HomeMy WebLinkAbout08-07-2024 PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, AUGUST 7, 2024
3:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY 555 W 6TH STREET • 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 Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING 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
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Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L. Alexander
Mayor Helen Tran
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
3:00 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION P.13
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i.) City of San Bernardino, et al. v. Fox Property Holdings, LLC, et al., San Bernardino
Superior Court Case No. CIVSB2218532
ii.) Steve Carrigan v. City of San Bernardino and Kimberly Calvin, Superior Court of the
County of San Bernardino Case No. CIVSB 2419810
iii.) James Tyson, et al. v. City of San Bernardino, United States District Court Case No.
5:23cv01539TJH (KKx)
iv.) Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court
Case No. CIVDS2003802
v.) Aaron Ortega v. Cuauhtemoc Harvey, et al., San Bernardino Superior Court Case
No. CIVSB2306518
vi.) Maria Segura, Individually and as Successor in Interest to Nicholas Segura,
deceased et al. v. City of San Bernardino, United States District Court Case No.
5:22cv00277JGBSP and United States Court of Appeals for Ninth District Case No.
242445
vii.) Brian Lewis v. City of San Bernardino, Workers’ Compensation Case Nos.
ADJ14779163 and ADJ11677581
viii.) Marco Granado v. City of San Bernardino, Workers’ Compensation Case No.
ADJ15192206
ix.) Idilio Sanchez v. City of San Bernardino, Workers’ Compensation Case Nos.
ADJ17648923 and ADJ17646856
B)CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government
Code Section 54956.8
i.) Property: 300 North E Street (Parcel Map 688, Parcel 12 Book 25 Page
47 Parcel Map 688 Parcel No. 12 formally known as City PTN Blk
12 and PTN 3rd St VAC)
Mayor and City Council of the City of San Bernardino Page 3
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Sale
ii.) Property: 1750 S. Waterman Avenue (APN 0141412480000)
City Negotiator: City Manager or Designee
Negotiating Parties: Jay Ashree Krishna, Inc.
Under Negotiations: Price and Terms of Sale
5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PUBLIC HEARING
1.Proposed Fourth Substantial Amendment to Fiscal Years 20202021 Annual Action
Plan Associated with Community Development Block Grant Coronavirus Relief
Funds (All Wards) P.16
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Conduct a public hearing to obtain citizens’ comments on the proposed Fourth
Substantial Amendments to the Fiscal Year 20202021 Annual Action Plan for the
Community Development Block Grant Coronavirus Relief Funds; and
2. Approve the Substantial Amendment to Fiscal Year 20202021 Annual Action Plan for
the Community Development Block Grant; and
3.Approve the Technical Correction and Adopt Resolution number 2024180; and
authorize the Director of Finance to amend the Fiscal Year 2024/25 Operating
Budget with an appropriation of $316,992.70 to both revenues and expenditures in
accordance with the Fourth Substantial Amendment to the 20202021 Annual Action
Plan; and
4.Authorize the City Manager or designee to take any further actions and execute any
further agreements or documents as necessary to effectuate the submittal of the
Proposed Substantial Amendments to Fiscal Year 20202021 Annual Action Plan.
CITY MANAGER UPDATE
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Mayor and City Council of the City of San Bernardino Page 4
CONSENT CALENDAR
2.Regional Partnership Purchase of Modular Kennel Buildings for Animal Services (All
Wards) P.429
Recommendation:
Adopt Resolution No. 2024170 of the Mayor and City Council of the City of San Bernardino,
California:
1.Authorizing the City Manager to Execute a Goods Purchase Agreement with
Horizon Structures in the amount of $2,096,324.00 for the purchase of modular
kennel buildings for animal services, and
2.Authorizing the Director of Finance and Management Services to issue a
purchase order to Horizon Structures, in an amount not to exceed $2,096,324.00
3.Regional Partnership Modular Office Building Purchase for Animal Services (All
Wards) P.467
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution No. 2024151:
1.Authorizing the City Manager to Execute a Goods Purchase Agreement with
William Scotsman, Inc. in the amount of $406,492.00 for the purchase of a
modular building for Animal Services, and
2.Authorizing the Director of Finance and Management Services to issue a
purchase order to William Scotsman, Inc., in an amount not to exceed
$406,492.00.
4.Investment Portfolio Report for May 2024 (All Wards) P. 499
Recommendation:
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 May 2024.
5.Approval of Commercial and Payroll Disbursements (All Wards) P. 532
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
approve the commercial and payroll disbursements for June 2024.
6.Resolution to Approve the City Investment Policy for FY 2024/25 (All Wards) P.615
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024172, approving the current investment policy for FY 2024/25.
7.Review of Administrative Budget Transfers (All Wards)P.639
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
review and file all listed administrative budget transfers from Jan 1, 2024 through March 31,
2024.
8.PreApproval of Mayor and City Council Travel for FY 2024/25 (All Wards) P. 647
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
preapprove travel for elected officials for FY 2024/25 as outlined.
Mayor and City Council of the City of San Bernardino Page 5
9.Resolution appointing an Interim Assistant City Manager (U) and Approving
Employment Agreement (All Wards) P.668
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024171:
1.Appointing Frederick M. Lewis as Assistant City Manager (U) on an interim basis;
and
2. Approving the Employment Agreement.
10.Authorize the issuance of purchase orders for the ongoing maintenance and
support services for annual software and hardware usage fees with Atel
Communications, Solutions Simplified for DocuSign Software Services, Tyler
Technologies, Harris Computers, NPA Computers, Verizon, Frontier and 5year
subscription with Neogov (All Wards) P.680
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1.Authorize the City Manager to execute a Professional Services Agreement
with Atel Communications; and
2. Authorize the Interim Director of Finance to execute the ongoing purchase
orders for Annual Usage Fees, Software Maintenance, and Hardware
Maintenance with Atel Communications, Solutions Simplified for DocuSign,
Tyler Technologies, Harris Computers, NPA Computers, NeoGov 5year
subscription, Verizon and Frontier. The combined total should not exceed
$1,785,621.47 for fiscal year 2024/25.
11.20242025 Senior Companion Program (SCP) – 1st Year of a 3Year Grant Award; All
Wards P.713
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution No. 2024173:
1.Ratifying the submission of the application for year one of a threeyear grant
through the Corporation for National and Community Service’s Senior Companion
Program; and
2.Authorizing the City Manager to accept the grant award in the amount of
$335,162;and
3. Authorizing the City Manager or their designee to conduct all negotiations, signing
and submittals of necessary documents to receive grant awards; and
4.Authorizing the Director of Finance and Management Services to appropriate the
grant funds for the period of July 1, 2024 through June 30, 2025; $355,162 in
revenue and expenses and $120,633 in General Fund grant match requirements,
for a total of $455,795.
Mayor and City Council of the City of San Bernardino Page 6
12.Execute Amendment No. 1 to the Redwood Private Security PSA (All Wards) P.754
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
authorize the following:
1.The City Manager to execute Amendment No. 1 to the professional services
agreement with Redwood Private Security, LP, expanding the scope of
services and increasing the not to exceed compensation by $515,188, for a
total nottoexceed amount of $2,427,264 annually, and subsequent
amendments.
2.The City Manager to adopt subsequent amendments within spending authority
that expand the scope of services for future City needs.
13.Executive Order 14074 Notification to Civilian Governing Body (All Wards) P. 806
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
review and approve the proposed “Notification to Civilian Governing Body and Local
Community” letter, as required by Presidential Executive Order 14074 governing the
potential acquisition of controlled federal government property.
14.Acceptance of Fiscal Year 2023 Emergency Management Performance Grant (All
Wards) P.811
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024174, authorizing:
1.The acceptance of the Fiscal Year 2023 Emergency Management Performance
Grant; and
2.The amendment of the Fiscal Year 2024/2025 Adopted Budget in both revenue
and expenditures by $28,864.
15.Amendment No. 1 to the Vendor Services Agreement with West Coast Lights and
Sirens Inc. P.820
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
authorize the City Manager to execute Amendment No. 1 to the vendor services agreement
with West Coast Lights and Sirens Inc., expanding the scope of services and extending the
term of the agreement.
Mayor and City Council of the City of San Bernardino Page 7
16.Award of Agreement for Construction of Speicher Park Ballfields Improvements
Project with Bilbro Construction Company, Inc., and approval of Task Order Number 001
for Construction Management and Inspection Services (Ward 2) P.860
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution 2024175:
1. Approving the award of an Agreement with Bilbro Construction Company, Inc. in
the amount of $2,915,258.44 for the Construction of the Speicher Park Ballfields
Improvements (Project); and
2.Approving Task Order Number 001 with TKE Engineering, Inc., in the amount of
$415,019 for construction management and inspection services for the project;
and
3.Authorizing the project construction contingencies, professional services
contingencies, and administrative costs in the amount of $744,981 for
construction of the Project; and
4.Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP Budget by $2,574,670.02 using the Cultural Development fund balance to
bring the current project budget to $4,075,258.44.
Authorizing the City Manager or designee to execute all documents with Bilbro
Construction Company Inc., and TKE Engineering Inc. necessary to carry out the
Project; and
5.Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
6.Finding the Project exempt from the California Environmental Quality Act (“CEQA”)
pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”).
17.Award of OnCall General Services Agreement and Approval of Task Order Number
001 for design of Drainage Improvements at 19th Street near Massachusetts Avenue
(Ward 6) P.1034
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution 2024176:
1.Approving Task Order Number 001 with Consultants Hernandez, Kroone &
Associates, Inc. in the amount of $64,930 for design of 19th Street near
Massachusetts Avenue Drainage Improvements. (Project); and
2.Authorizing the project design contingencies, project management, and
administrative costs in the total amount of $11,000 for design of the Project; and
3.Authorizing the Director of Finance and Management Services to amend the FY
2024/25 Capital Improvement Plan by reallocating $75,930 from the Storm Drain
Upgrade project to the 19th Street Drainage Improvements near Massachusetts Ave
project; and
4.Authorize the City Manager or designee to execute all documents necessary for
the Task Order with Hernandez, Kroone & Associates, Inc.; and
5.Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project
Mayor and City Council of the City of San Bernardino Page 8
18.Approval of OnCall Professional Services Agreement and approval of Task Order
Number 001 for Drainage Improvements at W Hill Drive near N Acacia Avenue
(Ward 4) P.1047
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
adopt Resolution 2024177:
1.Approving Task Order Number 001 with Rick Engineering Company, Inc,. in
the amount of $108,980.00 for design of W Hill Drive near Acacia Drainage
Improvements (Project); and
2.Authorizing design contingencies, project management, and administrative
costs in the amount of $17,000; and
3.Authorizing the Director of Finance and Management Services to amend the
FY 2024/25 Capital Improvement Plan by reallocating $125,980 from the
Storm Drain Upgrade project to the W Hill Drive near N Acacia Drainage
Improvements project; and
4.Authorizing the City Manager or designee to execute an all documents
necessary for the Task Order with Rick Engineering Company; and
5.Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
19.Award of Professional Services Agreement for Consulting Services for the
Administration of Special Districts, Assessment Districts, and Community Facility
Districts (All Wards) P.1069
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024179:
1.Approving the award of a Professional Services Agreement with Spicer
Consulting Group, LLC, for a threeyear term through July 31, 2027, with two (2)
twelve (12) month extension options, with the total Agreement amount not to
exceed $1,203,370, and authorize the City Manager to execute all documents to
effectuate the Agreement; and
2.Authorize the Director of Finance & Management Services to issue a purchase
order in the amount of $1,203,370.
DISCUSSION
20.HOME Investment Partnership Program Infill Housing Master Development
Agreement with Neighborhood Partnership Housing Services Community
Redevelopment, Inc. (Wards 2) P.1128
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1.Adopt Resolution 2024178, authorizing the execution of the HOME Investment
Partnership Program Infill Housing Development Master Agreement between the City
of San Bernardino and Neighborhood Partnership Housing Services Community
Redevelopment, Inc.; and
2.Approve the HOME Investment Partnership Program Infill Housing Development
Master Agreement between the City of San Bernardino and Neighborhood
Partnership Housing Services, Inc., which:
a.Is in the amount of $744,000.
b.Authorizes the transfer of ownership of 3 blighted parcels from the City of San
Bernadino to NPHS Community Redevelopment, Inc.
Mayor and City Council of the City of San Bernardino Page 9
3. Authorize the Director of Finance & Management Services to amend the Fiscal Year
20242025 Operating Budget by $744,000 using HOME Investment Partnership fund
balance; and
4.Authorize the City Manager, or designee, to take further actions and execute any
further documents as necessary to effectuate the agreements.
21.Small Business Grant Program, Round Two: Proposed Award Amount Increase (All
Wards) P.1251
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California
amend the Small Business Grant Program, Round Two, increasing the award amounts from
$5,000 & $10,000 to $10,000 & $20,000.
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
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 August 21, 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. and 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 August 7, 2024 Regular Meeting of the Mayor and City Council and the Mayor
and City Council acting as the Successor Agency to the Redevelopment Agency was posted on
the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the
Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the
City's website sbcity.org on Friday, August 2, 2024.
I declare under the penalty of perjury that the foregoing is true and correct.
Mayor and City Council of the City of San Bernardino Page 10
NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and
the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may
address the body during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21,
2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding
officer determines that the meeting or hearing may be lengthy or complicated, the presiding
officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card
and turn in the speaker reservation card to the City Clerk prior to the time designated on the
agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure
of a person to promptly respond when their time to speak is called shall result in the person
forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment
audibly state into the microphone, if one is present, his or her name and address before
beginning
comment. If that person is representing a group or organization the presiding officer may request
that the speaker identify that group or organization, including that group or organization' s
Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to
provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3)
minutes per meeting, to address items on the agenda and items not on the agenda
but within the subject matter jurisdiction of the Mayor and City Council.
5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of
the public desiring to provide public testimony at a public hearing shall have a
reasonable time, not to exceed ( 3) minutes, to provide testimony during each
public hearing.
Mayor and City Council of the City of San Bernardino Page 11
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
not on the agenda but which is within the subject matter jurisdiction of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment
Agency may address the body at the end of the meeting, during the period reserved for public
comments. Said total period for public comments shall not exceed 60 minutes, unless such time
limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each
member of the public, unless such time limit is extended by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to "share" his/her three minutes with any other member
of the public.
Speakers who wish to present documents to the governing body may hand the documents to the City
Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency may refer any item raised by the public to staff, or to any commission,
board, bureau, or committee for appropriate action or have the item placed on the next agenda of
the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency. However, no other action shall be taken nor discussion held by the
Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency on any item which does not appear on the agenda unless the action is
otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of
the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has been
conducted and closed.
Mayor and City Council of the City of San Bernardino Page 12
ALTERNATE MEETING VIEWING METHOD:
If there are any technical issues with the live stream or recording from the main agenda portal or if yourequire an option with Closed Captioning, you may view the meeting from the following location (TV3).
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1)Written comments can be emailed to publiccomments@sbcity.org. Written public comments
received up to 2:30 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. Written public
comments will not be read aloud by city staff. Written correspondence can be accessed by the
public online at tinyurl.com/agendabackup .
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: tinyurl.com/mccpubliccomments. Any requests to speak submitted
electronically after the 2:30 p.m. deadline will not be accepted.
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. Written
correspondence submitted after the deadline will be provided to the Mayor and City Council at the following
regular meeting.
MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on
February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At
9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can
be considered and acted upon prior to 10:00 P.M. and will continue all other items on which
additional time is required until a future Mayor and City Council meeting. A majority vote of the
Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.”
CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: August 7, 2024
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney;
Rochelle Clayton, Acting City Manager
Department: City Attorney
Subject: Closed Session
Recommendation:
A)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i.) City of San Bernardino, et al. v. Fox Property Holdings, LLC, et al., San
Bernardino Superior Court Case No. CIVSB2218532
ii.) Steve Carrigan v. City of San Bernardino and Kimberly Calvin, Superior Court
of the County of San Bernardino Case No. CIVSB 2419810
iii.) James Tyson, et al. v. City of San Bernardino, United States District Court Case
No. 5:23-cv-01539-TJH (KKx)
iv.) Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS2003802
v.) Aaron Ortega v. Cuauhtemoc Harvey, et al., San Bernardino Superior Court
Case No. CIVSB2306518
vi.) Maria Segura, Individually and as Successor in Interest to Nicholas Segura,
deceased et al. v. City of San Bernardino, United States District Court Case No.
5:22-cv-00277-JGB-SP and United States Court of Appeals for Ninth District Case
No. 24-2445
vii.) Brian Lewis v. City of San Bernardino, Workers’ Compensation Case Nos.
ADJ14779163 and ADJ11677581
viii.) Marco Granado v. City of San Bernardino, Workers’ Compensation Case No.
ADJ15192206
Packet Page 13
ix.) Idilio Sanchez v. City of San Bernardino, Workers’ Compensation Case Nos.
ADJ17648923 and ADJ17646856
B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8
i.) Property: 300 North E Street (Parcel Map 688, Parcel 12 Book 25
Page 47 Parcel Map 688 Parcel No. 12 formally known
as City PTN Blk 12 and PTN 3rd St VAC)
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Sale
ii.) Property: 1750 S. Waterman Avenue (APN 0141-412-48-0-000)
City Negotiator: City Manager or Designee
Negotiating Parties: Jay Ashree Krishna, Inc.
Under Negotiations: Price and Terms of Sale
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and
Housing Department
Department:Community Development and Housing
Subject:Proposed Fourth Substantial Amendment to Fiscal
Years 2020-2021 Annual Action Plan Associated with
Community Development Block Grant Coronavirus
Relief Funds (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a public hearing to obtain citizens’ comments on the proposed Fourth
Substantial Amendments to the Fiscal Year 2020-2021 Annual Action Plan for the
Community Development Block Grant Coronavirus Relief Funds; and
2. Approve the Substantial Amendment to Fiscal Year 2020-2021 Annual Action Plan
for the Community Development Block Grant; and
3. Approve the Technical Correction and Adopt Resolution number 2024-180; and
authorize the Director of Finance to amend the Fiscal Year 2024/25 Operating
Budget with an appropriation of $316,992.70 to both revenues and expenditures in
accordance with the Fourth Substantial Amendment to the 2020-2021 Annual
Action Plan; and
4. Authorize the City Manager or designee to take any further actions and execute
any further agreements or documents as necessary to effectuate the submittal of
the Proposed Substantial Amendments to Fiscal Year 2020-2021 Annual Action
Plan.
Executive Summary
City Staff is requesting that City Council approve the Proposed Fourth Substantial
Amendment to the FY 2020-2021 Annual Action Plan (AAP) for the Community
Development Block Grant Coronavirus Relief Funds (CDBG-CV) to reallocate
unexpended funds to CDBG-CV Planning and Administration as well as the Encanto
Community Center.
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Background
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act of 2020
(CARES Act) was signed into law. Under the CARES Act, the Department of Housing
and Urban Development (HUD) allocated $2,003,529 in Community Development
Block Grant-Coronavirus (CDBG-CV1) funds to the City of San Bernardino to fund
activities that prevent, prepare, and respond to the Coronavirus pandemic.
On April 19, 2020, the City allocated the CDBG-CV1 funds as followed:
Table 1
Project Activity Description Recommended Funding
2020-21 CDBG-CV Allocation $ 2,003,529
Administration @ 20% of
Allocation $ 400,706
Eviction Prevention Program
Provide housing stability
and assistance to renters
affected by the pandemic
$ 1,060,000
Subtotal: $ 1,060,000
Parks and Recreation Senior Nutrition Program
(two fiscal years) $ 150,000
Parks and Recreation
Modify public facilities to
prevent the spread of
COVID (outdoor shower
towers)
$ -
Parks and Recreation
Grab and Go arts &
crafts to respond to
COVID
$ 32,000
Parks and Recreation
Additional PPE cleaning
supplies for program staff
to prevent the spread of
COVID
$ 24,000
Subtotal: $ 206,000
Public Facilities (excluding
buildings for general
government purpose)
Modification to public
facilities including PPE
supplies (excluding
buildings used for
general government
purposes) to respond
and prevent COVID
$ 336,823
Subtotal: $ 336,823
GRAND TOTAL: $ 2,003,529
On September 11, 2020, HUD announced the City would receive a third round of funds
totaling $1,702,135 in CDBG-CV (CDBG-CV3) funds. CDBG CV1 and CV3 funds must
be used to prevent, prepare for, and/or respond to the Coronavirus (COVID-19)
pandemic.
On June 2, 2021, the City allocated CDBG-CV3 funds as followed:
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Table 2
Project Activity Description Recommended Funding
2021 CDBG-CV3 Allocation $ 1,702,135
Administration @ 20% of
Allocation
Administration of the CDBG
program such as planning and
research of eligible uses of
CDBG-CV funds
$ 340,427
Fifth Street Senior Center
Installation of shade structure to
support senior meal programs
outdoor in an open-air setting and
concrete pathway work
$ 175,000
Encanto Community Center -
Building Improvement
Lobby redesigned for social
distancing, touchless automatic
door entry, installation of various
touchless restroom
equipment/fixtures, showers,
partition walls and counters.
$ 371,700
Community Center/Libraries
Design and installation of
touchless automatic entry doors
are the following locations:
1. 5th Street Senior Center
2. Perris Hill Senior Center
3. Feldheym Central Library (F
Street Door)
4. Howard M. Rowe Branch
Library
5. Lytle Creek Community Center
6. Villaseñor Branch Library
$ 815,008
GRAND TOTAL: $ 1,702,135
It is important to understand the difference between CDBG and CDBG-CV funds.
Both are provided by HUD, but they serve different purposes.
CDBG funds are given out annually to improve communities by offering public
services and fixing infrastructure, such as parks, community and/or senior centers,
and rehabilitation of streets in low-to-moderate income (LMI) areas.
On the other hand, CDBG-CV funds were specifically provided by HUD to help
communities deal with the challenges caused by the COVID-19 pandemic. These
funds were used for things like providing food, helping people who lost their jobs,
creating social distancing measures in public facilities to reduce the spread of the
virus, and supporting various programs to help residents stay safe. This amendment
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aims to reallocate funds to the CDBG-CV funds received from HUD and has no impact
on our annual CDBG allocation.
For Activity 3 - Community Center/Libraries, the funds were allocated to each
Community Center/Library based on an assessment of need completed by the City’s
Public Works Department. The City’s Public Works Department were able to use
unallocated CDBG funds for the rehabilitation of the Community Centers/Libraries if
needed.
The expenditure deadline for the CDBG-CV funds is October 22, 2026. Any
reallocation or adjustment of funds that was not in the original approved proposal, will
require a Substantial Amendment to the FY 2020-2021 Annual Action Plan.
Discussion
This Fourth Substantial Amendment for the FY 2020-2021 AAP aims to reallocate
funds towards Planning and Administration and to the Encanto Community Center
Project.
Due to increased activity in the Housing Division, a significant amount of funding is
being utilized for consultant work. Currently, the City is contracted with consultant,
Michael Baker International (MBI) who is performing HUD-required labor compliance,
environmental reviews, and reporting for multiple CDBG-CV projects. Also, the
Housing Division has experienced a recent increase in new staff and MBI is providing
the level of training required to meet HUD’s standards. The goal is to have staff
eventually perform required task without assistance from a consultant. Training is
intensive as it covers HUD regulations and other requirements (i.e. Integrated
Disbursement and Information System, and the Consolidated Annual Performance
and Evaluation Report). A request has been made to move $287,179.22 in CDBG-
CV funds into administration, which will allow staff the ability to continue working with
consultant, MBI.
Additionally, this amendment will correct and reallocate the CDBG-CV3 Lytle Creek
Community Center activity as it was previously incorporated in the CDBG-CV3
Automatic Doors project instead of being a stand-alone project.
The Fourth Substantial Amendment allocation breakdown can be seen in the table
below:
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Table 3
Project CDBG-CV1 Fund
Balance
CDBG-CV3 Fund
Balance
CDBG-CV Funds
Reprogrammed
CDBG-CV1:
Modifications to
Public Facilities
$ 316,992.70 $ - $ (316,992.70)
CDBG-CV3:
Automatic Doors at
Community Centers
$ - $ 451,073.46 $ (451,073.46)
CDBG-CV3: 5th Street
Senior Center
Upgrades
$ - $ 34,405.76 $ (34,405.76)
Planning and
Administration $ - $ - $ 287,179.22
Encanto Community
Center $ - $ - $ 515,292.70
GRAND TOTAL: $ 802,471.92
The purpose of the reallocation of funds from modification to public facilities to
Planning and Administration is that there has been an increase in staff in the Housing
and Homelessness Division within the Community Development and Housing
Department that assist in the management of the CDBG-CV funds. This includes
processing invoices, the purchase of additional office supplies and equipment, and
financial oversight of the projects funded by these funds. Project management of
these funds has increased the workload related to the time spent on the projects
funded by these grant monies. Lastly, there is a greater need for research to ensure
proper use of funds and for compliance with CDBG-CV funding guidelines. Any
improper use of CDBG-CV funds could result in the City being required to pay back
funds with City’s General Fund.
The reallocation of funds to Encanto Community Center is due to additional funds
needed to complete the project. Since the original proposal in 2021, Encanto
Community Center requires additional CDBG-CV funds to complete the building
improvements. The original proposed projects have been completed or near
completion with the aid of our regular CDBG allocation by the City’s Public Works
Department.
As for the funds from the CBDG-CV1 project in the amount of $316,992.70, a
budgetary technical correction is needed to appropriate the unexpended funds not
carried over from the FY 2022-2023 operating budget. The remaining funds in the
amount of $485,479.22 will be reappropriated as discussed above in the FY 2024-
2025 budget. This technical correction is completed with Resolution 2024-XXX to
ensure that this fund is reflected in the City’s FY 2024-2025 Operating Budget.
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It is important to note that no grant activities were designed for the maintenance,
repair or operation of public restrooms at our parks as they are not allowed under
CDBG guidelines. As such if a project for new restrooms was requested, the proposed
project would need to be presented by the Public Works Department.
The redirection of these funds will ensure they are utilized efficiently to meet current
and emerging community needs, particularly in enhancing administrative capacity
and completing critical infrastructure at the Encanto Community Center.
2021-2025 Strategic Targets and Goals
Providing funding assistance to occupants residing in a property slated for abatement
aligns with Key Target No. 3- Improved Quality of Life by securing the building, and
eliminating a health and safety hazard, and assisting San Bernardino residents.
Fiscal Impact
There is no General Fund impact to the City should the Mayor and City Council adopt
this item; however, the grant funds will be reallocated as outlined in the report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a public hearing to obtain citizens’ comments on the proposed Fourth
Substantial Amendments to the Fiscal Year 2020-2021 Annual Action Plan for the
Community Development Block Grant Coronavirus Relief Funds; and
2. Approve the Substantial Amendment to Fiscal Year 2020-2021 Annual Action Plan
for the Community Development Block Grant; and
3. Approve the Technical Correction and Adopt Resolution Number 2024-180; and
authorize the Director of Finance to amend the Fiscal Year 2024/25 Operating
Budget with an appropriation of $316,992.70 to both revenues and expenditures in
accordance with the Fourth Substantial Amendment to the 2020-2021 Annual Action
Plan; and
4. Authorize the City Manager or designee to take any further actions and execute any
further agreements or documents as necessary to effectuate the submittal of the
Proposed Substantial Amendments to Fiscal Year 2020-2021 Annual Action Plan.
Attachments
Attachment 1: Consolidated Plan-Action Plan FY 2020-2025
Attachment 2: 2020-2021 Fourth Substantial Amendment to the Annual
Action Plan
Attachment 3: Resolution 2024-180 Substantial Amendment
Attachment 4: Proof of Publication
Ward:
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All Wards
Synopsis of Previous Council Actions:
April 15, 2020 The City Council adopted the FY 2020-2025 Consolidated Plan,
which included the 2020-2021 Annual Action Plan
Sep. 16, 2020 On September 16, 2020, the City Council approved the City of San
Bernardino's (City) Substantial Amendment to the FY 2020-21 AP.
This Substantial Amendment included approval of CDBG-CV1 funds.
March 17, 2021 On March 17, 2021, the City Council approved the City of San
Bernardino’s (City) Second Substantial Amendment to the FY 2020-
21 AAP. This Substantial Amendment included approval of CDBG-
CV3 funds
Aug 16, 2023 On August 16, 2023, the City Council approved the City of San
Bernardino’s (City) Third Substantial Amendment to the FY 2020-21
AAP. This Substantial Amendment included the reallocation of
unspent CDBG-CV1 and CV3 funds to be used towards emergency
shelter opportunities, supportive social services and ultimately
preventing the spread of Coronavirus among shelter occupants.
Click or tap here to enter text.
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Resolution No. 2024-180
Resolution 2024-80
August 2, 2024
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RESOLUTION NO. 2024-180
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
BUDGET AMENDMENT FOR FISCAL YEAR 2024-2025 IN
ACCORDANCE WITH THE FOURTH SUBSTANTIAL
AMENDMENT TO THE 2020-2021 ANNUAL ACTION
PLAN.
WHEREAS, The US Department of Housing and Urban Development (HUD) enacted the
CDBG program in 1974 under the Housing and Community Development Act; and
WHEREAS, the Community Development Block Grant (CDBG) hopes to create a
transformative impact in communities and improve the lives of all residents, especially those with
low and moderate-income levels; and
WHEREAS, on March 27, 2020, the Coronavirus Aid, relieft, and Economic Security Act
of 2020 (CARES Act) was signed into law.
WHEREAS, under the CARES Act, the Department of Housing and Urban Development
(HUD) allocated $2,003,529 in Community Development Block Grant (CDBG-CV1) to the City
of San Bernardino.
WHEREAS, funds under CDBG-CV1 were allocated to an eviction prevention program
for $1,060,000, Parks and Recreation programs for $206,000, and public facility modifications for
$336,823.
WHEREAS, the Fiscal Year 2024/25 Operating Budget will be amended by $316,992.70
in the CDBG-CV1 Fund in accordance with the Fourth Substantial Amendment to the 2020-2021
Annual Action Plan.
WHEREAS, on September 11, 2020, HUD announced the City of San Bernardino would
receive a third round of funding under the CARES Act totaling $1,702,135 in CDBG-CV3 funds.
WHEREAS, funds under CDBG-CV3 were allocated to administrative costs for $340,427,
the Fifth Street Senior Center for $175,000, building improvement for Encanto Community Center
for $371,700, and overall rehabilitation for libraries and community centers in the City for
$815,008.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
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Resolution No. 2024-180
Resolution 2024-80
August 2, 2024
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SECTION 2. The Director of Finance & Management Services will appropriate a total of
$316,992.70 from CDBG-CV1 to CDBG-CV3.
SECTION 3. Authorize the City Manager, the Director of Community Development and
Housing, or the designee to take any further actions and execute any further agreements or
documents as necessary to effectuate the submittal of the Substantial Amendments to FY 2020-
2021 Annual Action Plan.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 2nd day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-180
Resolution 2024-80
August 2, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-___, adopted at a regular meeting held on the ___ day of _______ 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Kris Watson, Director of Animal Services
Department:Animal Services
Subject:Regional Partnership Purchase of Modular Kennel
Buildings for Animal Services (All Wards)
Recommendation:
Adopt Resolution No. 2024-170 of the Mayor and City Council of the City of San
Bernardino, California:
1. Authorizing the City Manager to Execute a Goods Purchase Agreement with
Horizon Structures in the amount of $2,096,324.00 for the purchase of modular
kennel buildings for animal services, and
2. Authorizing the Director of Finance and Management Services to issue a
purchase order to Horizon Structures, in an amount not to exceed
$2,096,324.00
Executive Summary
It was established that the City of San Bernardino would enter into a Regional
Partnership for Animal Services with the Cities of Colton, Fontana, Grand Terrace,
Loma Linda and Rialto. In order to accommodate the additional animals expected with
the Partnership the Department needs to purchase 12 modular kennel buildings to add
148 individual dog kennels. Purchasing modular style kennel buildings would allow us
to add the necessary kennels quickly and at a reasonable fee. The Mayor and City
Council previously approved the allocation of $4,000,000.00 in funds for site
improvements on April 17, 2024 in Resolution 2024-067. These costs will be shared
by the contract cities and the City of San Bernardino.
Background
Each of the Cities have approved the participation agreements with the City of San
Bernardino, effective July 1, 2024. The shelter will begin accepting animals from the
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additional cities on July 1, 2024. In order to accommodate the additional animals, the
Department needs to purchase kennel buildings to house and care for them. The
additional buildings will bring the total number of individual dog kennels on site to 312.
This number will allow us to safely house up to 400 dogs on campus at one time.
Discussion
Because of the shortened timeline for this project as well as the need to find structures
that could be transported to a new shelter location and facility once identified, the
Department searched online for companies that would offer a modular-type kennel
building and had previous experience working with a government agency. Modular
buildings can be built off site, delivered directly to the designated location and
connected to utilities upon delivery. Horizon Structures is a federally certified small
business that provides pricing through the General Services Administration (GSA)
federal website. Horizon Structures also has the ability to customize the buildings and
can fill large orders. The total purchase cost of $2,096,324.00 for the 12 buildings falls
within the identified budget of $2,186,080.00 allotted for kennel buildings. Additionally,
the modular buildings can be relocated and cost much less than a brick-and-mortar
build.
This purchase is a sole-source item as Horizon Structures is the only vendor that would
be able to provide kennels that could safely house dogs separately, allow for daily
sanitizing of surfaces in a climate-controlled environment while delivering a product
within the identified timelines. The Department conducted an online search for modular
type buildings that could be delivered when fully assembled and which could be moved
to an alternative location if needed. Horizon Structures was the only vendor who
provided large buildings at the size, scale needed for this project. The price for the
completed modular buildings is less than the cost of individual kennels from Shor-
Line/Midmark. The cost for a previous purchase of 17 Double Sided and 17 Single
Sided kennels from ShorLine/Midmark was over $180,000.00. Once the kennels were
delivered, the City still needed to purchase the metal building structure, as well as all
the other required items, including lighting, air conditioners and insulation separately,
leading to an increased cost for purchase and installation in order to complete the
structure and prepare the building for occupation.
Each kennel building from Horizon Structures will have its own HVAC system offering
air conditioning and heating to ensure the animals are comfortable and able to escape
both hot and cold weather events. They are fully enclosed kennel buildings that will
meet the needs of dogs impounded at the shelter while also complying with animal
welfare industry standards. Staff has verified with industry experts that the structures
as well as the optional features selected for purchase will satisfy animal welfare
guidelines associated with housing of dogs in a shelter environment. Additionally, by
purchasing 12 different kennel buildings, each of which has their own HVAC system,
the Department is hoping to reduce disease transmission in the animal population by
limiting the number of animals per building.
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Horizon structures will be delivering the completed modular buildings to the shelter and
placing them as directed. The concrete pads, electrical, plumbing and all other work
will be completed by staff in the Public Works Department as well as previously
approved on-call vendors registered with the City through the competitive bid process.
2021-2025 Strategic Targets and Goals
The purchase of additional kennel buildings aligns with Key Target No. 2 Focused
Aligned Leadership and Unified Community and Key Target No. 3 Improved Quality of
Life. The new kennel buildings will enable us to serve the needs of both our residents
and their pets while engaging the community to assist the Department by volunteering,
fostering and adopting pets from the shelter.
Fiscal Impact
The fiscal impact of this item is $2,096,324. The City of San Bernardino’s share of the
cost for the kennel building purchase is $1,111,052. The other contract cities will cover
$985,272 as part of the agreement. There is sufficient budget in the Department’s
Operating Budget for FY24/25 to fund this agreement. There is no additional impact to
the General Fund.
Conclusion
Adopt Resolution No. 2024-170 of the Mayor and City Council of the City of San
Bernardino, California:
1. Authorizing the City Manager to Execute a Goods Purchase Agreement with
Horizon Structures in the amount of $2,096,324.00 for the purchase of modular
kennel buildings for animal services, and
2. Authorizing the Director of Finance and Management Services to issue a
purchase order to Horizon Structures, in an amount not to exceed
$2,096,324.00.
Attachments
Attachment 1 – Resolution No. 2024-170
Attachment 2 – Quote for Building Purchase
Attachment 3 - Goods Purchase Agreement
Attachment 4 – Sole Source Justification
Attachment 5 – Animal Shelter Improvements Site Map
Attachment 6 – Table with Estimated Project Costs
Ward:
All Wards
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Synopsis of Previous Council Actions:
December 6, 2024 Regional Partnership for Animal Services
April 17, 2024 Authorize and Appropriate Funding for Animal Services
for the Preparation of the Regional Partnership
Agreements – Site Improvement Costs
June 5, 2024 Authorize and Appropriate Funding for Animal Services
for the Preparation of the Regional Partnership
Agreements – Staffing Costs
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Resolution No. 2024-170
Resolution No. 2024-170
August 7, 2024
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RESOLUTION NO. 2024-170
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
GOODS PURCHASE AGREEMENT WITH HORIZON
STRUCTURES, LLC. IN THE AMOUNT OF $2,096,324.00
FOR THE PURCHASE OF MODULAR KENNEL
BUILDINGS FOR ANIMAL SERVICES AND
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO ISSUE A PURCHASE
ORDER TO HORIZON STRUCTURES, LLC. IN AN
AMOUNT NOT TO EXCEED $2,096,324.
WHEREAS, The City of San Bernardino entered into a Regional Partnership Agreement
with the Cities of Colton, Fontana, Grand Terrace, Loma Linda and Rialto to house animals from
their cities at the animal shelter located at 333 Chandler Place in the City of San Bernardino and
WHEREAS, The City of San Bernardino, Department of Animal Services is in need of
additional dog kennels to adequately house animals and serve the community.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Authorize the City Manager to execute a goods purchase agreement with
Horizon Structures, LLC. in the amount of $2,096,324.00 for the purchase of modular kennel
buildings for Animal Services.
SECTION 3. Authorize the City Manager to execute a goods purchase agreement with
Horizon Structures, LLC. in the amount of $2,096,324.00 for the purchase of a modular building
for Animal Services.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-170
Resolution No. 2024-170
August 7, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 7th day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-170
Resolution No. 2024-170
August 7, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-170, adopted at a regular meeting held on the 7th day of August 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 7th day of August, 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Kris Watson, Director of Animal Services
Department:Animal Services
Subject:Regional Partnership Modular Office Building Purchase
for Animal Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-151:
1. Authorizing the City Manager to Execute a Goods Purchase Agreement with William
Scotsman, Inc. in the amount of $406,492.00 for the purchase of a modular building
for Animal Services, and
2. Authorizing the Director of Finance and Management Services to issue a purchase
order to William Scotsman, Inc., in an amount not to exceed $406,492.00.
Executive Summary
It was established that the City of San Bernardino would enter into a Regional
Partnership for Animal Services with the Cities of Colton, Fontana, Grand Terrace,
Loma Linda and Rialto. In order to accommodate the additional staff and office space
necessary to serve the public, the Department needs to purchase a modular building
for office space and expanded counters to assist residents. Purchasing a modular
building would allow us to add the needed office space quickly at a reasonable fee.
The Mayor and City Council previously approved the allocation of funds for site
improvements on April 17, 2024, in Resolution 2024-067 and the allocation of funds
for additional staff on June 5, 2024, in Resolution 2024-096. These costs will be
shared by the contract cities and the City of San Bernardino.
Background
Each of the Cities have approved the participation agreements with the City of San
Bernardino, effective July 1, 2024. The shelter began accepting animals from the
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additional cities on July 1, 2024. In order to adequately serve the needs of the residents
of San Bernardino, as well as the contract cities, the Department needs additional
customer service windows and office space for expanded staff and programs. A total
of 31 staff positions were added to the Department as a result of the Regional
Partnership. The modular building will house the staff for all public-facing functions,
including Community Outreach (2 Positions), Customer Service (11 Positions), Field
Services (13 Positions), Rescue, Foster and Volunteer programs (6 Positions). The
office will include a customer service lobby and counters, an office for The Lange
Foundation, public restrooms and the Department’s breakroom for all Animal Services
staff. This building space will the the first introduction the public has to the Animal
Services Campus. On April 17, 2024, the Mayor and City Council approved Resolution
2024-067, allocating $4,000,000.00 for site improvements related to this project.
Discussion
Once the contracts with each of the additional cities was approved, the Department
began searching for modular buildings that would satisfy the needs of the expanded
staff and services and that could be configured or built within the short timeline needed.
Mobile Mini was immediately responsive to the department and had a used 60’x60’
building that had already been constructed and could be delivered quickly. This
building is a Single Source purchase because although there may be several suppliers
of Modular Office Buildings, this building is already constructed and is ready to be
delivered with minimal changes needed, reducing the cost of purchase to the City as
well as the amount of time that would be needed to design and construct a new
building.
The new building layout will include five (5) customer service windows and office space
for Volunteer, Foster, Rescue and Field Services Programs. Additionally, the unit also
provides a separate office space the Department has identified for our on-site nonprofit
partner, The Lange Foundation, so that they can continue to help the residents with
services and support. Because this building already had the office spaces the
Department needed for staff, only minor modifications, including adding the 5 customer
service windows, are needed to suit the needs of the Department.
The Department is requesting to purchase the building in lieu of a lease in an attempt
to reduce the burden of annual lease payments. The purchase amount of $406,492.00
for the modular building falls within the $4,000,000 budgeted for the site improvement
project. When the Department was looking at office space needed to accommodate
the new staff and programs associated with the Regional Partnership, we believed a
24‘x60’ modular building in addition to significant modifications to our existing brick-
and-mortar building would meet our needs. By purchasing a larger modular building to
accommodate the expanded programs as well as existing staff, we will only need to
make minor changes to the existing brick and mortar building and will be able to remove
an existing 12’x60’ leased modular building on the campus. These changes will make
more room for dog kennels and will reduce the estimated cost of additional renovations
to the campus. We will be utilizing the allocation for the smaller modular building as
well as some of the contingency funding from our initial project estimate for this
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purchase. Because this is a used building the cost of purchase is significantly lower
than a new modular building that would be designed and built to suit the needs of the
department, increasing the length of time needed to construct and delaying the delivery
of the building. The price of a new modular building with the same specifications would
be approximately $666,111.00. By purchasing a used building, the Department is
saving over $250,000.00.
Because this is a modular building, the vendor will be delivering the building to the
animal shelter and the Department of Public Works will be using a combination of
internal staff and previously approved on-call vendors to complete the plumbing,
electrical and data cable work for the new building. Once the purchase has been
approved, the Department estimates it would take two to three weeks to have the
building delivered, connected to utilities and ready for staff occupation.
2021-2025 Strategic Targets and Goals
The purchase of a modular office building aligns with Key Target No. 2 Focused
Aligned Leadership and Unified Community and Key Target No. 3 Improved Quality of
Life. The new kennel buildings will enable us to serve the needs of both our residents
and their pets while engaging the community to assist the Department by volunteering,
fostering and adopting pets from the shelter.
Fiscal Impact
The fiscal impact for this item is $406,492. City of San Bernardino‘s share of this
purchase is $217,745 and the regional partners‘ share is $188,747. There is sufficient
budget in the Department‘s Operating Budget for FY24/25 to fund this agreement.
There is no additional impact to the General Fund.
Conclusion
It is recommended the Mayor and City Council of the City of San Bernardino, California,
adopt Resolution No. 2024-151:
1. Authorizing the City Manager to execute a Goods Purchase Agreement with William
Scotsman, Inc. in the amount of $406,492.00 for the purchase of a modular building
for Animal Services, and
2. Authorizing the Director of Finance and Management Services to issue a purchase
order to William Scotsman, Inc., in an amount not to exceed $406,492.00
Attachments
Attachment 1 – Resolution No. 2024-151
Attachment 2 – Quote for Building Purchase
Attachment 3 – Goods Purchase Agreement
Attachment 4 – Single Source Justification
Attachment 5 – Building Map
Attachment 6 – Table with Estimated Project Costs
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Ward:
All Wards
Synopsis of Previous Council Actions:
December 6, 2024 Regional Partnership for Animal Services
April 17, 2024 Authorize and Appropriate Funding for Animal Services for the
Preparation of the Regional Partnership Agreements – Site
Improvement Costs
June 5, 2024 Authorize and Appropriate Funding for Animal Services for the
Preparation of the Regional Partnership Agreements
– Staffing Costs
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Resolution No. 2024-151
Resolution 2024-151
August 7, 2024
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RESOLUTION NO. 2024-151
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
GOODS PURCHASE AGREEMENT WITH WILLIAM
SCOTSMAN, INC. IN THE AMOUNT OF $406,492.00 FOR
THE PURCHASE OF A MODULAR BUILDING FOR
ANIMAL SERVICES AND AUTHORIZING THE
DIRECTOR OF FINANCE AND MANAGEMENT SERVICES
TO ISSUE A PURCHASE ORDER TO WILLIAM
SCOTSMAN, INC. IN AN AMOUNT NOT TO EXCEED
$406,492.00.
WHEREAS, The City of San Bernardino entered into a Regional Partnership Agreement
with the Cities of Colton, Fontana, Grand Terrace, Loma Linda and Rialto to house animals from
their cities at the animal shelter located at 333 Chandler Place in the City of San Bernardino and
WHEREAS, The City of San Bernardino, Department of Animal Services is in need of
expanded office space to adequately serve the community.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Authorize the City Manager to execute a goods purchase agreement with
William Scotsman, Inc. in the amount of $406,492.00 for the purchase of a modular building for
Animal Services.
SECTION 3. Authorize the City Manager to execute a goods purchase agreement with
William Scotsman, Inc. in the amount of $406,492.00 for the purchase of a modular building for
Animal Services.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-151
Resolution 2024-151
August 7, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 7th day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-151
Resolution 2024-151
August 7, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-151, adopted at a regular meeting held on the 7th day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Investment Portfolio Report for May 2024 (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 Portfolio Report for May 2024.
Executive Summary
This action is to approve the Investment Portfolio for the month of May 2024. This is
regular business of the Mayor and City Council ensuring that City investments are 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. Section III, Chapter
N of the City’s approved 2023-24 Investment Policy reads as follows, “The Director of
Finance shall submit to the City Council, on a monthly basis, a report summarizing the
individual transactions executed within the month.” 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 month ended May 2024.
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.
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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 May 2024.
Attachments
Attachment 1 Investment Portfolio Management Summary Report, May 2024.
Attachment 2 FY2023-24 Adopted Investment Policy
Ward
All Wards
Synopsis of Previous Council Actions
N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
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 June 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
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Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Improved Operational & Financial Capacity
by creating a framework for spending decisions.
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no further budgetary
impact is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for June 2024.
Attachments
Attachment 1 Payroll Summary Report for June 2024
Attachment 2 Commercial checks & Payroll Register #60
Attachment 3 Commercial checks & Payroll Register #61
Attachment 4 Commercial checks & Payroll Register #62
Attachment 5 Commercial checks & Payroll Register #63
Attachment 6 Commercial checks & Payroll Register #64
Attachment 7 Commercial EFT Registers #1641-1647
Gross Payroll
Bi-Weekly for June 6, 2024 $3,552,563.20
Bi-Weekly for June 20, 2024 $3,381,733.55
Bi-Weekly for July 7, 2024 $3,224,163.48
Monthly for June 15, 2024 $26,950.00
Total Payroll Demands: $10,185,410.23
The following check registers are being presented for approval:
June 6, 2024 2023/24 (Register #60)$1,254,874.45
June 11, 2024 2023/24 (Register #61)$3,168.10
June 13, 2024 2023/24 (Register #62)$1,781,061.83
June 20, 2024 2023/24 (Register #63)$3,374,941.43
June 27, 2024 2023/24 (Register #64)$2,852,487.00
Total commercial check demands:$9,266,532.81
The following Electronic Funds Transfer (EFT) registers presented for approval:
May 13, 2024-May 28, 2024 2023/24 (Register #1641-1647)$1,238,888.24
Total commercial EFT demands:$1,238,888.24
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Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Resolution to Approve the City Investment Policy for FY
2024/25 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-172, approving the current investment policy
for FY 2024/25.
Executive Summary
This action approves the Investment Policy that governs the cash, treasury, and
investment management functions of the City. This Policy requires annual approval by
the Mayor and City Council. There are no changes to the existing Policy which was
approved for FY 2023/24.
Background
State law requires that all municipalities have an investment policy approved by its
governing board and that it approves the policy on an annual basis. The investment
policy serves as the foundation of a local agency’s investment goals and priorities. The
investment policy is carefully researched, effectively drafted, and reviewed regularly to
ensure that it continues to meet the agency’s goals/priorities for its portfolio and to help
protect the assets of the organization. A good investment policy encompasses the
cash, treasury, and investment management functions of an agency. It serves as a
guide for setting and achieving program objectives, defines rules and establishes
benchmarks, and reduces the exposure to liability. An approved investment policy
demonstrates that the governing body is performing its fiduciary responsibilities,
thereby instilling trust and confidence in the public it serves.
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Discussion
POLICY UPDATE / REVISION
The Finance Department is responsible for submitting the Investment Policy for
adoption by the Mayor and City Council on an annual basis. The City’s Investment
policy was recently awarded a California Municipal Treasurer’s Association Investment
Policy Certification designation. This certification recognizes that the City of San
Bernardino’s investment policy adheres to the State of California Government Code
and meets the program requirements within 18 different topic areas deemed to be best
practices for investment policies.
The Investment Policy for FY 2024/25 focuses on three key areas in relation to the
management of the City’s investment portfolio:
(1) Safety – Maintaining the safety of principal,
(2) Liquidity – Retaining sufficient liquidity to ensure that cash is readily available
as needed to meet the City’s anticipated obligations, and
(3) Yield – Achieving a competitive market rate of return.
The purpose of the Investment Policy is to establish cash management and investment
guidelines for the investment of the City’s idle cash balances. This policy shall apply to
each investment transaction and the entire portfolio, which must comply with the
California Government Code Sections 53600 through 53683 and all other applicable
laws and regulations.
The California Debt and Investment Advisory Commission, who provides information,
education, and technical assistance on debt issuance and public fund investments to
local agencies, updated the Local Agency Investment Guidelines, reflecting California
statutory changes to Government Code Sections 53601 and Chapter II: Fund
Management effective as of January 1, 2024.
Government Code Section 53601
SB882, the Local Government Omnibus Act of 2023, amended Government Code
Section 53601 to clarify limitations imposed on public investment in a privately issued
mortgage passthrough security, collateralized mortgage obligation, mortgage-backed
or other pay-through bond, equipment lease-backed certificate, consumer receivable
passthrough certificate, or consumer receivable-backed bond that are not issued or
guaranteed by a public agency or issuer identified in subdivision (b) or (f). These types
of securities, issued by private companies, are permissible investments under
subdivision (o) so long as they meet the following limitations:
(1) Rated in a rating category of “AA” or its equivalent or better;
(2) Have a maximum remaining maturity of five years or less; and,
(3) Do not exceed the 20% of the local agency’s portfolio.
The City’s current Investment Policy Chapter III, Section F states: The investments
listed in this policy are authorized investments pursuant to Sections 53601 and
53635….”
Since the City’s Investment Policy is governed by Section 53601, there are no changes
necessary to the City’s Investment Policy as a result of this update.
Packet Page. 616
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2024 Local Agency Investment Guidelines - Chapter II: Fund Management
The 2024 Local Agency Investment Guidelines include changes to Chapter II: Fund
Management. New guidance has been added to Chapter 2, Fund Management, II.D. to
help an agency determine the funds available for investment and funds to include when
calculating portfolio concentration limitations. Chapter 2, II.M. now includes statements
regarding the impermissibility of exchange-traded funds (ETFs) for public investment
portfolios.
Revisions to Chapter II: Fund Management does not affect the City’s Investment Policy.
There are no changes to the Investment Policy for Fiscal Years 2024/25. Moving forward,
the annual adoption of the Investment Policy will be included in conjunction with the
adoption of the new biennial budget cycles.
Annual approval by City Council of the Investment Policy signifies that the legislative body
shares fiduciary responsibility with the City, increases authority and legitimacy of the
investment policy, and provides transparency and disclosure.
2021-2025 Strategic Targets and Goals
Approval of the City’s Investment Policy for FY 2024/25 aligns with Key Target No. 1:
Financial Stability. The annual approval of the City’s Investment Policy is a requirement
of state law as it pertains to managing the investment of City funds and provides guidance
to the Director of Finance & Management Services to execute this Charter-designated
responsibility.
Fiscal Impact
The proposed action has no specific fiscal impact. Given the current interest rate
environment, the City’s investment portfolio totals approximately $340 million and
generates approximately $1 million in annual investment income. The adopted budgets
for both fiscal years incorporated projected interest earnings for FY 2024/25.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-172, approving the current investment policy for
FY 2024/25.
Attachments
1.Attachment 1 – Resolution 2024-172
2.Attachment 2 – Exhibit A – Investment Policy
Ward:
All Wards
Synopsis of Previous Council Actions: N/A
Packet Page. 617
Resolution No. 2024-172
Resolution 2024-172
August 7, 2024
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RESOLUTION NO. 2024-172
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AN INVESTMENT POLICY FOR FISCAL
YEAR 2024/25.
WHEREAS, the City of San Bernardino has an existing investment policy consistent with
state law and sound financial management; and
WHEREAS, the state law requires that the managing board of any municipality within the
state review and reapprove the investment policy on an annual basis; and
WHEREAS, the annual adoption of the Investment Policy will be included in conjunction
with the adoption of the new biennial budget cycles; and
WHEREAS, the Director of Finance has reviewed the 2021/22 investment policy adopted
May 19, 2021, and has no recommended changes to the proposed policy attached hereto as Exhibit
“A”; and
WHEREAS, such policy is presented to the Mayor and City Council for its review and
approval for Fiscal Year 2024/25 and is consistent with state law.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby adopt the “Investment Policy for FY
2024/25,” attached hereto as Exhibit “A” and incorporated herein and made a part of this
Resolution.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
Packet Page. 618
Resolution No. 2024-172
Resolution 2024-172
August 7, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 7th day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 619
Resolution No. 2024-172
Resolution 2024-172
August 7, 2024
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CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO)
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-172, adopted at a regular meeting held on the 7th day of August 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. 620
CITY OF
SAN BERNARDINO
Investment Policy
Fiscal Year 2024/25
Proposed August 7, 2024
Jeannie Fortune
Interim Director of Finance & Management Services
Packet Page. 621
Exhibit A
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I. PURPOSE
To establish guidelines for the prudent investment of public funds in a manner that will
protect City funds, meet daily cash flow expenditures, and comply with all federal, state,
and local laws and ordinances governing the investment of public funds.
II. POLICY & ADOPTION
It shall be the policy of the City of San Bernardino to annually review and adopt an
Investment Policy by resolution of the City Council. This Policy applies to all financial
assets and funds held by the City of San Bernardino and the Successor Agency to the San
Bernardino Redevelopment Agency. The funds covered by this policy include:
*General Fund
*Special Revenue Funds
*Capital Project Funds
*Proprietary Funds
*Other funds that may be created
Any modifications to the Policy must be approved by the City Council.
III. PROCEDURES
The Director of Finance shall annually review the City’s Investment Policy, and incorporate
any changes in state law, recommendations from the City’s Investment Advisor,
recommendations from the various national and state organizations of municipal finance
officers, or other changes recommended by City staff. The revised Investment Policy shall
be presented to the Finance Committee and the City Council for review and approval.
(A) Responsibilities
No person may engage in investment activities except as provided under the terms of
this Policy and the procedures established by the Director of Finance.
1. Responsibilities of the City Council
The City Council shall annually consider and adopt a written Investment Policy.
As provided in this Policy, the Council shall receive monthly Investment
Reports.
Packet Page. 622
Exhibit A
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2. Responsibilities of the Director of Finance
The Director of Finance is appointed by and serves at the pleasure of the City
Manager and is subject to his/her direction and supervision. The Director of
Finance is charged with responsibility for the conduct of all Finance
Department operations. The City Charter places the “City Treasurer”
responsibilities amongst the duties of the Director of Finance. That individual
is charged with responsibility for carrying out all investment actions. He/she
may delegate the day-to-day investment activities to their designee(s) but not
the responsibility for the overall investment program. If authorized by the City
Council, the Director of Finance may also utilize the services of an external
investment advisor to assist with the investment program.
The Director of Finance, through supporting staff members, is responsible to
manage all public funds and securities belonging to or under the control of the
City and the Successor Agency, including the deposit and investment of those
funds in accordance with principles of sound treasury management and
applicable laws and ordinances. Appropriate internal controls designed to
ensure that assets of the City are protected from loss, theft, or misuse,
including but not limited to separation of duties and multiple approvers for
transactions, shall be maintained at all times in order to safeguard the City’s
assets.
3. Responsibilities of the City’s Investment Advisor (if applicable)
The City may engage in the services of outside professionals for evaluation and
advice regarding the City’s investment program. An authorized Investment
Advisor may provide investment management services, which may also
include facilitating trade executions under the direction of the Director of
Finance or designee. Any Investment Advisor shall be registered by the
Securities and Exchange Commission and licensed to do business in the State
of California. An authorized Investment Advisor shall invest the City’s funds in
investments that are in compliance with this policy and provide accurate and
timely reports of its investment activities to City staff. The Investment Advisor
shall never take possession of the City’s funds or assets.
Packet Page. 623
Exhibit A
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4. Internal Controls
The Director of Finance is responsible for establishing and maintaining an
internal control structure designed to ensure that the assets of the City are
protected from loss, theft, fraud or misuse.
The City’s external independent auditing firm shall perform an annual analysis
and review of internal controls, account activity and compliance with policies
and procedures.
(B) Prudent Investor Rule
The standard of prudence to be used by the Director of Finance shall be the
“prudent investor” standard. This shall be applied in the context of managing an
overall portfolio.
The “Prudent Investor Rule” provides, pursuant to California Government Code
Section 53600.3, that investments shall be made with judgment and care—under
circumstances then prevailing—which persons of prudence, discretion and
intelligence exercise in the management of their own affairs, not for speculation,
but for investment, considering the probable safety of their capital as well as the
probable income to be derived. The Director of Finance and any designee of the
Director of Finance, as investment officers acting in accordance with written
procedures and the investment policy and exercising due diligence, shall be
relieved of personal responsibility for an individual security’s credit risk or market
price changes, provided deviations from expectations are reported to the City
Council in a timely fashion and appropriate action is taken to control adverse
developments.
(C) Ethics and Conflicts of Interest
In addition to state and local statutes relating to conflicts of interest, all persons
involved in the investment process shall refrain from personal business activity
that conflicts with proper execution of the investment program or impairs their
ability to make impartial investment decisions. Employees and investment
officers are required to annually file applicable financial disclosures as required
for “public officials who manage public investments” by the Fair Political Practices
Commission (FPPC) and are subject to California law relative to conflicts of
interest.
Packet Page. 624
Exhibit A
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(D) Level of Investment
The City strives to maintain the level of investment of all investable cash as near
to 100 percent as possible through current and projected cash flow management.
The Director of Finance shall maintain a system to monitor and forecast revenues
and expenditures so that City funds can be invested to the fullest extent possible
while providing sufficient liquidity to meet the City’s reasonably anticipated cash
flow requirements. Maturities of investments will be selected to provide
necessary liquidity, manage interest rate risk, and optimize earnings. Because of
inherent difficulties in accurately forecasting cash flow requirements, a portion of
the portfolio should be continuously invested in readily available funds.
(E) Investment Objectives
The City seeks safety and liquidity in all of its investments followed by yield. Safety,
liquidity, and yield are defined as follows:
1.Safety. Safety of principal is the foremost objective of the investment
program. Investments shall be undertaken in a manner that seeks to
ensure the preservation of capital in the overall portfolio.
2. Liquidity. The investment portfolio shall remain sufficiently liquid to meet
operating requirements that may be reasonably anticipated. This is
accomplished by structuring the portfolio so that securities mature
concurrent with cash needs to meet anticipated demands.
3. Yield. The investment portfolio shall be designed with the objective of
attaining a market rate of return, taking into account the investment risk
constraints and liquidity needs. Return on investment is of secondary
importance compared to the safety and liquidity objectives described
above.
(F) Allowable Investments
The investments listed in this Policy are authorized investments pursuant to
Sections 53601 and 53635 of the California Government Code and are authorized
investments for the City subject, however, to the restrictions set forth in Section
“K” of this Investment Policy. In the event that an apparent discrepancy is found
between this Policy and the Government Code, the more restrictive parameters
will take precedence.
Packet Page. 625
Exhibit A
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(G) Collateralization
If collateral is required for a particular investment type, it will be provided in
compliance with California Government Code requirements.
(H) Investment Pools/Mutual Funds
Prior to investing in any pooled investment program (e.g., LAIF, money market
funds), the Director of Finance will review the program’s documentation (e.g.,
investment policy, policies for participation, fees) to determine the
appropriateness of the pool for City funds. Whenever the City has funds invested
in a pooled investment program, the Director of Finance should periodically
review the pool’s investment holdings. The review shall, at a minimum, obtain the
following information:
A description of eligible investment securities, and a written statement of
investment policy and objectives.
A description of interest calculations and how it is distributed, and how
gains and losses are treated.
A description of how the securities are safeguarded (including the
settlement processes), and how often the securities are priced and the
program audited.
A description of who may invest in the program, how often, and what size
of deposits and withdrawals are allowed.
A schedule for receiving statements and portfolio listings.
A description of how the pool/fund utilizes reserves, retained earnings,
etc.
A fee schedule, including when and how fees are assessed.
The eligibility of the pool/fund to invest in bond proceeds and special
district funds, and a description of its practices
(I) Diversification
The City shall diversify the investments within the portfolio to avoid incurring
unreasonable risks inherent in over-investing in specific instruments, individual
financial institutions, or maturities. To promote diversification, no more than 5%
of the portfolio may be invested in the securities of any one issuer, regardless of
security type; excluding U.S. Treasuries, federal agencies, supranationals, and
pooled investments such as LAIF, money market funds, or local government
investment pools.
Packet Page. 626
Exhibit A
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(J) Maximum Maturities
For those investment types for which this Policy does not specify a maturity limit,
no individual investment shall exceed a maturity of five years from the date of
purchase unless the City Council has granted express authority to make that
investment either specifically or as a part of an investment program approved by
the City Council no less than three months prior to the investment. The weighted
average duration of the investment portfolio shall not exceed 3.0 years.
(K) Authorized Investments of the City
The following types of investments are authorized by this Policy:
1. U.S. Treasury Instruments. United States Treasury notes, bonds, bills, or
certificates of indebtedness, or those for which the faith and credit of the
United States are pledged for the payment of principal and interest. There
is no limitation as to the percentage of the City’s portfolio that may be
invested in this category. The maximum maturity for this investment is five
years from the time of purchase.
2.State of California’s Local Agency Investment Fund (LAIF). A State of
California-managed investment pool. The maximum amount invested in
this category may not exceed the limit set by LAIF for operating accounts.
For 2023 that deposit limit is $75 million.
3.Local Government Investment Pools (“LGIP”). Shares of beneficial
interest issued by joint powers authority organized pursuant to Section
6509.7 that invests in the securities and obligations authorized in
Government Code (e.g. Cal Trust). The City will limit investments to LGIPs
that seek to maintain a stable net asset value. There is no limitation as to
the percentage of the City’s portfolio that may be invested in this category.
4.Municipal Bonds. Registered state warrants or treasury notes or bonds of
this state, including bonds payable solely out of the revenues from a
revenue-producing property owned, controlled, or operated by the state
or by a department, board, agency, or authority of the state.
Registered treasury notes or bonds of any of the other 49 states in addition
to California, including bonds payable solely out of the revenues from a
revenue-producing property owned, controlled, or operated by a state or
by a department, board, agency, or authority of any of the other 49 states,
in addition to California.
Packet Page. 627
Exhibit A
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Bonds, notes, warrants, or other evidences of indebtedness of a local
agency within this state, including bonds payable solely out of the
revenues from a revenue-producing property owned, controlled, or
operated by the local agency, or by a department, board, agency, or
authority of the local agency.
Purchases are limited to securities rated in a rating category of “A” (long-
term) or “A-1” (short-term) or their equivalents or better by a Nationally
Recognized Statistical Rating Organization (NRSRO). A maximum of 30%
the City’s portfolio may be invested in this category. The maximum
maturity for this investment is five years from the time of purchase.
5.Federal Agency Securities. Federal agency or United States government-
sponsored enterprise obligations, participations, or other instruments,
including those issued by or fully guaranteed as to principal and interest
by federal agencies or United States government-sponsored enterprises.
There is no limitation as to the percentage of the City’s portfolio that may
be invested in this category. The maximum maturity for this investment is
five years from the time of purchase.
6.Negotiable Certificates of Deposit. Negotiable certificates of deposit
issued by a nationally or state-chartered bank, a savings association or a
federal association, a state or federal credit union, or by a federally
licensed or state-licensed branch of a foreign bank. Securities in this
category shall be limited to the maximum amount covered by federal
deposit insurance currently set at $250,000. A maximum of 30% of the
City’s portfolio may be invested in this category. The maximum maturity
for this investment is five years from the time of purchase.
7.Commercial Paper. Commercial paper of “prime” quality of the highest
ranking or of the highest letter and number rating as provided for by a
NRSRO. The entity that issues the commercial paper shall meet all of the
following conditions in either paragraph (1) or (2):
(1) The entity meets the following criteria: (A) Is organized and
operating in the United States as a general corporation; (B) Has
total assets in excess of five hundred million dollars
($500,000,000), and (C) Has debt other than commercial paper, if
any, that is rated in a rating category of “A” or its equivalent or
better by an NRSRO.
(2) The entity meets the following criteria: (A) Is organized within the
United States as a special purpose corporation, trust, or limited
liability company, (B) Has program-wide credit enhancements
Packet Page. 628
Exhibit A
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including, but not limited to, overcollateralization, letters of credit,
or a surety bond, and (C) Has commercial paper that is rated “A-1”
or better, or the equivalent, by an NRSRO.
Purchases are limited to securities that have a maximum maturity of 270
days. A maximum of 25% the City’s portfolio may be invested in this
category with a maximum of 5% per issuer.
8. Corporate or Medium-Term Notes. Corporate or medium-term notes,
defined as all corporate and depository institution debt securities with a
maximum remaining maturity of five years or less, issued by corporations
organized and operating within the United States or by depository
institutions licensed by the United States or any state and operating within
the United States. Purchases are limited to securities rated in a rating
category of “A” or its equivalent or better by an NRSRO. A maximum of
30% the City’s portfolio may be invested in this category with a maximum
of 5% per issuer.
9. Money Market Funds (“MMF”). Purchases are restricted to Government
Money Market Funds. Furthermore, these Money Market Funds must have
met either of the following criteria: (A) Attained the highest ranking or the
highest letter and numerical rating provided by not less than two NRSROs,
or (B) Retained an investment advisor with not less than five years’
experience and registered or exempt from registration with the SEC, with
assets under management in excess of five hundred million dollars
($500,000,000). A maximum of 20% of the City’s portfolio may be invested
in this category.
10. Supranational Obligations. United States dollar denominated senior
unsecured unsubordinated obligations issued or unconditionally
guaranteed by the International Bank for Reconstruction and
Development, International Finance Corporation, or Inter-American
Development Bank, with a maximum remaining maturity of five years or
less, and eligible for purchase and sale within the United States.
Investments under this subdivision shall be rated in a rating category of
“AA” or its equivalent or better by a NRSRO. A maximum of 10% the City’s
portfolio may be invested in this category with a maximum of 5% per
issuer. State law limits the percentage to 30% of the portfolio.
11.Bankers Acceptances. Bankers’ acceptances are short-term debt
instruments issued by a company that is guaranteed by a commercial bank.
Packet Page. 629
Exhibit A
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Bankers Acceptances are limited to institutions with short-term debt
obligations of A-1 or higher and have long term debt obligations rated “A”
or higher, or the equivalent by a NRSRO. The maturity shall not exceed
180 days and no more than 30 percent of the total portfolio may be
invested in banker’s acceptances and no more than 5% per issuer.
City of San Bernardino Authorized Investment Policy Table
Investment Type Maximum Term Maximum % of
Portfolio
Maximum per
Issuer
Minimum
Rating
US Treasury
Obligations 5 Years NONE NONE NONE
Local Agency
Investment Fund
(LAIF)N/A
The City may invest
up to the maximum
amount permitted by
California state law.
N/A NONE
Joint Powers/Local
Government
Investment Pool
N/A NONE N/A NONE
Municipal Debt 5 Years 30%A1, A
Federal Agency
Obligations 5 Years NONE NONE NONE
Certificate of
Deposits
5 Years 30%NONE
Securities in this
category shall be
limited to the
maximum amount
covered by federal
deposit insurance.
Commercial Paper 270 Days 25%5%A1/P1, A
Medium
Term/Corporate
Notes
5 Years 30%5%A
Money Market
Mutual Funds N/A 20%NONE AAA
Supranational
Obligations (IBRD,
IFC, IDB)
5 Years 10%5%M
Banker’s
Acceptances 180 Days 30%5%A1, A
Packet Page. 630
Exhibit A
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(L) Prohibited Investments
Furthermore, the City will not invest in inverse floaters, range notes, mortgage-
derived, interest-only strips, or any security that could result in zero interest
accrual if held to maturity. In order to anticipate market changes and provide a
level of security for all funds, the collateralization level will 100% of market value
for Certificate of Deposits and 102% for reverse purchase agreements or principal
and accrued interest. Collateral will always be held by an independent third party
with whom the entity has a current custodial relationship
(M) Performance Standards
The investment portfolio shall be managed with the objective of obtaining a
market-average rate of return during budgetary and economic cycles, considering
the City’s investment risk constraints and the cash flow needs.
Investment return is a consideration only after the core investment portfolio
tenets of safety and liquidity have been met. The Director of Finance will adopt a
benchmark which best approximates the composition and weighted average
maturity of the City’s portfolio. The City will monitor the City’s portfolio yield
against the US Treasury Constant Maturity and the performance yield presented
by LAIF. However, the benchmark will be used only as a reference tool and does
not infer that the portfolio will be managed in an attempt to attain or exceed the
stated benchmark. Benchmarks may change over time based on changes in
market conditions or cash flow requirements. The selected performance
benchmarks shall be representative of the City’s overall investment objectives and
liquidity requirements.
(N) Investment Reporting
The Director of Finance shall submit to the City Council, on a monthly basis, a
report summarizing the individual transactions executed within the month. The
Director of Finance shall submit to the City Council on a quarterly basis a report
summarizing the status of the current investment portfolio and the individual
transactions executed over the last quarter. The report shall be prepared in a
manner which shall allow the City Council to ascertain whether investment
activities during the reporting period have conformed to the Investment Policy.
Packet Page. 631
Exhibit A
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The report will include the following elements:
Type of investment
Institution/Issuer
Purchase Date
Date of maturity
Amount of deposit or cost of the investment
Face value of the investment
Current market value of securities and source of valuation
Rate of interest
Interest earnings
Statement relating the report to its compliance with the Statement of
Investment Policy or the manner in which the portfolio is not in compliance
Statement on availability of funds to meet the next six month’s obligations
Percentage of Portfolio by Investment Type
Days to Maturity for all Investments
Comparative report on Monthly Investment Balances & Interest Yields
Monthly transactions
(O) Portfolio Review
The Director of Finance shall continually monitor portfolio performance to ensure
that the securities in the portfolio are in compliance with this Policy. The Director
of Finance shall report any issues of material non-compliance in the next monthly
Investment Report. Percentage holding limits and diversification requirements
listed in this Policy apply at the time a security is purchased. If a percentage
holding limit or diversification requirement is exceeded due to a subsequent
change in the portfolio, it is not a compliance violation, but no additional securities
may be purchased in that category or for that issuer until the holdings are back
under the Policy limits. Credit ratings, where shown, specify the minimum credit
rating category required at purchase. In the event a security held by the City is
subject to a credit rating change that brings it below the minimum credit ratings
specified in this Policy, the Director of Finance will notify the City Council of the
change in the next monthly Investment Report. The course of action to be
followed will then be decided on a case-by-case basis, considering such factors as
the reason for the change, prognosis for recovery or further rating downgrades,
and the market price of the security. If a security is determined to be out of
compliance with this Policy due to a subsequent change in this Policy or the
Government Code, it may be held to maturity unless there is a requirement that
the security be sold.
Packet Page. 632
Exhibit A
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(P) Debt Proceeds
Debt proceeds and bond reserve funds are to be invested in accordance with their
respective bond indenture. If the indenture is silent as to the permitted
investments, the bond proceeds will be invested in the securities permitted by this
Policy. Notwithstanding the other provisions of this Policy, the percentage
limitations listed elsewhere in this Policy do not apply to bond proceeds and bond
proceeds may be invested beyond five years if the maturities of such investments
do not exceed the expected use of the funds, the investments are deemed
prudent in the opinion of the Director of Finance, and the investments are not
prohibited by the applicable bond documents. Tax and Revenue Anticipation
Notes or other temporary financing proceeds shall not be invested for a term that
exceeds the term of the debt.
(Q) Safekeeping
To protect against potential losses by collapse of individual securities dealers, all
deliverable securities owned by the City, including collateral on repurchase
agreements, shall be held in safekeeping by a third party bank trust department
acting as agent for the City under the terms of a custody agreement executed by
the bank and by the City. All deliverable securities will be received and delivered
using standard delivery-versus-payment procedures.
(R) Qualified Financial Institutions and Broker/Dealers
The Director of Finance shall maintain a list of approved financial institutions
authorized to provide investment related services to the City. In addition, the City
shall maintain a list of approved security broker/dealers selected by conducting a
process of due diligence. These may include ‘primary’ dealers or regional dealers
that qualify under Securities and Exchange Commission (“SEC”) Rule 15C3-1
(uniform net capital rule). A copy of this Investment Policy shall be sent annually
to all firms with which the City executes investments.
Additionally, all financial institutions and broker/dealers who desire to become
qualified bidders of investment transactions must provide the Director of Finance
with the following:
Audited Financial Statements
Proof of State Registration
Copy of most recently filed Financial Industry Regulated Authority (FINRA)
documentation
Certification of having read the Investment Policy and depository contracts
of the City of San Bernardino
Packet Page. 633
Exhibit A
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The Director of Finance will review the existing list of either qualified
broker/dealers or qualified bidders for investment transactions on an annual
basis. At the discretion of the Director of Finance, and with the due diligence
noted above, add or delete either broker/dealers or qualified bidders.
(S) Continuing Education and Training
To ensure the highest level of professional standards for the execution of the
investment program, investment staff responsible for the day-to-day
management of the portfolio are encouraged to engage in continuing education
in the areas of cash and investment management.
Packet Page. 634
Exhibit A
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GLOSSARY
AGENCIES: Federal agency securities.
BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company.
The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are
drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An
acceptance is a high grade negotiable instrument.
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the
investment portfolio. A benchmark should represent a close correlation to the level of risk and
the average duration of the portfolio’s investments.
BROKER: A broker brings buyers and sellers together for a commission. He/she does not take a
position.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate.
Large-denomination CD’s are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of
public monies.
COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation (including
limited liability companies) to raise working capital. These negotiable instruments are purchased
at a discount to par value or at par value with interest bearing. Commercial paper is issued by
corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc.
COUPON: a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on
the bond’s face value. b) A certificate attached to a bond evidencing interest due on a payment
date.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions; buying and selling
for his/her own account.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus
payment and delivery versus receipt. Delivery versus payment is delivery of securities with an
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exchange of money for the securities. Delivery versus receipt is delivery of securities with an
exchange of a signed receipt for the securities.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent
returns.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to
various classes of institutions (e.g. S&L’s, Small business firms, students, farmers, farm
cooperatives, and exporters).
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency
that insures bank deposits, currently up to $250,000 per deposit.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread between
bid and asked prices is narrow and a reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political
subdivisions that are placed in the custody of the State Treasurer for investment and
reinvestment.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or
sold.
MATURITY: The date upon which the principal or stated value of an investment becomes due
and payable.
MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper,
bankers’ acceptances, etc.) are issued and traded.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION
(“NRSRO”): Firms that review and assess the creditworthiness of an obligor as an entity or with
respect to specific securities or money market instruments and express their opinion in the form
of a letter rating. A credit rating agency may apply to the SEC for registration as a nationally
recognized statistical rating organization (“NRSRO”). The primary rating agencies are Standard &
Poor’s Corporation, Moody’s Investor Services, Inc. and Fitch, Inc.
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NEGOTIABLE CERTIFICATES OF DEPOSIT: Generally, short-term debt instrument that usually pays
interest and is issued by a bank, savings or federal association, state or federal credit union, or
state-licensed branch of a foreign bank. Negotiable CDs are traded in a·secondary market and
are payable upon order to the bearer or initial depositor (investor). Negotiable CDs are insured
by FDIC up to $250,000, but they are not collateralized beyond that amount.
NON-NEGOTIABLE CERTIFICATES OF DEPOSIT: CDs that carry a penalty if redeemed prior to
maturity. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal
Deposit Insurance Corporation up to the amount of $250,000, including principal and interest.
Amounts deposited above this amount may be secured with other forms of collateral through an
agreement between the investor and the issuer. Collateral may include other securities including
Treasuries or agency securities such as those issued by the Federal National Mortgage
Association.
PORTFOLIO: Collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of market
activity and positions and monthly financial statements to the Federal Reserve Bank of New York
and are subject to its informal oversight. Primary dealers include Securities and Exchange
Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms.
PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a
fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody
state—the so-called “legal list”. In other states, the trustee may invest in a security if it is one
that would be bought by a prudent person of discretion and intelligence who is seeking a
reasonable income and preservation of capital.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current
market price. This may be the amortized yield to maturity; on a bond, the current income return.
SAFEKEEPING: The service provided by banks and trust companies for clients when the bank or
trust company stores the securities, takes in coupon payments, and redeems issues at maturity.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in
securities transactions by administering securities legislation.
SEC RULE 150-1: See “Uniform Net Capital Rule”.
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SUPRANATIONAL SECURITIES: United States dollar denominated senior unsecured
unsubordinated obligations issued or unconditionally guaranteed by the International Bank for
Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-
American Development Bank (IDB), with a maximum remaining maturity of five years or less, and
eligible for purchase and sale within the United States. Investments under this subdivision shall
be rated “AA” or better by an NRSRO and shall not exceed 10 percent of the agency’s moneys
that may be invested pursuant to this section.
TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance
the national debt. Most bills are issued to mature in three months, six months, or one year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10
years.
TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of
from one year to ten years.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member
firms as well as nonmember broker/dealers in securities maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to
purchase securities, one reason new public issues are spread among members of underwriting
syndicates. Liquid capital includes cash and assets easily converted into cash.
YIELD: The rate of annual income return on an investment, expressed as a percentage.
(a) Income Yield is obtained by dividing the current dollar income by the current market price
for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium
above par or plus any discount from par in purchase price, with the adjustment spread over the
period from the date of purchase to the date of maturity of the bond.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Review of Administrative Budget Transfers (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and file all listed administrative budget transfers from Jan 1, 2024
through March 31, 2024.
Executive Summary
Finance & Management Services requests the Mayor and City Council to review and
file department to department, administrative budget transfers made from January 1st
to March 31st, 2024.
Background
On May 4, 2022, the Mayor and City Council adopted Ordinance No. MC-1568 which
amended Section 3.05.010 in the Municipal Code regarding budget transfers.
Specifically, the amendment to the ordinance nullified the not-to-exceed amount of
$25,000 per budget transfer; authorized the Director of Finance & Management
Services to approve budget transfers within a department’s personnel budget into their
operating budget; authorized the Director of Finance & Management Services to
approve department to department budget transfers; established that budget transfers
will not increase or decrease a department’s approved budget, nor will it increase or
decrease the approved fund budget without council approval; and stated that any
cumulative amount of more than $5,000 transferred between departments in a 12-
month period must be reported to the Mayor and City Council during the regular
Quarterly Report.
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Discussion
Budget transfers are requests received by Finance & Management Services from
departments to move funds from one account to another after the adoption of the
original budget. Transfers occur when a department needs to correct its originally
adopted budget or to move funds to accommodate a change in a department’s planned
expenditures. When processing budget transfers, Finance & Management Services
verifies that the transfer properly allocates resources based on the strategic objectives
and goals set forth by the Mayor and City Council and reflects the priorities of the
community.
The table below provides the list of the transfers that have been processed.
Date of
Transfer
Departments Impacted Credit
(Decrease)
Debit
(Increase)
1/18/2024 Community Development &
Housing to CIP $(12,450,000.00)$12,450,000.00
2/13/2024 Community Development &
Housing to Human Resources $(20,000.00)$20,000.00
2/13/2024 Public Works to Human
Resources $(21,000.00)$21,000.00
2/13/2024 City Manager to Human
Resources $(20,000.00)$20,000.00
2/13/2024 Community Development &
Housing to Human Resources $(20,000.00)$20,000.00
3/12/2024 Community Development &
Housing to Library $(200,000.00)$200,000.00
The January 18, 2024, transfer from Community Development & Housing to CIP was
to transfer funds from the Housing Division to Public Works for the Navigation Center.
The February 13, 2024, transfer from Community Development & Housing to Human
Resources was to fund recruitment for the City Planner.
The February 13, 2024, transfer from Public Works to Human Resources was to fund
executive recruitment for the Deputy Director of Public Works.
The February 13, 2024, transfer from City Manager to Human Resources was to fund
recruitment for the Legislative Affairs Manager.
The February 13, 2024, transfer from Community Development & Housing to Human
Resources was to fund executive recruitment for the Building Official.
The March 12, 2024, transfer from Community Development & Housing to Library was
to purchase Library’s WiFi system.
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2021-2025 Strategic Targets and Goals
Authorization of this file and receive item aligns with three of the adopted 2021-2025
Key Strategic Targets and Goals. Finance & Management Services reporting on
departmental administrative budget transfers completed within the quarter that meet
the requirements of the Mayor and City Council helps Improved Operational &
Financial Capacity by effectively creating a framework for spending decisions.
Administering budget transfers meets the Focused, Aligned Leadership and Unified
Community goal by developing and implementing a community engagement plan
where the community and staff actively adapt to ensure needs of the community are
fulfilled. Improved Quality of Life is met by ensuring that service levels are funded
proactively to integrate customer-service orientation and metrics into all City
operations.
Fiscal Impact
No fiscal impact.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and file all listed administrative budget transfers from Jan 1, 2024,
through March 31, 2024.
Attachments
Attachment 1 City of San Bernardino Municipal Code Ordinance No. MC-1568
Ward
All Wards
Synopsis of Previous Council Actions:
December 1, 2021 Mayor and City Council heard the FY 2021/22 1st Quarter
Report; Adopted Resolution No. 2021-289 amending the City
of San Bernardino’s FY 2021/22 Operating Budget; and
introduced, read by title only, and waived further reading of
Ordinance No. MC-1568, amending section 3.05 of the
Municipal Code pertaining to budget transfers.
May 4, 2022 Mayor and City Council adopted Ordinance No. MC-1568,
amending section 3.05 on the Municipal Code.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
C. Jeannie Fortune, Interim Director of Finance & Management
Services
Department:Finance & Management Services
Subject:Pre-Approval of Mayor and City Council Travel for FY
2024/25 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, pre-approve travel for elected officials for FY 2024/25 as outlined.
Executive Summary
The Travel Authority and Expense Policy requires pre-approval by the Mayor and City
Council for any travel by an elected official, simplifying administrative procedures while
ensuring policy compliance. Pre-approved travel for FY 2024/25 includes events
sponsored by key organizations like Cal Cities, NLC, and SCAG, allowing City officials
to advocate for policies and participate in important committee meetings. This
approach supports the City's goals of improving operational capacity and re-
establishing itself as a regional leader.
Background
The Travel Authority and Expense Policy adopted by the Mayor and City Council on
May 15, 2024, requires pre-approval by the Mayor and City Council for any travel by
an elected official. Annual pre-approval of commonly attended events, committee
meetings, conferences, seminars, and other travel eases the administrative burden
while ensuring compliance with the adopted Policy so that the Mayor and City Council
can complete travel that is beneficial to the City.
Discussion
Pre-approved travel for FY 2024/25 includes all events sponsored by the following
organizations:
California League of Cities (“Cal Cities”)
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National League of Cities (“NLC”)
Southern California Association of Governments (“SCAG”)
San Bernardino County Transportation Authority (“SBCTA”)
US Conference of Mayors
International Council of Shopping Centers (“ICSC”)
International City/County Management Association (“ICMA”)
The City is currently an active member of Cal Cities, NLC, and SCAG, and City officials
routinely attend events sponsored by these organizations. Several City officials also
serve on policy committees that are conducted by these organizations, including the
Community Services Policy Committee and the Transportation, Communications, and
Public Works Policy Committee for Cal Cities. Attending events sponsored by these
organizations and participating in the committee meetings where they serve as
members, City officials can advocate for policies and help craft legislative platforms
aligned with the City's interests. This is especially important as the City is re-
establishing itself as a regional leader. Pre-approving travel to events sponsored by
Cal Cities, NLC, and SCAG for FY 2024/25 will afford City officials greater flexibility in
attending events where they can conduct business and advocate for policies that
benefit the City.
2021-2025 Strategic Targets and Goals
This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity
– Create a framework for spending decisions, and Key Target No. 2c: Focused,
Alighted Leadership and Unified Community – Re-establish City as the Regional
Leader/County Seat.
Fiscal Impact
There is no fiscal impact associated with this item. Budget for anticipated conferences
has been approved for both the Mayor and City Council in the FY 2024/25 Adopted
Budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, pre-approve travel for elected officials for FY 2024/25 as outlined.
Attachments
Attachment 1 – Travel Authority and Expense Policy (Adopted by Reso. 2024-105)
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Andrea E. Russell, Director of Human Resources & Risk
Management
Department:Human Resources & Risk Management
Subject:Resolution appointing an Interim Assistant City Manager
(U) and Approving Employment Agreement (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-171:
1. Appointing Frederick M. Lewis as Assistant City Manager (U) on an interim
basis; and
2. Approving the Employment Agreement.
Executive Summary
To ensure the continuity of operations in the City Manager’s Office while the
recruitment for the Assistant City Manager (U) is underway, it is recommended that the
City retain the services of Mr. Frederick M. Lewis, a California Public Employees
Retirement System (CalPERS) retiree, to serve as Assistant City Manager (U) on an
interim basis.
Background
In April of 2024, a vacancy occurred for the position of Assistant City Manager (U) for
the City of San Bernardino. The Acting City Manager reached out to Mr. Lewis due to
his high level of knowledge, skills, and abilities to perform the duties of the Assistant
City Manager (U) until the recruitment concludes and a regular appointment is made.
Prior to his retirement, Mr. Lewis held the position of Electric Utility Director with the
City of Banning. Mr. Lewis has 30 years of public and private sector experience in
Electric Utility including Operations, Engineering, Planning and Public Benefits/Energy
Conservation. Mr. Lewis’ employment terms will comply with all applicable statutes and
regulations regarding the hiring of a retired annuitant. As such, the Acting City Manager
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is recommending approval of the attached resolution.
Discussion
State and federal laws provide specific employment restrictions for retirees who return
to work with an employer in the same public retirement system from which they receive
a benefit.
Mr. Lewis’ appointment is eligible for the “vacant position” employment option under
the CalPERS retired annuitant rules, which provides for an appointment to an interim
position by the governing body as authorized by Government Code section 21221(h),
the Mayor and City Council must make the appointment and approve the employment
agreement by resolution.
In addition, an appointment under Section 21221(h) requires the City to be actively
pursuing a permanent replacement. The City posted a recruitment for a permanent
Assistant City Manager (U) on July 9, 2024 and is currently accepting applicant
submissions to permanently fill this vacancy. The interim appointment will end when
the regular replacement for the vacant position of Assistant City Manager (U) for the
City commences their employment or, if earlier, the date that this appointment is
terminated by the City or the selected candidate.
In accordance with applicable law, the proposed contract limits the number of hours
which may be worked in any fiscal year to 960 hours. Further, the compensation paid
to retirees cannot be less than the minimum nor exceed the maximum monthly base
salary paid to other employees performing comparable duties, divided by 173.333 to
equal the hourly rate. For the position of Interim Assistant City Manager (U), that rate
is $116.54 (i.e., $20,201.04, which is both the top step for the Assistant City Manager
(U) position on the approved salary schedule, divided by 173.333).
Lastly, in accordance with the applicable law, the employment agreement does not
provide for any other benefit, incentive compensation in lieu of benefits, or any other
form of compensation in addition to this hourly pay.
2021-2025 Strategic Targets and Goals
Approving an employment agreement with an Interim Assistant City Manager (U)
aligns with Goal No. 2b: Focused, Aligned Leadership and Unified Community by
building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
This is an approved position within the City Manager’s Office in the adopted FY
2024/25 budget. There is sufficient budget to support this item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-171:
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1. Appointing Frederick M. Lewis as Assistant City Manager (U) on an interim
basis; and
2. Approving the Employment Agreement.
Attachments
Attachment 1 – Resolution 2024-171;
Attachment 2 – Exhibit A – Employment Agreement
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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Resolution No. 2024-171
Resolution No. 2024-171
August 7, 2024
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RESOLUTION NO. 2024-171
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPOINTING FREDERICK M. LEWIS AS INTERIM
ASSISTANT CITY MANAGER (U) AND APPROVING THE
EMPLOYMENT AGREEMENT
WHEREAS, Government Code Section 21221(h) permits the Mayor and City Council to
appoint a California Public Employees’ Retirement System (“CalPERS”) retiree to a vacant
position requiring specialized skills during recruitment for a permanent appointment, and provides
that such appointment will not subject the retired person to reinstatement from retirement or loss
of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the position of Assistant City Manager (U) became vacant in April of 2024;
and
WHEREAS, in order to ensure the continuity in the operation and management of the City
Manager’s Office, the Mayor and City Council desire to retain the services of Frederick M. Lewis,
a retired member of CalPERS, to serve as Interim Assistant City Manager (U), effective August 8,
2024; and
WHEREAS, Frederick M. Lewis has 30 years of experience in Electric Utility including
Operations, Engineering, Planning and Public Benefits/Energy Conservation; and
WHEREAS, pending the recruitment, selection and employment of an Assistant City
Manager (U), the City desires to appoint Frederick M. Lewis as Interim Assistant City Manager
(U), pursuant to the authority provided under Government Code Section 21221(h), to provide the
leadership, managerial and organization skills necessary to manage the City Manager’s Office
effectively and efficiently; and
WHEREAS, it is understood by Frederick M. Lewis and the City that the combined total
hours to be served in any fiscal year for all CalPERS employers shall not exceed the 960 hour
limitation set forth in California Government Code Section 21221(h); and
WHEREAS, the Mayor and City Council has reviewed a proposed employment agreement
by and between Frederick M. Lewis and the City of San Bernardino.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. As required by Government Code Section 21221(h), the Mayor and City
Council make the following findings: (A) All facts set forth in the Recitals to this Resolution are
true and correct (B) Frederick M. Lewis has the specialized skills needed to perform the work
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Resolution No. 2024-171
August 7, 2024
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required of the Interim Assistant City Manager (U), until a permanent Assistant City Manager (U),
is appointed and thereafter begins their service. (C) It is in the best interests of the City of San
Bernardino to enter into an employment agreement with and to appoint Frederick M. Lewis as
Interim Assistant City Manager (U), for the City of San Bernardino pursuant to the authority
provided under Government Code Section 21221(h).
SECTION 3. Frederick M. Lewis, is hereby appointed as Interim Assistant City Manager
(U), of the City of San Bernardino in accordance with Government Code Section 21221(h) and
with the provisions of the employment agreement on file with the City Clerk.
SECTION 4. The employment agreement with Frederick M. Lewis, a copy of which is
incorporated herein as Exhibit “A”, is hereby approved by the Mayor and City Council of the City
of San Bernardino, and effective August 8, 2024. The Acting City Manager is authorized to execute
said agreement on behalf of the City of San Bernardino, with such non-substantive, technical
amendments as may be deemed appropriate by the City Attorney.
SECTION 5. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 7th day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-171
Resolution No. 2024-171
August 7, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-171, adopted at a regular meeting held on the 7th day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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EMPLOYMENT AGREEMENT FOR
INTERIM ASSISTANT CITY MANAGER (U)
This employment agreement (“Agreement”) is made and entered into this 8th day of
August, 2024 by and between the City of San Bernardino (a charter city and municipal
corporation organized and operating under the laws of the State of California with its
principal place of business at 290 North D Street, San Bernardino, California
92401)(“CITY”) and Frederick M. Lewis (a retiree with a home residence on
file)(“RETIREE”). CITY and RETIREE are sometimes individually referred to as “Party”
and collectively as “Parties”.
RECITALS
A.WHEREAS, CITY seeks to engage RETIREE on a temporary basis in the
unclassified (“U”) position of Interim Assistant City Manager in accordance with the
terms set forth in this Agreement; and
B.WHEREAS, RETIREE desires to accept employment as Interim Assistant
City Manager (U) on a temporary basis in consideration of and subject to the terms,
conditions, and benefits set forth in this Agreement; and
C.WHEREAS, RETIREE represents that he is a retired annuitant of the
California Public Employees' Retirement System (“CalPERS”) within the meaning of
Government Code sections 7522.56 and 21221(h) (“Statutes”), and acknowledges that
his compensation is statutorily limited as provided in Government Code section
21221(h). RETIREE represents that, as of the effective date of this Agreement, he has
not worked for another CalPERS state or contracting agency as a retired annuitant
during the 2024-2025 fiscal year; and he therefore acknowledges he can work up to 960
hours for the CITY, a state agency, or other CalPERS contracting agencies (“CalPERS
Agencies”) during the 2024-2025 fiscal year. With the execution of this Agreement,
RETIREE affirms he has not received unemployment compensation arising from work
pursuant to Government Code section 7522.56 during the 12-month period preceding
the effective date of this Agreement. RETIREE further affirms his CalPERS retirement
date became effective prior to the 180-day period preceding the commencement date,
as that term is defined in Section 4 of this Agreement; and
D.WHEREAS, CITY has determined it is necessary to hire RETIREE, a
retired annuitant, because his extensive knowledge and skills are necessary for the
successful operation of the City Manager’s Office.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Parties agree as follows:
AGREEMENT
1.INCORPORATION OF RECITALS. The recitals listed above are true and
correct, and they are hereby incorporated herein by this reference.
2.APPOINTMENT. RETIREE is appointed Interim Assistant City Manager
(U) of the CITY on a temporary basis under the terms of this Agreement.
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3.POSITION AND DUTIES. RETIREE has been appointed by the Acting
City Manager as Interim Assistant City Manager (U) of the CITY on a temporary basis to
perform the duties and functions pertaining to the Interim Assistant City Manager (U)
position, and to perform other legally permissible duties and such functions as the City
Manager shall from time-to-time assign. The City Manager shall have the authority to
determine the specific duties and functions which RETIREE shall perform under this
Agreement, and the means and manner by which RETIREE shall perform those duties
and functions. RETIREE agrees to devote all of his business time, skill, attention, and
best efforts to the discharge of the duties and functions of the Interim Assistant City
Manager (U) position and any other duties assigned by the City Manager.
4.TERM, TERMINATION AND AT-WILL STATUS. This Agreement shall
become effective upon the date executed both by RETIREE and the City Manager,
which date shall be the date first referenced above. RETIREE shall commence the
performance of his duties under this Agreement on August 12, 2024, or at such later
date as the parties hereto shall agree in writing (“Commencement Date”). This
Agreement shall expire as of the first of the following to occur: (i) upon the employment
commencement date of a permanent Assistant City Manager (U); (ii) upon RETIREE
working 960 hours combined for any CalPERS Agencies during fiscal year 2024-2025
or 960 hours in any subsequent fiscal year; or (iii) upon termination of the Agreement by
either RETIREE or CITY as provided below.
a. RETIREE acknowledges that he is an at-will, temporary employee of
the CITY who shall serve at the pleasure of the City Manager at all times during the
period of his service hereunder; and shall be subject to termination by the City Manager
at any time without advance notice and without cause.
b. The terms of CITY’s personnel rules, policies, regulations, procedures,
ordinances, and resolutions regarding City administrative personnel (“Personnel
Policies”), as they may be amended or supplemented from time to time, shall not apply
to RETIREE; and nothing in this Agreement is intended to, or does, confer upon
RETIREE any right to any property interest in continued employment, or any due
process right to a hearing before or after a decision by the City Manager to terminate his
employment. Nothing contained in this Agreement shall in any way prevent, limit, or
otherwise interfere with the right of CITY to terminate the services of RETIREE; and
nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of
RETIREE to resign at any time from his position with CITY.
5.COMPENSATION. The CITY agrees to provide the following
compensation to RETIREE for the services of Interim Assistant City Manager (U):
a. Beginning as of the Commencement Date, CITY agrees to pay to
RETIREE for services rendered under this Agreement $116.54 per hour consistent with
the pay rate established for the Assistant City Manager (U) position as listed in the
CITY’s publicly available pay schedule.
b. The RETIREE shall not be entitled to any additional compensation. The
City shall not pay for vacation or holidays, nor shall RETIREE be entitled to any fringe
benefits.
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6.SUPPORT SERVICES AND EQUIPMENT. RETIREE shall be provided
office space and the equipment needed to perform his duties and sufficient to fulfill
obligations under this Agreement, as determined by the City Manager, at no cost to
RETIREE. In accordance with Government Code section 21221(h), personal use of
such equipment is not permitted.
7.EXPENSES. CITY shall reimburse RETIREE for authorized, reasonable,
and necessary travel expenses incurred by RETIREE in the performance of his duties
pursuant to this Agreement. RETIREE shall document and claim said reimbursement
for such travel in the manner and forms required by the CITY. All reimbursements shall
be for actual expenses and shall be subject to, and in accordance with, California and
Federal law and CITY’s adopted reimbursement policies. Other than as specifically
provided herein, RETIREE shall receive no other compensation or reimbursements for
expenses incurred by him in performance of this Agreement. Such reimbursements are
not considered wages and, as such, shall not be reported to CalPERS.
8.PROPRIETARY INFORMATION. “Proprietary Information” is all
information and any idea pertaining in any manner to the business of CITY (or any CITY
affiliate, its employees, clients, consultants, or business associates) which was
produced by any employee of CITY in the course of his or her employment, or otherwise
produced or acquired by or on behalf of City. Proprietary Information shall include
without limitation trade secrets, product ideas, inventions, processes, formulae, data,
know-how, software and other computer programs, copyrightable material, marketing
plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary
Information not generally known outside of CITY’S organization, and all Proprietary
Information so known only through improper means, shall be deemed “Confidential
Information”. During his employment by CITY, RETIREE shall use Proprietary
Information and shall disclose Confidential Information only for the benefit of CITY and
as is, or may be, necessary to perform his job responsibilities under this Agreement.
Following termination, RETIREE shall not use any Proprietary Information and shall not
disclose any Confidential Information, except with the express written consent of CITY.
RETIREE’S obligations under this Section shall survive the termination of his
employment and the expiration of this Agreement.
9.NON-ASSIGNMENT OF AGREEMENT. This Agreement is intended to
secure the individual services of the RETIREE and is not assignable or transferable by
RETIREE to any third party.
10.GOVERNING LAW/VENUE. This Agreement shall be interpreted
according to the laws of the State of California. Venue for any action or proceeding
regarding this contract shall be in San Bernardino County.
11.ENFORCEABILITY. If any term, covenant, condition, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions hereof shall remain in full force and
effect and shall in no way be affected, impaired or invalidated thereby.
12.CONFLICT OF INTEREST. RETIREE agrees that during the term of this
Agreement, he will not maintain any financial interest or engage in any other contract
employment, occupation, work, endeavor or association (whether compensated or not)
that would in any way conflict with or impair RETIREE’S ability to perform the duties
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described in this Agreement. Any work performed for the CITY outside the terms of this
Agreement must be approved in advance in writing by the City Manager. RETIREE
agrees to disclose whether he is performing work for any other CalPERS public agency
employer during the term of this Agreement.
13.NOTICE. Notices required pursuant to this Agreement shall be given by
personal service upon the party to be notified or by delivery of same to the custody of
the United States Postal Service, or its lawful successor, postage prepared and
addressed as follows:
CITY
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attention: City Manager
RETIREE
Frederick M. Lewis
ADDRESS ON FILE
14.HOURS OF WORK. RETIREE shall devote the time necessary to
adequately perform his duties as Interim Assistant City Manager (U) on a temporary
basis. The parties anticipate that RETIREE will work a sufficient number of hours per
week allocated between regular business hours and hours outside of regular business
hours as the City Manager may direct. However, in no event shall RETIREE be
required to work in excess of 960 hours in fiscal year 2024-2025 and 960 hours per
each subsequent fiscal year for CITY, including hours worked for other CalPERS
Agencies during such fiscal years.
a. It is the intent of the parties to compensate RETIREE only to the extent
permitted under the Statutes, and corresponding CalPERS regulations and policy
statements. The Rate of Pay set forth above is based on the salary limitations
established by CalPERS in accordance with Section 21221(h) which provides that the
Rate of Pay shall be no less than the minimum or greater than the maximum hourly rate
for the Assistant City Manager (U) position as listed on the CITY’s publicly available pay
schedule.
b. RETIREE will comply with all applicable CalPERS regulations
governing employment after retirement, including the recordation and reporting of all
hours worked for CITY to CalPERS as may be required. CITY shall assist in any such
reporting obligations to CalPERS. Additionally, RETIREE shall keep CITY continually
apprised of any hours worked by RETIREE for other CalPERS Agencies during the term
of this Agreement.
15.WAIVER. No waiver of any provision of this Agreement shall be deemed
or shall constitute a waiver of any other provision whether or not similar, nor shall any
such waiver constitute a continuing or subsequent waiver of the same provision. No
waiver shall be binding, unless executed in writing by the party making the waiver.
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16.INDEMNIFICATION. In accordance with and subject to the limitations of
the California Government Claims Act and California Labor Code, the CITY shall
defend, save harmless, and indemnify RETIREE against any tort, professional liability,
claim or demand or other legal action arising out of an alleged act or omission occurring
in the performance of RETIREE’s services as Interim Assistant City Manager (U) on a
temporary basis; except that this provision shall not apply with respect to any intentional
tort or crime committee by RETIREE, or any actions outside the course and scope of his
employment as Interim Assistant City Manager (U) on an interim basis.
17.NO PRESUMPTION OF DRAFTER. The Parties acknowledge and agree
that the terms and provisions of this Agreement have been negotiated and discussed
between the Parties, and this Agreement reflects their mutual agreement regarding the
subject matter of this Agreement. Because of the nature of such negotiations and
discussions, it would be inappropriate to deem any Party to be the drafter of this
Agreement; and, therefore, no presumption for or against validity or as to any
interpretation hereof based upon the identity of the drafter shall be applicable in
interpreting or enforcing this Agreement.
18.ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to
the other party that the party has either had the assistance of counsel in negotiation for,
and preparation of, this Agreement or could have had such assistance and voluntarily
declined to obtain such assistance.
19.ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement
of the parties considering the subject matter hereof and all prior agreements or
understanding, oral or written, are hereby merged herein. This Agreement shall not be
amended in any way except by a writing expressly purporting to be such an
amendment, signed, and acknowledged by both of the parties thereto. If any portion or
provision hereof is held to be unconstitutional, invalid, or unenforceable, the remainder
of this Agreement or portion thereof shall be deemed severable and shall be effective
and shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
EMPLOYMENT AGREEMENT FOR
INTERIM ASSISTANT CITY MANAGER (U)
CITY OF SAN BERNARDINO
By: _______________________________ Date: ________________________
Rochelle Clayton, Acting City Manager
RETIREE
By: _______________________________ Date: ________________________
Frederick M. Lewis
Approved as to Form:
By: _______________________________ Date: _________________________
Sonia R. Carvalho
City Attorney
City of San Bernardino
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager,
Rolland Kornblau, Director of Information Technology
Department:Information Technology
Subject:Authorize the issuance of purchase orders for the
ongoing maintenance and support services for
annual software and hardware usage fees with Atel
Communications, Solutions Simplified for DocuSign
Software Services, Tyler Technologies, Harris Computers,
NPA Computers, Verizon, Frontier and 5-year subscription
with Neogov (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Authorize the City Manager to execute a Professional Services Agreement
with Atel Communications; and
2. Authorize the Interim Director of Finance to execute the ongoing purchase
orders for Annual Usage Fees, Software Maintenance, and Hardware
Maintenance with Atel Communications, Solutions Simplified
for DocuSign, Tyler Technologies, Harris Computers, NPA Computers,
NeoGov 5-year subscription, Verizon and Frontier. The combined total
should not exceed $1,785,621.47 for fiscal year 2024/25.
Executive Summary
The City of San Bernardino is advancing its technological framework to enhance
overall efficiency and productivity. This includes acquiring new hardware and software
to foster innovation and provide support for existing systems. The staff is seeking
approval for nine (9) ongoing purchase orders covering annual fees and maintenance
costs, with a budget that includes a 10% contingency for unforeseen changes.
Contracts and quotes are provided, except for Verizon and Frontier. The projected
expenses for Verizon and Frontier are calculated using the monthly expense report
from fiscal year 2023/24. This report details the monthly costs incurred. The estimate
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includes an additional 10% contingency to accommodate the anticipated rise in users
for the fiscal year 2024/25.
Background
The City of San Bernardino actively continues to Upgrade and maintain its technology
infrastructure as an ongoing endeavor, with annual procurements that are essential for
the deployment of innovative solutions across various city departments. These
purchases are annual reoccurring charges for Usage Fees, Software Maintenance,
and Hardware Maintenance, reflecting the city's proactive approach to technology
management. The annual agreements are with trusted vendors—Atel Communications
for communication systems, Neogov for the recruitment system and onboarding for
HR, Solutions Simplified for DocuSign to streamline digital signatures, Tyler
Technologies for public sector software, Harris Computers for financial management
systems, NPA Computers for out of warranty hardware, and Verizon and Frontier for
internet connectivity and telephone services.
Discussion
Staff is requesting authorization to issue nine (9) ongoing purchase orders for Annual
Usage Fees, Software Maintenance, and Hardware Maintenance. Staff has
developed an estimated annual cost based on expected usage and an annual fixed
amount provided from the vendor through signed contracts, quotes and expense
reports. Additionally, staff is purposing to add a 10% contingency to account for slight
changes in products or support functions during the fiscal year. Enclosed are the
contracts and quotes for all services, with the exception of Verizon and Frontier, which
are categorized as monthly utility expenses. The projected expenses for Verizon and
Frontier have been estimated using the average costs from the previous fiscal year
provided through the expense report, with an additional 10% contingency factored in.
This adjustment is intended to account for the expected increase in users for the fiscal
year 2024/25.
VENDOR Amount Contingency (10%)
Tyler-CAD (Public Safety)$399,797.69 $439,777.46
Tyler - AEGIS (Finance)$208,568.56 $229,425.42
ECS Imaging Inc (Public Safety)$20,046.25 $22,050.87
Verizon (MDC Public Safety)$119,350.00 $131,285.00
Frontier California (Landline Service)$207,845.00 $161,932.76
Atel Communications (Phone Service)$40.903.88 $44,994.27
Harris Computers (Payroll)$57,451.04 $63,196.14
Verizon (Mobile Phone Service)$201,600.00 $221,760.00
NPA Computers (Out of Warranty
Services)
$35,880.00 $39,468.00
NeoGov 5-year (Recruitment System&
On Boarding)
$431,731.55 431,731.55
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2021-2025 Strategic Targets and Goals
Authorization of the ongoing purchase orders aligns with Key Target No. 2:
Focused, Aligned, Leadership and Unified Community. Software and hardware
applications are maintained to achieve operational efficiencies and support the
organizational effectiveness of evolving processes.
Fiscal Impact
The fiscal impact for this item is $1,785,621.47. There is sufficient funding in the
Department’s Operating Budget for FY24/25 to fund these purchases.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California,
1. Authorize the City Manager to execute a Professional Services Agreement with
Atel Communications; and
2. Authorize the Interim Director of Finance to execute the ongoing purchase
orders for Annual Usage Fees, Software Maintenance, and Hardware
Maintenance with Atel Communications, Solutions Simplified for DocuSign,
Tyler Technologies, Harris Computers, NPA Computers, NeoGov 5-year
Subscription, Verizon and Frontier. The combined total should not exceed
$1,785,621.47 for fiscal year 2024/25.
Attachments
Attachment 1 - Atel – Maintenance Agreement Renewal FY 25-25
Attachment 2 - Atel - NEC Software Assurance
Attachment 3 - ECS - Laserfiche Annual Renewal - FY 24-25
Attachment 4 - Solutions Simplified - DocuSign Quote - 2024-6-13
Attachment 5 - Tyler for PD - CAD Annual Renewal - FY 24-25
Attachment 6 - Harris Computers – Renewal FY 24-25
Attachment 7 - NPA Computer Quote - FY 24-25
Attachment 8 - Tyler Technologies - AEGIS Renewal - FY 24-25
Attachment 9 - Verizon Expense Report
Attachment 10 - Frontier Expense Report
Attachment 11 – NeoGov Order Form - 5 YR
Ward:
All Wards
Synopsis of Previous Council Actions:
July 19, 2023 The Mayor and City Council adopter the purchase authorization
for 2023-24 Annual Usage Fees, Software Maintenance, and
Hardware Maintenance.
June 15, 2022 The Mayor and City Council adopted the purchase authorization
for FY 2022-23 Annual Usage Fees, Software Maintenance, and
Hardware Maintenance.
October 5, 2022 The Mayor and City Council adopted the execution of Annual
Professional Agreements with Solutions Simplified, NPA
Computers, and Atel Communications.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department:Parks & Recreation & Community Services
Subject:2024-2025 Senior Companion Program (SCP) – 1st Year
of a 3-Year Grant Award; All Wards
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-173:
1. Ratifying the submission of the application for year one of a three-year grant
through the Corporation for National and Community Service’s Senior
Companion Program; and
2. Authorizing the City Manager to accept the grant award in the amount of
$335,162;and
3. Authorizing the City Manager or their designee to conduct all negotiations,
signing and submittals of necessary documents to receive grant awards; and
4. Authorizing the Director of Finance and Management Services to appropriate
the grant funds for the period of July 1, 2024 through June 30, 2025; $355,162
in revenue and expenses and $120,633 in General Fund grant match
requirements, for a total of $455,795.
Executive Summary
The Senior Services Division received notification of the first year of a three-year
(2024-2027) grant award for the Senior Companion Program (SCP) in the amount of
$335,162. This grant will enable the City to continue to provide essential services that
enable Volunteer Companions ages 55 years and older to provide senior-age residents
(clients) with independent living assistance.
Background
The City has participated in the federally funded Senior Companion Program (SCP)
since 1975. The Mayor and City Council most recently ratified and approved on June
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16, 2021; August 17, 2022; and October 18, 2023, the SCP grant awards for the past
3-Year cycle (2021-2024).
Senior Companion Volunteers have assisted the City’s senior-age adult residents with
physical, emotional, and/or mental health limitations or needs. They are provided a
small stipend for mileage and meals for their services. Most of the residents are elderly
and without family.
Discussion
On February 6, 2024, staff received the Notice of Grant Award letter from the
Corporation for National and Community Service (CNCS) for an amount of $335,162.
This will be the first year of a 3-Year grant cycle (07/01/2024 – 06/30/2027)
administered by the Corporation for National and Community Service (AmeriCorps
Seniors).
Throughout 2023–2024, an average of 22 Senior Companion Volunteers provided 47
clients with 25,200 hours of service. They’ve assisted clients with chronic care
disabilities, emotional impairment, visual impairment, and provided respite care for
their families. This funding would work to continue the administration and operation of
the Senior Companion Program.
The City of San Bernardino’s grant match, as the grantee, in the amount of $120,633
is from the General Fund; there are no other funding sources for the match portion.
The City’s match shares the costs of local travel by staff and volunteers; training
conference attendance; program supplies; volunteer mileage, recognition, and food
stipends; and staff salaries/benefits and bears the full cost of internal service charges
(IT, office space, printing, postage, and phone), criminal background checks, and the
coordinators’ time and effort to renew the grant.
2021-2025 Strategic Targets and Goals
This request aligns with Key Target 3.c. Constantly Evaluate Public Safety Service
Delivery Models to Enhance the Quality of Service by aiding seniors in the community.
Fiscal Impact
The FY2024-2025 budget includes City-funded program costs to fulfill the City’s grant
match obligation in the amount of $120,633, for a total of $455,795. Appropriated grant
funds and the City’s match share the cost to reimburse volunteer stipends, program
expenditures, and the agreed upon staff salary/benefit percentages for the SCP.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2024-173:
1. Authorizing the City Manager to approve an application submittal for year one
of a three-year grant through the Corporation for National and Community
Service’s Senior Companion Program; and
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1. Authorizing the City Manager to accept the grant award in the amount of
$335,162;and
2. Authorizing the City Manager or their designee to conduct all negotiations,
signing and submittals of necessary documents to receive grant awards; and
3. Authorizing the Director of Finance and Management Services to appropriate
the grant funds for the period of July 1, 2024 through June 30, 2025; $355,162
in revenue and expenses and $120,633 in General Fund grant match
requirements, for a total of $455,795.
Attachments
Attachment 1 - Resolution No. 2024-173
Attachment 2 - 2024-2025 SCP Grant Application
Attachment 3 - 2024-2025 SCP Notice of Grant Award Year 1 of 3
Attachment 4 - 2024-2025 SCP Grant Budget & Budget Narrative, Year 1 of 3
Ward:
All Wards
Synopsis of Previous Council Actions:
October 18, 2023 The Mayor and City Council adopted Resolution No. 2023-
151 accepting the Senior Companion Program grant award in
the amount of $332,662 and appropriating the grant funds for
the period of July 1, 2023, through June 30, 2024.
August 17, 2022 The Mayor and City Council approved Resolution No. 2022-
180 ratifying the grant application submittal, accepting the
grant award of $332,662 and related match requirements,
appropriate grant revenue expenditures and grant match
expenditures for the Senior Companion Program for the
period of July 1, 2022 through June 30, 2023.
June 16, 2021 The Mayor and City Council approved Resolution No. 2021-
153 ratifying the grant application submittal, accepting the
grant award of $324,812 and related match requirements,
appropriate grant revenue expenditures and grant match
expenditures for the Senior Companion Program for the
period of July 1, 2021 through June 30, 2022.
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Resolution No. 2024-173
Resolution 2024-173
August 7, 2024
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RESOLUTION NO. 2024-173
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
RATIFYING THE SUBMISSION OF THE APPLICATION
FOR YEAR ONE OF A THREE-YEAR GRANT THROUGH
THE CORPORATION FOR NATIONAL AND COMMUNITY
SERVICE’S SENIOR COMPANION PROGRAM;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AWARD IN THE AMOUNT OF $335,162;
AUTHORIZING THE CITY MANAGER OR THEIR
DESIGNEE TO CONDUCT ALL NEGOTIATIONS,
SIGNING AND SUBMITTALS OF NECESSARY
DOCUMENTS TO RECEIVE GRANT AWARDS; AND
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO APPROPRIATE THE
GRANT FUNDS FOR THE PERIOD OF JULY 1, 2024
THROUGH JUNE 30, 2025; $355,162 IN REVENUE AND
EXPENSES AND $120,633 IN GENERAL FUND GRANT
MATCH REQUIREMENTS FOR A TOTAL OF $455,795.
WHEREAS, the City submitted a Grant Application for federal assistance on March 06,
2024, requesting funding for Year One of a 3-Year Grant Allocation for the Senior Companion
Program; and
WHEREAS, the Notice of Grant Award was received by the City for the Senior
Companion Program on May 3, 2024; and
WHEREAS, the City has participated in the federally funded Senior Companion Program
for 49 years; and
WHEREAS, individuals ages 55 years and older provide services that promote
independent living of senior-age residents who have physical, emotional, or mental limitations and
needs that prevent them from fulfilling daily living tasks; and
WHEREAS, an average of 22 individual Senior Companion Volunteers provided 47
clients with 25,2005 hours of service; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby ratify
the submission of a grant application for year one of the Corporation of National and Community
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Resolution No. 2024-173
Resolution 2024-173
August 7, 2024
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Service’s (AmeriCorps Seniors) Senior Companion Program (SCP) in the total amount of
$455,795.
SECTION 3. The Mayor and City Council of the City of San Bernardino hereby accept
the grant award in the amount of $335,162.
SECTION 4. The Mayor and City Council of the City of San Bernardino hereby authorize
the Director of Finance and Management Services to appropriate the grant funds for the period of
July 1, 2024, through June 30, 2025; $355,162 in revenue and expenses and $120,633 in General
Fund grant match requirements, for a total of $455,795.
SECTION 5. The grant award and matching funds, together totaling $455,795, are for
operation of the Senior Companion Program from July 1, 2024, through June 30, 2025.
SECTION 6.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 7.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 7th day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
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Resolution No. 2024-173
Resolution 2024-173
August 7, 2024
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Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-173
Resolution 2024-173
August 7, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-173, adopted at a regular meeting held on the 7th day of August 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 August 2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Darren Goodman, Chief of Police
Department:Police
Subject:Execute Amendment No. 1 to the Redwood Private
Security PSA (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the following:
1.The City Manager to execute Amendment No. 1 to the professional services
agreement with Redwood Private Security, LP, expanding the scope of
services and increasing the not to exceed compensation by $515,188, for a
total not-to-exceed amount of $2,427,264 annually, and subsequent
amendments.
2. The City Manager to adopt subsequent amendments within spending
authority that expand the scope of services for future City needs.
Executive Summary
On June 26, 2024, the Mayor and City Council approved the transfer of funding from
the Park Ranger Program to the Redwood Security Professional Service Agreement
(PSA) to provide park ranger services through the adopted budget. Staff is requesting
that the City Manager be authorized to execute Amendment 1 to the PSA between
Redwood Private Security and the City, expanding the scope of services and
increasing the compensation appropriately. There is no impact to the general fund
because the request utilizes funds already adopted in the in the FY24/25 Operating
Budget.
Background
In October of 2023, the Mayor and City Council approved both a city-wide security
service agreement with Redwood Private Security and a Park Ranger Program. The
Police Department manages both programs. After careful assessment, the Department
recommended transferring the Park Ranger Budget to increase the Security Contract
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and include Park Ranger Responsibilities. Contracting park ranger services through
security will increase the number of available personnel from three to five and generate
significant savings for the City financially and in terms of support resources no longer
required to support the recruitment, training, and supervision of additional city staff.
On June 26, 2024, the Mayor and City Council adopted the budget, approving the
recommended budget transfer, which will require an amendment to the PSA.
Discussion
The Park Ranger Program was initially proposed by Parks and Recreation and was
assigned to Public Works to manage along with the private security contract. Shortly
after, the management of both the park ranger and security programs was reassigned
to the police department. After running recruitments for both park ranger and park
ranger supervisor, the Department has yet to identify qualified candidates. Additionally,
the program will require the Department to develop new policies, training, and
supervisory responsibilities. However, after several months of supervising the security
contract and assessing the vendor's capabilities, the Department recognizes the
vendor can provide park ranger services more effectively and at a cost-saving to the
City.
The security officers, possessing the same capabilities as the park rangers, including
the power to issue citations, are ready to take on park responsibilities outlined in Exhibit
B of the PSA, without the need for a recruitment process. By contracting park ranger
services through security, the City can increase the number of available personnel from
three to five, leading to significant financial savings for the City. Moreover, this change
will eliminate the need for support resources previously required for the recruitment,
training, and supervision of additional city staff, further enhancing the financial benefits.
The City executed a PSA with Redwood Private Security on October 18, 2023, for
$1,912,076. The City also adopted a Park Ranger Budget at a cost of $515,188 in FY
2024/25. Staff is requesting that the Redwood Private Security Contract be amended
to increase the not-to-exceed amount by $515,188, for a total not-to-exceed amount of
$2,427,264 annually. The additional scope of work and contract extension option has
been incorporated into Amendment No. 1 to the Professional Services Agreement with
Redwood Private Security, adding the extra responsibilities and increasing the not-to-
exceed compensation appropriately.
The Department continues to pursue innovative and effective methods to improve the
safety and security of the community, including incorporating technology, security
personnel, and public and private partnerships. As such, staff requests that the City
Manager be authorized to administer subsequent amendments related to the
expansion of services. Any amendment that would increase the cost of the contract
beyond the City Manager’s spending authority would be presented to the Mayor and
City Council for approval.
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2021-2025 Strategic Targets and Goals
Amendment No. 1 to the Professional Services Agreement with Redwood Private
Security is consistent with Key Target No. 2b: Focused Aligned Leadership & Unified
Community - Evaluate operations and performance, investment in resources,
technology, and tools to continually improve organizational efficiency and
effectiveness.
Fiscal Impact
The budget adopted in Fiscal Year 2024/25 for the Park Ranger Program, $515,188,
will fund the increased scope of work from the Redwood Private Security contract.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the following:
1.The City Manager to execute Amendment No. 1 to the professional services
agreement with Redwood Private Security, LP, expanding the scope of
services and increasing the not to exceed compensation by $515,188, for a
total not-to-exceed amount of $2,427,264 annually, and subsequent
amendments.
2. The City Manager to execute subsequent amendments within spending
authority that expand the scope of services for future City needs.
Attachments
Attachment 1 - Professional Services Agreement
Attachment 2 - Amendment No. 1 to the Professional Services Agreement
Attachment 3 - Exhibit A to Amendment No. 1
Attachment 4 - Exhibit B Park Ranger Scope of Work to Amendment No. 1
Ward:
All Wards
Synopsis of Previous Council Actions:
June 26, 2024 The Mayor and City Council approved the transfer of funding
from the Park Ranger Program to the Redwood Security PSA
to provide park ranger services through the adopted budget.
October 18, 2023 The Mayor and City Council authorized the City Manager to
execute a PSA with Redwood Private Security, LP, for citywide
unarmed security guard services.
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH REDWOOD PRIVATE SECURITY, LP
This Amendment No. 1 to the Professional Services Agreement is made and
entered into as of August 7, 2024 (“Effective Date”) by and between the City of San
Bernardino, a charter city and municipal corporation (“City”) and Redwood Private
Security, LP a limited partnership (“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 October 18, 2023, for the purpose of providing security services (the “Master
Agreement”).
B. WHEREAS, the City approved and funded a Park Ranger program to assist
in securing City parks and providing a safe environment for community members.
C. WHEREAS, qualified personnel cannot be attained to fill this desired
program.
D. WHEREAS, the Consultant can provide the City with a desired Park Ranger
service at a reduced cost, parties now desire to amend the Master Agreement in order to
change the scope of service and compensation of the Master Agreement.
E. WHEREAS, Park Ranger program funding will be used to pay the
Consultant for the increased scope of service.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and the Master
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and
are hereby incorporated herein by this reference.
2. Scope of Service. The scope of service performed by the Consultant as
described in Exhibit A, Scope of Work, will expand to include Park Ranger responsibilities
(Exhibit B, Park Ranger Scope of Work). This will include patrols for all city parks and
other park-related needs as determined by the City.
3. Compensation. The compensation for services performed pursuant to this
Amendment No. 1 shall not exceed Five hundred fifteen thousand one hundred and
eighty-eight dollars ($ 515,188), thereby increasing the total not to exceed compensation
of the Master Agreement to the amount of two million four hundred twenty seven thousand
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two hundred sixty four dollars ($2,427,264). Work shall be performed at the rates set
forth in the Master Agreement.
4. Full Force. Except as amended by this Amendment No. 1, all provisions of
the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions of the Parties
under this Amendment No. 1.
5. Electronic Transmission. A manually signed copy of this Amendment No. 1
which is transmitted by facsimile, email or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original executed copy of this
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH REDWOOD PRIVATE SECUTITY, LP
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Jason Berckart, CPP
Chief Executive Officer
Signature
Name
Title
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EXHIBIT “B”
Park Ranger Scope of Work
Park Ranger Services
Location Day(s)Hours
All City Parks Monday through
Sunday
TBD by the City based
on Park Needs.
Description of Duties
Under general supervision, patrols parks and grounds to promote park safety and to enforce City rules,
codes, and policies; promotes positive engagement with park patrons; and other duties as assigned.
Provides exemplary customer service to all individuals by demonstrating a willingness to be
attentive, understanding, responsive, fair, courteous, and respectful.
Patrols assigned work areas for possible violations of penal, vehicle, and municipal codes; issues
municipal citations.
May counsel, advise, or detain individuals whose actions endanger the public or park property.
Provides basic outreach and offers resource materials to unhoused individuals in the parks.
Reads and explains laws, codes, ordinances, and/or regulations to provide accurate information
to park visitors.
Assists with City and Department sponsored community events, including supervision, event
patrol, parking control.
Ensures park facilities are available for use and in a safe and clean condition; reports problems
to a supervisor or the appropriate authority.
May identify, remove, transport, or dispose of hazardous materials and hypodermic needles
and/or other drug paraphernalia.
Alerts supervisor or park administration staff concerning safety, security, sanitary conditions,
and maintenance needs.
Maintains a log of activities and incidents; prepares written reports.
Coordinates with or assists Park, Police, Code Enforcement and Fire Department personnel
regarding incidents and investigations involving City parks.
Testifies in court and responds to requests for crime prevention services.
Directs vehicular and pedestrian traffic.
Responds to calls for service in City Parks.
Operates light vehicles, radios, and other necessary equipment to perform Ranger activities.
Attends in-service training programs.
Interprets and applies policy and regulatory guidance to resolve and correct park activities.
Analyzes complex problems and recommends effective solutions.
Interacts with the public in potentially volatile situations and issues warnings and citations,
when necessary, within scope of responsibility.
Exercises tact to resolve disputes regarding City Park rules, regulations and ordinance matters in
a tactful and productive manner.
May be assigned to projects, cross-functional teams or deliver presentations which aim to
enhance City’s Park and Recreational objectives.
Performs other duties as assigned.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Darren Goodman, Chief of Police
Department:Police
Subject:Executive Order 14074 Notification to Civilian Governing
Body (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and approve the proposed “Notification to Civilian Governing Body
and Local Community” letter, as required by Presidential Executive Order 14074
governing the potential acquisition of controlled federal government property.
Executive Summary
The San Bernardino Police Department is a participant in the Law Enforcement
Support Office Program which allows law enforcement agencies to receive surplus
controlled property from the Federal Government to support law enforcement
operations. Presidential Executive Order 14074, requires law enforcement agencies
participating in the program to notify their civilian governing bodies and community
annually of the law enforcement agency’s intent to obtain any equipment available
through the Law Enforcement Support Office Program. The San Bernardino Police
Department does not have any current intention of requesting property through the
program and is submitting this notification letter as required by executive order so that
it may have the flexibility to immediately request equipment should it become available
through the Law Enforcement Support Office at some point during the next year.
Background
On May 24, 2022, Presidential Executive Order (EO) 14074 “Advancing Effective,
Accountable Policing and Criminal Justice Practices to Enhance Public Trust and
Public Safety” was signed by President Biden. This EO, in part, controlled the
transfer/purchase of certain federal equipment by directing what equipment may be
released to law enforcement agencies and the processes law enforcement agencies
must comply with before requesting surplus military equipment from the Law
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Enforcement Support Program. Specifically, EO 14074 requires local law enforcement
agencies to notify both the community and their governing body of any potential intent
to request controlled property.
Historically, the San Bernardino Police Department has used the Law Enforcement
Support Program (LESO) to acquire federal equipment to help support and streamline
policing operations. Over the years LESO has augmented the City budget by
thousands of dollars that would have traditionally been encumbered from the General
Fund.
Discussion
The San Bernardino Police Department is responsible for providing policing services
to the community. The Department’s Primary objective is to provide law enforcement
services as safely as possible for the community and staff. The Police Department
uses various equipment to accomplish this goal. The needed equipment is acquired
in a multitude of ways. One method of obtaining needed equipment is through the
LESO Program. This program allows local law enforcement agencies to obtain
federally controlled equipment that the Federal Government no longer needs. When
the LESO Program makes equipment available to law enforcement agencies, the
LESO Program often quickly receives requests for the item from multiple law
enforcement agencies. This makes it necessary for the Police Department to be able
to respond quickly to be competitive with other law enforcement agencies when it
requests needed items through the LESO Program.
In addition to the standard protocols set in place, to ensure departmental accountability
for federally controlled equipment available through the LESO Program, EO 14074 now
requires notification of any potential intent to acquire listed equipment to the governing
body and community annually. Though the San Bernardino Police Department does
not currently have any specific intent to request LESO property, the notification to the
governing body must be completed before any request is made. The LESO
Program’s expedited process for notifying agencies of equipment availability and
distributing property makes it impractical for the Police Department to make notification
to the governing body before a request for specific property is made to the LESO
program. As such, the list of Controlled Property Descriptions in the Notification to
Civilian Governing Body and Local Community letter includes all equipment controlled
by EO 14074. Including all controlled equipment provides the Department with the
greatest opportunity for obtaining needed equipment when required items become
available.
Attached is the Notification to Civilian Governing Body and Local Community letter
signed by the Chief of Police and published on the Police Department’s website. This
document will be sent to our State LESO coordinator once viewed and approved by
the Mayor and City Council. By doing so, the Police Department will be eligible to
request equipment through LESO for one year.
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2021-2025 Strategic Targets and Goals
Approving the notification aligns with Key Target No. 2: Focused, Aligned Leadership
and Unified Community, b. evaluate operations and performance, investment in
resources, technology, and tools to continually improve organizational efficiency and
effectiveness.
Fiscal Impact
There is no fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, review and approve the proposed “Notification to Civilian Governing Body
and Local Community” letter, as required by Presidential Executive Order 14074
governing the potential acquisition of controlled federal government property.
Attachments
Attachment 1 Notification to Civilian Governing Body and Local Community Letter
Ward:
All Wards
Synopsis of Previous Council Actions:
December 7, 2022 The Mayor and City Council received the Notification to Civilian
Governing Body and Local Community for the potential intent
to request controlled equipment from the Federal
Government.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager
Darren Goodman, Chief of Police
Department:Police
Subject:Acceptance of Fiscal Year 2023 Emergency Management
Performance Grant (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-174, authorizing:
1. The acceptance of the Fiscal Year 2023 Emergency Management
Performance Grant; and
2. The amendment of the Fiscal Year 2024/2025 Adopted Budget in both
revenue and expenditures by $28,864.
Executive Summary
The City of San Bernardino receives formulary grant funds from the Emergency
Management Performance Grant (EMPG) program annually, and the Police
Department manages the grant award. The City was awarded $28,864 for Fiscal Year
2023. The funding will be allocated to projects that enhance the City’s response to
emergency events.
Background
The City of San Bernardino has participated in the Emergency Management
Performance Grant (EMPG) program for several years. The purpose of this grant
program is to support emergency management at the local, tribal, and state levels to
prepare for, mitigate, respond to, and recover from emergencies or disaster incidents.
The Police Department is currently responsible for this grant and has previously used
EMPG grant funds to improve its response capabilities during disasters and
emergencies. For Fiscal Year 2023, the City was awarded $28,864 from the EMPG
program.
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Discussion
The County of San Bernardino administers the EMPG program and provides grants to
local agencies via a non-competitive grant formula. The County charges an
administrative fee of 5% and distributes the remaining grant funds among the cities
and towns within the county. Each city’s portion is determined on a per capita
basis. The City of San Bernardino’s portion of this award for Fiscal Year 2023 was
$28,864.
The EMPG program is designed to aid the funding of projects related to preparing for,
responding to, mitigating, and recovering from emergencies or disasters, both natural
and man-made. Previously, the Police Department has used EMPG funds to purchase
emergency response equipment such as battery equipment, software programs to aid
in evacuations, and making improvements to the City’s Emergency Operations Center.
This is a reimbursement grant that is awarded each year and has a two-year
performance period. The grant conditions include a requirement that the City provide
a matching contribution, which will be fulfilled through in-kind personnel costs of the
employee assigned to manage the grant program. For the Fiscal Year 2022 EMPG
program, the performance period will last from July 1, 2023, through May 1,
2025. During that period, the Police Department will be responsible for the completion
of projects and compliance with grant terms.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt and expenditure of grant funds aligns with Key
Target No. 1c. Improved Operational and Financial Capacity - implement, maintain,
and update a fiscal accountability plan.
Fiscal Impact
The Fiscal Year 2024/2025 Operating Budget will be amended in both revenues and
expenditures in the amount of $28,864. The General Fund impact associated with this
item is $28,864. This is the required match for the grant, which will be fulfilled through
in-kind personnel costs of the employee assigned to manage the grant program.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-174, authorizing:
1. The acceptance of the Fiscal Year 2023 Emergency Management
Performance Grant; and
2. The amendment of the Fiscal Year 2024/2025 Adopted Budget in both
revenue and expenditures by $28,864.
Attachments
Attachment 1 Resolution No. 2024-174 (2023 EMPG)
Attachment 2 Fiscal Year 2023 Project Approval Notification
Attachment 3 2023 EMPG Allocation Matrix
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Ward:
All Wards
Synopsis of Previous Council Actions:
April 17, 2024, Mayor and City Council Adopted Resolution No. 2024-076,
authorizing the acceptance of the 2022 EMPG Grant
January 19, 2022, Mayor and City Council Adopted Resolution No. 2022-014,
authorizing the acceptance of the 2021 EMPG Grant
July 2, 2021, Mayor and City Council Adopted Resolution No. 2021-134,
authorizing the acceptance of the 2020 EMPG Grant
July 15, 2020, Mayor and City Council Adopted Resolution No. 2020-168,
authorizing the acceptance of the 2019 EMPG Grant
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Resolution No. 2024-174
Resolution No. 2024-174
August 7, 2024
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RESOLUTION NO. 2024-174
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE ACCEPTANCE OF THE FISCALY
YEAR 2023 EMERGENCY MANAGEMENT
PERFORMANCE GRANT AND AMMENDING THE FISCAL
YEAR 2024/2025 ADOPTED BUDGET REVENUE AND
EXPENDITURES BY $28,864.
WHEREAS, The City of San Bernardino is a participating jurisdiction in the Emergency
Management Performance Grant (EMPG) and has used funds from the program to purchase
equipment that enables the City to better prevent, protect against, mitigate, respond to, and recover
from emergency events and natural disasters; and
WHEREAS, on June 28, 2024, the Police Department received notification that the City
was awarded $28,864 in EMPG funds from the Fiscal Year 2023 grant project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his designee is hereby authorized to accept the Fiscal
Year 2023 EMPG grant in the amount of $28,864 and execute any documents as may be necessary
to accept grant funds.
SECTION 3. The Director of Finance and Management Services is hereby authorized to
amend the FY2024/2025 Adopted Budget , appropriating $28,864 in revenue and expenditures.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-174
Resolution No. 2024-174
August 7, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 7th day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-174
Resolution No. 2024-174
August 7, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-174, adopted at a regular meeting held on the 7th day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department:Police
Subject:Amendment No. 1 to the Vendor Services Agreement with
West Coast Lights and Sirens Inc. (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager to execute Amendment No. 1 to the vendor
services agreement with West Coast Lights and Sirens Inc., expanding the scope of
services and extending the term of the agreement.
Executive Summary
The recommended action will amend the scope of services, to include installation of a
cellular site simulator into a police vehicle, and extend the term of the Vendor Services
Agreement with West Coast Lights and Sirens until February 16, 2025, without
increasing the cost of the contract.
Background
The Police Department maintains a fleet of vehicles for a variety of police-related
duties. Once vehicles are purchased for the fleet, they are up-fitted with specialized
police equipment to meet the needs of the vehicle’s purpose. On August 17, 2021, the
Finance Department posted a request for proposals regarding the installation of
emergency equipment into police vehicles. The winning proposer was West Coast
Lights and Sirens Inc. On February 16, 2022, the Mayor and City Council authorized
the City Manager to execute a Vendor Services Agreement with West Coast Lights
and Sirens for the installation of emergency equipment into police vehicles. Since that
time, West Coast Lights and Sirens has functioned as the up-fitter for the installation of
police equipment into police vehicles and performed high-quality work. To continue that
work, the Police Department is seeking to exercise the option to extend the Vendor
Services Agreement until February 16, 2025, and expand the scope of work contained
within it to include the installation of a cellular site simulator into a police vehicle.
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Discussion
The Vendor Services Agreement with West Coast Lights and Sirens included the scope
of work for the installation of emergency equipment into police vehicles based on the
historical needs of the Police Department’s vehicle fleet. In 2024, the Police
Department completed the purchase of a cellular site simulator and special-purpose
police vehicle to accommodate the cellular site simulator. This was a new piece of
equipment and vehicle with different up-fitting needs that the Police Department had
not previously encountered, so it did not anticipate this type of project within the scope
of work for the Vendor Services Agreement with West Coast Lights and Sirens. The
cellular site simulator will be used for search and rescue operations during a disaster,
qualifying it as emergency response equipment that can be installed by West Coast
Lights and Sirens, however, before performing the installation all parties must comply
with the “Additional Work” clause of the current Agreement by expanding the scope of
work to include the installation of a cellular site simulator into a police vehicle. West
Coast Lights and Sirens is well qualified and experienced with completing such projects
and is willing to expand the scope of installation services they perform for the Police
Department’s vehicle fleet to accommodate the installation of the cellular site simulator
into a designated police vehicle.
The additional scope of work and contract extension option has been incorporated into
Amendment No. 1 to the Vendor Services Agreement with West Coast Lights and
Sirens, allowing West Coast Lights and Sirens to continue performing their current
work of installing emergency equipment into police vehicles, including the cellular site
simulator, until February 16, 2025.
2021-2025 Strategic Targets and Goals
Amendment No. 1 to the Vendor Services Agreement with West Coast Lights and
Sirens is consistent with Key Target No. 2b: Evaluate operations and performance,
investment in resources, technology, and tools to continually improve organizational
efficiency and effectiveness.
Fiscal Impact
There is no fiscal impact to the General Fund as Amendment No. 1 does not increase
the cost of the original agreement. The contract’s not-to-exceed amount will remain
$550,000 as stated in the original agreement. There is sufficient funding within the
Department’s FY24-25 Adopted Budget to fund the agreement.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California authorize the City Manager to execute Amendment No. 1 to the vendor
services agreement with West Coast Lights and Sirens Inc., expanding the scope of
services and extending the term of the agreement.
Attachments
Attachment 1 - Amendment No.1 to the Vendor Services Agreement
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Attachment 2 - Exhibit A - Amendment No. 1 to the Vendor Services Agreement
Attachment 3 - Vendor Services Agreement with West Coast Lights and Sirens
Ward:
All Wards
Synopsis of Previous Council Actions:
February 16, 2022 The Mayor and City Council adopted Resolution No. 2022-35,
authorizing issuance of purchase orders for police vehicles and
related equipment.
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AMENDMENT NO. ONE TO
VENDOR SERVICES AGREEMENT
WITH WEST COAST LIGHTS AND SIRENS
This Amendment No. ONE to the VENDOR SERVICES Agreement is made and
entered into as of August ___, 2024 (“Effective Date”) by and between the City of San
Bernardino, a charter city and municipal corporation (“City”) and WEST COAST LIGHTS
AND SIRENS, a 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 FEBRUARY 16, 2022, for the purpose of providing INSTALATION OF
EMERGENCY EQUIPMENT IN POLICE VEHICLES (the “Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in
order to extend the term of the Master Agreement for an additional term of one year,
expand the scope of services to include those listed in Exhibit A, and to include additional
funds for the continued performance of the services in accordance with the compensation
provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual
covenants, conditions, and promises contained in this Amendment No. 1 and the Master
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and
are hereby incorporated herein by this reference.
2. Term. The term of the Master Agreement shall be extended for an
additional term of one year through FEBRUARY 16, 2025, unless earlier terminated.
3. Services. The services provided to the City are amended and detailed in
Exhibit A. Exhibit A is attached hereto and is added to the Master Agreement.
4. Compensation. There is no change to the total not to exceed compensation
of the Master Agreement.
5. Full Force. Except as amended by this Amendment No. 1, all provisions of
the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions of the Parties
under this Amendment No. 1.
6. Electronic Transmission. A manually signed copy of this Amendment No. 1
which is transmitted by facsimile, email or other means of electronic transmission shall
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be deemed to have the same legal effect as delivery of an original executed copy of this
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
7. Counterparts. This Amendment No. 1may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE VENDOR SERVICES AGREEMENT
WITH WEST COAST LIGHTS AND SIRENS
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Rochelle Clayton
Acting City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
WEST COAST LIGHTS AND SIRENS
Signature
Name
Title
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EXHIBIT “A”
ADDITIONAL WORK
The scope of work will be modified to include the installation of a cellular site simulator
(a piece of emergency equipment) into a police vehicle in addition to the original scope
of work. The specific work to be completed and associated cost for the installation of
the cellular site simulator into a police vehicle is listed by item in the attached proposal,
Attachment, “A.”
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager.
Lynn Merrill, Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Award of Agreement for Construction of Speicher Park
Ballfields Improvements Project with Bilbro Construction
Company, Inc., and approval of Task Order Number 001 for
Construction Management and Inspection Services
(Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-175:
1.Approving the award of an Agreement with Bilbro Construction Company, Inc.
in the amount of $2,915,258.44 for the Construction of the Speicher Park
Ballfields Improvements (Project); and
2.Approving Task Order Number 001 with TKE Engineering, Inc., in the amount
of $415,019 for construction management and inspection services for the
project; and
3.Authorizing the project construction contingencies, professional services
contingencies, and administrative costs in the amount of $744,981 for
construction of the Project; and
4.Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP Budget by $2,574,670.02 using the Cultural Development fund
balance to bring the current project budget to $4,075,258.44.
5.Authorizing the City Manager or designee to execute all documents with Bilbro
Construction Company Inc., and TKE Engineering Inc. necessary to carry out
the Project; and
6.Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
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7.Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
Executive Summary:
Approving the Construction Agreement, and Task Order for the Speicher Park Ballfields
Improvements would lead to the construction of various improvements such as a new
synthetic baseball field (Huckabaa Field), a renovated concession stand, and new
fencing.
The Construction Agreement with Bilbro Construction Company, Inc. includes a cost of
$2,915,258.44. The Task Order with TKE Engineering, Inc. includes a professional
services fee of $415,019. Additional funds are recommended for construction
contingencies, professional services contingencies, and administrative costs in the
amount of $744,981. The project cost for these items is $4,075,258.44.
Background
The Public Works Department is responsible for maintaining all City parks. Speicher
Park, located at 1535 Arden Avenue is a City-owned 29-acre park facility, which
includes five baseball fields, parking lots, bleachers and concession stand building.
On June 1, 2022, the Mayor and City Council approved Resolution No. 2022-102
adopting the City's Annual Operating Budget for Fiscal Year 2022/23. The budget
included CIP Project for Speicher Memorial Park Ballfield Improvements ("Project").
Funding to support the Project has been established in the amount of $1,000,000. in
San Manuel Mission Indians grant and $950,000. in American Rescue Plan
(ARPA/County) funding, for a total amount of $1,950,000.
On March 1, 2023, the Mayor and City Council approved Resolution No. 2023-036
rejecting construction bids for Speicher Park Renovation. Since the City received only
one construction bid and the received bid amount was significantly above the
Engineer’s overall estimate, Public Works staff recommended that the City Council
reject the bid submitted for the subject project and allow staff to re-evaluate the project,
coordinating with the Parks and Recreations Department to revise the scope of work
to stay within the available budget.
A Request for Proposals for design services was released on PlanBids on April 26,
2023, for the design of the Project. After City staff reviewed the proposals, the Mayor
and City Council awarded a design services agreement to IDS in the amount of
$180,943 on June 21, 2023. The scope of work included, but is not limited to, lighting,
ADA accessibility, parking lot rehabilitation, new restrooms, and improvements to
Huckabaa, Mason, and Montgomery Baseball Fields. The agreement was later
amended on March 6, 2024, with a revised scope of work with an additional cost of
$209,179. The total not to exceed amount (including $39,000 in contingencies) is
$429,122.
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Discussion
City Staff directed the design consultant (IDS) to prepare a design for the park,
which would then be divided into multiple phases based on the available funding
and constructability. This portion of the Project is being designated as Phase 1 of
the Speicher Park Ballfield Improvements and includes improvements for Huckabaa
Field (conversion to synthetic turf and new fencing), renovation of the southern
concession building, and ADA accessibility.
Phase 1 of the Project was advertised for public bidding on June 6, 2024, on
PlanetBids.
Two sealed bids were received and opened on June 27, 2024. The total base bid
price after addressing a clarification in the line-item quantities are as follows:
Bidder City Base Bid
Bilbro Construction Company, Inc.Escondido, CA $2,915,258.44
Armstrong Cal Builders Inc. Stanton, CA $3,753,593.58
Staff has completed the bid evaluation and determined Bilbro Construction Company
Inc. of Escondido, CA, is a responsive bidder with a total base bid amount of
$2,915,258.44.
The Public Works Department worked with the Purchasing Division of the Finance
Department to complete a formal Request for Proposal process (RFP) on May 10,
2022, for on-call inspection services for capital improvement projects. Professional
Services Agreements were awarded to three firms on August 17, 2022. A second RFP
process was advertised on July 12, 2022, for various services. A total of 24 firms were
awarded Professional Services Agreements on November 16, 2022.
As part of the construction phase, City staff also requested proposals from the City’s
list of on-call consultants to provide construction management and inspection
services. Three proposals were received from consultants as follows:
Consultant City Fee Proposal
TKE Engineering, Inc.Riverside, CA $415,019
CSG Consultants, Inc. Orange, CA $448,840
Z&K Consultants, Inc.Riverside, CA $489,702
Staff has reviewed the proposals and recommend TKE Engineering, Inc. of Riverside,
California to complete the design for this project. The proposal demonstrated a clear
understanding of the project needs and includes a competitive price of $415,019.
In addition to this construction and professional services cost, staff anticipates the
need for additional funding to provide construction contingencies, professional
services contingencies, and administrative costs in the amount of $744,981.
The current project cost including construction, construction management,
administrative costs, and all contingencies is $4,075,258.44.
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This table shows total project costs after design and construction are completed:
Existing funding was provided in the amount of $950,000 from County ARPA funds
and $1,000,000 from San Manuel. After accounting for the costs incurred for the
design and staff administration, the current County ARPA balance is approximately
$518,178.00, and the current San Manuel balance is approximately $982,410.42.
An additional $2,574,670.02 is necessary to complete the construction of the items
included in the Project base bid. Staff recommends the use of available City Cultural
Development funds to cover this funding need.
The table below shows all revenue and expenditures for the project:
Environmental Impact
The Project is categorically exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines Section 15302, Replacement or
Reconstruction (“Class 2”). The Class 2 exemptions allow for the replacement or
reconstruction of existing structures or facilities where the new structure will be
located on the same site as the structure replaced and will have substantially the
County ARPA $950,000.00
IDS Design -$429,122.00
Avant Garde -$2,700.00
Total Balance $518,178.00
San Manuel Endowment $1,000,000.00
Staff Admin and Misc -$17,589.58
Total Balance $982,410.42
Total Project Balance $1,500,588.42
Construction Contract -$2,915,258.44
CMCI -$415,019.00
Contingencies -$744,981.00
Total Shortage -$2,574,670.02
Total Project Cost To-Date $449,411.58
Current Construction Cost $4,075,258.44
Total Project Cost $4,524,670.02
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same purpose and capacity as the structure replaced. Here, the Project involves
reconstructing the ballfield facilities located on the same site as the facilities.
The City has also considered whether the proposed Project is subject to any
exception to the Class 2 exemption, as set forth in State CEQA Guidelines section
15300.2. No exception applies for the following reasons:
a) The location exception only applies to Class 3, 4, 5, 6, and 11 exemptions,
none of which are being utilized here.
b) The proposed Project would not result in any significant cumulative impacts
on the environment. The cumulative impacts exception does not apply
because the Project has no incrementally significant impacts on the
environment.
c) A categorical exemption may be subject to an exception where there is a
reasonable possibility that the activity will have a significant effect on the
environment due to unusual circumstances. The proposed Project does
not involve any unusual circumstances and has no potential to result in a
significant impact on the environment.
d) Under the “scenic highways” exception, a categorical exemption may be
subject to an exception where the project may result in damage to scenic
resources within a highway officially designated as a state scenic highway.
The exception does not apply here as the Project would not damage any
scenic resources within a state scenic highway.
e) The Project is not located on a site which is included on any list compiled
pursuant to Section 65962.5 of the Government Code.
f) The Project site does not contain a historical resource.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.4: Economic Growth & Development.
Completion of this project will improve park assets by providing ADA compliant features
and improvements to the baseball field to provide a safe and well-maintained
community park.
Fiscal Impact
There is no General Fund impact associated with this action. Fiscal Year 2024/25
CIP Budget will be amended by $2,574,670.02 using the Cultural Development fund
balance.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-175:
1.Approving the award of an Agreement with Bilbro Construction Company, Inc.
in the amount of $2,915,258.44 for the Construction of the Speicher Park
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Ballfields Improvements (Project); and
2.Approving Task Order Number 001 with TKE Engineering, Inc., in the amount
of $415,019 for construction management and inspection services for the
project; and
3.Authorizing the project construction contingencies, professional services
contingencies, and administrative costs in the amount of $744,981 for
construction of the Project; and
4.Authorizing the Director of Finance and Management Services to amend the FY
2024/25 CIP Budget by $2,574,670.02 using the Cultural Development fund
balance to bring the current project budget to $4,075,258.44.
5.Authorizing the City Manager or designee to execute all documents with Bilbro
Construction Company Inc., and TKE Engineering Inc. necessary to carry out
the Project; and
6.Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
7. Finding the Project exempt from the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or
Reconstruction”).
Attachments
Attachment 1 Resolution No. 2024-175
Attachment 2 Construction Agreement with Bilbro Construction Company, Inc.
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 CMCI Proposal -TKE Engineering Inc.
Attachment 6 Location Map
Ward:
Second Ward
Synopsis of Previous Council Actions:
June 1, 2022 Mayor and City Council adopted Resolution No. 2022-102
approving Fiscal Year 2023 & Fiscal Year 2024 Operating
Budget and Capital Improvement Program FY 2023-2027.
August 17, 2022 Mayor and City Council approved award of Professional
Services Agreement for On-Call Inspection Services.
November 16, 2022 Mayor and City Council approved award of a five-year On-Call
Services Agreements with various engineering firms.
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March 1, 2023 Mayor and City Council adopted Resolution No. 2023-036
rejecting construction bids for Speicher Park Renovation
Project.
June 21, 2023 Mayor and City Council adopted Resolution No. 2023-084
approving the award of a design services agreement with IDS
Group Inc. for the Speicher Memorial Park Ballfield
Improvements Project.
March 6, 2024 Mayor and City Council approved Amendment No. 1 to the
agreement with IDS Group Inc. in the amount of $209,179 for
the Speicher Memorial Park Ballfield Improvements Project.
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Resolution No. 2024-175
Resolution 2024-175
August 7, 2024
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RESOLUTION NO. 2024-175
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF AN AGREEMENT WITH
BILBRO CONSTRUCTION COMPANY INC. IN THE
AMOUNT OF $2,915,258.44 FOR THE CONSTRUCTION
FOR SPEICHER PARK BALLFIELDS IMPROVEMENTS
(PROJECT); AND APPROVING TASK ORDER NUMBER
001 WITH TKE ENGINEERING, INC., IN THE AMOUNT OF
$415,019 FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE PROJECT; AND
AUTHORIZE THE PROJECT CONSTRUCTION
CONTINGENCIES, PROFESSIONAL SERVICES
CONTINGENCIES, AND ADMINISTRATIVE COSTS IN
THE AMOUNT OF $744,981 FOR CONSTRUCTION OF THE
PROJECT; AND AUTHORIZING THE DIRECTOR OF
FINANCE AND MANAGEMENT SERVICES TO AMEND
THE FY 2024/25 CIP BUDGET BY $2,574,670.02 USING THE
CULTURAL DEVELOPMENT FUND BALANCE TO BRING
THE CURRENT PROJECT BUDGET TO $4,075,258.44.
AUTHORIZE THE CITY MANAGER OR DESIGNEE TO
EXECUTE ALL DOCUMENTS WITH BILBRO
CONSTRUCTION COMPANY INC., AND TKE
ENGINEERING, INC. NECESSARY TO CARRY OUT THE
PROJECT; AND AUTHORIZING THE CITY MANAGER
OR DESIGNEE TO EXPEND THE CONTINGENCY FUND,
IF NECESSARY, TO COMPLETE THE PROJECT.
WHEREAS, the City desires to improve the Speicher Park Ballfield amenities to improve
community engagement, physical activity, and social interaction (the “Project”); and
WHEREAS, on June 1, 2022, the Mayor, and City Council adopted Resolution No. 2022-
102 approving the FY 2023 and 2024 Operating Budget and Capital Improvement Program FY
2023-2027; and
WHEREAS, on November 2, 2022, the Mayor, and City Council awarded a Design
Services Agreement with New Line Skate Parks FL, Inc. for Skate Park design at Speicher Park;
and
WHEREAS, on November 16, 2022, the Mayor, and City Council awarded five-year On-
Call Professional Services Agreements with various engineering firms.
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Resolution No. 2024-175
Resolution 2024-175
August 7, 2024
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WHEREAS, on March 1, 2023, the Mayor, and City Council adopted Resolution 2023-
036, rejecting construction bids for the Project since the City received only one construction bid
and the received bid amount was significantly above the Engineer’s overall estimate; and
WHEREAS, as a result, Public Works staff recommended that the City Council reject the
bid submitted for the subject project and allow staff to re-evaluate the project, coordinating with
the Parks and Recreations Department to revise the scope of work to stay within the available
budget.
WHEREAS, on June 21, 2023, the Mayor, and City Council awarded a Design Services
Agreement with IDS Group, Inc. for the Project. The revised scope of work included, but is not
limited to, lighting, ADA accessibility, parking lot rehabilitation, new restrooms, and
improvements to Huckabaa, Mason, and Montgomery Baseball Fields; and
WHEREAS, on March 6, 2024, the Mayor, and City Council Amendment No. 1 to the
Design Services Agreement with IDS Group, Inc. for the Project in order to further revise the scope
of work and increase the not-to-exceed compensation amount; and
WHEREAS, the Project was advertised for public bidding on June 6, 2024, on PlanetBids
with the City receiving two sealed bids; and
WHEREAS, City staff reviewed all bid packages and determined that Bilbro Construction
Company, Inc. was the lowest responsible and responsive bidder.
WHEREAS, the City desires to utilize TKE Engineering, Inc. to perform construction
management and inspection work for the Project; and
WHEREAS, TKE Engineering, Inc. is on the City’s approved on-call engineering
consultants list;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to approve
the award of an Agreement with Bilbro Construction Company, Inc. in the amount of
$2,915,258.44 for Speicher Park Ballfields Improvements (Project).
SECTION 3. The Mayor and City Council hereby authorize the City Manager to approve
Task Order Number 001 with TKE Engineering, Inc. in the amount of $415,019 for the Project.
SECTION 4. The Mayor and City Council hereby authorize the construction
contingencies, professional services contingencies, and administrative costs in the amount of
$744,981 for construction of the Project.
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Resolution No. 2024-175
Resolution 2024-175
August 7, 2024
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SECTION 5. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to amend the FY 2024/25 CIP Budget by $2,574,670.02 using the Cultural
Development fund balance to bring the current project budget to $4,075,258.44.
SECTION 6. The Mayor and City Council hereby authorize the City Manager or
designee to execute all documents with Bilbro Construction Company, Inc. and TKE
Engineering, Inc. in order to carry out the Project
SECTION 7. The Mayor and City Council hereby authorize the City Manager or designee
to expend the contingency fund, if necessary, to complete the project.
SECTION 8.The Mayor and City Council finds this Resolution is categorically exempt
from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines
Section 15302, Replacement or Reconstruction (“Class 2”). The Class 2 exemptions allows for
the replacement or reconstruction of existing structures or facilities where the new structure will
be located on the same site as the structure replaced and will have substantially the same purpose
and capacity as the structure replaced. Here, the Project involves reconstructing the previously
fire-damaged skate park with new structures located on the same site that will serve as the new
skate park. The City has also considered whether the proposed Project is subject to any exception
to the Class 2 exemption, as set forth in State CEQA Guidelines section 15300.2. No exception
applies for the following reasons:
a) The location exception only applies to Class 3, 4, 5, 6, and 11 exemptions, none of
which are being utilized here.
b) The proposed Project would not result in any significant cumulative impacts on the
environment. The cumulative impacts exception does not apply because the Project has no
incrementally significant impacts on the environment.
c) A categorical exemption may be subject to an exception where there is a reasonable
possibility that the activity will have a significant effect on the environment due to unusual
circumstances. The proposed Project does not involve any unusual circumstances and has no
potential to result in a significant impact on the environment.
d) Under the “scenic highways” exception, a categorical exemption may be subject to
an exception where the project may result in damage to scenic resources within a highway
officially designated as a state scenic highway. The exception does not apply here as the Project
would not damage any scenic resources within a state scenic highway.
e) The Project is not located on a site which is included on any list compiled pursuant
to Section 65962.5 of the Government Code.
f) The Project site does not contain a historical resource.
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Resolution No. 2024-175
Resolution 2024-175
August 7, 2024
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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 ___ day of __________ 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-175
Resolution 2024-175
August 7, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-___, adopted at a regular meeting held on the ___ day of _______ 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Award of On-Call General Services Agreement and
Approval of Task Order Number 001 for design of
Drainage Improvements at 19th Street near
Massachusetts Avenue
(Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-176:
1. Approving Task Order Number 001 with Consultants Hernandez, Kroone &
Associates, Inc. in the amount of $64,930 for design of 19th Street near
Massachusetts Avenue Drainage Improvements. (Project); and
2. Authorizing the project design contingencies, project management, and
administrative costs in the total amount of $11,000 for design of the Project; and
3. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 Capital Improvement Plan by re-allocating $75,930 from the Storm Drain
Upgrade project to the 19th Street Drainage Improvements near Massachusetts
Ave project; and
4. Authorize the City Manager or designee to execute all documents necessary for
the Task Order with Hernandez, Kroone & Associates, Inc.; and
5. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project
Executive Summary
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Approving the task order for design of drainage improvements of 19th Street near
Massachusetts would result in the development of a comprehensive solution to
address the recurring flooding. The task order would allow the City to issue
Hernandez, Krooni & Associates a Notice to Proceed, initiating the process to
design the improvements. The Task Order will include Hernandez, Kroone &
Associates' design fee of $64,930, with additional funds recommended for design
contingencies, project management, and administrative costs amounting to
$11,000, bringing the total cost to $75,930.
Background
This project is funded with the use of Development Impact Fees (DIF). The fees are
charges levied on new development projects to fund the necessary infrastructure
and public services required by the growth. These fees are typically used for the
construction and improvement of roads, parks, schools, and other essential
facilities. However, DIF funds are restricted to being used only for the purposes for
which they were collected, ensuring they directly benefit the development areas that
generate them.
Discussion
The City is facing recurring flooding issues on 19th Street near the Massachusetts
Bridge, precipitated by inadequate storm water infrastructure. Water from higher
areas in the watershed cascades down 19th Street during rainy periods,
overwhelming the undersized curb outlet and causing extensive flooding along the
street. Subsequently, the water flows southward along an unimproved channel
towards 17th Street, inundating private properties and improved yards due to
insufficient drainage capacity and a flat slope.
The Public Works Department previously worked with the Purchasing Division of the
Finance Department to complete a formal Request for Proposal process (RFP) on
July 12, 2022, for various professional services. A total of 24 firms were awarded
Professional Services Agreements on November 16, 2022.
City staff requested design proposals from on-call engineering consultants for the
project. The City received two proposals included in the table below.
Consultant Name City Proposal Cost
Hernandez, Kroone & Associates, Inc.San Bernardino $64,930
IMEG Consultants Corp.Pasadena $69,335
Staff has reviewed the proposals and recommends Hernandez Kroone & Associates,
of San Bernardino, California to complete the design for this project. The proposal
demonstrated a clear understanding of the project needs and includes a competitive
price of $64,930. Additional funds are recommended for design contingencies, project
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management, and administrative costs in the amount of $11,000. The total cost of
design, design contingencies, project management, and administrative costs is
$75,930.
Staff also recommends appropriating funding from the existing Storm Drain Upgrade
project to fund the proposed 19th Street project. The Storm Drain Upgrade project is
typically used to complete similar projects and has an existing balance of
approximately $1,548,098.54. Creating a separate capital Improvement project will
facilitate project management and administrative processes. This action will not
impact any other ongoing storm drain projects.
The table below shows the project balance after both storm drain projects are adopted:
Storm Drain Upgrade $1,548,098.54
19th Street Storm Drain $75,930.00
*Hill & Acacia Storm Drain $125,980.00
Total Remaining After Both Projects $1,346,188.54
* Pending August 7th, 2024, MCC Approval
2021-2025 Strategic Targets and Goals
This project is consistent with Key Strategic Target and Goal No. 1: Improved
Operational & Financial Capacity – Minimize risk and litigation exposure. Approval of
this design services will result in public improvements being constructed that minimize
property damage and health risks through upgrading the existing drainage system.
Fiscal Impact
The fiscal impact for this item is $75,930. Fiscal Year 2024/25 CIP Budget will be
amended by transferring $75,930 from the Storm Drain Upgrade project to the W
Hill Drive near N Acacia Drainage Improvement project. There is no General Fund
impact associated with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-176:
1. Approve Task Order Number 001 with Consultants Hernandez, Kroone &
Associates, Inc. in the amount of $64,930 for design of 19th Street near
Massachusetts Avenue Drainage Improvements. (Project); and
2. Authorizing the project design contingencies, project management, and
administrative costs in the total amount of $11,000 for design of the Project; and
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1. Authorizing the Director of Finance and Management Services to amend the FY
2024/25 Capital Improvement Plan by re-allocating $75,930 from the Storm Drain
Upgrade project to the 19th Street Drainage Improvements near Massachusetts
Ave project; and
2. Authorize the City Manager or designee to execute all documents necessary for
the Task Order with Hernandez, Kroone & Associates, Inc.; and
3. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Attachments
Attachment 1 Resolution 2024-176
Attachment 2 Task Order Number 001 - Hernandez, Kroone & Associates
Attachment 3 Location Map
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
June 26, 2024 Mayor and City Council adopted Resolution No. 2024-142
approving and adopting the City of San Bernardino’s Operating
Budget and Capital Improvement Plan for Fisal Years 2024/25
and 2025/26.
November 16, 2022 Mayor and City Council approved award of a five-year On-Call
Services Agreements with various engineering firms.
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Resolution No. 2024-176
Resolution 2024-176
August 7, 2024
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RESOLUTION NO. 2024-176
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING TASK ORDER NUMBER 001 WITH
CONSULTANTS HERNANDEZ, KROONE & ASSOCIATES,
INC. IN THE AMOUNT OF $64,930 FOR 19TH STREET /
MASSACHUSETTS DRAINAGE IMPROVEMENTS.
(PROJECT); AND AUTHORIZING THE PROJECT DESIGN
CONTINGENCIES, PROJECT MANAGEMENT, AND
ADMINISTRATIVE COSTS IN THE TOTAL AMOUNT OF
$11,000 FOR DESIGN OF THE PROJECT; AND
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2024/25
CAPITAL IMPROVEMENT PLAN, AND RECORD A
SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF
$75,930 FROM THE STORM DRAIN UPGRADE PROJECT
FOR THE 19TH STREET DRAINAGE IMPROVEMENTS
NEAR MASSACHUSETTS AVE PROJECT; AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ALL DOCUMENTS NECESSARY FOR THE
TASK ORDER WITH HERNANDEZ, KROONE &
ASSOCIATES, INC.; AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXPEND THE
CONTINGENCY FUND, IF NECESSARY, TO COMPLETE
THE PROJECT.
WHEREAS, the City of San Bernardino (“City”) desires to design storm water drainage
improvements at 19th Street near Massachusetts Avenue to address recurring flooding (the
“Project”); and
WHEREAS, the City maintains a list of on-call engineering consultants to perform
engineering work for the City; and
WHEREAS, on November 16, 2022, the Mayor, and City Council awarded five-year On-
Call Professional Services Agreements with various engineering firms.
WHEREAS, the City desires to utilize Hernandez, Kroone, and Associates to perform
engineering work for the Project; and
WHEREAS, Hernandez, Kroone, and Associates is on the approved on-call engineering
consultants list; and
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Resolution No. 2024-176
Resolution 2024-176
August 7, 2024
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WHEREAS, on June 26, 2024 Mayor and City Council adopted Resolution No. 2024-142
approving and adopting the City of San Bernardino’s Operating Budget and Capital Improvement
Plan for Fisal Years 2024/25 and 2025/26.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to approve
Task Order Number 001 with Consultants Hernandez, Kroone & Associates, Inc. in the amount of
$64,930 for 19th Street / Massachusetts Drainage improvements (Project); and
SECTION 3. The Mayor and City Council hereby authorize the project design
contingencies, project management, and administrative costs in the total amount of $11,000 for
design of the Project; and
SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to amend the FY 2024/25 Capital Improvement Plan, and record a
supplemental appropriation in the amount of $75,930 from the Storm Drain Upgrade project for
the 19th Street Drainage Improvements near Massachusetts Ave project; and
SECTION 5. The Mayor and City Council hereby authorize the City Manager or
designee to execute all documents necessary for the Task Order with Hernandez, Kroone &
Associates, Inc.; and
SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee
to expend the contingency fund, if necessary, to complete the project.
SECTION 7.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 8.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 9. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-176
Resolution 2024-176
August 7, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-176
Resolution 2024-176
August 7, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-176, adopted at a regular meeting held on the ___ day of _______ 2024 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Lynn Merrill, Director of Public Works, Operations, and
Maintenance.
Department:Public Works
Subject:Approval of On-Call Professional Services Agreement
and approval of Task Order Number 001 for Drainage
Improvements at W Hill Drive near N Acacia Avenue
(Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-177:
1. Approving Task Order Number 001 with Rick Engineering Company, Inc,. in
the amount of $108,980.00 for design of W Hill Drive near Acacia Drainage
Improvements (Project); and
2. Authorizing design contingencies, project management, and administrative
costs in the amount of $17,000; and
3. Authorizing the Director of Finance and Management Services to amend the
FY 2024/25 Capital Improvement Plan by re-allocating $125,980 from the
Storm Drain Upgrade project to the W Hill Drive near N Acacia Drainage
Improvements project; and
4. Authorizing the City Manager or designee to execute an all documents
necessary for the Task Order with Rick Engineering Company; and
5. Authorizing the City Manager or designee to expend the contingency fund,
if necessary, to complete the project.
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Executive Summary:
Approving the task order for design services at W Hill Drive near N Acacia would
lead to addressing the challenges posed by the flow of natural spring water and
storm runoff along W Hill Drive. The proposal offers a comprehensive solution that
prioritizes environmental sustainability, infrastructure resilience, and community
safety. The Task Order would allow the City to issue Rick Engineering Company a
Notice to Proceed, initiating the process to design the improvements. The Task
Order will include Rick Engineering Company’s design fee of $108,980.00, with
additional funds recommended for design contingencies, project management, and
administrative costs amounting to $17,000, bringing the total cost to $125,980.
Background
This project is funded with the use of Development Impact Fees (DIF). The fees are
charges levied on new development projects to fund the necessary infrastructure
and public services required by the growth. These fees are typically used for the
construction and improvement of roads, parks, schools, and other essential
facilities. However, DIF funds are restricted to being used only for the purposes for
which they were collected, ensuring they directly benefit the development areas that
generate them.
Discussion
The City of San Bernardino's Public Works Department - Engineering Division seeks
proposals for design services to address flooding and road damage caused by the flow
of natural spring water and storm runoff along W Hill Drive. Currently, this water flows
from the northwest corner of W Hill Drive and N Acacia Avenue downstream to the
nearest Basin, located at N Mayfield Avenue and W Hill Drive. However, existing
drainage facilities are insufficient to handle this flow, leading to recurring issues.
Inadequate capacity of drainage facilities along W Hill Drive results in flooding and road
damage, posing risks to public safety and infrastructure integrity. The continuous flow
of natural spring water exacerbates these issues, necessitating a sustainable solution
to redirect the water to the designated basin.
The design aims to implement a diversion system that efficiently redirects the flow of
natural spring water and storm runoff from W Hill Drive to the nearest basin. By
optimizing the drainage infrastructure, the project will mitigate flooding, reduce road
damage, and enhance the overall resilience of the area.
The Public Works Department previously worked with the Purchasing Division of the
Finance Department to complete a formal Request for Proposal process (RFP) on July
12, 2022, for various professional services. A total of 24 firms were awarded
Professional Services Agreements on November 16, 2022.
City staff requested design proposals from on-call engineering consultants for the
project. The City received three proposals included in the table below.
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Consultant Name City Proposal Cost
Rick Engineering Company Riverside $108,980
NV5 San Diego $119,557
Hernandez, Kroone & Associates San Bernardino $124,040
Staff has reviewed the proposals and recommend Rick Engineering Company. of
Riverside, California to complete the design for this project. The proposal
demonstrated a clear understanding of the project needs and includes a competitive
price of $108,980.00. Additional funds are recommended for design contingencies,
project management, and administrative costs in the amount of $17,000. The total
cost of design, design contingencies, project management, and administrative costs
is $125,980.
Staff also recommends appropriating funding from the existing Storm Drain Upgrade
project to fund the proposed W Hill Drive project. The Storm Drain Upgrade project is
typically used to complete similar projects and has an existing balance of
approximately $1,548,098.54. Creating a separate capital Improvement project will
facilitate project management and administrative processes. This action will not impact
any other ongoing storm drain projects.
The table below shows the project balance after both storm drain projects are adopted:
Storm Drain Upgrade $1,548,098.54
Hill & Acacia Storm Drain $125,980.00
19th Street Storm Drain $75,930.00
Total Remaining After Both Projects $1,346,188.54
* Pending August 7th, 2024, MCC Approval
2021-2025 Strategic Targets and Goals
This project is consistent with Key Strategic Target and Goal No. 1: Improved
Operational & Financial Capacity – Minimize risk and litigation exposure. Approval of
this design services will result in public improvements being constructed that minimize
property damage and health risks through upgrading the existing drainage system.
Fiscal Impact
The fiscal impact for this item is $125,980. Fiscal Year 2024/25 CIP Budget will be
amended by transferring $125,980 from the Storm Drain Upgrade project to the W
Hill Drive near N Acacia Drainage Improvement project. There is no General Fund
impact associated with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution 2024-177:
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1. Approving Task Order Number 001 with Rick Engineering Company, Inc,. in
the amount of $108,980.00 for design of W Hill Drive near Acacia Drainage
Improvements (Project); and
2. Authorizing design contingencies, project management, and administrative
costs in the amount of $17,000; and
3. Authorizing the Director of Finance and Management Services to amend the
FY 2024/25 Capital Improvement Plan by re-allocating $125,980 from the
Storm Drain Upgrade project to the W Hill Drive near N Acacia Drainage
Improvements project; and
4. Authorizing the City Manager or designee to execute all documents
necessary for the Task Order with Rick Engineering Company; and
5. Authorizing the City Manager or designee to expend the contingency fund,
if necessary, to complete the project.
Attachments
Attachment 1 Resolution 2024-177
Attachment 2 Task Order Number 001 – Rick Engineering Company
Attachment 3 Location Map
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
June 26, 2024 Mayor and City Council adopted Resolution No. 2024-142
approving and adopting the City of San Bernardino’s Operating
Budget and Capital Improvement Plan for Fisal Years 2024/25
and 2025/26.
November 16, 2022 Mayor and City Council approved award of a five-year On-Call
Services Agreements with various engineering firms.
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Resolution No. 2024-177
Resolution 2024-177
August 7, 2024
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RESOLUTION NO. 2024-177
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING TASK ORDER NUMBER 001 WITH RICK
ENGINEERING COMPANY, INC,. IN THE AMOUNT OF
$108,980.00 FOR DESIGN OF W HILL DRIVE NEAR
ACACIA DRAINAGE IMPROVEMENTS (PROJECT); AND
AUTHORIZING DESIGN CONTINGENCIES, PROJECT
MANAGEMENT, AND ADMINISTRATIVE COSTS IN THE
AMOUNT OF $17,000; AND AUTHORIZING THE
DIRECTOR OF FINANCE AND MANAGEMENT SERVICES
TO AMEND THE FY 2024/25 CAPITAL IMPROVEMENT
PLAN, AND RECORD A SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $125,980 FROM
THE STORM DRAIN UPGRADE PROJECT FOR THE W
HILL DRIVE NEAR N ACACIA DRAINAGE
IMPROVEMENTS PROJECT; AND AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO EXECUTE ALL
DOCUMENTS NECESSARY FOR THE TASK ORDER
WITH RICK ENGINEERING COMPANY; AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO
COMPLETE THE PROJECT.
WHEREAS, the City of San Bernardino (“City”) desires to design storm water drainage
improvements at Hill Drive near Acacia Avenue to address recurring flooding (the “Project”); and
WHEREAS, on November 16, 2022, the Mayor, and City Council awarded five-year On-
Call Professional Services Agreements with various engineering firms.
WHEREAS, the City desires to utilize Rick Engineering Company to perform engineering
work for the Project; and
WHEREAS, Rick Engineering Company is on the approved on-call engineering
consultants list; and
WHEREAS, on June 26, 2024 Mayor and City Council adopted Resolution No. 2024-142
approving and adopting the City of San Bernardino’s Operating Budget and Capital Improvement
Plan for Fisal Years 2024/25 and 2025/26.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
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Resolution No. 2024-177
Resolution 2024-177
August 7, 2024
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SECTION 2. The Mayor and City Council hereby authorize the City Manager to approve
Task Order Number 001 with Consultants Rick Engineering Company, Inc. in the amount of
$108,980 for 19th Street / Massachusetts Drainage improvements. (Project); and
SECTION 3. The Mayor and City Council hereby authorize the project design
contingencies, project management, and administrative costs in the total amount of $17,000 for
design of the Project; and
SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and
Management Services to amend the FY 2024/25 Capital Improvement Plan, and record a
supplemental appropriation in the amount of $125,980 from the Storm Drain Upgrades project for
the Hill Drive Drainage Improvements near Acacia Avenue project; and
SECTION 5. The Mayor and City Council hereby authorize the City Manager or
designee to execute all documents necessary for the Task Order with Rick Engineering Group,
Inc.; and
SECTION 6. The Mayor and City Council hereby authorize the City Manager or designee
to expend the contingency fund, if necessary, to complete the project.
SECTION 7.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 8.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 9. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 7th day of August 2024.
Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2024-177
Resolution 2024-177
August 7, 2024
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Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-177
Resolution 2024-177
August 7, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-177, adopted at a regular meeting held on the 7th day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager; Kenneth Chapa, Director
of Economic Development
Department:Economic Development
Subject:Award of Professional Services Agreement for Consulting
Services for the Administration of Special Districts,
Assessment Districts, and Community Facility Districts
(All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-179:
1. Approving the award of a Professional Services Agreement with Spicer
Consulting Group, LLC, for a three-year term through July 31, 2027, with two
(2) twelve (12) month extension options, with the total Agreement amount not
to exceed $1,203,370, and authorize the City Manager to execute all documents
to effectuate the Agreement; and
2. Authorize the Director of Finance & Management Services to issue a purchase
order in the amount of $1,203,370.
Executive Summary
The recommended action will award a Professional Services Agreement (PSA) to
Spicer Consulting Group, LLC, for a three-year period, with a total Agreement amount
not to exceed $1,203,370, for consulting services related to the establishment,
administration, apportionment, and delinquency monitoring of the special assessment
districts and community facility districts.
Background
The City of San Bernardino is currently responsible for administering and managing 69
active Maintenance Assessment Districts (MADs). Property owners included in each
district financially contribute by way of special assessments that are levied annually.
The assessments generated within a specific geographical benefit area may only be
spent to support improvements within that specific district. The assessment of an
annual fee upon properties within each District provides the revenue to offset the cost
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of maintenance of the public improvements necessary to serve the development.
The City has transitioned to the implementation of Community Facilities Districts
(CFDs) which allow for the expanded financing of public improvements and services
including, but not limited to, landscaping, lighting, streets, sewer systems and other
basic infrastructure improvements, police protection, graffiti removal, schools, parks
and trails. CFDs have the ability to fund the much-needed ongoing maintenance
demands that typically accompany a new development. The City currently manages 2
services CFDs (2019-1 / Maintenance and 2018-1 / Safety) and 4 Facility CFDs (3
bonded, 1 not bonded).
On March 26, 2024, the City of San Bernardino released a Request for Proposal related
to the Establishment, Administration, Apportionment, and Delinquency Monitoring of
the Special Assessment Districts, and Community Facility Districts within the City of
San Bernardino (RFP# F-24-100). The review committee received and processed all
qualified proposals and ultimately awarded the Agreement to Spicer Consulting Group,
LLC.
Discussion
Spicer Consulting Group, LLC, possesses a tremendous amount of highly specialized
experience in administering these types of special financing districts for cities,
providing the support for the much-needed revenues that these districts provide for
ongoing maintenance services. The City has experienced a significant increase in new
Annexation and Assessment District formation requests during the past three years.
The previous Agreement with Spicer Consulting Group, LLC, lapsed on June 30,
2024.
Staff is recommending that the Mayor and City Council award a Professional Services
Agreement with Spicer Consulting Group, LLC, for a three-year term through July 31,
2027, with two (2) twelve (12) month extension options, with the total Agreement
amount not to exceed $1,203,370, and authorize the City Manager to execute all
documents to effectuate the Agreement. Additionally, Staff is asking that the Mayor
and City Council authorize the Director of Finance & Management Services to issue a
purchase order in the amount of $1,203,370.
2021-2025 Strategic Targets and Goals
The award of the Agreement with Spicer Consulting Group aligns with Key Target No.
1: Improved Operational and Financial Capacity. The proposed consulting services will
assist the City with forming, levying, and maintaining the special districts that offset the
ongoing maintenance costs that would otherwise impact the General Fund.
Fiscal Impact
There is no General Fund impact associated with this action. Funding for the
establishment, administration, apportionment, and delinquency monitoring of the
Special Assessment Districts, and Community Facility Districts are recovered through
the administrative costs assessed to each district during the annual levy process.
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Annexations, new formations, and bond issuance fees are recovered directly through
developer or applicant deposits.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2024-179:
1. Approving the award of a Professional Services Agreement with Spicer
Consulting Group, LLC, for a three-year term through July 31, 2027, with two
(2) twelve (12) month extension options, with the total Agreement amount not
to exceed $1,203,370, and authorize the City Manager to execute all documents
to effectuate the Agreement; and
2. Authorize the Director of Finance & Management Services to issue a purchase
order in the amount of $1,203,370.
Attachments
Attachment 1 - Resolution No. 2024-179
Attachment 2 – RFP# F-24-1000
Attachment 3 – PSA, Spicer Consulting Group, LLC
Ward:
All Wards
Synopsis of Previous Council Actions:
None
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Resolution No. 2024-179
Resolution 2024-179
August 7, 2024
Page 1 of 3
RESOLUTION NO. 2024-179
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF A PROFESSIONAL
SERVICES AGREEEMENT WITH SPICER CONSULTING
GROUP, LLC, FOR A THREE-YEAR TERM THROUGH
JULY 31, 2027, WITH TWO (2) TWELVE (12) MONTH
EXTENSION OPTIONS, WITH THE TOTAL AGREEMENT
AMOUNT NOT TO EXCEED $1,203,370, AND AUTHORIZE
THE CITY MANAGER TO EXECUTE ALL DOCUMENTS
TO EFFECTUATE THE AGREEMENT, AND AUTHORIZE
THE DIRECTOR OF FINANCE & MANAGEMENT
SERVICES TO ISSUE A PURCHASE ORDER IN AN
AMOUNT OF $1,203,370
WHEREAS, the City of San Bernardino is currently responsible for the administration and
management of 69 active Maintenance Assessment Districts located within the City of San
Bernardino; and
WHEREAS, the City of San Bernardino has transitioned away from implementing new
Maintenance Assessment Districts to the implementation of Community Facilities Districts to
allow for expanded financing of public improvements and services; and
WHEREAS, the City of San Bernardino currently manages 2 service Districts and 4
Facility Districts; and
WHEREAS, these Special Assessment Districts require consulting services related to the
establishment, administration, apportionment, and delinquency monitoring; and
WHEREAS, On March 26, 2024, the City of San Bernardino released a request for
proposal (RFP# F-24-1000), soliciting proposals for consulting services related to the
establishment, administration, apportionment, and delinquency monitoring of these Special
Assessment Districts; and
WHEREAS, the City of San Bernardino reviewed all proposals received in connection
with RFP# F-24-1000 and awarded the Professional Services Agreement to Spicer Consulting
Group, LLC.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his or her designee is hereby authorized and directed
to execute all documents to effectuate the award of a Professional Services Agreement with Spicer
Consulting Group, LLC, good through June 30, 2027, with a total Agreement amount not to exceed
$1,203,370 (One Million, Two Hundred and Three Thousand, Three Hundred and Seventy
Dollars).
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Resolution No. 2024-179
Resolution 2024-179
August 7, 2024
Page 2 of 3
SECTION 3.The Director of Finance & Management Services or his or her designee is
hereby authorized and directed to issue a Purchase Order to Spicer Consulting Group, LLC, in the
amount of $1,203,370 (One Million, Two Hundred and Three Thousand, Three Hundred and
Seventy Dollars).
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 7th day of August, 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-179
Resolution 2024-179
August 7, 2024
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-179, adopted at a regular meeting held on the 7th day of August 2024 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2024.
Genoveva Rocha, CMC, City Clerk
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager; Gabriel Elliott, Director of
Community Development &Housing
Department:Community Development & Housing
Subject:HOME Investment Partnership Program Infill Housing
Master Development Agreement with Neighborhood
Partnership Housing Services Community
Redevelopment, Inc. (Wards 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2024-178, authorizing the execution of the HOME Investment
Partnership Program Infill Housing Development Master Agreement between the
City of San Bernardino and Neighborhood Partnership Housing Services
Community Redevelopment, Inc.; and
2. Approve the HOME Investment Partnership Program Infill Housing Development
Master Agreement between the City of San Bernardino and Neighborhood
Partnership Housing Services, Inc., which:
a. Is in the amount of $744,000.
b. Authorizes the transfer of ownership of 3 blighted parcels from the City of
San Bernadino to NPHS Community Redevelopment, Inc.
3. Authorize the Director of Finance & Management Services to amend the Fiscal
Year 2024-2025 Operating Budget by $744,000 using HOME Investment
Partnership fund balance; and
4. Authorize the City Manager, or designee, to take further actions and execute any
further documents as necessary to effectuate the agreements.
Executive Summary
NPHS proposes to utilize the HOME funds to develop affordable ownership units on
three parcels located in the City of San Bernardino: 1356 Hillside Drive, 1384 Hillside
Drive, and 1394 Hillside Drive (collectively, “Project”). This will have no impact on the
City’s General Fund.
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Background
In 2016, the City initiated the Infill Housing Program, funded through the U.S.
Department of Housing and Urban Development’s HOME Investment Partnership
Program (HOME), which utilizes City-owned properties to construct single-family
manufactured houses or rehabilitate existing vacant dwellings. Once constructed, or
rehabilitated, the properties are sold to households whose incomes do not exceed
80% of the area median income (AMI) for the County of San Bernardino. For example,
in 2024, the 80% AMI for a family of four is $82,000. The goals of the Infill Housing
Program include but are not limited to, encouraging home ownership, stabilizing
neighborhoods, and improving economic conditions.
As part of the City’s participation in the 2020 Accelerating Investments in Healthy
Communities (AIHC) initiative, the City was able to directly promote the potential
housing programs to Dignity Health's Community Investment Group (CIG) and the
Robert Wood Johnson Foundation. As a result of this effort, a $2.1 million line of credit
and a $1.5 million revolving loan fund were secured for housing production throughout
the City.
On December 2, 2020, the Mayor and City Council adopted Resolution No. 2020-281,
authorizing the execution of the HOME Infill Housing Development Master Agreement
with NPHS. The HOME Agreement provided grant funding in an amount not to exceed
$350,000. In 2022, Phase I was completed for the following properties:
676 W. 10th Street
2129 Wall Avenue
815 W. Orange Street
NPHS previously leveraged the CIG line of credit in conjunction with the HOME funds
from the City to complete Phase I and is now ready to start Phase II.
Discussion
For Phase II, NPHS is requesting that the City donate the following three vacant parcels
to NPHS at no cost:
1356 Hillside Drive
1384 Hillside Drive
1394 Hillside Drive
The donation of parcels from the City to the developer is a common practice among
projects of this type and is consistent with how the previous phase was carried out.
This approach will ensure that the homes remain affordable for low-income families.
Subsequently, NPHS proposes to place single-family a manufactured house on each
parcel. The Project is proposed to be financed through the following funding sources:
1. $744,000 in HOME funds provided by the City,
2. $750,000 in a Dignity Health line of credit secured by NPHS, and
3. Approximately $259,000 in CalHOME funds awarded to NPHS, which will be
provided as downpayment assistance to each homebuyer and will not be utilized
as a construction funding source.
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To comply with federal HOME requirements, an analysis of NPHS, a Community
Development Housing Organization (CHDO), includes the following components:
1. An underwriting assessment to determine the feasibility and to ensure that no
more than the necessary amount of HOME funds, in combination with other
governmental assistance, is invested by the City to provide affordable housing.
Additionally, an assessment of the reasonableness of the Developer Fee and
return on investment anticipated to be generated by the Project.
2. An evaluation of NPHS’s capacity to develop the Project and sell the units.
3. An assessment of the market for the Project.
4. An assessment of other HOME requirements and deadlines, including the
financial commitment documentation submitted by NPHS.
The City must execute a written agreement before committing HOME funds to the
Project. The written agreement must capture the Project and financing terms that result
from the underwriting process. The following summarizes the financial deal points that
must be memorialized in the written agreement:
1. The City must enter into a HOME Infill Housing Development Master Agreement
with NPHS.
2. NPHS must construct homebuyer projects on the Eligible Properties as defined
in the Agreement.
3. The units must be sold to households earning up to 80% of the area median
income for San Bernardino County (AMI).
4. The City proposes to provide a $744,000 grant of HOME funds to NPHS for the
Project, with any program income returned to the City.
5. Given that the City will provide more than $40,000 in HOME funds per unit, the
affordability restrictions must remain in effect for 15 years.
6. A portion of the HOME funds will be a grant secured as silent mortgages against
each of the three properties upon the sale of each unit.
The Project’s construction period costs are estimated at $1.494 million while NPHS’
secured construction funding sources are estimated at $750,000, resulting in a
construction period financial gap of approximately $744,000. The construction period
financial gap is equal to NPHS’s request for $744,000 in HOME funds from the City.
Thus, the analysis demonstrates that the proposed $744,000 in HOME assistance is
necessary to provide the proposed affordable housing units. This is referred to as
“HOME Construction Assistance.”
The Project consists of the development of three ownership units that will be sold to
low-Income homebuyers whose incomes do not exceed 80% of the area median
income (AMI) for the County of San Bernardino. NPHS set the sales prices at $453,000
per unit, the 2023 Maximum HOME Sales Price, resulting in an anticipated $1.359
million in sales revenue. To ensure the affordability of these units for low-income
households, NPHS will leverage CalHOME funding as downpayment assistance for
each homebuyer. Approximately $610,000 of the $744,000 Permanent HOME
Assistance will be secured as silent mortgages in a second-lien priority position, with
the remaining $134,000 structured as a development subsidy to NPHS. Additionally,
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the City’s goal of creating affordable housing will be secured through an affordability
restriction on the properties. This restriction will remain in place for 15 years, ensuring
that the homes remain affordable to both initial and future buyers.
NPHS has demonstrated the development capacity and fiscal soundness to undertake
the Project. Given that the proposed 1st trust deeds are below the average sales prices
supported by the sales comparable as well as the 2023 Maximum HOME Sales Price,
it can be determined that there will likely be sufficient demand to absorb the units.
2021-2025 Strategic Targets and Goals
Authorization to execute the HOME Master Agreement with NPHS aligns with Key
Target No. 3. Improved Quality of Life, by bringing development investments into the
City, leveraging limited City resources, and increasing the City’s appearance,
cleanliness, and attractiveness.
Fiscal Impact
There is no fiscal impact to the General Fund for this item. Fiscal Year 2024/25
Operating Budget will be amended by $744,000 using HOME Investment Partnership
fund balance.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2024-178, authorizing the execution of the HOME Investment
Partnership Program Infill Housing Development Master Agreement between the City
of San Bernardino and Neighborhood Partnership Housing Services Community
Redevelopment, Inc.; and
2. Approve the HOME Investment Partnership Program Infill Housing
Development Master Agreement between the City of San Bernardino and
Neighborhood Partnership Housing Services, Inc., which:
a. Is in the amount of $744,000.
b. Authorizes the transfer of ownership of 3 blighted parcels from the City of
San Bernadino to NPHS Community Redevelopment, Inc.
3. Authorize the Director of Finance & Management Services to amend the Fiscal
Year 2024-2025 Operating Budget by $744,000 using HOME Investment Partnership
fund balance; and
4.Authorize the City Manager, or designee, to take further actions and execute any
further documents as necessary to effectuate the agreements.
Attachments
Attachment 1 – Resolution 2024-178
Attachment 2 – HOME Infill Housing Development Master Agreement
Attachment 3 – NPHS Infill Housing PowerPoint Presentation
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Ward:
Second Ward
Synopsis of Previous Council Actions:
October 20, 2021 Mayor and City Council adopted Resolution No. 2021-248
authorizing the execution of Amendment No. 1 to the Home
Investment Partnership Program Infill Housing Development
Master Agreement between NPHS San Bernardino
Developments, LLC that would allow NPHS to retain program
income for additional HOME-eligible activities.
December 2, 2020 Mayor and City Council adopted Resolution No. 2020-281,
authorizing the execution of Home Investment Partnerships
Program Infill Housing Development Master Agreement with
Neighborhood Partnership Housing Services.
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Resolution No. 2024-178
Resolution 2024-178
August 7, 2024
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RESOLUTION NO. 2024-178
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF TO THE HOME INVESTMENT PARTNERSHIPS
PROGRAM INFILL HOUSING DEVELOPMENT MASTER
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
NPHS COMMUNITY REDEVELOPMENT, INC.
WHEREAS, the City has received HOME Investment Partnership Act ("HOME")
funds form the United States Department of Housing and Urban Development ("HUD")
pursuant to the Cranston-Gonzalez National Housing Act of 1990, The HOME funds must
be used by the City in accordance with 24 CFR Par 92; and
WHEREAS, the HOME Program is designed to create affordable housing for low
and moderate income households and may be used to fund a wide range of activities
including the building, buying, and/or rehabilitation of affordable housing for rent or
homeownership or providing direct rental assistance; and
WHEREAS, NPHS San Bernardino Developments, LLC ("Developer") is a qualified
developer for the purpose of constructing or reconstructing infill housing on blighted or
underutilized sites ("Eligible Properties") and selling the Eligible Properties to qualified
households; and
WHEREAS, the Infill Housing Program was approved by the Mayor and City Council
on September 19, 2016; and
WHEREAS, the City and Developer will enter into an Infill Housing Development
Master Agreement in the amount of $744,000, setting forth the terms and conditions under
which Developer would construct or reconstruct infill housing on blighted or underutilized
sites and sell those properties to households whose income does not exceed 80 percent of
the area median income ("Agreement"); and
WHEREAS, the parcels are identified as 1356 Hillside Drive (APN, 0147-224-1-0-
000; 1384 Hillside Drive (APPN, 0147-224-28-0-000); 1394 Hillside Drive (APN, 0147-
224-20-0-000).
WHEREAS, the City will transfer the title of the above-mentioned properties from
the City to the Developer for the purpose of constructing affordable housing units.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by
this reference.
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Resolution No. 2024-178
Resolution 2024-178
August 7, 2024
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SECTION 2. The Mayor and City Council do hereby authorize the City Manager,
Deputy City Manager, or designee to execute the Agreement, attached hereto and
incorporated herein by this reference.
SECTION 3. The Mayor and City Council do hereby authorize the Director of
Finance & Management Services to amend the Fiscal Year 2024-2025 Operating Budget by
$744,000 using HOME Investment Partnership fund balance.
SECTION 4. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Where it can be seen with certainty, as in this case, that there is
no possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications, and to this end the provisions of this Resolution are declared to
be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and
attested by the City Clerk this 7th day of August 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2024-178
Resolution 2024-178
August 7, 2024
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2024-178, adopted at a regular meeting held on the 7th day of August 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 8th day of August 2024.
Genoveva Rocha, CMC, City Clerk
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DISCUSSION
City of San Bernardino
Request for Council Action
Date:August 7, 2024
To:Honorable Mayor and City Council Members
From:Rochelle Clayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department:Economic Development
Subject:Small Business Grant Program, Round Two: Proposed
Award Amount Increase (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California amend the Small Business Grant Program, Round Two, increasing the
award amounts from $5,000 & $10,000 to $10,000 & $20,000.
Executive Summary
The proposed action will increase the award amounts under the Small Business Grant
Program, Round Two. The Small Business Grant Program utilizes American Rescue
Plan Act (ARPA) funds to benefit business that qualify for funding under the Program
guidelines. The initial response and feedback from the small business community
supports that the maximum impact to small businesses would be achieved through
increasing the grant award amounts.
Background
The City of San Bernardino was awarded $77 million under the American Rescue Plan
Act (ARPA). Treasury issued the final ARPA guidance for the use of the funds on
January 6, 2022, providing clarification on allowable investments, but generally not
expanding the list of eligible projects and programs. The City is working within the
guidance, focusing on investments in Qualified Census Tracts (QCTs) and other
priority investments.
The allowable investments include providing assistance for small businesses that have
experienced a negative impact resulting from the COVID-19 pandemic. In February of
2022, Council directed Staff to develop a small business and non-profit grant program.
The Mayor and City Council unanimously approved Resolution No. 2022-26, allocating
$4,000,000 for the funding of the Small Business Grant Program.
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Staff implemented Council’s direction to develop a Small Business and Non-Profit
Grant Assistance Program for San Bernardino based organizations. In collaboration
with the Inland Empire Small Business Development Center (SBDC), staff established
the framework for grant assistance to businesses and organizations that were
negatively impacted by COVID-19 or are qualified as an “underserved small business
group.” In order to provide the greatest small business and non-profit support, the
program requires applicants to participate in business training offered by the SBDC at
no cost to the applicant.
On August 2, 2023, the Mayor and City Council approved a program reallocation of
$873,700 of ARPA funds from the Small Business Grant Program to the
Entrepreneurial Development Services and Resource Center (the “ERC“, also known
as the Aspen Institute Initiative). The task of establishing the ERC and insuring a
minimum operating period of three years required a total investment of $1,873,700
from the City of San Bernardino. This allocation reduced the to total available funds
allocated to the Small Business Grant program to $3,126,300.
During the first round of the Small Business Grant Program, the City of San Bernardino
awarded $2,575,000 of the available $3,126,300 in grant funding to 105 local small
businesses and non-profit organizations. Individual grant award amounts varied from
$10,000 to the program maximum of $35,000. A total of 87 local small businesses and
18 non-profit organizations received grants during the first round of funding. The first
round of funding for the Small Business Grant Program closed leaving a remaining
fund balance of $551,300.
On March 6, 2024, the Mayor and City Council approved the Second Round of the
Small Business Grant program, amending the proposed grant award amounts to
$5,000 and $10,000.
Discussion
The City of San Bernardino’s small business community continues to face significant
challenges due to the lingering impacts of the COVID-19 pandemic. The initial round
of funding provided essential relief to 105 grant recipients. Despite these efforts, many
local businesses continue to struggle and fully recover.
Staff opened the second round of the Small Business Grant Program on May 1, 2024.
Since this time, the City has received 101 applications, with 29 being deemed eligible
for grant funding. Round two of the Small Business Grant Program currently has a total
of $551,300 of funds available to distribute to San Bernardino businesses.
The current award amounts authorized by Council ($5,000 & $10,000) would fail to
exhaust the remaining program funds of $551,300. Staff is hereby recommending that
Council consider increasing the grant awards to $10,000 & $20,000. A higher grant
award amount will make a significant difference in ensuring the sustainability of these
vital small businesses. Providing larger grants will address the substantial financial
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gaps that many businesses are experiencing, allowing them to invest in critical areas
such as staffing, inventory, and working capital.
Small Business Program Grant award structure, Round Two:
Current Grant Thresholds:
Proposed Amended Grant Thresholds:
The successes experienced during the first round of the Small Business Grant Program
highlights the demand of implementing such grant programs. The need for further
assistance is well supported by the overwhelming response of applications received
during round two of the Small Business Grant Program. Increasing the grant award
amounts enables the City to make a more meaningful difference in the lives of small
business owners and their employees, fostering a stronger, more resilient community.
2021-2025 Strategic Targets and Goals
The use of the American Rescue Plan Funds, as outlined, aligns with Key Target No.3.
Improved Quality of Life by investing in businesses and services that positively impact
the San Bernardino community; and Key Target No. 4. Economic Growth and
Development by investing in the economic development of local San Bernardino-
based businesses.
Fiscal Impact
There is no impact to the General Fund. The proposed action will expend the remaining
fund balance allocated to The Small Business Grant Program of $551,300.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California amend the Small Business Grant Program, Round Two, increasing the
award amounts from $5,000 & $10,000 to $10,000 & $20,000.
Attachments
Attachment 1 – Original Small Business Grant, Round Two Guidelines
Attachment 2 – Amended Small Business Grant, Round Two Guidelines
Attachment 3 – US Treasury ARPA Guidelines
Attachment 4 – Resolution No. 2022-26, ARPA Fund Allocations
Attachment 5 – PowerPoint
Ward:
All Wards
Synopsis of Previous Council Actions:
August 4, 2021 Mayor and City Council received a report and discussed the
allocation of American Rescue Plan funds.
October 20, 2021 Mayor and Council adopted Resolution 2021-247 which
committed American Rescue Plan funds to eligible projects and
programs, and amended the 2021/22 Budget by $8,160,000.
February 2, 2022 Mayor and Council adopted Resolution 2022-26 which
committed American Rescue Plan funds to eligible projects and
programs.
September 21, 2022 Mayor and Council approved Round One Small Business and
Non-Profit Training & Grant Program Guidelines
March 6, 2024 Mayor and Council approved Round Two Small Business
Training & Grant Program Guidelines
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