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7.A RESOLUTION (ID # 3631) DOC ID: 3631 1 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract From: Brandon Mims M/CC Meeting Date: 01/20/2015 Prepared by: Lisa Connor, (909) 663- 1044 Dept: City Manager Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Proceed with the Commercial Rehabilitation Program by Allocating $74,060 to Jovi's Diner for Exterior Facade and Various Improvements. (#3631) Current Business Registration Certificate: Yes Financial Impact: Account Budgeted Amount: $200,000 Account No. 119-100-0014-5502 Account Description: Community Development Block Grant/Commercial Rehabilitation Program. Balance as of: January 5, 2014: $ 200,000 Balance after approval of this item: $ 125,940 Please note this balance does not indicate available funding. It does not include non- encumbered reoccurring expenses or expenses incurred, but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: On April 21, 2014- the Mayor and Common Council approved the City's 2014-2015 Annual Action Plan. On June 2, 2014-The Mayor and Common Council approved an amendment to the City's 2013-2014 Annual Action Plan to allocate $300,000 of Community Development Block Grant (CDBG) funds to the Commercial Rehabilitation Program (CRP). On November 17, 2014, the Mayor and Common Council appropriated funding for the CRP. Background: In line with the Mayor and Common Council's desire to revitalize the City's Downtown District, the City Council approved the implementation of a CRP to restore the facades of commercial buildings. The goals of the CRP are: 1) To promote the revitalization of the Downtown District; I Inriatcrl• 1/R/9m r, by.lnlana F Cririar I Packet Pg. 588 7.A 3631 2) eliminate economic and physical blight of commercial properties in the City by providing financial incentives to business owners to rehabilitate, renovate and revitalize the exterior of their commercial properties; 3) improve the visual environment along commercial corridors and major thoroughfares; 4) increase business retention, expansion and attraction efforts; and 5) to ensure the City's success in meeting the goals and objectives of the City's 2010-2015 Consolidated plan, including revitalization of blighted areas. Analysis: Staff identified three downtown businesses as possible recipients to participate in the pilot program: 1) Molly's Cafe located at 350 N. "D" Street, 2) Maria's Kitchen located at 424 W. 4t Street and 3) Jovi's Diner located at123 N. "E" Street. Molly's Cafe Molly's Cafe has been operating in the City of San Bernardino since 1989. Molly's is one of the most popular downtown eateries in the City. This restaurant is frequented by a number of people who work in downtown, by many students and local residents. Molly's employs seven workers of which seven reside in the City of San Bernardino. Molly's offers affordable prices and is open seven days a week for breakfast, lunch and dinner. Staff met with the business operator several times and communicated with property owner via telephone or by email. The property owner requested that staff research items relative to a property tax increase should Molly's Cafe participate and if there were any existing code violations. Housing staff answered all questions. On October 8, 2014, property owner sent an email opting out of participation in the CRP. Staff has started negotiations with another commercial property owner for participation in the CRP Program. Maria's Kitchen Maria's Kitchen had been operating in the City of San Bernardino since August 2005. Maria's restaurant was a long time downtown tenant offering Mexican fare, an array of sandwiches and other lunch time meals. The eatery was opened for breakfast and lunch, and offered daily specials. Maria's Kitchen was the only business operator at 424 W. Court Street, and on a month-to-month lease. The business operator reported to staff, that they planned to relocate their operations out of the City of San Bernardino at the end of September 2014. Staff is planning to engage the property owner, Harry P. Wilson, Limited Partnership Trust, located in Riverside, CA to determine their interest in a tenant improvement program to attract a new business to the property. I Inr4nforl• 9/R/,)ni r, by Inlnna F (,ririnr I Packet Pg. 589 7.A 3631 Jovi's Diner Jovi's Diner opened in May 2013. the Diner has a new interior remodeled theme of the 1950's, offers breakfast and lunch and is open seven days week. In January 2015, the business operator is planning to extend business hours to serve dinner and is in the process of securing a beer license. Jovi's employs four employees, of which four employees live in the City. On October 4, 2014, new property owners took title to property and on October 13, 2014, staff met with new owners, to explain the CRP and had a program application completed. On October 28, 2014, Code Enforcement completed a code inspection report and cited the following: • Property has no active Code Enforcement cases; • The shingles are weathered/damaged on parapet roof on print shop and bar building; • Metal trim on parapet roof between bar and restaurant is damaged; • Banner mounted on west wall of chiropractor's office in unpermitted; • Window signage on three businesses exceeds maximum of 25% of each glass pane; • Signage on pole sign for two businesses is discolored and peeling; and • Signage above Jovi's Diner is peeling. In addition to a Code Inspection, On November 19, 2014, Building and Safety conducted an on-site inspection to determine if exterior of property is ADA compliant. The following was cited: • "Unauthorized Vehicle" signage. • Parked autos that overhang the existing walkway along the side of Jovi's Diner making it to narrow for accessible travel. • From public sidewalk there is no accessible entrance to the restaurant because of existing steps. Staff recommends the following construction activities be performed under the CRP: Activity Proposed Cost 1. Painting of entire complex $ 197500 2. Installation of new signage $ 13,500 3. Expand Jovi's Diner's entrance/doors $ 26,000 4. Installation of parking bumpers $ 4,050 5. Install an "Unauthorized Vehicle" sign 1 350 Sub-Total $ 64,400 15% Contingency $ 9,660 Grand Total $ 74,060 Updated: 1/8/2015 by Jolena E. Grider I Packet Pg. 590 7.A 3631 Proposed Timeline: Activity Date Awarding of funding to Jovi's Diner January 20, 2015 Mayor and Council authorizes project to bid February 2, 2015 Project out to bid February 5 through March 3, 2015 Opening of bids March 3, 2015 Awarding of Contract March 16, 2015 Pre-construction Conference March 23, 2015 Construction begins March 30, 2015 through May 7, 2015 Final Job Walk May 12, 2015 Close out of project-pay final 10% retention May 14, 2015 Financial Impact The proposed action does not impact the CDBG Budget for Fiscal Year 2014-2015. Funds for the purpose were appropriated on June 2, 2014. Recommendation Staff recommends approval of the attached Resolution. City Attorney Review: Supporting Documents. RESOLUTION-Jovi's Diner(DOCX) agrmt 3631 (PDF) menu () property detail O grant deed () Jovis CRP Application with Owner Signature (TIF) Release of Funds () Updated: 1/8/2015 by Jolena E. Grider I Packet Pg. 591 123 N E St, San Bernardino, CA 92401-1921, San Bernardino County N/A 8,600 35,724 $865,000 Beds Bldg Sq Ft Lot Sq Ft Sale Price N/A 1968 RETAIL TRD 09/03/2014 Baths Yr Built 'type Sale Date Owner Information Owner Name: Quan Hoa K Tax Billing Zip: 92843 Owner Name 2: Lang Nhan L Q Tax Billing Zip+4: 4730 Mall Owner Name: Hoa K Quan Owner Vesting: Husband/Wife Tax Billing Address: 14122 Boony Ln Owner Occupied: No Tax Billing City&State: Garden Grove,CA Location Information Zip Code: 92401 TGNO: 606-61 Carrier Route: C019 Census Tract: 57.01 School District: San Bernardino Topography: Flat/Level Comm College District Code: San Bernardino Vly 3 Neighborhood Code: 921-921 Tax Information APN : 0134-381-29-0000 Lot: 3 %Improved: 66% Block: 4 Tax Area: 7021 Water Tax Dist: San Bernardino Vly 3 Tax Appraisal Area: 12 Legal Description: PTN LOTS 2 AND 3 ELK 4 CITY OF SAN BERNARDINO LOTS 1 TO 4 AND 7 TO 19 COM AT A PT ON W LI SD BLK 4 WHICH IS 124.96 FT N OF SW COR SD BLK 4 SD PT BEING NW COR OF LAND CONVEYED TO ROBERT H HIRSCH BY DEED RECORDED MARCH 3 1966 BOOK 6581 PAGE 70 O R TH E ALG N LI OF LAND SO CONVEYED TO W LI STODDARD AVE TH N ALG W LI STODDARD AVE 125.45 FT MIL TO A PT 60 FT 1 IN S OF N LI LOT 3 SD BLK 4 TH W TO W LI SD BLK 4 TH S ALG W LI BLK 4 125.45 FT M/L TO POB EX W 8.75 FT FOR ST Assessment &Tax Assessment Year 2013 .................................................2012 2011 ..................................................................................................................................................................................................................................... Assessed Value Total $650,000 $650,000 $650,000 Assessed Value Land $285 000 $285,000 $285,000 ..........................................................................�.......................................................-355,000............................. ......... $ ...... .. .................................... Assessed Value-Improved $365,000 $ , 365,000 .......................................................I............,.................................................................,................................................................................................................................. YOYAssessed Change($) $0 a.............................................................................................................................. YOY Assessed Change(%) 0% .....................................................................................................................................09�...................................................................................................... ...... ..... Tax Year Total Tax Change($) Change(%) 2011 $8,451 2013...................................................... $,514....................................................$53........... .......................................... 0.62% .................................................. 2013........................................I——........$8,716.....................................................�203.......................................................3............................................................... Special Assessment Tax Amount Sb Valley Muni Wtr Dbt Svc $1,056.25 ................................................................... ..................................................... School Bonds $877.50 San Bdno Comm Cohepe Bond $272.35 .........................................I........................ Co Ventor Control $9.96 Total Of Speclal Assessments $2,216.06 11 Characteristics County Land Use: Retail Store Roof Type: Flat Court*sy of DAN BUOYE,RCI PROPERTIES INC,California Regional MLS aa�� The data within this report Is compiled by CoreL,ogle from public and private sources.if desired,the accuracy of the data contained herein can be Property Detail Independently verified by the recipient of this report with the applicable county or municipality. Generated on 11110/2014 I V°n Universal Land Use: Retail Trade Roof Shape: Flat Lot Acres: 0.8201 Construction Type: Masonry Lot Area: 35,724 Exterior: Concrete Block Building Sq Ft: 8,600 Foundation: Concrete Gross Area: 8,600 Year Built: 1968 Stories: 1 Effective Year Built: 1968 Total Units: 5 Building Type: Retail Store Quality: Average Bldg Class: C Water: Public Building Comments: 04/83:Sun Store Bldg-6, 920#;1un Store Bldg-1,680# Sewer: Public Service #of Buildings: 1 Last Market Sale &Sales History Recording Date: 10/0312014 Sale Type: Full Sale Date: 09/0312014 Deed Type: Grant Deed Sale Price: $865,000 Owner Name: Quart Hoa K Price Per Square Feet: $100.58 Owner Name 2: Lang Nhan L Q Document Number. 371705 Seller: 123 N E Street LLC Recording Date 10103/2014 12/14/2004 12/10/2003 12/12/2001 ...........0..1../...2.7../.1992 .......................................... 4....................................,............................... ......... Sale Date 09/03/2014 10/28/2004 12/04/2003 08/09/2000 Sale Price $865,000 $840,000 ..........$375,000............................................................I.......... Nominal Y ........................................................................................................................................................................................................................... . ......................................... Buyer Name Quart Hoa K 123 N E Street LLC Hernandex Family Trust Hearnan edez Ralph R& Sager Mary L .......................................................................................................................................................................................................................................................... Seiler Name 123 N E Street LLC Hernandez Family Trust Hernandez Ralph R& Sager Mary L 1994 Sager Lloyd E Jr Natalie Trust .................................................................................................................................................................................................................................................................... Doc .ument Number 371705 918644 915066 564734 29258 ................................... ..................................... .... ....................................................................................................................................................................... Document Type Grant Deed Grant Deed Quit Claim Deed Grant.Deed Affldavlt ....................................................................................... ................................................................................,........................,..,........................................................... Recording Date 04/29/1983 04/29/1983 .................. .......................... ..................................................................... Safe Date Sale Price $400,000 #400,000 ..................................................................................................................................... Nominal ...................................................................................................... Buyer Name Sager Mary L Sager Lloyd E Jr tte Ser Name Radd Mana ement Inc Document Number 923770 92377 .Document... .............U..... Reg)........................peed...Re9�,...................... Mortgage History Mortgage Date 12/14/2004 12/12/2001 12/12/2001 04/29/1983 ....................................... ................................................................................... ................................. Mortgage Amount $465,000 $482,000 $39,000 # 50 000 Mort a e Lender Standard Ins Capitol T&L Private Individual _..................................................._........................................... _........................................I........... Mortgage Cade Conventional Conventional Private Party Lender ^Conventional Courtesy of DAN BUOYE,RCI PROPERTIES INC,California Regional MLS s The data within this report Is compiled by CoreLogic from public and private sources.if desired,the accuracy of the data contained herein can be Property Detail Independently verified by the reclplent of this report with the applicable county or municipality. 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Generated on 11/10/2014 Page 3 of 3 Authority to Use U.S. Department of Housing and Urban Development Grant Funds Office of Community Planning and Development FY-15-CPD-014 _. 1 . TO: (name&address of Grant Recipient&name&title of Chief Executive Copy To: (name&address of Sub Recipient or Secondary Contact) Officer) Allen Parker, City Manager Paula Rae Espinoza City of San Bernardino City of San Bernardino 300 N. "D"Street, 6th Floor 300 N. "D"Street, 6th Floor I San Bernardino, CA 92418 - San Bernardino, CA 92418 We received your Request for Release of Funds and Certification,form 11/13/2014 HUD-7015.15 on Your Request was for HUD/State Identification Number B-14-MC-06-0539 All objections, if received, have been considered and the minimum waiting period has transpired. You are hereby authorized to use funds provided to you under the above HUD/State Identification Number. File this form for proper record keeping, audit, and inspection purposes. Project/Activity: Commercial Rehabilitation Program (CRP) Location: Various Locations Funding Source: CDBG Comments: Typed Name of Authorizing Officer: Slgnature of Authorizing Officer Effective Release Date: William-G.Vasquez, Director 11/29/2014 (Office of CPD Los Angeles Field Office Eo: Action Number: FY- 5-C -0 4 form HUD-7015.16(2194) ref.Handbook 6513.0 ��v� ° Yi"z -,. x � r:���,y�r�s��r'���•.-�a�rrrr�l����'•„r^� ■ � �, r ��� ,�.. '. 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(' r.�. 0 1 i1.1.. x?,fi• :r� E, t.r�'. ti•':$ .P .r is r< ;'v,',' {.r i . ,�,.-,.,x .. .,., :)F:: �.i r .t..r.•k.: [q y�Sk`S:: jsr il"-'-,:Y= Sri%:•' ^SL711. •.):: .aS�. rt1ei1. �u 'a �!I `.!:iii:�ii'• -r . 1 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 4 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE COMMERCIAL REHABILITATION PROGRAM BY 5 ALLOCATING $74,060 TO JOVI'S DINER FOR EXTERIOR FAhADE AND d VARIOUS IMPROVEMENTS o 6 7 WHEREAS, the City of San Bernardino (the "City") is an entitlement City and eligible to 0 participate in the United States Department of Housing and Urban Development's ("HUD") and c 8 :� r 9 receive annual allocation of Community Development Block Grant ("CDBG") and HOME 10 Investment Partnership Act("HOME"); and 11 WHEREAS, On May 3, 2010, the Mayor and Common Council of the City of San d Bernardino ("Council") approved the City's Five-Year 2010-2015 Consolidated Plan and on April E 12 c 21, 2014 approved its 2014-2015 Annual Action Plan that is required to guide and identify needs 13 v M 14 which the City will address incrementally for the 2010-2015 period; and M WHEREAS, On June 2, 2014, the Mayor and Common Council approved an amendment to 15 c 16 the 2014-2015 Annual Action Plan to include a Commercial Rehabilitation Program in the amount > as 17 of$ 300,000; and L d E 18 WHEREAS, the City has adopted a Commercial Rehabilitation Program in order to provide 19 grants to certain owners or tenants of eligible buildings who design and construct improvements to 0 the exterior facades of their buildings; and O 20 � 21 WHEREAS, the fagade and associated improvements proposed by Recipient will in U) 22 furtherance of the City's objectives for the Commercial Rehabilitation Program, improve the W 23 appearance of the City's Project Area, assist in the elimination of physical and economic blight in 24 the Project Area, and stimulate private investment; and Y w a 25 WHEREAS, Jovi's Diner has been conducting business in the City of San Bernardino 26 since May 2013, and is becoming a popular downtown eatery frequented by many people who work 27 in downtown San Bernardino, students and local residents; and 28 1 Packet Pg. 592 I WHEREAS, The Business Owner, Jovanna Rodriguez and Property Owner, Nancy Quan 2 desire to enter into an Agreement to set the terms and conditions of construction, installation, and 3 maintenance of the fagade and various improvements. 4 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS c 6 FOLLOWS: ° N 7 Section 1. The City Manager is hereby authorized to execute an Agreement between the 0 c 8 City and Nancy Quan, property owner and Jovanna Rodriguez business operator. 9 Section 2.The aforementioned Agreement shall be for the following exterior improvements 10 and shall not exceed $74,060, to be paid from account number 119-100-0014-5502. �a 11 List of Exterior Improvements i a� E 12 1. Painting of entire complex. o 2. New signage above Jovi's Diner. v 13 3. Installation of parking bumpers. M 14 4. Revise Jovi's front entrance to include front entrance doors. 5. Install an "Unauthorized Vehicle" sign per City Code. N 15 r- .2 16 Section 3. That a copy of this Resolution shall remain on file in the City Clerk's Office for a 17 minimum of seven (7) years after the date of adoption. 18 Section 4. This Resolution shall take effect upon its adoption and execution in the ° N 19 manner as required by the City Charter. �° Z 20 /// O D 21 HI o co 22 23 HI _ 24 /// .2 Q 25 26 27 28 2 Packet Pa. 593 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO PROCEED WITH 2 THE COMMERCIAL REHABILITATION PROGRAM BY ALLOCATING $74,060 TO JOVI'S DINER FOR EXTERIOR FACADE AND ASSOCIATED 3 IMPROVEMENTS 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, c 6 held on the day of , 2015,by the following vote to wit: 7 Council Members: Armes Nays Abstain Absent _ 8 MARQUEZ 9 BARRIOS B 10 VALDIVIA 11 SHORETT 2 a) 12 NICKEL E 0 13 JOHNSON v M 14 MULVIHILL ` N 15 0 .N 16 Georgeann Hanna, City Clerk 17 18 The foregoing resolution is hereby approved this day of , 2015. :y 19 � z 20 R. Carey Davis, Mayor 21 City of San Bernardino p Cn w 22 Approved as to Form: Y Gary D. Saenz, City Attorney 23 E 24 By: a 25 26 �r 27 28 3 Packat'Po_594 THE CITY OF SAN BERNARDINO COMMERCIAL REHABILITATION PROGRAM AGREEMENT "JOVI'S DINER" (123 NORTH "E" STREET) THIS REHABILITATION GRANT AGREEMENT (the "Grant Agreement") is made this day of . 20 by and between the City of San Bernardino, a Charter City organized under the the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, CA (the "City") and Nancy Quan, property owner of 123 N. "E" Street and Jovanna Rodriguez, operator of Jovi's Diner (the"Recipient") RECITALS WHEREAS, the Recipient is the owner of a building located along a major thoroughfare atl23 North"E" Street within the City of San Bernardino (the"City"), and said building is sometimes = referred to herein as Jovi's.Diner, built in 1968 and currently in use since 2013 as a restaurant("Jovi's o Diner"); and > 0 WHEREAS, the City has adopted a Commercial Rehabilitation Program in order to provide grants to certain owners or tenants of eligible buildings with the goals of eliminating blight and encouraging economic development; and, s WHEREAS, the Recipients are the owner and the operator of that certain business located 123 North"E" Street(the `Business"); and, 0 WHEREAS, the facade improvements proposed by Recipients will, in furtherance of the � City's objectives for the Commercial Rehabilitation Program, improve the appearance of the City's 0 Project Area, assist in the elimination of physical and economic blight in the Project Area, and stimulate private investment; and, Cl) WHEREAS, the City desires to provide the project administration on behalf of the Recipients o for the use of the Commercial Rehabilitation Grant funds by preparing all documents and plans and specifications as may be required for the competitive public bidding of the work that will comprise the E Project, and the Recipients shall award and execute those contracts as shall have been obtained by the City through the competitive bidding process as required in this Grant Agreement; and E WHEREAS, in furtherance of the foregoing, the City and Recipients desire to enter into this Agreement to set forth the terms and conditions of Recipients' construction, installation, and Q maintenance of the facade improvements. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE RECIPIENTS AND THE CITY HEREBY AGREE AS FOLLOWS: Section 1. Recitals. The Recitals of this Grant Agreement are true and correct and are incorporated herein by this reference. The information and facts set forth in the Recitals are material to this Grant Agreement. 1 C:kUsers\griderjo\AppData\Local\Templ 4finuteTraql sanbernardinocityca�sanbernardinocityca.lQhf2.com\Work\Attachmentst9349.doe Packet Pa. 595 Section 2. City Grant; Consideration for Grant. (a) The City shall provide the Recipients with, and the Recipients hereby agree to receive, not to exceed a maximum of$74,060.00 : from the City as a grant from City sources of funds (the "Commercial Rehabilitation Grant") for certain construction, and materials for the required labor in furtherance of the Project by the Recipients subject to the conditions and restrictions set forth in this Grant Agreement. The City Grant shall not be increased under any circumstances notwithstanding any increased costs for materials and supplies and labor costs or costs overruns of any nature with respect to the costs of implementation of the Project, which may exceed the anticipated Project cost amount of$74,060. Included within the costs of the Project are other related costs for City fees and permits, if applicable, this Grant Agreement for which work on the Project is then being undertaken by the Recipient. Any increased costs of the Project in excess of the City Grant amount of $74,060 shall be paid by the Recipients from their independent source of funds and not from any additional funding requests submitted by the Recipients to the City. L (b) The City Grant proceeds shall be disbursed by the City from time to time to the general C contractor providing labor and materials in accordance with invoices submitted to the City for the purchase or procurement of materials and supplies and labor for the Project. No portion of the City o Grant proceeds shall be disbursed to the Recipients. The City Grant proceeds shall be used and applied solely in the manner for the direct payment by the City to the general contractor as specified on each invoice. B �a Section 3. Use of Grant Funds: Restrictions; Agency Preparation of Bid Documents and Recipient Payment of Prevailing Wages. (a) The Recipients covenant that they shall expend the City Grant funds solely for the Construction costs. It is recognized that the Recipients intend to contract with general contractors to provide labor and equipment necessary for the completion of the E Project. The proceeds of the City Grant may be used or applied for the payment of any labor or v equipment costs and for the purchase or procurement of materials and supplies subject to such r documentation as may be reasonably required by the City as a condition precedent to the disbursement M of any portion of the City Grant. r M (b) Upon the completion of the Project by the Recipients, the Recipients shall provide the City with a Notice of Completion stating the amount of the entire Project costs and a summary of the E use and application of the City Grant funds. The City reserves the right to audit any and all S° expenditures associated with the use and application of the City Grant funds at its sole cost and expense. E (c) The Recipients shall be responsible for any Project costs for labor or materials or for Q alleged non-compliance by the Recipients. The Grantee shall defend and hold harmless the City from all costs and expenses with respect to all work performed and materials acquired in furtherance of the Project. (d) All proceeds of the City Grant shall be used on or before one (1) year from and after the date of this Grant Agreement. Failure or inability of the Recipients to so use and apply such proceeds in furtherance of the Project by such date shall relieve the city of any further duty or obligation under this Grant Agreement to provide for any further disbursements of the City Grant. (e) The Recipients agree that they shall be required to comply with the payment of prevailing wages in the same manner as would with the City in the undertaking of a public works contract as required by State law. The Recipients shall comply with all applicable provisions of the 2 C.,Userslgriderjo 4ppData\LocanTempiMinweTragl sanbemardinocitycaepanbemardinocityca_IQMZ.com\WorklAttacdment,9349,doc Packet d{gyp. 596 Public Contracts Code and the Labor Code of the State and shall maintain such records as may be reasonably required to demonstrate such compliance and shall further require in each contract for the a provision of labor for the Project that all laborers are paid the prevailing wage rates as applicable within the City. (f) The City agrees to undertake all pre-bid related activities on behalf of the Recipients for the preparation of bid specifications and a notice of bid, and the City shall advertise for bids for the undertaking of all aspects of the Project by the Recipients substantially in the same manner as would be required by the City under State law had the City undertaken such activities directly for its own behalf. The City shall publish the notice of advertisement for bids for the Project and shall provide for the receipt of bids and the opening thereof at a date, time and place to be determined by the City's Finance Department. After the public opening of the bids as received by the City at the required date, time and place, a recommendation shall be made by the City's Finance Department to the Recipients as to the apparent lowest responsible bidder for each item of labor, materials or supplies as requested C within the applicable bid documents. The City shall thereupon present such bid results and the bid as received from the apparent lowest responsible bidder to the Mayor and Common Council and provide `o for the execution and delivery of the final agreement or agreements, as applicable, to undertake the Project. The City shall certify prior to the date of the submittal of the first request for the disbursement c of any portion of the City Grant funds that the City has in fact complied with all aspects of this Section 3 and has awarded one or more construction or labor contracts to the lowest responsible bidders Z thereunder. Additionally, the procurement of materials and supplies for the undertaking of the Project shall likewise be subject to the same public bidding requirements that will be undertaken by the City to assure that all such materials and supplies are procured at the lowest price possible from the lowest responsible bidder with respect thereto. E Section 4. Duty to Obtain Permits; Role of City. The Recipients agree that it shall have L) the sole obligation and duty to obtain whatever approvals and permits as may be necessary to be obtained from the City prior to the commence of the work comprising the Project and the Recipients to shall further be solely responsible for obtaining any and all necessary inspections, surveys and permits related to the Project. Upon the request of the Recipients, the City shall provide the service of City staff to assist the Recipients to determine the extent of the City approvals, if any, as may be required for the undertaking of the Project. The Recipients recognize that the City will have the right to issue necessary permits for certain aspects of the Project and it shall be the sole duty and obligation of the Recipient to determine those precise matters for which the City has the sole authority to issue licenses and permits and to approve construction plans and designs for all aspects of the Project. The E Recipients further agree to construct, install and undertake or cause to be constructed, installed and undertaken all aspects of the Project in accordance with City approved plans and specifications as and to the extent required by the City. Section 5. Maintenance Obligations for Project Improvements; Insurance. (a) In consideration of the receipt of the City Grant, the Recipients hereby agree that they shall be solely responsible for the maintenance, care and replacement of all landscaping materials, trees, irrigation systems and other similar improvements and all aspects of the building improvements that comprise the Project. Such maintenance obligation on the part of the Recipients shall extend until the parties to this City Agreement provide otherwise by written agreement, and such obligation as incurred by the Recipients pursuant to this Grant Agreement shall be enforceable the City as against the Recipients. The City may obtain such remedies to enforce this maintenance obligation including specific performance and damages as may be awarded by a court in the event the Recipients should fail to fulfill any obligations required by this Section. The Recipients agree and shall further defend, 3 C:1 Users\griderjo%AppData\L ocaRTemp\MinuieTraq\sanbernardinocityca(;sanbemardinocityea.tQM2.com\WorkiAttachments\9349.doe Packet Pg.597 i indemnify and hold harmless both the City from all claims arising from any matters related to the maintenance obligation of the Recipient and the location, replacement, operation and maintenance of all landscaping materials and irrigation systems installed within the public right-of-way. (b) The Recipients agree to defend and protect the City, their governing boards, commissions, agents, officers, employees, and authorized representatives, against all claims and liability for death, injury, loss and damage resulting from the Recipient actions in connection with the City Grant and the Project during the construction phase thereof, including, thereafter, the ongoing maintenance of the landscaping areas, and shall secure and maintain insurance, as described below. No disbursement of the City Grant shall be paid to the Recipients, until the Recipients provide the required policies and/or certificates evidencing the insurance required by this Grant Agreement to the City. The Recipients shall pay any deductibles and self-insured retentions under all insurance policies in satisfaction of the terms of this Grant Agreement. a� A. Workers' Compensation Insurance Requirement: The Recipients shall submit written proof that the Recipients are insured against o liability for workers' compensation in accordance with the provisions of section 3700 of the Labor Code. By executing this Grant Agreement, the Grantee makes the following certification, required by section 1861 of the Labor Code: s m "The undersigned representatives of the Recipients are aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to E undertake self-insurance in accordance with the provisions of that code, E and the Recipients will comply with such provisions before commencing v the performance of the work anticipated under the Grant Agreement." M t0 (1) The Recipients shall. require each contractor and sub-contractor to provide workers' compensation coverage for all of such contractor's or sub-contractor's employees, to unless the employees of the contractor or sub-contractor are covered by workers' compensation insurance provided by the Recipients. If any class of employees engaged in work or services E performed in connection with the Project is not covered by Labor Code Section 3700, the Recipients shall provide and/or require each contractor or sub-contractor to provide adequate workers' compensation insurance covering such employees. E t U t4 B. Liability and Permanent Insurance Requirements: (1) The Recipients shall maintain in full force and effect, at all times during the term of this Grant Agreement and while the Recipients retains the maintenance obligations for the landscaping the following insurance: (a) Commercial General Liability Insurance coverage, including, but not limited to, Premises-Operations, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Grant Agreement), Products-Completed Operations Hazards, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of the construction of the Project and/or the Grantee's operation and maintenance of the Project. Said insurance coverage shall have minimum limits for Bodily Injury and Property Damage liability of 4 C'',Useri*riderjo:AppData\Local%Temp\MinuteTragl sanbernardinocityca@ sanbernardinocityc a.IQM2.com%Work4Atiachmenrs%9349.doc Packet P9. 598 ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. (b) [ RESERVED] C. During the construction of the Project, the Recipients shall require that all contractors performing work on the Project maintain the following insurance coverage at all times during the performance of said work: (1) Builder's Risk Insurance to be written on an All Risk Completed Value form, in an aggregate amount equal to 100% of the completed insurable value of the Project, including materials to be acquired and installed within the public right-of-way of Arrowhead Avenue. L (2) Commercial General Liability Insurance with limits of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate to protect the Recipients during the construction of the Project from claims o involving bodily injury and/or death and damage to the property of others. 0 D. The Commercial General Liability Insurance required in sub-paragraph B., above, shall include an endorsement naming the City of San Bernardino, their board members, and their officials, officers, agents, and employees as additional insureds for liability arising out of this Grant Agreement and any operation related to this Grant Agreement. E. If any of the insurance coverage required under this Grant Agreement is written on a claims-made basis, such insurance policy shall provide an extended reporting period o continuing through the period of time that the Recipients continue to have the obligation to maintain U the improvements. " T M F. Receipt of evidence of insurance that does not comply with the above requirements shall not constitute a waiver of the insurance requirements of this Grant Agreement. o M G. The above stated insurance coverage shall be maintained by the E Recipients or their contractors, as required by the terms of this Grant Agreement, until the completion of all of the Recipients' obligations under this Recipient Agreement, including the continuing maintenance obligation and shall not be reduced, modified, or canceled without thirty (30) days prior E written notice to the City. Also, phrases such as "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall not be included in the Q cancellation wording of any Certificates of Insurance or any coverage for the City, their board members, officials, agents, and employees. The Recipients shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled,non-renewed,or whose policy limits are exhausted or upon insolvency of the insurer that issued the policy. H. All insurance to be obtained and maintained by the Recipients under this Grant Agreement shall be issued by a company or companies listed in the current "Best's Key Rating Guide, Property/Casualty" publication with a minimum of a `B+/VII" rating and be a California admitted insurance company. 1. If the Recipients are or become self-insured, during the term of this Grant Agreement, the Recipients shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverages unless the City through the 5 C:\Users\griderjo\AppDatatiLocal\TemplMinuteTraglsanbemardinocityca 1,sanbernardinocityca.IQD12-comlWorklAttachmems14349.doc Packet Pg.599 official action of their governing body determine, in their sole discretion and by written acceptance, that the coverage proposed to be provided by the Recipients is equivalent to the above-required coverages. A determination by the City that proposed self-insurance coverage is not equivalent to require coverages will be communicated to the Recipient in writing by the City, along with the reasons for such determination. J. All insurance obtained and maintained by the Recipients in satisfaction of the requirements of this Grant Agreement shall be primary to and not contributing to any other insurance maintained by the City. K. Insurance coverage in the minimum amounts set forth in this Grant Agreement shall not be construed to relieve the Recipients of any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude City from taking such other actions as are available to them under any L other provision of this Grant Agreement or otherwise at law. _ 0 to L. Failure by the Recipients to maintain all insurance required by this Grant o Agreement in effect at all times shall be an Event of Default by the Grantee. The City, at their sole c option, may exercise any remedy available to it in connection with such an Event of Default. e Additionally, the City may purchase such required insurance coverage and the City shall be entitled to immediate payment from the Recipients for any premiums and associated costs paid by the City for M such insurance. Any election by the City not to purchase insurance for the Recipients shall not relieve the Recipients of their obligation to obtain and maintain the insurance coverage required by this Grant Agreement. t° a� Section 6. Time of Essence. Time is strictly of the essence with respect to each and every E term, condition, obligation, and provision hereof and failure to timely perform any of the terms, 0 conditions, obligations, or provisions hereof by either party shall constitute a material breach of and a r default under this Grant Agreement by the party so failing to perform. o Section 7. No Waiver. Failure to exercise any right, the City may have or be entitled to, in M the event of default by the Recipients hereunder, shall not constitute a waiver of such right or any other right, in the event of a subsequent default by the Recipient. E L Section 8. Events of Default. a� a. By City. Failure or refusal of the City to disburse the City Grant proceeds, as set forth E herein, shall constitute a default by the City other than if such failure or refusal to disburse is for cause as shall be stated in writing by the City delivered to the Recipients. a b. By Recipients. Failure to use the City Grant proceeds in the manner and for the purposes as set forth herein and for failure of the Recipients to fulfill all maintenance obligations and insurance required pursuant to Section 5 hereof. C. By Either Party. Failure or delay by either party to perform any material term or provision of this Grant Agreement shall constitute a default under this Grant Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct, or remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying such default and diligently pursues such cure, correction, or remedy to completion, such party shall not be deemed to be in default hereunder. 6 C:\Users',grider_jo\AppllatalLocai\TemplMinnteT'raglsanbernardinocityca(!sanbernardinocityea.I QM2.com\WorklAttachments�93A9.doc Packet Pa. 600 d. Notice of Default. The party that may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice as specified herein. e. Rights and Remedies. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Grant Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. L f. Breach. In the event that a default of either party may rernain uncured for more than thirty (30) calendar days following written notice, as provided above, a "breach" shall be deemed to 0 have occurred. In the event of a breach, the party who is not in default shall be entitled to terminate o this Grant Agreement by serving written notice of such termination on the other party. c 0 g. Additional Rights and Remedies of Parties. Upon default by the Recipients: (i) the w City shall be released from any further obligations under this Grant Agreement; provided, however, that the City shall not be released from its obligation to remit any and all advances as may have been previously submitted by the Recipients to the City for payment under this Grant Agreement and to Of which such default does not apply, and (ii) the City may seek appropriate legal or equitable relief. .5 Upon a default by the City, the Recipients may institute any proceeding at law or in equity to enforce the obligations of the City under this Grant Agreement. In any action arising under this Grant E Agreement among the parties hereto, the prevailing party or parties shall be entitled to reimbursement U from the other party or parties of all costs and expenses, including reasonable attorney's fees, in M bringing such action. If either party hereto files any action or brings any action or proceeding against the other arising out of this Grant Agreement, or is made a party to any action or proceeding brought by the any other person or governmental agency, then as between the Recipients and the City, the o prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys' fees as fixed by the Court in such action or proceeding or in a separate action or a) proceeding brought to recover such attorneys' fees. The costs, salary and expenses of the City c° Attorney and members of his office in enforcing this Grant Agreement shall be considered as "attorney d fees" for purposes of this Section. E Section 9. Further Assurances. The Recipients shall execute any further documents a consistent with the terms of this Grant Agreement, including documents in recordable form, as the City shall, from time-to-time, deem necessary or appropriate to effectuate its purposes in entering into this Grant Agreement and making the City Grant. Section 10. Governing Law. The Recipients hereby agree to comply with all ordinances, rules, and regulations of the City for the use and disbursement of the City Grant. Nothing in this Grant Agreement is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule, or regulation or other applicable provisions of State law. This Grant Agreement shall be governed by the laws of the State of California. Any legal action brought under this Grant Agreement must be instituted in the Superior Court of the County of San Bernardino, San Bernardino District, State of California, or in the Federal District Court in the Central District of California. 7 C'SUserslgriderJoL4ppData\LDcal\Temp'MinuteTraq\sanbernardinocitycan_sanbernardinocityca.IQM2.comlWorVAttachmenN%9349.doc Packet Pg.601 Section 11. Amendment of Grant Agreement. No modification, rescission, waiver, C I release, or amendment of any provision of this Grant Agreement shall be made except by a written agreement executed by the Recipients and the City and duly approved by the governing bodies of each such party. Section 12. No Assignment of Grant Agreement By Grantee The Recipients may not assign or transfer any portion of this Grant Agreement, without the prior express written consent of the City which consent may be given or withheld at the sole discretion of the City. No assignment of the g City Grant or this Grant Agreement ent shall be permitted under any circumstances. Section 13. Notices. Any notices, requests, or approvals given under this Grant Agreement from one party to another may be personally delivered, delivered by nationally recognized overnight delivery service, or deposited with the United States Postal Service for mailing, postage prepaid, registered, or certified mail,return receipt requested to the following address: o To Recipients: Nancy Quan and Jovanna Rodriguez > 0 123 North"E" Street San Bernardino, CA 92410 0 r To City: Commercial Rehabilitation Program Attn: Project Manager 300 North"D" Street San Bernardino, CA 92418 L Communications delivered personally or by nationally recognized overnight delivery service o shall be effective upon such delivery. Communications sent by United States Mail shall be effective U on the third(3 rd)business day following their deposit for mailing with the United States Postal Service. r Either party may change its address for notice by giving written notice thereof to the other party. Section 14. Attorney's Fees and Costs. If any action is instituted to enforce payment or c performance under this Grant Agreement, the parties hereby agree that the prevailing party shall be Y entitled to all costs and all attorneys' fees incurred by such prevailing party in enforcing this Grant E, Agreement. As further provided in Section 8g. hereof, the costs, salary, and expenses of the City Attorney and members of his office in enforcing this Grant Agreement shall be considered as "attorney fees" for purposes of this Section 14 and said Section 8g. and for all other purposes under this Grant E Agreement. Section 15. Partial Invalidity. If any term or provision or portion of this Grant Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Grant Agreement, or the application of such term or provision or portion thereof to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this Grant Agreement shall be valid and enforced to the fullest extent permitted by Iaw. Section 16. No Intent to Create Third Party Beneficiaries. The parties intend that the rights and obligations under this Grant Agreement shall benefit and burden only the parties hereto, and do not intend to create any rights in, or right of action to or for the use or benefit of any third party, including any governmental agency, which is not one of the parties to this Grant Agreement. 8 C:11sel griderJo`,AppData'locaA'emp\MiauteTraq`snbernardinocitycaCsanbernardinocityca.(QM2.comlWOrk=Attachmenls19749.doc P aew ket Pq.602 Section 17. Entire Agreement. This Grant Agreement (including all Exhibits attached hereto) is the final expression of, and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings with respect thereto. This Grant Agreement may not be modified, changed, supplemented, or terminated, nor may any obligations hereunder be waived, except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein. This Grant Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall constitute a single instrument. Section 18. Construction. Headings at the beginning of each Section are solely for the convenience of the parties and are not a part of this Grant Agreement. Whenever required by the context of this Grant Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Grant Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. Unless otherwise indicated, all references to Sections are to this Grant Agreement. All Exhibits referred to in this Grant Agreement are attached hereto and incorporated herein by this reference. o Section 19. Counterparts. This Grant Agreement may be executed in one or more 41 counterparts, each of which will constitute an original and all of which together shall constitute a single instrument. �a a� Section 20. Additional Requirements. The purpose of the Commercial Rehabilitation Program is to improve blighted areas along major thoroughfares and encourage economic 2- development. Toward that end, the City requires that participants in the program remain in business E for at least ten (10) years. In the eleventh year, the grant is forgivable. Between years 1 and 10, if E business is sold,recipients shall repay the City as follows: c°v T Within 1 year Owner pays back 100% of grant award to City M Within 2 years Owner pays back 90% of grant award to City Within 3 years Owner pays back 80% of grant award to City Within 4 years Owner pays back 70% of grant award to City 2 Within 5 years Owner pays back 60%of grant award to City E Within 6 year Owner pays back 50%of grant award to City Within 7 years Owner pays back 40% of grant award to City Within 8 years Owner pays back 30% of grant award to City E Within 9 years Owner pays back 20%of grant award to City Within 10 years Owner pays back 10%of grant award to City Q Year 10 and 1 month -There is no repayment C 9 C:\Users'griderjo\AppData\LocaNTemp\MinuteTraq\sanbernardinocitycans anbernardinocityca.IQM2.com\WorklAttachments\9349doc Packet Pa. 603 THE CITY OF SAN BERNARDINO COMMERCIAL REHABILITATION PROGRAM AGREEMENT "JOVI'S DINER" (123 NORTH "E" STREET) IN WITNESS WHEREOF, the City of San Bernardino and Jovi's Diner executed this Agreement as of the dates written next to the signatures of their duly authorized representatives,below. Jovi's Diner L Date: By: Nancy Quan, Owner 0 c 0 ca By: Jovanna Rodriguez, Operator �a E E CITY OF SAN BERNARDINO ° U r M to CDM f M Date: By: M Allen Parker, City Manager a� a� APPROVED AS TO FORM: E Gary D. Saenz, City Attorney �a r Q By: t- 0 10 C:\Uw-.\SriderjoWppDataY AaflTempWinuteTraq\sanbernardinocityca s sanbernardinocityca.IQbf2.com\Work Attachments\9349.doc Packet Pg. 604 7.A.b EXHIBIT"A" LINE ITEM BUDGET FOR THE PROJECT Staff recommends the following construction activities be performed under the Commercial Rehabilitation Program: Activity Proposed Cost 1. Painting of entire complex $ 19,500 2. Installation of new signage $ 13,500 3. Expand Jovi's Diner's entrance/doors $26,000 L 4. Installation of parking bumpers $ 4,050 c 5. Install an"Unauthorized Vehicle" sign Sub-Total $64,400 15% Contingency $ 9,660 �°, Grand Total $ 74,060 0 r a� R L d E E 0 U T M to M T_ Cl) tD M E E r Q E t V RS r w Q Packet Pq. 605 7.A.c y .x City of San Bernardino City Manager's Office-Housing Department ". ' � 300 North"D" Street, 6th Floor, San Bernardino,CA 92418 u 909-384-5122 Fax(909) 384-5138 San Bernal' 1110 Commercial Rehabilitation Application • _ o - 0 Address of property to be rehabilitated in the structure and usage: !� 7 StreetAdd ss o Ci State ZIP Cade tY t d W Business Name: 1 Ii E Approximately how old is the building you plan to rehabilitate: o 2. Applicant information M M N L i.+ Full Name- Fn in � `� ) Lost First M.1. Date 3 l O Address: 4�,�- b"�(}�� 1��i StreetAddress 3 _ T � l 2 City state ZIP Code CL CL Work Phone: a W_ bone Fax V to E-mail: } o Y m 3. . . - s E t Full Name: ( � (� � � i,�r• R Last First M.1. Date Q Address: [A) S reetAddress City State ZIP Code City of San Bernardino 300 North"D"Street,San Bernardino,CA 924113 For more program Information please call(952)313.3109 l , - 1 I Packet Pg.606 Work Phone: ft he Fox n E-mail: t t ! t kj a. Describe the facade and exterior rehabilitation work that you want to accomplish: (Note:The program will only approve rehabilitation activity that promotes its development goals. The City S will not pay for work that has been completed prior to Ruthorization to proceo) 1 rn > 0 c 0 Z m Ta L d E E 0 U M tD M L i.+ L b. Are you pr posing to add new signage or modify existing signage? o Yes ❑ No Certification 3 o The applicant certifies that: 2 a CL A. He/She has read the Program Guidelines and fully understands the content; d B. Has met with Housing Staff and understands and agrees to terms of Agreement; a tY C. The applicant understands that applications are being accepted on a first come,first serve U basis and that there can be no more than one application accepted. 0 Print Name of Applicant/Property Owner: E First Last M.I. _ U l4 y.• d Signature of Applicant/Property Owner: sign Date (ORIGINAL SIGNATURES IN BLUE INK) City of San Bernardino 300 North"D"Street,San Bernardino,CA 92418 For more program Information please call(951)313-3109 Packet Pq. 607 Rebuttal against the 2015-2020 San Bernardino Consolidated Plan Honorable Mayor and Members of the Council, Rather than expanding quality middle income housing which would increase our tax revenue and help our city financially, San Bernardino continues to expand the low cost housing stock and associated social programs. The city already has the largest number per capita of low cost housing in Southern California. Decades of flawed low cost housing policies have caused a tremendous social and economic decline in San Bernardino and the results speak for themselves. The city is bankrupt and has been the poorest and one of the state's most dangerous cities in California! Since January 2006 the number of people relying on public aid has increased 77% to 115,450 or 54.3% of the city's residents! San Bernardino's public aid population is 65% larger than all the people in Redlands! Successful cities are safe, have good governance, a large successful middle income population and a prosperous business community. They have an educated and skilled workforce, plenty of job opportunities, a large stock of first class, middle income housing and a good quality of life. San Bernardino has none of those qualities! It is absolutely imperative that the city makes it a priority to develop new safe neighborhoods with attractive quality housing in order to entice middle income residents from other cities to make San Bernardino their home town. Every day, between 15 and 20,000 County employees work in San Bernardino but the vast majority lives outside the city. Imagine being able to attract those people to live in a safe and prosperous San Bernardino! Over time, a substantially higher number of middle income residents would boost the city's economy as it would attract quality businesses, increase the tax revenue, create jobs, lower the poverty rate, increase the number of high school graduates , lower the crime rate and increase the quality of life for everyone in our city! The choice is clear! Hans Vandertouw 1200 E.40"' Street San Bernardino, CA 92404 909-289-2644 hvandertouw@chartermet �i°� �/7