. Further, the City is working on its own Navigation Center, which will provide that transitional approach to providing housing and assisting the unhoused with stability and resources. To further permanent housing, the City is currently working with three housing partners to develop its Surplus Land Act properties, which are designed to provide permanent housing opportunities. Most properties are planned for 100% affordable units and very low and low-income ranges as well as exploring new micro units. The City’s Homeless Outreach Team serves as its first contact with our unhoused population, and through their efforts, we are gaining an understanding of the next steps for San Bernardino. Therefore, the City approach is to address both increasing shelter beds, providing motel vouchers, and partnering with housing developers and non-profit organizations to build permanent housing. Packet Page. 1584 City of San Bernardino Page 3 of 4 The City’s Anti-Camping Enforcement Plan (3-54) is Harmful, Unlawful, and Contravenes Best Practices The draft plan details the City’s commitment to ramping up enforcement of its anti-camping code against unhoused people. See 3-54. This anti-camping code (SBMC, Chapter 12.98) makes it unlawful to camp, occupy camp facilities or use camp paraphernalia in the following areas: (a) any street; (b) any public parking lot or public area, improved or unimproved; or (c) any park. In effect, the text of this code makes it unlawful for people to be unhoused within the City – anytime, anywhere. The draft plan references the Ninth Circuit precedent in Martin v. City of Boise, which held that that cities may not criminalize people for their unhoused status. 920 F.3d 584 (9th Cir. 2019). Even though the draft cites this binding case, it states that starting on December 1, 2023, the City plans to have an additional 200 beds and as a result "the City can enforce the anti-camping ordinance and be in compliance." It is unclear why the City believes it may enforce its anti- camping code when it will still be woefully lacking in placements for its 1,017 unsheltered residents. As long as there are more unhoused individuals in the City than housing options available to them, it remains unconstitutional to criminalize individuals for engaging in life- sustaining activities like camping in public. Further, building shelters to enable the City to enforce its anti-camping ordinance is an adversarial policy that does nothing to solve the underlying housing crisis. The City’s goal of enforcing its anti-camping code is misplaced. The goal should not be to criminalize people, but rather to find ways to solve the underlying problem of lack of affordable housing that forces people to live on the street in the first place. Criminalizing people for being unhoused is counterproductive and hinders people’s ability to secure housing. People become unhoused because they cannot afford housing; punishing them does not make housing any more accessible. In fact, criminalization can actually make housing less accessible. Studies show that criminalization “perpetuates homelessness” by systematically limiting unhoused people’s access to services, housing, and jobs, while damaging their health, safety, and well-being.6 We urge the City to move away from punitive approaches to what is, in essence, a housing affordability crisis. The City should focus instead on meeting the immediate affordable housing and service needs of its unhoused population. Any interim accommodations the City provides while it develops sufficient permanent affordable housing should be non-congregate (e.g., motel vouchers), voluntary, and free from restrictive rules and protocols. The City’s top priority should be a commitment to permanent and dignified housing solutions. Response: Comment noted. The City is committed to assisting all citizens, including those that do not have housing. Through the efforts to provide housing and services, the City is working diligently to assist its unhoused population. The City’s Stated Encampment Removal Policies (3-54) Do Not Match the City’s Actual Practices The draft plan refers to the City’s encampment removal program (at 3-54). The draft plan states that when encampments are "proposed for closure,” residents are provided with notice, and opportunity to store Packet Page. 1585 City of San Bernardino Page 4 of 4 their belongings at the City's yard. See 3-54. However, the plan fails to mention widespread complaints that the City is destroying unhoused people’s personal property during these removals. The City is currently facing litigation by unhoused residents whose essential items have been destroyed during these operations. The City has destroyed unhoused people’s medicine, medical equipment, tents, clothing, food, blankets, IDs, and much more. Further, these encampment removals have a disparate impact on unhoused people with disabilities, including people using 6 See e.g. Chris Herring, Dilara Yarbrough, Lisa Marie Alatorre, Pervasive Penality: How the Criminalization of Poverty Perpetuates Homelessness, Social Problems, Volume 67, Issue 1, February 2020, Pages 131– 149, https://doi.org/10.1093/socpro/spz004 wheelchairs and other mobility devices. These individuals are often unable to comply with the City’s removal orders in time to avoid having their essential items destroyed. These individuals are also regularly forced into remote, inaccessible areas – including ravines, washes, and flood control channels – after their encampments are destroyed. The City’s largescale encampment removal program is harmful, unlawful, and contravenes best practices in addressing unhoused encampments.7 Effective outreach to unhoused people requires developing relationships of trust and respect, which is inherently undermined when the City destroys unhoused people’s personal property. Studies confirm that encampment displacements harm the health of encampment residents.8 The Centers for Disease Control and Prevention (CDC) advises municipalities not to move people from encampments unless individual housing units are available.9 We strongly urge the City to disband its encampment removal program and replace it with voluntary outreach efforts that prioritize long-term housing placements. Response: Comment noted. The City is committed to assisting all citizens, including those that do not have housing. Through the efforts to provide housing and services, the City is working diligently to assist its unhoused population. To conclude, it is vital that the City invest in permanent and deeply affordable housing if it wants to fulfill its Housing First vision. It must also abandon harmful programs such as the City’s encampment removal and anti-camping enforcement plans. Thank you in advance, and please do not hesitate to contact me with any questions. We look forward to the completion of the City’s 2021 – 2029 Housing Element, its adoption and certification by the Department of Housing and Community Development, and its implementation to assist our San Bernardino community. Sincerely, Mary E. Lanier Interim Community Development and Housing Director Packet Page. 1586 EXECUTIVE DIRECTOR Tessie Solorzano, Esq. BOARD OF DIRECTORS Marvin Powell Jr., President Erica Alfaro, Esq., Vice President Goushia Farook, Esq., Secretary Christina Perez, Treasurer Daniel Aguilar Rebecca Eckley, Esq. Bob Garcia Liliana Garcia Maytorena Xingshuo Liu, Esq. Andrew R. Morand, Esq. Julie D. Neal, Esq. Nithin B. Reddy, Esq. Elaine S. Rosen, Esq. ICLS is a non‐profit 501(c)(3) corporation IRS Tax ID 95‐6124556 Donations are welcome. Senior Line: 800.977.4257 Toll Free: 888.245.4257 InlandLegal.org Indio P.O. Box 10650 Indio, CA 92202‐2563 Executive Office 1040 Iowa Ave., #106 Riverside, CA 92507‐2106 Ontario 3500 Porsche Way, #200 Ontario, CA 91764‐4941 Riverside 1040 Iowa Ave., #109 Riverside, CA 92507‐2106 Victorville 15428 Civic Center Drive, Ste 175 Victorville, CA 92392 SENT VIA EMAIL ONLY January 8, 2024 Travis Martin City of San Bernardino- Community and Economic Development 201 North E Street, 3rd Floor San Bernardino, CA 92401 Re: City of San Bernardino Draft 2021-2029 Sixth Cycle Housing Element (January 2024 Revised Draft) Dear Mr. Martin: Inland Counties Legal Services (ICLS) and The Public Interest Law Project (PILP) submit these comments regarding the City of San Bernardino’s (City) most recent 2021-2029 Sixth Cycle Draft Housing Element, revised January 2024. (Draft). Housing Needs, Resources, and Constraints Land Inventory Matters The current Draft still does not include any programs with actions that commit to facilitating development and monitoring approvals of the pipeline projects that the City relies upon to meet its Regional Housing Needs Assessment (RHNA), per our previous letter to you regarding previous iterations of the Draft dated November 20, 2023 (11/20/2023 Letter), included as Exhibit 1. Further, while the Draft references at page 4-35 that it has a program that allows for by-right development on the identified sites when projects propose 20 percent of all units at an affordable rate, the Draft does not contain any information or any analysis of how the City will monitor the approvals of those projects to ensure that by-right development occurs and that the development has affordable units as required by Government Code section 65583.2(h), (i). The City must revise the Draft to include this analysis and information. Site Inventory While the City has provided information regarding the sites that will be rezoned to allow increased densities in the RH and RMH zones (Draft, pp. 4-23 to 4-31, Tables 4-5 and 4-6), the City has not revised the Draft to provide specific actions that the City will take to facilitate and encourage higher density development. Also, the City has not analyzed the likelihood of Packet Page. 1587 2 residential development where 100 percent nonresidential uses are allowed. This means the City is still in danger of violating the No Net Loss Law, should the sites it identified to meet its RHNA are deemed inadequate during the planning period. The City needs to revise the Draft accordingly. Realistic Capacity The City still needs to revise the Draft to include additional information on the two projects explicitly listed as multi-family residential developments, the 20 Unit Multi-Family Residential Development on Eastside of Ferndale Avenue; South of East 39th Street; and the 27-unit Multi- Family Residential Complex on North Sterling Avenue (between E. Marshall Boulevard & E. Lynwood Drive). See City of San Bernardino Development Projects, located at the following link: https://www.sbcity.org/cms/One.aspx?portalId=17442546&pageId=18197247. Additionally, the Draft only reflects a few RHNA lower-income pipeline sites on its website, with none of those sites corresponding with projects in the Pipeline projects referenced in the Draft. (Draft, pp. 4-6 to 4-11; Table 4-2.) The City must correct these discrepancies to come into compliance with Government Code sections 65583 and 65584. Additionally, if the Draft continues to rely on hundreds of lower income units in the City’s development pipeline, the City must state in the Draft how those units will be affordable. This information is required by law in the Housing Element. (See HCD Sites Inventory Guidebook, p. 5.) City-Owned Sites Table 4-6, Draft, pages 4-28 to 4-31, does not have any of the suggested revisions the 11/20/2023 Letter stated that the City must include to comply with the Surplus Land Act. (11/20/2023 Letter, pp. 3-4.) Furthermore, the Draft still does not make it clear that the rezones will be completed by April 17, 2024. Ibid. The City needs to revise the Draft to address the suggested revisions on compliance with the Surplus Lands Act and rezoning obligation. Sites with Zoning for a Variety of Housing Types Single-Room Occupancy (SRO) Units In the Draft, the City plans to develop Micro SROs units to meet some of the housing needs of its seniors and people living with disabilities. (See Draft, p. 3-15.) However, the City needs to include information and sufficient analysis on how the City will ensure that the Micro SRO units are suitable and accessible under California Building Code standards, Chapters 11A and 11B, for this special needs population, especially when considering that the Micro SROs are indeed small at 250 to 450 square feet. It is unclear in the Draft how these units will be suitable for seniors and persons living with disabilities who have health conditions that impact their mobility. Packet Page. 1588 3 The Draft Has Not Fully Analyzed the Impact of Governmental Constraints on the Ability of the City to Develop Multi-Family Housing and Housing for People Living with Disabilities Government Code section 65583(a)(5) requires the City to identify, analyze, and explain efforts to remove governmental constraints upon the “maintenance, improvement, or development of housing for all income types. . .” While the City has revised the Draft regarding the impact of governmental constraints on its ability to develop housing, additional revisions are needed because the City has not provided enough analysis on the impact of illegal restrictions on density bonus for senior housing such as requiring market feasibility study and conditional use permits (CUP), which the City should analyze as constraints and clearly identify as an area needing correction on Table 3-8, regarding the necessary revisions to the City’s local density bonus ordinance, consistent with the stipulated judgment reached in Gracia, et al. v. City of San Bernardino, et al., CIVSB2301828 (filed February 10, 2023) (Gracia). (See Draft, p. 3-27.) Further, the Draft concludes without analysis that the Administrative Permit process does not constrain housing. (See Draft, p. 3-39.) The Draft should include the information the City relied upon to reach that conclusion, notwithstanding the City’s statement that the AP process only affects “small projects and is minimal.” Additionally, the Development Permit process, Draft, at page 3-40, which applies to units 5 or more units lacks any analysis of whether the process of four to eight weeks constrains the City’s ability to develop multifamily units in the City and if so what steps the City will take to ameliorate that issue. Finally, the Draft, at page 3-41, discusses CUPs, but does not include any analysis of how the CUP requirements have constrained housing, particularly housing for special needs populations (e.g., seniors and Persons with disabilities) in the City. (See e.g., Draft at p 3-51- City will be “amending reasonable accommodation provisions to allow for the consideration and permitting of land use permitting for facilities, where appropriate, that accommodate people with disability instead of requiring a conditional use permit for all cases,” emphasis added.) The City must revise the Draft to include this analysis. Concerning the City’s reasonable accommodation procedures, in the Draft, at page 3-51, the City should include timeframes in decision making on applications requesting a reasonable accommodation and analyze whether the City’s current process has impeded the ability of developers in need of a reasonable accommodation to seek one. Additionally, the City needs to include a program to revise San Bernardino Municipal Code (SBMC) Chapter 19.63.050 regarding the denial of reasonable accommodation- state law is more protective- requires both to be present – not either or. (Cal. Code Reg., tit. 2, §12179(b)(2): “The requested accommodation would impose an undue financial and administrative burden on the person who is asked to provide the accommodation.” (Emphasis added).) Additionally, the requirement under SBMC Chapter 19.63, to make the reasonable accommodation in writing conflicts with state law that does not require a reasonable accommodation to be made in a particular manner or at a particular time. (Cal. Code Reg., tit. 2, §12176(f)(3).) Accordingly, the City needs to revise the Draft and Programs 2.8 and 5.3 to include objectives to revise SBMC Chapter 19.63 regarding its reasonable accommodation process to ensure that the City asks for information related to disability that is not prohibited by state or federal law. To protect the privacy rights of persons living with disabilities particularly to their medical conditions and records, state and federal law Packet Page. 1589 4 prohibit inquiries about nature or severity of person’s disability/disabling condition. (24 CFR §100.204(c); Cal. Code Reg., tit. 2, §12176(b)(1). See also HUD/DOJ Statement on Reasonable Accommodations, Questions 16-18, available at following link: huddojstatement.pdf.) The City needs to revise the Draft to make this clear and include an objective in Programs 2.8 and 5.3, to revise SBMC Chapter 19.63 accordingly. Accessory Dwelling Units (ADUs) As the City has not made any of the changes outlined in the 11/20/2023 Letter regarding our comment concerning the City’s overreliance on ADUs to meet the RHNA, we defer to that document regarding information that the City is required to provide with regards to ADUs in the City and its usage towards the RHNA. (See 11/20/2023 Letter, pp. 4-5.) Potential and Actual Government Constraints Pursuant to Government Code Section 65583(a)(5) Land Use Controls We once again defer to the 11/20/2023 Letter regarding this section (11/20/2023 Letter, pp. 5-6) and note further that the City did not make any of the changes or amend the Draft to include a footnote related to compliance with our ongoing litigation in Gracia. Processing and Permitting Procedures The Draft still states that emergency shelters can be developed by-right, which runs counter to Chapter 19.10-E of the San Bernardino Municipal Code, and does not analyze how the City’s processing and permitting procedures, specifically the City not permitting the development of emergency shelters in any area zoned for residential use, have constrained the development of housing in the city pursuant to Government Code Section 65583(a)(5). The City must conduct this analysis, even if the Municipal Code is amended to allow by-right development. Codes and Enforcement The Draft does not assert that the City will analyze its housing codes and enforcement programs to ensure compliance with state and federal fair housing law, which is consistent with the duty to affirmatively further fair housing under Government Code section 8899.50, as affirmed in Martinez v. City of Clovis (2023) 90 Cal.App.5th 193 (Martinez). Zoning and Fees Transparency The City still needs to revise Program 2.3 (Development Fee Study), Draft, p. 7-12, to include a goal that it “may offer deferrals for any development fee with approval of City Council if they find that such a deferral would help improve or make project financing better,” Draft, p. 3-59. Packet Page. 1590 5 Fees and Exaction While the City has added analysis to show that the fee burden is not a constraint, it neglected to mention whether or not those fees are current. The City needs to revise the Draft to include this information and analyze the constraints presented by the City’s fee structure. Approval Time and Requests Lesser Densities The City still must analyze the constraint of the City’s approval process for the development of multi-family developments, as it currently takes about four months or longer to process, approve, and issue permits for multi-family developments than for their single-family counterparts. It must also include a corresponding program to explain how it will plan to address the disparity between the approval and processing times for residential development in the City. Environmental Constraints The City has not made any changes to its environmental constraints section, and thus we once again defer to the 11/20/2023 Letter and our comments regarding the necessary changes thereto. (See 11/20/2023 Letter, p. 8.) Affirmatively Furthering Fair Housing While we are pleased to see that the City has made strides in its analysis of Racial/Ethnic Areas of Concentration of Poverty (R/ECAPs) and Racially Concentrated Areas of Affluence (RCAAs), the Draft still must fully analyze the location of the sites in its AB 686 Sites Analysis and of affordable opportunities in high resource areas, as required by Government Code Section 8899.50. The Draft needs to be revised to include this information. (See 11/20/2023 Letter, pp. 8- 9.) Density Bonus Ordinance The Draft still does not inform or analyze the constraints presented on the development of housing by those applicants seeking a density bonus who were subjected to outdated and illegal provisions of the local density bonus ordinance as requested by HCD. Anti-Camping Ordinance Even though City proposes to add 200 shelter beds through the Motels for Vouchers, the City acknowledges that its unhoused population, at 1,350 persons is the highest in the County, and has increased in 2023. (See Draft, p. 5-36). The Draft needs to analyze impacts of enforcing the anti- camping ordinance, as a governmental constraint, on its unhoused population. Further, because the City lacks sufficient shelter to accommodate the needs of the unhoused as stated in the Draft, the proposed enforcement of the anti-camping ordinance conflicts with established 9th Circuit law that prohibits enforcement of criminal penalties for sitting, sleeping, or lying outside on Packet Page. 1591 6 public property where inadequate shelter exists. Martin v. Boise (9th Cir. 2018) 902 F.3d 1031, 1048. Johnson v. City of Grant Pass (9th Cir. 2023) 72 F.4th 868, 895. San Bernardino’s Draft Relies on Public Housing Replacement Projects as New Construction In the 11/20/2023 Letter, we commented upon the City’s pipeline projects in the Draft Housing Element, summarized in Table 4-2. (11/20/2023 Letter, p. 3.) The Draft claims credit for public housing projects of the Housing Authority for the County of San Bernardino (HACSB) that were already developed. We also found that these public housing replacement projects are not new housing nor do they meet committed assistance requirements under Government Code section 65583.1. Therefore, these two projects claimed in Table 4-2, Arrowhead Grove, claiming 213 units, and Crestview Terrace, claiming 184 units, should be removed from the inventory so that a total of 397 units are reduced from sites available to meet the lower income RHNA. Crestview Terrace – represented by the City as adding 184 new apartments to the City’s housing stock. (Draft, pp. 4-6, 4-9.) However, none of this housing is new, and does not add any additional units. Phase III was developed in 2020 and added 116 project-based units with tax credits and 31 tax-credit affordable units, but it replaced 182 units of existing public housing. (See 2022 and 2023 MTW Annual Report, Housing Authority County of San Bernardino, pp. 8, 129-131, available at the following link: HACSB-FY-2022-MTW-Annual-Report-HUD- Accepted-2.27.23.pdf; 2023-MTW-Plan-FINAL-HUD-Approved-11.4.22.pdf (hacsb.com), pp. 64, 65, last visited on December 19, 2023.) The balance of the units at Crestview Terrace from Phase III – 35 units are market-rate units with no RAD, PBV or tax-credit restrictions, and would not qualify as replacement units under Government Code Section 65583.2(g)(3). Arrowhead Grove is part of the former Waterman Gardens and was previously 251 public housing units that the City has redeveloped in multiple phases. Now in Phases IV and V, the City identifies a source of funds for the Phase IV development coming from HOME-assisted tenant based rental assistance funds. (See 2021 Annual Action Plan, City of San Bernardino Consolidated Plan, pp. 23, 33-34, available at the following link Attachment-22349.pdf, last visited on January 3, 2024.) This source of funds would not qualify under Government Code section 65583.1(d)(4), as the term “committed assistance” requires a “legally enforceable agreement” for that assistance, and it “does not include tenant-based rental assistance”. HACSB plans to develop 120 units in Phase V, but the City has not provided sufficient information about the source of the funds to be used to develop them to determine whether the units are eligible to be credited against the lower-income RHNA under Government Code sections 65583.1 and 65583.2. (See RFP-PC1346-Arrowhead-Grove-Developer-Partner-final.pdf (hacsb.com), p. 4; see also San Bernardino to start on next phase of affordable housing project (iebusinessdaily.com).) All-Star Lodge – Draft, p. 4-17, 75 units of Permanent Supportive Housing, funded with Homekey moneys. (Draft, Table 4-2, p. 4.6.) The developer, Shangri-La Industries LLC (SLI), was recently found in breach of its Homekey agreement by the State of California for failing to record 55-year covenants of affordability against all parcels of the project. Notice-of-Violations- Final.12.4.23.pdf (calmatters.org), p. 19-20 (discussing breach of SLI, owner/developer of All- Packet Page. 1592 7 Star Lodge in City of San Bernardino); see also California homeless housing projects on hold- CalMatters (discussing the various breaches and legal violations by SLI). These 75 units should be removed from the RHNA inventory, unless the City can provide sufficient information in the Draft that the rents charged for the units are indeed at an affordable rate. The information we have located calls the City’s representations that this project should be counted against its RHNA into question. Table 4-3, Draft p. 4-14- ADU Survey – many of the lower-income units, unit types and type of units are not specified, so it calls into question whether City can realistically rely upon this housing type to meet its lower-income housing needs. Housing Programs We defer to the 11/20/2023 Letter regarding our comments to the following Programs contained in the Draft that still require revision: Program 1.5 (Accessory Dwelling Unit, pp. 7-9, 7-30, regarding revising the goals for this program to include the specific accessibility, affordability, and housing code requirements for ADUs to help assess the feasibility of this program to meet the needs of lower-income residents who live in the City and who are in need of housing to access them); Program 3.5 (Violence Prevention/Intervention, Draft, pp. 7-17, 7-34); Program 4.1 (Preservation of Assisted Multi-Family Housing, Draft, pp. 7-20, 7-36); Program 4.2 (Rent Control/Stabilization, Draft, pp. 7-20, 7-36 erroneously named “Mobile Home Parks”); Program 4.3 (Housing Choice Vouchers, Draft, pp. 7-21, 7.36); Program 4.4 (Emergency Rental Assistance, Draft, pp. 7-21, 7-36). (See 11/20/2023 Letter, pp. 10-12.) Further, the following programs not discussed in the 11/20/2023 Letter also need further revisions: Program 2.8 – Constraints to Housing for People with Disabilities, Draft, p. 7-14, Program 5-3: Housing for People with Disabilities, Draft, p. 7-25, As mentioned, the City’s reasonable accommodation ordinance requirement to disclose the nature of the disability in making a request for an accommodation violates state and federal law protections that prohibit asking a requestor of a reasonable accommodation about the nature of their disability/disabling condition. 24 CFR §100.204(c); Cal. Code Reg., tit. 2, §12176(b)(1). Accordingly, the City must revise these proposed programs to include objectives with specific metrics and timelines to revise SBMC Chapter 19.63 to bring that Chapter in compliance with state and federal law regarding reasonable accommodations. Program 3.5- Objective 3.5c – We maintain our objection to the use of city funds to support the feasibility for a neighborhood watch program because of the exclusionary history of such programs and the concern of such a program serving as a proxy to exclude persons who have or have had negative interactions with law enforcement in violation of state and federal fair housing law from being able to find shelter in the City. (11/20/2023 Letter, p. 11.) As such, the City must revise this program and this objective to specifically state how it will comply with its duty to affirmatively further fair housing and remove barriers that cause impediments to fair housing opportunity, as required by Government Code section 8899.50 and Martinez, 90 Cal.App.5th at Packet Page. 1593 8 285-86, to ensure that no fair housing violations occur with exploring the feasibility of a neighborhood watch program in the City. Public Participation Lastly, we defer to the 11/20/2023 Letter with regards to this section, as the City did not make any of the changes outlined therein. (See 11/20/2023 Letter, p. 13.) The City’s Draft still does not substantially comply with Housing Element Law and we urge the City to revise the Draft accordingly so that it may comply with the law. We are happy to schedule time to speak with you about or comments and concerns about the Draft. Please contact us at akim@icls.org, to schedule a date and time to meet about our comments. Sincerely, Anthony Kim Staff Attorney, Inland Counties Legal Services Ugochi Anaebere-Nicholson Staff Attorney, The Public Interest Law Project /s/ Packet Page. 1594 290 North D St, San Bernardino, CA 92401 | P: 909-384-5357 | www.SBCity.org Community & Economic Development Department SENT VIA EMAIL ONLY February 5, 2024 Anthony Kim Staff Attorney, Inland Counties Legal Services Ugochi Anaebere-Nicholson Staff Attorney, The Public Interest Law Project Re: City of San Bernardino Response to the January 8th, 2024, Letter - Draft 2021-2029 Sixth Cycle Housing Element (January 2024 Revised Draft) Dear Mr. Kim and Ms. Anaebere-Nicholson: Thank you for your letter dated January 8th, 2024, and our calls to discuss the City of San Bernardino Draft Housing Element noted above. I am pleased to provide this response, which covers the comments referenced in that letter and provides further clarification on the City’s Housing Element goals, policies, and programs, as discussed. The letter also refers to the City’s response dated January 16, 2024, to your November 23, 2023 letter, as the letters overlap due to the timing of responses provided by the City. Responses are noted in red. Housing Needs, Resources, and Constraints Land Inventory Matters The current Draft still does not include any programs with actions that commit to facilitating development and monitoring approvals of the pipeline projects that the City relies upon to meet its Regional Housing Needs Assessment (RHNA), per our previous letter to you regarding previous iterations of the Draft dated November 20, 2023 (11/20/2023 Letter), included as Exhibit 1. Further, while the Draft references at page 4-35 that it has a program that allows for by-right development on the identified sites when projects propose 20 percent of all units at an affordable rate, the Draft does not contain any information or any analysis of how the City will monitor the approvals of those projects to ensure that by-right development occurs and that the development has affordable units as required by Government Code section 65583.2(h), (i). The City must revise the Draft to include this analysis and information. Response: Please see response #2, which provides additional information and includes Program 2.5 and Action 2.5c. See Moderate and Above Moderate Sites Inventory in Appendix A. Packet Page. 1595 City of San Bernardino Page 2 of 10 Site Inventory While the City has provided information regarding the sites that will be rezoned to allow increased densities in the RH and RMH zones (Draft, pp. 4-23 to 4-31, Tables 4-5 and 4-6), the City has not revised the Draft to provide specific actions that the City will take to facilitate and encourage higher density development. Also, the City has not analyzed the likelihood of residential development where 100 percent nonresidential uses are allowed. This means the City is still in danger of violating the No Net Loss Law, should the sites it identified to meet its RHNA are deemed inadequate during the planning period. The City needs to revise the Draft accordingly. Response: Please see response #3 A -F. A conservative approach was used in the unit calculations for the RMH-32 and RH-50, as noted on page 424 and Program 4.5, where 85% was assumed. In addition, as part of the Development Code update, various standards will be relaxed, facilitating higher residential densities. See Programs 2.4, Actions a. and b. Density bonus revisions in Program 2.2 will also provide further incentives to achieve higher densities intended for the respective zoning districts. Realistic Capacity The City still needs to revise the Draft to include additional information on the two projects explicitly listed as multi-family residential developments, the 20 Unit Multi-Family Residential Development on Eastside of Ferndale Avenue; South of East 39th Street; and the 27-unit Multi- Family Residential Complex on North Sterling Avenue (between E. Marshall Boulevard & E. Lynwood Drive). See City of San Bernardino Development Projects, located at the following link: https://www.sbcity.org/cms/One.aspx?portalId=17442546&pageId=18197247. Additionally, the Draft only reflects a few RHNA lower-income pipeline sites on its website, with none of those sites corresponding with projects in the Pipeline projects referenced in the Draft. (Draft, pp. 4-6 to 4-11; Table 4-2.) The City must correct these discrepancies to come into compliance with Government Code sections 65583 and 65584. Additionally, if the Draft continues to rely on hundreds of lower income units in the City’s development pipeline, the City must state in the Draft how those units will be affordable. This information is required by law in the Housing Element. (See HCD Sites Inventory Guidebook, p. 5.) Response: Please see response #4. City-Owned Sites Table 4-6, Draft, pages 4-28 to 4-31, does not have any of the suggested revisions the 11/20/2023 letter stated that the City must include to comply with the Surplus Land Act. (11/20/2023 letter, pp. 3-4.) Furthermore, the Draft still does not make it clear that the rezones will be completed by April 17th, 2024. Ibid. The City needs to revise the Draft to address the suggested revisions on compliance with the Surplus Lands Act and rezoning obligation. Response: Please see response #6. Packet Page. 1596 City of San Bernardino Page 3 of 10 Sites with Zoning for a Variety of Housing Types Single-Room Occupancy (SRO) Units In the Draft, the City plans to develop Micro SROs units to meet some of the housing needs of its seniors and people living with disabilities. (See Draft, p. 3-15.) However, the City needs to include information and sufficient analysis on how the City will ensure that the Micro SRO units are suitable and accessible under California Building Code standards, Chapters 11A and 11B, for this special needs population, especially when considering that the Micro SROs are indeed small at 250 to 450 square feet. It is unclear in the Draft how these units will be suitable for seniors and persons living with disabilities who have health conditions that impact their mobility. Response: Please see response #7. In response to accessibility in smaller square footage units, the City will require projects to comply with Title 24 building requirements for accessibility. This will be further realized in projects that the City is participating in through land grants and funding. It is the City’s intent to facilitate both SRO and Mirco Unit projects as they are submitted for a project entitlement. The Draft Has Not Fully Analyzed the Impact of Governmental Constraints on the Ability of the City to Develop Multi-Family Housing and Housing for People Living with Disabilities Government Code section 65583(a)(5) requires the City to identify, analyze, and explain efforts to remove governmental constraints upon the “maintenance, improvement, or development of housing for all income types. . .” While the City has revised the Draft regarding the impact of governmental constraints on its ability to develop housing, additional revisions are needed because the City has not provided enough analysis on the impact of illegal restrictions on density bonus for senior housing such as requiring market feasibility study and conditional use permits (CUP), which the City should analyze as constraints and clearly identify as an area needing correction on Table 3-8, regarding the necessary revisions to the City’s local density bonus ordinance, consistent with the stipulated judgment reached in Gracia, et al. v. City of San Bernardino, et al., CIVSB2301828 (filed February 10th, 2023) (Gracia). (See Draft, p. 3-27.) Further, the Draft concludes without analysis that the Administrative Permit process does not constrain housing. (See Draft, p. 3-39.) The Draft should include the information the City relied upon to reach that conclusion, notwithstanding the City’s statement that the AP process only affects “small projects and is minimal.” Additionally, the Development Permit process, Draft, at page 3-40, which applies to units 5 or more units lacks any analysis of whether the process of four to eight weeks constrains the City’s ability to develop multifamily units in the City and if so what steps the City will take to ameliorate that issue. Finally, the Draft, at page 3-41, discusses CUPs, but does not include any analysis of how the CUP requirements have constrained housing, particularly housing for special needs populations (e.g., seniors and Persons with disabilities) in the City. (See e.g., Draft at p 3-51- City will be “amending reasonable accommodation provisions to allow for the consideration and permitting of land use permitting for facilities, where appropriate, that accommodate people with disability instead of requiring a conditional use permit for all cases,” emphasis added.) The City must revise the Draft to include this analysis. Concerning the City’s reasonable accommodation procedures, in the Draft, at page 3-51, the City should include timeframes in decision making on applications requesting a reasonable accommodation and analyze whether the City’s current process has impeded the ability of developers in need of a reasonable Packet Page. 1597 City of San Bernardino Page 4 of 10 accommodation to seek one. Additionally, the City needs to include a program to revise San Bernardino Municipal Code (SBMC) Chapter 19.63.050 regarding the denial of reasonable accommodation- state law is more protective- requires both to be present – not either or. (Cal. Code Reg., tit. 2, §12179(b)(2): “The requested accommodation would impose an undue financial and administrative burden on the person who is asked to provide the accommodation.” (Emphasis added).) Additionally, the requirement under SBMC Chapter 19.63, to make the reasonable accommodation in writing conflicts with state law that does not require a reasonable accommodation to be made in a particular manner or at a particular time. (Cal. Code Reg., tit. 2, §12176(f)(3).) Accordingly, the City needs to revise the Draft and Programs 2.8 and 5.3 to include objectives to revise SBMC Chapter 19.63 regarding its reasonable accommodation process to ensure that the City asks for information related to disability that is not prohibited by state or federal law. To protect the privacy rights of persons living with disabilities particularly to their medical conditions and records, state and federal law prohibit inquiries about nature or severity of person’s disability/disabling condition. (24 CFR §100.204(c); Cal. Code Reg., tit. 2, §12176(b)(1). See also HUD/DOJ Statement on Reasonable Accommodations, Questions 16-18, available at following link: huddojstatement.pdf.) The City needs to revise the Draft to make this clear and include an objective in Programs 2.8 and 5.3, to revise SBMC Chapter 19.63 accordingly. Response: Additional analysis has been added in the Constraints chapter of the Housing Element. The City has also initiated an update of its Density Bonus Ordinance and in the meantime, will process applications in accordance with State law. The Housing Plan, Program 5.3b, proposes a revision to the reasonable accommodation ordinance consistent with state law. To date, the City is not aware of any reasonable accommodation requests, but if requested, it would address them as submitted and in compliance with State and Federal laws. Currently, there is no fee for reasonable accommodation requests. Prior responses demonstrate that the permitting processes and timelines are reasonable. The City is currently working with three affordable housing developers to provide affordable housing on City owned surplus land, which will provide a range of housing. By doing so, the City continues its commitment to affordable housing and working with the development community. HCD has reviewed the City’s permitting processes and concurs with all recommended changes. Accessory Dwelling Units (ADUs) As the City has not made any of the changes outlined in the 11/20/2023 letter regarding our comment concerning the City’s overreliance on ADUs to meet the RHNA, we defer to that document regarding information that the City is required to provide with regards to ADUs in the City and its usage towards the RHNA. (See 11/20/2023 letter, pp. 4-5.) Response: Please see response #6. The City has provided documentation to support its use of ADUs to meet the RHNA. To ensure that the RHNA is being met, the City will annually monitor the construction of ADUs. Also, through the City’s new General Plan and Zoning, additional residential land will be identified, and the City expects to exceed the amount of residentially zoned land required by the RHNA when completed. Packet Page. 1598 City of San Bernardino Page 5 of 10 Potential and Actual Government Constraints Pursuant to Government Code Section 65583(a)(5) Land Use Controls We once again defer to the 11/20/2023 Letter regarding this section (11/20/2023 Letter, pp. 5-6) and note further that the City did not make any of the changes or amend the Draft to include a footnote related to compliance with our ongoing litigation in Gracia. Response: HCD has concurred with changes made to land use controls; no other revisions are necessary. The Housing Element cites the Gracia litigation eight times in the housing element. Processing and Permitting Procedures The Draft still states that emergency shelters can be developed by-right, which runs counter to Chapter 19.10-E of the San Bernardino Municipal Code, and does not analyze how the City’s processing and permitting procedures, specifically the City not permitting the development of emergency shelters in any area zoned for residential use, have constrained the development of housing in the city pursuant to Government Code Section 65583(a)(5). The City must conduct this analysis, even if the Municipal Code is amended to allow by-right development. Response: Please see response #11. Codes and Enforcement The Draft does not assert that the City will analyze its housing codes and enforcement programs to ensure compliance with state and federal fair housing law, which is consistent with the duty to affirmatively further fair housing under Government Code section 8899.50, as affirmed in Martinez v. City of Clovis (2023) 90 Cal.App.5th 193 (Martinez). Response: The City has added a Program to review its Code Enforcement program for compliance with Federal Fair Housing laws. See program 3.3, action d. Zoning and Fees Transparency The City still needs to revise Program 2.3 (Development Fee Study), Draft, p. 7-12, to include a goal that it “may offer deferrals for any development fee with approval of City Council if they find that such a deferral would help improve or make project financing better,” Draft, p. 3-59. Response: Please see response #13. Packet Page. 1599 City of San Bernardino Page 6 of 10 Fees and Exaction While the City has added analysis to show that the fee burden is not a constraint, it neglected to mention whether or not those fees are current. The City needs to revise the Draft to include this information and analyze the constraints presented by the City’s fee structure. Response: Please see response #13. Approval Time and Requests Lesser Densities The City still must analyze the constraint of the City’s approval process for the development of multi- family developments, as it currently takes about four months or longer to process, approve, and issue permits for multi-family developments than for their single-family counterparts. It must also include a corresponding program to explain how it will plan to address the disparity between the approval and processing times for residential development in the City. Response: Please see response #14. Environmental Constraints The City has not made any changes to its environmental constraints section, and thus we once again defer to the 11/20/2023 letter and our comments regarding the necessary changes thereto. (See 11/20/2023 letter, p. 8.) Response: Please see response #15. Affirmatively Furthering Fair Housing While we are pleased to see that the City has made strides in its analysis of Racial/Ethnic Areas of Concentration of Poverty (R/ECAPs) and Racially Concentrated Areas of Affluence (RCAAs), the Draft still must fully analyze the location of the sites in its AB 686 Sites Analysis and of affordable opportunities in high resource areas, as required by Government Code Section 8899.50. The Draft needs to be revised to include this information. (See 11/20/2023 letter, pp. 8- 9.) Response: Please see response #16. Note Programs 5.7 and 5.8 have been added to Table 7-1. Density Bonus Ordinance The Draft still does not inform or analyze the constraints presented on the development of housing by those applicants seeking a density bonus who were subjected to outdated and illegal provisions of the local density bonus ordinance as requested by HCD. Packet Page. 1600 City of San Bernardino Page 7 of 10 Response: Please see response #17. As with some other cities in California, the City of San Bernardino will process any and all requests for a Density Bonus in compliance with State law. The City is not aware of any applicants that were denied or processed under outdated provisions. Anti-Camping Ordinance Even though City proposes to add 200 shelter beds through the Motels for Vouchers, the City acknowledges that its unhoused population, at 1,350 persons is the highest in the County, and has increased in 2023. (See Draft, p. 5-36). The Draft needs to analyze impacts of enforcing the anti- camping ordinance, as a governmental constraint, on its unhoused population. Further, because the City lacks sufficient shelter to accommodate the needs of the unhoused as stated in the Draft, the proposed enforcement of the anti-camping ordinance conflicts with established 9th Circuit law that prohibits enforcement of criminal penalties for sitting, sleeping, or lying outside on public property where inadequate shelter exists. Martin v. Boise (9th Cir. 2018) 902 F.3d 1031, 1048. Johnson v. City of Grant Pass (9th Cir. 2023) 72 F.4th 868, 895. Response: Please see response #18. The City is working closely with its local non-profits to secure shelter beds in addition to motel vouchers. In addition to the recent HomeKey award to the City and partner Lutheran Social Services of Southern California for Wellness campus to include shelter beds for men, the City is also moving forward with an RFP for the design-build of its own Navigation Center to house and provide services for the City’s unhoused. San Bernardino’s Draft Relies on Public Housing Replacement Projects as New Construction In the 11/20/2023 letter, we commented upon the City’s pipeline projects in the Draft Housing Element, summarized in Table 4-2. (11/20/2023 Letter, p. 3.) The Draft claims credit for public housing projects of the Housing Authority for the County of San Bernardino (HACSB) that were already developed. We also found that these public housing replacement projects are not new housing nor do they meet committed assistance requirements under Government Code section 65583.1. Therefore, these two projects claimed in Table 4-2, Arrowhead Grove, claiming 213 units, and Crestview Terrace, claiming 184 units, should be removed from the inventory so that a total of 397 units are reduced from sites available to meet the lower income RHNA. Crestview Terrace – represented by the City as adding 184 new apartments to the City’s housing stock. (Draft, pp. 4-6, 4-9.) However, none of this housing is new, and does not add any additional units. Phase III was developed in 2020 and added 116 project-based units with tax credits and 31 tax-credit affordable units, but it replaced 182 units of existing public housing. (See 2022 and 2023 MTW Annual Report, Housing Authority County of San Bernardino, pp. 8, 129-131, available at the following link: HACSB-FY- 2022-MTW-Annual-Report-HUD- Accepted-2.27.23.pdf; 2023-MTW-Plan-FINAL-HUD-Approved- 11.4.22.pdf (hacsb.com), pp. 64, 65, last visited on December 19th, 2023.) The balance of the units at Crestview Terrace from Phase III – 35 units are market-rate units with no RAD, PBV or tax-credit restrictions, and would not qualify as replacement units under Government Code Section 65583.2(g)(3). Packet Page. 1601 City of San Bernardino Page 8 of 10 Arrowhead Grove is part of the former Waterman Gardens and was previously 251 public housing units that the City has redeveloped in multiple phases. Now in Phases IV and V, the City identifies a source of funds for the Phase IV development coming from HOME-assisted tenant based rental assistance funds. (See 2021 Annual Action Plan, City of San Bernardino Consolidated Plan, pp. 23, 33-34, available at the following link Attachment-22349.pdf, last visited on January 3rd, 2024.) This source of funds would not qualify under Government Code section 65583.1(d)(4), as the term “committed assistance” requires a “legally enforceable agreement” for that assistance, and it “does not include tenant-based rental assistance”. HACSB plans to develop 120 units in Phase V, but the City has not provided sufficient information about the source of the funds to be used to develop them to determine whether the units are eligible to be credited against the lower-income RHNA under Government Code sections 65583.1 and 65583.2. (See RFP-PC1346-Arrowhead-Grove-Developer-Partner-final.pdf (hacsb.com), p. 4; see also San Bernardino to start on next phase of affordable housing project (iebusinessdaily.com).) All-Star Lodge – Draft, p. 4-17, 75 units of Permanent Supportive Housing, funded with Homekey moneys. (Draft, Table 4-2, p. 4.6.) The developer, Shangri-La Industries LLC (SLI), was recently found in breach of its Homekey agreement by the State of California for failing to record 55-year covenants of affordability against all parcels of the project. Notice-of-Violations- Final.12.4.23.pdf (calmatters.org), p. 19-20 (discussing breach of SLI, owner/developer of All- Star Lodge in City of San Bernardino); see also California homeless housing projects on hold- CalMatters (discussing the various breaches and legal violations by SLI). These 75 units should be removed from the RHNA inventory, unless the City can provide sufficient information in the Draft that the rents charged for the units are indeed at an affordable rate. The information we have located calls the City’s representations that this project should be counted against its RHNA into question. Table 4-3, Draft p. 4-14- ADU Survey – many of the lower-income units, unit types and type of units are not specified, so it calls into question whether City can realistically rely upon this housing type to meet its lower-income housing needs. Response: The Housing Element has updated the sections related to these units and provided clarification, as requested by HCD staff. Housing Programs We defer to the 11/20/2023 letter regarding our comments to the following Programs contained in the Draft that still require revision: Program 1.5 (Accessory Dwelling Unit, pp. 7-9, 7-30, regarding revising the goals for this program to include the specific accessibility, affordability, and housing code requirements for ADUs to help assess the feasibility of this program to meet the needs of lower-income residents who live in the City and who are in need of housing to access them); Program 3.5 (Violence Prevention/Intervention, Draft, pp. 7-17, 7-34); Program 4.1 (Preservation of Assisted Multi-Family Housing, Draft, pp. 7-20, 7-36); Program 4.2 (Rent Control/Stabilization, Draft, pp. 7-20, 7-36 erroneously named “Mobile Home Parks”); Program 4.3 (Housing Choice Vouchers, Draft, pp. 7-21, 7.36); Program 4.4 (Emergency Rental Assistance, Draft, pp. 7-21, 7-36). (See 11/20/2023 letter, pp. 10-12.) Packet Page. 1602 City of San Bernardino Page 9 of 10 Response: See Numbers 19-24. Further, the following programs not discussed in the 11/20/2023 letter also need further revisions: Program 2.8 – Constraints to Housing for People with Disabilities, Draft, p. 7-14, Program 5-3: Housing for People with Disabilities, Draft, p. 7-25, As mentioned, the City’s reasonable accommodation ordinance requirement to disclose the nature of the disability in making a request for an accommodation violates state and federal law protections that prohibit asking a requestor of a reasonable accommodation about the nature of their disability/disabling condition. 24 CFR §100.204(c); Cal. Code Reg., tit. 2, §12176(b)(1). Accordingly, the City must revise these proposed programs to include objectives with specific metrics and timelines to revise SBMC Chapter 19.63 to bring that Chapter in compliance with state and federal law regarding reasonable accommodations. Response: An action item is included to revise the Ordinance. Program 3.5- Objective 3.5c – We maintain our objection to the use of city funds to support the feasibility for a neighborhood watch program because of the exclusionary history of such programs and the concern of such a program serving as a proxy to exclude persons who have or have had negative interactions with law enforcement in violation of state and federal fair housing law from being able to find shelter in the City. (11/20/2023 Letter, p. 11.) As such, the City must revise this program and this objective to specifically state how it will comply with its duty to affirmatively further fair housing and remove barriers that cause impediments to fair housing opportunity, as required by Government Code section 8899.50 and Martinez, 90 Cal.App.5th at 285-86, to ensure that no fair housing violations occur with exploring the feasibility of a neighborhood watch program in the City. Response: No funding is proposed. Should the City be included in any program, it will comply with Fair Housing laws and requirements. Public Participation Lastly, we defer to the 11/20/2023 letter with regards to this section, as the City did not make any of the changes outlined therein. (See 11/20/2023 letter, p. 13.) Response: See #25, which outlines the City’s public participation that occurred throughout the process. The City’s Draft still does not substantially comply with Housing Element Law and we urge the City to revise the Draft accordingly so that it may comply with the law. We are happy to schedule time to speak with you about or comments and concerns about the Draft. Please contact us at akim@icls.org, to schedule a date and time to meet about our comments. Packet Page. 1603 City of San Bernardino Page 10 of 10 Response: The City and its staff believe the Draft Housing Element does indeed comply with the Housing Element Law and is a document to guide the staff and decision-makers with measures and programs to implement through the Cycle. As noted from our call on January 23, 2024, the City will prepare a reasonable accommodation letter, noting the City’s compliance with Federal and State laws and requirements. The letter will be similar to that, memorializing the City’s commitment to compliance with State Density Bonus Law. Thank you again for your comments. We are pleased that through the letters and dialog, we were able to address many of your concerns, resulting in a better Housing Element. We look forward to the completion of the City’s 2021 – 2029 Housing Element, its adoption, and certification by the Department of Housing and Community Development. We appreciate your input as we look to the Housing Element implementation to assist our San Bernardino community. Sincerely, Mary E. Lanier Interim Community Development and Housing Director Packet Page. 1604 From:Maribel Nunez To:CommunityDevelopment Subject:public comment: San Bernardino Housing element Date:Tuesday, January 23, 2024 2:29:52 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. Hello Maribel Nunez from Inland Equity Community Land Trust and San Bernardino Tenants Union chapter. This is public comment for the San Bernardino Housing element in partnership with Uplift SB City of San Bernardino Housing Element - Ch. 7 Review Feedback: Program 1.1b and 1.4b: as revised would only allow 19.46 acres to be upzoned. The upzoned 19.46 acres is not enough land to meet the housing needs of San Bernardino residents. The city should make an effort to identify additional parcels, vacant lots and vacant buildings in order to develop more housing infrastructure by considering the following: The Affordable Housing and High Roads Jobs Act (SB 6) and the Middle Class Housing Act both (AB 2011) both address state housing needs, revitalize underutilized commercial land and generate well-paid construction jobs. See reference here. SB 432: removes the sunset of SB 35 (2017), which allows for ministerial approval of developments in communities that have not met their Regional Housing Needs Allocations or adopted a compliant housing element and extends the law to coastal communities. AB 1033: repeals a current law that prohibits the separate conveyance of ADUs, enabling property owners in participating cities to build an ADU and sell it separately, providing a new homeownership option for families and the potential for wealth-building for homeowners. AB 1449: extends CEQA exemptions to 100% affordable projects assisted through the LIHTC program as long as they meet specified labor and environmental requirements. As most affordable developments include tax credits, this bill will streamline the development process for affordable projects and bring new homes online faster. AB 1418: prohibits cities and counties from enacting “crime-free” housing programs and nuisance ordinances that require landlords to evict people when a household member is a Packet Page. 1605 convicted felon. AB 323 intergenerational housing developments for older adults with caregivers and transitional age youth. Here is a link to the recent legislation that Governor Newsom signed. 56 housing bills signed into law. Program 1.5: Consider modeling the proposed ADU program after the City of San Diego’s ADU bonus program. Program 1.5c and Program 2.5b: Consider modeling the proposed “One Stop Shop” after City of Riverside’s “One Stop Shop”. Program 2.7c and d: Consider contracting the following developers to build micro units for unhoused populations and LMI communities: Dignity Moves: Units are built to FEMA emergency building codes as opposed to traditional building codes. This allows for a streamlined permitting process and quicker turn around time for units to come online. Dignity Moves also leases land. ½ acre parcel, vacant lot, etc. can accommodate up to 70 rooms including common areas. LifeArk: Prefabricated modular housing that can also float on water, great for communities affected by heavy floods and rain. There is a site located in El Monte currently providing permanent supportive housing. Program 3.1b and 4.2: Leverage SB 940 which amends Civil Code Sections 798.7 and 798.45, which currently prohibit local rent stabilization ordinances from governing newly constructed mobile home spaces first offered for rent after January 1, 1990. SB 940 would allow local mobilehome rent regulations to govern a newly added mobile home space in an existing park regardless of when it was initially held out for rent. The bill also retains an incentive for the building of new mobile home parks by allowing for a “rolling” 10-year exemption for spaces in those parks, so as to Packet Page. 1606 allow investors to recoup their costs of acquisition and construction. Also consider applying to the Manufactured Housing Opportunity and Revitalization Program (MORE). Program 3.5b and 3.7: Partner with the Continuum of Care Interagency Council on Homelessness to submit an application for YHDP funding to address youth and young adults experiencing homelessness and HHAP 5 funding to generally reduce homelessness across all populations. Program 4.5: Consider implementing first-time home buyer education at the high school level, partnering with SBCUSD and HUD approved counseling agencies: Neighborhood Partnership Housing Services, Neighborhood Housing Services of the Inland Empire, Credit.org provide these services. Program 4.7: Consider partnering with the following consultants: 1. LeSar Development Consultants 2. Terner Center UC Berkeley Program 4.8: Partner with SBCTA for the Regional Housing Trust Fund. Program 5.4: Persuade County Supervisors to provide municipal bonds for SBVC mixed-used student housing. Program 5.6: Consider partnering with Community Solutions for their Built for Zero initiative for cities to achieve functional zero homelessness. Invest in shelter bed creation for interim and permanent supportive housing for populations experiencing homelessness. Additional comments: The City of San Bernardino can increase home ownership by setting aside new market rate housing builds for first time home buyers and restricting corporate buyers from purchasing in a Packet Page. 1607 community that receives support from the city. The density the city is proposing for either COR-1 or COR-2 is not enough for a major corridor that should be made into a walkable and bikeable corridor. Both should be 80+ units per acre to achieve a high-enough density of people (and thus a high-enough demand of services such as grocery, restaurants and entertainment) that will allow a walkable and bikeable community to thrive. If the density is lower, then the E Street Corridor will just become a speedway for cars. Nothing against cars and public transportation, such as sbX is absolutely an amazing addition to E Street, but the COR-1 and COR-2 zoning as it is currently proposed conflicts with the city’s goal to plan towards the future and reduce reliance on cars. Consider the Following Tenant Protection Models 1. Add TOPA/COPA (Tenant/Community Opportunity to Purchase Act) elements when the landlord is not complying. All jurisdictions should consider committing to adopt a local TOPA/COPA policy in their Housing Element in order to prevent displacement, stabilize current residents and existing communities, and preserve affordable housing for the long term. Consider the Following Shared Equity Models 1. Community land trusts and co-op, work with existing CLT’s and co-op Concerns: The City of San Bernardino does not have sufficient staff to support numerous endeavors, consider creating a pipeline of high school students and college students interning in multiple City departments Packet Page. 1608 that eventually lead to local career opportunities. Typos: Correct SB 2011 to AB 2011 Best, Maribel Nunez Inland Equity Partnership Executive Director (562) 569-4051 Packet Page. 1609 290 North D St, San Bernardino, CA 92401 | P: 909-384-5357 | www.SBCity.org Community & Economic Development Department SENT VIA EMAIL ONLY February 5, 2024 Ms. Maribel Nunez Inland Equity Community Land Trust and San Bernardino Tenants Union Chapter Re: City of San Bernardino Response to Email dated January 23, 2024 Draft 2021-2029 Sixth Cycle Housing Element (January 2024 Revised Draft) Dear Ms. Rogers: Thank you for your email dated January 23, 2024, regarding the City of San Bernardino Draft Housing Element noted above. This letter was prepared in response to that email and follows the same format. Responses are noted in red. Maribel Nunez from Inland Equity Community Land Trust and San Bernardino Tenants Union chapter. This is public comment for the San Bernardino Housing element in partnership with Uplift SB City of San Bernardino Housing Element - Ch. 7 Review Feedback: Program 1.1b and 1.4b: as revised would only allow 19.46 acres to be upzoned. The upzoned 19.46 acres is not enough land to meet the housing needs of San Bernardino residents. The city should make an effort to identify additional parcels, vacant lots and vacant buildings in order to develop more housing infrastructure by considering the following: • The Affordable Housing and High Roads Jobs Act (SB 6) and the Middle Class Housing • Act both (AB 2011) both address state housing needs, revitalize underutilized commercial land and generate well-paid construction jobs. Response: The City has identified 19.46 acres to be upzoned. Through the rezoning and property inventory included in the Housing Element Appendix, there is enough land identified to meet the Regional Housing Needs Assessment, as required. Packet Page. 1610 Ms. Maribel Nunez Inland Equity Community Land Trust and San Bernardino Tenants Union Chapter February 5, 2024 Page | 2 City of San Bernardino Page 2 of 5 SB 432: removes the sunset of SB 35 (2017), which allows for ministerial approval of developments in communities that have not met their Regional Housing Needs Allocations or adopted a compliant housing element and extends the law to coastal communities. SB 1033: repeals a current law that prohibits the separate conveyance of ADUs, enabling property owners in participating cities to build an ADU and sell it separately, providing a new homeownership option for families and the potential for wealth-building for homeowners. AB 1449: extends CEQA exemptions to 100% affordable projects assisted through the LIHTC program as long as they meet specified labor and environmental requirements. As most affordable developments include tax credits, this bill will streamline the development process for affordable projects and bring new homes online faster. AB 1418: prohibits cities and counties from enacting “crime-free” housing programs and nuisance ordinances that require landlords to evict people when a household member is a convicted felon. AB 323 intergenerational housing developments for older adults with caregivers and transitional age youth. Here is a link to the recent legislation that Governor Newsom signed. 56 housing bills signed into law. Response: Thank you for providing a list of recent legislation. The City will review these as applicable as development applications are submitted. Program 1.5: Consider modeling the proposed ADU program after the City of San Diego’s ADU bonus program. Response: Thank you for your comment. Program 1.5c and Program 2.5b: Consider modeling the proposed “One Stop Shop” after City of Riverside’s “One Stop Shop”. Response: Thank you for your comment. Program 2.7c and d: Consider contracting the following developers to build micro units for unhoused populations and LMI communities: Dignity Moves: Units are built to FEMA emergency building codes as opposed to traditional building codes. This allows for a streamlined permitting process and quicker turnaround time for units to come online. Dignity Moves also leases land. ½ acre parcel, vacant lot, etc. can accommodate up to 70 rooms including common areas. LifeArk: Prefabricated modular housing that can also float on water, great for communities affected by heavy floods and rain. There is a site located in El Monte currently providing permanent supportive housing. Packet Page. 1611 Ms. Maribel Nunez Inland Equity Community Land Trust and San Bernardino Tenants Union Chapter February 5, 2024 Page | 3 City of San Bernardino Page 3 of 5 Response: Thank you for your comment. When partnering, the City must adhere to procurement and funding requirements that will dictate specific partnerships. Program 3.1b and 4.2: Leverage SB 940 which amends Civil Code Sections 798.7 and 798.45, which currently prohibit local rent stabilization ordinances from governing newly constructed mobile home spaces first offered for rent after January 1, 1990. SB 940 would allow local mobilehome rent regulations to govern a newly added mobile home space in an existing park regardless of when it was initially held out for rent. The bill also retains an incentive for the building of new mobile home parks by allowing for a “rolling” 10-year exemption for spaces in those parks, so as to allow investors to recoup their costs of acquisition and construction. Also consider applying to the Manufactured Housing Opportunity and Revitalization Program (MORE). Response: Thank you for your comments and suggestions. Program 3.5b and 3.7: Partner with the Continuum of Care Interagency Council on Homelessness to submit an application for YHDP funding to address youth and young adults experiencing homelessness and HHAP 5 funding to generally reduce homelessness across all populations. Response: Thank you for your comments and suggestions. Program 4.5: Consider implementing first-time home buyer education at the high school level, partnering with SBCUSD and HUD approved counseling agencies: Neighborhood Partnership Housing Services, Neighborhood Housing Services of the Inland Empire, Credit.org provide these services. Response: Thank you for your comments and suggestions. Program 4.7: Consider partnering with the following consultants: 3. LeSar 4. Development Consultants 8. Terner 9. Center UC Berkeley Response: Thank you for your comment. When partnering, the City must adhere to procurement and funding requirements that will dictate specific partnerships. Program 4.8: Packet Page. 1612 Ms. Maribel Nunez Inland Equity Community Land Trust and San Bernardino Tenants Union Chapter February 5, 2024 Page | 4 City of San Bernardino Page 4 of 5 Partner with SBCTA for the Regional Housing Trust Fund. Response: Thank Mayor and City Council approved a letter of Intent to join the SBCTA. Program 5.4: Persuade County Supervisors to provide municipal bonds for SBVC mixed-used student housing. Response: Thank you for your comments and suggestions. Program 5.6: Consider partnering with Community Solutions for their Built for Zero initiative for cities to achieve functional zero homelessness. Response: Thank you for your comments and suggestions. Invest in shelter bed creation for interim and permanent supportive housing for populations experiencing homelessness. Response: The City recently approved a motel voucher program, establishing a Navigation Center, providing funding to local non-profits through the Community Development Block Grant Program, and working with with non-profit organizations through the HomeKey program. Additional comments: The City of San Bernardino can increase home ownership by setting aside new market rate housing builds for first time home buyers and restricting corporate buyers from purchasing in a community that receives support from the city. Response: Thank you for your comments and suggestions. The density the city is proposing for either COR-1 or COR-2 is not enough for a major corridor that should be made into a walkable and bikeable corridor. Both should be 80+ units per acre to achieve a high-enough density of people (and thus a high-enough demand of services such as grocery, restaurants and entertainment) that will allow a walkable and bikeable community to thrive. If the density is lower, then the E Street Corridor will just become a speedway for cars. Nothing against cars and public transportation, such as sbX is absolutely an amazing addition to E Street, but the COR-1 and COR-2 zoning as it is currently proposed conflicts with the city’s goal to plan towards the future and reduce reliance on cars. Response: Thank you for your comments and suggestions. The General Plan update is currently underway and would be the document to evaluate the noted opportunities for higher density and circulation. Packet Page. 1613 Ms. Maribel Nunez Inland Equity Community Land Trust and San Bernardino Tenants Union Chapter February 5, 2024 Page | 5 City of San Bernardino Page 5 of 5 Consider the Following Tenant Protection Models Add TOPA/COPA (Tenant/Community Opportunity to Purchase Act) elements when the landlord is not complying. All jurisdictions should consider committing to adopt a local TOPA/COPA policy in their Housing Element in order to prevent displacement, stabilize current residents and existing communities, and preserve affordable housing for the long term. Response: Thank you for your comments and suggestions. Consider the Following Shared Equity Models Community land trusts and co-op, work with existing CLT’s and co-op Response: Thank you for your comments and suggestions. Concerns: The City of San Bernardino does not have sufficient staff to support numerous endeavors, consider creating a pipeline of high school students and college students interning in multiple City departments that eventually lead to local career opportunities. Response: Thank you for your comments and suggestions. Typos: Correct SB 2011 to AB 2011 Response: Comment noted. Thank you for your comments and suggestions. We look forward to the completion of the City’s 2021 – 2029 Housing Element, its adoption and certification by the Department of Housing and Community Development, and its implementation to assist our San Bernardino community. Sincerely, Mary E. Lanier Interim Community Development and Housing Director Packet Page. 1614 General Plan Amendment 24-01 and Development Code Amendment 24-01 2021-2029 Housing Element Presented by Mary E. Lanier, Interim Director of Community Development and Housing Department Packet Page. 1615 Overview: All cities and counties in California, including San Bernardino, are required by State law to prepare a Housing Element every 8 years. The Housing Element assesses current needs for housing in the City and includes goals, policies and programs to address the unmet needs. The Housing Element must comply with State and Federal regulations and is reviewed for compliance by the California Department of Housing and Community Development (HCD). Packet Page. 1616 Background: 2022 – Public workshops / Committee meetings May-June 2023 – 30 Day public review of draft Housing Element July 2023 – Stakeholder and Community Meetings (3) July-August 2023 – Planning Commission / MCC hearings August 2023 – Submitted to HCD for review (1 st round) November 2023 – Resubmitted to HCD for review (2nd round) January 2024 – Resubmitted to HCD for review (3 rd round) Packet Page. 1617 Outreach: The City’s public participation program included the following: Visioning Workshops  Committee Meetings  Website Presence  Stakeholder Consultations Packet Page. 1618 Analysis: Housing Element Components:  Chapter 1: Introduction  Chapter 2: Needs Assessment  Chapter 3: Constraints Analysis  Chapter 4: Housing Resources  Chapter 5: Fair Housing  Chapter 6: Program Evaluation  Chapter 7: Housing Plan Site Inventory and Analysis – RHNA Allocation Packet Page. 1619 Housing Plan: Goal #1: Facilitate and improve the development of safe, high-quality housing that is diverse in housing type, size of unit, tenure, affordability levels, and location for all. Goal #2: Reduce, mitigate, or remove governmental and nongovernmental constraints to the production, maintenance, and improvement of housing for all residents of San Bernardino. Goal #3: Provide neighborhoods of well-maintained homes, ample public services and facilities, open spaces and recreation, and infrastructure that provide quality, safe, and healthful places to reside. Goal #4: Assist in the development of affordable housing through provision of homeowner and rental assistance, preservation of affordable housing, and other efforts to improve housing affordability and housing security. Goal #5: Affirmatively further fair housing opportunity in San Bernardino through proactive policy, outreach and education, and programs so that residents can live in dignity in their neighborhood. Packet Page. 1620 Analysis: HOUSEHOLD INCOME CATEGORY DEFINITION OF INCOME CATEGORIES NUMBER OF HOUSING UNITS PERCENT OF ALLOCATION Extremely Low Income 0–30% of AMI*708 8.7% Very Low Income 31–50% of AMI 707 8.7% Low Income 51–80% of AMI 1,097 13.5% Moderate Income 81–120% of AMI 1,448 17.8% Above Moderate Income Over 120% of AMI 4,163 51.3% Total 8,123 100% Table 1: City of San Bernardino – RHNA Allocation (By Income Group) *AMI – Area Median Income Packet Page. 1621 Analysis: Table 2: City of San Bernardino RHNA Status Summary Packet Page. 1622 Rezoning:  Privately-Owned Land  11 multi-family (19.46 acres) parcels to be upzoned from (RM-24 and RMH-32) to (RM-31 and RMH-50)  City-Owned Land  27 commercial parcels (7.04 acres) to be rezoned from (CR-2, CG-1, and CO) to (RH-50)  1 multi-family parcel (1.41 acres) to be rezoned from (RH-31) to (RMH- 32) Packet Page. 1623 Recommendation: It is recommended that the Mayor and City Council: It is recommended that the Mayor and City Council of the City of San Bernardino: 1.Adopt Resolution No. 2024-XX of the Mayor and City Council of the City of San Bernardino, California, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132) under the California Environmental Quality Act, approving General Plan Amendment 24-01 establishing the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and changing the General Plan Land Use Designation of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), and adopting and implementing the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3) (Attachment 1); Continued next page: Packet Page. 1624 Recommendation: 2.Introduce the first reading of Ordinance No. MC-XXXX of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-01 changing the Zoning District Classification of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report (SCH No. 2004111132) (Attachment 2); and 3.Schedule the second reading of the above Ordinances to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. Packet Page. 1625 NOTICE OF PUBLIC HEARING BEFORE THE MAYOR AND CITY COUNCIL Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday, February 21, 2024 at 7:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 West 6th Street, San Bernardino, California 92410, on the following item(s): DEVELOPMENT CODE AMENDMENT 23-01 – A City-initiated amendment to Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino. Environmental Determination: Categorically Exempt, pursuant to Section 15061(b)(3) (Common Sense Exemption) of the State CEQA Guidelines. Applicant: City of San Bernardino – Community Development and Housing Department DEVELOPMENT CODE AMENDMENT 23-03 – A City-initiated amendment to Chapter 19.04 (Residential Zones) in particular Table 04.03 (Residential Zones Specific Standards) and Section 19.04.030(2)(D) (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the Density Bonus provisions in compliance with State law. Environmental Determination: Exempt, pursuant to Section 15061(b)(3) (Common Sense Exemption) of the State CEQA Guidelines. Applicant: City of San Bernardino – Community Development and Housing Department GENERAL PLAN AMENDMENT 24-01 AND DEVELOPMENT CODE AMENDMENT 24-01 – A City-initiated amendment to Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) to establish the Residential Medium High (RMH-30) and Residential High (RH-50) Zones; amend the General Plan Land Use Designation and Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA); and, adopt and implement the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3). Environmental Determination: Addendum to Final Environmental Impact Report, pursuant to §15164(b) (Addendum to an EIR) of the State CEQA Guidelines Applicant: City of San Bernardino – Community Development and Housing Department The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk’s Office by phone at (909) 384-5002. If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. Submitted: February 6, 2024 Publish: February 10, 2024 (Display Ad) Please send first proof for verification or changes by e-mail to Jennifer Meamber: meamber_je@sbcity.org. Please reference “MCC Display Ad” on the billing and send to the City of San Bernardino, Planning Division, 290 North D Street, San Bernardino, CA 92401. Packet Page. 1626 1 8 6 5 PUBLIC HEARING City of San Bernardino Request for Council Action Date:February 21, 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:Development Code Amendment 23-03 (Density Bonus) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1629 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 23-03 amending Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the Density Bonus section in compliance with State law; and finding that Development Code Amendment 23-03 is exempt from review under the California Environmental Quality Act; 2. Conduct the Public Hearing; and 3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. Executive Summary Approval of Development Code Amendment 23-03 will amend the City’s Density Bonus Ordinance to comply with the current provision of the State Density Bonus Law. Density Bonus Law allows increased residential density and concessions and waivers of zoning and development standards in exchange for an affordable housing covenant to be placed on a property. These provisions help encourage the development of affordable housing in the City. Packet Page. 1627 1 8 6 5 Background The State and its cities have a housing shortage, especially affordable housing, which can be described as the “housing crisis.” The State adopted the Density Bonus Law (Gov. Code §§65915 - 65918) in 1979. The law permits a developer to increase density on a property above the maximum set under the City’s General Plan. In exchange for the increased density, a certain number of the new affordable dwelling units must be reserved at rents below market rate. Qualifying applicants can also receive reductions in required development standards. More significant benefits are available for projects with higher affordability percentages (with unlimited density available for certain transit-adjacent, 100-percent below-market rent projects). Besides granting rights to housing and mixed-used developments to increase density, the law provides three provisions that require the City to grant qualifying projects: 1) incentives (or concessions) that provide cost reductions; 2) waivers of development standards that would physically preclude the development of a project at the density permitted and with the incentives granted; and 3) reductions in parking requirements.1 Section 19.04.030(2)(D) of Chapter 19.04 – Residential Zones was enacted to comply with the State Density Bonus Law (DBL). Since the City’s Density Bonus section was adopted many years ago, the State has changed DBL numerous times. The pace of changes at the State level has increased in recent years. For example, in September 2020, the Governor signed a package of fifteen bills to increase affordable housing production and reduce housing costs. Several of these bills were aimed at increasing the incentives to build more affordable housing and more housing near public transit. Each year, bills amending the DBL have been passed. This year, on October 11, 2023, Governor Newsom signed 56 bills that incentivize and reduce barriers to housing and support the development of more affordable homes. Three of these bills amended the DBL. The Density Bonus section was planned to be revised to be in compliance with the updated Development Code (underway). As part of Housing and Community Development’s (HCD’s) October 2, 2023, letter regarding the City’s draft Housing Element, HCD requested a discussion of provisions of the City’s density bonus ordinance that constitute a constraint. This is included in the updated Housing Element. Pursuant to the Stipulated Final Judgement and Order submitted in Gracia et al. v. City of San Bernardino states, it states that the City will update the density bonus ordinance as required by statute and stipulation agreement. In the meantime, the City has issued an interdepartmental memo directing staff to process and approve any application for 1 Density Bonus Law, What are Incentives/Concessions and Waivers, SCAG Development Streamlining Tools Packet Page. 1628 1 8 6 5 a density bonus consistent with Government Code 65915-65918. This Development Code Amendment 23-03 meets the requirements of State law. Discussion The Density Bonus Law (found in California Government Code Sections 65915 – 65918) provides developers with powerful tools to encourage the development of affordable and senior housing, including up to a 50% increase in project densities for most projects, depending on the amount of affordable housing provided, and an 80% increase in density for projects which are completely affordable. The Density Bonus Law is about more than the density bonus itself, however. It is a larger package of incentives intended to help make the development of affordable and senior housing economically feasible. Other tools include reduced parking requirements, and incentives and concessions such as reduced setback and minimum square footage requirements. Often, these other tools are even more helpful to project economics than the density bonus itself, particularly the special parking benefits. Sometimes these incentives are sufficient to make the project pencil out, but for other projects, financial assistance is necessary to make the project feasible.”2 At a minimum, the City must comply with State law regarding the DBL. Therefore, it is recommended that the City adopt the Government Code Section 65915 -65918 in its entirety. The City may amend the Section to allow for more significant incentives/concessions, parking reductions, and density, but the City cannot recommend anything less than State law. Proposed Amendment In order to ensure that the City’s Density Bonus section complies with State law, this amendment will update 19.04.030 to match State law completely. Attachment A; Exhibit A reflects the redline/strikeout of 19.040.030, showing the needed changes to comply with State law. Within the redline/strikeout, the blue/strikeout reflects the three bills recently signed by Governor Newsom on October 11, 2023 (AB 323, AB 1287, & SB 713), which go into effect on January 1, 2024. Rather than create another amendment in January, it is suggested that the City consider adopting these changes now so the Density Bonus section will be entirely current. Implementation The amendment to the Density Bonus section will take effect 30 days following the approval of Development Code Amendment 23-03 by the Mayor and City Council. 2 Guide to the California Density Bonus Law, Jon Goetz and Tom Sakai, Revised January 2023. Packet Page. 1629 1 8 6 5 General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future housing development within the City, including the following: Land Use Policy Goal 2.1.4: Provide assistance in the form of grants, loans, home-improvement efforts, coordinated code and law enforcement, public right-of-way maintenance and enhancement, and trash collection to help improve San Bernardino’s residential neighborhoods. (LU-1 and LU-3) Land Use Policy 2.4.1: Quality infill development shall be accorded a high priority in the commitment of City resources and available funding. Land Use Policy 2.4.2: Continue to provide special incentives and improvement programs to revitalize deteriorated housing stock, residential neighborhoods, major business corridors, and employment centers. (LU-3 and LU-4) Housing Goal 3.3: Affordable Housing Assistance. Assist in the provision of affordable housing to lower-income and moderate-income households. Housing Goal 3.4: Fair Housing Opportunity. Promote fair and equal housing opportunities for all persons in San Bernardino. Housing Goal 3.5: Governmental Constraints. Reduce adverse effects of governmental actions on the production, preservation, and conservation of housing, particularly for lower-moderate-income households. The adoption and implementation of Development Code Amendment 23-03 is consistent with the City’s General Plan by allowing for the development of affordable housing in a manner consistent with State law. 2021-2025 Strategic Targets and Goals Development Code Amendment 23-03 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with State law. The amendment to the Development Code will ensure consistency with State law. Fiscal Impact There will be no fiscal impact on 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: Packet Page. 1630 1 8 6 5 1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1629 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 23-03 amending Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the Density Bonus section in compliance with State law; and finding that Development Code Amendment 23-03 is exempt from review under the California Environmental Quality Act; 2. Conduct the Public Hearing; and 3. Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on March 6, 2024. Attachments Attachment 1 Ordinance No. MC-1629 (Approving Development Code Amendment 23-03) Attachment 2 Ordinance No. MC-1629 (Approving Development Code Amendment 23-03) – Exhibit A Attachment 3 Resolution No. 2023-049 - PC Attachment 4 Newspaper Display Ad Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page. 1631 Ordinance No. MC-1629 1 ORDINANCE NO. MC-1629 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 23-03 AMENDING CHAPTER 19.04 (RESIDENTIAL ZONES) SECTION 19.04.030 (DENSITY BONUS) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE 19) TO UPDATE THE DENSITY BONUS SECTION IN COMPLIANCE WITH STATE LAW; AND FINDING THAT DEVELOPMENT CODE AMENDMENT 23-03 IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, the State of California has adopted Government Code Sections 65915 – 65918 (State Density Bonus Law), which requires cities to provide density bonuses, concessions/incentives, waivers, and parking reductions for eligible housing development; and WHEREAS, Government Code Section 65918 provides that the State Density Bonus Law applies to charter cities, including San Bernardino; and WHEREAS, in recent years, in response to the State’s need for housing, the State’s Density Bonus Law has been amended to increase affordable housing production and reduce housing costs, requiring the City to update the Density Bonus Section of Chapter 19.04 (Residential Zones); and WHEREAS, on October 2, 2023, the Community Development and Housing Department - Planning Commission received a letter regarding the City’s draft Housing Element noting that the provisions of the City’s density bonus ordinance constitute a constraint to affordable housing development; and WHEREAS, in a Stipulated Final Judgement and Order submitted in Gracia et al. v. City of San Bernardino, it was stated that the City would update the density bonus ordinance as required by statute and the stipulation agreement; and WHEREAS, Development Code Amendment 23-03 is a City-initiated amendment to Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) to update the Density Bonus section in compliance with state law; and WHEREAS, the Planning Division of the Community Development and Housing Department of the City of San Bernardino has prepared Development Code Amendment 23-03 in compliance with the California Government Code, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and Packet Page. 1632 Ordinance No. MC-1629 2 WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 23-03 and determined that it is exempt from CEQA under 15061(b)(3) of the CEQA Guidelines; and WHEREAS, on December 12, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2023- 049 recommending the adoption of the Development Code Amendment 23-03 to the Mayor and City Council; and WHEREAS, notice of the February 21, 2024 public hearing for the Mayor and City Council's consideration of Development Code Amendment 23-03 was published in The Sun newspaper on February 10, 2024, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 23-03; and NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein. SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 23-03 and this Ordinance No. MC-1629 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment. SECTION 3.Finding of Facts – Development Code Amendment 23-03 Finding No. 1:The proposed amendment is consistent with the General Plan. Finding of Fact:Development Code Amendment 23-03 is consistent with the General Plan, as follows: Land Use Policy Goal 2.1.4: Provide assistance in the form of grants, loans, home-improvement efforts, coordinated code and law enforcement, public Packet Page. 1633 Ordinance No. MC-1629 3 right-of-way maintenance and enhancement, and trash collection to help improve San Bernardino’s residential neighborhoods. (LU-1 and LU-3) Land Use Policy 2.4.1: Quality infill development shall be accorded a high priority in the commitment of City resources and available funding. Land Use Policy 2.4.2: Continue to provide special incentives and improvement programs to revitalize deteriorated housing stock, residential neighborhoods, major business corridors, and employment centers. (LU-3 and LU-4) Housing Goal 3.3: Affordable Housing Assistance. Assist in the provision of housing affordable to lower and moderate-income households. Housing Goal 3.4: Fair Housing Opportunity. Promote fair and equal housing opportunities for all persons in San Bernardino. Housing Goal 3.5: Governmental Constraints. Reduce adverse effects of governmental actions on the production, preservation, and conservation of housing, particularly for lower-moderate-income households. The adoption and implementation of Development Code Amendment 23- 03 is consistent with the City’s General Plan by allowing for the development of affordable housing in a manner consistent with State law. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The adoption and implementation of Development Code Amendment 23- 03 are in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations consistent with State law that will further the development of affordable housing for low and moderate-income households, seniors, and students. SECTION 4.Adoption of Ordinance. Development Code Amendment 23-03 to amend Chapter 19.04 (Residential Zones) Section 19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) to update the Density Bonus section in compliance with state law attached hereto and incorporated herein by reference as Exhibit “A”, is hereby approved. SECTION 5.Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 23-03. Packet Page. 1634 Ordinance No. MC-1629 4 SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7.Effective Date. This Ordinance shall become effective thirty (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. 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 Packet Page. 1635 Ordinance No. MC-1629 5 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1629, introduced on February 21, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at 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. 1636 EXHIBIT A Development Code Section 19.04.030 (Density Bonus) 19.04.030(2) shall be modified to read as follows: D. DENSITY BONUS 1. Purpose The purpose of this Chapter is to: a. Establish procedures for implementing State Density Bonus requirements, as set forth in California Government Code Sections 65915, and b. Facilitate the development of affordable housing consistent with the goals, objectives, and policies of the Housing Element of the City's General Plan. c. This Chapter establishes incentives available to developers to produce housing affordable to very-low, low and moderate-income households, transitional foster youth, disabled veterans, homeless persons, lower-income students, and senior citizens, consistent with State Density Bonus law. 2. Government Code 65915 – 65918 a. (1) When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City shall comply with this section. The City shall adopt an ordinance that specifies how compliance with this section will be implemented. Except as otherwise provided in subdivision(s), failure to adopt an ordinance shall not relieve the City from complying with this section. (2) The City shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. This subdivision does not prohibit the City from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, as described in subdivision (b)(d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p). (3) In order to provide for the expeditious processing of a density bonus application, the City shall do all of the following: (A) Adopt procedures and timelines for processing a density bonus application. (B) Provide a list of all documents and information required to be submitted with the density bonus application in order for the density Packet Page. 1637 EXHIBIT A bonus application to be deemed complete. This list shall be consistent with this chapter. (C) Notify the applicant for a density bonus whether the application is complete in a manner consistent with the timelines specified in Government Code Section 65943. (D) (i) If the City notifies the applicant that the application is deemed complete pursuant to subparagraph (C), provide the applicant with a determination as to the following matters: (I) The amount of density bonus calculated pursuant to subdivision (f), for which the applicant is eligible. (II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible. (III) If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the City to decide as to those incentives, concessions, or waivers, or reductions of development standards. (ii) Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The City shall adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development. b. (1) The City shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following: (A) Ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code. (B) Five percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low- Packet Page. 1638 EXHIBIT A income households, as defined in Section 50105 of the Health and Safety Code. (C) A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subparagraph, “development” includes a shared housing building development. (D) Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase. (E) Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph are shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units. (F) (i) Twenty percent of the total units for lower income students in a student housing development that meets the following requirements: (I) All units in the student housing development shallwill be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the City that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are insufficientnot sufficient students enrolled in an institution of higher education to fill all units in the student housing development. Packet Page. 1639 EXHIBIT A (II) The applicable 20-percent units shallwill be used for lower income students. (III) The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type. (IV) The development shallwill provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause. (ii) For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph areshall be subject to a recorded affordability restriction of 55 years. (G) One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, “development” includes a shared housing building development. (2) For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1). c. (1) (A) An applicant shall agree to, and the City shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (B) Packet Page. 1640 EXHIBIT A (i) Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (ii) For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows: (I) The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (II) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee. (2) (A) An applicant shall agree to ensure, and the City shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets either of the following conditions: (i) The unit is initially occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement. (ii) The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and that includes all of the following: (I) A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser. (II) An equity sharing agreement. (III) Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner- occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code. Packet Page. 1641 EXHIBIT A (B) For purposes of this paragraph, a “qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. (C) The local government shall enforce an equity sharing agreement required pursuant to clause (i) or (ii) of subparagraph (A) unless it is in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement: (i) Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation. (ii) Except as provided in clause (v), the local government shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (iv), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. (iii) For purposes of this subdivision, the local government’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate- income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (iv) For purposes of this subdivision, the local government’s proportionate share of appreciation shall be equal to the ratio of the local government’s initial subsidy to the fair market value of the home at the time of initial sale. (v) If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to clause (ii) of subparagraph (A) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households as defined by Section 50079.5 of the Health and Safety Code Section 50079.5 within the jurisdiction of the local government. Packet Page. 1642 EXHIBIT A (3) (A) An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies: (i) The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b). (ii) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household. (B) For the purposes of this paragraph, “replace” shall mean either of the following: (i) If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the Packet Page. 1643 EXHIBIT A jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii) If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (C)Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five- year period preceding the application, subject to a form of rent or price control through a local government’s valid exercise of its police power and that is or was occupied by persons or families above lower income, the City may do either of the following: (i)Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). Packet Page. 1644 EXHIBIT A (ii)Require that the units be replaced in compliance with the jurisdiction’s rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction. (D)For purposes of this paragraph, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced. (E)Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant’s application was submitted to, or processed by, the City before January 1, 2015. d. (1) An applicant for a density bonus pursuant to subdivision (b) may submit to the City a proposal for the specific incentives or concessions that the applicant requests pursuant to this section and may request a meeting with the City. The City shall grant the concession or incentive requested by the applicant unless the City makes a written finding, based upon substantial evidence, of any of the following: (A)The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B)The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- income and moderate-income households. (C)The concession or incentive would be contrary to state or federal law. (2)The applicant shall receive the following number of incentives or concessions: (A)One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low-income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale. (B)Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 Packet Page. 1645 EXHIBIT A percent for very low-income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale. (C)Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale. (D)Five Four incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. (E)One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. (F)Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a developments in which the units are for sale. (3)The applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The City shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section. (4)The City shall bear the burden of proof for the denial of a requested concession or incentive. e. (1) In no case may the City apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant Packet Page. 1646 EXHIBIT A may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section and may request a meeting with the City. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. (2) A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). (3) A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless the City agrees to additional waivers or reductions of development standards. f. For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the City, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increases to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b). (1)For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Low-Income Units Percentage Density Bonus 10 20 11 21.5 12 23 Packet Page. 1647 EXHIBIT A Percentage Low-Income Units Percentage Density Bonus 13 24.5 14 26 15 27.5 16 29 17 30.5 18 32 19 33.5 20 35 21 38.75 22 42.5 23 46.25 24 50 (2)For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Very Low-Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 12 38.75 13 42.5 14 46.25 15 50 (3) Packet Page. 1648 EXHIBIT A (A)For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units. (B)For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph. (C)For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be 35 percent of the student housing units. (D)For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply: (i) Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households. (ii)If the housing development is located within one-half mile of a major transit stop, the City shall not impose any maximum controls on density. (iii)If the housing development is located in a very low vehicle travel area within a designated county, the City shall not impose any maximum controls on density. (4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows: Percentage Moderate-Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 Packet Page. 1649 EXHIBIT A Percentage Moderate-Income Units Percentage Density Bonus 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 41 38.75 42 42.5 43 46.25 44 50 (5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. Packet Page. 1650 EXHIBIT A g. (1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the City in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows: Percentage Very Low Income Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 (2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units Packet Page. 1651 EXHIBIT A shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met: (A)The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B)The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development. (C)The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure. (D)The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer. (E)The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the transfer. (F)The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (G)The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development. (H)A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. h. Packet Page. 1652 EXHIBIT A (1) When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following: (A)An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (B)An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (2)The City shall require, as a condition of approving the housing development, that the following occur: (A)The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). (B)Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low- income households, lower income households, or families of moderate income pursuant to subdivision (b). (3)Notwithstanding any requirement of this subdivision, the City shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities. (4)“Childcare facility,” as used in this section, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school age childcare centers. i. “Housing development,” as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing Packet Page. 1653 EXHIBIT A development other than the areas where the units for the lower income households are located. j. (1) The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law. (2) Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards. k. For the purposes of this chapter, concession or incentive means any of the following: (1)A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (2)Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3)Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). l. Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City, or the waiver of fees or dedication requirements. m. This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, Packet Page. 1654 EXHIBIT A incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code. n. If permitted by local ordinance, nothing in this section shall be construed to prohibit the City from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section. o. For purposes of this section, the following definitions shall apply: (1)“Designated county” includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura, and the City and County of San Francsico. (2)“Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation. (3)“Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop. (4)“Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government. (5)“Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code. (6)“Maximum allowable residential density” or “base density” means the greatestmaximum number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density Packet Page. 1655 EXHIBIT A is permitted, means the greatestmaximum number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by: (A)Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open-space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards. (B)Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study. (7) (A) (i) “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. (ii) “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. (B) “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and Packet Page. 1656 EXHIBIT A microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. (8) (A)“Total units” or “total dwelling units” means a calculation of the number of units that: (i)Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. (ii)Includes a unit designated to satisfy an inclusionary zoning requirement of the City. (B)For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities. (9)“Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization. p. (1) Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, the City shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios: (A)Zero to one bedroom: one onsite parking space. (B)Two to three bedrooms: one and one-half onsite parking spaces. (C)Four and more bedrooms: two and one-half parking spaces. (2) (A)Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the Packet Page. 1657 EXHIBIT A criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (1), if a development includes at least 40 percent moderate-income units for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, the City shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom. (B)For purposes of this subdivision, “unobstructed access to the major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit. (3)Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, the City shall not impose vehicular parking standards if the development meets any of the following criteria: (A)The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. (B)The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C)The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. Packet Page. 1658 EXHIBIT A (4)If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking. (5)This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d). (6)This subdivision does not preclude the City from reducing or eliminating a parking requirement for development projects of any type in any location. (7)Notwithstanding paragraphs (2) and (3), if the City or an independent consultant has conducted an areawide or jurisdiction wide parking study in the last seven years, then the City may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market- rate and subsidized developments, and the lower rates of car ownership for low- income and very low income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio. (8)A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). q. Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law. r. This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units. s. Notwithstanding any other law, if the City has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that Packet Page. 1659 EXHIBIT A exceed the density bonuses required by the version of this section effective through December 31, 2020, the City is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt from complying with the incentive and concession calculation amendments made to this section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f). t. When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, the City shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o). u. (1) The Legislature finds and declares that the intent behind the Density Bonus Law is to allow public entities to reduce or even eliminate subsidies for a particular project by allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units. It further reaffirms that the intent is to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy. (2) It is therefore the intent of the Legislature to make modifications to the Density Bonus Law by the act adding this subdivision to further incentivize the construction of very low, low-, and moderate-income housing units. It is further the intent of the Legislature in making these modifications to the Density Bonus Law to ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing. The Legislature further intends that these modifications will ensure that the Density Bonus Law creates incentives for the construction of more housing across all areas of the state. (v) (1) Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, a City shall grant an additional density bonus calculated pursuant to paragraph (2) when an applicant proposes to construct a housing development that conforms to the requirements of paragraph (1) of subdivision (b), agrees to include additional rental or for- sale units affordable to very low income households or moderate income households, and meets any of the following requirements: Packet Page. 1660 EXHIBIT A (A) The housing development conforms to the requirements of subparagraph (A) of paragraph (1) of subdivision (b) and provides 24 percent of the total units to lower income households. (B) The housing development conforms to the requirements of subparagraph (B) of paragraph (1) of subdivision (b) and provides 15 percent of the total units to very low-income households. (C) The housing development conforms to the requirements of subparagraph (D) of paragraph (1) of subdivision (b) and provides 44 percent of the total units to moderate-income households. (2) A City shall grant an additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows: Percentage Very Low Income Units Percentage Density Bonus 5 20 6 23.75 7 27.5 8 31.25 9 35 10 38.75 Percentage Moderate-Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 12 38.75 13 42.5 14 46.25 15 50 (3) The increase required by paragraphs (1) and (2) shall be in addition to any increase in density granted by subdivision (b). Packet Page. 1661 EXHIBIT A (4) The additional density bonus required under this subdivision shall be calculated using the number of units excluding any density bonus awarded by this section. This section contains two density bonus provisions. The first entitlement is based upon the provision of affordable housing pursuant to State Government Code Section 65915. The second provision is intended to provide density bonus incentives for the incorporation of on-site amenities. 1.Affordable Housing State Government Code Section 65915 provides for the granting of a density bonus or other incentives of equivalent financial value when a developer of housing agrees to construct at least 1 of the following: a.Twenty percent of the total units of a housing development for persons and families or lower income, as defined in Section 50079.5 of the Health and Safety Code. b.Ten percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. c.Fifty percent of the total dwelling units of a housing development for qualifying residents, as defined in Section 51.2 of the Civil Code. A request for a density bonus and regulatory concessions and/or incentives shall require Conditional Use Permit review and be subject to the following provisions: a.For the purpose of this Section, "density bonus" shall mean a density increase of 25% over the otherwise maximum allowable residential density under this Development Code and the General Plan. When determining the number of housing units which are to be affordable, the density bonus shall not be included. b.The purposes for implementing this section are as follows: 1)The City shall within 90 days of receipt of a written proposal, notify the developer in writing of the procedures governing these provisions. 2)The Council may approve the density bonus and regulatory concessions and/or incentives only if all of the following findings are made: a)The developer has proven that the density bonus and adjustment of standards is necessary to make the project economically feasible; b)That additional adjustment of standards is not required in order for the rents for the targeted units to be set, pursuant to Government Code Section 65915(c); and c)The proposed project is compatible with the purpose and intent of the General Plan and this Development Code. Packet Page. 1662 EXHIBIT A c.The density bonus shall only apply to housing developments consisting of five or more dwelling units. d.The density bonus provision shall not apply to senior citizen and senior congregate care housing projects that utilize the senior citizen housing density provisions of this Development Code. e.Prior to the issuance of a building permit for any dwelling unit in a development for which "density bonus units" have been awarded or incentives have been received, the developer shall submit documentation which identifies the restricted units and shall enter into a written agreement with the City to guarantee for 30 years their continued use and availability to low and moderate-income households. The agreement shall extend more than 30 years if required by the Construction or Mortgage Financing Assistance Program, Mortgage Insurance Program, or Rental Subsidy Program. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the developer, and shall be recorded in the Office of the San Bernardino County Recorder. The agreement shall include the following provisions: 1)The developer shall give the City the continuing right-of-first- refusal to purchase or lease any or all of the designated units at the fair market value; 2)The deeds to the designated units shall contain a covenant stating that the developer or his/her successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the City confirming that the sales price of the units is consistent with the limits established for low- and moderate-income households, which shall be related to the Consumer Price Index; 3)The City shall have the authority to enter into other agreements with the developer or purchasers of the dwelling units, as may be necessary to assure that the required dwelling units are continuously occupied by eligible households. f."Density bonus units" shall be generally dispersed throughout a development project and shall not differ in appearance from other units in the development. g.The City shall provide, in addition to a density bonus, at least 1 of the following regulatory concessions and/or incentives to ensure that the multi- family residential project will be developed at a reduced cost: 1)A reduction or modification of Development Code requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 123 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. Packet Page. 1663 EXHIBIT A 2)Approval of mixed use development in conjunction with the multi-family residential project if commercial, office, industrial, or other land uses will reduce the cost of the development and if the project will be compatible internally as well as with the existing or planned development in the area where the proposed housing project will be located. 3)Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. 2.Amenities Bonus Provision This provision allows an increase in the maximum permitted density of 15% in only the RU, RM, RMH, RH, CO-1 & 2, CG-2, and CR-2 land use zoning districts. Increases of up to 15% may be granted based upon the finding(s) that any proper combination of the following amenities are provided in excess of those required by the applicable zone: a.Architectural features that promote upscale multi-family development; b.Additional on-site or off-site mature landscaping which will benefit the project; c.Additional useable open space; d.Attached garages; e.Additional recreational facilities (i.e., clubhouse, play area, pool/Jacuzzi, tennis court, etc.); and f.Day care facilities. This amenity bonus provision shall not be used as an addition to the affordable housing density bonus provision. Packet Page. 1664 Packet Page. 1665 Packet Page. 1666 Packet Page. 1667 Packet Page. 1668 Packet Page. 1669 Packet Page. 1670 Packet Page. 1671 Packet Page. 1672 Packet Page. 1673 Packet Page. 1674 Packet Page. 1675 Packet Page. 1676 Packet Page. 1677 Packet Page. 1678 Packet Page. 1679 Packet Page. 1680 Packet Page. 1681 Packet Page. 1682 Packet Page. 1683 Packet Page. 1684 Packet Page. 1685 Packet Page. 1686 Packet Page. 1687 Packet Page. 1688 Packet Page. 1689 Packet Page. 1690 Packet Page. 1691 Packet Page. 1692 Packet Page. 1693 Packet Page. 1694 Packet Page. 1695 Packet Page. 1696 Packet Page. 1697 NOTICE OF PUBLIC HEARING BEFORE THE MAYOR AND CITY COUNCIL Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday, February 21, 2024 at 7:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 West 6th Street, San Bernardino, California 92410, on the following item(s): DEVELOPMENT CODE AMENDMENT 23-01 – A City-initiated amendment to Section 19.02.020 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino. Environmental Determination: Categorically Exempt, pursuant to Section 15061(b)(3) (Common Sense Exemption) of the State CEQA Guidelines. Applicant: City of San Bernardino – Community Development and Housing Department DEVELOPMENT CODE AMENDMENT 23-03 – A City-initiated amendment to Chapter 19.04 (Residential Zones) in particular Table 04.03 (Residential Zones Specific Standards) and Section 19.04.030(2)(D) (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the Density Bonus provisions in compliance with State law. Environmental Determination: Exempt, pursuant to Section 15061(b)(3) (Common Sense Exemption) of the State CEQA Guidelines. Applicant: City of San Bernardino – Community Development and Housing Department GENERAL PLAN AMENDMENT 24-01 AND DEVELOPMENT CODE AMENDMENT 24-01 – A City-initiated amendment to Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) to establish the Residential Medium High (RMH-30) and Residential High (RH-50) Zones; amend the General Plan Land Use Designation and Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA); and, adopt and implement the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3). Environmental Determination: Addendum to Final Environmental Impact Report, pursuant to §15164(b) (Addendum to an EIR) of the State CEQA Guidelines Applicant: City of San Bernardino – Community Development and Housing Department The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk’s Office by phone at (909) 384-5002. If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. Submitted: February 6, 2024 Publish: February 10, 2024 (Display Ad) Please send first proof for verification or changes by e-mail to Jennifer Meamber: meamber_je@sbcity.org. Please reference “MCC Display Ad” on the billing and send to the City of San Bernardino, Planning Division, 290 North D Street, San Bernardino, CA 92401. Packet Page. 1698 CLOSED SESSION City of San Bernardino Request for Council Action Date:February 21, 2024 To:Honorable Mayor and City Council Members From:Sonia Carvalho, City Attorney Department:City Attorney's Office Subject:Closed Session Recommendation: A)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i. Kim Mannion v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2215977 B)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Notice of Claim, Enrique Gonzalez, dated June 27, 2023, Claim No. GHC0059695 Packet Page. 1699