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HomeMy WebLinkAbout48-City Manager ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: City Manager's Office Subject: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT WITH SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) ESTABLISHING THE CITY OF SAN BERNARDINO AS A COMPASS 2% STRATEGY DEMONSTRATION COMMUNITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT DOCUMENTS From: Fred Wilson, City Manager Date: June 7,2006 MICC Meeting Date: June 19, 2006 Synopsis of Previous Council Action: Recommended Motion: Adopt resolution. Contact person: Lori Sassoon Phone: 5122 Supporting data attached: staff report resolution Ward: all agreement FUNDING REQUIREMENTS: Amount: none Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Reso. ;J-60h-l J~ Wb Agenda Item No. $- STAFF REPORT Subiect: Resolution authorizing the Mayor to execute a Cooperative Agreement with Southern California Association of Governments (SCAG) establishing the City of San Bernardino as a Compass 2% Strategy Demonstration Community, and authorizing the City Manager to execute grant documents Backl!round: Southern California Association of Governments (SCAG) has adopted a regional growth plan that calls for the southern California area to increasingly rely on land use strategies to manage growth. SCAG's Compass 2% Strategy serves this purpose, embodying the idea that "small, incremental, and strategic changes in small parts of the region can yield great beneht to the Southern California region as a whole as well as to the individual cities". SCAG's analysis shows that if just 2% of the region's land area can be developed using smart growth strategies, the region will reap significant economic, mobility, and environmental benefits locally, subregionally and regionally. SCAG has offered the opportunity for a community or project to be a showcase Demonstration Project - one that exemplifies shared principles and goals between the Compass program and a community's vision. Demonstration Projects will benefit from SCAG staff time, financial resources, technical assistance, and/or consultant services to promote examples of creative, forward-thinking, and sustainable development solutions that fit local needs and support shared regional values. In December, staff from EDA, Development Services, and SANBAG met with SCAG staff to discuss a possible demonstration project in the downtown/depot district area. In early January, the City was informed that SCAG staff was impressed with the City's project and has recommended designation as a demonstration project. The Scope of Work, which is attached to the proposed Cooperative Agreement, details the project. The focus of the project will be to examine transit-oriented design (TOD) at the planned Omnitrans TransCenter at Rialto/E Street, and along the corridor extending north along E Street into the downtown area. This will include opportunities and constrains analysis, development of TOD conceptual designs, visioning workshops, stakeholder meetings, economic development analysis of selected parcels, and finally a TOD concept plan. The project will also include economic development analysis to evaluate potential TOD development at the current El Tigre site across from the Santa Fe Depot. The analysis of the El Tigre site will be completed by early July, while the remainder ofthe project will be completed over the next six (6) months. Participation as a Demonstration Community will have a number of benefits for the City. Through partnership with Omnitrans and San Bernardino Associated Governments (SANBAG), the planned Rialto/E St. TransCenter is poised to become the major hub of intermodal transit in the region, with Metrolink, bus service, bus rapid-transit (BRT), and San Bernardino-Redlands light rail service all converging at the site. By including TOD at the site and along the corridor to the north, and linking it to the pending development at the Carousel Mall, the City can capitalize on this unique opportunity to attract further homeownership and commercial development opportunities to the downtown area. At the EI Tigre site, the owner is interested in redeveloping the site as a possible location for a new grocery store and other retail tenants. Because of its location adjacent to the Metrolink Station and the Depot, the site may be more appropriate for a mixed-use TOO. However, it is unclear if current market demand will support TOO at the site, and if not, a well-planned shopping center development may be the best option at this time. The economic development analysis will assist both the City and the property owner in determining the best use for this important property. At the June 18 meeting of the Mayor and Council. SCAG staff will make a presentation concerning the Compass 2% Strategy and the proposed project in San Bernardino. Financial impact: SCAG will pay the entire costs of the consultant's work, using federal grant funds secured for its regional planning effort. The value of the services provided by SCAG and its consultants is estimated at approximately $45,000. The City will provide a 20% grant match in the form of in- kind services. Recommendation: Adopt resolution 9 10 11 12 13 14 1 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE AGREEMENT WITH SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) ESTABLISHING THE CITY OF SAN BERNARDINO 5 AS A COMPASS 2% STRATEGY DEMONSTRATION COMMUNITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT DOCUMENTS 6 7 8 4 WHEREAS, the Southern California Association of Governments' (SCAG) Compass Growth Vision and 2% Strategy are critical to solving the gro\\1h challenges that communities in Southern California face; and WHEREAS, the City of San Bernardino wishes to enter into an agreement with the SCAG to work collaboratively on as a Compass 2% Demonstration Community; and WHEREAS, the City of San Bernardino committed to exploring options that will ensure the timely and realistic implementation of the results of this planning effort; NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized 15 and directed to execute on behalf of said City an Agreement with Southern California 16 Association of Governments (SCAG), a copy of which is attached hereto, marked Exhibit "A" 17 18 19 and incorporated herein by reference as though fully set forth at length. SECTION 2. The City of San Bernardino extends its support to SCAG to ensure a timely, cooperative, and productive process, resulting in a useful and innovative 20 21 product that addresses the specific needs and desires of our City while implementing the 22 regional Compass Growth Vision. 23 24 25 26 27 28 SECTION 3. The City Manager is hereby authorized to execute grant documents related to the scope of work and the City's related in-kind grant match, as may be requested by SCAG from time to time. SECTION 4. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. YLo 'f 8 tp /19/06 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A 3 COOPERATIVE AGREEMENT WITH SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) ESTABLISHING THE CITY OF SAN BERNARDINO 4 AS A COMPASS 2% STRATEGY DEMONSTRATION COMMUNITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT DOCUMENTS 5 6 7 and Common Council of the City of San Bernardino at a 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor meeting thereof, held on the _ day of 9 10 Council Members: 11 ESTRADA 12 BAXTER 13 14 MCGINNIS 15 DERRY 16 KELLEY 17 JOHNSON 18 MC CAMMACK 19 20 , 2006, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 21 City Clerk The foregoing resolution is hereby approved this 22 2006. 23 24 25 26 Approved as to Form: day of Patrick J. Morris, Mayor City of San Bernardino i / COOPERATIVE AGREEMENT This Agreement is entered into this day of June 2006, by and bet\\een Southern California Association of Governments, CSCAG") and the City of San Bernardino CCITY" or "San Bernardino"). WITNESSETH: WHEREAS, the City of San Bernardino wishes to enter into an agreement with SCAG to work collaboratively on a Compass 2% Strategy, with the goal of conducting transit-oriented development (TOO) concept planning within '/4 mile around the future TransCenter station area at Rialto and E Street and along the BRT line from Rialto through the downtown area, as well as economic development analysis for selected parcels/product types within the study area; WHEREAS, the City's participation in this important planning effort will benefit its citizens: and NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. a. SCAG agrees to perform the Scope of Work at no cost to the City (i.e., in-kind services), as set forth in the "Scope of Work," Exhibit A, attached hereto and incorporated by this reference. The SCAG Project Manager shall coordinate work related to this Project through the City Project Manager, Lori Sassoon. SCAG shall furnish all technical and professional services necessary to perform the tasks set forth in this Agreement. The SCAG Project Manager and staff shall supply resources for this Project as described in the Scope of Work, and oversee the SCAG Consultant team throughout the duration of the Project. and shall coordinate with the other project participants. b. SCAG shall procure a Consultant to assist SCAG in performing the services as set forth in the Scope of Work, subject to the execution of a valid, enforceable contract between SCAG and its Consultant. SCAG shall maintain final approval of all Consultant deliverables. e. The City agrees to provide available information concerning potential redevelopment sites, and to provide SCAG with staff expertise and resources as needed, including necessary City data, at no cost to SCAG. As it is understood that SCAG will be funding this project through the use of federal grant funds, the City further agrees to provide grant match in the form of in-kind services as described in the sample "Match Commitment Letter", Exhibit B, attached hereto and incorporated herein by this reference. 2. OWNERSHIP OF MATERIALS. All products, documents, analysis, and materials provided pursuant to the Scope of Work, shall become thc property of SCAG at completion of the Project. 3. TERM; SEVERABILITY. The term of this Agreement shall commence on July I, 2006, and terminate on June 30, 2007, unless previously modified, amended, or cancclled by the written mutual consent of the parties. This Agreement may be tcrminated at any time by thirty (30) days written notice by either party. In the event a party terminates for cause, it shall provide a reasonable opportunity for the other party (0 cure prior to termination. The tenns of this contract shall remain in force unless mutually amended. The duration of this contract may be extended with the written consent of both parties. 4. LIMIT AnON OF LIABILITY In no event shall either party be liable to the other party in connection with the proVISIOn or use of the services for claims, demands, costs or damages arising from or connected with this Agreement. 2 5. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, SCAG shall not discriminate on the basis of race, creed, color, religion, sex. physical handicap, ethnic background or country of origin. 6. INDEPENDENT CONTRACTOR. SCAG shall perform work tasks provided by this Agreement but for all intents and purposes SCAG shall be an independent contractor and not an agent or employee of the CITY. 7. NOTICES. Any notice to be given pursuant to this Agreement shall be deposited with the United Postal Service, postage prepaid and addressed as follows: TO THE CITY: City Manager's Office 300 North "0" Street San Bernardino, CA 924 I 8 Facsimile (909) 384-5138 TO SCAG: Wayne Moore, Chief Financial Officer Southern California Association of Governments 818 W. Seventh Street, 12th Floor (Main Office) Los Angeles, CA 90017 Facsimile (213) 236-1825 8. ASSIGNMENT SCAG shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the SCAG's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release SCAG of SCAG's o -' obligation to perform all other obligations to be performed by SCAG hereunder for the term of this agreement. 9. GOVER:'iING LAW This guarantee shall be governed by and construed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts oflaw. 10. VENUE The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in thc State courts located in the County of Los Angeles, State of California or the U.S. District Court for the Central District of California The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 1/1 ill .Iii "I 4 COOPERATIVE AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date firs! above written. Date: June .2006 Southern California Association of Governments By: Mark Pisano Executi ve Director Date: June ,2006 City of San Bernardino By: Patrick .I. Morris, Mayor ATTEST: Rachel Clark, City Clerk APPROVED AS TO FORM: Approved as to Legal Form: James F. Penman, City Attorney /1 1{/;1' , "<7'7, --"~ ~ } ). .1e.:-Z.Y)~v"" By: I ( , Karen L. Taehiki Chief Counsel/Legal Services Director SCAG 5 .... ... Exhibit A ... MEMORANDUM To: FROM: SUBJECT: DATE: LORI S.-ISSOON, ..\"1"".'''" CIIT ~L-IN..\GER K-IRE" GULLEY .-IND COLIN DRCKKER, TilE PL.-I0iNI"G CENTER PROPOSED WORK PROGR..\M JUNE 9, 2006 Based on a series of discussions with City staff, we have prepared a revised draft work program for the proposed 2% Demonstration Project with the City of San Bernardino. In general, the services will focus on TOO concept planning within ';' mile around the future metrolink station area at Rialto and E Street, as well as along the BRT line from Rialto through the downtown area. In addition certain parcels within the downtown area will be analyzed using the Economic Development Analysis. The next step in the process is coordinating with SCAG on the Memorandum of Understanding required to begin work on the tasks. I. TOD Vision and Conceptual Plan for "E" Street Station - This future transitcenter will connect Omnitrans bus service with Metrolink and is also envisioned as a future node for Omnitrans' BRT service that runs through the City. This station will become a new hub of activity in the San Bernardino Valley and there is enormous opportunity for transit-supportive development around this station. This task would involve a transit village planning/design effort within a y,. mile radius around the station area, extending along the BRT route in the downtown area, and would consist of: . Opportunities and Constraints Analysis - based upon the background information provided by the City, as well as the transit agencies, we will identify the major pertinent issues associated with TOO planning within and adjacent to the study area. This will include a halt~day meeting with City staff to discuss and map the opportunities and constraints. Key City staff will need to attend the meeting so that we can efficiently collect the relevant information. A summary memo of the key findings/considerations will be prepared, as well as an Opportunities and Constraints exhibit(s). . TOO Conceptual Designs - Based upon the opportunities and constraints analysis and any recent, existing market demand information, we will prepare schematic design concepts for the study area. The concepts will focus on land use, circulation, pedestrian connectivity, potential product types, and other urban elements intended to support transit use for both Metrolink and BRT. We will evaluate pedestrian linkages within the area, BRT services that provide meaningful support for metrolink commuters, and new development types that are desirable for this area. . Visioning Workshops -In coordination with the City, we will conduct two visioning workshops. The first is expected to be key landowners and other stakeholders. This type of outreach may take the form of a series of small group meetings with selected stakeholders. A second workshop is will be conducted with City officials. The purpose of the meeting is to obtain input on TOO planning and development concepts through a Transit Village Preference Survey, as well input on issues to be considered in the planning process. A range of residential and mixed-use development types will be explored with officials to create a catalog of ~OuHIU {A"f~.~'~ 818 \Vest Seventh Street, 12th Floor, Los A.ngeles, C;\ 90017 Phone (80m 337-4819 ll1fo@socalcompass,org / W\vw.socalcompass.org i\ prolect of tht: Southnn California Associ:ltioll of (~()\'elllmcI11s ~... f-~ ....SSOC1ATIONOI C;OVUINMEHTS ... ... T desired/successful prototypes for use by the City. We also recommend the creation of two to three photo simulations for select locations in thc study area that would depict potential future conditions based on tbe market analysis. Depending on the timing of the workshops, it may be desirable to obtain comments on the draft alternative concept plans. Advertising and logistics associated with the workshop will be provided by the City. A summary memo of the input received and a draft consensus vision for the study area will be prepared. . Stakeholder Meetings ~ Up to two meetings with City will be conducted during this process to obtain comments at key intervals. . TOO Plan Refinement and Implementation Strategy - The concept plans will be refined into a preferred TOO Concept Plan. The final product will include a series of exhibits and supporting text/statistics illustrating the vision. This document will also identify the next steps associated with implementation, as well as the parties responsible. 2. Economic Development Analysis - An Economic Development Analysis will be conducted for selected parcels/product types within the study area. These parcels are the priority areas defined by staff, such as the Food 4 Less site north of the future station area, potential joint use parcels identified for station facilities, and a large parcel across from the historic Santa Fe Depot Station. An Economic Development Analysis provides decision makers with the requisite information to make informed land use policy decisions. The methodology assesses the financial feasibility of site specific developments. Pro-Forma analyses are tailored to the constraints of individual sites and decided upon mixes of uses to determine whether a proposed project or prototype development lies in the red or black. A total of two (2) sites will be analyzed for the proposed 2% Demonstration Project. The Pro-Forma analysis models developer costs, revenues, and expected returns to provide such evidence. In so doing the model is specific to the intricacies of the proposed development. For example the model considers the amounts of below and above grade parking, the amounts of residential space versus retail space, and the variable costs and market prices these uses generate. Moreover, the analysis is framed by the existing regulations to show what financial feasibility looks like at a baseline level, and what feasibility would look like with adjustments to policy - particularly parking, density, Iieight and setback requirements. Typically three conditions are analyzed per site - development of the site under existing zoning regulations or tlie proposed project, followed by two land use mix scenarios that vary from this baseline. This offers insight as to the extent of policy change that would be needed to achieve financial feasibility. In this way decision makers are able to assess a development and/or policy, consider its financial feasibility as it is proposed, and suggest informed modifications that would better serve the public interest. As a final deliverable a brief 5-10 page synopsis of findings will be provided as well as visual charts and graphs illustrating the decided upon mix of land uses we modeled and the subsequent financial returns for each scenario. SOOT~EtM o."~.~"" 818 \Vest Se\Tenth Street, 12th Floor, Los Angeles, C;\. 90017 Phone, (800) 337-4819 mfo@soca1compass.org / \,\,TW\v.socalcompass.org A projtct of the Snuthtrn Callfornia ,\~SOci;ltion of Govt:rnmcnts ~,~ ,....~ ASSO(IATlOltcf GOVERNMENTS Exhibit B .2006 SAMPLE Southern California Association of Governments 818 West Seventh Street, 12th Floor Los Angeles. CA 90017-3435 Attn: Lambertus Becker, Interim CFO Rc: SCAG Compass Blueprint Match Commitment Dear Mr. Becker: , The City of San Bernardino agrees to provide local. in-kind match to the SCAG Compass Blueprint grant project. This project is funded by the Caltrans Regional Blueprint Planning Grant, competitively awarded by Caltrans to SCAG, and requires cash and/or in-kind match financed with non-Federal funds. As a result of the grant and in reliance upon the City's commitments as outlincd in this letter, SCAG intends to conduct this project according to the Scope of Work detailed in thc approved grant application and SCAG's Overall Work Program (OWP). Any consultant services included in the approved grant Scope shall be selected through SCAG's competitive contracting process. This letter serves as the City's commitment to provide $11,250 in-kind staff services for the project as outlined in thc attached Scope of Work and Line Item Budget (attached as Exhibits A and B, respectively). The City agrees to adhere to SCAG's In-Kind Match requirements (attached as Exhibit C), and/or provide cash match, and understands that SCAG shall not pay consultant or other invoices for this Project until such time that SCAG receives the In-Kind Match Reports (and/or cash match). If you have any questions, please contact me at (909) 384-5122. Sincerely Fred Wilson City Manager on m ~. :3 0 o --+-. ~ Cf) rt OJ OJ :J rt -. co o m :J ~ -o:J ~ OJ o ~ '-- . 0- m -. n :J rt 0 o 8: 0-" " m. Cl ,. .......- ~ 0 0'" ~ <Ill ..0 . )> "'!:! z z,. n ~j ~ m " "0 ~ Zz z ~ ....0 . -. "'_ OJ G .c)~ -0 :::J"" ~ ~ 0 ;:[1]0 E rt ,;rC 0 o"""U~ ~CI ()'Q ms;:I gf11 ~ . OJ Z m o1l"D ~Z ~;o) -0 mZ E- :::J"" ;;v- "zm Z (j) -lm ~ .k-- J~ ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): ~ Item # Lf8 . Resolution # ~b - :l3d--- Vote: Ayes\)~~ V) i:)' Nays~ Abstain~ Absent lo Change to motion to amend original documents 0/ Companion Resolutions Null/VoidAfter: ~O days/~ Resolution # On Attachme~ Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: (p I 00 Date of Mayor's Signature: ~ Date ofClerklCDC Signature: ~ Reso. Log Updated: fti Seal Impressed: ;g Reso. # on StaffReport~ Date Memo/Letter Sent for Signature: 1" Reminder Letter Sent: !0-.1<6 - Dlo Date Returned: if - J7 - /)~ Not Returned: 0 2'd Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985,8234,655,92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Services Others: o ~~'li ~f\Cv o o EDA o Information Services o o o D o Facilities D ,~. Parks & Recreation ~O'-Police Department D Public Services o Water Department Finance Fire Department Human Resources Notes: ;))~ ~ '11JrJ711j- - :J J -1 <',)3(0 -I KJS; Ready to FIle: Date: Revised 12/18/03 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002' Fax: 909.384.5158 www.sbcity.org '" June 28, 2006 Wayne Moore, Chief Financial Officer Southern California Association of Governments 818 W. Seventh Street, 12th Floor (Main Office) Los Angeles, CA 90017 Dear Mr. Moore: At the Mayor and Common Council meeting of June 19, 2006, the City of San Bernardino adopted Resolution 2006-232 - Resolution authorizing the Mayor to execute a cooperative agreement with Southern California Association of Governments (SCAG) establishing the City of San Bernardino as a Compass 2% Strategy Demonstration Community, and authorizing the City Manager to execute grant documents. Enclosed are one (1) original Cooperative Agreement and two (2) duplicate original Cooperative Agreements, to be executed by Mark Pisano, Executive Director. Please have the agreements signed in the appropriate locations and return the fully executed ORIGINAL agreement and one fully executed duplicate agreement to the City Clerk's Office, Attention: Dodie Otterbein, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain an executed copy of the agreement for your records. Please be advised that the resolution and agreement will be null and void if not executed within sixty (60) days or by Friday, August 18, 2006. If you have any questions, please do not hesitate to contact Dodie Otterbein, Records Management Coordinator at (909)384-5002. Sincerely, ~~ Dodie Otterbein Records Management Coordinator Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty III I:, i ~ ~ ~ I 0= ~ Ai( v=~ ..-~ - - - - l.........^....uIT, T,U\N,UUI"ULA r.IJ\N.1'W..;.o...o.JJ"'- II J I i ro:l ~ ~ 1 ~ . I I~ .~ ! 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('1 ('1 o -.J .. ~ I I I I I '" '" :ll i I .. ~ CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 17,2006 TO: Lori Sassoon, Assistant City Manager City Manager's Office Dodie Otterbein, Records Management Coordinato~ FROM: RE: Duplicate Signed Agreement Please find enclosed one duplicate original executed copy of the agreement attached to Resolution No. 2006-232, authorizing the Mayor to execute a Cooperative Agreement with Southern California Association of Governments (SCAG) establishing the City of San Bernardino as a Compass 2% Strategy Demonstration Community, and authorizing the City Manager to execute grant documents. If you have any questions, please call Dodie Otterbein at ex!. 3215.