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HomeMy WebLinkAbout03-20-24 MCC AGENDA PACKETMayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO AGENDA FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MARCH 20, 2024 5:00 PM ­ OPEN SESSION CLOSED SESSION TO IMMEDIATELY FOLLOW OPEN SESSION 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 City Clerk Genoveva Rocha 5:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS 1.March 2024 Citizen of the Month – Cameron Grant p.11 PUBLIC COMMENTS FOR ITEMS ON THE AGENDA AND CLOSED SESSION ONLY CITY MANAGER UPDATE DISCUSSION 2.Fiscal Year 2023/24 Mid­Year Budget Report p.13 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Receive and file the Fiscal Year 2023/24 Mid­Year Budget Report; and 2.Adopt Resolution No. 2024­054 Authorizing the Director of Finance and Management Services to amend the Fiscal Year 2023/24 Operating Budget by $9,362,446 as outlined in the Fiscal Year 2023/24 Mid­Year Budget Report. Mayor and City Council of the City of San Bernardino Page 3 CONSENT CALENDAR 3.Real Property Donation of 300 N “E” Street, San Bernardino, California Recommendation: p.63 It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2024­059, accepting the real property donation of 300 N “E” Street, also known as “the Harris Building” (APN 0134­301­29), located within the City of San Bernardino, California, from El Corte Ingles, S.A. a Spanish Corporation (ECI); authorizing the City Manager to execute a quitclaim deed conveying fee interest to the City of San Bernardino. 4.Approval of Commercial and Payroll Disbursements (All Wards) p.94 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2024. 5.Investment Portfolio Report for October, November, and December 2023 (All Wards) p.191 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment October, November, and December 2023. 6.Annual Renewal of the City's Property Insurance for FY 2024/25 p.220 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the annual renewal of the City’s property insurance for a premium not to exceed$2,415,000 for the term beginning April 1, 2024, and ending March 31, 2025; and authorizing the City Manager to execute all related documentation. 7.Approving the Application for the California Department of Parks and Recreation ­ Outdoor Equity Grants Program (OEP) – Round 2 p.226 Recommendation: Adopt Resolution No. 2024­055 of the Mayor and City Council of the City of San Bernardino, California, to approve the submittal of an application for the California Department of Parks and Recreation – Outdoor Equity Program (OEP) Round 2 competitive program to the State of California. Mayor and City Council of the City of San Bernardino Page 4 8.Task Order No. 2 with Z&K Consultants, Inc. for Carousel Mall Demolition Professional Services (Ward 1) p.255 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­056, and: 1.Approve Task Order No. 2 with Z&K Consultants Inc. in the amounto f$201,723.44 for construction management and inspection services forthe Carousel Mall Demolition (Project), and; 2.Authorize the Director of Finance and Management Services to record a budget amendment from Measure S Fund balance to allocate CIP Street Sweeping Signage project surplus to fund the required purchase/task orders to complete the Carousel Mall Demolition (Project), and; 3.Authorize the City Manager or designee to execute all documents with Z&K Consultants Inc. to complete Task Order No. 2. 9.Resolution Approving Cooperative Agreement with Omnitrans for the E Street Median Project (Wards 1 & 3) p.263 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­057, and Authorize the City Manager or designee to execute the Cooperative Agreement with Omnitrans for the Design Phase, Environmental Phase, and Construction of the “E” Street Median Project. 10.Accept the Energy Efficiency and Conservation Block Grant (EECBG) p.282 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernadino, California, adopt Resolution No. 2024­058, and: 1.Authorize the Director of Finance & Management Services to amend and appropriate the $249,590 Energy Efficiency and Conservation Block Grant (EECBG) in both revenues and expenditures for the fiscal year 2023­2024 operating budget; and 2.Authorize the Director of Finance & Management Services to amend the Fiscal Year 2023 – 2027 Capital Improvement Program to add the Energy Efficiency Conservation Block Grant (EECBG) Project; and 3.Authorize the City Manager, or designee, to execute a grant agreement and any subsequent amendment with the U.S. Department of Energy in the amount of $249,590 for the Energy Efficiency and Conservation Block Grant. Mayor and City Council of the City of San Bernardino Page 5 11.Award of Agreement for Construction of Pavement Rehabilitation at Twenty­ One Locations (Project No. SS 22­005) (All Wards) p.290 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 Matich Corporation in the amount of $7,988,612 for Pavement Rehabilitation at Twenty­One Locations (Project); and 2.Authorize the project construction, construction contingencies, and construction management costs in the total amount of $8,787,473.20 for construction of the Project; and 3.Authorize the City Manager or designee to execute all documents with Matich Corporation; and 4.Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 12.Amendment No. 1 to Agreement with RHA Landscape Architects – Planners Inc. for Seccombe Lake Park Revitalization Design Services (Ward 1) p.441 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve Amendment No. 1 to the Agreement with RHA Landscape Architects – Planners Inc. in the amount of $26,000 for Seccombe Lake Park Revitalization (Project); and 2.Authorize project contingencies in the total amount of $27,000 for design of the Project; and 3.Authorize the City Manager or designee to execute all documents with RHA Landscape Architects – Planners Inc.; and 4.Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 5.Renew the term of the agreement to September 21, 2024. 6.Authorize the City Manager to renew the term of the agreement for up to two additional one­year terms. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS CLOSED SESSION 13)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION p.531 Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC0065668 Mayor and City Council of the City of San Bernardino Page 6 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 April 03, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. Open Session will begin at 5:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the March 20, 2024, Special Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, March 15, 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 7 NOTICE OF A SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DATE: Friday, March 15, 2024 SUBJECT: Special Meeting on Wednesday, March 20, 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, March 20, 2024, at 5:00 p.m. Said meeting shall be for the purpose of considering the following: PRESENTATION 1. March 2024 Citizen of the Month – Cameron Grant CONSENT CALENDAR Item Nos. 2­12 CLOSED SESSION 13.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC0065668 CLOSED SESSION REPORT ADJOURNMENT The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular meeting to be held on April 3, 2024, at the Feldheym Central Library, 555 West Sixth Street, San Bernardino 92401. Closed Session will begin at 4:00 p.m. Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 8 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 9 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three­minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. ALTERNATE MEETING VIEWING METHOD: If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3 https://reflect­sanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6 Mayor and City Council of the City of San Bernardino Page 10 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 2:00 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 PRESENTATIONS City of San Bernardino Request for Council Action Date:March 20, 2024 To:Honorable Mayor and City Council Members From:Ben Reynoso, Council Member, 5th Ward Department:Council Office Subject:March 2024 Citizen of the Month – Cameron Grant       Packet Page. 11 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING CAMERONCAMERON GRANTGRANT MARCHMARCH 20242024 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 20th day of MARCH 2024       Packet Page. 12 1 8 5 6 DISCUSSION City of San Bernardino Request for Council Action Date:March 20, 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:Fiscal Year 2023/24 Mid-Year Budget Report Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Fiscal Year 2023/24 Mid-Year Budget Report; and 2. Adopt Resolution No. 2024-054 Authorizing the Director of Finance and Management Services to amend the Fiscal Year 2023/24 Operating Budget by $9,362,446 as outlined in the Fiscal Year 2023/24 Mid-Year Budget Report. Executive Summary The Mid-Year report presented to the Mayor and City Council provides an economic update, the City of San Bernardino’s budget performance for the first half of Fiscal Year 2023/24, and the City Manager’s recommended budget amendments for critical needs and enhanced service to the community. Background On October 4, 2023, the Mayor and City Council approved and adopted the Strategic Initiatives totaling $6,636,293: $1,610,693 in General Fund appropriations, $3,325,600 in General Fund Strategic Reserve Appropriations, and $1,700,000 in General Fund Capital Contingency Reserve Appropriations. The Mid-Year Report for Fiscal Year 2023/24 continues the budget monitoring and performance for the year. This report includes a review of the City’s revenue trends and projections and a review of the General Fund expenditures and projections for the       Packet Page. 13 1 8 5 6 remainder of the fiscal year. The Mid-Year Budget Report is an important opportunity to review projected revenues and expenditures for the remainder of the fiscal year and consider critical needs that require additional funding. Discussion The City’s Finance team worked closely with departments to put together a mid-year review of the operating budgets, both revenues and expenditure. Each department prepared revenue estimates and projected its expenses for the remainder of the year. In reviewing the budget performance with departments, the City Finance Department and Budget Division identified areas with potential savings to utilize for department needs and areas in which additional budget is needed for the remainder of the fiscal year. Further in this report is a detailed outline of the General Fund expenditures and operating budgets. As the City continues to grow and align with the goals and priorities set forth by the Mayor and City Council, investments within the City are identified to position the City to continue to adequately provide the expected service levels to the community. The requests before the Mayor and City Council for review require additional funding and have been thoroughly reviewed by the City’s Budget and Finance team in partnership with the City Manager’s Office. As departments work to execute the programs and initiatives set forth with the Strategic Initiatives, the requests address only the most essential needs identified by the City Manager’s Office and departments. These requests supplement the ongoing work within the departments and expand their ability to meet the community's needs. The requests are detailed below with the fiscal impact for this fiscal year and any ongoing fiscal impact. Overall, the projected revenues in the General Fund through the end of the Fiscal Year are estimated to be $218,558,821, and projected expenditures are estimated to be $206,707,152, inclusive of the City Manager’s recommendations included in this report. The difference in the projected revenues and expenditures for the operating budget allows the City to maintain healthy reserves and remain fiscally sound; however, it is important to note that given the current additions to the budget from the time of adoption through Mid-Year, any additional significant investments outside of those presented in this report will result in the use of fund balance. National Economic Trends The U.S. Commerce Department’s Bureau of Economic Analysis (BEA) reported fourth-quarter real gross domestic product (GDP) increased at an annual rate of 3.3% in the fourth quarter of 2023, which far exceeded expectations, as compared to the real GDP increase of 4.9% in the third quarter. This growth was largely due to Americans making more and spending more. The leading contributors were services and goods. Within the services category were food services, accommodations, and health care. The goods category is comprised of nondurable goods (led by pharmaceutical products) and recreational goods and vehicles (led by computer software). The BEA further reported: •The current-dollar personal income increased by $224.8 billion in the fourth quarter compared to $196.2 billion in the third quarter.       Packet Page. 14 1 8 5 6 •Disposable personal income increased $211.7 billion, or 4.2%, in the fourth quarter, compared to an increase of $143.5 billion, or 2.9%, in the third quarter. •Real disposable personal income increased 2.5%, compared to an increase of 0.3%. •Personal savings were $818.9 billion in the fourth quarter, compared to $851.2 billion in the third quarter. There was a reported decrease in residential fixed investments, which mainly reflected a decrease in overall new single-family construction and brokers’ commissions, and decreases in private inventory investment reflected a decrease in wholesale trade industries. Overall, the national economy appears to show strong growth. While the fourth quarter grew at a slower rate than the third quarter (3.3% versus 4.9%), the economy is still performing above economist expectations, and recession appears nowhere in sight from a national outlook. Local Economic Trends The U.S. Bureau of Labor Statistics reports that the United States unemployment rate continues to stand at a record low of 3.5%. San Bernardino County reports 5.0% as of November 2023 as compared to 4.0% in November 2022. A 5.0% unemployment rate is very low overall; unemployment rates below 4% can indicate a market in which available jobs are not aligned with the labor available. Should the local and regional rates continue to rise, the potential lack of available employment opportunities could impact residents’ ability to find work and their economic well-being. The CPI in the Riverside, San Bernardino, and Ontario MSA remained unchanged from October to November 2023. This is due to higher prices for shelter that are offset by lower prices for gas and other fuel. Over the last 12 months, the CPI advanced 4.3%, with food prices rising 3.8% and energy prices rising 0.5%.       Packet Page. 15 1 8 5 6 Prices of food such as meat, poultry, fish, and eggs decreased by 2.3%, and fruits and vegetables decreased by 2.1%; however, food prepared away from home increased only slightly (1.4%) during this period. The energy index decreased 6.0% during this period largely due to lower prices for gasoline while prices for electricity increased by 7.2% and prices for natural gas also increased by 1.2%. The index for all other items rose 0.6% during this period, driven by increases in recreation (1.4%) and shelter (1.3%). Overall, the increase in the CPI indicates a rise in the overall cost of living in the region, which, in turn, affects residents’ purchasing power and impacts their budgets for everyday expenses. Changes in food prices, especially the decreases in certain items, influences household spending patterns. While the decrease in gasoline prices might provide some relief for consumers, the increase in electricity costs is likely to offset those savings. General Fund Revenue Trends The City of San Bernardino has operated in a period of growth and is now starting to see stability in the revenue streams it is highly dependent on. Positive revenue trends year to date through December 31, 2023, show that almost all revenue streams are trending on budget for the year. The primary drivers of the City’s revenue continue to be Sales and Use Tax and Measure S Transaction and Use Tax; however, Franchise Tax, Licenses and Permits, and Utility Users Tax are trending slightly higher than the amended budgets for the fiscal year. The review below covers some primary areas where revenue projections vary from the amended budget.       Packet Page. 16 1 8 5 6 Charges for Services This revenue stream comprises fees the City collects from services provided to the community. Most notable in this category are plan check fees, code single-family inspection fees (SFIF), miscellaneous police receipts, program and facility use fees, and a number of other fees within this category. A revenue trend analysis was recently completed, and the results suggest that these revenues will trend slightly lower than the budget due to fluctuations in the construction and building sector. As departments continue recruiting and filling vacant positions directly impacting service levels to the community where these revenue streams are realized, some revenue categories may grow. Staff continues to monitor economic indicators that influence this revenue category, and the proposed FY 2024/25 & FY 2025/26 revenue budget will reflect any changes. Franchise Tax This revenue stream comprises the franchise fee agreements the City has with So Cal Edison, So Cal Gas, Charter Cable TV, Verizon, and Burrtec Disposal. The City anticipates seeing higher-than-anticipated franchise receipts, and this revenue estimate has been updated to reflect that increase. It’s important to note that most franchise fees received are distributed quarterly or twice annually, and only two quarters of the year have been received thus far. Intergovernmental The primary driving force behind this category is the service agreement between the San Bernardino International Airport Authority (SBIAA) and the City for two SBPD police officers to be assigned to SBIAA with the beginning of commercial flights in August 2022. Reimbursements for Police presence at special events are included within this category as well. As more events continue to be held in the City that request Police presence, the overtime that the Police department incurs is reimbursed and Account Classification Adopte d Budge t Ame nded Budge t Ye ar-to-Date De cembe r 31, 2023 Estimate d Year-End FY 2023/24 Charges for servi ces 9,133,250$ 9,133,250$ 3,241,934$ 9,087,250$ Fi nes and forfeitures 1,416,000$ 1,416,000$ 313,168$ 1,397,000$ Franchise Tax 12,791,000$ 12,791,000$ 3,387,931$ 13,280,000$ Intergovernmental 2,372,000$ 2,372,000$ 2,073,571$ 5,348,374$ Investment income 540,000$ 540,000$ 475,948$ 900,000$ Licenses & permits 12,768,000$ 12,768,000$ 8,835,429$ 14,378,500$ Measure S Sales Tax 51,000,000$ 51,000,000$ 13,180,638$ 50,528,000$ Miscellaneous 3,709,697$ 3,729,697$ 251,057$ 3,844,697$ Other Taxes 9,016,000$ 9,016,000$ 3,694,647$ 9,550,000$ Cannabis Tax 3,000,000$ 3,000,000$ 1,078,805$ 2,800,000$ Property Taxes in Li eu of VLF 23,000,000$ 23,000,000$ 195,283$ 23,000,000$ Sales and Use Tax 58,000,000$ 58,000,000$ 13,791,274$ 57,088,000$ Use of Money and Property 604,000$ 604,000$ (265,467)$ 2,357,000$ Utili ty Users Tax 21,000,000$ 21,000,000$ 12,534,750$ 25,000,000$ Total Revenues 208,349,947$ 208,369,947$ 62,788,966$ 218,558,821$ City of San B ernardino FY 2023/24 General Fund Revenues       Packet Page. 17 1 8 5 6 receipted within this category. This category’s year-end totals have been adjusted upward with input and projections from the Police department. Licenses & Permits The main driver in this category is the revenue that Business Registration collects for Business Licenses and Permits. An influx of revenue was seen in FY 2022/23 and in FY 2023/24 for the first half of the fiscal year due to the City’s Business Registration Inspectors working diligently to update outdated licenses and permits within the City for businesses that were out of compliance. While this revenue stream is expected to see more revenue this year, it will return to normal levels beginning FY 2024/25. Sales & Use Tax and Measure S Transaction & Use Tax (TUT) The City is primarily a sales-tax dependent City, with Sales and Use Tax, and the Measure S Transaction and Use Tax representing over 50% of the FY 2023/24 General Fund revenues in the adopted budget. Sales tax receipts are reported and remitted to the State every month, and the City receives its remittance two months after the taxes are collected. The mid-year update reflects two months’ worth of sales tax receipts, and collections are trending on par with the amended budgeted amounts. Staff continuously monitors economic indicators because sales tax is a volatile revenue stream. Staff evaluates local, state, and national trends to predict the potential impact of shifts in interest rates, inflation, and consumer confidence on the City’s revenue. Consumer spending did not significantly drop in 2023, as some economists predicted. Inflation has cooled, although it has not yet hit the desired Federal Reserve targets. Interest rate hikes kept borrowing costs for homes, transportation, and equipment above 2022. Financing costs are expected to gradually decrease in the back half of 2024, and households will most likely stay on a path of placing spending priorities on essential items while choosing to defer non-essential purchases whenever possible. As a City largely dependent on volatile revenue streams that are largely influenced by consumer confidence, the City should exercise prudence in budgeting as households continue to limit discretionary spending. Sales & Use Tax Staff remains conservative with revenue projections. Based on year-to-date collections, economic indicators, and trend analyses, the Sales and Use Tax is projected to end the year slightly under the amended budget amount of $58 million by -1.6%, with a total estimated collection of $57 million for the fiscal year. Measure S Like the sales and use tax, this transaction and use tax represents a considerable portion of the City’s General Fund revenue. The actual collections to date are slightly lower than originally projected. Based on collections year-to-date, economic indicators, and trend analyses, staff estimates that the revenue stream will end the year -0.9% under the budgeted amount of $51 million, with estimated collections of $50.5 million.       Packet Page. 18 1 8 5 6 Cannabis Revenue Cannabis revenue comprises approximately two percent of the total revenue for the City. The revenue comes to the City through permit applications, regulatory fees, special events, and the cannabis tax, which comprises the largest component. Revenues for mid- year are high due to remittance of late payment of taxes to the City. Staff anticipates that overall collections will nevertheless end the year under the adopted budget amount. Economic Development and Business Registration staff are working with the companies that are late paying to expedite payment. Utility User Tax Given that the CPI for electricity has increased locally in the last quarter, the Utility User Tax revenue category is seeing the direct result. Staff is anticipating this revenue stream to end the year 19.0% over the adopted budget amount, with estimated collections of $25 million. Below is a bar chart of anticipated revenue performance for FY 2023/24. The Amended Budget is $208.4 million and total revenue is forecast to be nearly $218.6 million. General Fund Expenditures Departments continue to recruit positions to ensure a high level of service and to staff programs and initiatives that positively impact the community. Various recruitments are ongoing to fill positions granted during the Strategic Initiatives. During the mid-year review process, the Finance team reviews the actual expenditures year-to-date with each department and projects areas that may need additional funding through the end of the       Packet Page. 19 1 8 5 6 fiscal year due to unexpected expenses. The chart below provides a snapshot of the General Fund current year-to-date transactions through December 2023 and the anticipated projections through the end of the fiscal year. Most of the departments remain on track for the fiscal year with a few exceptions that will require additional funding, as outlined below. Budget Performance For the most part, departments are performing at or below budget as of December 31. The Police Department shows expenditures of 56% of budget; however, the CalPERS actuarially required annual contribution for the City’s unfunded pension liability is paid up front each July. The Safety, or Police, portion of the liability is entirely paid from within the Police Department personnel budget, making it appear as if the department has overspent their budget early in the fiscal year. If this payment, which for FY 2023/24 was $23.2 million is normalized over 12 months, the department is at 46% of budget as of December 31. The Miscellaneous employee portion of the liability, which was $9.6 million for FY 2023/24, is paid through each department with non-safety employees. Departments significantly under budget are struggling to hire qualified employees. While economic indicators suggest that labor challenges should be easing, the market remains competitive, and turnover is problematic. When departments are able to hire qualified employees, they are too often poached by higher paying cities, counties, special districts and even the private sector within a few months of hire. Budget Amendments – Maintaining Current Service Levels In reviewing the operating budget expenditures at mid-year a few critical items were identified that will require additional budget amendments. Critical items that require additional budget exist in both the General Fund and the Liability Fund. Staff is requesting that the Mayor and City Council approve the following budget amendments due to Departm ent Adopte d Budge t Am ended Budge t Y e ar-to-Date De cembe r 31, 2023 Percent of Budge t (50% of FY) Estimate d Y ear- End FY 2023/24 Mayor 305,812$ 305,812$ 145,431$ 48%305,812$ City Council 1,084,346 1,092,321 593,995 54%1,092,321 City Clerk 1,836,829 1,908,667 645,723 34%1,748,820 City Attorney 4,309,583 4,309,583 1,497,525 35%5,304,826 General Government 17,647,856 17,901,045 4,850,545 27%17,504,376 City Manager 3,019,056 3,440,261 1,365,118 40%3,440,261 Human Resource 2,741,874 2,981,453 1,147,140 38%2,975,837 Finance 5,587,998 5,671,902 2,540,732 45%5,580,156 Special Assessment District 150,000 150,000 114,321 76%114,321 Capital Improvement Projects 2,000,000 2,950,618 105,377 4%2,000,000 Community & Economic Development 11,721,180 14,045,411 4,732,391 34%12,092,145 Police 115,050,227 118,707,864 66,114,665 56%116,734,761 Parks Recreation & Community Services 5,054,805 5,286,060 2,300,260 44%5,224,619 Public Works 29,879,002 34,884,813 12,358,940 35%31,164,575 Library 2,869,459 2,869,459 1,320,000 46%2,924,322 Budgeted Expenditure Savings (2,500,000)(2,500,000)(875,000)35%(1,500,000) T otal General Fund Expenditures 200,758,027$214,005,269$98,957,163$46%206,707,152$ General Fund FY 2023/24 Expenditures       Packet Page. 20 1 8 5 6 unforeseen expenses: General Fund Departments Legal Services The City has seen increased tort litigation since exiting the Chapter 11 Bankruptcy. The City no longer enjoys the benefits of bankruptcy protection, and plaintiffs' attorneys once again see the City as a viable target for litigation. Most of the budget and costs associated with the Legal Services Office are driven by specialized legal counsel retained for specific projects and large cases, not the municipal legal services retainer with BB&K for day-to- day legal work and review. Like many fields, professional services are subject to the same inflationary pressures affecting other sectors of the economy. As the City continues to address several complex and high-profile cases that have proven difficult to resolve, staff recommends an increase of $1,000,000 to allow for outside specialized legal counsel to continue serving the City. Staff anticipates that this increase will be ongoing until all complex and high-profile cases have been settled, however, staff has sat with the Human Resources department and the Legal Services team to budget appropriately in the upcoming fiscal years. It should be noted that, despite inflationary pressures, the overall cost of legal services remains significantly lower with contracted legal services than the City paid when it had an in-house City Attorney's Office. Additionally, attorneys’ fees and costs represent a smaller portion of the City’s governmental expenses today than they did prior to the transition. Police Department The City continues to be a prime spot for hosting special events in which Police presence is requested. In order to keep up with the demand, staff recommends a budget increase of $875,000 to the Police department. This expense is directly correlated with the increase in the Intergovernmental category of revenues, meaning that the City will be directly reimbursed for this cost, making this a net zero budget impact item. Internal Service Fund Departments Liability Fund The Liability Fund maintains a balance from which claims liabilities are paid. The General Fund pays into this fund annually to ensure adequate funding to pay estimated claims. As of December 31, 2023, the Human Resources Department has expensed approximately $7.7 million, using 84% of the amended budget of $9.2 million. Due to higher-than- anticipated settlement agreements, staff is recommending an addition of $7 million in FY Fund Adopted Budget Amended Budget Year-to-Date December 31, 2023 Percent of Budget (50% of FY) Estimated Year- End FY 2023/24 Animal Services 4,621,705$ 5,019,449$ 2,170,821$ 43%4,909,746$ Fleet Services 5,509,724 6,536,362 2,173,821 33%6,536,362 Information Technology 7,849,370 12,597,892 3,187,982 25%12,597,892 Liability Insurance 9,178,259 9,179,220 7,731,635 84%16,179,220 Workers Compensation 5,727,232 5,566,631 3,035,925 55%5,766,631 Total, Internal Service and Other Funds 32,886,290$ 38,899,553$ 18,300,183$47%45,989,850$ Internal Service and Other Fund Expenditures       Packet Page. 21 1 8 5 6 2023/24 to cover these and upcoming additional expenses. It is important to note that the Outside Legal Services budget directly correlates with the increased costs of the Liability Claims. The representation of outside legal firms is needed to settle the claims paid from this fund. Budget Amendments – City Manager’s Recommendations During the mid-year review with departments the following requests were identified to meet the demand for services in the community. These requests are recommended by the City Manager to enhance the current service level and improve the ability of staff to serve the community. The City Manager recommends the approval of the following amendments to the Fiscal Year 2023/24 operating budget. Community Development & Housing Department The City currently contracts with Willdan Engineering to provide support to the City in the capacity of two (2) contract Building Inspectors. The Community Development & Housing Department has three (3) budgeted full-time employees, two of which are filled, and one is vacant. The City Manager recommends the addition of one (1) full-time Building Inspector to alleviate their dependence on contracted staff for the Building Division. On a national level, there is a high demand and a shortage in the labor market for Building Inspectors. This is due to cities competing to build up their infrastructure and not enough experts in the field to fill the positions. To recruit, cities offer extremely competitive pay, with which San Bernardino currently cannot compete. The cost and impact to the General Fund for the addition of this position is estimated to be $33,788 for FY 2023/24 and $104,520 for FY 2024/25. Library In 2008, the Library had an annual budget of approximately $3 million, 31 full-time staff, five management-level staff, the equivalent of a senior management analyst, and two administrative support staff. The Library was open 54 hours a week. By 2014, due to budget cuts, the annual budget for the department was reduced to $1.3 million, a 57% decrease, 11 full-time staff, a 65% decrease, and the Library Director was the only remaining management staff member. Feldheym Library was open 37 hours weekly, and the branches were only able to be open for 20 hours weekly. Over the last three years, the Library has received more funds to expand public service hours and now has 17 staff and three literacy-grant funded staff, for a total of 20. Nevertheless, the Library Director remains the only management staff member with an increased and more complex workload. The department receives $200,000 annually in grants in which the Library Director must oversee, including programs in partnership with the Literacy Program Coordinator, a position that was just recently filled. The City Manager recommends the addition of a Management Analyst to assist the Library Director with budgeting, grant reporting, managing grants, and ensuring compliance with grant requirements alongside the Literacy Coordinator position. Having a Management Analyst who could coordinate with the Literacy Program Coordinator on the budget and grant compliance would alleviate some of the Literacy Program Coordinator's duties and allow this position to focus more on overseeing programs and classes for the public. The cost       Packet Page. 22 1 8 5 6 and impact to the General Fund for the addition of this position is estimated to be $32,372 for FY 2023/24 and $108,217 for FY 2024/25. The City Manager recommends the addition of a Library Technician so that all Library branches have equal staff support. Two of the three branches have two full-time Library Technicians. With only one full-time person at the third branch, keeping this branch staffed has proven to be challenging. While the department has part-time staff to backfill during absences, part-time staffing has proven to be a challenge in training and retention. Additionally, the branch library hours doubled in the Fall of 2021 to 40 hours weekly, making it essential to have an additional full-time Library Technician. Funding a full-time employee would also allow for a decrease in the part-time budget needed within the department. The impact to the General Fund for the addition of this position is estimated to be $31,197 for FY 2023/24 and $76,340 for FY 2024/25. Parks, Recreation & Community Services For the past three years, the Parks, Recreation & Community Services Department has hosted Sizzling Summer Nights, which is a concert series hosted at the Roosevelt Bowl. Attendance continues to grow as the department markets the events to the community. The community has voiced that events such as the Sizzling Summer Nights foster a welcoming and inclusive environment. However, the Roosevelt Bowl will be undergoing major renovations for the next 16 months, which has pushed the department to request the purchase of a stage trailer. The stage trailer would allow for the concert series to continue during the renovation period. The stage will continue to be useful even after the reopening of the Roosevelt Bowl. Should Parks & Recreation, or any other department, host an event requiring a stage, they can use the stage and save the City rental costs ranging from $70,000 to $80,000 per use. Additionally, the City could potentially rent the trailer to other organizations when there is a city-wide event, generating rental revenue. The impact to the General Fund for the purchase of the stage trailer is estimated to be $125,000 for FY 2023/24, which is a one-time cost. The City Manager also recommends adding one (1) Community Recreation Program Supervisor within the Senior Nutrition Division. The Senior Nutrition Program provides lunch meals to the Senior Citizens of San Bernardino five days a week at 6 locations throughout the City. In FY 22/23, 68,000+ meals were served at these locations, proving the importance of this program to our senior citizens. Meals are served at Fifth Street Senior Center, Perris Hill Senior Center, Lytle Creek Community Center, Hernandez Community Center, the Highland Senior Center, and New Hope. The City has administered this program for over 40 years, mostly supported by part-time staff. Having a full-time Program Supervisor overseeing the program will allow the department to run this program seamlessly and oversee meal preparation, transportation of meals to the various locations, serving meals, and ensuring that all health and safety procedures are followed. The impact to the General Fund for the addition of this position is estimated to be $37,818 for FY 2023/24 and $82,899 for FY 2024/25. Police Over the last few years, SBPD has been awarded millions of dollars in grant funding.       Packet Page. 23 1 8 5 6 These grants have reporting requirements necessitating extensive timekeeping and payroll requirements. Currently, SBPD has one Accounting Technician whose primary responsibility is maintaining these payroll requirements. As the department and grant reporting has expanded, this task has far outpaced one technician’s workload. In the past two years, SBPD has lost three Accounting Technicians due to the payroll workload. Additionally, ancillary tasks have not been attended to and have fallen by the wayside. Failing to maintain grant reporting requirements puts current and future funding in jeopardy. To ensure compliance, the Management Analyst and Senior Management Analyst have had to allocate time to process payroll weekly. This is inefficient and has caused a lapse in other key areas of Finance within the department. The City Manager recommends adding one (1) full-time Accounting Technician to the department to assist with the Payroll functions. The cost and impact to the General Fund for the addition of this position is estimated to be $28,833 for FY 2023/24 and $81,863 for FY 2024/25. In 2019, the Police Department recognized gaps in their professional staff workforce that were negatively impacting their ability to meet community expectations. Changes in legislation and community engagement have required law enforcement agencies to lean heavily on social media for community engagement, recruitment, and information sharing and to respond promptly to critical incidents before false narratives jeopardize the community's safety. The department consistently cites its successful social media capacity in grant proposals, and numerous grants totaling more than $5.5 million have social media components requiring extensive advertising campaigns. Building a robust professional staff investigations team allows the organization to meet its core objective of policing. Using professional staff does this at a reduced rate without substantially contributing to the unfunded pension liabilities. This has proven to be a successful strategy and has been emulated by other agencies throughout the state. Staff found an alternative funding source for these positions in a three-year state grant. Staff applied for and was awarded the grant of $1.1 million. These, in conjunction with several other positions, were funded and filled. This grant expired in December of 2023. Though all the funded positions are important, the Marketing and Public Relations Specialist and Criminal Investigation Officer are crucial to the department's continued success. The Marketing and Public Relations Specialist has played an integral role in developing the department's community engagement program. Over the past several years, the department has developed an extensive social media following (increasing from 69,000 to over 200,000 followers). Currently, the department has a larger number of Twitter, Instagram, and Facebook followers than any other police department in the County. The Criminal Investigation Officer has assisted with criminal investigations, resulting in a substantial decrease in Part 1 violent crime, a homicide solvability rate double that of the national average, and the incarceration of recurring criminal offenders. All of this was done in addition to the grant-required assignments. The City Manager recommends fully funding the Marketing and Public Relations Specialist and Criminal Investigation Officer through the General Fund. The impact to the General Fund for the addition of this position is estimated to be $72,568 combined for FY 2023/24 and $222,482 for FY 2024/25. The Uniform Crime Reporting (UCR) program was established by the Federal Bureau of Investigation (FBI) in 1930 to collect and publish crime statistics based on data compiled       Packet Page. 24 1 8 5 6 and provided by law enforcement agencies throughout the country. UCR is a summary reporting system (SRS) covering ten offense types reported in aggregate form. The San Bernardino Police Department submits UCR data monthly. In 2016, the FBI approved a plan to move away from UCR summary reporting in favor of more detailed incident-based reporting (IBR) under the National Incident-Based Reporting System (NIBRS). The primary purpose of this change was to improve the quality of crime data collected by law enforcement and reported to the FBI. The NIBRS system captures up to 58 detailed elements on 34 reportable offense types, including data on victims, offenders, offenses, property, and their relationships. Additional contextual data on crime location, time, and clearance are also captured. The amount of information collected and reported under NIBRS surpasses that collected and reported under UCR. The Police Department currently assigns one full-time Police Records Technician to handle all UCR-related responsibilities. With the significantly increased requirements of NIBRS/CIBRS, the Police Department has undertaken an assessment of its current systems and staffing needs to comply with the new state and federal reporting laws. To comply with state and federal crime reporting laws, the City Manager recommends adding three (3) full-time Police Records Technicians, one (1) full-time Police Records supervisor, and the necessary training costs associated with onboarding these personnel and bringing them up to speed with the mandate and reporting requirements. The impact to the General Fund for adding these positions is estimated to be $125,870 for FY 2023/24 and $339,205 for FY 2024/25. A summary of the City Manager’s recommended budget amendments is below. Budget Impact, Revenues and Expenditures While some revenues are anticipated to fall below initial budget estimates, others are filling the gap, and the City is expected to end FY 2023/24 with revenues over $218 million. The City Manager recommendations and the critical needs will add $2,362,446 to the General Fund Operating Budget and $7,000,000 to the Liability Fund Budget. De partme nt Ite m De scription Re que st Ty pe FY 2023/24 FY 2024/25 Legal Services Outside Legal Services Increase Ongoing 1,000,000$ 1,000,000$ Police Overtime Budget for Special Events One-Time 875,000$ -$ Human Resources (Liability Fund)Liability Claim Budget Increase One-Time 7,000,000$ -$ Community Development & Housing (1) Building Inspector Ongoing 33,788$ 104,520$ Library (1) Management Analyst Ongoing 32,372$ 108,217$ Library (1) Library Technician Ongoing 31,197$ 76,340$ Parks & Recreation Stage Trailer One-Time 125,000$ -$ Parks & Recreation (1) Community Recreation Program Supervisor Ongoing 37,818$ 82,899$ Police (1) Accounting Technician Ongoing 28,833$ 81,863$ Police (1) Marketing Specialist Ongoing 33,947$ 104,040$ Police (1) Criminal Investigation Officer Ongoing 38,621$ 118,442$ Police (3) Records Technicians, (1) Records Supervisor, and Training Costs Ongoing 125,870$ 339,205$ 9,362,446$ 2,015,526$ 2,362,446$ 2,015,526$ 7,000,000$ -$ FY 2023/24 Budget Amendments T otal Budget Amendments Total General Fund Amendments Total Liability Fund Amendments       Packet Page. 25 1 8 5 6 Total General Fund expenditures, inclusive of the proposed amendments, are forecast to be approximately $206.7 million, well below expected revenue of $218.5 million. While the New Amended Budget assumes a use of Fund Balance of nearly $8 million, the forecast for FY 2023/24 is to end the year with a surplus of over $11.8 million. This is due to spending trends, salary and operational savings, and revenue expectations. 2021-2025 Strategic Targets and Goals Receiving and Filing the FY 2022/23 Mid-Year Budget Update Report aligns with Key Target No. 1: Improved Operational & Financial Capacity. Updated revenue and expenditure projections provide the Mayor and City Council with important information and analysis needed to make financial decisions impacting the City. Fiscal Impact The total FY 2023/24 Budget Amendment is $9,362,446: $7,000,000 into the Liability Fund and $2,362,446 into the General Fund. $875,000 in revenues will also be amended for the reimbursable overtime within the Police Department. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Fiscal Year 2023/24 Mid-Year Budget Report; and 2. Adopt Resolution No. 2024-054 Authorizing the Director of Finance and Management Services to amend the Fiscal Year 2023/24 Operating Budget by $9,362,446 as outlined in the Fiscal Year 2023/24 Mid-Year Budget Report. Attachments 1. Attachment 1 - Resolution No. 2024-054 Fiscal Year 2023-24 Budget Amendments 2. Attachments 2 – Fiscal Year 2023-2024 Mid-Year Report Presentation Ward: All Wards Synopsis of Previous Council Actions: June 21, 2023 The Mayor and City Council adopted Resolution No. 2023- 080 approving the City of San Bernardino’s Operating Budget Adopted Budget Amended Budget Mid-Year Additions NEW Amended Budget Forecast Total Revenue 208,349,947$208,369,947$-$ 208,369,947$ 218,558,821$ Total Expenditures 200,758,027 214,005,269 2,362,446 216,367,715 206,707,151 Increase in (Use of) Fund Balance 7,591,920$ (5,635,322)$ (2,362,446)$(7,997,768)$ 11,851,670$ General Fund Operating Budget       Packet Page. 26 1 8 5 6 and Capital Improvement Program (CIP) for Fiscal Year 2023- 2024.       Packet Page. 27 Resolution No. 2024-054 Resolution 2024-054 March 20, 2024 Page 1 of 3 RESOLUTION NO. 2024-054 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2023/24 OPERATING BUDGET IN THE AMOUNT OF $9,362,446 FOR THE AMOUNTS DETAILED IN THE MID-YEAR FISCAL YEAR 2023/24 REPORT WHEREAS, the City of San Bernardino is in a period of growth and development; and WHEREAS, departments continue to focus on improving external and internal customer services; and WHEREAS, to make necessary improvements some departments require additional funding. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the Fiscal Year 2023/24 Operating Budget in the amount of $9,362,446 as detailed in the Mid-Year Fiscal Year 2023/24 Report. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of March 2024.       Packet Page. 28 Resolution No.2024-054 Resolution 2024-054 March 20, 2024 Page 2 of 3 4 0 5 3 Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 29 Resolution No.2024-054 Resolution 2024-054 March 20, 2024 Page 3 of 3 4 0 5 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-054, adopted at a regular meeting held on the 20th day of March 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. 30 FY 2023/24 Mid-Year Report Barbara Whitehorn, Director of Finance & Management Services Zuyva Ruiz, Budget Manager March 20, 2024       Packet Page. 31 FY 2023/24 Mid-Year Report Presentation Overview •Economic Update •Revenue Review •Budget Performance •Necessary Budget Amendments •City Manager’s Recommendations •Discussion 2       Packet Page. 32 ECONOMIC UPDATE 3       Packet Page. 33 Economic Update National Economic Trends - 4th Quarter of 2023 •GDP growth of 3.3% - exceeded expectations •Personal income increased by $224.8 billion •Disposable personal income increased 4.2% •Personal savings was $818.9 billion, down from $851.2 billion in Q3 4       Packet Page. 34 Economic Update Local Economic Trends •San Bernardino County Unemployment Rate •November 2023: 5.0% •November 2022: 4.0% 5       Packet Page. 35 Economic Update 6 CPI- unchanged from October to November       Packet Page. 36 Economic Update CPI Details •Increased 4.3% over last 12 months •Food prices up 3.8% •Energy index decreased overall by 6.0% •Gasoline prices down but electricity up 7.2% •Overall increase in Cost of Living in the area 7       Packet Page. 37 REVENUE REVIEWFY 2023/24 8       Packet Page. 38 FY 2023/24 Revenue 9       Packet Page. 39 FY 2023/24 Revenue 10 FY 2023/24 Revenue Forecast Amended Budget: $208.35M Forecast: $218.57M       Packet Page. 40 FY 2023-24 Revenue Revenues Forecast Under Budget •Sales & Use Tax (1.6%) •Measure S Transaction & Use Tax (0.9%) •Cannabis Tax (6.7%) Revenues Forecast Over Budget •Franchise Tax 3.8% •Licenses & Permits 12.6% •Utility Users Tax 19.0% 11 Revenue Performance       Packet Page. 41 BUDGET PERFORMANCEFY 2023/24 12       Packet Page. 42 FY 2023/24 Mid-Year Expenditures - GF 13       Packet Page. 43 General Fund Departments •Key to Note: •CalPERS required annual payment for City’s Unfunded Pension Liability is paid annually in July - $32.8M •Safety (Police): $23.2M – PD personnel budget •Miscellaneous (all other employees) $9.6M – all other personnel budgets 14 Department Budget Performance       Packet Page. 44 General Fund Departments •Police •Community Dev. •Parks & Recreation •Library •Public Works •Human Resources •Finance •City Manager’s Office 15 Department Budget Performance Departments on Track or Under Budget       Packet Page. 45 General Fund Departments General Fund – To Maintain Existing Service Levels •Legal Services •$1,000,000 for outside specialized legal counsel •Will go over budget without additional funding •Police Department •$875,000 for additional Overtime •Reimbursable – NO BUDGET IMPACT 16 Necessary Budget Amendments       Packet Page. 46 FY 2023/24 Mid-Year Expenditures – Other Funds 17       Packet Page. 47 Other Funds •Animal Services •Fleet Services •Information Technology 18 Budget Performance Funds on Track or Under Budget       Packet Page. 48 Other Funds Liability Fund – To Maintain Existing Service Levels •$7,000,000 allocation •84% of budget spent through 12/31/2023 •$7.7M of $9.2M Budget •Higher than anticipated legal settlements in first half of FY 2023/24 19 Necessary Budget Amendments       Packet Page. 49 Other Funds Liability Fund – Additional Details •Settlements in the last 5 years have exceeded $13.5M •Settling outstanding cases, City more of a target now that bankruptcy is resolved 20 Necessary Budget Amendments       Packet Page. 50 CITY MANAGER RECOMMENDATIONS MEETING THE NEEDS OF THE COMMUNITY FY 2023/24 21       Packet Page. 51 Manager Recommendations 22 Community Development & Housing Challenges: •Dependent on contract services for Building Inspectors •Labor market is extremely competitive to recruit Requests: •1 full-time Building Inspector position •$33,788 in FY 2023/24 and $104,520 in FY 2024/25       Packet Page. 52 Manager Recommendations 23 Library Challenges: •Lack of management support structure for Director •Difficulty recruiting, lack of personnel to track grant reporting and compliance •Increased hours of branches require more personnel Requests: •1 full-time Management Analyst position •$32,372 in FY 2023/24 and $108,217 in FY 2024/25 •1 full-time Library Technician position •$31,197 in FY 2023/24 and $76,340 in FY 2024/25       Packet Page. 53 Manager Recommendations 24 Challenges: •Renovations at Roosevelt Bowl will interrupt events •Lack of staff to address increasing needs for Senior Citizen Services Requests: •$125,000 – Stage Trailer – one-time expenditure •1 full-time Community Recreation Program Supervisor position •$37,818 in FY 2023/24 and $82,899 in FY 2024/25 Parks & Recreation       Packet Page. 54 Manager Recommendations 25 Police Challenges: •Grant funding with demanding reporting requirements •Expiration of grant funding, need to absorb grant-funded personnel Requests: •1 full-time Accounting Technician position •$28,833 in FY 2023/24 and $81,863 in FY 2024/25 •1 full-time Marketing & Public Relations position and 1 full-time Criminal Investigation Officer position •$72,568 in FY 2023/24 and $222,482 in FY 2024/25       Packet Page. 55 Manager Recommendations 26 Police Challenges: •State mandated crime statistics reporting •Lack of personnel to adequately support that Requests: •1 full-time Police Records Supervisor, 3 full-time Police Records Technicians •$125,870 in FY 2023/24 and $339,205 in FY 2024/25       Packet Page. 56 Mid-Year Budget Amendment Summary 27       Packet Page. 57 Manager Recommendations and Identified Needs Ongoing Costs 11 Full-Time positions •FY 2023/24: $362,446 •Ongoing: $1,015,526 Specialized Legal •FY 2023/24: $1,000,000 •Ongoing: $1,000,000 TOTAL FY 2023/24: $1,362,446 TOTAL Ongoing: $2,015,526 One-Time Costs Police overtime* •$875,000 Fully reimbursable Parks Stage Trailer •$125,000 Liability Fund •$7,000,000 TOTAL FY 2023/24: $8,050,000 Budget impact: $7,175,000 28 Summary       Packet Page. 58 FY 2023/24 Budget with Recommendations – GF 29       Packet Page. 59 FY 2023/24 Budget with Recommendations – Other 30       Packet Page. 60 General Fund Bottom Line 31 The Amended Budget assumes a Use of Fund Balance; however, the forecast, given spending and revenue expectations, is to ADD to Fund Balance.       Packet Page. 61 DISCUSSION 32       Packet Page. 62 1 9 5 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:March 20, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager By: Joshua Dramitinos, Deputy Director of Economic Development Department:Economic Development Subject:Real Property Donation of 300 North E Street -The Harris Building Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2024-059, accepting the real property donation of 300 North E Street, also known as The Harris Building (APN 0134-301-29), located within the City of San Bernardino, California, from El Corte Ingles, S.A. a Spanish Corporation (ECI); authorizing the City Manager to execute a quitclaim deed conveying fee interest to the City of San Bernardino. Executive Summary This action will convey fee interest of real property located at 300 N “E” Street (APN: 0134-301-29), also known as “the Harris Building”, from El Corte Ingles, S.A., a Spanish Corporation (ECI), to the City of San Bernardino, a charter city organized under the laws of California. Background The Harris Building is considered a historically significant landmark within the downtown corridor of the City of San Bernardino. El Corte Ingles, S.A., a Spanish Corporation (ECI), succeeded the Harris Company and acquired ownership of the Harris Building in May of 1998. Since acquiring the property, ECI has struggled to locate tenants to occupy the property. The property has endured many acts of vandalism and trespassing because of the vacant status. ECI has confirmed that the Harris Building is the last remaining property within their real estate portfolio located within the United States. ECI has determined that it is no longer economically viable to continue to maintain the property to mitigate future acts of vandalism and trespassing.       Packet Page. 63 1 9 5 7 Discussion El Corte Ingles, S.A., a Spanish Corporation (ECI), is the sole owner of 300 N “E” Street (APN: 0134-301-29), also known as “the Harris Building”, and has expressed a desire to donate the Harris Building to the City of San Bernardino. Staff has completed a review of the Preliminary Title Report regarding 300 N “E” Street (APN: 0134-301-29), also known as “the Harris Building”, and determined that there are no defects on title that would adversely affect the donation of the property. Accepting the donation of the Harris Building will provide added site control to the Carousel Mall redevelopment site. Property donations are not required to complete the traditional escrow process, as there is no consideration involved with the transfer of ownership. Accordingly, the due diligence associated with the property donation of the Harris Building is being limited to the satisfactory review of the preliminary title report. Additionally, a Title Insurance Policy has been purchased for the Harris Building; this will mitigate the likelihood for future defects on Title and assist with the future transfer or development of the property. Upon approval and acceptance of the donation of the Harris Building, by the Mayor and City Council of the City of San Bernardino, the Property will be brought before the Planning Commission, of the City of San Bernardino, to find conformity with the City’s General Plan. 2021-2025 Strategic Targets and Goals Approval of Resolution No. 2024-059 aligns with Key Target No. 1: Improved Operational & Financial Capacity: approving the donation of the Harris Building will strengthen the City’s Real Property Portfolio and provide future revenue sources. Fiscal Impact There is no fiscal impact to the General Fund as a result of this action. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2024-059, accepting the real property donation of 300 North E Street, also known as The Harris Building (APN 0134-301-29), located within the City of San Bernardino, California, from El Corte Ingles, S.A. a Spanish Corporation (ECI); authorizing the City Manager to execute a quitclaim deed conveying fee interest to the City of San Bernardino. Attachments Attachment 1 – Resolution No. 2024-059 Attachment 2 – Preliminary Title Report – 300 North E Street Ward: First Ward       Packet Page. 64 1 9 5 7 Synopsis of Previous Council Actions: None       Packet Page. 65 Resolution No. 2024-059 Resolution 2024-059 March 20, 2024 Page 1 of 3 4 3 4 7 RESOLUTION NO. 2024-059 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACCEPTING THE REAL PROPERTY DONATION OF 300 N “E” STREET, ALSO KNOWN AS “THE HARRIS BUILDING” (APN: 0134-301-29), LOCATED WITHIN THE CITY OF SAN BERNARDINO, CALIFORNIA, FROM EL CORTE INGLES, S.A., A SPANISH CORPORATION (ECI); AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED CONVEYING FEE INTEREST TO THE CITY OF SAN BERNARDINO WHEREAS, El Corte Ingles, S.A., a Spanish Corporation, (ECI) is the sole of owner of real property located at 300 N “E”, San Bernardino, California, also known as “the Harris Building” (APN: 0134-301-29); and WHEREAS, ECI has succeeded the Harris Company and maintained ownership of the Harris Building since May of 1998; and WHEREAS, ECI has requested to donate the property located at 300 N “E” Street, otherwise known as “the Harris Building,” to the City of San Bernardino, California; and WHEREAS, the City of San Bernadino, California has determined that receiving the Harris Building through donation would provide a direct benefit to the City of San Bernardino, California; and WHEREAS, the City of San Bernardino, California has reviewed the appropriate Title Report records to determine that there are no defects present on the Title to the property that would affect the future development or disposition of the property. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Approval of Resolution No. 2024-059, by the Mayor and City Council of the City of San Bernardino, California, will accept the donation of real property located at 300 N “E” Street, otherwise known as “the Harris Building” (APN: 0134-301-29); and will authorize the City Manager to execute all appropriate documents that will effectuate the donation of the Harris Building. SECTION 3. 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       Packet Page. 66 Resolution No. 2024-059 Resolution 2024-059 March 20, 2024 Page 2 of 3 4 3 4 7 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of March 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 67 Resolution No. 2024-059 Resolution 2024-059 March 20, 2024 Page 3 of 3 4 3 4 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-059, adopted at a regular meeting held on the 20th day of March 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. 68 Commonwealth Land Title Company 601 S. Figueroa Street, Suite 4000 Los Angeles, CA 90017 Phone: (800) 432-0706 City of San Bernardino E.D.A. 201 North E Street #301 San Bernardino, CA 92401 Attn: Josh Dramitinos Your Reference No: Our File No: 01911260 Title Officer: Kathy Religioso e-mail: Teamreligioso@cltic.com Phone: (213) 330-2330 Fax: (213) 330-3105 Property Address: 300 North E Street, San Bernardino, California PRELIMINARY REPORT Dated as of January 30, 2024 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.       Packet Page. 69 Order No: 01911260-919-KRC-KRE PRELIMINARY REPORT EFFECTIVE DATE:January 30, 2024 at 7:30 a.m. ORDER NO.: 01911260-919-KRC-KRE The form of policy or policies of title insurance contemplated by this report is: ALTA Extended Loan Policy of Title Insurance (6-17-06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel(s) a Easement(s) more fully described below as to Parcel(s) B and C 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: EL CORTE INGLES, S.A., a Spanish corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof.       Packet Page. 70 Order No: 01911260-919-KRC-KRE EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 12 OF PARCEL MAP 688, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 25, PAGES 47 THROUGH 58 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN BERNARDINO COUNTY, CALIFORNIA. PARCEL B: THOSE CERTAIN ON-EXCLUSIVE EASEMENTS UPON, OVER, UNDER AND ACROSS THE LAND DESCRIBED AND FOR THE USE AND PURPOSES DEFINED BY ARTICLE V OF THAT CERTAIN DECLARATION OF RESTRICTIONS, CONSTRUCTION, OPERATION, RESTRICTION AND EASEMENT AGREEMENT, EXECUTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ET. AL., DATED DECEMBER 24, 1970, AND RECORDED DECEMBER 24, 1970 IN BOOK 7580, PAGE 280 OFFICIAL RECORDS. PARCEL C: ALL THOSE EASEMENTS FOR WALLS, FOOTINGS, FOUNDATIONS AND SUBSURFACE SUPPORT, AND UTILITY FACILITIES OF THE “HARRIS BUILDING” AS GRANTED, AND MORE PARTICULARLY DESCRIBED AND DEFINED BY THE FOLLOWING INSTRUMENTS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO. A. AGREEMENT ENTERED INTO ON SEPTEMBER 15, 1971 BY AND BETWEEN THE HARRIS COMPANY, A CALIFORNIA CORPORATION, AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AND RECORDED ON OCTOBER 21, 1971 IN BOOK 7778, PAGE 564 OFFICIAL RECORDS. B. AGREEMENT ENTERED INTO ON SEPTEMBER 30, 1971, BY AND BETWEEN THE HARRIS COMPANY AND JOHN S. GRIFFITH AND COMPANY, A CORPORATION, AND CURCI-TURNER COMPANY, A PARTNERSHIP, JOINT VENTURES UNDER THE NAME AND STYLE OF CENTRAL CITY COMPANY AND CONNECTICUT GENERAL MORTGAGE AND REALTY INVESTMENTS, A MASSACHUSETTS BUSINESS TRUST, AND RECORDED ON OCTOBER 21, 1971 IN BOOK 7778, PAGE 589 OFFICIAL RECORDS. APN 0134-301-29-0-000       Packet Page. 71 Order No: 01911260-919-KRC-KRE EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2024-2025. B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.:0134-301-29-0-000 Fiscal Year:2023-2024 1st Installment:$18,601.06, DELINQUENT (Delinquent after December 10) Penalty:$1,860.10 2nd Installment:$18,601.05, OPEN (Delinquent after April 10) Penalty and Cost:$1,870.10 Homeowners Exemption: $0.00 Code Area:007-039 C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: May 17, 1967 Recording No: in Book 6822, Page 3 Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:General Telephone Company of California, a corporation Purpose:Public utilities Recording Date: September 10, 1968 Recording No: in Book 7090, Page 681 Official Records Affects:A portion of said land as more particularly described in said document. Affects:Parcel B       Packet Page. 72 Order No: 01911260-919-KRC-KRE EXCEPTIONS (Continued) 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:General Telephone Company of California, a corporation Purpose:Public utilities Recording Date: February 27, 1970 Recording No: in Book 7396, Page 537 Official Records Affects:A portion of said land as more particularly described in said document. Affects:Parcel B 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern California Edison Company, a corporation, it's successors and/or assigns Purpose:Public utilities Recording Date: April 30, 1970 Recording No: in Book 7435, Page 1 Official Records Affects:A portion of said land as more particularly described in said document. Affects:Parcel B 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:City of San Bernardino, a municipal corporation Purpose:Water mains, pipelines or lines Recording Date: May 22, 1970 Recording No: in Book 7448, Page 15 Official Records Affects:A portion of said land as more particularly described in said document. Affects:Parcel B 7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: December 24, 1970 Recording No: in Book 7580, Page 272 Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Affects:Parcel A       Packet Page. 73 Order No: 01911260-919-KRC-KRE EXCEPTIONS (Continued) 8. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: December 24, 1970 Recording No: in Book 7580, Page 280 Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Affects:Parcel A 9. Matters contained in that certain document Entitled:Landlord Agreement Dated:August 20, 1998 Executed by:El Corte Ingles, S.A., it's successors and/or assigns (Landlord) Recording Date: August 28, 1998 Recording No: as Instrument No. 19980368242 Official Records Reference is hereby made to said document for full particulars. 10. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Memorandum of Lease Lessor:El Corte Ingles, S.A., a Spanish corporation Lessee:Gottschalks Inc., a Delaware corporation Recording Date: December 16, 1998 Recording No: as Instrument No. 19980533442 Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Affects:Parcel A 11. Matters contained in that certain document Entitled:Certificate of Completion Recording Date: December 7, 2005 Recording No: as Instrument No. 2005-0929705 Official Records Reference is hereby made to said document for full particulars. Affects:Parcel A       Packet Page. 74 Order No: 01911260-919-KRC-KRE EXCEPTIONS (Continued) 12. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Project:Meadowbrook/Central City Redevelopment Project Recording Date: December 13, 2007 Recording No: as Instrument No. 2007-0095339 Official Records 13. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 14. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 15. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 16. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE “INFORMATIONAL NOTES” AND “REQUIREMENTS” SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS       Packet Page. 75 Order No: 01911260-919-KRC-KRE REQUIREMENTS SECTION 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: El Corte Ingles, S.A., a Spanish corporation a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a ‘parent’ organization, a copy of the Articles and By-laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 2. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s):All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 3. Unrecorded matters which may be disclosed by an Owner’s Affidavit or Declaration. A form of the Owner’s Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS       Packet Page. 76 Order No: 01911260-919-KRC-KRE INFORMATIONAL NOTES SECTION 1. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land a Commercial Property, known as 300 North E Street, San Bernardino, CA, to an Extended Coverage Loan Policy. 2. Note: The name(s) of the proposed insured(s) furnished with this application for title insurance is/are: No names were furnished with the application. Please provide the name(s) of the buyers as soon as possible. 3. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 4. Note: The charge for a policy of title insurance, when issued through this title order, will be based on the Basic Title Insurance Rate. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6. The application for title insurance was placed by reference to only a street address or tax identification number. The proposed Insured must confirm that the legal description in this report covers the parcel(s) of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the Company and/or the settlement company in order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. 7. Note: If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. 8. Note: Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of a Company agent, an authorized employee of the insured lender, or by using Bancserv or other Company-approved third-party service. If the above requirement cannot be met, please call the Company at the number provided in this report. 9. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk- Recorder. 10. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage.       Packet Page. 77 Order No: 01911260-919-KRC-KRE INFORMATIONAL NOTES (Continued) 11. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company’s State Counsel, Regional Counsel, or one of their designees. 12. Note: None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 13. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Kathy Religioso/q30       Packet Page. 78 Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non exclusive self protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov       Packet Page. 79 Commonwealth Land Title Company 601 S. Figueroa Street, Suite 4000 Los Angeles, CA 90017 Phone: (800) 432-0706 Notice of Available Discounts (Rev. 01-15-20)Last Saved: February 9, 2024 by Q30 MISC0164 (DSI Rev. 03/12/20)Escrow No.: 01911260-919-KRC-KRE Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company Underwritten by FNF Underwriters CTC – Chicago Title company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company TICOR – Ticor Title Company of California CTIC – Chicago Title Insurance Company LTC – Lawyer’s Title Company CLTIC – Commonwealth Land Title Insurance Company SLTC – ServiceLink Title Company CTIC – Chicago Title Insurance Company Available Discounts DISASTER LOANS (CTIC, CLTIC, FNTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected.       Packet Page. 80 FNF Privacy Statement (Eff. December 1, 2023) Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 12/13/2023)Page 1 Order No. 01911260-919-KRC-KRE FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective December 1, 2023 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number); financial account information (e.g. loan or bank account information); and other personal information necessary to provide products or services to you. We may collect Personal Information about you from: information we receive from you or your agent; information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device: Internet Protocol (IP) address and operating system; browser version, language, and type; domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for these main purposes: To provide products and services to you or in connection with a transaction involving you. To improve our products and services. To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently. To provide reviews and testimonials about our services, with your consent. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions;       Packet Page. 81 FNF Privacy Statement (Eff. December 1, 2023)Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 12/13/2023)Page 2 Order No. 01911260-919-KRC-KRE to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above-described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Connecticut Residents: For additional information about your Connecticut consumer privacy rights, or to make a consumer privacy request, or to appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. For Colorado Residents: For additional information about your Colorado consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada’s telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: aginquiries@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Utah Residents: For additional information about your Utah consumer privacy rights, or to make a consumer privacy request, please call (888) 714-2710. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. For Virginia Residents: For additional information about your Virginia consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with       Packet Page. 82 FNF Privacy Statement (Eff. December 1, 2023)Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 12/13/2023)Page 3 Order No. 01911260-919-KRC-KRE Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent to this Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions or would like to correct your Personal Information, visit FNF’s Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at privacy@fnf.com, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer       Packet Page. 83 Attachment One – CA (Rev. 11-04-22)Last Saved: 2/9/2024 2:52 PM by Q30 MISC0267 (DSI Rev. 3/16/23)Page 1 Order No. : 01911260-919-KRC-KRE ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY – 1990 (11-09-18) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which 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. Proceedings by a public agency which 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (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. 6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART II (Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE OWNER’S POLICY (02-04-22) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter:       Packet Page. 84 Attachment One – CA (Rev. 11-04-22)Last Saved: 2/9/2024 2:52 PM by Q30 MISC0267 (DSI Rev. 3/16/23)Page 2 Order No. : 01911260-919-KRC-KRE a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats 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 are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: PART I 1. (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. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. 5. (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. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. PART II (Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here) CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27. 2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by You; b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You;       Packet Page. 85 Attachment One – CA (Rev. 11-04-22)Last Saved: 2/9/2024 2:52 PM by Q30 MISC0267 (DSI Rev. 3/16/23)Page 3 Order No. : 01911260-919-KRC-KRE d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy. 4. Lack of a right: a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land. Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21. 5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transfer of the Title to You is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 30. 7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance. 9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27. 10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $5,000.00 CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar       Packet Page. 86 Attachment One – CA (Rev. 11-04-22)Last Saved: 2/9/2024 2:52 PM by Q30 MISC0267 (DSI Rev. 3/16/23)Page 4 Order No. : 01911260-919-KRC-KRE Your Deductible Amount Limit of Liability Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $5,000.00 ALTA OWNER’S POLICY (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats 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 are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: NOTE: The 2021 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below: 1. (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. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. 5. (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. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B       Packet Page. 87 Attachment One – CA (Rev. 11-04-22)Last Saved: 2/9/2024 2:52 PM by Q30 MISC0267 (DSI Rev. 3/16/23)Page 5 Order No. : 01911260-919-KRC-KRE 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: NOTE: The 2006 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below: 1. (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. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy. 5. (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. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.       Packet Page. 88       Packet Page. 89 MISC0008 (Rev. 09/15/2011) STATEMENT OF INFORMATION CONFIDENTIAL INFORMATION STATEMENT TO BE USED IN CONNECTION WITH ORDER NO: 01911260-919-KRE COMPLETION OF THIS FORM WILL EXPEDITE YOUR ORDER AND WILL HELP PROTECT YOU. THE STREET ADDRESS of the property in this transaction is: IF NONE LEAVE BLANK ADDRESS:CITY: IMPROVEMENTS: SINGLE RESIDENCE MULTIPLE RESIDENCE COMMERCIAL OCCUPIED BY: OWNER LESSEE TENANTS ANY PORTION OF NEW LOAN FUNDS TO BE USED FOR CONSTRUCTION: YES NO NAME SPOUSES NAME FIRST MIDDLE LAST FIRST MIDDLE LAST BIRTHPLACE BIRTH DATE BIRTHPLACE BIRTH DATE I HAVE LIVED IN CALIFORNIA SINCE SOCIAL SECURITY NUMBER I HAVE LIVED IN CALIFORNIA SINCE SOCIAL SECURITY NUMBER DRIVER’S LICENSE NO. DRIVER’S LICENSE NO. WIFE’S MAIDEN NAME: WE WERE MARRIED ON AT RESIDENCE(S) FOR LAST 10 YEARS NUMBER AND STREET CITY FROM TO NUMBER AND STREET CITY FROM TO NUMBER AND STREET CITY FROM TO NUMBER AND STREET CITY FROM TO OCCUPATION(S) FOR LAST 10 YEARS HUSBAND PRESENT OCCUPATION FIRM NAME ADDRESS NO. OF YEARS PRIOR OCCUPATION FIRM NAME ADDRESS NO. OF YEARS PRIOR OCCUPATION FIRM NAME ADDRESS NO. OF YEARS WIFE PRESENT OCCUPATION FIRM NAME ADDRESS NO. OF YEARS PRIOR OCCUPATION FIRM NAME ADDRESS NO. OF YEARS PRIOR OCCUPATION FIRM NAME ADDRESS NO. OF YEARS FORMER MARRIAGES: IF NO FORMER MARRIAGES, WRITE “NONE”: NAME OF FORMER SPOUSE IF DECEASED: DATE WHERE       Packet Page. 90 CURRENT LOAN ON PROPERTY PAYMENTS ARE BEING MADE TO:2. 1.3. HOMEOWNERS ASSOCIATION NUMBER: DATE SIGNATURE HOME PHONE BUSINESS PHONE       Packet Page. 91 Owner’s Declaration MISC0220 (DSI Rev. 6/23/16) OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at ___________________________________________________________________________________________, further described as follows: See Preliminary Report/Commitment No. 01911260-919-KRC-KRE for full legal description (the "Land"). b. Declarant is the ____________________________ of ______________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at ___________________________________________________________________________________________, further described as follows: See Preliminary Report/Commitment No. 01911260-919-KRC-KRE for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Commonwealth Land Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as ; occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. There are no material violations of any current, enforceable covenant affecting the Property and the Undersigned has received no written notice from any third party claiming that there is a present violation of any current, enforceable covenant affecting the Property.       Packet Page. 92 Owner’s Declaration MISC0220 (DSI Rev. 6/23/16) This declaration is made with the intention that Commonwealth Land Title Company and Commonwealth Land Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at . Signature: Signature:       Packet Page. 93 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:March 20, 2024 To:Honorable Mayor and City Council Members From:Charles 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 February 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 Discussion       Packet Page. 94 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 February 2024. Attachments Attachment 1 Payroll Summary Report for February 2024 Attachment 2 Commercial Checks & Payroll Register #37 Attachment 3 Commercial Checks & Payroll Register #38 Attachment 4 Commercial Checks & Payroll Register #39 Attachment 5 Commercial Checks & Payroll Register #40 Attachment 6 Commercial EFT Registers #1575-1585 Ward: All Wards Synopsis of Previous Council Actions: Gross Payroll Bi-Weekly for February 1, 2024 2,967,246.92$ Bi-Weekly for February 15, 2024 3,047,883.11$ Monthly for February 15, 2024 26,950.00$ T otal Payroll Demands:6,042,080.03$ The following check registers are being presented for approval: January 25, 2024 2023/24 (Regi ster #37)$1,098,418.72 February 1, 2024 2023/24 (Regi ster #38)$2,267,474.19 February 8, 2024 2023/24 (Regi ster #39)$2,421,543.93 February 15, 2024 2023/24 (Regi ster #40)$2,160,627.75 Total commercial check demands:$7,948,064.59 The following Electroni c Funds Transfer (EFT) regi sters presented for approval: D ecember 7 to D ecember 28, 2023 2023/24 (Regi ster #1575-1585)$2,362,878.24 Total commercial EFT demands:$2,362,878.24       Packet Page. 95       Packet Page. 96       Packet Page. 97       Packet Page. 98       Packet Page. 99       Packet Page. 100       Packet Page. 101       Packet Page. 102       Packet Page. 103       Packet Page. 104       Packet Page. 105       Packet Page. 106       Packet Page. 107       Packet Page. 108       Packet Page. 109       Packet Page. 110       Packet Page. 111       Packet Page. 112       Packet Page. 113       Packet Page. 114       Packet Page. 115       Packet Page. 116       Packet Page. 117       Packet Page. 118       Packet Page. 119       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 7 6 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:March 20, 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:Investment Portfolio Report for October, November, and December 2023 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment October, November and December 2023. Executive Summary This action is to approve the Investment Portfolio. This is regular business of the Mayor and City Council ensuring that the City invests in compliance with the Mayor and Council approved Investment Policy. Background The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy. Discussion The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the months ended October, November, and December, 2023. The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.       Packet Page. 191 7 6 9 2021-2025 Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact There is no fiscal impact associated with receiving and filing the monthly investment report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for October, November, and December 2023. Attachments Attachment 1 Investment Portfolio Management Summary Report October, November, and December 2023. Ward: All Wards Synopsis of Previous Council Actions: N/A       Packet Page. 192 Investments State Local Agency Investment Fund Certificates of Deposit Federal Agency Issues -Coupon Money Market Funds Corporate Notes Supranationals Investments Cash and Accrued Interest Passbook/Checking (not included in yield calculations) Accrued Interest at Purchase Subtotal Total Cash and Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return Par Value 78,583,225.97 2,234,000.00 74,000,000.00 132,500,762.34 31,261,000.00 4,500,000.00 323,078,988.31 251,249.00 323,330,237.31 October 31 Month Ending 98,948.97 321,582,569.28 0.36% CITY OF SAN BERNARDINO Portfolio Management Portfolio Summary October 31, 2023 Market Value 78,583,225.97 2,154,156.71 68,521,705.00 132,500,762.34 28,703,300.43 4,180,125.00 314,643,275.45 251,249.00 40,137.71 291,386.71 314,934,662.16 Fiscal Year To Date 2,745,798.19 330,707,576.69 2.46% Book Value 78,583,225.97 2,234,000.00 73,951,124.56 132,500,762.34 31,254,883.38 4,517,929.59 323,041,925.84 251,249.00 40,137.71 291,386.71 323,333,312.55 %of Portfollo Tenn 24.33 0.69 1,825 22.89 1,508 41.02 9.68 1,575 1.40 1,553 100.00% 533 533 CITY OF SAN BERNARDINO FINANCE DEPART MENT 290 ND. ST SAN BERNARDINO, CA 92401 (909)384-5242 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. 1 0.200 0.203 344 2.469 2.503 666 0.818 0.829 1 0.010 0.010 663 0.979 0.993 656 0.594 0.602 229 0.360 0.365 0.000 0.000 229 0.360 0.365 "I certify that this report accurately reflects all pooled investments and is in conformity with the lnvestm_ent Policy Statement approved by the Mayor and City Council on May 20, 2021." *Book Value is amortized Cost Basis **Market Values provided by BNY Western Trust. � �y DIRECTOR OF ADMIN SER�-:;1� 2- , 2.°3 Reporting period 10/01/2023-10/31/2023 Run Date: 11/30/2023 -10:04 Portfolio CITY AP IE (PRF _PM1) 7.3.11 Report Ver. 7.3.11       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       Packet Page. 208       Packet Page. 209       Packet Page. 210       Packet Page. 211       Packet Page. 212       Packet Page. 213       Packet Page. 214       Packet Page. 215       Packet Page. 216       Packet Page. 217       Packet Page. 218       Packet Page. 219 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:March 20, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager; Andrea Russell, Director of Human Resources Department:Human Resources & Risk Management Subject:Annual Renewal of the City's Property Insurance for FY 2024/25 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the annual renewal of the City’s property insurance for a premium not to exceed $2,415,000 for the term beginning April 1, 2024, and ending March 31, 2025; and authorizing the City Manager to execute all related documentation. Executive Summary Approving the City’s annual property insurance renewal for fiscal year 2024/25 to cover direct physical loss or damage to City property. Background The City of San Bernardino has a pooled membership within Public Risk Innovation, Solutions, and Management (PRISM) property program. Members within a pooled insurance plan typically experience lower rate increases year over year as opposed to stand-alone coverage. PRISM seeks quotes from both domestic and international markets in order to fill all the program insurance needs; therefore, it is a very intensive marketing process each year due to the size of the program and the number of carriers involved. Once the final quote is selected, PRISM then works internally with actuaries and underwriters to determine the premium allocation of each member based on their individual loss experience and exposure information. Discussion The City purchases commercial property insurance to cover direct physical loss or damage to City property caused by or resulting from a covered cause of loss. Member rates for 2024 are increasing. The degree of rate increase to each individual member varies within an established range dependent upon claims experience, however, most       Packet Page. 220 members will experience a 25-45% increase. Member allocation also considers the unique exposures of each entity including the types of property being insured and exposure to natural catastrophes. The City's not to exceed premium of $2,415,000 represents a 28% increase over last year's not to exceed premium amount of $1,742,000. The 2023/24 property insurance policy will end on March 31, 2024, and renew on April 1, 2024. Below is a breakdown of each type of coverage included in the renewal, through Alliant, with PRISM for the term beginning April 1, 2024, through March 31, 2025. Commercial Property The City purchases commercial property insurance to cover direct damage to City property. The policy through PRISM provides a $300,000,000 limit per occurrence with a $100,000 deductible. Flood The City purchases flood insurance to cover direct physical loss of or damage to City property caused by or resulting from a flood. The policy through PRISM provides a $200,000,000 limit with a $25,000 deductible. Earthquake The City purchases earthquake insurance to cover direct physical loss of or damage to City property caused by or resulting from an earthquake. The policy through PRISM provides a $100,000,000 limit with a $100,000 deductible minimum, or 5% of the total value of the building. Auto Physical Damage The City purchases auto physical damage insurance to cover City-owned vehicles against perils such as collision, vandalism, fire and theft. The policy through PRISM provides a replacement cost value or actual cash value of vehicles with a $10,000 deductible. Terrorism and Sabotage The City purchases terrorism and sabotage insurance for property damage and business interruption coverage in the event of a terrorist attack. The policy through PRISM provides a $750,000,000 limit with a $100,000 deductible. 2021-2025 Strategic Targets and Goals Approving the renewal of the City’s property insurance policy aligns with Key Target No. 1b: Minimize risk and litigation exposure. Commercial property insurance protects the City and mitigates risk by covering direct physical loss or damage to City property. Fiscal Impact The FY 2024-25 Operating Budget includes funding to support expenditures in the current fiscal year. The policy term is April 1, 2024, through March 31, 2025, for a not to exceed premium of $2,415,000. The premium will be expensed across two fiscal       Packet Page. 221 years: three (3) months in FY 2023/24 in the amount of $603,750 and nine (9) months in FY 2024/25 in the amount of $1,811,250. Funding will be included in the FY 2024/25 Operating Budget for the portion of the premium expensed in next fiscal year. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the annual renewal of the City’s property insurance for a premium not to exceed $2,415,000 for the term beginning April 1, 2024, and ending March 31, 2025; and authorizing the City Manager to execute all related documentation. Attachments Attachment 1 PRISM 2024/25 Budget Estimates Ward: All Wards Synopsis of Previous Council Actions: June 7, 2023 Mayor and City Council approved the annual renewal of the City’s property insurance for a premium not to exceed $1,742,000 for the term beginning April 1, 2023 and ending March 31, 2024. March 2, 2022 Mayor and City Council adopted Resolution No. 2022-42, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,601,000 for the term beginning April 1, 2022 and ending March 31, 2023. March 3, 2021 Mayor and City Council adopted Resolution No. 2021-54, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,292,000 for the term beginning April 1, 2021 and ending March 31, 2022.       Packet Page. 222 SBERC City of San Bernardino Public Risk Innovation, Solutions, and Management (PRISM) 2024/25 Budget Estimates, October 2023 0 These early estimates have been prepared to aid you in budgeting for the 2024/25 fiscal year. It is important to keep in mind it is early on in the process of determining each Program’s total cost. At this time, your entity’s exposure and experience have not been updated in any of the allocation models. The estimates provided are intended to be conservative; however, final premiums may be in excess of these estimates. Since we currently do not have renewal rates for any of the programs, we recommend you budget towards the upper end of the range plus any differences in exposure or experience which have not yet been considered. Once we have received and updated your losses and exposure, we will distribute updated estimates. We expect to be able to update losses and exposure for the General Liability and Workers’ Compensation programs near the end of the calendar year. If you are aware that you have any substantial changes over the past 12 months, please contact Sarah Bishop and a better estimate can be developed for you. $85,371,039 $98,744,909 The EWC premium projections assume a 5% payroll increase for all members. The pool rates incorporate actuarial projections. We have assumed reinsurance increases of 0% to 15% in the Core Tower and Ed Tower pool layer. We have also assumed reinsurance rate increases of 10% to 20% in the 45x5 layer and 10% to 20% in the Statutory xs 50M layer for the Core Tower I and Statutory xs 5M layer for the Core Tower II. In the Ed Tower, we have assumed reinsurance rate increases of 5% to 15% in the Statutory layer. Premium $686,000 $706,000 Excess Workers' Compensation Program 2022/23 Estimated Payroll: 2023/24 Estimated Payroll: to $453,24122/23 Premium: 24/25 Estimated Premium: 22/23 Premium: 23/24 Premium:$553,696       Packet Page. 223 SBERC City of San Bernardino Public Risk Innovation, Solutions, and Management (PRISM) 2024/25 Budget Estimates, October 2023 0 $61,537,617 $74,033,458 The liability, property, and cyber insurance markets have continued to experience a hardening trend in response to rising claims costs. Anticipated rate adjustments include a range of 15% to 30% for the SIR to 10M layer, 25% to 40% increases within the 5M xs 10M layer, and 15% to 25% for the 10M xs 15M layer. These preliminary estimates have been formulated utilizing the 2023/24 final allocation and anticipated market rate fluctuations. Please note that individual member rate variations may deviate from these assumptions, depending on their loss history, shifts in exposure, or other relevant factors. The market based program allocation of premium will be evaluated and approved by the GL2 Committee in the Spring. To learn more about PRISM's response to the hard insurance market and how to discuss premium increases with stakeholders at your entity, please see the narratives and talking points provided on PRISM's website at prismrisk.gov/coverages/managing-a-hard-market. Premium $2,332,000 $2,549,000 General Liability 2 Program 2022/23 Estimated Payroll: 2023/24 Estimated Payroll: to $1,594,02222/23 Premium: 24/25 Estimated Premium: 22/23 Premium: 23/24 Premium:$1,857,247 $378,059,524 $191,405,925 Premium estimates have been prepared to aid you in budgeting for the 2024/25 fiscal year. At this early stage in the renewal process, the premium estimates are provided as a range with the high end being fairly conservative. Since we are still gathering information and have not yet begun negotiations, we recommend you budget towards the upper end of the range. Updated estimates will be provided as information becomes available. The property premium projections assume an increase of 25-45% for most members. This is the average increase and members with adverse loss history and significant wildfire exposure and/or flood exposure in Flood Zone A & V may result in higher-than-average increases. These estimates are based on the 23/24 renewal Total Insured Values (TIV) stated above and do not consider increases in TIV outside of trending or increases in TIV due to property appraisals which may impact the final premium. The program is expected to largely renew with stable terms and conditions, but a full review of the MOC is currently in process and may result in changes at the renewal. Additionally, members may seek options for higher deductibles for premium savings. Please reach out to Sara Carlisle for information. Premium $2,082,000 $2,415,000 Property Program 2023/24 AR TIV: 2023/24 EQ TIV: to $1,402,36722/23 Premium: 24/25 Estimated Premium: 22/23 Premium: 23/24 Premium:$1,664,987       Packet Page. 224 SBERC City of San Bernardino Public Risk Innovation, Solutions, and Management (PRISM) 2024/25 Budget Estimates, October 2023 0 The Master Crime Program is currently placed with AIG for the first $10M layer, Berkley for the $5M excess of $10M layer, and Great American for the $5M excess of $15M layer. At this time we recommend budgeting for a 10%-15% rate increase. Please note that exposure changes could impact the premium. For those members that do not currently purchase the optional $250,000 excess of $250,000 Impersonation Fraud coverage, we recommend budgeting $7,500 to $10,000 in addition to the budget estimates if there is interest in applying for that coverage. Premium $15,200 $15,900 Master Crime Program to $13,42122/23 Premium: 24/25 Estimated Premium: 22/23 Premium: 23/24 Premium:$13,827 At this time, we recommend members with no paid or open claims, to budget for a 10% - 50% rate increase. For members that have paid losses or open claims with the potential for paid losses, please budget for a 20% - 85% rate increase. For members with significant losses and inadequate security controls, the increase may be larger. Premium $33,500 $45,700 Cyber Liability Program to $29,88722/23 Premium: 24/25 Estimated Premium: 22/23 Premium: 23/24 Premium:$30,496       Packet Page. 225 1 9 3 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:March 20, 2024 To:Honorable Mayor and City Council Members From:Charles A. Montoya, City Manager Lydie Gutfeld, Director of Parks, Recreation & Community Services Department:Parks & Recreation & Community Services Subject:Approving the Application for the California Department of Parks and Recreation - Outdoor Equity Grants Program (OEP) – Round 2 Recommendation: Adopt Resolution No. 2024-055 of the Mayor and City Council of the City of San Bernardino, California, to approve the submittal of an application for the California Department of Parks and Recreation – Outdoor Equity Program (OEP) Round 2 competitive program to the State of California. Executive Summary The Parks, Recreation, and Community Services Department was awarded grant funds from the California State Parks and Recreation Outdoor Equity Program (OEP) in 2022. The department applied for Round 2 funds in hopes of extending the opportunities. An approval of submittal of application is required for Round 2 of the competitive grant program. Background The California Department of Parks and Recreation Office of Grants and Local Services grant programs funding increased by $57 million through Assembly Bill 209. This increase has significantly impacted our community by enhancing the Outdoor Equity Grants Program (OEP), designed to improve the accessibility of outdoor experiences for residents in low-income urban and rural areas. The primary objective of the OEP is to connect underserved communities to natural areas, promoting health and wellness among Californians. Through this program, our department seeks to foster a sense of community and appreciation for public lands, ultimately enhancing the quality of life for our residents.       Packet Page. 226 1 9 3 0 In the Fall of 2021, our dedicated staff applied for the first round of OEP funding, submitting a request for $607,000. We are delighted to inform the City Council that in February 2022, we received notification from the granting agency that our city was chosen as one of the 150 cities to be awarded the three-year OEP Grant. This grant will allow us to facilitate over ten trips and community clean-up initiatives for our residents, promoting environmental stewardship and outdoor engagement. To build on the success of the initial grant, we have submitted an application for Round 2 funding. The additional funding from Round 2 would extend our ability to provide outdoor recreational opportunities, further enhancing the well-being and connection of our community members to the natural beauty that surrounds us. Discussion The State requires that an applicant include a resolution of support in the grant application. The grant program conditions include the requirement for the Council to adopt a resolution before application with certain conditions including: 1. The City certifies that it has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide. 2. The Council delegates the authority to the City Manager to conduct all negotiations, and sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope. 3. The City agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines. 4. The City will consider promoting diversity and inclusion at the park per Public Resources Code §80001(b)(8 A-G). Staff has reviewed the requirements and has determined that the City complies with all grant conditions. The Outdoor Equity Grants Program (OEP) improves the health and wellness of Californians through new educational and recreational activities, service learning, career pathways, and leadership opportunities that strengthen a connection to the natural world. OEP’s intent is to increase the ability of residents in underserved communities to participate in outdoor experiences within their community, at state parks, and other public lands. Round Two (2) of OEP provides funding for California’s underserved communities which will continue to advance the goals of the “Outdoor Access for All” initiative championed by Governor Gavin Newsom and First Partner Jennifer Siebel Newsom       Packet Page. 227 1 9 3 0 and the Natural Resources Agency’s “Outdoors for All” initiative. The OEP grant involves a complex application process and project selection criteria; Point Value Project Selection Criteria Title 30 1. Community Home Base 15 2. Community Planning 20 3. Outdoor Program Goals 15 4. Service Learning, Career Pathway, Leadership Opportunities 10 5. Partnerships and Capacity Building 10 6. Mentoring Youth Leaders after the GRANT Total Points: 100* *All applications start with zero points and can gain up to 100 points rather than starting with 100 points and losing points. The scope of the proposed project will include the following: - Overnight Camping (Youth, Teen, and Family) - Environmental Club; Workshops, Community Clean-ups - Day Trips; Hikes, Beach, Amusement Parks The maximum grant award amount of $687,268.00 will be requested for offering diverse outdoor recreation programs and activities. If awarded, the OEP grant would allow the City to provide a diverse range of activities, from painting trees outdoors to encountering ocean animals, ensuring that participants have a variety of experiences that can broaden their perspectives and create lasting memories. 2021-2025 Strategic Targets and Goals This request aligns with Key Target 1.c. Financial Stability – Grant focuses on providing funding for transportation, program operations, and capacity costs associated, Key Target 2.a. Focused, Aligned Leadership and Unified Community – Provide service learning, career pathways, and leadership opportunities. Key Target 3.b. Improved Quality of Life- Increase the ability of residents in underserved areas, as well as improve their health and wellness through educational and recreational activities. Fiscal Impact Outdoor Equity Program funds 100% of the proposed program cost for three (3) years. Conclusion Adopt Resolution No. 2024-055 of the Mayor and City Council of the City of San Bernardino, California, to approve the submittal of an application for the California Department of Parks and Recreation – Outdoor Equity Program (OEP) Round 2 competitive program to the State of California.       Packet Page. 228 1 9 3 0 Attachments Attachment 1 - RESOLUTION, No.2024-055 Approve OEP Grant Application Attachment 2 - OEP_ Application Ward: All Wards Synopsis of Previous Council Actions: March 16, 2022 – The Mayor and City Council adopted Resolution No. 2022-61 to approve the submittal of the application for the California Department of Parks and Recreation-Outdoor Equity Program (OEP) June 15, 2022 – The Mayor and City Council approved and accepted the awarded grant funds for the Outdoor Equity Program (OEP) in the amount of $605,321.26       Packet Page. 229 Resolution No. 2024-055 Resolution 2024-055 March 20, 2024 Page 1 of 3 4 2 6 7 RESOLUTION NO. 2024-055 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SUBMITTAL OF AN APPLICATION FOR THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION - OUTDOOR EQUITY PROGRAM (OEP) ROUND 2 TO THE STATE OF CALIFORNIA. WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Outdoor Equity Grants Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope program. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Certifies that said Applicant has or will have available, prior to commencement of any work on the program(s) included in this application, the sufficient funds to complete the program(s); and SECTION 3. Certifies that if the grant is awarded, the Applicant has or will have sufficient funds to operate the program(s) as described in the Grant Selection Criterion response, and SECTION 4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and SECTION 5. Delegates the authority to the City Manager or their designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion on the Grant Scope; and SECTION 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.       Packet Page. 230 Resolution No. 2024-055 Resolution 2024-055 March 20, 2024 Page 2 of 3 4 2 6 7 SECTION 7. Will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G). 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 to cause a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 9.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 10. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of March 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 231 Resolution No. 2024-055 Resolution 2024-055 March 20, 2024 Page 3 of 3 4 2 6 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-055, adopted at a regular meeting held on the 20th day of March 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 March 2024. Genoveva Rocha, CMC, City Clerk       Packet Page. 232 Enter Agency or Organization Name AND Program Name City of San Bernardino – Back 2 Nature Requested Grant Amount* $687,268.00 Other Funding Sources Amount $ 0 • Enter other funding sources amount (if applicable) • Include $ and commas between numbers. • Round to the nearest dollar, do not use cents. • Example: $50,000 Total Program Cost* $687,268.00 Does your Community Home Base have a physical street address?* Yes • Select one of the options. Community Home Base Nearest Cross Streets* Sierra Ave Community Home Base County* San Bernardino, County Select... Authorized Representative * First Name Lydie Last Name Gutfeld Authorized Representative Position/Title Director of Parks, Recreation & Community Services Authorized Representative Email* Gutfeld_ly@sbcity.org Authorized Representative Phone * 909.384.5233 Application Contact * First Name Vanessa Last Name Carbajal • The Application Contact is the day-to-day administrator who can answer detailed questions about the PROJECT and documents in the APPLICATION.       Packet Page. 233 Application Contact Email * Carbajal_va@sbcity.org Application Contact Phone* 909.633.1239 Application Checklist The following is organized by the Application Checklist per page 13 of the Application Guide. Checklist Item #1 - Application Form* Choose File Select up to 2 files to attach. No files have been attached yet. You may add 2 more files. Acceptable file types: .doc, .docx, .pdf, .jpg, .jpeg, .png • Directions can be found on page 14 of the Application Guide. • If a checklist item is not complete by the application deadline of December 14, 2023,, applicants should upload a placeholder that includes the current status of the checklist item, steps needed to complete the checklist item, and the estimated month the checklist item will be completed. • See www.parks.ca.gov/oep and use the fillable forms link. Checklist Item #2 - Grant Selection Criteria Section • This section starts on page 16 of the Application Guide covering Grant Selection Criteria 1 through 8. • Place responses in the boxes below. • As a reminder, the account owner is able to invite multiple team members to assist with drafting responses to the Grant Selection Criteria. Click here to learn more. • Save the application manually by scrolling to the bottom and clicking the SAVE BUTTON. • The response to this section must be complete by or before 5:00 pm on December 14, 2023. See the bottom of this page for Submittal instructions. GRANT SELECTION CRITERIA #1       Packet Page. 234 Grant Selection Criteria #1 - COMMUNITY HOME BASE • Use the Community FactFinder at parksforcalifornia.org/outdoorequity to list the following data for the area surrounding the COMMUNITY HOME BASE: o Community FactFinder Report ID Number (Found in the report’s top right corner) 1. Median Household Income $29,516.00 2. People in Poverty 1,056 3. Free or Reduced-Priced Meals (Percentage of students at the nearest public elementary, middle, and high schools) 85.5% 4. English Learners (EL) (Number of students enrolled at the nearest public elementary, middle, and high schools) 20.4% • Community FactFinder • Video of Community FactFinder Tips • Scoring rubrics are found on pages 17-18 of the Application Guide. • Additional technical assistance is available on page 49 of the Application Guide. A) Use the Community FactFinder to list the following data for the area surrounding the COMMUNITY HOME BASE • Community FactFinder Tool for OEP FactFinder Report ID Number (found on the top right corner of the report)* 104066 Median Household Income *$29,516.00 People in poverty * 1,056 Free or Reduced Priced Meals (Percentage of students at local public schools) * 85.5% English Learners (EL) (Percentage of students enrolled at local public schools)* 20.4% B) Why was this COMMUNITY HOME BASE selected as a central gathering place in the community for RESIDENTS who currently lack access to an OUTDOOR PROGRAM? * The Rudy C. Hernandez Community Center plays a vital role in providing support and services to the residents of San Bernardino. The center’s commitment to offering diverse programs for various age groups and addressing the needs of those facing financial hardships is commendable. The challenges faced by the community, including a significant number of families experiencing       Packet Page. 235 homelessness, highlight the pressing need for support and resources. It is clear that the center plays a crucial role in mitigating the impact of poverty and providing a welcoming space for residents to access essential programs and services. The envisioned program to provide families with opportunities to explore places that might otherwise be out of reach is a wonderful initiative. Exposure to new experiences and environments can have a positive impact on individuals, especially children, and can broaden their horizons. Such initiatives contribute to fostering a sense of hope and possibility, even in the face of challenging circumstances. It is essential for communities such as San Bernardino, to come together to support programs like these, recognizing the importance of creating a more inclusive and uplifting environment for all residents. The Rudy C. Hernandez Community Center is undoubtedly making a significant difference in the lives of those it serves, and efforts to expand and enhance such programs are likely to have a lasting positive impact on the community as a whole. Engaging in outdoor adventures and learning essential wilderness survival skills not only fosters a deeper appreciation for nature but also equips participants with valuable life skills. The emphasis on forming enduring bonds with nature and each other is particularly noteworthy, as it speaks to the power of community and connection. The diverse range of activities, from painting trees outdoors to encountering ocean animals, ensures that participants have a variety of experiences that can broaden their perspectives and create lasting memories. These activities not only offer moments of joy but also con tribute to personal growth and development. For the youth, in particular, the program services as a space for self-discovery amid nature, fostering a sense of responsibility for the local environment. This not only instills an appreciation for the natural world but also cultivates a commitment to environmental stewardship, promoting a sustainable and caring community. • Describe the CHALLENGES facing RESIDENTS, including YOUTH, and their need for access to an OUTDOOR PROGRAM. • Briefly describe the challenges not represented in A. GRANT SELECTION CRITERIA #2 Grant Selection Criteria #2.A. - Community Planning • Scoring rubric is found on page 20 of the Application Guide. • Additional technical assistance is available on page 50 - 51 of the Application Guide.       Packet Page. 236 Describe at least two MEETINGS that were conducted IN PERSON at the COMMUNITY HOME BASE or within a half-mile of the COMMUNITY HOME BASE. Meetings* Repeat the outline below to describe each MEETING that was conducted IN PERSON at or within a half-mile of the COMMUNITY HOME BASE. 1. MEETING #__1 2. Venue name and address: Rudy C Hernandez Community Center – 222 North Lugo St, 92408 3. Meeting Date/Year: 11/27/23 - 12/12/23 4. Start and End Times (am/pm):12-6 pm 5. Day of Week: Monday - Friday 6. Convenience: (Why was this an effective location and time to engage RESIDENTS near the COMMUNITY HOME BASE who lack personal transportation?) This location was effective; there are multiple housing apartments located across the street. The community center is in the middle of a neighborhood and there are at least 40-50 people passing through daily. 7. Number of YOUTH IN PERSON: (How many of the RESIDENTS were YOUTH that attended IN PERSON? How many attended online?) over the whole week there were approximately 29 youth who gave their input. 8. Number of adults IN PERSON: (How many of the RESIDENTS were adults such as parents, guardians, grandparents, teachers, etc. that attended IN PERSON? How many attended online?) 47 adults. 9. MEETING #__2 10. Venue name and address: Court Street Square- 249 North D Street, San Bernardino, Ca 92410 11. Meeting Date/Year: 12/9/2023 12. Start and End Times (am/pm):10 am – 1 pm 13. Day of Week: Saturday 14. Convenience: (Why was this an effective location and time to engage RESIDENTS near the COMMUNITY HOME BASE who lack personal transportation?) This is the location where lots of families came to have breakfast with Santa. 80 people had preregistered for the event. 15. Number of YOUTH IN PERSON: (How many of the RESIDENTS were YOUTH that attended IN PERSON? How many attended online?) 32 youth provided input 16. Number of adults IN PERSON: (How many of the RESIDENTS were adults such as parents, guardians, grandparents, teachers, etc. that attended IN PERSON? How many attended online?) 41 adults.       Packet Page. 237 Enter the total number of YOUTH between all MEETINGS who attended IN PERSON* Limit: 5 characters • IN PERSON – RESIDENTS who are physically present at a MEETING location. • Use a number only. • Do not use letters or words. 57 Enter the total number of adults between all MEETINGS who attended IN PERSON* Limit: 5 characters • IN PERSON – RESIDENTS who are physically present at a MEETING location. • Use a number only. • Do not use letters or words. 89 Enter the total number of RESIDENTS between all MEETINGS who attended online* 0 Limit: 5 characters • Use a number only. • Do not use letters or words. . Grant Selection Criteria #2.B. - Planning Activities in the Community • Scoring rubric is found on page 20 of the Application Guide. • Additional technical assistance is available on page 50 of the Application Guide. What ACTIVITIES IN THE COMMUNITY topics were discussed with RESIDENTS?* The city was able to lead community input meetings into discussions about meaningful and impactful activities for the community. Engaging in activities like trash pickup, cleaning up parks and empty lots, and assisting community gardeners can have wide-ranging benefits for the neighborhood and its residents. Trash Pickup on the Streets: Organizing regular community-wide trash pickup events not only helps in maintaining a clean and visually appealing environment but also fosters a sense of community pride. It sends a positive message about shared responsibility and respect for public spaces. Cleaning Up Parks and Empty Lots: Transforming neglected spaces into clean, safe, and usable areas enhances the overall quality of life for residents. It promotes outdoor recreation, community gatherings, and may even deter potential illegal activities in these areas.       Packet Page. 238 Assisting Community Gardeners: Supporting community gardeners with tasks like weeding and other chores not only contributes to the success of local gardens but also encourages sustainable practices. Community gardens often serve as sources of fresh produce and communal spaces for residents. In addition to the immediate physical improvements, these activities have social benefits as well. They bring community members together, fostering a sense of unity and shared purpose. Working side by side on projects builds relationships and strengthens the social fabric of the community. Consider establishing a regular schedule for these activities to maintain momentum and ensure sustained positive impacts. Encouraging community members, including youth and families, to actively participate can lead to a stronger, more connected neighborhood where residents take pride in their shared spaces. In the text box above, enter topics that RESIDENTS may want to participate in and learn about. Include discussion details such as interests, activities, participants, scheduling, logistics, etc. What ideas from RESIDENTS will be included for ACTIVITIES IN THE COMMUNITY?* Community clean ups at parks and helping at the community garden. In the text box above, enter only the list of ideas from RESIDENTS that will be included in the GRANT SCOPE for ACTIVITIES IN THE COMMUNITY. Grant Selection Criteria #2.C. - Planning NATURAL AREA TRIP(s) • Scoring rubric is found on page 20 of the Application Guide. • Additional technical assistance is available on page 50 of the Application Guide. What NATURAL AREA TRIP(S) were discussed with RESIDENTS? During the community input meetings, we discussed the idea of organizing a variety of outdoor nature activities, including hiking, surfing, skiing, snow tubing, horseback riding, and camping. Offering a range of activities allows residents to choose experiences that align with their interests and comfort levels, making the program more inclusive and appealing. In the text box above, enter destinations that RESIDENTS may want to visit, activities to participate in, traveling and scheduling logistics, etc. What ideas from RESIDENTS will be included for the NATURAL AREA TRIP(S)? Horseback Riding, Family Overnight Camping, Youth Overnight Camping, Camping on the Beach, Camping at the Zoo as well as Whale Watching will be an additional trip.       Packet Page. 239 In the text box above, enter only the list of ideas from RESIDENTS that will be included in the GRANT SCOPE for NATURAL AREA TRIP(S). GRANT SELECTION CRITERIA #3 Grant Selection Criteria #3 - ACTIVITIES IN THE COMMUNITY • Scoring rubrics are found on pages 21-22 of the Application Guide. • Additional technical assistance is available on page 52 of the Application Guide. • Definition of ACTIVITIES IN THE COMMUNITY is on page 59 of the Application Guide. Grant Selection Criteria #3.A. Activities for PARTICIPANTS to learn about the community’s environment or prepare for NATURE AREA TRIPS * Repeat the outline below to describe each ACTIVITY IN THE COMMUNITY. 1. ACTIVITY #__1 2. Title: Community Garden Clean up - (4) 3. Location: (Provide name and address where the activity will take place within a 5-mile radius of the COMMUNITY HOME BASE) Community Garden – 24662 Pedely Ave, San Bernardino, CA, 92410 4. Category: (Identify if this is for learning about the community’s environment or preparing for NATURAL AREA TRIPS or both) learning about the environment. 5. Summary: (Provide two sentences about planned activities) Participants will work with individual gardeners to weed and abate their plots as well as assist with planting and maintaining seasonal growth. 6. EDUCATIONAL goal: (Provide one sentence about what EDUCATIONAL goal(s) defined on page 60 will be met through the experience) Participants will learn how to garden for current gardeners and assist with garden chores, getting hands-on learning experience in gardening and learning how to grow food. 7. Age group: (Provide one sentence general description of PARTICIPANTS age groups such as families, YOUTH, OLDER ADULTS, or multi-generational) multi-generational. 8. ACTIVITY #__2 9. Title: Overnight Trip Preparations - 18 10. Location: (Provide name and address where the activity will take place within a 5-mile radius of the COMMUNITY HOME BASE) Rudy C. Hernandez Community Center, 222 North Lugo Ave, San Bernardino, Ca 92408       Packet Page. 240 11. Category: (Identify if this is for learning about the community’s environment or preparing for NATURAL AREA TRIPS or both) Preparing for Natural Area Trips. 12. Summary: (Provide two sentences about planned activities) The overnight trip preparations are an opportunity for the participants to have hands on experience with planning and coordinating each trip. This also gives participants an opportunity to provide their interests and feedback of planned activities that will take place, along with when they will occur. 13. EDUCATIONAL goal: (Provide one sentence about what EDUCATIONAL goal(s) defined on page 60 will be met through the experience) 14. Age group: (Provide one sentence general description of PARTICIPANTS age groups such as families, YOUTH, OLDER ADULTS, or multi-generational) This activity will be multigenerational Grant Selection Criteria #3.B. What is the total number of days that will involve ACTIVITIES IN THE COMMUNITY?* 30 Limit: 6 characters • Use a number only. • Do not use letters or words. Only use numbers to report the total planned amount of days. Grant Selection #3.C. Of the total PARTICIPANTS, how many YOUTH will be served by all ACTIVITIES IN THE COMMUNITY? * 1,170 Limit: 6 characters • To calculate, average the number of YOUTH per day and then multiply it by the number of days. (Example: average of 30 youth per day x 20 days = 600). • PARTICIPANTS – For reporting purpose and to develop cost estimates, an individual may be counted multiple times if the individual engages in multiple ACTIVITIES IN THE COMMUNITY. For example, if an individual will participate in five REOCCURRING ACTIVITIES IN THE COMMUNITY, the individual would be counted as five participants for cost and reporting purposes. • Use a number only. • Do not use letters or words. GRANT SELECTION CRITERIA #4 Grant Selection Criteria #4 - NATURAL AREA TRIP • Scoring rubrics found on pages 23 - 24 of the Application Guide. • Additional technical assistance is available on pages 53 - 54 of the Application Guide. • Definition of NATURAL AREA TRIP is on page 62 of the Application Guide.       Packet Page. 241 Grant Selection Criteria #4.A Describe the NATURAL AREA TRIPS * At least one day or overnight trip should be to a destination of the State Park system. A list is available here: https://www.parks.ca.gov/ParkIndex/ Repeat the outline below for each destination. 1. NATURAL AREA TRIPS Destination #__1 2. Destination: (Provide name and address where the nature experience will take place outside a 5- mile radius from the COMMUNITY HOME BASE. If a destination will be visited more than once, add a parenthesis after the destination’s name with the number of REOCCURRING TRIPS. Example: Rendon Park - 5 trips) YMCA Camp Elk - 6 trips 3. Category: (Identify if Day Trip or Overnight and number of nights) overnight 4. Summary: (Provide two sentences about planned activities) Youth will have the opportunity to learn about and engage in the following activities; archery, rockwall climbing, swimming, and building confidence while making friends in the outdoor environment. 5. SELF-DISCOVERY goal: (Provide a sentence on what SELF-DISCOVERY goal will be met) Youth will have free time to explore nature on their own. 6. EDUCATIONAL goal: (Provide a sentence about what EDUCATIONAL goal will be met) for youth to learn how to enjoy the outdoors 7. Age group: (Provide a sentence describing the PARTICIPANT age groups such as families, YOUTH, OLDER ADULTS, or multi-generational) Youth NATURAL AREA TRIPS Destination #__2 8. Destination: (Provide name and address where the nature experience will take place outside a 5- mile radius from the COMMUNITY HOME BASE. If a destination will be visited more than once, add a parenthesis after the destination’s name with the number of REOCCURRING TRIPS. Example: Rendon Park - 5 trips) Family Camp – Silverwood Lake, 14651 Cedar Cir, Hesperia, CA 92345 – 3 trips 9. Category: (Identify if Day Trip or Overnight and number of nights) overnight 10. Summary: (Provide two sentences about planned activities) Families will spend one day enjoying the lake. Participants will also get the chance to paint the trees they see. 11. SELF-DISCOVERY goal: (Provide a sentence on what SELF-DISCOVERY goal will be met) Families will have free time to explore nature grounds independently. 12. EDUCATIONAL goal: (Provide a sentence about what EDUCATIONAL goal will be met) To learn how to camp outdoors. 13. Age group: (Provide a sentence describing the PARTICIPANT age groups such as families, YOUTH, OLDER ADULTS, or multi-generational) Multi-generational 14. NATURAL AREA TRIPS Destination #__3 15. Destination: (Provide name and address where the nature experience will take place outside a 5- mile radius from the COMMUNITY HOME BASE. If a destination will be visited more than once, add a parenthesis after the destination’s name with the number of REOCCURRING TRIPS. Example: Rendon Park - 5 trips) Camp Commerce - 465 CA-173, Cedar Glen, CA 9232 – 3 trips 16. Category: (Identify if Day Trip or Overnight and number of nights) overnight       Packet Page. 242 17. Summary: (Provide two sentences about planned activities) Families with individuals with disabilities will get to enjoy time in the snow, participate in snow ball fights and winter scene crafts. 18. SELF-DISCOVERY goal: (Provide a sentence on what SELF-DISCOVERY goal will be met) Families will have free time to explore nature independently. 19. EDUCATIONAL goal: (Provide a sentence about what EDUCATIONAL goal) will be how to enjoy the winter weather in the outdoors 20. Age group: (Provide a sentence describing the PARTICIPANT age groups such as families, YOUTH, OLDER ADULTS, or multi-generational) Multi-generational NATURAL AREA TRIPS Destination #__4 21. Destination: (Provide name and address where the nature experience will take place outside a 5- mile radius from the COMMUNITY HOME BASE. If a destination will be visited more than once, add a parenthesis after the destination’s name with the number of REOCCURRING TRIPS. Example: Rendon Park - 5 trips) Leo Carillo State Beach, 35000 W Pacific Coast Hwy. Malibu, CA 90265 – 3 trips 22. Category: (Identify if Day Trip or Overnight and number of nights) overnight 23. Summary: (Provide two sentences about planned activities) Families will get to enjoy time on the Beach on their own and enjoy a campfire at night. 24. SELF-DISCOVERY goal: (Provide a sentence on what SELF-DISCOVERY goal will be met) Families will have free time to explore nature independently. 25. EDUCATIONAL goal: (Provide a sentence about what EDUCATIONAL goal will be met) 26. Age group: (Provide a sentence describing the PARTICIPANT age groups such as families, YOUTH, OLDER ADULTS, or multi-generational) Multi-generational 27. NATURAL AREA TRIPS Destination #__5 28. Destination: (Provide name and address where the nature experience will take place outside a 5- mile radius from the COMMUNITY HOME BASE. If a destination will be visited more than once, add a parenthesis after the destination’s name with the number of REOCCURRING TRIPS. Example: Rendon Park - 5 trips) Santa Barbara Zoo Safari Sleepover, 500 Ninos Dr, Santa Barbara, CA 93103 – 3 trips 29. Category: (Identify if Day Trip or Overnight and number of nights) overnight 30. Summary: (Provide two sentences about planned activities) Families will get to spend the night inside an animal enclosure at the zoo and learn about the animals. 31. SELF-DISCOVERY goal: (Provide a sentence on what SELF-DISCOVERY goal will be met) Families will have free time to explore the zoo independently. 32. EDUCATIONAL goal: (Provide a sentence about what EDUCATIONAL goal will be met) To see and learn about exotic animals. 33. Age group: (Provide a sentence describing the PARTICIPANT age groups such as families, YOUTH, OLDER ADULTS, or multi-generational) Multi-generational       Packet Page. 243 34. NATURAL AREA TRIPS Destination #__5 35. Destination: (Provide name and address where the nature experience will take place outside a 5- mile radius from the COMMUNITY HOME BASE. If a destination will be visited more than once, add a parenthesis after the destination’s name with the number of REOCCURRING TRIPS. Example: Rendon Park - 5 trips) Whale Watching, Newport Whales, 309 Palm St. #A, Newport Beach, CA 92661 - 6 36. Category: (Identify if Day Trip or Overnight and number of nights) Day Trip 37. Summary: (Provide two sentences about planned activities) Families will get to ride a boat and see different whales and dolphins and learn about them 38. SELF-DISCOVERY goal: (Provide a sentence on what SELF-DISCOVERY goal will be met) Families will have free time to observe the sea animals and ocean. 39. EDUCATIONAL goal: (Provide a sentence about what EDUCATIONAL goal will be met) to learn about the ocean and the animals in it 40. Age group: (Provide a sentence describing the PARTICIPANT age groups such as families, YOUTH, OLDER ADULTS, or multi-generational) Multi-generational 41. NATURAL AREA TRIPS Destination #__6 42. Destination: (Provide name and address where the nature experience will take place outside a 5- mile radius from the COMMUNITY HOME BASE. If a destination will be visited more than once, add a parenthesis after the destination’s name with the number of REOCCURRING TRIPS. Example: Rendon Park - 5 trips) Sunshine and Daydreams Horseback Riding, 4886 California Ave, Norco, CA 92860 – 6 trips 43. Category: (Identify if Day Trip or Overnight and number of nights) Day Trip 44. Summary: (Provide two sentences about planned activities) Families will ride horses, visit with and learn about horses and other farm animals, and have a campfire with smores at sunset. 45. SELF-DISCOVERY goal: (Provide a sentence on what SELF-DISCOVERY goal will be met) Families will have free time to observe the animals and ranch. 46. EDUCATIONAL goal: (Provide a sentence about what EDUCATIONAL goal will be met) The goal is to learn about Ranch life, horses and other farm animals. 47. Age group: (Provide a sentence describing the PARTICIPANT age groups such as families, YOUTH, OLDER ADULTS, or multi-generational) Multi-generational NATURAL AREA TRIPS Destination #__8 48. Destination: (Provide name and address where the nature experience will take place outside a 5- mile radius from the COMMUNITY HOME BASE. If a destination will be visited more than once, add a parenthesis after the destination’s name with the number of REOCCURRING TRIPS. Example: Rendon Park - 5 trips) Heaps Peak Arboretum, 29358 Rim of the World Hwy #18, Skyforest, CA 92385 – 6 trips 49. Category: (Identify if Day Trip or Overnight and number of nights) Day Trip 50. Summary: (Provide two sentences about planned activities) Families will hike and explore the natural area, see, and learn about natural fauna, and animals of the area. 51. SELF-DISCOVERY goal: (Provide a sentence on what SELF-DISCOVERY goal will be met) Families will have free time to observe the animals and ranch.       Packet Page. 244 52. EDUCATIONAL goal: (Provide a sentence about what EDUCATIONAL goal will be met) The goal is to learn about natural fauna and animals of the area. 53. Age group: (Provide a sentence describing the PARTICIPANT age groups such as families, YOUTH, OLDER ADULTS, or multi-generational) Multi-generational Grant Selection Criteria #4.B - How many NATURAL AREA TRIPS will occur? 33 Limit: 6 characters • This includes REOCCURRING TRIPS to the same destination. • Use a number only. • Do not use letters or words. Grant Selection Criteria #4.C. - How many YOUTH PARTICIPANTS will be served by all NATURAL AREA TRIPS?* 1,320 Limit: 6 characters • To calculate, average the number of YOUTH per trip and multiply it by the number of trips. (Example: average of 20 YOUTH per trip x 20 trips = 400). • PARTICIPANTS – For reporting purpose and to develop cost estimates, an individual may be counted multiple times if the individual engages in multiple NATURAL AREA TRIPS. For example, if an individual will participate in five REOCCURRING NATURAL AREA TRIPS, the individual would be counted as five participants for cost and reporting purposes. • Use a number only. • Do not use letters or words. GRANT SELECTION CRITERIA #5 Grant Selection Criteria # 5 - PARTICIPANT Recruitment Plan • Provide responses to A and B below, to describe a strategy for ensuring that the majority of PARTICIPANTS for the OUTDOOR PROGRAM will be RESIDENTS that live within a half- mile of the COMMUNITY HOME BASE. For rural areas see the definition of RESIDENTS. • RESIDENTS – the population living primarily within a half-mile of the COMMUNITY HOME BASE including YOUTH, families, and adults of all ages. This includes but is not limited to migrant working families, foster youth, and families who are homeless. It is recognized that some PARTICIPANTS may also commute from more distant neighborhoods or rural towns. • Scoring rubric found on page 25 of the Application Guide. • Technical assistance is available on page 55 of the Application Guide.       Packet Page. 245 Grant Selection Criteria #5.A. What is the plan for inviting, recruiting, and encouraging RESIDENTS with an emphasis on YOUTH, who live within a half-mile of the COMMUNITY HOME BASE to participate in the OUTDOOR PROGRAM? Our recruitment strategy for community activities and natural area trips is comprehensive and well- thought-out, leveraging various channels and community partnerships. Here's a breakdown of the key elements in our recruitment plan: Community Partnerships: Leaders and Organizations: Partnering with community leaders such as local and state elected officials, school district board members, teachers, college and university professors and counselors, as well as organizations such as Uplift San Bernardino, College Corp, Youth Action Partnership, is a strategic approach to tap into established networks and gain the trust of residents. Health Agencies: Involving health agencies such as Loma Linda University, Inland Empire Health Partners, indicates a recognition of the holistic benefits of outdoor activities on physical and mental well-being. Marketing and Outreach: PSAs on social media and podcasts: Posting Public Service Announcements (PSAs) on social media and local podcasts is an effective way to reach a broad audience and engage with the community in a modern and accessible manner. Flyers in English and Spanish: Creating bilingual flyers ensures inclusivity and accessibility, demonstrating a commitment to reaching all residents. Distribution at City Events: Promoting and distributing flyers at City Events provides an opportunity to engage with the community directly and generate interest in the programs. School Collaboration: Working with Schools: Partnering with schools, such as Cajon High School, San Grogonio High School, PAL Charter, is a strategic move to reach families and youth directly. Schools can serve as a hub for disseminating information to parents and students. Online Promotion: Social Media Sites: Utilizing social media platforms is crucial for reaching a wide audience, especially younger residents. Engaging content and regular updates can build anticipation and excitement. Registration through Social Media: Simplifying the registration process through social media can encourage more people to sign up for the Back 2 Nature programs. City Events: Promotion at City Events: The city host over 15 events throughout the year with some events spanning over six week series, which will provide visibility and a chance to interact with residents face-to-face. It's an excellent opportunity to answer questions, provide information, and register interested individuals on the spot. By combining these strategies, not only maximizing our reach but also ensuring a diverse and inclusive participation in our Back 2 Nature programs. The emphasis on bilingual communication, direct community engagement, and collaboration with various stakeholders is key to the success of our       Packet Page. 246 recruitment efforts. Regularly assessing the effectiveness of each channel and adjusting based on feedback will further refine our approach over time. • The plan should describe a strategy for using at least three of the ten methods listed on page 55 of the Application Guide. Grant Selection Criteria #5.B. Why are the planned methods likely to be effective in reaching YOUTH RESIDENTS who live within a half-mile of the COMMUNITY HOME BASE? Our approach to community outreach is thoughtful and well-designed, emphasizing inclusivity and cultural sensitivity. Overall, our community outreach strategy aligns with best practices for engaging residents effectively. It recognizes the importance of personal connections, varied communication channels, and cultural considerations, ultimately contributing to a stronger and more cohesive community. Regularly seeking feedback and making adjustments based on community input will further enhance the success of our outreach efforts. GRANT SELECTION CRITERIA #6 Grant Selection Criteria #6 - INTERNSHIPS Through Service Learning, Career Pathway, and Leadership Opportunities • Use the outline below to describe how RESIDENTS, including YOUTH, will receive INTERNSHIPS related to completion of the OUTDOOR PROGRAM during the GRANT PERFORMANCE PERIOD consistent with the GRANT SCOPE. INTERNSHIPS are paid or unpaid opportunities during the GRANT PERFORMANCE PERIOD of at least 200 hours of leadership and service learning designed to provide the recipient an advantage with career pathways or college admission. • Scoring rubric found on page 26 of the Application Guide. • Technical assistance is available on page 56 of the Application Guide. INTERNSHIPS Repeat the outline below for each separate INTERNSHIP: 1. INTERNSHIP Title: (Identify a position title for the INTERNSHIP.) C.I.T. Counselors In Training 2. INTERNSHIP Role: (Provide up to three sentences, describe what service(s) the INTERNSHIP will provide that is consistent with the eligible INTERNSHIPS listed on page 56.) CIT’s will have an opportunity for leadership development that will entail engagement with the community, planning and coordination of natural area trips, develop communication and marketing tools and skills, as well as understanding the framework of the outdoor programs.       Packet Page. 247 3. Number of RESIDENTS: (How many RESIDENTS will receive this INTERNSHIP during the GRANT PERFORMANCE PERIOD?) 30-40 4. Hours per each RESIDENT: (How many hours of experience will each RESIDENT receive during the GRANT PERFORMANCE PERIOD?) 100-150 hours 5. Cost: (If applicable, provide the total cost that will be charged to the grant for the above INTERNSHIP role.) ZERO GRANT SELECTION CRITERIA #7 Grant Selection Criteria #7 - PARTNERSHIPS and Capacity Building • Describe each PARTNERSHIP with the APPLICANT that will help achieve any of the goals of Grant Selection Criteria 3, 4, or 6. • Scoring rubric can be found on page 27 of the Application Guide. • Technical Assistance is available on page 57 of the Application Guide. PARTNERSHIPS Repeat the outline to describe each PARTNERSHIP with the APPLICANT that will help achieve any of the goals of Grant Selection Criteria 3, 4, or 6. 1. Organization Name and General Purpose: (Provide the entity's title and a one sentence summary about what the entity specializes in.) YMCA Camp ELK- specializes in youth camping experiences. 2. Role: (Provide up to two sentences describing what the partner will contribute to help achieve Grant Selection Criteria 3, 4, or 6.) Camp Elk will guarantee our reservation for the duration of the grant at a discounted rate 3. Estimated Grant Amount and Value: (Identify the proposed amount the GRANTEE would reimburse the partner should the grant be awarded, and why the amount represents the best value. Or respond by writing "Not Applicable" if there is no plan for reimbursement.) Not Applicable 4. Organization Name and General Purpose: (Provide the entity's title and a one sentence summary about what the entity specializes in.) Ca Conservation Corps 5. Role: (Provide up to two sentences describing what the partner will contribute to help achieve Grant Selection Criteria 3, 4, or 6.) will provide outdoor education the environment and on how to camp without leaving a footprint 6. Estimated Grant Amount and Value: (Identify the proposed amount the GRANTEE would reimburse the partner should the grant be awarded, and why the amount represents the best value. Or respond by writing "Not Applicable" if there is no plan for reimbursement.) Not Applicable 7. Organization Name and General Purpose: (Provide the entity's title and a one sentence summary about what the entity specializes in.) CA State Parks FAM Camp       Packet Page. 248 8. Role: (Provide up to two sentences describing what the partner will contribute to help achieve Grant Selection Criteria 3, 4, or 6.) FAM Camp will waive fees secure reservations to Ca State Parks, provide camping supplies 9. Estimated Grant Amount and Value: (Identify the proposed amount the GRANTEE would reimburse the partner should the grant be awarded, and why the amount represents the best value. Or respond by writing "Not Applicable" if there is no plan for reimbursement.) Not Applicable 10. Organization Name and General Purpose: (Provide the entity's title and a one sentence summary about what the entity specializes in.) City of Commerce – Camp Commerce 11. Role: (Provide up to two sentences describing what the partner will contribute to help achieve Grant Selection Criteria 3, 4, or 6.) Camp Commerce will facilitate the winter camping experience 12. Estimated Grant Amount and Value: (Identify the proposed amount the GRANTEE would reimburse the partner should the grant be awarded, and why the amount represents the best value. Or respond by writing "Not Applicable" if there is no plan for reimbursement.) Not Applicable 13. Organization Name and General Purpose: (Provide the entity's title and a one sentence summary about what the entity specializes in.) Santa Barbra Zoo – Safari Sleepover 14. Role: (Provide up to two sentences describing what the partner will contribute to help achieve Grant Selection Criteria 3, 4, or 6.) provide the overnight experience and education of the zoo animals 15. Estimated Grant Amount and Value: (Identify the proposed amount the GRANTEE would reimburse the partner should the grant be awarded, and why the amount represents the best value. Or respond by writing "Not Applicable" if there is no plan for reimbursement.) Not Applicable 16. Organization Name and General Purpose: (Provide the entity's title and a one sentence summary about what the entity specializes in.) Cajon High School 17. Role: (Provide up to two sentences describing what the partner will contribute to help achieve Grant Selection Criteria 3, 4, or 6.) provide Youth volunteers for the community garden activities 18. Estimated Grant Amount and Value: (Identify the proposed amount the GRANTEE would reimburse the partner should the grant be awarded, and why the amount represents the best value. Or respond by writing "Not Applicable" if there is no plan for reimbursement.) Not Applicable 19. Estimated Grant Amount and Value: (Identify the proposed amount the GRANTEE would reimburse the partner should the grant be awarded, and why the amount represents the best value. Or respond by writing "Not Applicable" if there is no plan for reimbursement.) Not Applicable 20. Organization Name and General Purpose: (Provide the entity's title and a one sentence summary about what the entity specializes in.) Center For Individual Development 21. Role: (Provide up to two sentences describing what the partner will contribute to help achieve Grant Selection Criteria 3, 4, or 6.) Will recruit participants with disabilities 22. Estimated Grant Amount and Value: (Identify the proposed amount the GRANTEE would reimburse the partner should the grant be awarded, and why the amount represents the best value. Or respond by writing "Not Applicable" if there is no plan for reimbursement.) Not Applicable       Packet Page. 249 23. Organization Name and General Purpose: (Provide the entity's title and a one sentence summary about what the entity specializes in.) San Bernardino Senior Centers 24. Role: (Provide up to two sentences describing what the partner will contribute to help achieve Grant Selection Criteria 3, 4, or 6.) Will help recruit older adults for Back 2 Nature programs 25. Estimated Grant Amount and Value: (Identify the proposed amount the GRANTEE would reimburse the partner should the grant be awarded, and why the amount represents the best value. Or respond by writing "Not Applicable" if there is no plan for reimbursement.) Not Applicable The responses above will be sufficient to describe PARTNERSHIP roles at the time of APPLICATION. If the OEP grant is awarded and the GRANTEE plans to use grant funds to pay a partner, an agreement between the partner and the GRANTEE must be formalized that includes the following: • Description of the service to be provided. • Time period for those services. • Amount of the OEP grant that the GRANTEE will pay the partner. • And, that partners must report ELIGIBLE COSTS expenditures to the GRANTEE. It is the GRANTEES’s responsibility to keep those records for an audit. GRANT SELECTION CRITERIA #8 Grant Selection Criteria #8 - Mentoring Youth Leaders After the Grant Performance Period* A - There is a plan for mentoring youth after the grant funds expire. Yes, there is a plan in place to continue with the Back 2 Nature program through mentoring and fostering youth after the grant performance period. Said plan will engage youth to understand how the ecosystem works, how to be involved with civic engagement, establish connections through local non- profits whose framework is environmental justice, as well as with the local colleges and universities. B - It is not possible to mentor youth after the grant funds expire. • Sustaining the OUTDOOR PROGRAM beyond the GRANT PERFORMANCE PERIOD is not required. This is about mentoring YOUTH after the OUTDOOR PROGRAM. • Scoring rubric found on page 28 of the Application Guide. • Technical assistance is available on page 58 of the Application Guide. ************* END OF GRANT SELECTION CRITERIA *************       Packet Page. 250 This marks the end of the Grant Selection Criteria. Grant Selection Criteria responses must be complete and submitted by December 14, 2023 prior to 5:00 p.m. Revisions to the Grant Selection Criteria will not be accepted after 5:00 p.m. on December 14, 2023. See the instruction for submitting at the end of this online application system. The remaining portions of the application are Checklist Items 3 - 9. If Checklist Items 1 and 3 - 9 are not complete by December 14, 2023 applicants should upload a placeholder that includes the current status of the checklist item, steps needed for to complete the checklist item, and estimated month the checklist item will be completed. Please use page 13 of the Application Guide as a reference for the remaining checklist items. Checklist Item #3 - Community FactFinder Report and Handbook Form* Choose File Select up to 2 files to attach. No files have been attached yet. You may add 2 more files. Acceptable file types: .doc, .docx, .pdf, .jpg, .jpeg, .png • Community FactFinder Handbook Form • Directions can be found on page 29 of the Application Guide. • If this item is not complete by December 14, 2023, applicants should upload a placeholder that includes the current status of the checklist item, steps needed for to complete the checklist item, and estimated month the checklist item will be completed. • See www.parks.ca.gov/oep and use the Fillable Forms link. Checklist Item #4 - Authorizing Resolution* Choose File Select up to 5 files to attach. No files have been attached yet. You may add 5 more files. Acceptable file types: .doc, .docx, .pdf, .jpg, .jpeg, .png • Authorizing Resolution Form • Directions can be found on page 31 of the Application Guide. • If this item is not complete by December 14, 2023, applicants should upload a placeholder that includes the current status of the checklist item, steps needed for to complete the checklist item, and estimated month the checklist item will be completed.       Packet Page. 251 • See www.parks.ca.gov/oep and use the Fillable Forms link. Checklist Item #5 - Grant Scope/Cost Estimate and Certification Form* Choose File Select up to 4 files to attach. No files have been attached yet. You may add 4 more files. Acceptable file types: .doc, .docx, .pdf, .jpg, .jpeg, .png • Grant Scope/Cost Estimate • Grant Scope/Cost Estimate Certification • Directions can be found on page 33 of the Application Guide. • If this item is not complete by December 14, 2023, applicants should upload a placeholder that includes the current status of the checklist item, steps needed for to complete the checklist item, and estimated month the checklist item will be completed. • See www.parks.ca.gov/oep and use the fillable forms link. Checklist Item #6 - Funding Sources Form* Choose File Select up to 3 files to attach. No files have been attached yet. You may add 3 more files. Acceptable file types: .doc, .docx, .pdf, .jpg, .jpeg, .png, .svg • Funding Sources Form • Directions can be found on page 36 of the Application Guide. • If this item is not complete by December 14, 2023, applicants should upload a placeholder that includes the current status of the checklist item, steps needed for to complete the checklist item, and estimated month the checklist item will be completed. • See www.parks.ca.gov/oep and use the Fillable Forms link. Checklist Item #7 - Applicant Capacity *       Packet Page. 252 Choose File Select up to 5 files to attach. No files have been attached yet. You may add 5 more files. Acceptable file types: .doc, .docx, .pdf, .jpg, .jpeg, .png, .xls, .xlsx • Directions can be found on page 38 of the Application Guide. • If this item is not complete by December 14, 2023, applicants should upload a placeholder that includes the current status of the checklist item, steps needed for to complete the checklist item, and estimated month the checklist item will be completed. Checklist Item #8 - Reporting Certification* Choose File Select up to 5 files to attach. No files have been attached yet. You may add 5 more files. Acceptable file types: .doc, .docx, .pdf, .jpg, .jpeg, .png • Directions can be found on page 39 of the Application Guide. • If this item is not complete by December 14, 2023, applicants should upload a placeholder that includes the current status of the checklist item, steps needed for to complete the checklist item, and estimated month the checklist item will be completed. • See www.parks.ca.gov/oep and use the Fillable Forms link. Checklist Item #9 - NON-PROFIT APPLICANT Requirements (only for NON- PROFIT APPLICANTS) Is the organization a Non-Profit* Yes No • Select one.       Packet Page. 253 End of Application Checklist Items #1 - 9 Submitting the application - Deadline December 14, 2023 • Please only click the BLUE SUBMIT BUTTON below if the application is ready to be submitted. • Responses to Grant Selection Criteria 1 - 8 (pages 17 - 28 in the Application Guide) must be complete prior to 5:00 p.m. on December 14, 2023. Revisions to the Grant Selection Criteria will not be accepted after 5:00 p.m. on December 14, 2023. • If you have any questions, applicants can contact their Competitive Review Project Officer.       Packet Page. 254 1 8 9 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:March 20, 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:Task Order No. 2 with Z&K Consultants, Inc. for Carousel Mall Demolition Professional Services (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-056, and: 1. Approve Task Order No. 2 with Z&K Consultants Inc. in the amount of $201,723.44 for construction management and inspection services for the Carousel Mall Demolition (Project), and; 2. Authorize the Director of Finance and Management Services to record a budget amendment from Measure S Fund balance to allocate CIP Street Sweeping Signage project surplus to fund the required purchase/task orders to complete the Carousel Mall Demolition (Project), and; 3. Authorize the City Manager or designee to execute all documents with Z&K Consultants Inc. to complete Task Order No. 2. Executive Summary: Approving Task Order No. 2 with Z&K Consultants Inc. (Z&K) would lead to the completion of the Carousel Mall Demolition project, improving the safety and health of the public. The task order would allow Z&K Consultants Inc. to provide additional construction management and inspection services necessary for the demolition of the mall. Task Order No. 2 will include Z&K’s professional services fee of $201,723.44 for construction management and inspection services through the end of March. Background Carousel Mall was constructed in the 1970s and primarily consisted of two-story structures, with some former anchor tenant stores such as Montgomery Ward and JCPenney standing three-stories tall, as well as some single-story structures located       Packet Page. 255 1 8 9 0 to the northwest of the main mall. The overall structural demolition of the Carousel Mall includes removal of the superstructure, and the grade beams, pile caps, and bridge structures that connect the mall to the parking garage to the northeast. Discussion This project has been extended by 3 months based on the change order requests and the unanticipated 3rd floor mezzanine and various challenges related to break- ins to the general construction area, and flooding during the rainy season. Based on the Contractor’s baseline schedule, the project was set to conclude on December 5, 2023. This budget increase includes staff hours to successfully complete the original project scope by the end of March. The cost to provide professional services and inspection costs during this 3-month extension is $201,723.44. The original contract amount for Z&K Consultants Inc. (Task Order No. 1) is $350,000.00. This task order, or Task Order No. 2, will bring the original contract amount (Task Order No. 1 & 2) to a new not-to-exceed amount of $551,723.44. The additional scope of work will include but is not limited to: •Project Extension: This project is anticipated to be extended by 4 months based on the change order requests and the claimed unanticipated 3rd floor mezzanine. Based on the Contractor’s baseline schedule, the project was set to conclude on December 5, 2023. The project will be extended to at least the end of March 2024. This budget increase will cover the additional out of scope items and the project until the end of March 2024. The project is anticipated to be completed by the end of March 2024. •Added environmental scope of work: Our subconsultant, Converse Consultants, was added to the same original budget as the Construction Management and Inspection contract without increasing our budget. The work from Converse was not budgeted for in our original budget. •Significant Unanticipated Challenges on this Project: This just has significant challenges. These have required numerous meetings, analysis, and significant additional inspection time to assure accurate claimed change order documentation. •Additional SWPPP Inspection: The city requested additional inspection such as SWPPP to make sure we address the issue of dust control and drainage. SWPPP inspection was not in our scope of work. •Project Management Effort: We assumed 45% effort for 9 months to include pre- construction and project close-out activities. The Senior Project Manager had to be more involved and expand the level of effort which exceeded the original budget allocated. The total fee for the project cost is $201,723.44. Measure S CIP surplus funds will be used to cover the additional work for the Carousel Mall out of the Street Sweeping Signage Project. The cost for these street sweeping signs will be paid by the contractor, which is a requirement for the contractor to cover the costs for the street sweeping signs according to their Franchise Agreement.       Packet Page. 256 1 8 9 0 2021-2025 Strategic Targets and Goals Authorizing the execution of this amendment aligns with Key Target No.1 Improved Operational & Financial Capacity by minimizing risk and litigation exposure. Approval of this item will allow staff to complete the demolition process, which reduces imminent risk and improves safety and health of the public. Fiscal Impact There is no General Fund impact associated with this action. Funding for this item is being provided through a transfer of $202,000 Measure S surplus funds from an existing CIP project. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-056, and: 1. Approve Task Order No. 2 with Z&K Consultants Inc. in the amount of $201,723.44 for construction management and inspection services for the Carousel Mall Demolition (Project); 2. Authorize the Agency Director of Finance and Management Services to record a budget amendment from Measure S Fund balance to allocate Street Sweeping Signage project surplus to fund the required purchase/task orders to complete the Carousel Mall Demolition (Project) and; 3. Authorize the City Manager or designee to execute all documents with Z&K Consultants Inc. to complete Task Order No. 2. Attachments Attachment 1 Resolution No. 2024-056 Attachment 2 Location Map Attachment 3 Task Order No. 2 with Z&K Consultants, Inc. Ward: Ward 1 Synopsis of Previous Council Actions: July 20, 2022 Mayor and City Council authorized staff to solicit Design/Build proposals for the demolition of the mall and approved a contract with Redwood Private Security for a 24/7 Patrol of the Carousel Mall Ground. December 7, 2022 Mayor and City Council approved the Design/Build contract with Resource Environmental Inc. for the Carousel Mall Demolition.       Packet Page. 257 Resolution No. 2024-056 Resolution 2024-056 March 20, 2024 Page 1 of 3 4 3 3 6 RESOLUTION NO. 2024-056 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING TASK ORDER NO. 2 WITH Z&K CONSULTANTS INC. IN THE AMOUNT OF $201,723.44 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE CAROUSEL MALL DEMOLITION (PROJECT), AND AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO RECORD A BUDGET AMENDMENT FROM MEASURE S FUND BALANCE TO ALLOCATE CIP STREET SWEEPING SIGNAGE PROJECT SURPLUS TO FUND THE REQUIRED PURCHASE ORDER/TASK ORDERS TO COMPLETE THE CAROUSEL MALL DEMOLITION PROJECT AND AUTHORIZING THE CITY MANAGER OR DESIGNEEE TO EXECUTE ALL DOCUMENTS WITH Z&K CONSULTANTS INC. TO COMPLETE TASK ORDER NO. 2 WHEREAS, on July 20, 2022, the Mayor and City Council authorized staff to solicit Design/Build proposals for the demolition of the Carousel Mall. WHEREAS, the City of San Bernardino approved the Task Order No. 1 with Z&K Consultants Inc. for management and inspection services in September of 2023. WHEREAS, Task Order No. 2 with Z&K Consultants Inc. for additional management and inspection services will be funded from project surplus Measure S funds from CIP Street Sweeping Signage in the amount of $202,000. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to approve Task Order No. 2 with Z&K Consultants Inc. in the amount of $201,723.44 for the Carousel Mall Demolition (Project). SECTION 3. The Director of Finance and Management Services is hereby authorized to record a budget amendment from the Measure S Fund balance to allocate CIP Street Sweeping Signage project surplus to fund the required purchase/task orders to complete the Carousel Mall Demolition (Project).       Packet Page. 258 Resolution No. 2024-056 Resolution 2024-056 March 20, 2024 Page 2 of 3 4 3 3 6 SECTION 4. The City Manager or designee is hereby authorized to execute all documents with Z&K Consultants Inc. to complete Task Order No. 2 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 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 20th day of March 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 259 Resolution No. 2024-056 Resolution 2024-056 March 20, 2024 Page 3 of 3 4 3 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. 2024-056, adopted at a regular meeting held on the 20th day of March 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. 260 Via e-mail February 22, 2024 Azzam Jabsheh, PE, TE, Acting City Engineer City of San Bernardino, Public Works 201 North D Street, San Bernardino, California 92401 Subject: Contract Task Order Number No. 2 for Project Management and Inspection Services for the Carousel Mall Demolition Project Dear Mr. Jabsheh, Z&K Consultants, Inc. is requesting Contract Task Order No. 2 for the Carousel Mall Demolition Project in the amount of $201,723.44. Our original fee proposal was in the amount of $349,880.00 and our Purchase Order is in the not-to-exceed amount of $350,000.00. This task order request in the amount of $201,723.44. If approved, the new contract amount would be $551,723.44. Below is a summary: Description Total Cost Total Contract Amount Original Cost Proposal $349,880.00 - Task Order No. 1 (Purchase Order) $350,000.00 $350,000.00 Task Order No. 2 $201,723.44 $551,723.44 Our original fee proposal in the amount of $349,880.00 was based on the Project Duration of 9 Months and the scope of services as outlined in the RFP. Project Completion Extension | This project was anticipated to be extended by 3 months based on the change order requests and the claimed unanticipated 3rd floor mezzanine. Based on the Contractor’s baseline schedule, the project was set to conclude on December 5, 2023. The project will be extended to the end of February. Kindly see the below not- to-exceed breakdown of hours and cost assuming that the project is extended 3 months. This budget increase will include staff hours to successfully complete the project through March 31, 2024. Additional Scope of Work | This added scope included additional efforts for the month of December, January, February and March. Our subconsultant, Converse, had a minimal budget to start. Upon discussions with the previous Public Works Director, it was understood that the budget would be amended due to the project duration extension, starting budget allotted to Converse not being sufficient, and the increased level of effort to monitor the claimed extra work. Kindly see the below not-to-exceed breakdown of hours and cost. Contract Task Order No. 2 Senior Project Manager Project Manager Construction Inspector Subconsultants Total Hourly Rate $140.00 $135.00 $135.00 - - Project Management 383 285 0 $92,095.00 Construction Inspection 0 0 658 $20,798.44 $109,628.44 Total Cost $53,620.00 $38,475.00 $88,830.00 $20,798.44 $201,723.44 Please feel free to reach out if you have any questions or need additional information. We look forward to the successful completion of the City’s project. Sincerely, Crystal Fraire, PE President | Z&K Consultants, Inc. cfraire@zandkconsultants.com | 951.310-7470       Packet Page. 261 Attach men t 2 Loc ation Map 800 ft N ➤➤ N       Packet Page. 262 1 9 0 5 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:March 20, 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:Resolution Approving Cooperative Agreement with Omnitrans for the “E” Street Median Project (Wards 1 & 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-057, and Authorize the City Manager or designee to execute the Cooperative Agreement with Omnitrans for the Design, Environmental Phase, and Construction of the “E” Street Median Project Executive Summary: The installation of a center median on “E” Street between 10th Street and Fairway Avenue will enhance roadway safety, as well mitigate the risks associated with crossover accidents, which have been escalating. Both the City and Omnitrans demonstrate the commitment to safeguard all users of the roadway while promoting the efficient and sustainable flow of traffic within the community. Background The “E” Street corridor is one of the major thoroughfares in San Bernardino, it was selected as a route for the sbX Bus Rapid Transit (BRT) system due to its high traffic volume and the need for efficient public transportation options. Bus lanes, which are lanes designated exclusively for buses, are a key component of the BRT systems like sbX. These lanes help buses bypass traffic congestion, allowing them to move more quickly and adhere to schedules more reliably. The sbX Line operates in a center-running dedicated transit lane along “E” Street between 10th Street and Hospitality Lane, and along Hospitality Lane between “E” Street and Tippecanoe Avenue. The City owns and maintains the street right-of-way, including dedicated bus lanes, pursuant to the Master Cooperative Agreement       Packet Page. 263 1 9 0 5 between Omnitrans and the City of San Bernardino for the “E” Street Corridor sbX Bus Rapid Transit Project, executed September 21, 2009. The City and Omnitrans have determined that a safety concern exists where vehicles make left turns out of business driveways across the dedicated bus lane. The temporary delineators installed by Omnitrans to stop vehicles from crossing the dedicated bus lane have not been effective because they are easily removed/destroyed and need frequent replacement. Since the beginning of the sbX line in 2014, the City has found the maintenance and replacement of the missing and destroyed delineators to be costly. In 2019, the city constructed a median on Hospitality Lane between “E” Street and Waterman Avenue, which resulted in significantly reduced bus and vehicle collisions, demonstrating the necessity of this median. Discussion The City and Omnitrans have decided to collaborate on addressing the escalating collisions involving buses and vehicles along the sbX line on “E” Street, spanning from 10th Street to Hospitality Lane. Under this agreement, we will jointly undertake the design, pursue environmental clearance (CEQA or NEPA in case of federal funding), and oversee construction for the project aimed at achieving the final development of Plans, Specifications, and Estimates (PS&E). The estimated total cost for the Project is $2,380,646, which includes design, environmental clearance, construction, construction management services, design services during bid phase and construction, and a 15% contingency The estimated total cost of the Project is described in greater detail in Exhibit “B”, attached hereto and incorporated herein by this reference. The City and Omnitrans agree to split the total Project Cost, and each Phase Cost, in half. Thus, Omnitrans agrees to reimburse no more than 50% of the expected total project cost, for a total not-to-exceed amount of $1,190,323 to be funded by Omnitrans under this Agreement through Federal funds. The following is a breakdown of the three phases of the project: The City and Omnitrans will proceed through each phase of the project subject to the availability of funds allocated for each phase. Collaboratively, they will actively pursue competitive grant opportunities at both the State and Federal levels to secure funding for the design and construction of the project. The goal of this action is to enter into 1.Design and Environmental Phase –cost is estimated to be $242,510. 2.Construction of Median on “Segment 1” -along “E” Street between 10th Street and Mill Street –cost is estimated to be $1,007,098. 3.Construction of Median on “Segment 2” -along “E” Street from Mill Street to Fairway Avenue –cost is estimated to be $1,131,038.       Packet Page. 264 1 9 0 5 the design phase for the project in order to aid in securing additional grant funds for the of the Construction Phase. 2021-2025 Strategic Targets and Goals This project is consistent with Goal No 4. Improve Quality of Life- Evaluate and enhance the quality of public safety services. The median on “E” Street along the proposed segment will enhance roadway safety for both the buses and the vehicles. . Fiscal Impact There is no General Fund impact associated with this action. The City will pursue competitive grant opportunities at both the State and Federal levels in order to secure funding for the design and construction of the project. . Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-057, and Authorize the City Manager or designee to execute the Cooperative Agreement with Omnitrans for the Design Phase, Environmental Phase, and Construction of the “E” Street Median Project Attachments Attachment 1 Resolution No. 2024-057 Attachment 2 Cooperative Agreement with Omnitrans Ward: Wards 1,3 Synopsis of Previous Council Actions: N/A       Packet Page. 265 Resolution No. 2024-057 Resolution 2024-057 March 20, 2024 Page 1 of 3 4 1 8 4 RESOLUTION NO. 2024-057 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE COOPERATIVE AGREEMENT WITH OMANITRANS FOR THE DESIGN PHASE, ENVITONMENTAL PHASE, AND CONSTRUCTION OF THE “E” STREET MEDIAN PROJECT WHEREAS, the City of San Bernardino intends to initiate phased improvements for design phase, environmental phase, and construction of the “E” Street median project; and WHEREAS, the parties wish to enter into this agreement to delineate roles, responsibilities relative to project management, Project Approval/Environmental Documents, Plan Specification and Estimates, Right of Way, and Construction of the project; and WHEREAS, the City and Omnitrans have determined that a safety concern exists where vehicles make left turns out of business driveways across the dedicated bus lane. WHEREAS, the improvements will consist of constructing a center median along “E Street between 10th Street and Fairway Avenue; and WHEREAS, the City and Omnitrans will proceed through each phase of the project subject to the availability of funds allocated to each phase contingent upon grant opportunities; and WHEREAS, the City will lead design, environmental clearance, and construction of the project; and WHEREAS, prior to the completion of the project, Omnitrans and the City will execute an Amendment to the 2009 Master Cooperative agreement to clarify that the City is responsible for ownership and maintenance of center median; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager or designee is hereby authorized to execute the Cooperative Agreement with Omnitrans for the Design Phase, Environmental Phase, and Construction of the “E” Street Median Project       Packet Page. 266 Resolution No. 2024-057 Resolution 2024-057 March 20, 2024 Page 2 of 3 4 1 8 4 SECTION 3.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of March 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 267 Resolution No. 2024-057 Resolution 2024-057 March 20, 2024 Page 3 of 3 4 1 8 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. 2024-057, adopted at a regular meeting held on the 20th day of March 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. 268 55600.00100\41952129.2 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OMNITRANS FOR THE “E” STREET MEDIAN PROJECT This Cooperative Agreement is made and entered into by and between the City of San Bernardino (“City”) and Omnitrans (“Omnitrans”). (City and Omnitrans are each a “Party” and are collectively referred to as the “Parties”). RECITALS 1. WHEREAS Omnitrans constructed and started revenue service on its first bus rapid transit line in 2014, the sbX Green Line, which operates along Kendall Drive, “E” Street, Hospitality Lane, and Tippecanoe Avenue in the City of San Bernardino and on Anderson Street in the City of Loma Linda. 2. WHEREAS the sbX Green Line operates in a center-running dedicated transit lane along “E” Street between 10th Street and Hospitality Lane, and along Hospitality Lane between “E” Street and Tippecanoe Avenue. 3. WHEREAS the City owns and maintains the street right-of-way, including dedicated bus lanes, pursuant to the Master Cooperative Agreement between Omnitrans and the City of San Bernardino for the “E” Street Corridor sbX Bus Rapid Transit Project, executed September 21, 2009. 4. WHEREAS the City and Omnitrans have determined that a safety concern exists where vehicles make left turns out of business driveways across the dedicated bus lane. 5. WHEREAS the temporary delineators installed by Omnitrans to stop vehicles from crossing the dedicated bus lane have not been effective because they are easily removed/destroyed and need frequent replacement. 6. WHEREAS the City has found maintenance and replacement of removed/destroyed delineators to be ineffective and cost prohibitive. 7. WHEREAS the City constructed a concrete median in 2019 along a portion of the corridor along Hospitality Lane between “E” Street and Waterman Avenue, which has resulted in nearly no bus collisions since the median was installed. 8. WHEREAS Omnitrans and the City desire to partner on a project to design and construct a concrete median along the remainder of the dedicated bus lane section of       Packet Page. 269 55600.00100\41952129.2 the sbX Green Line, between “E” Street between 10th Street and Hospitality Lane, hereby referred to as the “E” Street Median Project (“Project”). 9. WHEREAS Omnitrans and the City desire to first enter a Design Phase for the Project in order to aid in securing additional capital grant funds for the cost of the Construction Phase. Now, THEREFORE, the Parties agree to the following: ROLES AND RESPONSIBILITIES 1. The Parties agree that the above-referenced RECITALS are true and correct in all respects, shall constitute a substantive part of this Agreement, and are incorporated herein by reference. 2. The Project consists of design, environmental clearance, and construction of a concrete median in the center of “E” Street between 10th Street and Hospitality Lane, including any roadwork necessary to install the median, protect-in-place the existing surrounding roadway and utilities, and reconstruct any part of the roadway that needs to be removed in order to install the median. The Project is more particularly described in Exhibit “A”, attached hereto and incorporated herein by this reference. 3. City will lead design, environmental work, and construction for the Project, including preparing construction documents (plans, specifications, and estimate), filing all environmental clearance documents required under CEQA (and NEPA if project is federally funded), obtaining any needed permits for the work, advertising for bids, managing the construction contractor, providing bid services, design services during construction, and inspections, and accepting ownership and maintenance responsibilities of the Project once constructed. 4. Prior to the completion of construction of the Project, Omnitrans and the City will execute an Amendment to the 2009 Master Cooperative Agreement between Omnitrans and the City of San Bernardino for the “E” Street Corridor sbX Bus Rapid Transit Project, to clarify that the City is responsible for ownership and maintenance of the median (currently not specified in the Agreement because the median was not an original part of the “E” Street Corridor sbX Bus Rapid Transit Project). 5. City and Omnitrans will each designate a single project manager/point of contact for the Project and will promptly notify one another if the point of contact changes. 6. Omnitrans will provide input on project design, including providing comments in a timely manner on project plans and other project documents. 7. City will provide Omnitrans a reasonable timeframe to review design plans and other key project documents and will address and respond to Omnitrans’ comments. 8. City will lead Project status meetings at least once every two weeks (or appropriate intervals for each phase of the Project) to keep Omnitrans informed of Project status.       Packet Page. 270 55600.00100\41952129.2 9. City will keep Omnitrans informed as soon as possible of expected construction dates which may impact Omnitrans bus services. City will make all reasonable efforts to minimize impacts of the Project to Omnitrans bus service. 10.PROJECT COST SHARE a. The estimated total cost for the Project is $2,380,646, which includes design, environmental clearance, construction, construction management service, design services during bid phase and construction, and a 15% contingency The estimated total cost of the Project is more particularly described in Exhibit “B”, attached hereto and incorporated herein by this reference. b. The City and Omnitrans agree to split the total Project Cost, and each Phase Cost, in half. Thus, Omnitrans agrees to reimburse no more than 50% of the expected total project cost, for a total not-to-exceed amount of $1,190,323 to be funded by Omnitrans under this Agreement through Federal funds. c. In the event the actual cost of the Project exceeds the estimated Project Cost, City shall notify Omnitrans before authorizing additional work. City and Omnitrans staff will work cooperatively to amend this Cooperative Agreement to reflect the actual cost of the Project or reduce the Project’s scope to bring the actual cost within the estimated total cost as outlined in Section 10(a) of this Agreement. An Amendment to this Agreement will need to be approved by the respective governing bodies of the City and Omnitrans if additional funds will be added to this Agreement. d. The City shall not award any Contractor/Vendor contracts that commit more funding than is available for the Project; rather, the City and Omnitrans shall endeavor to agree upon an alternative course of action, such as re-advertising for bids or seeking additional funds for the Project. e. Omnitrans and the City will cooperate to seek additional capital funding sources, such as by partnering to apply for competitive grant sources, to cover construction costs for the project. f. If either Omnitrans or the City becomes the recipient of grant funding for the project as a result of both parties’ collaborative efforts to seek funding, the grant funding source will be considered a joint contribution of funding to the project; then the balance of the project cost will be split in half between the City and Omnitrans. g. If Omnitrans or the City requests additional work beyond the scope of the original Project as outlined in this Agreement, said work will be paid solely by the Party requesting the work at the construction contract unit costs. h. Omnitrans and the City desire to approach the project in the following three phases: 1) Design and Environmental Phase – cost is estimated to be $242,510.       Packet Page. 271 55600.00100\41952129.2 2) Construction of Median on “Segment 1” - along “E” Street between 10th Street and Mill Street – cost is estimated to be $1,007,098. 3) Construction of Median on “Segment 2” - along “E” Street from Mill Street to Fairway Avenue – cost is estimated to be $1,131,038. a. The Parties will enter each Project phase contingent on availability of funds for each phase. Omnitrans will issue a Notice to Proceed to the City for each phase to indicate availability of funds and readiness to proceed into each phase. b. Before the completion of each phase, the City will provide an Engineer’s Cost Estimate to Omnitrans for the next phase. Near the completion of each phase, Omnitrans and the City will meet to confer to decide whether to proceed with the next phase. 11.INVOICING AND REIMBURSEMENT a. Omnitrans will reimburse the City for its 50% share of project expenses, not to exceed the total not-to-exceed amount under this Agreement. The City may submit monthly requests for reimbursement (invoices). The invoices must include a breakdown of expenses with copies of contractor invoices as backup for expenses, and a high-level project progress update. The invoices must show the breakdown of Project costs between the City and Omnitrans per the agreed-upon cost share percentage. b. Requests for reimbursement must be submitted to AccountsPayable@omnitrans.org with a copy to the Omnitrans Project Manager (anna.jaiswal@omnitrans.org). c. Omnitrans must receive invoices by the 15th of each month in order to issue payment in the following month. d. Omnitrans will notify the City within 5 business days if the request for disbursement is incomplete or needs to be corrected. 12.TERM a. This Agreement shall continue in full force and effect until completion of construction, acceptance, closeout, invoicing, and payment for the Project. An estimated schedule for the Project is attached hereto as Exhibit “C”, and incorporated herein by this reference. b. Parties agree to keep relevant records for the project as long as required to comply with all relevant grant funding requirements or laws. 13.RECORD RETENTION. City shall maintain all records, including but not limited to accounting records pertaining to all costs incurred under the Project, and shall make       Packet Page. 272 55600.00100\41952129.2 all such materials available to Omnitrans as may be required for auditing or reporting for grant funds used for the project or to comply with public records requests. 14.TERMINATION. Either Party may terminate this Agreement for breach of Agreement terms, with written notice to the other Party, if the breaching Party does not take sufficient steps to remedy the claimed breach within ten (10) business days. In the event of termination of this Agreement prior to completion of the Project, Omnitrans will reimburse all Disbursement Requests from City for expenses incurred by City under the Project prior to termination that comply with all requirements of the Grant Agreement and this Agreement. 15.SUSPENSION. If for any reason, the grant funds that Omnitrans has committed to the Project are lost or suspended, Omnitrans shall immediately notify City electronically in writing. City shall immediately suspend work under the Project. 16.FORCE MAJEURE. An "Uncontrollable Force" (Force Majeure) is any occurrence beyond the control of a Party which causes that Party to be unable to perform its obligations hereunder and which a Party has been unable to overcome by the exercise of due diligence, including but not limited to, flood, drought, earthquake, storm, fire, pestilence, lightning and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, strike, labor dispute, action or inaction of legislative bodies, judicial bodies, or regulatory agencies, or other proper authority, excepting the governing body of the Party asserting the Uncontrollable Force, which may conflict with the terms of this Agreement. a. Neither Party shall be in default in the performance of any of the clauses contained in this Agreement when and to the extent failure of performance is caused by an Uncontrollable Force. b. If either Party because of an Uncontrollable Force is rendered wholly or partly unable to perform its obligations under this Agreement, the Party shall be excused from whatever performance is affected by the Uncontrollable Force to the extent so affected provided that: (i) the nonperforming Party within one week after the occurrence of the Uncontrollable Force, gives the other Party written notice describing the particulars of the occurrence; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Uncontrollable Force; (iii) the nonperforming Party uses its best efforts to remedy its inability to perform (this subsection shall not require the settlement of any strike, walkout, lockout, other labor disputes or any other dispute on terms which, in the sole judgment of the Party involved in the dispute, are contrary to its interest, it being understood and agreed that the settlement of any disputes shall be at the sole discretion of the Party having the difficulty); and (iv) when the nonperforming Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.       Packet Page. 273 55600.00100\41952129.2 c. If either Party's ability to perform cannot be corrected when the Uncontrollable Force is caused by the actions or inactions of legislative bodies, judicial bodies, or regulatory agencies or other property authority, the Parties agree to meet in good faith to determine if this Agreement may be amended to comply with the legal or regulatory change which caused the nonperformance if the Parties. d. In no event shall any Uncontrollable Force excuse the obligation to issue Disbursements to City as soon as Omnitrans is reasonably able to do so. 17.DISPUTE RESOLUTION. Any dispute between the parties shall be resolved as follows: a. The Parties shall meet and confer in good faith to resolve the dispute. b. If unresolved, the dispute shall be referred to the City Manager and Omnitrans’ CEO/General Manager, who shall meet and confer in good faith to resolve the dispute. In the event the dispute is still not resolved the dispute shall be referred to the governing bodies of the City and Omnitrans, who shall arrange to meet and confer (to the extent permitted by the Ralph M. Brown Act) through committees, representatives, or delegates to resolve the dispute. The decisions of the governing bodies shall be final. The City and Omnitrans reserve all rights, following completion of the above-described process, to seek appropriate relief or remedy. 18.In the event of litigation arising from this Agreement, each Party to this Agreement shall bear its own costs, including attorney(s) fees. 19.MUTUAL INDEMNIFICATION. No Party nor any officer, director, employee, or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by any other Party under this Agreement. It is understood and agreed that each Party shall fully defend, indemnify, and save harmless each other Party, its officers, directors, members, employees, contractors or agents from all claims, liabilities, suits or actions of every name, kind, and description brought for or on account of any injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the indemnifying Party under or in connection with any work, authority, action or inaction undertaken under this Agreement by the indemnifying party. 20.Omnitrans and City are wholly or partially self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers’ Compensation and warrant that through their programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising from the Parties’ performance under this Agreement. 21.All signatories hereto warrant that they are duly authorized to execute this Agreement on behalf of their respective Parties and that by so executing this Agreement, the Parties hereto are formally bound to this Agreement.       Packet Page. 274 55600.00100\41952129.2 22.This Agreement shall be governed and construed in accordance with all applicable federal, state, and local laws. 23.If any clause or provision of this Agreement is illegal, invalid, or unenforceable under applicable present or future laws, then it is the intention of the Parties that the remainder of this Agreement shall not be affected but shall remain in full force and effect. 24.This Agreement can be amended only with a written amendment duly authorized and executed by both Parties. 25.This Agreement may be signed in counterparts, each of which shall constitute an original. 26.NO THIRD-PARTY BENEFICIARIES. There are no third-party beneficiaries to this Agreement. Other than the Parties, no person, political subdivision, agency, board, department, division, or commission shall be entitled to bring an administrative or judicial proceeding to enforce or interpret its terms. 27.NOTICES. Any notice required or authorized to be given hereunder or any other communications between the Parties provided for under the terms of this Agreement shall be in writing to the following: If to OMNITRANS: Erin Rogers, CEO/General Manager 1700 W. Fifth St., San Bernardino CA 92411 erin.rogers@omnitrans.org If to City of San Bernardino: Charles Montoya, City Manager 290 North D Street, San Bernardino, CA 92401 Montoya_Ch@sbcity.org If the above contact information changes, Parties will notify one another as soon as possible of said change and will provide the new contact information. (Signatures on following page) IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the day and year written above. OMNITRANS Signature _____________________________ Date __________________ Erin Rogers, CEO/General Manager       Packet Page. 275 55600.00100\41952129.2 CITY OF SAN BERNARDINO Signature _____________________________ Date __________________ Charles Montoya Signature _____________________________ Date __________________ City Attorney       Packet Page. 276 55600.00100\41952129.2 EXHIBIT A PROJECT DESCRIPTION AND SITE MAP Project Description The project will consist of design and construction of a concrete median along the remainder of the dedicated bus lane section of the sbX Green Line, between “E” Street between 10th Street and Hospitality Lane, hereby referred to as the “E” Street Median Project.       Packet Page. 277 55600.00100\41952129.2 Segment 1       Packet Page. 278 55600.00100\41952129.2 Segment 2       Packet Page. 279 55600.00100\41952129.2 EXHIBIT B PROJECT COST ESTIMATE Description Of Work Total Cost City Cost Omnitrans Cost Design and Environmental Segment 1 & 2 $242,510 $121,255 $121,255 Construction segment 1- 10th Street to Mill Street $1,007,098 $503,549 $503,549 Construction segment 2- Mill Street to Fairway Avenue $1,131,038 $565,519 $565,519 Total Project Cost $2,380,646 $1,190,323 $1,190,323       Packet Page. 280 55600.00100\41952129.2 EXHIBIT “C” Design And Construction Schedule Grant Opportunity 2024/2025 Design and Environmental Phase 2025/2026 Construction Segment 1 2026/2027 Construction Segment 2 2027/2028       Packet Page. 281 1 9 1 3 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:March 20, 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:Accept the Energy Efficiency and Conservation Block Grant (EECBG) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernadino, California, adopt Resolution No. 2024-058, and: 1. Authorize the Director of Finance & Management Services to amend and appropriate the $249,590 Energy Efficiency and Conservation Block Grant (EECBG) in both revenues and expenditures for the fiscal year 2023-2024 operating budget; and 2. Authorize the Director of Finance & Management Services to amend the Fiscal Year 2023 – 2027 Capital Improvement Program to add the Energy Efficiency Conservation Block Grant (EECBG) Project; and 3. Authorize the City Manager, or designee, to execute a grant agreement and any subsequent amendment with the U.S. Department of Energy in the amount of $249,590 for the Energy Efficiency and Conservation Block Grant. Executive Summary The Energy Efficiency and Conservation Block Grant (EECBG) will support the implementation of energy-efficient technologies and infrastructure upgrades to mitigate climate change impacts and improve the quality of life in the City and the region. The implementation will result in reductions in energy consumption, greenhouse gas emissions and lowering utility costs for the City.       Packet Page. 282 1 9 1 3 Background The Energy Efficiency and Conservation Block Grant (EECBG) program is a significant initiative aimed at promoting energy efficiency and sustainability across communities in the United States. Established as part of the Energy Independence and Security Act of 2007, the EECBG provides financial assistance to local governments, tribal governments, and states to support a wide range of energy efficiency projects and initiatives. These projects include but are not limited to energy- efficient lighting upgrades, building retrofits, renewable energy installations, and transportation enhancements. The EECBG grant not only fosters economic growth and job creation but also contributes to reducing greenhouse gas emissions and mitigating the impacts of climate change at the local level. Local governments must submit a proposed Energy Efficiency and Conservation Strategy (EECS) to the Department of Energy (DOE) to meet the statutory requirements for the Energy Efficiency and Conservation Block Grant (EECBG) Program. Discussion On November 28, 2023, the EECBG application was submitted and sent to the U.S. Department of Energy (DOE). In December of 2023, the City was officially notified by the DOE that the application had been approved and the City would receive 100% Federal funding in the amount of $249,590. The goal of the EECBG grant is to retrofit 1200+ ornamental light fixtures to solar LED ornamental fixtures in the City. Solar-based technology costs fluctuate depending on material commodity costs of batteries and solar panel parts. Multiple funding cycles will be applied to in order to achieve the retrofitting to 1200 ornamental light fixtures, which is approximately 125 per cycle. Staff will assess every location within the City where the ornamental light poles exist to determine suitability for retrofitting new solar fixtures. This evaluation will consider factors such as vulnerability to theft of existing hardware and exposure to direct sunlight. The funding is provided to the City on a reimbursement basis and does not require that City to contribute match funding to the project. 2021-2025 Strategic Targets and Goals This project is consistent with Goal No. 3: Improve Quality of Life- Evaluate and enhance the quality of public safety services. Implementing the EECBG goal will reduce greenhouse gas emissions and mitigate the impacts of climate change at the local level. Fiscal Impact There is no General Fund Impact. The EECBG grant amount is $249,590.00. Revenues and expenditures will be appropriated in the FY 2023/2024 operating budget in the amount of $249,590. This project does not require the City contribute match funding to the project.       Packet Page. 283 1 9 1 3 Conclusion It is recommended that the Mayor and City Council of the City of San Bernadino, California, adopt Resolution No. 2024-058, and: 1. Authorize the Director of Finance & Management Services to amend and appropriate the $249,590 Energy Efficiency and Conservation Block Grant (EECBG) in both revenues and expenditures for the fiscal year 2023-2024 operating budget; and 2. Authorize the Director of Finance & Management Services to amend the Fiscal Year 2023 -2027 Capital Improvement Program to add the Energy Efficiency and Conservation Block Grant (EECBG) Project; and 3. Authorize the City Manager, or designee, to execute a grant agreement and any subsequent amendment with the U.S. Department of Energy in the amount of $249,590 for the Energy Efficiency and Conservation Block Grant (EECBG) Project. Attachments Attachment 1 Resolution No. 2024-058 Attachment 2 Special Terms and Conditions Attachment 3 EECBG Application Ward: All Wards Synopsis of Previous Council Actions: (None) Click or tap here to enter text.       Packet Page. 284 Resolution 2024-058 March 20, 2024 Page 1 of 3 RESOLUTION NO. 2024-058 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE & MANAGEMENT SERVICES TO AMEND AND APPROPRIATE THE $249,590 ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) IN BOTH REVENUES AND EXPENDITURES FOR THE FISCAL YEAR 2023-2024 OPERATING BUDGET; AND AUTHORIZING THE DIRECTOR OF FINANCE & MANAGEMENT SERVICES TO AMEND THE FISCAL YEAR 2023 – 2027 CAPITAL IMPROVEMENT PROGRAM TO ADD THE ENERGY EFFICIENCY CONSERVATION BLOCK GRANT (EECBG) PROJECT; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A GRANT AGREEMENT AND ANY SUBSEQUENT AMENDMENT WITH THE U.S. DEPARTMENT OF ENERGY FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROJECT. WHEREAS, The Energy Efficiency and Conservation Block Grant (EECBG) program is a significant initiative aimed at promoting energy efficiency and sustainability across communities in the United States. Established as part of the Energy Independence and Security Act of 2007; and WHEREAS, the City submitted a EECBG funding application on November 28, 2023, to Department of Energy (DOE) and was awarded $249,590 in reimbursable grant funding for the project; and WHEREAS, Department of Energy (DOE) that the City Council designate a signatory authority to execute project agreements and certifications for the project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council hereby authorize the City Manager, or his designee, to execute a grant agreement and any subsequent amendment with the U.S. Department of Energy in the amount of $249,590 for the Energy Efficiency and Conservation Block Grant. SECTION 2. The Director of Finance and Management Service is hereby authorized to amend and appropriate the $249,590 Energy Efficiency and Conservation Block Grant (EECBG) in both revenue and expenditures for the fiscal year 2023 – 2024 operating budget.       Packet Page. 285 Resolution No. 2024-058 Resolution 2024-058 March 20, 2024 Page 2 of 3 4 2 0 6 SECTION 3. The Director of Finance and Management Services is hereby authorized to amend the Fiscal Year 2023 -2027 Capital Improvement Program to add the Energy Efficiency and Conservation Block Grant (EECBG) Project. SECTION 4.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 20th day of March 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Page. 286 Resolution No. 2024-058 Resolution 2024-058 March 20, 2024 Page 3 of 3 4 2 0 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. 2024-058, adopted at a regular meeting held on the 20th day of March 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. 287       Packet Page. 288       Packet Page. 289 1 9 1 5 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:March 20, 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:Award of Agreement for Construction of Pavement Rehabilitation at Twenty-One Locations (Project No. SS 22-005) (All Wards) 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 Matich Corporation in the amount of $7,988,612 for Pavement Rehabilitation at Twenty-One Locations (Project); and 2. Authorize the project construction, construction contingencies, and construction management costs in the total amount of $8,787,473.20 for construction of the Project; and 3. Authorize the City Manager or designee to execute all documents with Matich Corporation; 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 of the Pavement Rehabilitation at Twenty- One Locations would allow for the construction of street improvements throughout the City. The Agreement would allow the City to issue Matich Corporation a Notice to Proceed, initiating the process to construct the street improvements. The agreement will include Matich Corporation’s base bid of $7,988,612. Additional funds are recommended for construction contingencies and construction management costs for a total of $798,861.20. The total cost of construction, construction management, and construction contingencies is $8,787,473.20.       Packet Page. 290 1 9 1 5 Background The City of San Bernardino is responsible for maintaining streets citywide. On November 24, 2021, a Pavement Management Analysis (PMA) was completed to rate the condition of all public streets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (RSL). Following the PMA, a list of twenty-one street locations was prepared as part of a citywide pavement rehabilitation project. The project includes the following locations: •13th Street from Waterman Avenue to Sierra Way (Ward 2) •16th Street from Sierra Way to Mt. View Avenue (Ward 2) •27th Street from Davidson Avenue to Little Mountain Drive. (Ward 2) •2nd Street from Lena Road to Tippecanoe Avenue (Ward 1) •33rd Street from E Street to H Street (Ward 7) •35th Street from Mountain View Avenue to Belle Street. (Ward 2) •43rd Street from Sepulveda Avenue to East End (Ward 4) •6th Street from Meridian Avenue to Pepper Avenue (Ward 6) •Alameda Street from Rialto Avenue to Newport Avenue (Ward 1) •Belleview Street from Mt. Vernon Avenue to K Street (Ward 3) •Business Center Drive from Hospitality Lane to Commerce Center (Ward 3) •Dallas Avenue from Spruce Street to Etiwanda Avenue (Ward 6) •Guthrie Street from Pacific Street to Sunrise Lane (Ward 2) •H Street from Highland Avenue to 27th Street (Ward 7) •Oak Street from Arrowhead Avenue to E Street (Ward 3) •Oak Street from K Street to Eureka Avenue (Ward 3) •Ohio Avenue from Palm Avenue to Olive Avenue (Ward 5) •Sonora Drive from Ralston Avenue to Palmyra Drive (Ward 7) •Tamarisk Avenue from Atchison Street to South End (Ward 3) •Temple Street from Medical Center Drive to End (Ward 6) •Vanderbilt Way from Waterman Avenue to Carnegie Drive (Ward 3) The project was first advertised for public bidding on December 12 and 13, 2022. Three sealed bids were received and opened on January 12, 2023. The lowest apparent bidder submitted a bid of $14,272,200. The lowest bid was significantly above the budget allocated for the citywide pavement rehabilitation for 21 locations. Staff recommended that the City reject all bids submitted for the subject project at that time. On March 1, 2023, the Mayor and City Council adopted Resolution No. 2023-035 rejecting bids for construction of the Citywide Pavement Rehabilitation at 21 locations. On June 26, 2023 Mayor and City Council adopted Resolution No. 2023-097 authorizing the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan. This resolution provided an additional appropriation of $2,354,858.00 for the street rehabilitation project.       Packet Page. 291 1 9 1 5 Discussion The Project was readvertised for public bidding on January 24, 2024, on PlanetBids, the City Website, and in the San Bernardino Sun on February 2 and February 9, 2024. Three sealed bids were received, and opened on February 14, 2024, as follows: Bidder City Base Bid Matich Corporation San Bernardino, CA $7,988,612.00 All American Asphalt Corona, CA $8,629,145.88 Hardy & Harper, Inc. Lake Forest, CA $9,700,000.00 Staff has reviewed the bid package and determined that Matich Corporation of San Bernardino, California is the lowest responsible and responsive bidder with a total base bid amount of $7,988,612.00. In addition to these construction costs, staff anticipate the need for a construction contingency amount to provide for any unforeseen work, and construction management costs. The cost of these items is $798,861.20. The total cost of construction, construction management, and construction contingencies is $8,787,473.20. This project is being funded with Measure S in the amount of $6,080,243.55, Senate Bill 1 (SB1) Gas Tax in the amount of $410,813.36, Road Maintenance and Rehabilitation Program (RMRA) in the amount of $1,944,044.64 and Measure I in the amount of $542,774.75. The project balance in all four funds is $8,977,876.30. The amount needed to complete the project construction and contingencies is $8,787,473.20. This bid should be accepted since it is within the current budgeted amount. In the City of San Bernardino FY 2021-2022 Adopted Capital Improvement Plan CIP Budget and the Staff Report dated June 26, 2023, three street segments were named improperly. The streets listed above have been verified to be the correct project scope. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1 Improved Operational & Financial Capacity by developing and implementing an asset management strategy for City streets. Fiscal Impact There is no General Fund impact associated with this action. This project has been budgeted and accounted for in the FY 2023/24 CIP. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California:       Packet Page. 292 1 9 1 5 1. Approve the award of an Agreement with Matich Corporation in the amount of $7,988,612 for Pavement Rehabilitation at Twenty-One Locations (Project); and 2. Authorize the project construction, construction contingencies, and construction management costs in the total amount of $8,787,473.20 for construction of the Project; and 3. Authorize the City Manager or designee to execute all documents with Matich Corporation; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Agreement with Matich Corporation Attachment 2 Bid Tabulation Attachment 3 Bid Proposal Attachment 4 Location Maps Ward: All Wards Synopsis of Previous Council Actions: March 1, 2023 Mayor and City Council adopted Resolution No. 2023-035 rejecting bids for construction of the Citywide Pavement Rehabilitation at 21 locations. June 26, 2023 Mayor and City Council adopted Resolution No. 2023-097 authorizing the Agency Director of Finance to amend the FY 2023/24 Capital Improvement Plan       Packet Page. 293 00 52 13 – CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), No. SS 22-005 is made and entered into this 20th day of March, 2024 by and between the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Matich , sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: PAVEMENT REHABILITATION AT TWENTY-ONE LOCATIONS PROJECT NO. 13511 Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 180 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Million Nine Hundred Eighty-Eight Thousand Six Hundred and Twelve Dollars $7,988,612.00. Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the       Packet Page. 294 Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following WITH APPENDICES: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Reference Specifications Approved and fully executed Change Orders Permits Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.       Packet Page. 295 ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 9. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]       Packet Page. 296 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF SAN BERNARDINO By: Charles A. Montoya City Manager ATTEST: By: Genoveva Rocha, City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney Matich Corporation Inc. By: Its: Printed Name: By: Its: Printed Name: __149783__________________________________ Contractor’s License Number and Classification 1000004260__ ____________________________ DIR Registration Number (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT       Packet Page. 297 APPENDIX “A” NOTICE OF INVITING BIDS       Packet Page. 298 00 11 16 – NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 ("City") invites and will receive sealed Bids up to but not later than 3:00p.m. on Wednesday, February 14, 2024 at the Office of Public Works, located at 201 N ‘E’ Street, 2nd Floor, San Bernardino, California of the City of San Bernardino, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for PAVEMENT REHABILITATION AT TWENTY-ONE LOCATIONS PROJECT No. 13511 (the “Project”). At said time, Bids will be publicly opened and read aloud at the MPR located at 201 N ‘E’ Street, 2nd Floor, San Bernardino, California of the City of San Bernardino. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date. PAVEMENT REHABILITATION AT TWENTY-ONE LOCATIONS TO CONSIST OF MILL AND OVERLAY, STRIPING, CURB REPLACEMENT, ADA RAMP UPGRADES, AND TREE TRUNK REMOVAL. THIS IS A CAPITAL IMPROVEMENT PROJECT. Bids must be submitted on City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from PLANETBIDS portal, [https://pbsystem.planetbids.com/portal/39495/bo/bo-search]. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. It is the responsibility of each prospective Bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on [https://pbsystem.planetbids.com/portal/39495/bo/bo-search]. It is the responsibility of each prospective Bidder to check [https://pbsystem.planetbids.com/portal/39495/bo/bo-search] on a daily basis through the close of Bids for any applicable Addenda or updates. City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on [https://pbsystem.planetbids.com/portal/39495/bo/bo-search] may change without notice to prospective Bidders. The Contract Documents shall supersede any information posted or transmitted by [https://pbsystem.planetbids.com/portal/39495/bo/bo-search]. Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of San Bernardino, 290 North D Street, San Bernardino, CA 92401 as bid security. The bid security shall be provided as a guarantee that within ten (10) days after City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City. The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer. Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the Contract. Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/ In addition, a copy of the prevailing rate of per diem wages is available at City’s City Clerk or Secretary of the department issuing the contract and shall be made available to interested parties 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.       Packet Page. 299 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. No Bid will be accepted nor any Contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. 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. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid. Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the Contract: Class “A” or C-“12” and “C-8” License. Substitution requests shall be made within 35 calendar days after the award of the Contract. Pursuant to Public Contract Code Section 3400(b), City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Contract Documents be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions. City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by City from the BASE BID ALONE. City reserves the right to reject any or all Bids or to waive any irregularities or informalities in any Bids or in the bidding process. For further information, contact [PLANET BIDS WEBSITE], at [https://pbsystem.planetbids.com/portal/39495/bo/bo-search]. END OF NOTICE INVITING BIDS       Packet Page. 300 APPENDIX “B” BID SCHEDULE       Packet Page. 301 BID SCHEDULE 1 PAVEMENT REHABILITATION AT TWENTY-ONE LOCATIONS - PROJECT NO. 13511 ITEM NO.ITEM DESCRIPTION UNIT OF MEASURE EST. QTY.UNIT PRICE ITEM COST 1.Mobilization/ Clearing and Grubbing LS 1 2.Traffic Control LS 1 3. Stormwater Pollution and Prevention Plan and NPDES Compliance LS 1 4. Construct PCC Curb & Gutter per City of San Bernardino Standard 200, Type B to match existing; Mill all curb cuts LF 343 5. Construct PCC Curb per City of San Bernardino Standard 200, Type A to match existing; Mill all curb cuts LF 25 6. Construct PCC Curb Access Ramp With 3' x 4' Cast-in-Place Truncated Dome Surface, Min 5’ Transition Panels, Curb & Gutter and AC Slot Patch EA 183 7. Construct PCC Curb Access Ramp over existing culvert with 3’ x 4’ Cast-in-Place Truncated Dome Surface, Min 5’ Transition Panels, Curb & Gutter and AC Slot Patch, Includes Rebuilding And/Or Replacing Deck Drain Lid, Manhole Ring, Cover Slim Ring & Cover. EA 8 8. Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts SF 418       Packet Page. 302 9. Construct PCC Spandrel and/or Cross Gutter per Standard 201 and per project plans and specifications SF 2100 10. Adjust Utility Manholes to Grade. Sewer, Storm Drain, Gas and Water Valves. Slip Cans shall be adjusted to finish grade at time of paving. Slip Can are considered part of the paving EA 140 11.Tree / Stump Removal EA 6 12. Cold Mill 3” Uniform depth – Full Street Width per project plans and specifications SF 474,965 13. Cold Mill 4” Uniform depth – Full Street Width per project plans and specifications SF 429,182 14. Cold Mill 5” Uniform depth – Full Street Width per project plans and specifications SF 99,229 15. AC Over 95% compacted native per project plans and specifications TN 35,142 16. Over Excavate Native Sub-Grade In Roadway Uniform Depth – Full Street Width per project plans and specifications CY 5253 17. Replace Existing Traffic Signal Loop Detector Complete In Place Per Caltrans Standard ES-5B, Project Plans and Specifications EA 24 18. Furnish and install Radarsign Round Aluminum 14’ pole or equal per project plans and specifications EA 4 19. Install 4” of Thermoplastic Traffic Striping, Signage, Pavement Messages, Pavement Markings, Continental Crosswalks And Glued Down RPM’s, Completed In Place Per Caltrans Standards A20A, A20B, A24E, City of Los Angeles LS 1       Packet Page. 303 Standard S-481.1 and Specifications 20. California MUTCD Figure 9B-3 W3-3 EA 4 21. California MUTCD Figure 9B-3 W3-1 EA 11 22. California MUTCD Figure 2C-6, W8-2 EA 5 23. California MUTCD Figure 2C-1 W13-1P, 15 MPH EA 5 24.California MUTCD R3-7R EA 1 25. California MUTCD Figure 2C-5 W14-1, 35 DEAD END EA 1 26.Paint Red A-Curb (Oak St.) LF 900 27. Furnish and Install 2”x2” Squared Galvanized Steel post w/ break away safety system. Per San Bernardino City standard 504. Include red signpost reflector panel for Stop Signs. EA 16 28. Blue Raised Pavement Markers per CalTrans 2023 Standard Plan A20A Type D EA 74 29 Furnish and install 2 Rectangular Rapid Flashing Beacon (RRFB) systems. EA 2 30.Project Construction Signs per Active Construction Location LS 2 BASE BID (BID ITEMS # 1-30) TOTAL $ TOTAL BID PRICE BASED ON BID SCHEDULE 1 $ Total Base Bid in Numbers Total Bid Price in Words:       Packet Page. 304 BID SCHEDULE 2 (TDA ARTICLE 3 GRANT) NO.ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE ITEM COST 1.Mobilization LS 1 2.Traffic Control - Furnish, install, and maintain all traffic control devices per California MUTCD.LS 1 3. Highland Ave @ Waterman Ave WB (stop ID 368) - Remove Sidewalk and Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts SF 420 4. Highland Ave @ Waterman Ave WB (stop ID 368) - Remove PCC Curb & Gutter and Construct PCC Curb & Gutter per City of San Bernardino Standard 200, Type B to match existing; Mill all curb cuts LF 60 5. Highland Ave @ Sierra Way WB (Stop ID 5721) - Remove Sidewalk and Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts SF 320 6. Highland Ave @ Sierra Way WB (Stop ID 5721) – Remove PCC Curb & Gutter and Construct PCC Curb & Gutter per City of San Bernardino Standard 200, Type B to match existing; Mill all curb cuts LF 40 7. Mill St. @ Mt Vernon Ave EB (Stop ID 6518) - Remove Sidewalk and Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts SF 480       Packet Page. 305 8. 9th St. @ Mt Vernon Ave EB (Stop ID 5735) - Remove Sidewalk and Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts SF 250 9. 9th St. @ Mt Vernon Ave EB (Stop ID 5735) – Remove PCC Curb & Gutter and Construct PCC Curb & Gutter per City of San Bernardino Standard 200, Type B to match existing; Mill all curb cuts LF 50 10. Highland Ave @ Mountain WB (Stop ID 5289) - Remove Sidewalk and Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts SF 440 11. Highland Ave @ Mountain WB (Stop ID 5289) – Remove PCC Curb & Gutter and Construct PCC Curb & Gutter per City of San Bernardino Standard 200, Type B to match existing; Mill all curb cuts LF 50 12. Sierra Way @ Highland Ave SB (Stop ID 61) - Remove Sidewalk and Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts SF 480 13. Kendall Dr @ H St WB (Stop ID 5549) - Remove Sidewalk and Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts SF 350 14. Kendall Dr @ H St WB (Stop ID 5549) – Remove PCC Curb & Gutter and Construct PCC Curb & Gutter per City of San Bernardino Standard 200, Type B to match existing; Mill all curb cuts LF 20 15. 3rd St @ Waterman Ave EB (Stop ID 7709) – Remove Sidewalk and Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts SF 240 16. 3rd St @ Waterman Ave EB Stop ID 7709 – Remove PCC Curb & Gutter and Construct PCC Curb & Gutter per City of San Bernardino Standard 200, Type B to match existing; Mill all curb cuts LF 60 17. 16th St @ California St EB (Stop ID 6454) - Remove Sidewalk and Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts SF 160       Packet Page. 306 18. 16th St @ California St EB (Stop ID 6454) – Remove PCC Curb & Gutter and Construct PCC Curb & Gutter per City of San Bernardino Standard 200, Type B to match existing; Mill all curb cuts LF 40 BASE BID SCHEDULE 2 TOTAL $ A-2 APPENDIX “C” CONTRACTOR SUBMITTALS TOTAL BID PRICE BASED ON BID SCHEDULE 2 $ Total Base Bid in Numbers Total Bid Price in Words:       Packet Page. 307       Packet Page. 308       Packet Page. 309       Packet Page. 310       Packet Page. 311       Packet Page. 312       Packet Page. 313       Packet Page. 314       Packet Page. 315       Packet Page. 316       Packet Page. 317       Packet Page. 318       Packet Page. 319       Packet Page. 320       Packet Page. 321       Packet Page. 322       Packet Page. 323       Packet Page. 324       Packet Page. 325       Packet Page. 326       Packet Page. 327       Packet Page. 328       Packet Page. 329       Packet Page. 330       Packet Page. 331       Packet Page. 332       Packet Page. 333       Packet Page. 334       Packet Page. 335       Packet Page. 336       Packet Page. 337       Packet Page. 338       Packet Page. 339       Packet Page. 340       Packet Page. 341       Packet Page. 342       Packet Page. 343       Packet Page. 344       Packet Page. 345       Packet Page. 346       Packet Page. 347       Packet Page. 348       Packet Page. 349       Packet Page. 350       Packet Page. 351       Packet Page. 352       Packet Page. 353       Packet Page. 354       Packet Page. 355       Packet Page. 356       Packet Page. 357       Packet Page. 358       Packet Page. 359       Packet Page. 360       Packet Page. 361       Packet Page. 362       Packet Page. 363       Packet Page. 364       Packet Page. 365       Packet Page. 366 BID TABULATION FOR TC22-008 TC22-009: GENEVIEVE AND RALSTON LIGHTING CIRCUIT BID OPENING: 08/31/23 @ 2:30PM FILE: PROJECT NO. TC22-008 & TC22-009: GENEVIEVE AND RALSTON LIGHTING CIRCUIT Item No.BID ITEM DESCRIPTION Estimated Quantity Unit BID SCHEDULE Unit Price Total Unit Price Total Unit Price Total SCHEDULE NO. 1 Pavement Rehabilitation at Twenty-One Locations 1.1 MOBILIZATION/CLEARING AND GRUBBING 1 LS 1,662,000.32$ 1,662,000.32$ 500,000.00$ 500,000.00$ 906,048.80$ 906,048.80$ 1.2 TRAFFIC CONTROL 1 LS 460,000.00$ 460,000.00$ 510,000.00$ 510,000.00$ 950,000.00$ 950,000.00$ 1.3 STORMWATER POLLUTION AND PREVENTION PLAN AND NPDES COMPLIANCE 1 LS 22,000.00$ 22,000.00$ 10,000.00$ 10,000.00$ 100,000.00$ 100,000.00$ 1.4 CONSTRUCT PCC CURB & GUTTER PER CITY OF SAN BERNARDINO STANDARD 200, TYPE B TO MATCH EXISTING; MILL ALL CURB CUTS 343 LF 81.00$ 27,783.00$ 82.00$ 28,126.00$ 130.00$ 44,590.00$ 1.5 CONSTRUCT PCC CURB PER CITY OF SAN BERNARDINO STANDARD 200, TYPE A TO MATCH EXISTING; MILL ALL CURB CUTS 25 LF 81.00$ 2,025.00$ 86.00$ 2,150.00$ 130.00$ 3,250.00$ 1.6 CONSTRUCT PCC CURB ACCESS RAMP WITH 3'X4' CAST-IN-PLACE TRUNCATED DOME SURFACE, MIN 5' TRANSITION PANELS, CURB & GUTTER AND AC SLOT PATCH 183 EA 6,700.00$ 1,226,100.00$ 7,700.00$ 1,409,100.00$ 13,000.00$ 2,379,000.00$ 1.7 CONSTRUCT PCC CURB ACCESS RAMP WITH 3'X4' CAST-IN-PLACE TRUNCATED DOME SURFACE, MIN 5' TRANSITION PANELS, CURB & GUTTER AND AC SLOT PATCH. INCLUDES REBUILDING AND/OR REPLACING DECK DRAIN LID, MANHOLE RING, COVER SLIM RING & COVER.8 EA 9,500.00$ 76,000.00$ 15,000.00$ 120,000.00$ 15,000.00$ 120,000.00$ 1.8 CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE COMPACTED TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS 418 SF 11.60$ 4,848.80$ 15.00$ 6,270.00$ 20.00$ 8,360.00$ 1.9 CONSTRUCT PCC SPANDREL AND/OR CROSS GUTTER PER STANDARD 201 AND PER PROJECT PLANS AND SPECIFICATIONS 2,100 SF 28.40$ 59,640.00$ 37.00$ 77,700.00$ 35.00$ 73,500.00$ 1.10 ADJUST UTILITY MANHOLES TO GRADE. SEWER, STORM DRAIN, GAS AND WATER VLAVES. SLIP CANS SHALL BE ADJUSTED TO FINISH GRADE AT TIME OF PAVING. SLIP CAN ARE CONSIDERED PART OF PAVING. 140 EA 1,420.00$ 198,800.00$ 1,440.00$ 201,600.00$ 1,300.00$ 182,000.00$ 1.11 TREE/STUMP REMOVAL 6 EA 7,400.00$ 44,400.00$ 7,200.00$ 43,200.00$ 7,000.00$ 42,000.00$ 1.12 COLD MILL 3" UNIFORM DEPTH - FULL STREET WIDTH PER PROJECT PLANS AND SPECIFICATIONS 474,965 SF 0.38$ 180,486.70$ 0.63$ 299,227.95$ 0.70$ 332,475.50$ 1.13 COLD MILL 4" UNIFORM DEPTH - FULL STREET WIDTH PER PROJECT PLANS AND SPECIFICATIONS 429,182 SF 0.48$ 206,007.36$ 0.83$ 356,221.06$ 0.90$ 386,263.80$ 1.14 COLD MILL 5" UNIFORM DEPTH - FULL STREET WIDTH PER PROJECT PLANS AND SPECIFICATIONS 99,229 SF 0.58$ 57,552.82$ 1.03$ 102,205.87$ 1.10$ 109,151.90$ 1.15 AC OVER 95% COMPACTED NATIVE PER PROJECT PLANS AND SPECIFICATIONS 35,142 TN 91.00$ 3,197,922.00$ 123.00$ 4,322,466.00$ 100.00$ 3,514,200.00$ 1.16 OVER EXCAVATE NATIVE SUB-GRADE IN ROADWAY UNIFORM DEPTH - FULL STREET WIDTH PER PROJECT PLANS AND SPECIFICATIONS 5,253 CY 53.00$ 278,409.00$ 75.00$ 393,975.00$ 40.00$ 210,120.00$ 1.17 REPLACE EXISTING TRAFFIC SIGNAL LOOP DETECTOR COMPLETE IN PLACE PER CALTRANS STANDARD ES-5B, PROJECT PLANS AND SPECIFICATIONS 24 EA 420.00$ 10,080.00$ 410.00$ 9,840.00$ 600.00$ 14,400.00$ 1.18 FURNISH AND INSTALL RADARSIGN ROUND ALUMINUM 14' POLE OR EQUAL PER PROJECT PLANS AND SPECIFICATIONS 4 EA 3,160.00$ 12,640.00$ 3,100.00$ 12,400.00$ 3,500.00$ 14,000.00$ LOW BIDDER MATICH CORPORATION 3RD LOW HARDY & HARPER, INC. 2ND LOW ALL AMERICAN ASPHALT       Packet Page. 367 BID TABULATION FOR TC22-008 TC22-009: GENEVIEVE AND RALSTON LIGHTING CIRCUIT Item No.BID ITEM DESCRIPTION Estimated Quantity Unit LOW BIDDER MATICH CORPORATION 3RD LOW HARDY & HARPER, INC. 2ND LOW ALL AMERICAN ASPHALT 1.19 INSTALL 4" OF THERMOPLASTIC TRAFFIC STRIPING, SINAGE, PAVEMENT MESSAGES, PAVEMENT MARKINGS, CONTINENTAL CROSSWALKS AND GLUED DOWN RPM'S, COMPLETED IN PLACE PER CALTRANS STANDARDS A20A, A20B, A24E, CITY OF LOAS ANGELES STANDARD S-481.1 AND SPECIFICATIONS. 1 LS 52,000.00$ 52,000.00$ 27,000.00$ 27,000.00$ 30,000.00$ 30,000.00$ 1.20 CALIFORNIA MUTCD FIGURE 9B-3 W3-3 4 EA 158.00$ 632.00$ 156.00$ 624.00$ 200.00$ 800.00$ 1.21 CALIFORNIA MUTCD FIGURE 9B-3 W3-1 11 EA 132.00$ 1,452.00$ 156.00$ 1,716.00$ 200.00$ 2,200.00$ 1.22 CALIFORNIA MUTCD FIGURE 2C-6, W8-2 5 EA 132.00$ 660.00$ 156.00$ 780.00$ 200.00$ 1,000.00$ 1.23 CALIFORNIA MUTCD FIGURE 2C-1, W13-1P, 15 MPH 5 EA 79.00$ 395.00$ 156.00$ 780.00$ 200.00$ 1,000.00$ 1.24 CALIFORNIA MUTCD R3-7R 1 EA 132.00$ 132.00$ 104.00$ 104.00$ 200.00$ 200.00$ 1.25 CALIFORNIA MUTCD FIGURE 2C-5, W14-1, 35 MPH, DEAD END 1 EA 132.00$ 132.00$ 156.00$ 156.00$ 200.00$ 200.00$ 1.26 PAINT RED A-CURB (OAK ST.)900 LF 2.63$ 2,367.00$ 3.00$ 2,700.00$ 3.00$ 2,700.00$ 1.27 FURNISH AND INSTALL 2"X2" SQUARED GALVANIZED STEEL POST W/BREAK AWAY SAFETY SYSTEM. PER SAN BERNARDINO CITY STANDARD 504. INCLUDE RED SIGNPOST REFLECTOR PANEL FOR STOP SIGNS. 16 EA 237.00$ 3,792.00$ 260.00$ 4,160.00$ 300.00$ 4,800.00$ 1.28 BLUE RAISED PAVEMENT MARKERS PER CALTRANS 2023 STANDARD PLAN A20A TYPE D 74 EA 10.50$ 777.00$ 6.00$ 444.00$ 10.00$ 740.00$ 1.29 FURNISH AND INSTALL 2 RECTANGULAR RAPID FLASHING BEACON (RRFB) SYSTEMS. 2 EA 23,000.00$ 46,000.00$ 23,000.00$ 46,000.00$ 25,000.00$ 50,000.00$ 1.30 PROJECT CONSTRUCTION SIGNS PER ACTIVE CONSTRUCTION LOCATION 2 LS 8,300.00$ 16,600.00$ 4,000.00$ 8,000.00$ 1,000.00$ 2,000.00$ -$ SCHEDULE NO. 2 TDA Article 3 Bus Stop Pads -$ 2.1 MOBILIZATION 1 LS 23,500.00$ 23,500.00$ 18,000.00$ 18,000.00$ 3,800.00$ 3,800.00$ 2.2 TRAFFIC CONTROL - FURNISH, INSTALL, AND MAINTAIN ALL TRAFFIC CONTROL DEVICES PER CALIFORNIA MUTCD. 1 LS 35,000.00$ 35,000.00$ 13,000.00$ 13,000.00$ 5,000.00$ 5,000.00$ 2.3 HIGHLAND AVE @ WATERMAN AVE WB (STOP ID 368) - REMOVE SIDEWALK AND CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS 420 SF 14.70$ 6,174.00$ 20.00$ 8,400.00$ 30.00$ 12,600.00$ 2.4 HIGHLAND AVE @ WATERMAN AVE WB (STOP ID 368) - REMOVE PCC CURB & GUTTER AND CONSTRUCT PCC CURB AND GUTTER PER CITY OF SAN BERNARDINO STANDARD 200, TYPE B TO MATCH EXISTING; MILL ALL CURB CUTS 60 LF 101.00$ 6,060.00$ 120.00$ 7,200.00$ 350.00$ 21,000.00$ 2.5 HIGHLAND AVE @ SIERRA WAY WB (STOP ID 5721) - REMOVE SIDEWALK AND CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS 320 SF 14.70$ 4,704.00$ 20.00$ 6,400.00$ 30.00$ 9,600.00$ 2.6 HIGHLAND AVE @ SIERRA WAY WB (STOP ID 5721) - REMOVE PCC CURB & GUTTER AND CONSTRUCT PCC CURB AND GUTTER PER CITY OF SAN BERNARDINO STANDARD 200, TYPE B TO MATCH EXISTING; MILL ALL CURB CUTS 40 LF 101.00$ 4,040.00$ 120.00$ 4,800.00$ 350.00$ 14,000.00$ 2.7 MILL ST. @ MT. VERNON AVE EB (STOP ID 6518) - REMOVE SIDEWALK AND CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS 480 SF 14.70$ 7,056.00$ 20.00$ 9,600.00$ 30.00$ 14,400.00$ 2.8 9TH ST. @ MT. VERNON AVE EB (STOP ID 5735) - REMOVE SIDEWALK AND CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS 250 SF 14.70$ 3,675.00$ 20.00$ 5,000.00$ 30.00$ 7,500.00$ 2.9 9TH ST. @ MT. VERNON AVE EB (STOP ID 5735) - REMOVE PCC CURB & GUTTER AND CONSTRUCT PCC CURB AND GUTTER PER CITY OF SAN BERNARDINO STANDARD 200, TYPE B TO MATCH EXISTING; MILL ALL CURB CUTS 50 LF 101.00$ 5,050.00$ 120.00$ 6,000.00$ 350.00$ 17,500.00$       Packet Page. 368 BID TABULATION FOR TC22-008 TC22-009: GENEVIEVE AND RALSTON LIGHTING CIRCUIT Item No.BID ITEM DESCRIPTION Estimated Quantity Unit LOW BIDDER MATICH CORPORATION 3RD LOW HARDY & HARPER, INC. 2ND LOW ALL AMERICAN ASPHALT 2.10 HIGHLAND AVE @ MOUNTAIN WB (STOP ID 5289) - REMOVE SIDEWALK AND CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS 440 SF 14.70$ 6,468.00$ 20.00$ 8,800.00$ 30.00$ 13,200.00$ 2.11 HIGHLAND AVE @ MOUNTAIN WB (STOP ID 5289) - REMOVE PCC CURB & GUTTER AND CONSTRUCT PCC CURB AND GUTTER PER CITY OF SAN BERNARDINO STANDARD 200, TYPE B TO MATCH EXISTING; MILL ALL CURB CUTS 50 LF 101.00$ 5,050.00$ 120.00$ 6,000.00$ 350.00$ 17,500.00$ 2.12 SIERRA WAY @ HIGHLAND AVE SB (STOP ID 61) - REMOVE SIDEWALK AND CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS 480 SF 14.70$ 7,056.00$ 20.00$ 9,600.00$ 30.00$ 14,400.00$ 2.13 KENDALL DR @ H ST. WB (STOP ID 5549) - REMOVE SIDEWALK AND CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS 350 SF 14.70$ 5,145.00$ 20.00$ 7,000.00$ 30.00$ 10,500.00$ 2.14 KENDALL DR @ H ST. WB (STOP ID 5549) - REMOVE PCC CURB & GUTTER AND CONSTRUCT PCC CURB AND GUTTER PER CITY OF SAN BERNARDINO STANDARD 200, TYPE B TO MATCH EXISTING; MILL ALL CURB CUTS 20 LF 101.00$ 2,020.00$ 120.00$ 2,400.00$ 350.00$ 7,000.00$ 2.15 3RD ST. @ WATERMAN AVE EB (STOP ID 7709) - REMOVE SIDEWALK AND CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS 240 SF 14.70$ 3,528.00$ 20.00$ 4,800.00$ 30.00$ 7,200.00$ 2.16 3RD ST. @ WATERMAN AVE EB (STOP ID 7709) - REMOVE PCC CURB & GUTTER AND CONSTRUCT PCC CURB AND GUTTER PER CITY OF SAN BERNARDINO STANDARD 200, TYPE B TO MATCH EXISTING; MILL ALL CURB CUTS 60 LF 101.00$ 6,060.00$ 120.00$ 7,200.00$ 350.00$ 21,000.00$ 2.17 16TH ST. @ CALIFORNIA ST. EB (STOP ID 6454) - REMOVE SIDEWALK AND CONSTRUCT PCC SIDEWALK, BYPASS AND/OR TRANSITION PANEL OVER SUBGRADE TO 95% RELATIVE COMPACTION PER CITY OF SAN BERNARDINO STANDARD 202; MILL ALL CURB CUTS 160 SF 14.70$ 2,352.00$ 20.00$ 3,200.00$ 30.00$ 4,800.00$ 2.18 16TH ST. @ CALIFORNIA ST. EB (STOP ID 6454) - REMOVE PCC CURB & GUTTER AND CONSTRUCT PCC CURB AND GUTTER PER CITY OF SAN BERNARDINO STANDARD 200, TYPE B TO MATCH EXISTING; MILL ALL CURB CUTS 40 LF 101.00$ 4,040.00$ 120.00$ 4,800.00$ 350.00$ 14,000.00$ SCHEDULE NO. 2 TDA ARTICLE 3 BUS STOP PADS SUBTOTAL 136,978.00$ 132,200.00$ 215,000.00$ TOTAL BID SCHEDULE TOTAL BID SCHEDULE PRICE AS WRITTEN IN BID PACKAGE 7,988,612.00$ 8,629,145.88$ 9,700,000.00$ DUE TO DISCRPENCIES IN LINE ITEM TOTALS THE UNIT COST AND THE ESTIMATED QUANTITY VALUE WERE USED TO FIND NEW LINE ITEM TOTALS RESULTING IN A TOTAL BID SCHEDULE VALUE DIFFERING FROM THE VALUE SUBMITTED. (RED TEXT ARE MODIFIED NUMBERS) 8,629,145.88$ 7,988,612.00$ 9,700,000.00$       Packet Page. 369       Packet Page. 370       Packet Page. 371       Packet Page. 372       Packet Page. 373       Packet Page. 374       Packet Page. 375       Packet Page. 376       Packet Page. 377       Packet Page. 378       Packet Page. 379       Packet Page. 380       Packet Page. 381       Packet Page. 382       Packet Page. 383       Packet Page. 384       Packet Page. 385       Packet Page. 386       Packet Page. 387       Packet Page. 388       Packet Page. 389       Packet Page. 390       Packet Page. 391       Packet Page. 392       Packet Page. 393       Packet Page. 394       Packet Page. 395       Packet Page. 396       Packet Page. 397       Packet Page. 398       Packet Page. 399       Packet Page. 400       Packet Page. 401       Packet Page. 402       Packet Page. 403       Packet Page. 404       Packet Page. 405       Packet Page. 406       Packet Page. 407       Packet Page. 408       Packet Page. 409       Packet Page. 410       Packet Page. 411       Packet Page. 412       Packet Page. 413       Packet Page. 414       Packet Page. 415       Packet Page. 416       Packet Page. 417       Packet Page. 418       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 Belleview Street from Mt. Vernon Avenue to K Street 27th Street from Davidson Avenue to Little Mountain Drive Temple Street from Medical Center Drive to End       Packet Page. 431 Alameda Street from Rialto Avenue to Newport Avenue       Packet Page. 432 H Street from Highland Avenue to 27th Street Oak Street from K Street to Eureka Avenue       Packet Page. 433 Sonora Drive from Ralston Avenue to Palmyra Drive Guthrie Street from Pacific Avenue to Sunrise Lane 6th Street from Meridian Avenue to Pepper Avenue       Packet Page. 434 Oak Street from Arrowhead Avenue to E Street 16th Street from Sierra Way to Mt. View Avenue       Packet Page. 435 Business Center Drive from Hospitality Lane to Commerce Center       Packet Page. 436 35th Street from Mountain View Avenue to Belle Street Tamarisk Avenue from Atchison Street to South End 2nd Street from Lena Road to Tippecanoe Avenue 13th Street from Waterman Avenue to Sierra Way       Packet Page. 437 Vanderbilt Way from Waterman Avenue to Carnegie Drive 43rd Street from Sepulveda Avenue to End Ohio Avenue from Palm Avenue to Olive Avenue Dallas Avenue from Spruce Street to Etiwanda Avenue       Packet Page. 438 33rd Street from E Street to H Street Sun Valley and 48th Street (3 ADA ramps, Replacement of Crosswalks)       Packet Page. 439 W 35th Street and N E Street (2 ADA ramps and Crosswalk Replacement)       Packet Page. 440 1 8 8 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:March 20, 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:Amendment No. 1 to Agreement with RHA Landscape Architects – Planners Inc. for Seccombe Lake Park Revitalization Design Services (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 to the Agreement with RHA Landscape Architects – Planners Inc. in the amount of $26,000 for Seccombe Lake Park Revitalization (Project); and 2. Authorize project contingencies in the total amount of $27,000 for design of the Project; and 3. Authorize the City Manager or designee to execute all documents with RHA Landscape Architects – Planners Inc.; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 5. Renew the term of the agreement to September 21, 2024. 6. Authorize the City Manager to renew the term of the agreement for up to two additional one-year terms. Executive Summary: Amending the Agreement for Design Services for the Seccombe Lake Park Project would lead to the construction of park amenities, returning the park to a safe and attractive condition. The amendment would allow RHA Landscape Architects – Planners Inc. (RHA) to complete additional work necessary for the design of the       Packet Page. 441 1 8 8 7 park improvements. Amendment No. 1 will include RHA’s design services fee of $26,000. Additional funds are recommended for contingencies in the amount of $27,000. The total cost for the additional design services including contingencies is $53,000. Background The project will revitalize the Seccombe Lake Park with new amenities, and restoration of existing infrastructure. It will re-create a sense of place and become a gathering point for people living and working in the downtown area. It will be a place to hold events and gatherings. This park will help build a safer community, provide a place to play, walk, and exercise while enjoying the outdoors. Seccombe Lake Park is located in the center of the City and has been serving the surrounding community for many years. Due to neglect and vandalism, the Park has not felt welcoming to visitors. The Seccombe Lake Park will receive a new look and be recreated to meet the current recreational needs of the neighborhood and community. On September 21, 2022 Mayor and City Council approved design services agreement award for Seccombe Lake Park Revitalization Project. On July 19, 2023, the Mayor and City Council approved a concept plan that included a variety of park improvements. The improvements included, but are not limited to, playground equipment, lighting, ADA accessibility, exercise stations, gazebo renovations, parking lot rehabilitation, renovation of dirt/gras areas, and new restrooms. Discussion RHA is requesting authorization for additional work to complete electrical design services for the Seccombe Lake Park Project. During a site visit for the design of the park improvements, RHA noted that damage was done to the park electrical system. The damage identified during the site visit occurred after the design services agreement was awarded. As a result, additional electrical work needs to be completed to allow park operation. Since the electrical scope of work needed to be revised, City staff also discussed additional revisions to the electrical system, which have been included in the work plan. The fee for the additional electrical improvements is $26,000. Staff recommends the inclusion of an additional $27,000 for design services contingencies for other work that may result from unforeseen circumstances. The total cost of the additional electrical improvements and contingencies is $53,000. 2021-2025 Strategic Targets and Goals Authorizing the execution of this amendment aligns with Key Target No. 4: Economic Growth & Development. The additional amenities to Seccombe Lake Park will improve       Packet Page. 442 1 8 8 7 community participation for recreational activities and provide a safe and well- maintained community park. Fiscal Impact There is no General Fund impact associated with this action. Funding for this project has been secured through the American Rescue Plan (ARP) Grant funding with a remaining balance of $8,876,371. and the San Manuel Band of Mission Indians with a remaining balance of $780,594. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve Amendment No. 1 to the Agreement with RHA Landscape Architects – Planners Inc. in the amount of $26,000 for Seccombe Lake Park Revitalization (Project); and 2. Authorize the project contingencies in the total amount of $27,000 for design of the Project; and 3. Authorize the City Manager or designee to execute all documents with RHA Landscape Architects – Planners Inc.; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 5. Renew the term of the agreement to September 21, 2024. 6. Authorize the City Manager to renew the term of the agreement for up to two additional one-year terms. Attachments Attachment 1 Amendment No 1. To Agreement with RHA Landscape Architects – Planners Inc. Attachment 2 Agreement with RHA Landscape Architects - Planners Inc. Attachment 3 Location Map Ward: Ward 1 Synopsis of Previous Council Actions: September 21, 2022 Mayor and City Council approved design services agreement award for Seccombe Lake Park Revitalization Project. July 19, 2023 Mayor and City Council approved the Concept Plan for the Seccombe Lake Park Revitalization Project.       Packet Page. 443 -1- AMENDMENT NO. 1 TO THE DESIGN SERVICES AGREEMENT WITH RHA LANDSCAPE ARICHITECTS - PLANNERS, INC. FOR THE SECCOMBE LAKE PARK REVITILIZATION PROJECT This Amendment No. 1 to the Design Services Agreement is made and entered into as of March 20, 2024 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and RHA Landscape Architects - Planners, Inc., a California corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties." RECITALS A. WHEREAS, the City and the Consultant have entered into an agreement, dated, September 21, 2022, for the purpose of design services for the Seccombe Lake Park Revitalization Project (the "Original Agreement"). B. WHEREAS, the Parties now desire to amend the Original Agreement in to include additional services and to provide compensation for the additional services. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, as previously amended, the Parties mutually agree as follows: AGREEMENT 1.Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2.Services. The Scope of Services for the Original Agreement is hereby amended to include additional services as more particularly described in Exhibit “A-1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference. 3.Compensation. The total not to exceed compensation amount shall be increased by Fifty-Three Thousand Dollars ($53,000) increasing the total not to exceed compensation amount from Five Hundred Thirty-Seven Thousand Eight Hundred Fifty-Five Dollars ($537,855) to Five Hundred Ninety Thousand Eight Hundred Fifty-Five Dollars ($590,855). 4.Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full       Packet Page. 444 -2- force and effect and shall govern the actions of the Parties under this Amendment No. 4. 5. Electronic Transmission. A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE]       Packet Page. 445 -3- SIGNATURE PAGE TO AMENDMENT NO. 1 TO DESIGN SERVICES AGREEMENT WITH RHA LANDSCAPE ARCHITECTS – PLANNERS, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO CONSULTANT APPROVED BY: RHA LANDSCAPE ARCHITECTS PLANNERS, INC. Charles A. Montoya, City Manager Signature APPROVED AS TO FORM: Name Best Best & Krieger LLP City Attorney Title       Packet Page. 446 EXHIBIT A-1 SCOPE OF ADDITIONAL SERVICES [ATTACHED}       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       Packet Page. 496       Packet Page. 497       Packet Page. 498       Packet Page. 499       Packet Page. 500       Packet Page. 501       Packet Page. 502       Packet Page. 503       Packet Page. 504       Packet Page. 505       Packet Page. 506       Packet Page. 507       Packet Page. 508       Packet Page. 509       Packet Page. 510       Packet Page. 511       Packet Page. 512       Packet Page. 513       Packet Page. 514       Packet Page. 515       Packet Page. 516       Packet Page. 517       Packet Page. 518       Packet Page. 519       Packet Page. 520       Packet Page. 521       Packet Page. 522       Packet Page. 523       Packet Page. 524       Packet Page. 525       Packet Page. 526       Packet Page. 527       Packet Page. 528       Packet Page. 529 Attach men t 3 Sec c ombe Lake Park 600 ft N ➤➤ N       Packet Page. 530 CLOSED SESSION City of San Bernardino Request for Council Action Date:March 20, 2024 To:Honorable Mayor and City Council Members From:Sonia Carvalho, City Attorney Department:City Clerk Subject:CLOSED SESSION Recommendation: A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No. GHC0065668       Packet Page. 531