HomeMy WebLinkAbout04-18-2018 Agenda BackupCITY OF SAN BERNARDINO
REVISED AGENDA
FOR THE
JOINT 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, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
WEDNESDAY, APRIL 18, 2018
4:00 PM – CLOSED SESSION 5:00 PM – OPEN SESSION
COUNCIL CHAMBER • 201 NORTH "E" STREET • SAN BERNARDINO, CA 92401 • WWW.SBCITY.ORG
Virginia Marquez R. Carey Davis James Mulvihill
COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7
Benito Barrios
Andrea M. Miller
COUNCIL MEMBER, W ARD 2 CITY MANAGER
John Valdivia Gary D. Saenz
COUNCIL MEMBER, W ARD 3 CITY ATTORNEY
Fred Shorett Georgeann “Gigi” Hanna
COUNCIL MEMBER, W ARD 4 CITY CLERK
Henry Nickel David Kennedy
COUNCIL MEMBER, W ARD 5 CITY TREASURER
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a
speaker slip. Speaker slips must be turned in to the City Clerk.You mail your request to speak to
publiccomments@sbcity.org prior to 4 p.m. Each request will cover one speaker. Those who wish to
speak must submit their own request to be called on by the Mayor.
o There is a 3-minute-per-person time limit for all comments, excluding quasi-judicial hearings.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record. It will not be read aloud by the City Clerk.
o Those who wish to speak on quasi-judicial hearing items will have three minutes for each item.
o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or
Mayor Pro Tempore before speaking.
o Please contact the City Clerk’s Office (384-5002) two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
o Please turn off or mute your cell phone while the meeting is in session.
Joint Regular Meeting Agenda April 18, 2018
Mayor and City Council of the City of San Bernardino Page 2 Printed 4/13/2018
Call to Order
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Virginia Marquez
Council Member, Ward 2 Benito Barrios
Council Member, Ward 3 John Valdivia
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 James Mulvihill
Mayor R. Carey Davis
City Clerk Georgeann "Gigi" Hanna
City Attorney Gary D. Saenz
City Manager Andrea M. Miller
CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address 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.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant
to Government Code Section 54956.9(a) and (d)(1)):
In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12 -bk-28006 MJ
Bank of America v. Duane M. Magee, et al., San Bernardino County Superior
Court Case No. CIVDS1504173
Michael Koster v. City of San Bernardino, WCAB Case No. ADJ10291907
Rick Oldfield v. City of San Bernardino, WCAB Case Nos. ADJ3414812,
ADJ126304
Brenda Hall v. City of San Bernardino, WCAB Case No. ADJ9335898
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4):
One Item
INVOCATION AND PLEDGE OF ALLEGIANCE
Joint Regular Meeting Agenda April 18, 2018
Mayor and City Council of the City of San Bernardino Page 3 Printed 4/13/2018
CLOSED SESSION REPORT
PRESENTATIONS
1. Special Recognition to SBPD – Baker to Vegas XXXIV – First Place for 500
Individual – Mayor R. Carey Davis
2. Aquinas High School – CIF Champions – Boys Soccer and Football – Mayor
R. Carey Davis
3. Issuance of Proclamation(s) – Mayor R. Carey Davis:
• Proclaim April 21, 2018 as Service Day – Cal State University
San Bernardino & Service Council
• Proclaim April 22, 2018 as Earth Day – Earth Day Network
• Proclaim April as DMV/Donate Life Month – One Legacy
4. Citizen of the Month – Art Davis – Council Member John Valdivia
5. APWA Award for Bryce E. Hanes Park
6. Chamber of Commerce & Local Elected Officials Announcements
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
A three-minute limitation shall apply to each member of the public who wishes to address
the Mayor and City Council on any item on the agenda, excluding public hearings. There is
no limit to the number of items that may be discussed within the three-minute time limit. To
be called on by the Mayor, please turn in individual speaker slips to the City Clerk by 5:00
p.m. the day of the meeting. If you wish, you may email your speaking request to
publiccomments@sbcity.org prior to the beginning of the meeting. Emailed requests to
speak will not be accepted from anyone but the person requesting to speak.
CONSENT CALENDAR
There will be no separate discussion of Consent Calendar items unless a Council
member requests that the item be considered in its normal sequence on the agenda.
Public comment on Consent Calendar items is limited to three minutes total per
person. There is no limit on the items that can be discussed within that time.
7. Waive Full Reading of Resolutions and Ordinances
Recommendation: Waive full reading of resolutions and ordinances on
the agenda dated April 18, 2018.
Joint Regular Meeting Agenda April 18, 2018
Mayor and City Council of the City of San Bernardino Page 4 Printed 4/13/2018
8. City Council Approval of Commercial and Payroll Checks
Recommendation: Approve the commercial and payroll checks for March
2018.
9. City Council Approval of Draft Minutes
Recommendation: Approve the minutes of the Mayor and City Council
Regular Meeting of February 21, 2018.
10. Imposing Liens to Recover Costs for Code Enforcement Abatement
Recommendation: Adopt Resolution No. 2018-106, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, imposing liens on certain real property
located within the City of San Bernardino for the costs of
public nuisance abatements.
11. Approval of Destruction of Certain Obsolete Case Files by the San
Bernardino Police Department
Recommendation: Adopt Resolution No. 2018-107, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, approving the destruction of certain obsolete
case files by the San Bernardino Police Department.
12. Agreement with KOA Corporation for Engineering Design Services
Recommendation: Adopt Resolution No. 2018-108, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, authorizing the execution of an Agreement
between the City of San Bernardino and KOA
Corporation for Engineering Design Services for
Pavement Rehabilitation of 11 Street Segments
throughout the City, (SS18-002 & SS18-005) and
authorizing the Director of Finance to issue a
purchase order in the amount of $118,690.
13. Agreement with Willdan Engineering, Inc. for Civil Engineering Design
Services
Recommendation: Adopt Resolution No. 2018-109, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, authorizing an Agreement between the City
of San Bernardino and Willdan Engineering, Inc. for
civil engineering design services for pavement
rehabilitation for fourteen (14) Street Segments
throughout the City (SS18-003 & SS17-003) and
authorizing the Director of Finance to issue a
Purchase Order in the amount of $166,036.
Joint Regular Meeting Agenda April 18, 2018
Mayor and City Council of the City of San Bernardino Page 5 Printed 4/13/2018
14. Agreement with Pacific Builders and Roofing, Inc. for Roofing and Fascia
Replacement at Howard M. Rowe Branch Library
Recommendation: Adopt Resolution No. 2018-110, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, authorizing an Agreement between the City
of San Bernardino and Pacific Builders and Roofing,
Inc., in the amount of $122,880, authorizing a
construction contingency in the amount of $12,288,
for a total amount not to exceed $135,168 , and
authorizing the City Manager or her designee to
expend the contingency fund, if necessary, to
complete the project.
15. Infrastructure Improvement Agreement with the San Manuel Band of
Mission Indians for Victoria Avenue Improvements
Recommendation: Adopt Resolution No. 2018-111, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, authorizing the City Manager to enter into
an infrastructure improvement agreement with San
Manuel Band of Mission Indians (SMBMI) for the
rehabilitation of various streets throughout the City.
16. Agreement with Quality Light and Electric for Street Lighting Repair
Services
Recommendation: Adopt Resolution No. 2018-112, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, approving a Vendor Services Agreement
between the City of San Bernardino and Quality Light
and Electrical (QLE) for street light repair services
and issuance of an Annual Purchase Order not to
exceed $555,000 with four (4) one-year extensions at
the City’s option to QLE for street light repair services
per Special Provisions No. 13188.
17. Am endment Number Two to the Agreement with R.T. Desai & Associates
for Accounting Consultant Services
Recommendation: Adopt Resolution No. 2018-113, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, authorizing the execution of Amendment
Number Two to the Professional Services Agreement
between the City of San Bernardino and consultant
R.T. Desai & Associates for Accounting Services in
the amount of $150,000 for a total amount not to
exceed $340,000.
Joint Regular Meeting Agenda April 18, 2018
Mayor and City Council of the City of San Bernardino Page 6 Printed 4/13/2018
18. Amendment Number One to Agreement with Moore Iacofano Goltsman, Inc.
for the Comprehensive Update to the City’s Signage Regulations
Recommendation: Adopt Resolution No. 2018-114, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, approving Amendment Number One to the
Consultant Services Agreement with Moore lacofano
Goltsman, Inc. to increase the amount by $3,000 for a
total amount not to exceed $62,925, and extend the
term of the agreement to December 31, 2018, for the
preparation of the Comprehensive Signage Regulations
Update.
19. Establishment of All-Way Stop Controls at the intersection of Pacific Street
and Central Avenue
Recommendation: Adopt Resolution No. 2018-115, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, establishing All-Way Controls at the
intersection of Pacific Street and Central Avenue.
20. Amendment of San Bernardino Municipal Code Chapter 10.52, Speed
Zones, to Establish the Speed Limit on “D” Street
Recommendation: Introduce for first reading Ordinance No. MC-1491, an
Ordinance of the Mayor and City Council of the City of
San Bernardino, California, amending San Bernardino
Municipal Code Chapter 10.52 to reduce the speed
limit on “D” Street between Highland Avenue and
Twenty-Eighth Street from forty-five miles an hour to
thirty-five miles an hour.
21. Agreement with SCE for energy efficiency-light fixture replacement rate
agreement
Recommendation: Adopt Resolution No. 2018-116, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, authorizing an Agreement between the City
of San Bernardino and Southern California Edison for
the Schedule LS-1 Option E, Energy Efficiency-Light
Emitting Diode (LED) Fixture Replacement Rate
Agreement.
Joint Regular Meeting Agenda April 18, 2018
Mayor and City Council of the City of San Bernardino Page 7 Printed 4/13/2018
22. Charter Implementation – Changes to the City of San Bernardino’s Boards,
Commissions and Citizen Advisory Committees Part IV – Final Reading
Recommendation: 1. Accept for final reading and adopt Ordinance No.
MC-1480, an Ordinance of the Mayor and City
Council of the City of San Bernardino, California
repealing San Bernardino Municipal Code Chapter
2.43 and amending San Bernardino Municipal
Code Chapter 5.76 related to Bureau of
Franchises, Taxicabs and Non-Emergency
Vehicles;
2. Accept for final reading and adopt Ordinance No.
MC-1481, an Ordinance of the Mayor and City
Council of the City of San Bernardino, California
amending San Bernardino Municipal Code
Chapter 8.90 (Mobile Home Rents) dissolving the
Mobile Home Rent Board and delegating
responsibility for the review of Mobile Home Park
rent increase requests to an independent Hearing
Officer;
3. Accept for final reading and adopt Ordinance No.
MC-1482, an Ordinance of the Mayor and City
Council of the City of San Bernardino, California
amending San Bernardino Municipal Code
Chapter 15.37 related to Historic Building
Demolition; and
4. Accept for final reading and adopt Ordinance No.
MC-1483, an Ordinance of the Mayor and City
Council of the City of San Bernardino, California,
enacting San Bernardino Municipal Code Chapter
2.27 related to the “Library Board.”
23. Charter Implementation – Business Registration Division Transfer Part II –
Final Reading
Recommendation: 1. Accept for final reading and adopt Ordinance No.
MC-1484, an Ordinance of the Mayor and City
Council of the City of San Bernardino, California
amending San Bernardino Municipal Code
Chapters 3.55, 3.64, 5.44, 8.60, 12.32, and 14.08
transferring licensing of certain businesses and
uses from the City Clerk to the Finance
Department of the City of San Bernardino and
repealing San Bernardino Municipal Code Chapter
3.60 related to the Cigarette Tax;
Joint Regular Meeting Agenda April 18, 2018
Mayor and City Council of the City of San Bernardino Page 8 Printed 4/13/2018
2. Accept for final reading and adopt Ordinance No.
MC-1485, an Ordinance of the Mayor and City
Council of the City of San Bernardino, California
repealing San Bernardino Municipal Code Chapter
5.16 entitled “Fire, Removal, or Closing-Out
Sales”;
3. Accept for final reading and adopt Ordinance No.
MC-1486, an Ordinance of the Mayor and City
Council of the City of San Bernardino, California
repealing San Bernardino Municipal Code Chapter
5.40 related to “Charitable and Religious
Solicitation in Central City Mall”, and
4. Accept for final reading and adopt Ordinance No.
MC-1487, an Ordinance of the Mayor and City
Council of the City of San Bernardino, California
amending San Bernardino Municipal Code
Chapter 5.52, transferring licensing of escort
bureaus from the City Clerk to the Police
Department of the City of San Bernardino,
amending San Bernardino Municipal Code
Chapter 5.84 related to enforcement, and
repealing San Bernardino Municipal Code Chapter
5.60 related to motor buses.
24. Final reading of Ordinance No. MC-1488 reauthorizing the City’s Public,
Educational, and Governmental Access and Support Fee
Recommendation: Accept for final reading and adopt Ordinance No. MC-
1488, an Ordinance of the Mayor and City Council of
the City of San Bernardino, California, reauthorizing
the City’s Public, Educational, and Governmental
Access and Support Fee.
25. Final Reading – General Plan Amendment 18-01
Recommendation: Accept for final reading and adopt Ordinance No.
MC-1490 an Ordinance of the Mayor and City Council
of the City of San Bernardino, California, adopting a
Categorical Exemption, and approving General Plan
Amendment 18-01 to amend the General Plan
Circulation Element to reclassify Shandin Hills Drive
from a Local Street to a Secondary Arterial.
Joint Regular Meeting Agenda April 18, 2018
Mayor and City Council of the City of San Bernardino Page 9 Printed 4/13/2018
STAFF REPORTS
26. Legislative Program Policy and Procedures and the 2018 Legislative and
Regulatory Platform
Recommendation: Adopt Resolution No. 2018-117, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California, establishing the Legislative Program Policy
and Procedures and the 2018 Legislative and
Regulatory Platform for the City of San Bernardino.
27. Amendment to the City’s Conflict of Interest Code
Recommendation: Adopt Resolution No. 2018-118, a Resolution of the
Mayor and City Council of the City of San Bernardino,
California and the Mayor and City Council of the City
of San Bernardino, California, Acting as the
Successor Agency to the Redevelopment Agency
authorizing amended Resolution No. 2018-14, and
Appendix A and amending the City's Conflict of
Interest Code.
28. Third Annual Arts Fest – Wrap Up Report
Recommendation: Receive and file a summary report on the Third Annual
Arts Fest.
PUBLIC HEARING
29. Development Code Amendment 18-01 and Conditional Use
Permit 18-02
Recommendation: 1. Introduce for first reading, Ordinance No. MC-
1492, an Ordinance of the Mayor and City Council
of the City of San Bernardino, California, adopting
the Categorical Exemption, and approving
Development Code Amendment 18-01 to amend
Chapter 19.06 (Commercial Zones), Table 06.01
(Commercial Zones List of Permitted,
Development Permitted and Conditionally
Permitted Uses) of the City of San Bernardino
Development Code to allow Veterinary Services
(with animal boarding) within the Commercial
General (CG-3) Zone subject to the approval of a
Conditional Use Permit, and
Joint Regular Meeting Agenda April 18, 2018
Mayor and City Council of the City of San Bernardino Page 10 Printed 4/13/2018
2. Adopt Resolution No. 2018-119, a Resolution of
the Mayor and City Council of the City of San
Bernardino, California, adopting the Previous
Environmental Determination, and approving
Conditional Use Permit 18-02 to allow the
establishment and operation of a veterinary office,
with animal boarding, within a tenant space
containing approximately 4,200 square feet within
a previously approved commercial building located
at 1775 W. Northpark Boulevard, Suite B1 (APN:
0141-372-26) within the Commercial General (CG-
3) Zone, and
3. Schedule the second reading of the above
ordinance to the regularly scheduled meeting of
the Mayor and City Council on May 2, 2018.
QUASI-JUDICIAL HEARINGS
30. Continue Public Hearing - Appeal of Pepe's Towing
Recommendation: By mutual agreement of the parties, continue to
May 2, 2018.
31. Adopt a Resolution Approving Conditional Permit 18 -01 for a Temporary
Cannabis Event from April 20, 2018 to April 22, 2018 at the National Orange
Show Pursuant to San Bernardino Municipal Code Section 5.10.060(B)
Recommendation: Review, discuss, and take possible action to adopt
Resolution No. 2018-99, a Resolution of the Mayor
and City Council of the City of San Bernardino,
California, approving Conditional Permit 18-01 for a
Temporary Cannabis Event at the National Orange
Show Events Center by the Trans-High Corporation
for April 20, 2018 through April 22, 2018 pursuant to
San Bernardino Municipal Code Section 5.10.060(B).
32. ANNOUNCEMENTS BY MAYOR, CITY COUNCIL AND EXECUTIVE STAFF
33. 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 Wednesday, May 2, 2018 in the Council Chamber located at 201
North “E” Street, San Bernardino, California 92401. Closed Session will begin
at 4:00 p.m. and Open Session will begin at 5:00 p.m.
Joint Regular Meeting Agenda April 18, 2018
Mayor and City Council of the City of San Bernardino Page 11 Printed 4/13/2018
CERTIFICATION OF POSTING AGENDA
I, Georgeann “Gigi” Hanna, CMC, City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the April 18, 2018 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 in the breezeway of City Hall, 300 North “D” Street,
San Bernardino, California, at the San Bernardino Public Library, and on the City’s website
www.ci.san-bernardino.ca.us on Friday, April 13, 2018.
I declare under the penalty of perjury that the foregoing is true and correct.
Georgeann “Gigi” Hanna, CMC, City Clerk
NOTICE: Any member of the public may address this meeting of the Mayor and City Council and
the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on
any item appearing on the agenda by approaching the microphone in the Council Chamber when
the item about which the member desires to speak is called and by asking to be recognized.
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 three minute
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.
Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: April 18, 2018
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
Subject: Waive Full Reading of Resolutions and Ordinances
Recommendation:
Waive full reading of Resolutions and Ordinances on the agenda dated April 18, 2018.
7.a
Packet Pg. 12 Attachment: Waive Reading.Report_April 18 (5482 : Waive Full Reading of Resolutions and Ordinances)
8.a
Packet Pg. 13 Attachment: FN- Commercial Checks Payroll Report -April 18, 2018 (5485 : City Council Approval of Commercial and Payroll Checks)
Mayor and City Council and City Manager 2018-2019 Goals and Objectives
Approval of the noted check registers for commercial and payroll checks aligns with
Goal No. 6 Operate in a Fiscally Responsible and Business-Like Manner. The Mayor
and City Council’s approval of the City’s weekly remittances to third parties promotes
transparency of City business with the public.
Fiscal Impact
Amounts noted in the check 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 attached check registers be approved by the Mayor and City
Council.
Attachments
Attachment 1 – Commercial checks for Register #47
Attachment 2 – Commercial checks for Register #48
Attachment 3 – Commercial checks for Register #49
Attachment 4 – Payroll checks for March 2018
Ward:
Synopsis of Previous Council Actions:
8.a
Packet Pg. 14 Attachment: FN- Commercial Checks Payroll Report -April 18, 2018 (5485 : City Council Approval of Commercial and Payroll Checks)
8.b
Packet Pg. 15 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 16 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 17 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 18 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 19 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 20 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 21 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 22 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 23 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 24 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 25 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.b
Packet Pg. 26 Attachment: FN-Commercial Checks & Payroll. Register #47 (5485 : City Council Approval of Commercial
8.c
Packet Pg. 27 Attachment: FN-Commercial Checks & Payroll. Register #48 (5485 : City Council Approval of Commercial
8.c
Packet Pg. 28 Attachment: FN-Commercial Checks & Payroll. Register #48 (5485 : City Council Approval of Commercial
8.c
Packet Pg. 29 Attachment: FN-Commercial Checks & Payroll. Register #48 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 30 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 31 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 32 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 33 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 34 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 35 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 36 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 37 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 38 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 39 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 40 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 41 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 42 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 43 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 44 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 45 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 46 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 47 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.d
Packet Pg. 48 Attachment: FN-Commercial Checks & Payroll. Register #49 (5485 : City Council Approval of Commercial
8.e
Packet Pg. 49 Attachment: FN-Payroll Summary Reports (5485 : City Council Approval of Commercial and Payroll Checks)
8.e
Packet Pg. 50 Attachment: FN-Payroll Summary Reports (5485 : City Council Approval of Commercial and Payroll Checks)
Consent Calendar
City of San Bernardino
Request for Council Action
\
Date: April 18, 2018
To: Honorable Mayor and City Council Members
From: Gigi Hanna, City Clerk
Subject: Draft Minutes
Recommendation
Approve the minutes of the Mayor and City Council Regular Meeting of February 21,
2018.
9.a
Packet Pg. 51 Attachment: Minutes_April 18 (5489 : City Council Approval of Draft Minutes)
City of San Bernardino
201 North "E" Street
San Bernardino, CA 92418
http://www.sbcity.org
Mayor and City Council of the City of San Bernardino Page 1 Printed 2/27/2018
DRAFT MINUTES
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
WEDNESDAY, FEBRUARY 21, 2018
COUNCIL CHAMBER
The Joint Regular Meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by Mayor
R. Carey Davis at 4:03 PM, Wednesday, February 21, 2018, in the Council Chamber,
201 North "E" Street, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived
Virginia Marquez Council Member, Ward 1 Present 4:03 PM
Benito J. Barrios Council Member, Ward 2 Present 4:03 PM
John Valdivia Council Member, Ward 3 Present 4:03 PM
Fred Shorett Council Member, Ward 4 Absent ------------
Henry Nickel Council Member, Ward 5 Present 4:03 PM
Bessine L. Richard Council Member, Ward 6 Present 4:03 PM
James Mulvihill Council Member, Ward 7 Present 4:03 PM
R. Carey Davis Mayor Present 4:03 PM
Georgeann "Gigi" Hanna City Clerk Present 4:03 PM
Gary D. Saenz City Attorney Present 4:03 PM
Andrea Miller City Manager Present 4:03 PM
Closed Session
Pursuant to Government Code Sections(s):
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant
to Government Code Section 54956.9(a) and (d)(1):
Mayor R. Carey Davis
Council Members
Virginia Marquez
Benito Barrios
John Valdivia
Fred Shorett
Henry Nickel
Bessine Richard
Jim Mulvihill
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Mayor and City Council of the City of San Bernardino Page 2 Printed 2/27/2018
In re: City of San Bernardino, U.S. Bankruptcy Court Case No. 6:12-bk-28006 MJ
Ortiz, et al. v. City of San Bernardino & Dominick Mart inez, U.S. District Court
Case No. 5:16−CV−02291 JGB (KKX)
Joaquin, Francisco Sanchez v. City of San Bernardino, U.S. District Court Case
No. CV10-7138 CAS and San Bernardino County Superior Court Case No.
CIVDS 1007543
Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino County
Superior Court Case No. CIVDS 1704276
Kush Concepts, et al. v. City of San Bernardino, San Bernardino County Superior
Court Case No. CIVDS 1702131
Karmel Roe v. City of San Bernardino, et al., San Bernardino County Superior
Court Case No. CIVDS 1712424
MJ Dispensary Inc., et al. v. City of San Bernardino, San Bernardino County
Superior Court Case No. CIVDS 1802539
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation – Pursuant to Government Code Section 54956.9(d)(4):
One (1) Item
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to
Government Code Section 54956.8:
Property: 295 Carousel Mall
City negotiator: Andrea Miller, City Manager
Negotiating parties: To be determined
Under negotiation: Price, terms of payment
Property: E. Cooley Avenue
(APN Nos. 0281-031-51 & 0281-041-41)
City Negotiator: Andrea Miller, City Manager
Negotiating Parties: City of San Bernardino as Successor Agency to the
Redevelopment Agency of the City of San Bernardino; Tim
Howard, HIP SoCal Properties LLC, a California
Limited Liability Company
Under negotiation: Price, terms of payment
Property: 207 & 207-1/2 E. 10th Street (APN No. 0140-171-16)
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Mayor and City Council of the City of San Bernardino Page 3 Printed 2/27/2018
City Negotiator: Andrea Miller, City Manager
Negotiating Parties: City of San Bernardino as Successor Agency to the
Redevelopment Agency of the City of San
Bernardino; Mario Espino, Brother’s Home Trading
Corporation; Orlando Huizar, Raziuh Investments
Corporation
Under Negotiation: Price, terms of payment
Property: 693 W. Evans Street (APN No. 0145-171-11)
City Negotiator: Andrea Miller, City Manager
Negotiating Parties: City of San Bernardino as Successor Agency to the
Redevelopment Agency of the City of San
Bernardino; Mario Espino, Brother’s Home Trading
Corporation; Orlando Huizar, Raziuh Investments
Corporation
Under Negotiation: Price, terms of payment
Property: 1348 Union Street (APN No. 0139-231-34)
City Negotiator: Andrea Miller, City Manager
Negotiating Party: City of San Bernardino as Successor Agency to the
Redevelopment Agency of the City of San
Bernardino; City of San Bernardino as Successor
Housing Agency
Under Negotiation: Price, terms of payment
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Council Member John Valdivia and the Pledge was led by
Daniel Bibiano, a fifth grade student from Mt. Vernon Elementary School.
CLOSED SESSION REPORT
City Attorney Saenz reported the following actions took place in Closed Session:
In re: Ortiz, et al. v. City of San Bernardino & Dominick Martinez, U.S. District
Court Case No. 5:16−CV−02291 JGB (KKX), the council gave settlement
directive by a vote of 6-0, with Shorett absent.
In re: Joaquin, Francisco Sanchez v. City of San Bernardino, U.S. District Court
Case No. CV10-7138 CAS and San Bernardino County Superior Court Case No.
CIVDS 1007543, the council gave settlement directive by a vote of 6 -0, with
Shorett absent.
In re:
Quiang Ye, Applicant, et al. v. City of San Bernardino, San Bernardino
County Superior Court Case No. CIVDS 1704276;
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Mayor and City Council of the City of San Bernardino Page 4 Printed 2/27/2018
Kush Concepts, et al. v. City of San Bernardino, San Bernardino County
Superior Court Case No. CIVDS 1702131
Karmel Roe v. City of San Bernardino, et al., San Bernardino County
Superior Court Case No. CIVDS 1712424
MJ Dispensary Inc., et al. v. City of San Bernardino, San Bernardino
County Superior Court Case No. CIVDS 1802539
Council received a status report on the matters but took no action.
In re: One (1) Item - Anticipation of litigation – Pursuant to Government Code
Section 54956.9(d)(4), the council gave settlement negotiation directive by a vote
of 6-0, with council member Shorett absent.
In re: Conference with Real Property Negotiators -- Pursuant to Government
Code Section 54956.8:
Property: 295 Carousel Mall
Under negotiation: Price, terms of payment
Property: E. Cooley Avenue
(APN Nos. 0281-031-51 & 0281-041-41)
Under negotiation: Price, terms of payment
Property: 207 & 207-1/2 E. 10th Street (APN No. 0140-171-16)
Under Negotiation: Price, terms of payment
Property: 693 W. Evans Street (APN No. 0145-171-11)
Under Negotiation: Price, terms of payment
Property: 1348 Union Street (APN No. 0139-231-34)
Under Negotiation: Price, terms of payment
The Council gave negotiation directive which will be reported when the
agreements become final.
APPOINTMENT
1. Planning Commission Appointment of Edward G. Woolbert – Council
Member Jim Mulvihill
Approved
Motion: Appoint Mr. Edward G. Woolbert to the
Planning Commission.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
PRESENTATIONS
2. In honor of Black History Month – Special Presentation for the First African
American Officer Johnnie Epps Received by his widow Mrs. Maria Epps –
Mayor R. Carey Davis & SBPD
Mayor Davis and Chief Burguan honored Maria Epps for her husband’s service
as the city’s first African American police officer. Epps died in December 1950. In
honor of Black History Month the SBPD has added a plaque to the police
department’s museum and Mayor Davis provided a proclamation to the family.
Representatives from the offices of Senator Mike Morrell and Assemblyman Marc
Steinorth also provided proclamations honoring Epps contributions to the city.
Student of the Month – Tina Bui, San Gorgonio High School – Council
Member Jim Mulvihill
Council member Mulvihill presented a proclamation to Ms. Bui, who has a 4.9
grade point average honoring her as student of t he month. She was also honored
by representatives from the offices of Senator Mike Morrell and Assemblyman
Marc Steinorth.
3. Citizen of the Month – Heather Stevning – Council Member Virginia
Marquez
Council member Marquez honored Heather Stevning, executive director of
Option House, as citizen of the month. She was also honored by representatives
from the offices of Senator Mike Morrell and Assemblyman Marc Steinorth.
4. Chamber of Commerce & Local Elected Officials Announcements
Gabriela Rubio of the National Orange Show gave the announcements from the
San Bernardino Area Chamber of Commerce.
Consent Calendar
5. Waive Full Reading of Resolutions and Ordinances
Approved
Motion: Waive full reading of resolutions and ordinances on the
agenda dated February 21, 2018.
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Mayor and City Council of the City of San Bernardino Page 6 Printed 2/27/2018
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
7. City Council Approval of Commercial and Payroll Checks
Approved
Motion: Approve the commercial and payroll checks for January
2018.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
8. Infill Housing Program Agreement with Housing Partners I, Inc.
Approved
Motion: Adopt the resolution.
Reso 2018-51 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the execution of a HOME
Investment Partnerships Program (HOME) Grant Agreement
with Housing Partners I, (HPI) Inc.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
9. Charter Implementation – Final Reading- Changes to the Boards,
Commissions, and Citizen Advisory Committees Part II
Speakers
Shirley Harlan
Jim Smith
Roxanne Williams
Approved
Motion: Adopt the ordinances.
MC-1458 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, repealing Chapter 2.18, Chapter
2.30, and Chapter 2.49 of the San Bernardino Municipal
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Code related to the Parks, Recreation, and Community
Services Department and Commission, the Fine Arts
Commission, and the Senior Affairs Commission.
MC-1459 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, repealing San Bernardino Municipal
Code Chapter 2.31 regarding the Relocation Appeals Board;
repealing San Bernardino Municipal Code Chapter 2.40
regarding the Community Development Commission; and
repealing San Bernardino Municipal Code Chapter 2.46
regarding the Disaster Council.
MC-1460 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, repealing Chapter 2.23 of the San
Bernardino Municipal Code related to the “Historical
Preservation Commission.”
MC-1463 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, amending Title 2 of the San
Bernardino Municipal Code, adding Chapter 2.19
establishing an Elected Official Compensation Advisory
Commission.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
10. Violence Intervention and Prevention Grant Program Funds
Approved
Motion: Adopt the resolution.
Reso. 2018-39* Resolution of the Mayor and City Council of San Bernardin o,
California, stating its intention to receive funds from the
California Board of State and Community Corrections and
authorizing the City Manager to receive and administer
Grant Funds.
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Mayor and City Council of the City of San Bernardino Page 8 Printed 2/27/2018
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
*Due to numbering of the resolution for this item, the City Clerk recommends that the
Council direct the City Clerk to renumber the above resolution as Reso. 2018-92 at
the meeting when these minutes are approved.
11. Amendment No. 2 to the Vulcan Materials Company Agreement
Approved
Motion: Adopt the resolution.
Reso. 2018-40 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the execution
Amendment No. 2 to the Vendor Purchase Agreement with
Vulcan Materials Company for the purchase of asphalt
materials for road repairs.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
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Mayor and City Council of the City of San Bernardino Page 9 Printed 2/27/2018
12. Recognized Obligation Payment Schedule 18-19 a & B
Approved
Motion: Adopt the resolution.
Reso. 2018-41 Resolution of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to
the Redevelopment Agency of the City of San Bernardino,
California, approving the Recognized Obligation Payment
Schedule 18-19 A and B and approving certain related
actions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
13. Issuance of a Purchase Order to Moss Brothers Dodge for the Purchase of
Police Forensic Vehicles
Approved
Motion: Adopt the resolution.
Reso. 2018-42 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to
issue a Purchase Order to Moss Brothers Dodge in the
amount of $51,537.50 for the purchase of two police forensic
vehicles.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
14. First Amendment to Agreement with AON Risk Insurance Services for
Property Insurance Broker Services
Speaker
Robert Porer
Approved
Motion: Adopt the resolution.
Reso. 2018-43 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the execution of a First
Amendment to the Consultant Services Agreement between
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AON Risk Insurance Services West, Inc. and the City of San
Bernardino.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
15. Chevron Appalachia Oil and Gas Lease Proposal
Speaker
Robert Porter
Approved
Motion: Adopt the resolution.
Reso. 2018-44 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to
execute an agreement with Chevron Appalachia, LLC to
lease 4.679 oil and gas mineral acres in Westmoreland
County, PA, for a period of five (5) years, with the option of a
single five (5) year extension.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
16. Final Reading – General Plan Amendment 14-09 and Development Code
Amendment (Zoning Map Amendment) 14-18
Approved
Motion: Adopt the ordinance.
MC-1467 Ordinance of the Mayor and City Council of the City of San
Bernardino, California, approving General Plan Amendment
14-09 and Development Code Amendment (Zoning Map
Amendment) 14-18 to change the General Plan Land Use
Designation from Multi-Family Residential to Industrial and
Zoning District Classification from Residential Medium High
(RMH) to Industrial Light (IL) of an area containing
approximately 20.30 acres (APN: 1192-181-01, and 1192-
201-04).
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RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: James Mulvihill, Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
Staff Reports
17. Charter Implementation – Changes to the Boards, Commissions, and
Citizen Advisory Committees Part III
Approved
Motion: Introduce for first reading the following ordinances:
MC-1468, an Ordinance of the Mayor and City Council
of the City of San Bernardino, California, repealing
Chapter 2.26 of the San Bernardino Municipal Code
related to the Animal Control Commission;
MC 1469, an Ordinance of the Mayor and City Council of
the City of San Bernardino, California, amending
Chapter 6.14 of the San Bernardino Municipal Code
related to Administrative Citations;
MC 1470, an Ordinance of the Mayor and City Council of
the City of San Bernardino, California, amending
Chapter 6.09 of the San Bernardino Municipal Code
related to Vicious and Potentially Dangerous Dogs;
MC-1471 an Ordinance of the Mayor and City Council of
the City of San Bernardino, California repealin g Chapter
2.34 and Chapter 2.39 of the San Bernardino Municipal
Code related to the Board of Police Commissioners and
the Human Relations Commission;
MC-1472, an Ordinance of the Mayor and City Council
of the City of San Bernardino, California, amending and
renaming Chapter 5.82 of the San Bernardino Municipal
Code related to “Operator Permit Regulations.”;
MC-1473, an Ordinance of the Mayor and City Council
of the City of San Bernardino, California, amending
Chapter 2.22 of the San Bernardino Municipal Code
related to the “Planning Commission.”;
MC-1474, an Ordinance of the Mayor and City Council
of the City of San Bernardino, California, amending
Chapter 2.45 of the San Bernardino Municipal Code to
create the “Building and Accessibility Appeals Board.”;
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and
Adopt the resolutions.
Reso. 2018-45 Resolution of the Mayor and City Council of the City of San
Bernardino, California, establishing the Animal Control
Commission.
Reso. 2018-46 Resolution of the Mayor and City Council of the City of San
Bernardino, California, establishing the Public Safety and
Human Relations Commission.
Reso. 2018-47 Resolution of the Mayor and City Council of the City of San
Bernardino, California, establishing the Parks, Recreation
and Community Services Commission.
RESULT: ADOPTED [4 TO 2]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Virginia Marquez, Henry Nickel, Bessine L. Richard, James Mulvihill
NAYS: Benito J. Barrios, John Valdivia
ABSENT: Fred Shorett
18. Charter Implementation – Personnel System, Business Registration,
Treasury Division Transfer, and Reclassifications
Approved
Motion: Introduce for first reading the following ordinances:
MC-1475, an Ordinance of the Mayor and City Council of
the City of San Bernardino, California, repealing and
replacing Chapter 2.04 of the San Bernardino Municipal
Code related to the “Human Resources Department” to
establish a Personnel System.
MC-1476, an Ordinance of the Mayor and City Council of
the City of San Bernardino, California, repealing and
replacing Chapter 2.08 of the San Bernardino Municipal
Code related to City Treasurer.
MC-1477, an Ordinance of the Mayor and City Council of
the City of San Bernardino, California, amending Chapter
2.10 of the San Bernardino Municipal Code related to the
Department of Finance.; and
And, adopt the resolution.
Reso. 2018-48 Resolution of the Mayor and City Council of the City of San
Bernardino, California, authorizing the reclassification of full-
time Business Registration and Treasury Division job
classifications and employees.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
19. League of California Cities Transportation, Communication & Public Works
Policy Committee Meeting - January 18, 2018
The Mayor and City Council received an oral report from Council Member Nickel.
No vote was taken on this item
20. 2018 Las Vegas EB-5 & Global Investment Immigration Convention -
January 26 - 27, 2018
The Mayor and City Council received an oral report from Council Member Nickel.
No vote was taken on this item
21. 2018 International Economic Development Council (IEDC) Leadership
Summit - January 28 - 30, 2018
The Mayor and City Council received an oral report from Council Member Nickel.
No vote was taken on this item
22. SCAG General Assembly Delegate and Alternate
Approved
Motion: Select Council Member Jim Mulvihill as delegate and
Council Member Benito J. Barrios as alternate to the 2018
Southern California Association of Governments (SCAG)
Regional Conference General Assembly (GA) to be held
May 2-4, 2018 in Indian Wells, California.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Henry Nickel, Council Member, Ward 5
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
Public Hearings
23. U.S. Veterans Social Service Housing Facility – Appeal 17-01 For
Conditional Use Permit 17-14 and Minor Exception 17-06
Mayor Davis opened the public hearing and Clerk Hanna swore in those who
wished to speak on the item.
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Speakers
Amelia Lopez, opposed
Eddie Estrada, applicant
Kimberly Leonardo, support
Javier Molina, support
Karmel Roe, opposed
Scott Olson, support
Don Feliz, support
Ray Osbourne, support
John Matley, support
Debbi Matley, support
Marcus Dillard, support
Christine Zepeda, support
Barbara Babcock, support
Approved
Motion: Remand the item to the Planning Commission for
reconsideration.
RESULT: ADOPTED [3-3; MAYORAL VETO]
MOVER: Henry Nickel, Council Member, Ward 5
SECONDER: Bessine Richard, Council Member, Ward 6
AYES: Nickel, Richard, Mulvihill
NOES: Marquez, Barrios, Valdivia
ABSENT: Fred Shorett
After public testimony on the matter, there was a motion to reconsider the item.
RESULT: FAILED [3-3]
MOVER: Benito Barrios, Council Member, Ward 2
SECONDER: John Valdivia, Council Member, Ward 3
AYES: Marquez, Barrios, Valdivia
NOES: Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
24. Business Registration Liens
Mayor Davis opened the public hearing and Clerk Hanna swore in those who
wished to speak on the item.
Speaker
Raymond Wheeler
Approved
Motion: Close the public hearing and direct the City Clerk to
administratively remove any properties from the
Business Registration Liens List (Exhibit A), which
have been paid prior to the hearing; and adopt the
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resolution.
Reso. 2018-50 Resolution of the Mayor and City Council of the City
of San Bernardino, California, imposing liens on
certain parcels of real property located within the City
of San Bernardino for uncollected Business
Registration fees.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Benito J. Barrios, Council Member, Ward 2
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
25. Appeal of Denial of Tow Carrier--Pepe’s Towing
Approved
Motion: By mutual agreement of the parties, continue to
March 7, 2018.
RESULT: ADOPTED [UNANIMOUS]
MOVER: John Valdivia, Council Member, Ward 3
SECONDER: Benito J. Barrios, Council Member, Ward 2
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
26. Adopt Development Code Amendment 18-02 Regarding Cannabis
Regulations - Commercial Activity, Smoking in Public and Personal
Cultivation
Speakers
Tige Locato, opposed
Frank Montes, opposed
William Ciocci, opposed
Christine Roman, opposed
Scott Olson, opposed
Majid Seraj, opposed
Ben Eilenberg, opposed
Mark Estermeyer, support
Karmel Roe, opposed
Rory Murray, opposed
Stephan Escalante,
James Penman, support
Eli Cortes, opposed
Gem Montes, support
Approved
Motion: Introduce ordinances with modifications [listed in
brackets]:
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Mayor and City Council of the City of San Bernardino Page 16 Printed 2/27/2018
MC-1464, an Ordinance of the Mayor and City Council
of the City of San Bernardino, California, adding
Chapter 5.10 of the San Bernardino Municipal Code
related to regulation to regulation of commercial
cannabis activities (Development Code Amendment 18-
02A); [Change 5.10.110. from 36 months to 12 months;
change 5.10.179 (f) from 36 months to 12 months;
5.1.090(d) add initial before “applications”; in
5,10.370(a) adding language “subject to the approval of
the Mayor and City Council” and a “buffer of 600 feet”]
MC-1465, an Ordinance of the Mayor and City Council
of the City of San Bernardino, California, adding
Chapter 8.97 to the San Bernardino Municipal Code
establishing regulations for the smoking of cannabis in
public places (Development Code Amendment 18 -028);
[Change 8.97.070(a) to “50 feet”]
MC-1466, an Ordinance of the Mayor and City Council
of the City of San Bernardino, California, adding
Chapter 8.99 to the San Bernardino Municipal Code
establishing regulations for personal cultivation of
cannabis within private residences (Development Code
Amendment 18-02C). [Add language from staff report
concerning Option 2 of the staff report to 8.99.040 as
subsection C and amend 8.99.040(a) defining more
than 6 plants as a commercial enterprise]
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jim Mulvihill, Council Member, Ward 7
SECONDER: Virginia Marquez, Council Member, Ward 1
AYES: Marquez, Barrios, Valdivia, Nickel, Richard, Mulvihill
ABSENT: Fred Shorett
27. Public Comments on Items Not on the Agenda
Social work students from CSUSB – Group I, students discussed a survey they
did regarding homeless issue wherein most residents said they were
uncomfortable in the community. They announced a “Empower Homeless” event at
Perris Hill park on March 4 to provide 80 hygiene bags for the homeless and asked
for donations for the bags. [Students were named: Rosi, Jenna, Angelica,
Cheyenne and Patrick.]
Scott Olson, San Bernardino, said changes in the city over the over the past 10
years are disappointing and discussed the closure of commissions.
William Ciocci, San Bernardino, said he was disappointed in council actions
regarding cannabis.
Social work students from CSUSB – Group II, students discussed a survey they
did regarding Seccombe Lake park, discussed some of the issues including the
state of the lake and the broken lights and said they would be having an event to
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Mayor and City Council of the City of San Bernardino Page 17 Printed 2/27/2018
clean it up on March 10. [Students were named: Sarbjit Gill, Noni Sanchez, Sean
Kruckenberg, Samadritra Chawdhury.]
Barbara Babcock, San Bernardino, spoke about the U.S. Dream Academy
starting in August.
Karmel Roe, San Bernardino, suggested that public comments for items not on
the agenda should be placed before Public Hearings.
Social work students from CSUSB – Group III, students discussed a survey and
subsequent petition they circulated regarding residents’ concerns regarding the
number of potholes in the streets, making the the streets hazardous and unsafe to
navigate. [Students were named: Christa, Jeanette, Wendy, Reina, Ulissa and
Betsy.]
28. Items to be Referred to City Council Committees
29. Announcements by Mayor, City Council and Executive Staff
30. Adjournment
The meeting adjourned at 12:55 a.m.
The next joint regular meeting of the Mayor and City Council is scheduled for
4:00 p.m., Wednesday, March 7, 2015, in the Council Chamber located at 201
North E street, San Bernardino, CA 92401. Closed Session will begin at 4 p.m.
and Open Session will begin at 5 p.m.
By: __________________________
Georgeann “Gigi” Hanna, CMC
City Clerk
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Packet Pg. 68 Attachment: 02-21-18_Jt_Reg_gh_draft (5489 : City Council Approval of Draft Minutes)
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Packet Pg. 69 Attachment: PD. Imposing Liens to Recover Costs for Code Enforcement-Staff Report (5491 : Imposing Liens to Recover Costs for Code
Therefore, staff recommends adopting the Resolution in order to assess such unpaid
costs of abatement.
The owners of properties listed on the Abatement Assessments List have been notified
of this meeting and provided with an additional copy of the Statement of Costs. If
owners come forward to pay their costs prior to the public hearing, their properties will
be removed from Exhibit A.
Mayor, City Council and City Manager 2018-2019 Goals and Objectives
The request to impose liens to recover costs for Code Enforcement abatement aligns
with Goal Number 4, Ensure Development of a Well-Planned, Balanced, and
Sustainable City. Imposing liens to resolve public nuisances would ensure that the City
is clean and attractive.
Fiscal Impact
The anticipated amount to be collected is $79,633.51. The amount will be collected
incrementally as individual properties are sold and/or the liens are paid through the
escrow process.
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution, confirming
liens to recover Code Enforcement costs.
Attachments
Attachment 1 Resolution; Exhibit A- Abatement Assessments List
Ward: All
Synopsis of Previous Council Actions: None
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Packet Pg. 70 Attachment: PD. Imposing Liens to Recover Costs for Code Enforcement-Staff Report (5491 : Imposing Liens to Recover Costs for Code
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RESOLUTION NO. 2018-106
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, IMPOSING LIENS ON CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF
PUBLIC NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of
the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the
properties described in Exhibit A, attached hereto and incorporated in this Resolution; and
WHEREAS, notice of the abatement costs was given to the owners of record of said
properties, and any timely requested hearing has heretofore been held to hear protests of the costs
of said abatement before the Administrative Hearing Officer, who determined the owner of
record is responsible for the costs.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Said costs are found to have been incurred by the City pursuant to
proceedings under the San Bernardino Municipal Code, and the final statement of costs on file
with the City Clerk is hereby confirmed and adopted as special assessments against the properties
listed in Exhibit A attached hereto.
SECTION 2. Said sum shall become a lien on said property pursuant to San Bernardino
Municipal Code 8.30.050 and shall be collected as a special assessment.
SECTION 3. The City Clerk is hereby directed to file a certified copy of this Resolution,
including Exhibit A, showing such sums as remain unpaid, to the Recorder and the Auditor of
the County of San Bernardino, State of California, directing that each sum be entered as a lien
charged against the property as it appears on the current assessment rolls, to be collected at the
1
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RESOLUTION NO. 2018-106
said time and in the same manner, subject to the same penalties and interest upon delinquencies,
as the general taxes for the City of San Bernardino are collected.
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Packet Pg. 72 Attachment: PD. Imposing Liens to Recover Costs for Code Enforcement-Resolution (5491 : Imposing Liens to Recover Costs for Code
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RESOLUTION NO. 2018-106
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, IMPOSING LIENS ON CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF
PUBLIC NUISANCE ABATEMENTS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
____day of _______, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this ________ day of ______________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: _________________________
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Packet Pg. 73 Attachment: PD. Imposing Liens to Recover Costs for Code Enforcement-Resolution (5491 : Imposing Liens to Recover Costs for Code
EXHIBIT "A"
ABATEMENT ASSESSMENTS
ADDRESS OWNER DATE ABATED WARD COST
338 W 11th St Ortiz, Mary M Living Trust 11/2/2017 2 6,100.25$
988 N Mt Vernon Ave Guillen, Patrick S Living Trust 12/12/2017 6 10,900.03$
279 S Rexford St Munoz, Oscar 12/14/2017 6 4,956.55$
1579 N E St Mortgage Equity Conversion Asset 12/20/2017 2 5,522.80$
1557 W Evans St David, Roosevelt A 11/28/2017 6 6,807.85$
1056 Benedict Rd Rank, Stacy M 4/19/2017 3 3,036.50$
1346 N D St Demo Cruz Charon Foundation 01/8 -16/2018 2 26,870.39$
250 W 8th St Gutierrez, Jose J 02/8,13 & 21/2018 1 1,854.09$
5641 Surrey Ln Phillips, Eugene 2/14/2018 5 6,203.54$
2649 E Highland Ave Duro, Christopher B Rev Liv Tr 1/23/2018 4 3,978.38$
76,230.38$
OTHER ABATEMENT ASSESSMENTS
ADDRESS OWNER DATE ABATED WARD COST
2342 Del Rosa Ave Baitel, Caryn 10/10/2017 7 1,957.45$
1527 W 5th St Estrada, Epifanio 12/25/2017 1 892.07$
376 16th St SBCA Properties LLC 11/24/2017 2 553.61$
$3,403.13
Grand Total $79,633.51
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Packet Pg. 74 Attachment: PD. Imposing Liens to Recover Costs for Code Enforcement-Exhibit A (5491 : Imposing
11.a
Packet Pg. 75 Attachment: PD. Destruction of Certain Obsolete Case Files (Code)-Staff Report (5493 : Approval of Destruction of Certain Obsolete Case Files
Mayor, City Council and City Manager 2018-2019 Goals and Objectives
The request for destruction of certain obsolete case files aligns with Goal No 6: Operate
in a Fiscally Responsible and Business-Like Manner. Destruction of records that have
outlived their usefulness as evidence will improve organizational efficiency and
effectiveness.
Fiscal Impact
None.
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution, authorizing
the destruction of certain obsolete case files by the San Bernardino Police Department.
Attachments
Attachment 1 – Resolution
Ward: All
Synopsis of Previous Council Actions:
March 31, 2018 Resolution #2018-71 adopted approving the destruction of certain
obsolete records by the San Bernardino Police Department.
May 23, 2017 Resolution #2017-79 adopted approving the destruction of certain
obsolete records by the San Bernardino Police Department.
March 21, 2016 Resolution #2016-56 adopted approving the destruction of certain
obsolete records by the San Bernardino Police Department.
February 20, 2015 Resolution #2015-29 adopted approving the destruction of certain
obsolete records by the San Bernardino Police Department.
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RESOLUTION NO. 2018-107
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAIN
OBSOLETE CASE FILES BY THE SAN BERNARDINO POLICE DEPARTMENT
WHEREAS, on July 9, 2014, the Mayor and City Council of the City of San
Bernardino, California, adopted the Resolution No. 2014-246, thereby adopting the State of
California Records Retention Schedule; and
WHEREAS, the State of California Records Retention Schedule requires retention of
Code Enforcement case files for two years after the file is closed/completed; and
WHEREAS, the San Bernardino Police Department has determined that it is currently
necessary to destroy certain Code Enforcement and/or Community Policing Division case
files that have been closed or completed for more than two years, according to the retention
schedule adopted by the Mayor and City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Mayor and City Council of the City of San Bernardino, California,
approve the destruction of certain obsolete Code Enforcement case files by the San
Bernardino Police Department. Subject to written consent of the City Attorney, as provided in
Sections 34090, 34090.5, and 34090.6 of the Government Code, the following city records,
documents, instruments, books, or papers may be destroyed as of the date of this Resolution’s
adoption:
(a) All Code Enforcement and/or Community Policing Division case files with final
disposition dates on or prior to December 31, 2015, in which the only enforcement
action(s) taken were limited to the issuance of a Notice(s) of Violation, and, in
which no further enforcement, administrative, legal or other action is required.
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RESOLUTION NO. 2018-107
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE DESTRUCTION OF CERTAIN
OBSOLETE CASE FILES BY THE SAN BERNARDINO POLICE DEPARTMENT
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
_____ day of ________________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this _____ day of ________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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Packet Pg. 78 Attachment: PD. Destruction of Certain Obsolete Case Files(Code)-RESO (5493 : Approval of Destruction of Certain Obsolete Case Files by the
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 18, 2018
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
By: Trish Rhay, Director of Public Works
Alex Qishta, Deputy Director of Public Works/City Engineer
Subject: Agreement with KOA Corporation for Engineering Design
Service
Recommendation
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino,
California, authorizing the execution of an Agreement between the City of San
Bernardino and KOA Corporation for Engineering Design Services for Pavement
Rehabilitation of 11 Street Segments throughout the City, (SS18-002 & SS18-005) and
authorize the Director of Finance to issue a purchase order in the amount of $118,690.
Background
This project consists of designing pavement rehabilitation for 11 locations in the City of
San Bernardino. The work also consists of designing access ramps at intersections if the
ramps are missing or do not meet current design standards.
The street segments to be rehabilitated were selected based on the City’s Pavement
Management Plan, pedestrian traffic, traffic safety and closure of gaps between previous
rehabilitation projects. This project is included in the FY 17/18 Capital Improvement
Program which was approved by the Mayor and City Council on June 21, 2017.
Discussion
On September 11, 2017, a Request for Proposals (RFP) was issued. On October 19,
2017, a total of thirteen proposals were received. All proposals were reviewed by a
panel of staff members using the City’s standard rating system . Four firms were selected
for consideration as depicted in the Chart A.
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Packet Pg. 79 Attachment: PW.KOA Pvmt Rehab at 11 Locs.REPORT AND Attach 1 (5495 : Agreement with KOA Corporation for Engineering Design
Chart A
The selected firms were interviewed by a panel consisting of City staff. KOA Corporation
resulted as the highest rated firm. KOA Corporation received superior ratings in the
areas of related experience, adequacy of staff, completion schedule, depth of
understanding of the project and best design approach. KOA Corporation has extensive
experience and has historically successfully completed projects for the City, such as
design of traffic signals and engineering plans.
It is anticipated that the design will be completed by September 2018. Construction is
expected to begin in January 2019, and be completed by July 2019. The project is
aligned with the work plan that the Council approved.
Mayor, City Council and City Manager 2018-2019 Goals and Objectives
This project is consistent with Goal 4: Ensure Development of a Well-Planned, Balanced
and Sustainable City, as the project will contribute to well-maintained streets for
sustained economic growth.
Fiscal Impact
Funding for this project is available in the FY 2017/18 budget in the accounts noted with
approval of the transfer of funding as requested in accordance with Attachment 1:
Location Listing Design Cost Spreadsheet. A supplemental appropriation from Fund 126
(Gas Tax) in the amount of $36,250 is proposed to fund the design of the rehabilitation of
Little Mountain Drive between Kendall Drive and 30th Street. This segment of the street
was not previously budgeted in FY 2017/2018.
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution, awarding an
Agreement to KOA Corporation to provide Engineering Design Services and authorizing
the Director of Finance to issue a Purchase Order in the amount of $118,690.
Attachments
Attachment 1 – Location Listing & Design Cost Spreadsheet
Attachment 2 – Resolution
Attachment 3 – Agreement; Attachment A- Proposal, Attachment B- Fee Proposal
Attachment 4 – Location Map
Firm Location Fee
KOA Corporation Ontario $118,690
Engineering Resources of
Southern California Redlands $145,515
Hernandez, Kroone and
Associates San Bernardino $166,710
Willdan Engineering, Inc. San Bernardino $187,822
Ward: 1,2,5,6
Synopsis of Previous Council Actions: None
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Packet Pg. 80 Attachment: PW.KOA Pvmt Rehab at 11 Locs.REPORT AND Attach 1 (5495 : Agreement with KOA Corporation for Engineering Design
ATTACHMENT 1
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
PAVEMENT REHABILITATION FOR 11 STREETS (SS18-002 & SS18-005)
LOCATION LISTING & DESIGN COST SPREADSHEET
Consultant Project Total
Street Segment Account No. Fee Mgmt. Design Cost
SS14-019 Sierra Way - 9th Street to Baseline St 129-160-7978-5504 $11,869 $2,631 $14,500
SS14-017 Arrowhead Ave - 7th Street to 9th St 129-160-7976-5504 $5,935 $1,315 $7,250
SS15-003 "J" St Pavement - 8th St and 11th St 129-160-7996-5504 $11,869 $2,631 $14,500
SS12-013 Davidson St between 16th St and 19th St 129-160-7922-5504 $5,935 $1,315 $7,250
SS13-034 Garner Ave - Baseline St and 14th St 129-160-7963-5504 $5,935 $1,315 $7,250
SS13-039 Evans St - Western Ave & Medical Center 129-160-7966-5504 $5,935 $1,315 $7,250
SS14-013 Wilson St between 9th St to Baseline St 129-160-7972-5504 $11,869 $2,631 $14,500
SS14-025 8th St - Medical Center to Mt Vernon Ave 129-160-7983-5504 $17,800 $3,946 $21,750
SS14-030 Union St - Mt Vernon to Western Ave 129-160-7988-5504 $5,935 $1,315 $7,250
SS14-026 Western Ave between Union St to 9th St 129-160-7984-5504 $5,935 $1,315 $7,250
SS18-005 Little Mtn. Dr between Kendall & 30th St 129-160-8616-5504 $29,673 $6,577 $36,250
TOTALS $118,694 $26,306 $145,000
ROUNDED TOTALS $118,690 $26,310 $145,000
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Packet Pg. 81 Attachment: PW.KOA Pvmt Rehab at 11 Locs.REPORT AND Attach 1 (5495 : Agreement with KOA
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RESOLUTION NO. 2018-108
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KOA
CORPORATION FOR ENGINEERING DESIGN SERVICES FOR PAVEMENT
REHABILITATION OF 11 STREET SEGMENTS THROUGHOUT THE CITY
(SS18-002 & SS18-005) AND AUTHORIZING THE DIRECTOR OF FINANCE
TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $118,690
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That KOA Corporation, located at 3190-C Shelby Street, Ontario, CA
91764, is a competent experienced consulting engineering firm and has provided the most
advantageous and best proposal to provide engineering design services for Pavement
Rehabilitation for 11 Street Segments throughout the City (SS18-002 & SS18-005).
An Agreement, not-to-exceed the amount of $118,690 with said firm to provide said
services, is attached hereto as Exhibit “A” (Consultant Services Agreement) incorporated
herein, and made a part hereof. Pursuant to this determination, the Director of
Finance is hereby authorized and directed to issue a Purchase Order for said services
to said firm, which references this Resolution.
SECTION 2. That the Director of Finance is authorized and directed to amend the FY
17/18 Budget in accordance with Attachment 1 (Location Listing & Design Cost Spreadsheet)
to the staff report, incorporated herein and made a part hereof.
SECTION 3. That the City Manager is hereby authorized and directed to execute said
Agreement on behalf of the City.
SECTION 4. That the authorization to execute the above-referenced Agreement is
rescinded, if it is not executed and returned to the Office of the City Clerk within sixty (60)
days of the passage of this Resolution.
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Packet Pg. 82 Attachment: PW.KOA Pvmt Rehab at 11 Locs.RESOLUTION.Attach 2 (5495 : Agreement with KOA Corporation for Engineering Design Services)
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RESOLUTION NO. 2018-108
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KOA
CORPORATION FOR ENGINEERING DESIGN SERVICES FOR PAVEMENT
REHABILITATION FOR 11 STREET SEGMENTS THROUGHOUT THE CITY
(SS18-002 & SS18-005) AND AUTHORIZE THE DIRECTOR OF FINANCE TO
ISSUE A PURCHASE ORDER IN THE AMOUNT OF $118,690
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City
Council of the City of San Bernardino at a _____________________ meeting thereof, held on
the ____ day of ___________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, City Clerk
The foregoing Resolution is hereby approved this _____ day of ________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:______________________
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Packet Pg. 83 Attachment: PW.KOA Pvmt Rehab at 11 Locs.RESOLUTION.Attach 2 (5495 : Agreement with KOA Corporation for Engineering Design Services)
EXHIBIT “A”
CONSULTANT SERVICES AGREEMENT
City of San Bernardino and KOA Corporation CITY: CITY OF SAN BERNARDINO 290 North “D” Street, 3rd Floor San Bernardino, California 92401 CONSULTANT: KOA Corporation 3190 C Shelby Street Ontario, CA 91764 SERVICES: Agreement for Engineering Design Services for the Rehabilitation of 11 Street Segments throughout the City (SS18-002 & SS18-005) To be performed by: Ming Guan, P.E., T.E. AMOUNT: $118,600 EXPIRATION DATE: JUNE 30, 2019 MANAGING DEPARTMENT: Alex Qishta, P.E., Deputy Director of Public Works/City Engineer Form Services Agreement: Rev. 2018-02-01
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Packet Pg. 84 Attachment: PW.KOA Pvmt Rehab at 11 Locs.Agreement.Attach 3.EXHIBIT A to Reso (5495 : Agreement with KOA Corporation for Engineering
EXHIBIT “A”
CONSULTANT SERVICES AGREEMENT This Consultant Services Agreement is entered into by and between the City of San Bernardino, a charter city and municipal corporation (City), and KOA Corporation (Consultant). RECITALS WHEREAS, City wishes to retain Consultant to provide Agreement for Engineering Design Services for the Rehabilitation of 11 Street Segments throughout the City (SS18-002 & SS18-005) (Services); and WHEREAS, Consultant has the expertise, experience, and personnel necessary to provide the Services including, as applicable, that degree of specialized expertise contemplated by Government Code section 37103; and WHEREAS, City and Consultant (collectively, the Parties) wish to enter into an agreement whereby City will retain Consultant to provide the Services. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, City and Consultant agree as follows: ARTICLE I SCOPE OF AGREEMENT AND AGREEMENT MANAGEMENT 1.0 Scope of Agreement. This scope of the entire agreement between the parties is described in the Agreement Documents. The Agreement Documents are comprised of: the Request for Proposal or other solicitation document (Solicitation); the successful bid or proposal; the letter awarding the Agreement to Consultant; the City’s written acceptance of exceptions or clarifications to the Solicitation, if any; and this Consultant Services Agreement (Agreement) including any exhibits hereto. 1.1 Scope of Services. Consultant shall provide the Services as described in the Scope of Services attached hereto as Attachment "A" and incorporated herein by this reference. 1.2 Duty to Inform City of Changes in Scope of Services. Consultant shall immediately advise the City in writing of any anticipated change in the Scope of Services, stipulated remuneration, or time schedule, and shall obtain the City’s written consent to the change prior to making any changes. In no event shall the City’s consent be construed to relieve Consultant from its duty to render all Services in accordance with applicable law and industry standards. 1.3 Agreement Non-Exclusive. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the Services or may have its own employees perform services similar to the Services. 1.4 Agreement Interpretation. The Agreement Documents completely describe the
pg. 1 Consultant Services Agreement KOA Corporation
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Packet Pg. 85 Attachment: PW.KOA Pvmt Rehab at 11 Locs.Agreement.Attach 3.EXHIBIT A to Reso (5495 : Agreement with KOA Corporation for Engineering
EXHIBIT “A”
Services. Contractor will provide any services that may reasonably be inferred from the Agreement Documents or from prevailing custom or trade usage as being required to produce the intended result whether or not specifically called for or identified in the Agreement Documents. Words or phrases which have a well-known technical or construction industry or trade meaning and are used to describe Services will be interpreted in accordance with that meaning unless a definition has been provided in the Agreement Documents. 1.5 Order of Precedence. In resolving conflicts resulting from errors or discrepancies in any of the Agreement Documents, the terms of this Agreement shall prevail over any inconsistent provision in any other Agreement Document, including exhibits to this Agreement. 1.6 City Manager. The City Manager, or her designee named below in Section 1.7, is the authorized representative of the City for purposes of this Agreement, and has the responsibilities described in this Agreement, in the San Bernardino Charter, and in Chapter 3.04 of the San Bernardino Municipal Code. The City Manager must sign all Agreement amendments. 1.7 Notices. Unless otherwise specified, in all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is personally delivered or deposited in the United States mail, with first class postage paid, attention to the City Manager. Proper notice is effective on the date of personal delivery or five (5) days after deposit in a United States postal mailbox unless provided otherwise in the Agreement. Notices for each party shall be sent to: FOR THE CITY: Alex Qishta, P.E., Deputy Director of Public Works/City Engineer City of San Bernardino 290 North “D” Street San Bernardino, CA 92418 FOR THE CONSULTANT Ming Guan, P.E., T.E. KOA Corporation 3190 C Shelby Street Ontario, CA 91764 ARTICLE II TERM OF AGREEMENT 2.0 Term. This Agreement shall be for a period of approximately fourteen (14) months beginning on the Effective Date, defined below in Section 2.1, through JUNE 30, 2019. City may, in its sole discretion, extend this Agreement for twelve (12) months. Unless otherwise terminated, this Agreement shall be effective until completion of the Scope of Services or JUNE 30, 2019, whichever is earliest.
pg. 2 Consultant Services Agreement KOA Corporation
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Packet Pg. 86 Attachment: PW.KOA Pvmt Rehab at 11 Locs.Agreement.Attach 3.EXHIBIT A to Reso (5495 : Agreement with KOA Corporation for Engineering
EXHIBIT “A”
2.1 Effective Date. This Agreement shall be effective on the date it is executed by the last Party to sign the Agreement, and approved as to form by the City Attorney. 2.2 Agreement Extension. The City Manager may, in her sole discretion, unilaterally extend the Agreement on a month-to-month basis following Agreement expiration. Consultant shall not increase its pricing described in Exhibit A without prior express written consent from the City Manager. ARTICLE III SUSPENSION AND TERMINATION 3.0 City’s Right to Suspend for Convenience. City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must first give ten (10) days’ written notice to Consultant of such suspension. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and conditions of this Agreement. Consultant will be entitled to an extension of time to complete performance under the Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties. 3.1 City’s Right to Terminate for Convenience. City may, at its sole option and for its convenience, terminate all or any portion of this Agreement by giving thirty (30) days’ written notice of such termination to Consultant. The termination of the Agreement shall be effective upon receipt of the notice by Consultant. After termination of all or any portion of the Agreement, Consultant shall: (1) immediately discontinue all affected performance (unless the notice directs otherwise); and (2) complete any and all additional work necessary for the orderly filing of documents and closing of Consultant's affected performance under the Agreement. After filing of documents and completion of performance, Consultant shall deliver to City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials created or received by Consultant in performing this Agreement, whether completed or in process. By accepting payment for completion, filing, and delivering documents as called for in this section, Consultant discharges City of all of City’s payment obligations and liabilities under this Agreement with regard to the affected performance. 3.2 City’s Right to Terminate for Default. Consultant’s failure to satisfactorily perform any obligation required by this Agreement constitutes a default. Examples of default include a determination by City that Consultant has: (1) failed to perform the services of the required quality or within the time specified; (2) failed to perform any of the obligations of this Agreement; and (3) failed to make sufficient progress in performance which may jeopardize full performance. 3.2.1 If Consultant fails to satisfactorily cure a default within ten (10) calendar
pg. 3 Consultant Services Agreement KOA Corporation
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Packet Pg. 87 Attachment: PW.KOA Pvmt Rehab at 11 Locs.Agreement.Attach 3.EXHIBIT A to Reso (5495 : Agreement with KOA Corporation for Engineering
EXHIBIT “A”
days of receiving written notice from City specifying the nature of the default, City may immediately cancel and/or terminate this Agreement, and terminate each and every right of Consultant, and any person claiming any rights by or through Consultant under this Agreement. 3.2.2 If City terminates this Agreement, in whole or in part, City may procure, upon such terms and in such manner as the City Manager may deem appropriate, equivalent services and Consultant shall be liable to City for any excess costs. Consultant shall also continue performance to the extent not terminated. 3.3 Termination for Bankruptcy or Assignment for the Benefit of Creditors. If Consultant files a voluntary petition in bankruptcy, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to, or demand upon Consultant, terminate this Agreement, and terminate each and every right of Consultant, and any person claiming rights by and through Consultant under this Agreement. 3.4 Consultant’s Right to Payment Following Agreement Termination. 3.4.1 Termination for Convenience. If the termination is for the convenience of City an equitable adjustment in the Agreement price shall be made. No amount shall be allowed for anticipated profit on unperformed services, and no amount shall be paid for an as needed Agreement beyond the Agreement termination date. 3.4.2 Termination for Default. If, after City gives notice of termination for failure to fulfill Agreement obligations to Consultant, it is determined that Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of City. In such event, adjustment in the Agreement price shall be made as provided in Section 3.1. City’s rights and remedies are in addition to any other rights and remedies provided by law or under this Agreement. 3.5 Remedies Cumulative. City’s remedies are cumulative and are not intended to be exclusive of any other remedies or means of redress to which City may be lawfully entitled in case of any breach or threatened breach of any provision of this Agreement. ARTICLE IV COMPENSATION 4.0 Invoice Date. Consultant must submit invoices for services to City by the 10th day of the month following the month in which Consultant provided services. 4.1 Manner of Payment. Consultant will be paid monthly, in arrears, for services provided in accordance with the terms and conditions specified in the Agreement within forty-five (45) days of receiving an invoice. City shall pay Consultant in accordance with the
pg. 4 Consultant Services Agreement KOA Corporation
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Packet Pg. 88 Attachment: PW.KOA Pvmt Rehab at 11 Locs.Agreement.Attach 3.EXHIBIT A to Reso (5495 : Agreement with KOA Corporation for Engineering
EXHIBIT “A”
terms contained within Exhibit A. Consultant is not entitled to fees, including fees for expenses, that exceed the amounts specified in Exhibit A. 4.2 Invoice Detail. Consultant’s invoice must be on Consultant’s stationary with Consultant’s name, address, and remittance address if different. Consultant’s invoice must have a date, an invoice number, a purchase order number, a description of the services provided, and an amount due. Invoices must include the address of the location where services were performed and the dates in which services were provided. Consultant shall also submit one statement of progress with the invoice and at least once per calendar month to the City to the City Manager. Consultant shall include with each statement of progress a description of completed Services, reasonably related expenses, if any, and all other information, including but not limited to the progress percentage of the Scope of Services and/or deliverables completed prior to the reporting date, as required by the City. 4.3 Amount of Compensation. City shall pay Consultant for performance of all Services rendered in accordance with this Agreement, including, fees for Additional Services, as defined below, and out-of-pocket expenses (Expenses), in an amount not to exceed $118,690. The compensation will be based on an hourly fee for the time actually expended performing the Services. Billing rates for the Services provided are outlined in Exhibit A. The rates are valid throughout the term of the Agreement or until the Scope of Services are completed unless otherwise amended and agreed by both parties in writing. 4.4 Additional Services. City may require Consultant to perform additional Services beyond those described in the Scope of Services (Additional Services). Before Consultant commences such work, the Parties must agree in writing upon a fee for the Additional Services, including reasonably related expenses, in accordance with Section 4.3. City will not pay Consultant for Additional Services unless Consultant receives prior written authorization from the City Manager. Failure to do so will result in payment being withheld for services. If approved, Consultant will separately invoice for all Additional Services and include a copy of the City Manager’s written authorization. 4.5 Additional Costs. Additional Costs are costs that can be reasonably determined to be related to Consultant’s errors or omissions. Consultant shall not be paid for the Services required due to the Consultant’s errors or omissions, and Consultant shall be responsible for any Additional Costs incurred by the City, including overhead, associated with such errors or omissions. These Additional Costs may be deducted from monies due, or that become due, to Consultant. Whether or not there are any monies due, or becoming due, Consultant shall reimburse City for Additional Costs due to Consultant’s errors or omissions. 4.6 Eighty Percent Notification. Consultant shall promptly notify City in writing of any potential cost overruns. Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services appears that it may be greater than the maximum compensation for this Agreement.
pg. 5 Consultant Services Agreement KOA Corporation
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Packet Pg. 89 Attachment: PW.KOA Pvmt Rehab at 11 Locs.Agreement.Attach 3.EXHIBIT A to Reso (5495 : Agreement with KOA Corporation for Engineering
EXHIBIT “A”
4.7 Annual Appropriation of Funds. Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the Mayor and City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated at the end of the fiscal year for which sufficient funding is not appropriated and authorized. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by Mayor and City Council. 4.8 Price Adjustments. Based on Consultant’s written request and justification, the City may approve an increase in unit prices on Consultant’s pricing pages consistent with the amount requested in the justification in an amount not to exceed the increase in the Consumer Price Index, Riverside-San Bernardino-Ontario Area, for All Urban Customers (CPI-U) as published by the Bureau of Labor Statistics, or 5.0%, whichever is less, during the preceding one year term. If the CPI-U is a negative number, then the unit prices shall not be adjusted for that option year (the unit prices will not be decreased). A negative CPI-U shall be counted against any subsequent increases in the CPI-U when calculating the unit prices for later option years. Consultant must provide such written request and justification no less than sixty days before the date in which City may exercise the option to renew the Agreement, or sixty days before the anniversary date of the Agreement. Justification in support of the written request must include a description of the basis for the adjustment, the proposed effective date and reasons for said date, and the amount of the adjustment requested with documentation to support the requested change (e.g. CPI-U or 5.0%, whichever is less). City’s approval of this request must be in writing. ARTICLE V CONSULTANT’S OBLIGATIONS 5.0 Right to Audit. City retains the right to review and audit, and the reasonable right of access to Consultant’s and any Subcontractor’s premises, to review and audit Consultant’s or Subcontractor’s compliance with the provisions of this Agreement (City’s Right). City’s Right includes the right to inspect, photocopy, and retain copies of any and all books, records, documents and any other information (Records) relating to this Agreement outside of Consultant’s premises if deemed necessary by City in its sole discretion. City shall keep these Records confidential to the extent permitted by law. 5.1 Audit. City’s Right includes the right to examine Records of procedures and practices that City determines are necessary to discover and verify that Consultant or Subcontractor is in compliance with all requirements under this Agreement. 5.2 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City’s Right includes the right to Records that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred. 5.3 Accounting Records. Consultant and all subcontractors shall maintain complete and accurate Records in accordance with generally accepted accounting practices. Consultant and Subcontractors shall make available to City for review and audit all Records relating to
pg. 6 Consultant Services Agreement KOA Corporation
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Packet Pg. 90 Attachment: PW.KOA Pvmt Rehab at 11 Locs.Agreement.Attach 3.EXHIBIT A to Reso (5495 : Agreement with KOA Corporation for Engineering
EXHIBIT “A”
the Services. Upon City’s request, Consultant and Subcontractors shall submit exact duplicates of originals of all requested records to City. 5.4 Subcontractors. Consultant’s hiring or retaining of any third parties (Subcontractors) to perform Services (Subcontractor Services) is subject to City’s prior written approval. Consultant shall list all Subcontractors known to Consultant on the Subcontractor List at the time this Agreement is entered. Consultant shall give written notice to the City of the need at least 45 days before entering into a contract for such Subcontractor Services. Consultant’s notice shall include a justification, a description of the Scope of Services, and an estimate of all costs for Subcontractor Services. Consultant may request that City reduce the 45-day notice period. City agrees to consider such requests in good faith. 5.4.1 City’s Right Binding on Subcontractors. Consultant shall include City’s Right as described in this Section 5.0 in any and all of their subcontracts, and shall ensure that these sections are binding upon all Subcontractors. 5.4.2 Subcontractor Contract. Consultant shall require Subcontractor to obtain and maintain insurance policies as required by City for the duration of this Agreement. Consultant shall determine Subcontractor policy limits and required endorsements proportionate to the services performed by Subcontractor. 5.4.3 Payment to Subcontractor. Consultant is obligated to pay Subcontractor, for Consultant and City- approved invoice amounts, out of amounts paid by City to Consultant not later than fourteen (14) working days from Consultant’s receipt of payment from City. Nothing in this paragraph shall be construed to impair the right of Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves. 5.4.4 Withholding Subcontractor Payment. If Subcontractor’s performance is deficient, Consultant shall notify City in writing of any withholding of payment to Subcontractor, specifying: (a) the amount withheld; (b) the specific cause under the terms of the subcontract for withholding payment; (c) the connection between the cause for withholding payment and the amount withheld; and (d) the remedial action Subcontractor must take in order to receive the amount withheld. Once Subcontractor corrects the deficiency, Consultant shall pay Subcontractor the amount withheld within fourteen working days of the Consultant’s receipt of City’s next payment. 5.4.5 Disputes with Subcontractor. City shall not be made a party to any judicial or administrative proceeding to resolve any dispute between Consultant and Subcontractor. Consultant agrees to defend and indemnify the City as described in Section 7.0 in any dispute between Consultant and Subcontractor should City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position.
pg. 7 Consultant Services Agreement KOA Corporation
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Packet Pg. 91 Attachment: PW.KOA Pvmt Rehab at 11 Locs.Agreement.Attach 3.EXHIBIT A to Reso (5495 : Agreement with KOA Corporation for Engineering
EXHIBIT “A”
5.4.6 City as Beneficiary. City is an intended beneficiary of any work performed by Subcontractor for purposes of establishing a duty of care between Subcontractor and City. 5.5 Consultant and Subcontractor Principals for Consultant Services. This Agreement is for unique Services. City has retained Consultant based on Consultant’s particular professional expertise as exhibited by the following members of the Consultant's organization: Ming Guan, P.E., T.E. (the Project Team). Consultant may not delegate the performance of Services to Subcontractors without City’s prior written consent. It is mutually agreed that the members of the Project Team are the principal persons responsible for delivery of all Services and may not be removed from the Project without the City’s prior written approval. City may consider Consultant in default of this Agreement if any member of the Project Team is prevented from providing Services without City’s prior written approval. Consultant must consult City as to any replacement if any member of the Project Team becomes unavailable. City may terminate this Agreement if City does not approve of a proposed replacement. Further, City reserves the right, after consultation with Consultant, to require any of Consultant’s employees or agents to be removed from providing Services under this Agreement. 5.6 Responsibility for Errors. Consultant shall be responsible for its services and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City Manager or her designee, regarding any services rendered under this Agreement at no additional cost to City. 5.7 Delay. Unless otherwise specified herein, time is of the essence for each and every provision of the Agreement. Consultant must immediately notify City in writing if there is, or it is anticipated that there will be, a delay in performance. The written notice must explain the cause for the delay and provide a reasonable estimate of the length of the delay. City may terminate this Agreement as provided herein if City, in its sole discretion, determines the delay is material. If a delay in performance is caused by any unforeseen event(s) beyond the control of the parties, City may allow Consultant to a reasonable extension of time to complete performance, but Consultant will not be entitled to damages or additional compensation. Any such extension of time must be approved in writing by City. The following conditions may constitute such a delay: war; changes in law or government regulation; labor disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the performance; inability to obtain materials, equipment or labor; or other specific reasons agreed to between City and Consultant. This provision does not apply to a delay caused by Consultant’s acts or omissions. Consultant is not entitled to an extension of time to perform if a delay is caused by Consultant’s inability to obtain materials, equipment, or labor unless City has received, in a timely manner, documentary proof satisfactory to City of Consultant’s inability to obtain materials, equipment, or labor, in which case City’s approval must be in writing. 5.8 Restrictions and Regulations Requiring Agreement Modification. Consultant shall immediately notify City in writing of any regulations or restrictions that may or will require Consultant to alter the services to be provided. City reserves the right to accept any such alteration, including any resulting reasonable price adjustments, or to cancel the
pg. 8 Consultant Services Agreement KOA Corporation
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EXHIBIT “A”
Agreement at no expense to the City. 5.9 Industry Standards. Consultant shall provide services acceptable to City in strict conformance with the Agreement. Consultant shall also provide services in accordance with the standards customarily adhered to by an experienced and competent provider of the services called for under this Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where approval by City Manager or other representative of City is required, it is understood to be general approval only and does not relieve Consultant of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices. 5.10 Records Retention and Examination. Consultant shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, relating to this Agreement for five (5) years after receipt of final payment by City under this Agreement. Consultant shall make all such records and documents available for inspection, copying, or other reproduction, and auditing by authorized representatives of City, including the City Manager or designee. Consultant shall make available all requested data and records at reasonable locations within City or County of San Bernardino at any time during normal business hours, and as often as City deems necessary. If records are not made available within the City or County of San Bernardino, Consultant shall pay City’s travel costs to the location where the records are maintained and shall pay for all related travel expenses. Failure to make requested records available for inspection, copying, or other reproduction, or auditing by the date requested may result in termination of the Agreement. Consultant must include this provision in all subcontracts made in connection with this Agreement. Consultant shall maintain records of all subcontracts entered into with all firms, all project invoices received from Subcontractors and Suppliers, all purchases of materials and services from Suppliers, and all joint venture participation. Records shall show name, telephone number including area code, and business address of each Subcontractor and Supplier, and joint venture partner, and the total amount actually paid to each firm. Project relevant records, regardless of tier, may be periodically reviewed by the City. 5.11 Quality Assurance Meetings. Upon City’s request, Consultant shall schedule one or more quality assurance meetings with City Manager or designee to discuss Consultant’s performance. If requested, Consultant shall schedule the first quality assurance meeting no later than eight (8) weeks from the date of commencement of work under the Agreement. At the quality assurance meeting(s), City Manager or designee will provide Consultant with feedback, will note any deficiencies in Agreement performance, and provide Consultant with an opportunity to address and correct such deficiencies. The total number of quality assurance meetings that may be required by City will depend upon Consultant’s performance. 5.12 Duty to Cooperate with Auditor. The City Manager or designee may, in her sole discretion, at no cost to the City, and for purposes of performing the City’s audit responsibilities under Charter section 704, review Consultant’s records to confirm Agreement compliance. Consultant shall make reasonable efforts to cooperate with City Manager’s requests.
pg. 9 Consultant Services Agreement KOA Corporation
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Packet Pg. 93 Attachment: PW.KOA Pvmt Rehab at 11 Locs.Agreement.Attach 3.EXHIBIT A to Reso (5495 : Agreement with KOA Corporation for Engineering
EXHIBIT “A”
5.13 Criminal Background Certification. Consultant certifies that all employees working on this Agreement have had a criminal background check and that said employees are clear of any felony convictions. 5.14 Photo Identification Badge. Consultant shall provide a company photo identification badge to any individual assigned by Consultant or subcontractor to perform services on City premises. Such badge must be worn at all times while on City premises. City reserves the right to require Consultant to pay fingerprinting fees for personnel assigned to work in sensitive areas. All employees shall turn in their photo identification badges to Consultant upon completion of services and prior to final payment of invoice. 5.15 Standards of Conduct. Consultant is responsible for maintaining standards of employee competence, conduct, courtesy, appearance, honesty, and integrity satisfactory to the City. 5.16 Supervision. Consultant shall provide adequate and competent supervision at all times during the Agreement term. Consultant shall be readily available to meet with the City. Consultant shall provide the telephone numbers where its representative(s) can be reached. 5.17 City Premises. Consultant’s employees and agents shall comply with all City rules and regulations while on City premises. 5.18 Removal of Employees. City may request Consultant immediately remove from assignment to the City any employee found unfit to perform duties at the City. Consultant shall comply with all such requests. 5.19 Licenses and Permits. Consultant shall, without additional expense to the City, be responsible for obtaining any necessary licenses, permits, certifications, accreditations, fees and approvals for complying with any federal, state, county, municipal, and other laws, codes, and regulations applicable to Agreement performance. This includes, but is not limited to, any laws or regulations requiring the use of licensed Consultants to perform parts of the work. ARTICLE VI INTELLECTUAL PROPERTY RIGHTS 6.0 Rights in Data. If, in connection with the services performed under this Agreement, Consultant or its employees, agents, or subcontractors, create artwork, audio recordings, blueprints, designs, diagrams, documentation, photographs, plans, reports, software, source code, specifications, surveys, system designs, video recordings, or any other original works of authorship, whether written or readable by machine (Deliverable Materials), all rights of Consultant or its subcontractors in the Deliverable Materials, including, but not limited to publication, and registration of copyrights, and trademarks in the Deliverable Materials, are the sole property of City. Consultant, including its employees, agents, and subcontractors, may not use any Deliverable Material for purposes unrelated to
pg. 10 Consultant Services Agreement KOA Corporation
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Packet Pg. 94 Attachment: PW.KOA Pvmt Rehab at 11 Locs.Agreement.Attach 3.EXHIBIT A to Reso (5495 : Agreement with KOA Corporation for Engineering
EXHIBIT “A”
Consultant’s work on behalf of the City without prior written consent of City. Consultant may not publish or reproduce any Deliverable Materials, for purposes unrelated to Consultant’s work on behalf of the City, without the prior written consent of the City. 6.1 Intellectual Property Rights Assignment. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of the Deliverable Materials created by Consultant or its employees, agents, or subcontractors, including copyrights, in connection with the services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subcontractors to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the Deliverable Materials. Consultant also shall cooperate and assist in the prosecution of any action or opposition proceeding involving such intellectual property rights and any adjudication of those rights. 6.2 Consultant Works. Consultant Works means tangible and intangible information and material that: (a) had already been conceived, invented, created, developed or acquired by Consultant prior to the effective date of this Agreement; or (b) were conceived, invented, created, or developed by Consultant after the effective date of this Agreement, but only to the extent such information and material do not constitute part or all of the Deliverable Materials called for in this Agreement. All Consultant Works, and all modifications or derivatives of such Consultant Works, including all intellectual property rights in or pertaining to the same, shall be owned solely and exclusively by Consultant. 6.3 Subcontracting. In the event that Consultant utilizes a subcontractor(s) for any portion of the work that comprises the whole or part of the specified Deliverable Materials to the City, the agreement between Consultant and the subcontractor shall include a statement that identifies the Deliverable Materials as a “works for hire” as described in the United States Copyright Act of 1976, as amended, and that all intellectual property rights in the Deliverable Materials, whether arising in copyright, trademark, service mark or other forms of intellectual property rights, belong to and shall vest solely with the City. Further, the agreement between Consultant and its subcontractor shall require that the subcontractor, if necessary, shall grant, transfer, sell and assign, free of charge, exclusively to City, all titles, rights and interests in and to the Deliverable Materials, including all copyrights, trademarks and other intellectual property rights. City shall have the right to review any such agreement for compliance with this provision. 6.4 Intellectual Property Warranty and Indemnification. Consultant represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Agreement are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the
pg. 11 Consultant Services Agreement KOA Corporation
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EXHIBIT “A”
right, in its sole discretion, to require Consultant to produce, at Consultant’s own expense, new non-infringing materials, deliverables or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Consultant further agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this Agreement infringe the copyright, trademark, patent or other intellectual property or proprietary rights of any third party (Third Party Claim of Infringement). If a Third Party Claim of Infringement is threatened or made before Consultant receives payment under this Agreement, City shall be entitled, upon written notice to Consultant, to withhold some or all of such payment. 6.5 Software Licensing. Consultant represents and warrants that the software, if any, as delivered to City, does not contain any program code, virus, worm, trap door, back door, time or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically, upon the occurrence of licensor-selected conditions or manually on command. Consultant further represents and warrants that all third party software, delivered to City or used by Consultant in the performance of the Agreement, is fully licensed by the appropriate licensor. 6.6 Publication. Consultant may not publish or reproduce any Deliverable Materials, for purposes unrelated to Consultant’s work on behalf of the City without prior written consent from the City. 6.7 Royalties, Licenses, and Patents. Unless otherwise specified, Consultant shall pay all royalties, license, and patent fees associated with providing services under this Agreement. Consultant warrants that any goods, materials, supplies, and equipment to be supplied do not infringe upon any patent, trademark, or copyright, and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City, its elected officials, officers, and employees from all liability, loss and damages, whether general, exemplary or punitive, suffered as a result of any actual or claimed infringement asserted against the City, Consultant, or those furnishing goods, materials, supplies, or equipment to Consultant under the Agreement. ARTICLE VII INDEMNIFICATION AND INSURANCE 7.0 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City and its elected officials, officers, employees, agents, and representatives (Indemnified Parties) from and against any and all claims, losses, costs, damages, injuries (including, without limitation, injury to or death of an employee of Consultant or its subcontractors), expense, and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, and litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of
pg. 12 Consultant Services Agreement KOA Corporation
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investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of services under this Agreement by Consultant, any subcontractor, anyone directly or indirectly employed by either of them, or anyone that either of them control. Consultant’s duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or willful misconduct of the Indemnified Parties. 7.1 Insurance. Consultant shall not begin any performance under this Agreement until it has (1) provided City insurance certificates and endorsements reflecting evidence of all insurance and endorsements required and described herein; (2) obtained City approval of each insurance company or companies; and (3) confirmed that all policies contain the special provisions required herein. Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and Consultant’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated by City as a material breach of Agreement. City reserves the right to require Consultant to submit copies of any policy upon reasonable request by City. 7.1.1 All policies shall include, and the insurance certificates shall reflect, a 30-day non-cancellation clause that provides thirty (30) days written notice by certified mail to City prior to any material change or cancellation of any of said policies. 7.1.2 Consultant shall not modify any policy or endorsement thereto which increases City's exposure to loss for the duration of this Agreement. 7.1.3 Consultant shall maintain insurance coverage at its own expense as follows: 7.1.3.1 Commercial General Liability. Commercial General Liability (CGL) insurance written on an ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad which shall cover liability arising from any and all bodily injury, personal injury, advertising injury or property damage in the amount of $1 million per occurrence and subject to an annual aggregate of $2 million. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured claims or contractual liability. All defense costs shall be outside the limits of the policy. 7.1.3.2 Commercial Automobile Liability. For all of Consultant’s automobiles including owned, hired and non-owned automobiles, Consultant shall keep in full force and effect, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1 million per occurrence. The insurance certificate shall reflect coverage for any automobile (any auto).
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7.1.3.3 Workers' Compensation. For all of Consultant's employees who are subject to this Agreement and to the extent required by the applicable state or federal law, Consultant shall keep in full force and effect, a Workers’ Compensation policy. That policy shall provide a minimum of $1 million of employer’s liability coverage, and Consultant shall provide an endorsement that the insurer waives the right of subrogation against City and its respective elected officials, officers, employees, agents, and representatives. 7.1.3.4 Professional Liability. Consultant shall obtain Professional Liability coverage with limits of at least $1 million per occurrence and $2 million aggregate, covering the risk of errors and omissions, negligent acts and costs of claims/litigation, including investigation and court costs. If the coverage is written on a “claims-made” form, Consultant must ensure that the policy retroactive date is before the date of the Agreement is awarded, that coverage is maintained during the duration of performance of the Agreement or the Agreement period (whichever is longer) and the policy has a reporting period or run-off provision of at least three (3) years following completion or termination of the performance of professional services under this Agreement. 7.1.4 Deductibles. All deductibles or retentions on any policy shall be the sole responsibility of Consultant and shall be disclosed to City at the time the evidence of insurance is provided. 7.1.5 Acceptability of Insurers. Except for the State Compensation Insurance Fund, all insurance required by this Agreement, shall only be carried by insurance companies with a current rating of at least “A-, VI” by A.M. Best Company that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by City. 7.1.5.1 City will accept insurance provided by non-admitted, “surplus lines” carriers only if the carrier is authorized to do business in the State of California and is included on the List of Approved Surplus Lines Insurers (LASLI list). All policies of insurance carried by non-admitted carriers are subject to all of the requirements for policies of insurance provided by admitted carriers described herein. 7.1.6 Required Endorsements. The following endorsements to the policies of insurance are required to be provided to City before any performance is initiated under this Agreement: 7.1.6.1 Commercial General Liability Insurance Endorsements. 7.1.6.1.1 Additional Insured. To the fullest extent allowed by law,
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including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an insured City of San Bernardino and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of (a) ongoing operations performed by you or on your behalf, (b) your products, (c) your work, including but not limited to your completed operations performed by you or on your behalf, or (d) premises owned, leased, controlled or used by you. 7.1.6.1.2 Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Commercial General Liability policy or policies is primary to any insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives shall be in excess of Consultant’s insurance and shall not contribute to it. 7.1.6.1.3 Severability of Interest. The policy or policies must be endorsed to provide that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability and shall provide cross-liability coverage. 7.1.6.2 Automobile Liability Insurance Endorsements. 7.1.6.2.1 Additional Insured. To the fullest extent allowed by law, including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an insured City of San Bernardino and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Consultant. 7.1.6.2.2 Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Automobile Liability policy or policies is primary to any insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives shall be in excess of Consultant’s insurance and shall not contribute to it. 7.1.6.2.3 Severability of Interest. The policy or policies must be endorsed to provide that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability and shall provide
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cross-liability coverage. 7.1.6.3 Worker’s Compensation Insurance Endorsements. 7.1.6.3.1 Waiver of Subrogation. The Worker’s Compensation policy or policies must be endorsed to provide that the insurer will waive all rights of subrogation against City of San Bernardino, its elected officials, officers, employees, agents and representatives for losses paid under the terms of this policy or these policies which arise from work performed by the Named Insured for City. 7.1.6.3.2 Reservation of Rights. City reserves the right, from time to time, to review Consultant’s insurance coverage, limits, deductible, and self-insured retentions to determine if they are acceptable to City. City will reimburse Consultant for the cost of the additional premium for any coverage requested by City in excess of that required by this Agreement, without overhead, profit, or any other markup. 7.1.7 Additional Insurance. Consultant may obtain additional insurance not required by this Agreement. 7.1.8 Excess Insurance. All policies providing excess coverage to City shall follow the form of the primary policy or policies including but not limited to all endorsements. ARTICLE VIII CITY REQUIREMENTS 8.0 City Policies. By signing this Agreement, Consultant certifies that Consultant is aware of, and will comply with, these policies throughout the duration of the Agreement. Consultant shall ensure that this language is included in Agreements between Consultant and any Subcontractors, vendors and suppliers. 8.1 Drug-Free Workplace. Consultant shall comply with City’s Drug-Free Workplace requirements. 8.2 Americans with Disabilities Act (ADA) and State Access Laws and Regulations. Consultant shall comply with all accessibility requirements under the ADA and under Title 24 of the California Code of Regulations (Title 24). When a conflict exists between the ADA and Title 24, Consultant shall comply with the most restrictive requirement (i.e., that which provides the most access). 8.3 Non-Discrimination. Consultant shall not discriminate on the basis of race, gender, gender expression, gender identity, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of subcontractors, vendors or suppliers. Consultant shall provide equal opportunity for subcontractors to participate in subcontracting opportunities. Consultant understands and agrees that
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violation of this clause shall be considered a material breach of the Agreement and may result in Agreement termination, debarment, or other sanctions. Consultant shall ensure that this language is included in Agreements between Consultant and any subcontractors, vendors and suppliers. 8.4 Business Registration Certificate. Any company doing business with the City of San Bernardino is required to obtain a Business Registration Certificate and to provide a copy of its Business Registration Certificate to the City before an Agreement is executed. ARTICLE IX CONFLICTS OF INTEREST AND VIOLATIONS OF LAW 9.0 Conflict of Interest Laws. Consultant is subject to all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices including, but not limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. City may determine that Consultant must complete one or more statements of economic interest disclosing relevant financial interests. Upon City’s request, Consultant shall submit the necessary documents to City. 9.1 Consultant’s Responsibility for Employees and Agents. Consultant is required to establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships. 9.2 Consultant’s Financial or Organizational Interests. In connection with any task, Consultant shall not recommend or specify any product, supplier, or Consultant with whom Consultant has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 9.3 Certification of Non-Collusion. Consultant certifies that: (1) Consultant’s bid or proposal was not made in the interest of or on behalf of any person, firm, or corporation not identified; (2) Consultant did not directly or indirectly induce or solicit any other bidder or proposer to put in a sham bid or proposal; (3) Consultant did not directly or indirectly induce or solicit any other person, firm or corporation to refrain from bidding; and (4) Consultant did not seek by collusion to secure any advantage over the other bidders or proposers. 9.4 Hiring City Employees. This Agreement shall be unilaterally and immediately terminated by City if Consultant employs an individual who within the twelve (12) months immediately preceding such employment did in his/her capacity as a City officer or employee participate in negotiations with or otherwise have an influence on the selection of Consultant.
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ARTICLE X DISPUTE RESOLUTION 10.0 Mediation. If a dispute arises out of or relates to this Agreement and cannot be settled through normal Agreement negotiations, Consultant and City shall use mandatory non-binding mediation before having recourse in a court of law. 10.1 Selection of Mediator. A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Agreement, if possible. 10.2 Expenses. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. 10.3 Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. The discussions, statements, writings and admissions will be confidential to the proceedings (pursuant to California Evidence Code sections 1115 through 1128) and will not be used for any other purpose unless otherwise agreed by the parties in writing. The parties may agree to exchange any information they deem necessary. Both parties shall have a representative attend the mediation who is authorized to settle the dispute, though City's recommendation of settlement may be subject to the approval of the Mayor and City Council. Either party may have attorneys, witnesses or experts present. 10.4 Mediation Results. Any agreements resulting from mediation shall be memorialized in writing. The results of the mediation shall not be final or binding unless otherwise agreed to in writing by the parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery. ARTICLE XI MANDATORY ASSISTANCE 11.0 Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or relates in any way to the services provided to the City under the Agreement, Consultant , its agents, officers, and employees agree to assist in resolving the dispute or litigation upon City’s request. Consultant’s assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. 11.1 Compensation for Mandatory Assistance. City will compensate Consultant for fees incurred for providing Mandatory Assistance. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of Consultant, its agents, officers, and employees, Consultant shall reimburse City for all fees
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paid to Consultant, its agents, officers, and employees for Mandatory Assistance. 11.2 Attorneys’ Fees Related to Mandatory Assistance. In providing City with dispute or litigation assistance, Consultant or its agents, officers, and employees may incur expenses and/or costs. Consultant agrees that any attorney fees it may incur as a result of assistance provided under Section 11.0 are not reimbursable. ARTICLE XII MISCELLANEOUS PROVISIONS 12.0 Headings. All headings are for convenience only and shall not affect the interpretation of this Agreement. 12.1 Non-Assignment. Consultant may not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due under this Agreement, without City’s prior written approval. Any assignment in violation of this paragraph shall constitute a default and is grounds for termination of this Agreement at the City’s sole discretion. In no event shall any putative assignment create a contractual relationship between City and any putative assignee. 12.2 Independent Contractors. Consultant and any subcontractors employed by Consultant are independent contractors and not agents of City. Any provisions of this Agreement that may appear to give City any right to direct Consultant concerning the details of performing the services, or to exercise any control over performance of the Agreement, shall mean only that Consultant shall follow the direction of City concerning the end results of the performance. 12.3 Subcontractors. All persons assigned to perform any work related to this Agreement, including any subcontractors, are deemed to be employees of Consultant, and Consultant shall be directly responsible for their work. 12.4 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of City or Consultant shall be deemed to be both covenants and conditions. 12.5 Compliance with Controlling Law. Consultant shall comply with all applicable local, state, and federal laws, regulations, and policies. Consultant’s act or omission in violation of applicable local, state, and federal laws, regulations, and policies is grounds for Agreement termination. In addition to all other remedies or damages allowed by law, Consultant is liable to City for all damages, including costs for substitute performance, sustained as a result of the violation. In addition, Consultant may be subject to suspension, debarment, or both. 12.6 Governing Law. The Agreement shall be deemed to be made under, construed in accordance with, and governed by the laws of the State of California without regard to the conflicts or choice of law provisions thereof.
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12.7 Venue. The venue for any suit concerning solicitations or the Agreement, the interpretation of application of any of its terms and conditions, or any related disputes shall be in the Superior Court for the State of California, County of San Bernardino. 12.8 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any party’s successor in interest. 12.9 No Waiver. No failure of either City or Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect without respect to any existing or subsequent breach. 12.10 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 12.11 Drafting Ambiguities. The parties acknowledge that they have the right to be advised by legal counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether to seek advice of legal counsel with respect to this Agreement is the sole responsibility of each party. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. 12.12 Amendments. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by a written agreement executed by duly authorized representatives of City and Consultant. Any alleged oral amendments have no force or effect. 12.13 Conflicts Between Terms. If this Agreement conflicts with an applicable local, state, or federal law, regulation, or court order, the applicable local, state, or federal law, regulation, or court order shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits or attachments, and laws, regulations, or orders are not deemed conflicts, and the most stringent requirement shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 12.14 Survival of Obligations. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in this Agreement, shall survive, completion and acceptance of performance and termination, expiration or completion of the Agreement.
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12.15 Confidentiality of Services. All services performed by Consultant, and any subcontractors if applicable, including but not limited to all drafts, data, information, correspondence, proposals, reports of any nature, estimates compiled or composed by Consultant, are for the sole use of City, its agents, and employees. Neither the documents nor their contents shall be released by Consultant or any subcontractor to any third party without the prior written consent of City. This provision does not apply to information that: (1) was publicly known, or otherwise known to Consultant, at the time it was disclosed to Consultant by City; (2) subsequently becomes publicly known through no act or omission of Consultant; or (3) otherwise becomes known to Consultant other than through disclosure by City. 12.16 Insolvency. If Consultant enters into proceedings relating to bankruptcy, whether voluntary or involuntary, Consultant agrees to furnish, by certified mail or electronic commerce method authorized by the Agreement, written notification of the bankruptcy to the City. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of City Agreements against which final payment has not been made. This obligation remains in effect until final payment is made under this Agreement. 12.17 No Third Party Beneficiaries. Except as may be specifically set forth in this Agreement, none of the provisions of this Agreement are intended to benefit any third party not specifically referenced herein. No party other than City and Consultant shall have the right to enforce any of the provisions of this Agreement. 12.18 Actions of City in its Governmental Capacity. Nothing in this Agreement shall be interpreted as limiting the rights and obligations of City in its governmental or regulatory capacity. 12.19 Counterparts. This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page. [Signature Page Follows]
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IN WITNESS WHEREOF, this Agreement is executed by City and Consultant acting by and through their authorized officers. CITY OF SAN BERNARDINO: KOA CORPORATION: Date: _____ / _____ / 2018 Date: _____ / _____ / 2018 _________________________________ By: ________________________________ Andrea M. Miller, City Manager Its: ________________________________ APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ______________________________
Signature Page Consultant Services Agreement KOA Corporation
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Chart A
The firms selected were interviewed by a panel of staff. The highest rated firm, Willdan
Engineering, Inc., received superior ratings in the areas of related experience, adequacy
of staff, completion schedule, depth of understanding of the project and best design
approach. Willdan Engineering, Inc. has extensive experience and has successfully
completed projects for the City, such as design of traffic signals and engineering plans.
It is anticipated that the design will be completed by September 2018. Construction is
expected to begin in January 2019, and be completed by July 2019. The project is
aligned with the work plan that Council approved.
Mayor and City Council and City Manager 2018-2019 Goals and Objectives
This project is consistent with Goal 4: Ensure Development of a Well-Planned, Balanced
and Sustainable City, as it will contribute to well-maintained streets for sustained
economic growth.
Fiscal Impact
Sufficient funds for the project will be available in the FY 2017/18 budget in the accounts
as noted with approval of the proposed transfers, in accordance with Attachment 1:
Location Listing & Design Cost Spreadsheet.
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution, awarding an
Agreement to Willdan Engineering, Inc. to provide Civil Engineering Design Services,
and authorize the Director of Finance to issue a Purchase Order in the amount of
$166,036.
Attachments
Attachment 1 – Location Listing & Design Cost Spreadsheet
Attachment 2 – Resolution; Exhibit A- Agreement; Attachments A & B
Firm Location Fee
Willdan Engineering, Inc. San Bernardino $166,036
Anderson Penna Newport Beach $134,513
Onward Engineering Orange $241,915
Engineering Resources of
Southern California Redlands $129,070
Ward: 1,2,5,6
Synopsis of Previous Council Actions: None
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Packet Pg. 148 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.REPORT (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
ATTACHMENT 1
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
PAVEMENT REHABILITATION FOR 14 STREETS (SS18-003 & SS17-003)
LOCATION LISTING & DESIGN COST SPREADSHEET
CIP Consultant Project Total
No. Street Segment Account No. Fee Mgmt. Design Cost
SS13-002 Waterman Ave btw Mill St and Central Ave 129-160-8620-5504 11,552 2,541 14,093
SS13-031 Commercial Road btw Waterman Ave & Steele Rd 129-160-8621-5504 18,418 4,052 22,470
SS14-021 "H" St btw 48th St and Northpark Blvd 129-160-8622-5504 17,499 3,850 21,349
SS14-034 Pumalo St btw Golden Ave and Date Place 129-160-8623-5504 17,289 3,804 21,093
SS14-039 Hunts Ln btw Harwick Drive & Commercial Dr 129-160-8624-5504 6,641 1,461 8,102
SS15-025 Arrowhead Ave btw 5th St and 7th St 129-160-8625-5504 7,200 1,584 8,784
SS15-026 Baseline St btw "H" St and "E" St 129-160-8626-5504 12,019 2,644 14,663
SS15-027 Central Ave btw Pacific St and SR210 129-160-8627-5504 5,203 1,145 6,348
SS15-028 Pacific St btw City Limits (Olive) and Central Ave 129-160-8628-5504 4,874 1,072 5,946
SS15-029 Central Ave. btw SR210 and Highland Ave. 129-160-8629-5504 3,383 744 4,127
SS15-030 Grand Ave btw College Ave and Varsity Ave 129-160-8630-5504 8,931 1,965 10,896
SS15-031 Western Ave btw Kendall Drive and 48th St 129-160-8631-5504 12,910 2,840 15,750
SS15-032 California St btw 30th St and Cajon Blvd 129-160-8632-5504 10,599 2,332 12,931
SS17-003 Inland Center Drive btw "G" St and Adell St 129-160-8618-5504 29,518 6,494 36,012
TOTALS $166,036 $36,528 $202,564
ROUNDED TOTALS $166,036 $36,528 $202,564
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Packet Pg. 149 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.REPORT (5503 : Agreement with Willdan Engineering,
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RESOLUTION NO. 2018-109
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING, INC. FOR CIVIL
ENGINEERING DESIGN SERVICES FOR PAVEMENT REHABILITATION FOR 14
STREET SEGMENTS THROUGHOUT THE CITY (SS18-003 & SS17-003)
AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE
ORDER IN THE AMOUNT OF $166,036
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Willdan Engineering, Inc., located at 650 E. Hospitality Lane,
Suite 250, San Bernardino, CA 92408-3317, is a competent experienced consulting
engineering firm and has provided the most advantageous and best proposal to provide
engineering design services for Pavement Rehabilitation for 14 Street Segments throughout
the City (SS18-003 & SS17-003). An Agreement, not-to-exceed the amount of $166,036 with
said firm to provide said services, is attached hereto as Exhibit “A” (Consultant Services
Agreement) incorporated herein, and made a part hereof. Pursuant to this determination, the
Director of Finance is hereby authorized and directed to issue a Purchase Order for said
services to said firm, which references this Resolution.
SECTION 2. The Director of Finance is authorized and directed to amend the FY
17/18 Budget by transferring funds as indicated in Attachment 1 (Location Listing & Design
Cost Spreadsheet) to the staff report.
SECTION 3. That the City Manager is hereby authorized and directed to execute said
Agreement on behalf of the City.
SECTION 4. That the authorization to execute the above-referenced Agreement is
rescinded, if it is not executed and returned to the Office of the City Clerk within sixty (60)
days of the passage of this Resolution.
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Packet Pg. 150 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.RESOLUTION (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
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RESOLUTION NO. 2018-109
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING, INC. FOR CIVIL
ENGINEERING DESIGN SERVICES FOR PAVEMENT REHABILITATION FOR 14
STREET SEGMENTS THROUGHOUT THE CITY (SS18-003 & SS17-003) AND
AUTHORIZE THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER IN
THE AMOUNT OF $166,036
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City
Council of the City of San Bernardino at a _____________________ meeting thereof, held on
the ____ day of ___________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, City Clerk
The foregoing Resolution is hereby approved this _____ day of ________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:______________________
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Packet Pg. 151 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.RESOLUTION (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
EXHIBIT “A”
CONSULTANT SERVICES AGREEMENT
City of San Bernardino and Willdan Engineering, Inc. CITY: CITY OF SAN BERNARDINO 290 North “D” Street, 3rd Floor San Bernardino, California 92401 CONSULTANT: Willdan Engineering, Inc. 650 E. Hospitality Lane, Suite 250 San Bernardino, CA 92408-3317 SERVICES: Agreement for Engineering Design Services for Rehabilitation of 14 Street Segments throughout the City (SS18-003 & SS17-003) To be performed by: David Hunt, P.E. AMOUNT: $166,036 EXPIRATION DATE: JUNE 30, 2019 MANAGING DEPARTMENT: Alex Qishta, P.E., Deputy Director of Public Works/City Engineer Form Services Agreement: Rev. 2018-02-01
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Packet Pg. 152 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.EXHIBIT A (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
EXHIBIT “A”
CONSULTANT SERVICES AGREEMENT This Consultant Services Agreement is entered into by and between the City of San Bernardino, a charter city and municipal corporation (City), and Willdan Engineering, Inc. (Consultant). RECITALS WHEREAS, City wishes to retain Consultant to provide for Engineering Design Services
for Pavement Rehabilitation at 14 Street Segments throughout the City (SS18-003 & SS17-003) in
accordance with Consultant’s proposal dated October 19, 2018 attached and incorporated herein as
Attachment “A” (Services); and WHEREAS, Consultant has the expertise, experience, and personnel necessary to provide the Services including, as applicable, that degree of specialized expertise contemplated by Government Code section 37103; and WHEREAS, City and Consultant (collectively, the Parties) wish to enter into an agreement whereby City will retain Consultant to provide the Services. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged, City and Consultant agree as follows: ARTICLE I SCOPE OF AGREEMENT AND AGREEMENT MANAGEMENT 1.0 Scope of Agreement. This scope of the entire agreement between the parties is described in the Agreement Documents. The Agreement Documents are comprised of: the Request for Proposal or other solicitation document (Solicitation); the successful bid or proposal; the letter awarding the Agreement to Consultant; the City’s written acceptance of exceptions or clarifications to the Solicitation, if any; and this Consultant Services Agreement (Agreement) including any exhibits hereto. 1.1 Scope of Services. Consultant shall provide the Services as described in the Scope of Services attached hereto as Attachment "A" and incorporated herein by this reference. 1.2 Duty to Inform City of Changes in Scope of Services. Consultant shall immediately advise the City in writing of any anticipated change in the Scope of Services, stipulated remuneration, or time schedule, and shall obtain the City’s written consent to the change prior to making any changes. In no event shall the City’s consent be construed to relieve Consultant from its duty to render all Services in accordance with applicable law and industry standards. 1.3 Agreement Non-Exclusive. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the Services or may have its own employees perform services similar to the Services.
pg. 1 Consultant Services Agreement Willdan Engineering, Inc.
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Packet Pg. 153 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.EXHIBIT A (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
EXHIBIT “A”
1.4 Agreement Interpretation. The Agreement Documents completely describe the Services. Contractor will provide any services that may reasonably be inferred from the Agreement Documents or from prevailing custom or trade usage as being required to produce the intended result whether or not specifically called for or identified in the Agreement Documents. Words or phrases which have a well-known technical or construction industry or trade meaning and are used to describe Services will be interpreted in accordance with that meaning unless a definition has been provided in the Agreement Documents. 1.5 Order of Precedence. In resolving conflicts resulting from errors or discrepancies in any of the Agreement Documents, the terms of this Agreement shall prevail over any inconsistent provision in any other Agreement Document, including exhibits to this Agreement. 1.6 City Manager. The City Manager, or her designee named below in Section 1.7, is the authorized representative of the City for purposes of this Agreement, and has the responsibilities described in this Agreement, in the San Bernardino Charter, and in Chapter 3.04 of the San Bernardino Municipal Code. The City Manager must sign all Agreement amendments. 1.7 Notices. Unless otherwise specified, in all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is personally delivered or deposited in the United States mail, with first class postage paid, attention to the City Manager. Proper notice is effective on the date of personal delivery or five (5) days after deposit in a United States postal mailbox unless provided otherwise in the Agreement. Notices for each party shall be sent to: FOR THE CITY: Alex Qishta, P.E., Deputy Director of Public Works/City Engineer City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 FOR THE CONSULTANT David Hunt, P.E. Willdan Engineering, Inc. 650 E. Hospitality Lane, Suite 250 San Bernardino, CA 92408-3317 ARTICLE II TERM OF AGREEMENT 2.0 Term. This Agreement shall be for a period of approximately fourteen (14) months beginning on the Effective Date, defined below in Section 2.1, through JUNE 30, 2019. City may, in its sole discretion, extend this Agreement for twelve (12) months. Unless otherwise terminated, this Agreement shall be effective until completion of the Scope of Services or
pg. 2 Consultant Services Agreement Willdan Engineering, Inc.
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Packet Pg. 154 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.EXHIBIT A (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
EXHIBIT “A”
JUNE 30, 2019, whichever is earliest. 2.1 Effective Date. This Agreement shall be effective on the date it is executed by the last Party to sign the Agreement, and approved as to form by the City Attorney. 2.2 Agreement Extension. The City Manager may, in her sole discretion, unilaterally extend the Agreement on a month-to-month basis following Agreement expiration. Consultant shall not increase its pricing described in Exhibit A without prior express written consent from the City Manager. ARTICLE III SUSPENSION AND TERMINATION 3.0 City’s Right to Suspend for Convenience. City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must first give ten (10) days’ written notice to Consultant of such suspension. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and conditions of this Agreement. Consultant will be entitled to an extension of time to complete performance under the Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties. 3.1 City’s Right to Terminate for Convenience. City may, at its sole option and for its convenience, terminate all or any portion of this Agreement by giving thirty (30) days’ written notice of such termination to Consultant. The termination of the Agreement shall be effective upon receipt of the notice by Consultant. After termination of all or any portion of the Agreement, Consultant shall: (1) immediately discontinue all affected performance (unless the notice directs otherwise); and (2) complete any and all additional work necessary for the orderly filing of documents and closing of Consultant's affected performance under the Agreement. After filing of documents and completion of performance, Consultant shall deliver to City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials created or received by Consultant in performing this Agreement, whether completed or in process. By accepting payment for completion, filing, and delivering documents as called for in this section, Consultant discharges City of all of City’s payment obligations and liabilities under this Agreement with regard to the affected performance. 3.2 City’s Right to Terminate for Default. Consultant’s failure to satisfactorily perform any obligation required by this Agreement constitutes a default. Examples of default include a determination by City that Consultant has: (1) failed to perform the services of the required quality or within the time specified; (2) failed to perform any of the obligations of this Agreement; and (3) failed to make sufficient progress in performance which may jeopardize full performance.
pg. 3 Consultant Services Agreement Willdan Engineering, Inc.
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Packet Pg. 155 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.EXHIBIT A (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
EXHIBIT “A”
3.2.1 If Consultant fails to satisfactorily cure a default within ten (10) calendar days of receiving written notice from City specifying the nature of the default, City may immediately cancel and/or terminate this Agreement, and terminate each and every right of Consultant, and any person claiming any rights by or through Consultant under this Agreement. 3.2.2 If City terminates this Agreement, in whole or in part, City may procure, upon such terms and in such manner as the City Manager may deem appropriate, equivalent services and Consultant shall be liable to City for any excess costs. Consultant shall also continue performance to the extent not terminated. 3.3 Termination for Bankruptcy or Assignment for the Benefit of Creditors. If Consultant files a voluntary petition in bankruptcy, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to, or demand upon Consultant, terminate this Agreement, and terminate each and every right of Consultant, and any person claiming rights by and through Consultant under this Agreement. 3.4 Consultant’s Right to Payment Following Agreement Termination. 3.4.1 Termination for Convenience. If the termination is for the convenience of City an equitable adjustment in the Agreement price shall be made. No amount shall be allowed for anticipated profit on unperformed services, and no amount shall be paid for an as needed Agreement beyond the Agreement termination date. 3.4.2 Termination for Default. If, after City gives notice of termination for failure to fulfill Agreement obligations to Consultant, it is determined that Consultant had not so failed, the termination shall be deemed to have been effected for the convenience of City. In such event, adjustment in the Agreement price shall be made as provided in Section 3.1. City’s rights and remedies are in addition to any other rights and remedies provided by law or under this Agreement. 3.5 Remedies Cumulative. City’s remedies are cumulative and are not intended to be exclusive of any other remedies or means of redress to which City may be lawfully entitled in case of any breach or threatened breach of any provision of this Agreement. ARTICLE IV COMPENSATION 4.0 Invoice Date. Consultant must submit invoices for services to City by the 10th day of the month following the month in which Consultant provided services. 4.1 Manner of Payment. Consultant will be paid monthly, in arrears, for services provided in accordance with the terms and conditions specified in the Agreement within
pg. 4 Consultant Services Agreement Willdan Engineering, Inc.
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Packet Pg. 156 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.EXHIBIT A (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
EXHIBIT “A”
forty-five (45) days of receiving an invoice. City shall pay Consultant in accordance with the terms contained within Exhibit A. Consultant is not entitled to fees, including fees for expenses, that exceed the amounts specified in Exhibit A. 4.2 Invoice Detail. Consultant’s invoice must be on Consultant’s stationary with Consultant’s name, address, and remittance address if different. Consultant’s invoice must have a date, an invoice number, a purchase order number, a description of the services provided, and an amount due. Invoices must include the address of the location where services were performed and the dates in which services were provided. Consultant shall also submit one statement of progress with the invoice and at least once per calendar month to the City to the City Manager. Consultant shall include with each statement of progress a description of completed Services, reasonably related expenses, if any, and all other information, including but not limited to the progress percentage of the Scope of Services and/or deliverables completed prior to the reporting date, as required by the City. 4.3 Amount of Compensation. City shall pay Consultant for performance of all Services rendered in accordance with this Agreement, including, fees for Additional Services, as defined below, and out-of-pocket expenses (Expenses), in an amount not to exceed $166,036. The compensation will be based on an hourly fee for the time actually expended performing the Services. Billing rates for the Services provided are outlined in Exhibit A. The rates are valid throughout the term of the Agreement or until the Scope of Services are completed unless otherwise amended and agreed by both parties in writing. 4.4 Additional Services. City may require Consultant to perform additional Services beyond those described in the Scope of Services (Additional Services). Before Consultant commences such work, the Parties must agree in writing upon a fee for the Additional Services, including reasonably related expenses, in accordance with Section 4.3. City will not pay Consultant for Additional Services unless Consultant receives prior written authorization from the City Manager. Failure to do so will result in payment being withheld for services. If approved, Consultant will separately invoice for all Additional Services and include a copy of the City Manager’s written authorization. 4.5 Additional Costs. Additional Costs are costs that can be reasonably determined to be related to Consultant’s errors or omissions. Consultant shall not be paid for the Services required due to the Consultant’s errors or omissions, and Consultant shall be responsible for any Additional Costs incurred by the City, including overhead, associated with such errors or omissions. These Additional Costs may be deducted from monies due, or that become due, to Consultant. Whether or not there are any monies due, or becoming due, Consultant shall reimburse City for Additional Costs due to Consultant’s errors or omissions. 4.6 Eighty Percent Notification. Consultant shall promptly notify City in writing of any potential cost overruns. Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services appears that it may be greater than the maximum compensation for this Agreement.
pg. 5 Consultant Services Agreement Willdan Engineering, Inc.
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Packet Pg. 157 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.EXHIBIT A (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
EXHIBIT “A”
4.7 Annual Appropriation of Funds. Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the Mayor and City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated at the end of the fiscal year for which sufficient funding is not appropriated and authorized. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by Mayor and City Council. 4.8 Price Adjustments. Based on Consultant’s written request and justification, the City may approve an increase in unit prices on Consultant’s pricing pages consistent with the amount requested in the justification in an amount not to exceed the increase in the Consumer Price Index, Riverside-San Bernardino-Ontario Area, for All Urban Customers (CPI-U) as published by the Bureau of Labor Statistics, or 5.0%, whichever is less, during the preceding one year term. If the CPI-U is a negative number, then the unit prices shall not be adjusted for that option year (the unit prices will not be decreased). A negative CPI-U shall be counted against any subsequent increases in the CPI-U when calculating the unit prices for later option years. Consultant must provide such written request and justification no less than sixty days before the date in which City may exercise the option to renew the Agreement, or sixty days before the anniversary date of the Agreement. Justification in support of the written request must include a description of the basis for the adjustment, the proposed effective date and reasons for said date, and the amount of the adjustment requested with documentation to support the requested change (e.g. CPI-U or 5.0%, whichever is less). City’s approval of this request must be in writing. ARTICLE V CONSULTANT’S OBLIGATIONS 5.0 Right to Audit. City retains the right to review and audit, and the reasonable right of access to Consultant’s and any Subcontractor’s premises, to review and audit Consultant’s or Subcontractor’s compliance with the provisions of this Agreement (City’s Right). City’s Right includes the right to inspect, photocopy, and retain copies of any and all books, records, documents and any other information (Records) relating to this Agreement outside of Consultant’s premises if deemed necessary by City in its sole discretion. City shall keep these Records confidential to the extent permitted by law. 5.1 Audit. City’s Right includes the right to examine Records of procedures and practices that City determines are necessary to discover and verify that Consultant or Subcontractor is in compliance with all requirements under this Agreement. 5.2 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City’s Right includes the right to Records that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred. 5.3 Accounting Records. Consultant and all subcontractors shall maintain complete and accurate Records in accordance with generally accepted accounting practices. Consultant
pg. 6 Consultant Services Agreement Willdan Engineering, Inc.
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Packet Pg. 158 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.EXHIBIT A (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
EXHIBIT “A”
and Subcontractors shall make available to City for review and audit all Records relating to the Services. Upon City’s request, Consultant and Subcontractors shall submit exact duplicates of originals of all requested records to City. 5.4 Subcontractors. Consultant’s hiring or retaining of any third parties (Subcontractors) to perform Services (Subcontractor Services) is subject to City’s prior written approval. Consultant shall list all Subcontractors known to Consultant on the Subcontractor List at the time this Agreement is entered. Consultant shall give written notice to the City of the need at least 45 days before entering into a contract for such Subcontractor Services. Consultant’s notice shall include a justification, a description of the Scope of Services, and an estimate of all costs for Subcontractor Services. Consultant may request that City reduce the 45-day notice period. City agrees to consider such requests in good faith. 5.4.1 City’s Right Binding on Subcontractors. Consultant shall include City’s Right as described in this Section 5.0 in any and all of their subcontracts, and shall ensure that these sections are binding upon all Subcontractors. 5.4.2 Subcontractor Contract. Consultant shall require Subcontractor to obtain and maintain insurance policies as required by City for the duration of this Agreement. Consultant shall determine Subcontractor policy limits and required endorsements proportionate to the services performed by Subcontractor. 5.4.3 Payment to Subcontractor. Consultant is obligated to pay Subcontractor, for Consultant and City- approved invoice amounts, out of amounts paid by City to Consultant not later than fourteen (14) working days from Consultant’s receipt of payment from City. Nothing in this paragraph shall be construed to impair the right of Consultant and any Subcontractor to negotiate fair and reasonable pricing and payment provisions among themselves. 5.4.4 Withholding Subcontractor Payment. If Subcontractor’s performance is deficient, Consultant shall notify City in writing of any withholding of payment to Subcontractor, specifying: (a) the amount withheld; (b) the specific cause under the terms of the subcontract for withholding payment; (c) the connection between the cause for withholding payment and the amount withheld; and (d) the remedial action Subcontractor must take in order to receive the amount withheld. Once Subcontractor corrects the deficiency, Consultant shall pay Subcontractor the amount withheld within fourteen working days of the Consultant’s receipt of City’s next payment. 5.4.5 Disputes with Subcontractor. City shall not be made a party to any judicial or administrative proceeding to resolve any dispute between Consultant and Subcontractor. Consultant agrees to defend and indemnify the City as described in Section 7.0 in any dispute between Consultant and Subcontractor should City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position.
pg. 7 Consultant Services Agreement Willdan Engineering, Inc.
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Packet Pg. 159 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.EXHIBIT A (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
EXHIBIT “A”
5.4.6 City as Beneficiary. City is an intended beneficiary of any work performed by Subcontractor for purposes of establishing a duty of care between Subcontractor and City. 5.5 Consultant and Subcontractor Principals for Consultant Services. This Agreement is for unique Services. City has retained Consultant based on Consultant’s particular professional expertise as exhibited by the following members of the Consultant's organization: Ray Wellington, P.E. (the Project Team). Consultant may not delegate the performance of Services to Subcontractors without City’s prior written consent. It is mutually agreed that the members of the Project Team are the principal persons responsible for delivery of all Services and may not be removed from the Project without the City’s prior written approval. City may consider Consultant in default of this Agreement if any member of the Project Team is prevented from providing Services without City’s prior written approval. Consultant must consult City as to any replacement if any member of the Project Team becomes unavailable. City may terminate this Agreement if City does not approve of a proposed replacement. Further, City reserves the right, after consultation with Consultant, to require any of Consultant’s employees or agents to be removed from providing Services under this Agreement. 5.6 Responsibility for Errors. Consultant shall be responsible for its services and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City Manager or her designee, regarding any services rendered under this Agreement at no additional cost to City. 5.7 Delay. Unless otherwise specified herein, time is of the essence for each and every provision of the Agreement. Consultant must immediately notify City in writing if there is, or it is anticipated that there will be, a delay in performance. The written notice must explain the cause for the delay and provide a reasonable estimate of the length of the delay. City may terminate this Agreement as provided herein if City, in its sole discretion, determines the delay is material. If a delay in performance is caused by any unforeseen event(s) beyond the control of the parties, City may allow Consultant to a reasonable extension of time to complete performance, but Consultant will not be entitled to damages or additional compensation. Any such extension of time must be approved in writing by City. The following conditions may constitute such a delay: war; changes in law or government regulation; labor disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the performance; inability to obtain materials, equipment or labor; or other specific reasons agreed to between City and Consultant. This provision does not apply to a delay caused by Consultant’s acts or omissions. Consultant is not entitled to an extension of time to perform if a delay is caused by Consultant’s inability to obtain materials, equipment, or labor unless City has received, in a timely manner, documentary proof satisfactory to City of Consultant’s inability to obtain materials, equipment, or labor, in which case City’s approval must be in writing. 5.8 Restrictions and Regulations Requiring Agreement Modification. Consultant shall immediately notify City in writing of any regulations or restrictions that may or will require Consultant to alter the services to be provided. City reserves the right to accept any
pg. 8 Consultant Services Agreement Willdan Engineering, Inc.
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EXHIBIT “A”
such alteration, including any resulting reasonable price adjustments, or to cancel the Agreement at no expense to the City. 5.9 Industry Standards. Consultant shall provide services acceptable to City in strict conformance with the Agreement. Consultant shall also provide services in accordance with the standards customarily adhered to by an experienced and competent provider of the services called for under this Agreement using the degree of care and skill ordinarily exercised by reputable providers of such services. Where approval by City Manager or other representative of City is required, it is understood to be general approval only and does not relieve Consultant of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices. 5.10 Records Retention and Examination. Consultant shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, relating to this Agreement for five (5) years after receipt of final payment by City under this Agreement. Consultant shall make all such records and documents available for inspection, copying, or other reproduction, and auditing by authorized representatives of City, including the City Manager or designee. Consultant shall make available all requested data and records at reasonable locations within City or County of San Bernardino at any time during normal business hours, and as often as City deems necessary. If records are not made available within the City or County of San Bernardino, Consultant shall pay City’s travel costs to the location where the records are maintained and shall pay for all related travel expenses. Failure to make requested records available for inspection, copying, or other reproduction, or auditing by the date requested may result in termination of the Agreement. Consultant must include this provision in all subcontracts made in connection with this Agreement. Consultant shall maintain records of all subcontracts entered into with all firms, all project invoices received from Subcontractors and Suppliers, all purchases of materials and services from Suppliers, and all joint venture participation. Records shall show name, telephone number including area code, and business address of each Subcontractor and Supplier, and joint venture partner, and the total amount actually paid to each firm. Project relevant records, regardless of tier, may be periodically reviewed by the City. 5.11 Quality Assurance Meetings. Upon City’s request, Consultant shall schedule one or more quality assurance meetings with City Manager or designee to discuss Consultant’s performance. If requested, Consultant shall schedule the first quality assurance meeting no later than eight (8) weeks from the date of commencement of work under the Agreement. At the quality assurance meeting(s), City Manager or designee will provide Consultant with feedback, will note any deficiencies in Agreement performance, and provide Consultant with an opportunity to address and correct such deficiencies. The total number of quality assurance meetings that may be required by City will depend upon Consultant’s performance. 5.12 Duty to Cooperate with Auditor. The City Manager or designee may, in her sole discretion, at no cost to the City, and for purposes of performing the City’s audit responsibilities under Charter section 704, review Consultant’s records to confirm Agreement compliance. Consultant shall make reasonable efforts to cooperate with City
pg. 9 Consultant Services Agreement Willdan Engineering, Inc.
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Manager’s requests. 5.13 Criminal Background Certification. Consultant certifies that all employees working on this Agreement have had a criminal background check and that said employees are clear of any felony convictions. 5.14 Photo Identification Badge. Consultant shall provide a company photo identification badge to any individual assigned by Consultant or subcontractor to perform services on City premises. Such badge must be worn at all times while on City premises. City reserves the right to require Consultant to pay fingerprinting fees for personnel assigned to work in sensitive areas. All employees shall turn in their photo identification badges to Consultant upon completion of services and prior to final payment of invoice. 5.15 Standards of Conduct. Consultant is responsible for maintaining standards of employee competence, conduct, courtesy, appearance, honesty, and integrity satisfactory to the City. 5.16 Supervision. Consultant shall provide adequate and competent supervision at all times during the Agreement term. Consultant shall be readily available to meet with the City. Consultant shall provide the telephone numbers where its representative(s) can be reached. 5.17 City Premises. Consultant’s employees and agents shall comply with all City rules and regulations while on City premises. 5.18 Removal of Employees. City may request Consultant immediately remove from assignment to the City any employee found unfit to perform duties at the City. Consultant shall comply with all such requests. 5.19 Licenses and Permits. Consultant shall, without additional expense to the City, be responsible for obtaining any necessary licenses, permits, certifications, accreditations, fees and approvals for complying with any federal, state, county, municipal, and other laws, codes, and regulations applicable to Agreement performance. This includes, but is not limited to, any laws or regulations requiring the use of licensed Consultants to perform parts of the work. ARTICLE VI INTELLECTUAL PROPERTY RIGHTS 6.0 Rights in Data. If, in connection with the services performed under this Agreement, Consultant or its employees, agents, or subcontractors, create artwork, audio recordings, blueprints, designs, diagrams, documentation, photographs, plans, reports, software, source code, specifications, surveys, system designs, video recordings, or any other original works of authorship, whether written or readable by machine (Deliverable Materials), all rights of Consultant or its subcontractors in the Deliverable Materials, including, but not limited to publication, and registration of copyrights, and trademarks in the Deliverable Materials, are the sole property of City. Consultant, including its employees, agents, and
pg. 10 Consultant Services Agreement Willdan Engineering, Inc.
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subcontractors, may not use any Deliverable Material for purposes unrelated to Consultant’s work on behalf of the City without prior written consent of City. Consultant may not publish or reproduce any Deliverable Materials, for purposes unrelated to Consultant’s work on behalf of the City, without the prior written consent of the City. 6.1 Intellectual Property Rights Assignment. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of the Deliverable Materials created by Consultant or its employees, agents, or subcontractors, including copyrights, in connection with the services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subcontractors to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the Deliverable Materials. Consultant also shall cooperate and assist in the prosecution of any action or opposition proceeding involving such intellectual property rights and any adjudication of those rights. 6.2 Consultant Works. Consultant Works means tangible and intangible information and material that: (a) had already been conceived, invented, created, developed or acquired by Consultant prior to the effective date of this Agreement; or (b) were conceived, invented, created, or developed by Consultant after the effective date of this Agreement, but only to the extent such information and material do not constitute part or all of the Deliverable Materials called for in this Agreement. All Consultant Works, and all modifications or derivatives of such Consultant Works, including all intellectual property rights in or pertaining to the same, shall be owned solely and exclusively by Consultant. 6.3 Subcontracting. In the event that Consultant utilizes a subcontractor(s) for any portion of the work that comprises the whole or part of the specified Deliverable Materials to the City, the agreement between Consultant and the subcontractor shall include a statement that identifies the Deliverable Materials as a “works for hire” as described in the United States Copyright Act of 1976, as amended, and that all intellectual property rights in the Deliverable Materials, whether arising in copyright, trademark, service mark or other forms of intellectual property rights, belong to and shall vest solely with the City. Further, the agreement between Consultant and its subcontractor shall require that the subcontractor, if necessary, shall grant, transfer, sell and assign, free of charge, exclusively to City, all titles, rights and interests in and to the Deliverable Materials, including all copyrights, trademarks and other intellectual property rights. City shall have the right to review any such agreement for compliance with this provision. 6.4 Intellectual Property Warranty and Indemnification. Consultant represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Agreement are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a
pg. 11 Consultant Services Agreement Willdan Engineering, Inc.
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claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Consultant to produce, at Consultant’s own expense, new non-infringing materials, deliverables or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Consultant further agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this Agreement infringe the copyright, trademark, patent or other intellectual property or proprietary rights of any third party (Third Party Claim of Infringement). If a Third Party Claim of Infringement is threatened or made before Consultant receives payment under this Agreement, City shall be entitled, upon written notice to Consultant, to withhold some or all of such payment. 6.5 Software Licensing. Consultant represents and warrants that the software, if any, as delivered to City, does not contain any program code, virus, worm, trap door, back door, time or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically, upon the occurrence of licensor-selected conditions or manually on command. Consultant further represents and warrants that all third party software, delivered to City or used by Consultant in the performance of the Agreement, is fully licensed by the appropriate licensor. 6.6 Publication. Consultant may not publish or reproduce any Deliverable Materials, for purposes unrelated to Consultant’s work on behalf of the City without prior written consent from the City. 6.7 Royalties, Licenses, and Patents. Unless otherwise specified, Consultant shall pay all royalties, license, and patent fees associated with providing services under this Agreement. Consultant warrants that any goods, materials, supplies, and equipment to be supplied do not infringe upon any patent, trademark, or copyright, and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City, its elected officials, officers, and employees from all liability, loss and damages, whether general, exemplary or punitive, suffered as a result of any actual or claimed infringement asserted against the City, Consultant, or those furnishing goods, materials, supplies, or equipment to Consultant under the Agreement. ARTICLE VII INDEMNIFICATION AND INSURANCE 7.0 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City and its elected officials, officers, employees, agents, and representatives (Indemnified Parties) from and against any and all claims, losses, costs, damages, injuries (including, without limitation, injury to or death of an employee of Consultant or its subcontractors), expense, and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, and litigation expenses and fees of
pg. 12 Consultant Services Agreement Willdan Engineering, Inc.
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expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of services under this Agreement by Consultant, any subcontractor, anyone directly or indirectly employed by either of them, or anyone that either of them control. Consultant’s duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or willful misconduct of the Indemnified Parties. 7.1 Insurance. Consultant shall not begin any performance under this Agreement until it has (1) provided City insurance certificates and endorsements reflecting evidence of all insurance and endorsements required and described herein; (2) obtained City approval of each insurance company or companies; and (3) confirmed that all policies contain the special provisions required herein. Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and Consultant’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated by City as a material breach of Agreement. City reserves the right to require Consultant to submit copies of any policy upon reasonable request by City. 7.1.1 All policies shall include, and the insurance certificates shall reflect, a 30-day non-cancellation clause that provides thirty (30) days written notice by certified mail to City prior to any material change or cancellation of any of said policies. 7.1.2 Consultant shall not modify any policy or endorsement thereto which increases City's exposure to loss for the duration of this Agreement. 7.1.3 Consultant shall maintain insurance coverage at its own expense as follows: 7.1.3.1 Commercial General Liability. Commercial General Liability (CGL) insurance written on an ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad which shall cover liability arising from any and all bodily injury, personal injury, advertising injury or property damage in the amount of $1 million per occurrence and subject to an annual aggregate of $2 million. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured claims or contractual liability. All defense costs shall be outside the limits of the policy. 7.1.3.2 Commercial Automobile Liability. For all of Consultant’s automobiles including owned, hired and non-owned automobiles, Consultant shall keep in full force and effect, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1 million per occurrence. The insurance certificate shall reflect coverage for any
pg. 13 Consultant Services Agreement Willdan Engineering, Inc.
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automobile (any auto). 7.1.3.3 Workers' Compensation. For all of Consultant's employees who are subject to this Agreement and to the extent required by the applicable state or federal law, Consultant shall keep in full force and effect, a Workers’ Compensation policy. That policy shall provide a minimum of $1 million of employer’s liability coverage, and Consultant shall provide an endorsement that the insurer waives the right of subrogation against City and its respective elected officials, officers, employees, agents, and representatives. 7.1.3.4 Professional Liability. Consultant shall obtain Professional Liability coverage with limits of at least $1 million per occurrence and $2 million aggregate, covering the risk of errors and omissions, negligent acts and costs of claims/litigation, including investigation and court costs. If the coverage is written on a “claims-made” form, Consultant must ensure that the policy retroactive date is before the date of the Agreement is awarded, that coverage is maintained during the duration of performance of the Agreement or the Agreement period (whichever is longer) and the policy has a reporting period or run-off provision of at least three (3) years following completion or termination of the performance of professional services under this Agreement. 7.1.4 Deductibles. All deductibles or retentions on any policy shall be the sole responsibility of Consultant and shall be disclosed to City at the time the evidence of insurance is provided. 7.1.5 Acceptability of Insurers. Except for the State Compensation Insurance Fund, all insurance required by this Agreement, shall only be carried by insurance companies with a current rating of at least “A-, VI” by A.M. Best Company that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by City. 7.1.5.1 City will accept insurance provided by non-admitted, “surplus lines” carriers only if the carrier is authorized to do business in the State of California and is included on the List of Approved Surplus Lines Insurers (LASLI list). All policies of insurance carried by non-admitted carriers are subject to all of the requirements for policies of insurance provided by admitted carriers described herein. 7.1.6 Required Endorsements. The following endorsements to the policies of insurance are required to be provided to City before any performance is initiated under this Agreement: 7.1.6.1 Commercial General Liability Insurance Endorsements.
pg. 14 Consultant Services Agreement Willdan Engineering, Inc.
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7.1.6.1.1 Additional Insured. To the fullest extent allowed by law, including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an insured City of San Bernardino and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of (a) ongoing operations performed by you or on your behalf, (b) your products, (c) your work, including but not limited to your completed operations performed by you or on your behalf, or (d) premises owned, leased, controlled or used by you. 7.1.6.1.2 Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Commercial General Liability policy or policies is primary to any insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives shall be in excess of Consultant’s insurance and shall not contribute to it. 7.1.6.1.3 Severability of Interest. The policy or policies must be endorsed to provide that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability and shall provide cross-liability coverage. 7.1.6.2 Automobile Liability Insurance Endorsements. 7.1.6.2.1 Additional Insured. To the fullest extent allowed by law, including but not limited to California Insurance Code section 11580.04, the policy or policies must be endorsed to include as an insured City of San Bernardino and its respective elected officials, officers, employees, agents and representatives with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Consultant. 7.1.6.2.2 Primary and Non-contributory Coverage. The policy or policies must be endorsed to provide that the insurance afforded by the Automobile Liability policy or policies is primary to any insurance or self-insurance of City, its elected officials, officers, employees, agents and representatives as respects operations of the Named Insured. Any insurance maintained by City, its elected officials, officers, employees, agents and representatives shall be in excess of Consultant’s insurance and shall not contribute to it. 7.1.6.2.3 Severability of Interest. The policy or policies must be endorsed to provide that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except
pg. 15 Consultant Services Agreement Willdan Engineering, Inc.
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with respect to the limits of the insurer’s liability and shall provide cross-liability coverage. 7.1.6.3 Worker’s Compensation Insurance Endorsements. 7.1.6.3.1 Waiver of Subrogation. The Worker’s Compensation policy or policies must be endorsed to provide that the insurer will waive all rights of subrogation against City of San Bernardino, its elected officials, officers, employees, agents and representatives for losses paid under the terms of this policy or these policies which arise from work performed by the Named Insured for City. 7.1.6.3.2 Reservation of Rights. City reserves the right, from time to time, to review Consultant’s insurance coverage, limits, deductible, and self-insured retentions to determine if they are acceptable to City. City will reimburse Consultant for the cost of the additional premium for any coverage requested by City in excess of that required by this Agreement, without overhead, profit, or any other markup. 7.1.7 Additional Insurance. Consultant may obtain additional insurance not required by this Agreement. 7.1.8 Excess Insurance. All policies providing excess coverage to City shall follow the form of the primary policy or policies including but not limited to all endorsements. ARTICLE VIII CITY REQUIREMENTS 8.0 City Policies. By signing this Agreement, Consultant certifies that Consultant is aware of, and will comply with, these policies throughout the duration of the Agreement. Consultant shall ensure that this language is included in Agreements between Consultant and any Subcontractors, vendors and suppliers. 8.1 Drug-Free Workplace. Consultant shall comply with City’s Drug-Free Workplace requirements. 8.2 Americans with Disabilities Act (ADA) and State Access Laws and Regulations. Consultant shall comply with all accessibility requirements under the ADA and under Title 24 of the California Code of Regulations (Title 24). When a conflict exists between the ADA and Title 24, Consultant shall comply with the most restrictive requirement (i.e., that which provides the most access). 8.3 Non-Discrimination. Consultant shall not discriminate on the basis of race, gender, gender expression, gender identity, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of subcontractors, vendors or suppliers. Consultant shall provide equal opportunity for subcontractors to
pg. 16 Consultant Services Agreement Willdan Engineering, Inc.
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participate in subcontracting opportunities. Consultant understands and agrees that violation of this clause shall be considered a material breach of the Agreement and may result in Agreement termination, debarment, or other sanctions. Consultant shall ensure that this language is included in Agreements between Consultant and any subcontractors, vendors and suppliers. 8.4 Business Registration Certificate. Any company doing business with the City of San Bernardino is required to obtain a Business Registration Certificate and to provide a copy of its Business Registration Certificate to the City before an Agreement is executed. ARTICLE IX CONFLICTS OF INTEREST AND VIOLATIONS OF LAW 9.0 Conflict of Interest Laws. Consultant is subject to all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices including, but not limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. City may determine that Consultant must complete one or more statements of economic interest disclosing relevant financial interests. Upon City’s request, Consultant shall submit the necessary documents to City. 9.1 Consultant’s Responsibility for Employees and Agents. Consultant is required to establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships. 9.2 Consultant’s Financial or Organizational Interests. In connection with any task, Consultant shall not recommend or specify any product, supplier, or Consultant with whom Consultant has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 9.3 Certification of Non-Collusion. Consultant certifies that: (1) Consultant’s bid or proposal was not made in the interest of or on behalf of any person, firm, or corporation not identified; (2) Consultant did not directly or indirectly induce or solicit any other bidder or proposer to put in a sham bid or proposal; (3) Consultant did not directly or indirectly induce or solicit any other person, firm or corporation to refrain from bidding; and (4) Consultant did not seek by collusion to secure any advantage over the other bidders or proposers. 9.4 Hiring City Employees. This Agreement shall be unilaterally and immediately terminated by City if Consultant employs an individual who within the twelve (12) months immediately preceding such employment did in his/her capacity as a City officer or employee participate in negotiations with or otherwise have an influence on the selection of Consultant.
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ARTICLE X DISPUTE RESOLUTION 10.0 Mediation. If a dispute arises out of or relates to this Agreement and cannot be settled through normal Agreement negotiations, Consultant and City shall use mandatory non-binding mediation before having recourse in a court of law. 10.1 Selection of Mediator. A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Agreement, if possible. 10.2 Expenses. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. 10.3 Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. The discussions, statements, writings and admissions will be confidential to the proceedings (pursuant to California Evidence Code sections 1115 through 1128) and will not be used for any other purpose unless otherwise agreed by the parties in writing. The parties may agree to exchange any information they deem necessary. Both parties shall have a representative attend the mediation who is authorized to settle the dispute, though City's recommendation of settlement may be subject to the approval of the Mayor and City Council. Either party may have attorneys, witnesses or experts present. 10.4 Mediation Results. Any agreements resulting from mediation shall be memorialized in writing. The results of the mediation shall not be final or binding unless otherwise agreed to in writing by the parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery. ARTICLE XI MANDATORY ASSISTANCE 11.0 Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or relates in any way to the services provided to the City under the Agreement, Consultant , its agents, officers, and employees agree to assist in resolving the dispute or litigation upon City’s request. Consultant’s assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. 11.1 Compensation for Mandatory Assistance. City will compensate Consultant for fees incurred for providing Mandatory Assistance. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of Consultant, its agents, officers, and employees, Consultant shall reimburse City for all fees
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paid to Consultant, its agents, officers, and employees for Mandatory Assistance. 11.2 Attorneys’ Fees Related to Mandatory Assistance. In providing City with dispute or litigation assistance, Consultant or its agents, officers, and employees may incur expenses and/or costs. Consultant agrees that any attorney fees it may incur as a result of assistance provided under Section 11.0 are not reimbursable. ARTICLE XII MISCELLANEOUS PROVISIONS 12.0 Headings. All headings are for convenience only and shall not affect the interpretation of this Agreement. 12.1 Non-Assignment. Consultant may not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due under this Agreement, without City’s prior written approval. Any assignment in violation of this paragraph shall constitute a default and is grounds for termination of this Agreement at the City’s sole discretion. In no event shall any putative assignment create a contractual relationship between City and any putative assignee. 12.2 Independent Contractors. Consultant and any subcontractors employed by Consultant are independent contractors and not agents of City. Any provisions of this Agreement that may appear to give City any right to direct Consultant concerning the details of performing the services, or to exercise any control over performance of the Agreement, shall mean only that Consultant shall follow the direction of City concerning the end results of the performance. 12.3 Subcontractors. All persons assigned to perform any work related to this Agreement, including any subcontractors, are deemed to be employees of Consultant, and Consultant shall be directly responsible for their work. 12.4 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of City or Consultant shall be deemed to be both covenants and conditions. 12.5 Compliance with Controlling Law. Consultant shall comply with all applicable local, state, and federal laws, regulations, and policies. Consultant’s act or omission in violation of applicable local, state, and federal laws, regulations, and policies is grounds for Agreement termination. In addition to all other remedies or damages allowed by law, Consultant is liable to City for all damages, including costs for substitute performance, sustained as a result of the violation. In addition, Consultant may be subject to suspension, debarment, or both. 12.6 Governing Law. The Agreement shall be deemed to be made under, construed in accordance with, and governed by the laws of the State of California without regard to the conflicts or choice of law provisions thereof.
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12.7 Venue. The venue for any suit concerning solicitations or the Agreement, the interpretation of application of any of its terms and conditions, or any related disputes shall be in the Superior Court for the State of California, County of San Bernardino. 12.8 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any party’s successor in interest. 12.9 No Waiver. No failure of either City or Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect without respect to any existing or subsequent breach. 12.10 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 12.11 Drafting Ambiguities. The parties acknowledge that they have the right to be advised by legal counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether to seek advice of legal counsel with respect to this Agreement is the sole responsibility of each party. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. 12.12 Amendments. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by a written agreement executed by duly authorized representatives of City and Consultant. Any alleged oral amendments have no force or effect. 12.13 Conflicts Between Terms. If this Agreement conflicts with an applicable local, state, or federal law, regulation, or court order, the applicable local, state, or federal law, regulation, or court order shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits or attachments, and laws, regulations, or orders are not deemed conflicts, and the most stringent requirement shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 12.14 Survival of Obligations. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in this Agreement, shall survive, completion and acceptance of performance and termination, expiration or completion of the Agreement.
pg. 20 Consultant Services Agreement Willdan Engineering, Inc.
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12.15 Confidentiality of Services. All services performed by Consultant, and any subcontractors if applicable, including but not limited to all drafts, data, information, correspondence, proposals, reports of any nature, estimates compiled or composed by Consultant, are for the sole use of City, its agents, and employees. Neither the documents nor their contents shall be released by Consultant or any subcontractor to any third party without the prior written consent of City. This provision does not apply to information that: (1) was publicly known, or otherwise known to Consultant, at the time it was disclosed to Consultant by City; (2) subsequently becomes publicly known through no act or omission of Consultant; or (3) otherwise becomes known to Consultant other than through disclosure by City. 12.16 Insolvency. If Consultant enters into proceedings relating to bankruptcy, whether voluntary or involuntary, Consultant agrees to furnish, by certified mail or electronic commerce method authorized by the Agreement, written notification of the bankruptcy to the City. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of City Agreements against which final payment has not been made. This obligation remains in effect until final payment is made under this Agreement. 12.17 No Third Party Beneficiaries. Except as may be specifically set forth in this Agreement, none of the provisions of this Agreement are intended to benefit any third party not specifically referenced herein. No party other than City and Consultant shall have the right to enforce any of the provisions of this Agreement. 12.18 Actions of City in its Governmental Capacity. Nothing in this Agreement shall be interpreted as limiting the rights and obligations of City in its governmental or regulatory capacity. 12.19 Counterparts. This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page. [Signature Page Follows]
pg. 21 Consultant Services Agreement Willdan Engineering, Inc.
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EXHIBIT “A”
IN WITNESS WHEREOF, this Agreement is executed by City and Consultant acting by and through their authorized officers. CITY OF SAN BERNARDINO: WILLDAN ENGINEERING, INC.: Date: _____ / _____ / 2018 Date: _____ / _____ / 2018 _________________________________ By: ________________________________ Andrea M. Miller, City Manager Its: ________________________________ APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: ______________________________
Signature Page Consultant Services Agreement Willdan Engineering, Inc.
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Packet Pg. 174 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.EXHIBIT A (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
PAVEMENT REHABILITATION FOR 14 STREETS (SS18-003 SS17-003)
LOCATION LISTING DESIGN COST SPREADSHEET (WILLDAN AWARD)
EXHIBIT "B"
TO RESOLUTION
Consultant Project Total FY 17/18 Amended
Street Segment Account No.Fee Mgmt.Design Cost Budget Difference FY17/18
Budget Remarks
Waterman Ave btw Mill St and Central Ave 129-160-8620-5504 11,552 2,541 14,093 40,082 25,989 14,701
Commercial Road btw Waterman Ave & Steele Rd 129-160-8621-5504 18,418 4,052 22,470 10,472 (11,998) 22,470 Transfer $11,998 from Acct 8620
"H" St btw 48th St and Northpark Blvd 129-160-8622-5504 17,499 3,850 21,349 17,282 (4,067) 21,349 Transfer $4,067 from Acct 8620
Pumalo St btw Golden Ave and Date Place 129-160-8623-5504 17,289 3,804 21,093 22,582 1,489 21,093
Hunts Ln btw Harwick Drive & Commercial Dr 129-160-8624-5504 6,641 1,461 8,102 23,043 14,941 8,102
Arrowhead Ave btw 5th St and 7th St 129-160-8625-5504 7,200 1,584 8,784 17,500 8,716 8,784
Baseline St btw "H" St and "E" St 129-160-8626-5504 12,019 2,644 14,663 34,603 19,940 14,663
Central Ave btw Pacific St and SR210 129-160-8627-5504 5,203 1,145 6,348 10,037 3,689 6,348
Pacific St btw City Limits (Olive) and Central Ave 129-160-8628-5504 4,874 1,072 5,946 2,188 (3,758) 5,946 Transfer $3,758 from Acct 8620
Central Ave. btw SR210 and Highland Ave.129-160-8629-5504 3,383 744 4,127 11,739 7,612 4,127
Grand Ave btw College Ave and Varsity Ave 129-160-8630-5504 8,931 1,965 10,896 5,338 (5,558) 10,896 Transfer $5,558 from Acct 8620
Western Ave btw Kendall Drive and 48th St 129-160-8631-5504 12,910 2,840 15,750 18,076 2,326 15,750
California St btw 30th St and Cajon Blvd 129-160-8632-5504 10,599 2,332 12,931 21,670 8,739 12,931
Inland Center Drive btw "G" St and Adell St 126-160-8618-5504 29,518 6,494 36,012 800,000 763,988 36,012
$166,036 36,528 202,564 203,172 TOTALS
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Packet Pg. 197 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.ATTACH A (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
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Packet Pg. 200 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.ATTACH B (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
13.fPacket Pg. 201Attachment: PW.Willdan Pvmt Rehab at 14 Locs.ATTACH B (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
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Packet Pg. 202 Attachment: PW.Willdan Pvmt Rehab at 14 Locs.LOCATION MAP (5503 : Agreement with Willdan Engineering, Inc. for Civil Engineering Design
14.a
Packet Pg. 203 Attachment: PW.WSP Roofing-Award of Contract.Staff Report.docx (5502 : Agreement W Pacific Builders and Roofing, Inc. for Roofing and
Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid
Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce.
Sealed bids were received and opened on December 19, 2017; the City received six
bids as follow:
BIDDER TOTAL
Pacific Builders and Roofing, Inc. $122,880.00
Anning-Johnson Co $134,000.00
San Marino Roofing Co. $141,955.00
Best Contracting Services, Inc. $159,677.00
Courtney, Inc. $163,080.00
Letner, Co. $169,000.00
The lowest apparent bidder is Pacific Builders and Roofing, Inc. of Roseville, California,
with a base bid of $122,880. The City has reviewed all 6 bid packages and confirmed
that Pacific Builders and Roofing, Inc. is the lowest responsible and responsive bidder.
If awarded by the City Council, construction is anticipated to begin in April 2018, and to
be substantially completed by May 2018.
Mayor, City Council and City Manager 2018-2019 Goals and Objectives
The proposed Agreement with Pacific Builders and Roofing, Inc. for Roofing and Fascia
Replacement at Howard M. Rowe Branch Library, aligns with Goal No. 4 Ensure
development of a well-planned, balanced, and sustainable City. By replacing the roof on
the library, this project will ensure that the City is attractive.
Fiscal Impact
The estimated cost is $145,260. There is sufficient funding available in the FY
2017/2018 Adopted Budget in Capital Projects.
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution awarding a
construction contract to Pacific Builders and Roofing Inc., dba WSP Roofing of Roseville
for Roofing and Fascia Replacement at Howard M. Rowe Branch Library.
Attachments
Attachment 1 – Resolution awarding Contract for Roof and Fascia replacement
Attachment 2 – Bid Opening Report & Bid Tabulation for Roof and Fascia replacement
Attachment 3 – Lowest Bid Form Pacific Builders and Roofing, Inc.
Attachment 4 – Plan Roof and Fascia replacement
Attachment 5 – Agreement
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Packet Pg. 204 Attachment: PW.WSP Roofing-Award of Contract.Staff Report.docx (5502 : Agreement W Pacific Builders and Roofing, Inc. for Roofing and
Ward:
7th
Synopsis of Previous Council Actions:
06- 21-2017 Resolution No. 2017- 118 adopted the City’s final budget document for Fiscal
Year 2017/2018.
05-15-2017 CDBG Action Plan 2017-2018
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Packet Pg. 205 Attachment: PW.WSP Roofing-Award of Contract.Staff Report.docx (5502 : Agreement W Pacific Builders and Roofing, Inc. for Roofing and
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RESOLUTION NO. 2018-110
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND PACIFIC BUILDERS AND ROOFING, INC., IN
THE AMOUNT OF $122,880, AUTHORIZING A CONSTRUCTION CONTIGENCY IN
THE AMOUNT OF $12,288, FOR A TOTAL AMOUNT NOT TO EXCEED $135,168,
AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXPEND THE
CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Pacific Builders & Roofing Inc., dba WSP Roofing, 8150 Sierra College
Blvd #290, Roseville, CA 95661, is the lowest responsible bidder for Roofing and Fascia
Replacement at Howard M. Rowe Branch Library per Plans and Specifications No. 13162.
SECTION 2. A contract is awarded accordingly to said bidder in a total amount of
$122,880.00 with a 10% contingency amount of $12,288.00, but such contract shall be effective
only upon being fully executed by both parties. All other bids, therefore, are hereby rejected.
The City Manager is hereby authorized and directed to execute said contract on behalf of the
City. A copy of the contract is on file in the office of the City Clerk and incorporated herein by
reference as though fully set forth at length.
SECTION 3. The Purchasing Manager is hereby authorized and directed to issue a
Purchase Order to said bidder in the amount indicated in SECTION 2 above.
SECTION 4. This contract and any amendment or modifications thereto shall not take
effect or become operative until fully signed and executed by the parties and no party shall be
obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
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Packet Pg. 206 Attachment: PW.WSP Roofing-Award of Contract.Attachment 1-Resolution.docx (5502 : Agreement W Pacific Builders and Roofing, Inc. for
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RESOLUTION NO. 2018-110
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND PACIFIC BUILDERS AND ROOFING, INC., IN
THE AMOUNT OF $122,880, AND AUTHORIZES A CONSTRUCTION
CONTIGENCY IN THE AMOUNT OF $12,288, FOR A TOTAL AMOUNT NOT TO
EXCEED $135,168 AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE
TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE
PROJECT.
SECTION 5. The authorization to execute this contract is rescinded if the parties to the
contract fail to execute and return said Contract to the office of the City Clerk within ninety (90)
days of passage of this Resolution.
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Packet Pg. 207 Attachment: PW.WSP Roofing-Award of Contract.Attachment 1-Resolution.docx (5502 : Agreement W Pacific Builders and Roofing, Inc. for
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RESOLUTION NO. 2018-110
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND PACIFIC BUILDERS AND ROOFING, INC., IN
THE AMOUNT OF $122,880, AND AUTHORIZES A CONSTRUCTION
CONTIGENCY IN THE AMOUNT OF $12,288, FOR A TOTAL AMOUNT NOT TO
EXCEED $135,168 AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE
TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE
PROJECT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a ___________ meeting thereof, held on the ____
day of ___________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, City Clerk
The foregoing resolution is hereby approved this __________ day of __________, 2018.
R. CAREY DAVIS, Mayor
City of San Bernardino
Approved as to form:
GARY D. SAENZ,
City Attorney
By:
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Packet Pg. 208 Attachment: PW.WSP Roofing-Award of Contract.Attachment 1-Resolution.docx (5502 : Agreement W Pacific Builders and Roofing, Inc. for
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Packet Pg. 209 Attachment: PW.WSP Roofing-Award of Contract-Attachment 2 - Bid Opening Report & Bid Tabulaton.pdf (5502 : Agreement W Pacific
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Packet Pg. 210 Attachment: PW.WSP Roofing-Award of Contract-Attachment 2 - Bid Opening Report & Bid Tabulaton.pdf (5502 : Agreement W Pacific
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Packet Pg. 211 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 212 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 213 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 214 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 215 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 216 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 217 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 218 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 219 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 220 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 221 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 222 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 223 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 224 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 225 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 226 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 227 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 228 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 229 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 230 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 231 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 232 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 233 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 234 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 235 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 236 Attachment: PW.WSP Roofing-Award of Contract.Attachment 3-Lowest Bid Form Pacific Builders & Roofing.pdf (5502 : Agreement W Pacific
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Packet Pg. 237 Attachment: PW.WSP Roofing-Award of Contract.Attachment 4- Plan Roof & Fascia Replacement.pdf (5502 : Agreement W Pacific Builders and
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Packet Pg. 238 Attachment: PW.WSP Roofing-Award of Contract.Attachment 4- Plan Roof & Fascia Replacement.pdf (5502 : Agreement W Pacific Builders and
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Packet Pg. 239 Attachment: PW.WSP Roofing-Award of Contract.Attachment 4- Plan Roof & Fascia Replacement.pdf (5502 : Agreement W Pacific Builders and
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Packet Pg. 240 Attachment: PW.WSP Roofing-Award of Contract.Attachment 4- Plan Roof & Fascia Replacement.pdf (5502 : Agreement W Pacific Builders and
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Packet Pg. 241 Attachment: PW.WSP Roofing-Award of Contract.Attachment 4- Plan Roof & Fascia Replacement.pdf (5502 : Agreement W Pacific Builders and
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Packet Pg. 242 Attachment: PW.WSP Roofing-Award of Contract.Attachment 4- Plan Roof & Fascia Replacement.pdf (5502 : Agreement W Pacific Builders and
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Packet Pg. 243 Attachment: PW.WSP Roofing-Award of Contract.Attachment 4- Plan Roof & Fascia Replacement.pdf (5502 : Agreement W Pacific Builders and
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Packet Pg. 244 Attachment: PW.WSP Roofing-Award of Contract.Attachment 4- Plan Roof & Fascia Replacement.pdf (5502 : Agreement W Pacific Builders and
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Packet Pg. 245 Attachment: PW.WSP Roofing- Award of Contract-Attachment 5- Agreement.pdf (5502 : Agreement W Pacific Builders and Roofing, Inc. for
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Packet Pg. 246 Attachment: PW.WSP Roofing- Award of Contract-Attachment 5- Agreement.pdf (5502 : Agreement W Pacific Builders and Roofing, Inc. for
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Packet Pg. 247 Attachment: PW.SMBMI - Victoria Imp Agreem.REPORT- (5501 : Infrastructure Improvement Agreement with the San Manuel Band of Mission
The SMBMI submitted a draft Infrastructure Improvement Agreement to the City for
review and approval. The Agreement provides that the SMBMI will design and construct
the improvements to the projects noted in this staff report. The City will review and
approve the plans and inspect the construction. Upon completion, the City will accept
the improvements for ongoing maintenance.
Mayor, City Council and City Manager 2018-2019 Goals and Objectives
The proposed Agreement with San Manuel Band of Mission Indians to improve the
surrounding area infrastructure, aligns with Goal No. 4: Ensure Development of a W ell-
Planned, Balanced, and Sustainable City. The project will provide infrastructure
designed for long term economic growth.
Fiscal Impact
SMBMI will pay all design and construction cost, plan check and inspection fees.
Therefore, there will be no fiscal impact to the City for this project.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino adopt
the Resolution, approving an Infrastructure Improvement Agreement with the San
Manuel Band of Mission Indians.
Attachments
Attachment 1 – Resolution; Exhibit A -Infrastructure Improvement Agreement
Ward: 4
Synopsis of Previous Council Actions: None
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Packet Pg. 248 Attachment: PW.SMBMI - Victoria Imp Agreem.REPORT- (5501 : Infrastructure Improvement Agreement with the San Manuel Band of Mission
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RESOLUTION NO. 2018-111
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INFRASTRUCTURE IMPROVEMENT AGREEMENT WITH THE SAN
MANUEL BAND OF MISSION INDIANS (SMBMI) FOR THE REHABILITATION OF
VARIOUS STREETS THROUGHOUT THE CITY
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized and directed to execute an
Agreement between the City of San Bernardino and San Manuel Band of Mission Indians for
Victoria Avenue Improvements attached hereto and incorporated herein as Exhibit “A”.
SECTION 2. That this public works project is exempt from the requirements of
competitive bidding because it can be seen with certainty that no competitive advantage can be
gained by soliciting bids as this project is being completed at no cost to the City.
SECTION 3. That the authorization to execute the above-referenced Agreement is
rescinded, if it is not executed and returned to the Office of the City Clerk within ninety (90) days
of the passage of this Resolution.
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Packet Pg. 249 Attachment: PW.SMBMI - Victoria Imp Agreem.RESOLUTION-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel
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RESOLUTION NO. 2018-111
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INFRASTRUCTURE IMPROVEMENT AGREEMENT WITH THE SAN
MANUEL BAND OF MISSION INDIANS (SMBMI) FOR THE REHABILITATION OF
VARIOUS STREETS THROUGHOUT THE CITY
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a ____________ meeting thereof, held on the
_______ day of __________________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, City Clerk
The foregoing Resolution is hereby approved this ________ day of ______________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: _________________________
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Packet Pg. 250 Attachment: PW.SMBMI - Victoria Imp Agreem.RESOLUTION-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel
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Packet Pg. 251 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 252 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 253 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 254 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 255 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 256 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 257 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 258 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 259 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 260 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 261 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 262 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 263 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 264 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 265 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 266 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 267 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 268 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 269 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 270 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 271 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 272 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 273 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 274 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 275 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 276 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 277 Attachment: PW.SMBMI-Victoria Imp Agreem.EXHIBIT A-03-29-2018 (5501 : Infrastructure Improvement Agreement with the San Manuel Band
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Packet Pg. 278 Attachment: PW.VSA - QLE Report (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
2018. In order keep repair and maintenance of the street light system uninterrupted,
staff issued a Request for Proposal (RFP) for new Street Light Repair Services.
A bid package was advertised for public bidding on January 26, 2018, and January 31,
2018, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid
Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan
Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid
Ocean, the City’s web sites, and the San Bernardino Area Chamber of Commerce.
Sealed bids were received and opened on February 20, 2018. The results are tabulated
below in Table 1:
Table 1:
Name of Bidder City Hourly Rate
(Labor)
Amount of Basic
Material Bid
Siemens Industry, Inc. Riverside $135.00 $77,699.00
Quality Light and Electrical (QLE) Bloomington $85.00 $87,307.11
Although Siemens Industry, Inc. were the lowest price on materials cost, they were the
highest on labor by $50.00 per hour ($135 per hour to $85 per hour). Hence the
selection of Quality Light and Electrical contract which was based on a review of the
sealed competitive bids received, staff verified professional references, confirmed that
their license is in good standing with the state, and thus determined QLE of
Bloomington, California to be the lowest responsive and responsible bidder, with a bid in
the amount of $85.00 labor hourly rate and $87,307.11 for basic material. Therefore, the
staff recommends that QLE be awarded the contract.
Mayor, City Council and City Manager 2018-2019 Goals and Objectives
The proposed Agreement with Quality Light and Electrical (QLE) for street light repair
services, aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and
Sustainable City. This project will provide infrastructure designed for long term
economic growth.
Fiscal Impact
The proposed FY 2018/2019 Budget includes sufficient funding for this project in the
amount of $555,880; account No. 126-400-0092-5502.
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution authorizing the
award of a Vendor Services Agreement with Quality Light and Electric for street light
repair services and issuance of an Annual Purchase Order with four (4) one-year
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Packet Pg. 279 Attachment: PW.VSA - QLE Report (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
extensions at the City’s option to QLE for street light repair services per Special
Provisions No. 13188.
Attachments
Attachment 1 – Resolution
Attachment 2 – Agreement
Attachment 3 – Bid Tabulation
Attachment 4 – 13188 Bid Form and Specifications – Street Light Maintenance
Ward: All
Synopsis of Previous Council Actions:
None.
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Packet Pg. 280 Attachment: PW.VSA - QLE Report (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
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RESOLUTION NO. 2018-112
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A VENDOR SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY
LIGHT AND ELECTRICAL (QLE) FOR STREET LIGHT REPAIR SERVICES AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER NOT TO EXCEED $555,000
WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY’S OPTION TO QLE
FOR STREET LIGHT REPAIR SERVICES PER SPECIAL PROVISIONS NO. 13188
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute a
Vendor Service Agreement between the City of San Bernardino and Quality Light and
Electrical, a copy of which is attached hereto, marked Exhibit “A” and incorporated herein by
this reference as though set forth in full.
SECTION 2. The Director of Finance, or his designee, is hereby authorized and
directed to issue an annual purchase order to Quality Light and Electric in the amount of
$555,000.00 with four (4) one-year extensions at the City’s option.
SECTION 3. The Purchase order shall reference this Resolution Number and shall
read, “Quality Light and Electrical Street light repair services. Agreement not to exceed
$555,000.00” and shall incorporate the terms and the conditions of the agreement.
SECTION 4. The above authorizations are rescinded and shall be void and of no
further effect if the Amendment is not fully executed it by all parties and returned to the
Office of the City Clerk within sixty (60) days from the passage of this Resolution.
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Packet Pg. 281 Attachment: PW.VSA - QLE RESOLUTION (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
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RESOLUTION NO. 2018-112
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING A VENDOR SERVICES
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND QUALITY
LIGHT AND ELECTRICAL (QLE) FOR STREET LIGHT REPAIR SERVICES AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER NOT TO EXCEED $555,000
WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY’S OPTION TO QLE
FOR STREET LIGHT REPAIR SERVICES PER SPECIAL PROVISIONS NO. 13188
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _______________________ meeting
thereof, held on the _____ day of ______________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, City Clerk
The foregoing Resolution is hereby approved this _____ day of __________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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Packet Pg. 282 Attachment: PW.VSA - QLE RESOLUTION (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
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Packet Pg. 283 Attachment: PW.VSA - QLE Contract Agreement (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
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Packet Pg. 284 Attachment: PW.VSA - QLE Contract Agreement (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
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Packet Pg. 285 Attachment: PW.VSA - QLE Contract Agreement (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
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Packet Pg. 286 Attachment: PW.VSA - QLE Contract Agreement (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
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Packet Pg. 287 Attachment: PW.VSA - QLE Contract Agreement (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
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Packet Pg. 288 Attachment: PW.VSA - QLE Bid Tabulation (5500 : Agreement with Quality Light and Electric for Street Lighting Repair Services)
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Packet Pg. 289 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 290 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 291 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 292 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 293 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 294 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 295 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 296 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 297 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 298 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 299 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 300 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 301 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 302 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 303 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 304 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 305 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 306 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 307 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 308 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 309 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 310 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 311 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 312 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 313 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 314 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 315 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 316 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 317 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 318 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 319 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 320 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 321 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 322 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
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Packet Pg. 323 Attachment: PW.VSA - QLE Bid Document & Specifications (5500 : Agreement with Quality Light and Electric for Street Lighting Repair
17.a
Packet Pg. 324 Attachment: FN- Desai.Contract.Report (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant
Mayor, City Council and City Manager 2018-2019 Goals and Objectives
The proposed Agreement aligns with Goal No. 6: Operate in a Fiscally Responsible and
Business-Like Manner. The City has many internal control and procedural
improvements to be made within the Finance Department in order to clear existing audit
findings and implement best practices throughout the Finance Department.
Fiscal Impact
The total cost to the City for the amendment is $150,000. There is sufficient resources
in the FY 2017/2018 Budget and 2018/2019 Proposed Budget to fund these charges in
account No: 001-120-0039*5502.
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution, approving
Amendment Number Two with R.T. Desai & Associates.
Attachments
Attachment 1 – Resolution; Exhibit A- Amendment Number Two
Attachment 2 – Consulting Services Agreement dated February 1, 2016.
Ward: All
Synopsis of Previous Council Action:
•February 2, 2016- Mayor and City Council adopted Resolution No. 2016-13
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Packet Pg. 325 Attachment: FN- Desai.Contract.Report (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant
RESOLUTION NO. 2018-113
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT
NUMBER TWO TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND CONSULTANT R.T. DESAI & ASSOCIATES FOR
ACCOUNTING SERVICES IN THE AMOUNT OF $150,000 FOR A TOTAL AMOUNT
NOT TO EXCEED $340,000
WHEREAS, on May 15, 2017, the Mayor and City Council authorized a Professional
Services Agreement between the City of San Bernardino and R.T. Desai & Associates in an
amount not to exceed $190,000 for accounting consulting services; and
WHEREAS, there is a need for accounting consulting services in the Finance
Department.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute
Amendment No. Two to the Professional Services Agreement with R.T. Desai & Associates to
continue to provide assistance to the Finance Department, and increase the amount of the contract
by $150,000 for a total amount not to exceed $340,000. A copy of said Amendment No. Two to
the Professional Services Agreement is attached hereto to as Exhibit “A” and incorporated herein
by reference.
SECTION 2. The authorization granted hereunder shall expire and be void and of no
further effect if the Agreement is not executed by both parties and returned to the Office of the
City Clerk within sixty (60) days following the effective date of this Resolution.
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Packet Pg. 326 Attachment: FN- Desai.Resolution (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant Services)
RESOLUTION NO. 2018-113
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT
NUMBER TWO TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND CONSULTANT R.T. DESAI & ASSOCIATES FOR
ACCOUNTING SERVICES IN THE AMOUNT OF $150,000 FOR A TOTAL AMOUNT
NOT TO EXCEED $340,000
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a meeting thereof, held on the _____ day of
________________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this _____ day of ________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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Packet Pg. 327 Attachment: FN- Desai.Resolution (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant Services)
AMENDMENT NUMBER TWO TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND R.T DESAI & ASSOCIATES FOR
ACCOUNTING SERVICES
THIS AMENDMENT NUMBER TWO is made and entered into as of _________,
2018, by and between the CITY OF SAN BERNARDNIO (“CITY”) and R.T. DESAI &
ASSOCIATES (“CONSULTANT”).
Whereas, On May 15, 2017 the CITY and CONSULTANT entered into that
certain agreement entitled “Professional Services Agreement between the City of
San Bernardino and R.T. Desai & Associates” (“Agreement”) for $190,000.
Now, therefore, In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. Section 2.0 Compensation is hereby amended to increase the amount by $150,000
for a total amount not to exceed $340,000 through the period ending June 30,
2019.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment
Number Two to be executed by and through their respective authorized officers, as of the date
first above written.
CITY OF SAN BERNARDINO CONSULTANT
By:_________________________________ By:___________________________
Andrea M. Miller R.T. Desai & Associates
City Manager
APPROVED AS TO FORM: ATTEST:
Gary D. Saenz, City Attorney
By:_________________________________ By:___________________________
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Packet Pg. 328 Attachment: FN- Desai.Resolution.Exhibit A (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant
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Packet Pg. 329 Attachment: FN- Desai.Attachment 2 (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant Services)
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Packet Pg. 330 Attachment: FN- Desai.Attachment 2 (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant Services)
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Packet Pg. 331 Attachment: FN- Desai.Attachment 2 (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant Services)
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Packet Pg. 332 Attachment: FN- Desai.Attachment 2 (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant Services)
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Packet Pg. 333 Attachment: FN- Desai.Attachment 2 (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant Services)
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Packet Pg. 334 Attachment: FN- Desai.Attachment 2 (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant Services)
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Packet Pg. 335 Attachment: FN- Desai.Attachment 2 (5499 : Amendment 2 to the Agreement with R.T. Desai & Associates for Accounting Consultant Services)
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Packet Pg. 336 Attachment: CD.MIG CSA Amendment.Staff Report (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the Comprehensive
The Draft Signage Regulations are largely completed, but final adoption of the new Sign
Ordinance will be incorporated into the process for adoption of the overall Development
Code.
Mayor, City Council and City Manager 2018-2019 Goals and Objectives
The proposed amendment to the Agreement for preparation of the Citywide Sign
Ordinance aligns with several of the adopted Goals and Objectives:
1. Implement the City Vision – having an updated and modern Sign Ordinance
creates a vibrant community.
2. Create, Maintain and Grow Jobs and Economic Value in the City – the updated
Sign Ordinance improves economic development opportunities and economic
value of property.
3. Ensure Development of a Well-Planned, Balanced, and Sustainable City – an
updated Sign Ordinance will ensure a well-planned community.
Fiscal Impact
There is sufficient funding in adopted FY 2017/2018 Budget in the amount of $3,000 in
account 001-180-0029-5502.
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution approving
Amendment Number One to the Consultant Services Agreement with Moore Iacofano
Goltsman, Inc.
Attachments
Attachment 1 Resolution; Exhibit A- Amendment Number One
Attachment 2 Consulting Services Agreement dated September 6, 2016
Ward: All
Synopsis of Previous Council Actions: None
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Packet Pg. 337 Attachment: CD.MIG CSA Amendment.Staff Report (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the Comprehensive
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RESOLUTION NO. 2018-114
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NUMBER ONE TO
THE CONSULTING SERVICES AGREEMENT WITH MOORE IACOFANO
GOLTSMAN, INC. TO INCREASE THE AMOUNT BY $3,000 FOR A TOTAL
AMOUNT NOT TO EXCEED $62,925, AND EXTEND THE TERM OF THE
AGREEMENT TO DECEMBER 31, 2018, FOR THE PREPARATION OF THE
COMPREHENSIVE SIGNAGE REGULATIONS UPDATE
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute
Amendment Number One to a Consulting Services Agreement with Moore Iacofano
Goltsman, Inc. attached hereto as Exhibit “A”, in an amount not to exceed $62,925.00 for a
term ending December 31, 2018.
SECTION 2. The authorization to execute the above-referenced agreement is
rescinded if the Agreement is not executed and returned to the Office of the City Clerk within
sixty (60) days following the effective date of this Resolution.
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Packet Pg. 338 Attachment: CD.MIG CSA Amendment.Resolution.Exhibit A (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
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RESOLUTION NO. 2018-114
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NUMBER ONE TO
THE CONSULTING SERVICES AGREEMENT WITH MOORE IACOFANO
GOLTSMAN, INC. TO INCREASE THE AMOUNT BY $3,000 FOR A TOTAL
AMOUNT NOT TO EXCEED $62,925, AND EXTEND THE TERM OF THE
AGREEMENT TO DECEMBER 31, 2018, FOR THE PREPARATION OF THE
COMPREHENSIVE SIGNAGE REGULATIONS UPDATE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a _______________ meeting thereof, held
on the ______ day of ____________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this __________ day of __________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: ___________________________
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Packet Pg. 339 Attachment: CD.MIG CSA Amendment.Resolution.Exhibit A (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
AUTHORIZATION FOR ADDITIONAL SERVICES REQUEST
PROJECT NAME: San Bernardino Sign Regulations DATE: January 3, 2018
PROJECT LOCATION: Citywide JOB # 13811
CLIENT: City of San Bernardino
ADDRESS: 290 North D St REQUEST # 1 - Revised
San Bernardino, CA 92401
MIG hereby requests authorization to proceed with additional services as based on the
following.
Scope of Services: (See Exhibit A: Additional Services Work Scope)
Change in Fee: $3,000
Original Fee: $3,000
Previous Additional Services Requests: --
Current Adjusted Fee: --
Current Additional Services Request: $3,000
New Adjusted Fee: $62,925
Payment
Schedule: Per existing contract
Approvals:
Moore Iacofano Goltsman, Inc. Client:
Signature
Date: Date:
Moore Iacofano Goltsman, Inc
Main Office:
800 Hearst Avenue, Berkeley, CA 94710
MIG Davis:
613 G Street, Davis, CA 95616
MIG Pasadena:
537 S. Raymond Avenue, Pasadena, CA
91105
MIG Fullerton:
801 N. Harbor Boulevard, Fullerton, CA
92832
MIG Portland:
815 SW 2nd Avenue, #200, Portland, OR
97204-3022
MIG Eugene:
199 E. 5th Avenue, Suite 33, Eugene, OR
97401
Exhibit A
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Packet Pg. 340 Attachment: CD.MIG CSA Amendment.Amendment One.Exhibit A (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
Exhibit A: Additional Services Work Scope
City of San Bernardino
Sign Regulations
MIG Additional Scope of Services
This additional services scope of work is provided at the request of the City of San Bernardino.
Additional Services as outlined below will be billed on a percent-complete basis, not to exceed
$3,000.
Revised Task 7 – Public Hearings
7.1 Planning Commission Hearings
One MIG staff member will be available to attend and facilitate one public hearing with the Planning Commission to
review the public hearing draft Signage Regulations. Any additional hearings would be billed on a time-and-materials
basis. Prior to the hearings, we will have a phone call with City staff to work out respective responsibilities. During the
hearings, we will present the draft Signage Regulations in a fashion desired by staff and the Commission, and will
respond to questions about proposed provisions.
MIG will be responsible for preparing a PowerPoint presentation for the hearings. City staff will be responsible
for advertising the hearings, preparing staff reports and preparing the document in ordinance format as needed. Staff
will also prepare the appropriate CEQA documentation. We will keep a list of changes directed by the Planning
Commission and provide that list to City staff to help them prepare staff reports for the City Council hearings.
7.2 City Council/Mayor Hearings
Laura Stetson and Genevieve Sharrow will be available to attend and facilitate one City Council public hearing for
consideration and adoption of the updated Signage Regulations. Any additional hearings would be billed on a time-
and-materials basis. Prior to the hearings, we will have a phone call with City staff to work out respective
responsibilities. During the hearings, we will present the draft Signage Regulations in a fashion desired by staff and the
Council, present the Planning Commission’s recommendations and respond to questions. MIG will be responsible for
preparing a PowerPoint presentation for the hearings. City staff will be responsible for advertising the hearings and
preparing staff reports.
Deliverables
• Meeting Presentations (PowerPoint)
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Packet Pg. 341 Attachment: CD.MIG CSA Amendment.Amendment One.Exhibit A (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
Attachment 2
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Packet Pg. 342 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
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Packet Pg. 343 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
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Packet Pg. 344 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
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Packet Pg. 345 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
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Packet Pg. 346 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
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Packet Pg. 347 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
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Packet Pg. 348 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
18.d
Packet Pg. 349 Attachment: CD.MIG CSA Amendment.CSA.Attachment 2 (5498 : Am. 1 to Agreement with Moore Iacofano Goltsman, Inc. for the
19.a
Packet Pg. 350 Attachment: PW.Stop Sign Pacific & Central - Report (5497 : Establishment of All-Way Stop Controls at the Intersection of Pacific Street and
Mayor, City Council and City Manager Goals and Objectives
This project aligns with Goal No. 2: Provide for the safety of City Residents and
Businesses. The project will utilize City programs to reduce crime and ensure that
neighborhoods and business areas are safe.
Fiscal Impact
It is anticipated that the cost associated with installation of the four (4) stops signs will
cost the City $2,000. Sufficient funding is available in account No. 001-402-5111 (Street
Maintenance).
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution, authorizing
the installation of an All-W ay stop at the intersection of Pacific Street and Central
Avenue.
Attachments
Attachment 1 - Resolution
Attachment 2 - Vicinity Map
Attachment 3 - Warrants
Ward: 4
Synopsis of Previous Council Actions:
• None
19.a
Packet Pg. 351 Attachment: PW.Stop Sign Pacific & Central - Report (5497 : Establishment of All-Way Stop Controls at the Intersection of Pacific Street and
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RESOLUTION NO. 2018-115
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING ALL-WAY CONTROLS AT THE
INTERSECTION OF PACIFIC STREET AND CENTRAL AVENUE
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 655, which designates certain streets, or portions
thereof, as through highways, Section One is amended by adding Subsection (13.6) PACIFIC
STREET to read as follows:
“ (13.6) Pacific Street
(A) At its intersection with Central Avenue (All-Way Stop).”
SECTION 2. Resolution No. 655, which designates certain streets, or portions
thereof, as through highways, Section One is amended by adding Subsection (3.13)
CENTRAL AVENUE to read as follows:
“ (3.13) Central Avenue
(A) At its intersection with Pacific Street (All-Way Stop).”
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Packet Pg. 352 Attachment: PW.Stop Sign Pacific & Central - RESOLUTION (5497 : Establishment of All-Way Stop Controls at the Intersection of Pacific Street
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RESOLUTION NO. 2018-115
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING ALL-WAY CONTROLS AT THE
INTERSECTION OF PACIFIC STREET AND CENTRAL AVENUE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City
Council of the City of San Bernardino at a ______________________________ meeting
thereof, held on the _____ day of ________________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this _____ day of ________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
By:
Approved as to form:
Gary D. Saenz, City Attorney
19.b
Packet Pg. 353 Attachment: PW.Stop Sign Pacific & Central - RESOLUTION (5497 : Establishment of All-Way Stop Controls at the Intersection of Pacific Street
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Packet Pg. 354 Attachment: PW.Stop Sign Pacific & Central - Vicinity Map (5497 : Establishment of All-Way Stop Controls at the Intersection of Pacific Street
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Packet Pg. 355 Attachment: PW.Stop Sign Pacific & Central - Warrants (5497 : Establishment of All-Way Stop Controls at the Intersection of Pacific Street and
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Packet Pg. 356 Attachment: PW.Stop Sign Pacific & Central - Warrants (5497 : Establishment of All-Way Stop Controls at the Intersection of Pacific Street and
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Packet Pg. 357 Attachment: PW.Stop Sign Pacific & Central - Warrants (5497 : Establishment of All-Way Stop Controls at the Intersection of Pacific Street and
19.d
Packet Pg. 358 Attachment: PW.Stop Sign Pacific & Central - Warrants (5497 : Establishment of All-Way Stop Controls at the Intersection of Pacific Street and
20.a
Packet Pg. 359 Attachment: PW.D Street - Report (5496 : Amend SBMC Chapter 10.52, Speed Zones to Establish the Speed Limit on "D" Street)
Staff Traffic Engineering evaluated the request. As required by the California Vehicle
Code, an engineering and traffic survey was conducted to determine an appropriate
speed limit that could be legally enforced. The Engineering and Traffic Survey is
included as Attachment 3. Based on the study, staff recommends that the current
speed limit of 45 mph be reduced to 35 mph.
Mayor, City Council and City Manager Goals and Objectives
The proposed Ordinance amending San Bernardino Municipal Code Chapter 10.52
Speed Zones, aligns with Goal No. 2: Provide for the safety of City Residents and
Businesses. The project will utilize City programs to reduce crime and ensure that
neighborhoods and business areas are safe.
Fiscal Impact
The estimated cost is $600 for installing speed limit signs and pavement markings.
Sufficient funding is available in the adopted FY 2017/2018 Budget in account No. 001-
402-5111 (Street Maintenance).
Conclusion
It is recommended that the Mayor and City Council adopt the Ordinance authorizing the
reduction of the speed limit on “D” Street.
Attachments
Attachment 1 – Ordinance
Attachment 2 – Vicinity Map
Attachment 3 – Engineering and Traffic Survey
Ward: 7
Synopsis of Previous Council Actions:
• September 6, 2016 – Ordinance No. MC-1428 adopted establishing speed zones on various
street segments throughout the City including “D” Street between 6th Street and 28th
Street.
20.a
Packet Pg. 360 Attachment: PW.D Street - Report (5496 : Amend SBMC Chapter 10.52, Speed Zones to Establish the Speed Limit on "D" Street)
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ORDINANCE NO. MC-1491
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 10.52 TO REDUCE THE SPEED LIMIT ON “D” STREET
BETWEEN HIGHLAND AVENUE AND TWENTY-EIGHTH STREET FROM
FORTY-FIVE MILES AN HOUR TO THIRTY-FIVE MILES AN HOUR
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.52.040 of the San Bernardino Municipal Code is hereby
amended by amending that portion which currently reads as “D” Street between 6th Street and
28th Street to read as “D” Street between 6th Street and Highland Avenue
SECTION 2. Section 10.52.020 of the San Bernardino Municipal Code is amended
by inserting the following to the streets currently listed to read as follows: “D Street between
Highland Avenue and 28th Street.”
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Packet Pg. 361 Attachment: PW.D Street - ORDINANCE (5496 : Amend SBMC Chapter 10.52, Speed Zones to Establish the Speed Limit on "D" Street)
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ORDINANCE NO. MC-1491
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING CHAPTER 10.52 OF THE SAN
BERNARDINO MUNICIPAL CODE TO REDUCE THE SPEED LIMIT ON “D”
STREET BETWEEN HIGHLAND AVENUE AND TWENTY-EIGHTH STREET
FROM FORTY-FIVE MILES AN HOUR TO THIRTY-FIVE MILES AN HOUR
I HEREBY CERTIFY that the foregoing Ordinance was dul y adopted by the Mayor and City
Council of the City of San Bernardino at a ______________________________ meeting
thereof, held on the _____ day of ________________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of ________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
By:
Approved as to form:
Gary D. Saenz, City Attorney
20.b
Packet Pg. 362 Attachment: PW.D Street - ORDINANCE (5496 : Amend SBMC Chapter 10.52, Speed Zones to Establish the Speed Limit on "D" Street)
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Packet Pg. 363 Attachment: PW.D Street - Vicinity Map (5496 : Amend SBMC Chapter 10.52, Speed Zones to Establish the Speed Limit on "D" Street)
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Packet Pg. 364 Attachment: PW.D Street - Engineering & Traffic Survey (5496 : Amend SBMC Chapter 10.52, Speed Zones to Establish the Speed Limit on "D"
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Packet Pg. 365 Attachment: PW.D Street - Engineering & Traffic Survey (5496 : Amend SBMC Chapter 10.52, Speed Zones to Establish the Speed Limit on "D"
20.d
Packet Pg. 366 Attachment: PW.D Street - Engineering & Traffic Survey (5496 : Amend SBMC Chapter 10.52, Speed Zones to Establish the Speed Limit on "D"
20.d
Packet Pg. 367 Attachment: PW.D Street - Engineering & Traffic Survey (5496 : Amend SBMC Chapter 10.52, Speed Zones to Establish the Speed Limit on "D"
20.d
Packet Pg. 368 Attachment: PW.D Street - Engineering & Traffic Survey (5496 : Amend SBMC Chapter 10.52, Speed Zones to Establish the Speed Limit on "D"
Consent Calendar
City of San Bernardino
Request for Council Action
Date: April 18, 2018
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
By: Trish Rhay, Director of Public Works
Alex Qishta, Deputy Director/City Engineer
Subject: Agreement with Southern California Edison for Energy
Efficiency-Light Fixture Replacement Rate
Recommendation
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino,
California, authorizing an Agreement between the City of San Bernardino and Sou thern
California Edison for the Schedule LS-1 Option E, Energy Efficiency-Light Emitting
Diode (LED) Fixture Replacement Rate Agreement.
Background
The City of San Bernardino has over 14,100 street lights. Of the lights identified, 7,000
are owned by the City and maintained by Public Works Department, Operations &
Maintenance Division and 7,100 are owned and operated by Southern California Edison
(SCE). This SCE Schedule LS-1 Option E applies for street lights owned by SCE only.
Discussion
Since June 1, 2016, Southern California Edison has offered an LS -1 Option E which
allows conversion to LED streetlight fixtures. There is no up-front cost for the
conversion, and in most cases, savings result due to reduced energy usage. Under the
program, SCE absorbs the conversion costs using an incentive program offered by the
California Public Utilities Commission (CPUC). This program incorporates an energy
efficiency premium through which SCE’s investment capital for new LED fixtures is
recovered over a 20 year term.
Adopting the LS-1 Option E tariff requires the City to enter into an agreement with SCE
to initiate the conversion process. SCE calculated a preliminary 12 month analysis
which results of an annual saving of $57,250 during the 20 year replacement. After 20
years, SCE’s calculations indicate the City will realize a total savings of approximately
$166,183 per year, at the current energy unit rate, due to reduced energy consumption.
The City will also reduce its Carbon foot print through reducing Green House Gas
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Packet Pg. 369 Attachment: PW.SCE - LS-1 Option E LED - Report (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate
(CHG) emission by approximately 1,700 metric tons of carbon equivalent per year
switching to LED technology for streetlights.
Since this program is predicated on availability of funding from the CPUC, there is no
guarantee that this program will be available after 2018. Therefore, SCE has advised
the City to start the application process as soon as possible in order to be placed in a
growing queue of cities interested in converting to LED. If approved, the estimated
timeline for the installation of LED lights would be in summer of 2019.
Mayor and City Council and City Manager Goals and Objectives
The proposed Resolution authorizing an Agreement with Southern California Edison,
aligns with Goal No. 7: Pursue City Goals and Objectives by Working with Other
Agencies. This project will maintain close working relationships with San Bernardino
County, tribes and other governmental agencies.
Fiscal Impact
There are no financial upfront replacement costs to the City of San Bernardino results
from the Schedule LS-1 Option E, Energy Efficiency-Light Emitting Diode (LED) Fixture
Replacement Rate Agreement. The City will pay the charge for the LED Fixtures
Replacement rates, which include an Energy Efficiency Premium Charge (EEPC) and
Base LED Charge.
A preliminary 12 month analysis indicates that the current estimated High Pressure
Sodium Vapor (HPSV) annual costs is $927,614 an d the estimated LED annual costs is
$870,364 with annual savings during the 20-year replacement is approximately $57,250
and the estimated annual savings post 20-year replacement is approximately $166,183.
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution authorizing the
execution of Schedule LS-1 Option E, Energy Efficiency-Light Emitting Diode (LED)
Fixture Replacement Rate Agreement.
Attachments
Attachment 1 – Resolution; Exhibit A - Agreement
Attachment 2 – Annual Savings Analysis
Attachment 3 – City of San Bernardino LS-1 Service Accounts
Attachment 4 – SCE LS-1 Option E, Color Temperature Specifications
Attachment 5 – Schedule LS-1
Ward: All
Synopsis of Previous Council Actions:
None
21.a
Packet Pg. 370 Attachment: PW.SCE - LS-1 Option E LED - Report (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate
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RESOLUTION NO. 2018-116
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND SOUTHERN CALIFORNIA EDISON FOR THE
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE
(LED) FIXTURE REPLACEMENT RATE AGREEMENT
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute the
Schedule LS-1 Option E, Energy Efficiency-Light Emitting Diode (LED) Fixture
Replacement Rate Agreement, Form 14-965, a copy of which is attached hereto and
incorporated herein as Exhibit “A”.
SECTION 2. 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.
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Packet Pg. 371 Attachment: PW.SCE - .RESOLUTION.attch 1 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
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RESOLUTION NO. 2018-116
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND SOUTHERN CALIFORNIA EDISON FOR THE
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE
(LED) FIXTURE REPLACEMENT RATE AGREEMENT
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City
Council of the City of San Bernardino at a ______________________________ meeting
thereof, held on the _____ day of ________________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this _____ day of ________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
By:
Approved as to form:
Gary D. Saenz, City Attorney
21.b
Packet Pg. 372 Attachment: PW.SCE - .RESOLUTION.attch 1 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Original Cal. PUC Sheet No. 57074-E
Rosemead, California (U 338-E) Cancelling Cal. PUC Sheet No.
Sheet 1
SCHEDULE LS-1 OPTION E,
ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT
RATE AGREEMENT
Form 14-965
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 3241-E R.O. Nichols Date Filed Jun 30, 2015
Decision 14-10-046 Senior Vice President Effective Jun 1, 2016
1P8 Resolution
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Packet Pg. 373 Attachment: PW.SCE - AB719 LS-1 Option E. EX A. Agreement (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement
SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED)
FIXTURE REPLACEMENT RATE AGREEMENT
Form 14-965
06/2016
1
This Schedule LS-1 Option E, Energy Efficiency-Light Emitting Diode (LED) Fixture Replacement Rate
Agreement (Agreement), effective this day of _,
_(Effective Date), is entered into between Southern California Edison Company (SCE)
and _, an SCE customer taking service on Schedule
LS-1 (Applicant), referred to collectively as "Parties," and individually as "Party." This Agreement
provides for SCE, at Applicant’s request, to replace the existing street lighting fixtures serving
Applicant’s premises with Light Emitting Diode (LED) street lighting fixtures to achieve energy efficiency
benefits for Applicant, as set forth in Special Condition 14, Option E, Energy Efficiency-Light Emitting
Diode (LED) Fixture Replacement, of Schedule LS-1.
The Parties agree as follows:
1. LED FIXTURES
SCE shall install, own, operate, and maintain LED Fixtures for Applicant as set forth in Exhibit "A"
attached hereto and incorporated herein by this reference. The LED Fixtures provided hereunder
shall at all times remain the property of SCE.
2. LED FIXTURE REPLACEMENT COSTS
2.1 The replacement costs of the LED Fixtures provided hereunder shall be borne by
Applicant.
2.2 Applicant shall pay the charge for the LED Fixtures Replacement rate, which includes an
Energy Efficiency Premium Charge (EEPC) and a Base LED Charge, under Option E of
Schedule LS-1. Applicant elects Option E in lieu of an upfront, one-time payment of the
replacement costs.
2.3 SCE does not guarantee that any energy or bill savings will accrue to Applicant as a result
of the LED Fixture replacements.
3. COMMENCEMENT OF SERVICE
The Parties agree that SCE has the right to charge Applicant, and Applicant has an obligation to
pay SCE, for the charges set forth in Schedule LS-1, Option E, commencing on the date SCE
begins serving the LED Fixtures installed pursuant to this Agreement.
4. TERM AND TERMINAT ION
4.1 This Agreement shall be effective as of the Effective Date and shall continue for a term of
twenty (20) years from the commencement of service as specified in Section 3 above
(Term).
4.2 Applicant may terminate this Agreement at any time during the Term upon a thirty (30) -
day advance written notice, provided that Applicant, prior to or within the 30-day advance
notice period, assigns the Agreement to any New Party In (NPI) that owns, rents or
leases the premises served by the street lighting fixtures replaced under this Agreement
and will take service under Option E of Schedule LS-1 effective as of the date of
termination; otherwise, Applicant shall pay a one-time termination charge equal to the
present value of the balance of the EEPC of Option E over the remaining Term. The
present value is determined based on SCE’s authorized rate of return on rate base, or
discounted rate of 7.90%.
21.c
Packet Pg. 374 Attachment: PW.SCE - AB719 LS-1 Option E. EX A. Agreement (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement
SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED)
FIXTURE REPLACEMENT RATE AGREEMENT
Form 14-965
06/2016
2
5. AMENDMENTS; ASSIGNMENTS
5.1 Any changes or amendments to this Agreement must be in writing and must be executed
by the Applicant and SCE and, if required, be approved by the California Public Utilities
Commission (Commission).
5.2 Applicant shall not assign this Agreement without the prior written consent of SCE;
provided, however, that Applicant may assign the Agreement pursuant to the terms and
conditions of Section 4.2 above, and the NPI must assume all rights and obligations
under this Agreement for the remaining Term. Any assignment and assumption shall be
in a form acceptable to SCE.
6. NOTICE
Any notice either Applicant or SCE may wish to provide the other regarding this Agreement must
be in writing. Such notice must be either hand-delivered or sent by U.S. certified or registered
mail, postage prepaid, to the person designated to receive notice for the other Party below, or to
such other address as either may designate by written notice. Notices delivered by hand shall be
deemed effective when delivered. Notices delivered by mail shall be deemed effective when
received, as acknowledged by the receipt of the certified or registered mailing.
Applicant: SCE:
(Name)
Business Customer Division
(Title) Southern California Edison Company
2244 Walnut Grove Avenue
(Address) Rosemead, CA 91770
(City, State, Zip)
7. NONWAIVER
The failure of either Party to enforce any of the terms and conditions or to exercise any right or
privilege in this Agreement shall not be construed as a waiver of any such term and conditions or
rights or privileges, and the same shall continue and remain enforce and effect as if no such
failure to enforce or exercise had occurred.
8. SEVERABILITY
In the event that any of the provisions, or portions thereof, of this Agreement are held to be
unenforceable or invalid by the Commission, or any court of competent jurisdiction, the validity
and enforceability of the remaining provisions or any portion thereof shall not be affected.
9. APPLICABLE LAWS, RULES, AND REGULATIONS
This Agreement shall be subject to, and interpreted under the laws, rules, decisions and
regulations of the State of California, without regard to its conflict of laws principles, the
Commission, and SCE's Commission-approved tariffs.
21.c
Packet Pg. 375 Attachment: PW.SCE - AB719 LS-1 Option E. EX A. Agreement (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement
SOUTHERN CALIFORNIA EDISON COMPANY
SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED)
FIXTURE REPLACEMENT RATE AGREEMENT
Form 14-965
06/2016
3
10. CALIFORNIA PUBLIC UTILITIES COMMISSION JURISDICTION
10.1 This is a filed form tariff agreement authorized by the Commission for use by SCE. No
officer, inspector, solicitor, agent or employee of SCE has any authority to waive, alter, or
amend any part of this Agreement except as provided herein or authorized by the
Commission. This Agreement is to be used in conjunction with Schedule LS-1 and
supplements the terms and conditions of the Applicant's electric service under Schedule
LS-1.
10.2 This Agreement shall at all times be subject to such changes or modifications by the
Commission as said Commission may, from time to time, direct in the exercise of its
jurisdiction.
10.3 Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally
file with the Commission, pursuant to the Commission's rules and regulations, an
application for change in rates, charges, classification, service, or rule or any agreement
relating thereto.
11. ENTIRE AGREEMENT
This Agreement, including SCE’s Commission-approved tariffs, constitutes the complete
agreement and understanding between the Applicant and SCE regarding the LED Fixtures
replacement costs. Prior agreements, representations, understandings, whether expressed or
implied, and communications, oral or written, between the Applicant and SCE shall not be
construed to be a part of this Agreement.
12. AUTHORIZATION SIGNATURE
In witness whereof, the Parties hereto have caused this Agreement to be signed by their duly
authorized representatives.
APPLIC ANT
BY:
NAME:
TITLE:
DATE SIGNED:
SOUTHERN CALIFORNIA EDISON COMPANY
BY:
NAME:
TITLE:
DATE SIGNED:
21.c
Packet Pg. 376 Attachment: PW.SCE - AB719 LS-1 Option E. EX A. Agreement (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement
Form 14-965
06/2016
4
SOUTHERN CALIFORNIA EDISON COMPANY
EXHIBIT “A”
SCHEDULE LS-1 OPTION E,
ENERGY EFFICIENCY-LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT
APPLICANT
CUSTOMER ACCOUNT NO.
SERVICE ACCOUNT NO.
(Additional account numbers/addresses may be attached hereto.)
SERVICE ADDRESS
APPLICANT REQUESTED READY TO SERVE DATE
SCE READY TO SERVE DATE
DESCRIPTION OF LED FIXTURES/SCOPE OF WORK: SPECIFY HOW MANY STREET LIGHTING
FIXTURE REPLACEMENTS ARE BEING REQUESTED AND AGREED TO UNDER THIS
AGREEMENT AND OTHER RELEVANT DETAILS.
W.O. No(s):
21.c
Packet Pg. 377 Attachment: PW.SCE - AB719 LS-1 Option E. EX A. Agreement (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement
City of San Bernardino
Customer Number: 444
Additional Savings after the energy efficiency premium falls off after 20 years and beyond
Wattage Lamp Count EEP Per Month
Estimated
Monthly
Savings
50 8 $1.32 $10.56
70 1709 $1.32 $2255.88
100 3,449 $1.36 $4690.64
150 479 $1.48 $708.92
200 614 $1.76 $1080.64
250 161 $1.97 $317.17
400 5 $2.79 $13.95
TOTAL $9,077.76
$9,077.76
$108,933.12
$57,250.00
$166,183.12
Estimated Additional monthly savings after 20 years:
Estimated Additional annual savings after 20 years:
Estimated Annual Savings During 20 Year Repayment:
Estimated Annual Savings Post 20 Year Repayment:
21.d
Packet Pg. 378 Attachment: PW.SCE - City of San Bernardino LS-1 Option E Analysis Post EEP.attach 2 (5494 : Agreement with SCE for Energy Efficiency-
City of San Bernardino LS-1 Service Accounts
Customer Name
CSS
Customer
Number
Serv Acct
Number
Cust Acct
Number Rate Service Account Address Service
Account City Zip
Annual
Max Kw
(Highest
Demand)
Annual
kWh
Annual
Revenue
SAN BERNARDINO,
CITY OF 444 1322547 9690660 LS-1-ALLNITE 20th/Arden San Bernardino 92401 0 7,452 $1,988
SAN BERNARDINO,
CITY OF 444 1322585 11959467 LS-1-ALLNITE Various San Bernardino 92401 0 3,208,294 $852,702
SAN BERNARDINO,
CITY OF 444 1322917 9690660 LS-1-ALLNITE Lapraix S/O Pacific Tr 9847 San Bernardino 92401 0 1,032 $381
SAN BERNARDINO,
CITY OF 444 3211608 9690660 LS-1-ALLNITE Various San Bernardino 92401 0 261,832 $64,578
SAN BERNARDINO,
CITY OF 444 14570100 176589729 LS-1-ALLNITE 1683 Massachusetts Ave San Bernardino 92411 0 480 $137
SAN BERNARDINO,
CITY OF 444 16699737 11959533 LS-1-ALLNITE 716 S Tippecanoe Ave San Bernardino 92408 0 1,296 $209
SAN BERNARDINO,
CITY OF 444 40701683 357900117 LS-1-ALLNITE Ferree & Coulston San Bernardino 92418 0 6,324 $2,295
21.e
Packet Pg. 379 Attachment: PW.SCE - LS-1 Service Accounts.attach 3 (5494 : Agreement with SCE for Energy Efficiency-
Southern California Edison
LS-1 Option E
Color Temperature Specification
At present, Southern California Edison is using current generation General Electric (GE) Evolve LED street
light fixtures for LED replacements under the LS-1 Option E program. GE LED fixtures allow for a choice
between color temperatures of either 4000 Kelvin degrees (4000k) or 3000 Kelvin degrees (3000k) at the
customer’s discretion. Please check the box below and sign to signify your preference for either 3000k
or 4000k color temperature lights. Thank you.
3000k color temperature lights are considered “warm white” and will have more yellow and amber
tones that are consistent with today’s existing High Pressure Sodium street lights.
4000k color temperature lights are between warm and cool on the spectrum and will provide a “whiter”
appearing light without crossing into the bluer spectrum.
Please check your choice of 3000k or 4000k
______ 3000K ______ 4000k
Local Government or Customer: __________________________________________________________
Printed Name of Authorized Signer: _______________________________________________________
Signature: ________________________________ Date: ______________________________________
21.f
Packet Pg. 380 Attachment: PW.SCE - LS-1Option E Color Temp Specification. attach 4 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture
Southern California Edison Revised Cal. PUC Sheet No. 62982-E
Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 62335-E
Schedule LS-1 Sheet 1
LIGHTING - STREET AND HIGHWAY - UNMETERED SERVICE
COMPANY-OWNED SYSTEM
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 3695-E-A Caroline Choi Date Filed Dec 22, 2017
Decision Senior Vice President Effective Jan 1, 2018
1C10 Resolution
APPLICABILITY
Applicable to service for the lighting of streets, highways, and publicly-owned and publicly-operated
automobile parking lots that are open to the general public where SCE owns and maintains the street
lighting equipment and associated facilities included under this Schedule.
Option E:
Beginning January 1, 2016, Option E, Energy Efficiency - Light Emitting Diode (LED) Fixture
Replacement, is available to customers that elect to have SCE replace its existing street lighting fixtures
serving customer load under this Schedule with LED street lighting fixtures to achieve energy efficiency
benefits for the customer. See Special Condition 14.
TERRITORY
Within the entire territory served.
RATES
Trans1 Distrbtn2 NSGC3 NDC4 PPPC5 DWRBC6 PUCRF7 Total8 UG*** DWREC
10
Energy Charge* - $/kWh/Lamp/Month
All Night Service 0.00531 (R) 0.01272 (I) 0.00287 (R) 0.00005 (I) 0.00680 (R) 0.00549 0.00046 (I) 0.03370 (R) 0.04562 (I) 0.00000
Midnight Service 0.00531 (R) 0.01272 (I) 0.00287 (R) 0.00005 (I) 0.00680 (R) 0.00549 0.00046 (I) 0.03370 (R) 0.04562 (I) 0.00000
All Night/Midnight Service Charge
Incandescent Lamps** - $/Lamp/Month
103 Watt 9.19 (I) 9.19 (I)
202 Watt 9.15 (I) 9.15 (I)
327 Watt 9.15 (I) 9.15 (I)
Mercury Vapor Lamps** - $/Lamp/Month
100 Watt 8.73 (I) 8.73 (I)
175 Watt 8.53 (I) 8.53 (I)
250 Watt 8.96 (I) 8.96 (I)
400 Watt 9.24 (I) 9.24 (I)
700 Watt 9.19 (I) 9.19 (I)
High Pressure Sodium Vapor Lamps - $/Lamp/Month
50 Watt 8.51 (I) 8.51 (I)
70 Watt 8.53 (I) 8.53 (I)
100 Watt 8.53 (I) 8.53 (I)
150 Watt 8.91 (I) 8.91 (I)
200 Watt 9.23 (I) 9.23 (I)
250 Watt 9.29 (I) 9.29 (I)
310 Watt 9.29 (I) 9.29 (I)
400 Watt 9.23 (I) 9.23 (I)
Delivery Service Generation
9
21.g
Packet Pg. 381 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 62983-E
Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 61429-E
Schedule LS-1 Sheet 2
LIGHTING - STREET AND HIGHWAY - UNMETERED SERVICE
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 3695-E-A Caroline Choi Date Filed Dec 22, 2017
Decision Senior Vice President Effective Jan 1, 2018
2C11 Resolution
RATES (Continued)
Trans1 Distrbtn2 NSGC3 NDC4 PPPC5 DWRBC6 PUCRF7 Total8 UG*** DWREC
10
Low Pressure Sodium Vapor Lamps - $/Lamp/Month
35 Watt 10.38 (I) 10.38 (I)
55 Watt 10.38 (I) 10.38 (I)
90 Watt 10.96 (I) 10.96 (I)
135 Watt 11.04 (I) 11.04 (I)
180 Watt 11.06 (I) 11.06 (I)
Metal Halide Lamps - $/Lamp/Month
100 Watt 9.62 (I) 9.62 (I)
150 Watt 9.43 (I) 9.43 (I)
175 Watt 9.58 (I) 9.58 (I)
250 Watt 9.40 (I) 9.40 (I)
400 Watt 9.70 (I) 9.70 (I)
Base LED Charge11
Light Emitting Diode (LED) Lamps - $/Lamp/Month
(High Pressure Sodium Vapor Recommended Lamps)
50 Watt 8.45 (I) 8.45 (I)
70 Watt 8.45 (I) 8.45 (I)
100 Watt 8.51 (I) 8.51 (I)
150 Watt 9.00 (I) 9.00 (I)
200 Watt 9.33 (I) 9.33 (I)
250 Watt 9.58 (I) 9.58 (I)
400 Watt 10.53 (I) 10.53 (I)
Option E - LED Lamps - $/Lamp/Month12
(High Pressure Sodium Vapor Recommended Lamps)
50 Watt 9.77 (I) 9.77 (I)
70 Watt 9.77 (I) 9.77 (I)
100 Watt 9.87 (I) 9.87 (I)
150 Watt 10.48 (I) 10.48 (I)
200 Watt 11.09 (I) 11.09 (I)
250 Watt 11.55 (I) 11.55 (I)
400 Watt 13.32 (I) 13.32 (I)
Tap Device Annual Charge - $/Device
13.34 (I) 13.34 (I)
Generation9Delivery Service
* The kilowatthours used to determine the Energy Charge for the lamp types and sizes served under this Schedule are shown in the
Special Conditions section, below.
** Closed to new installations.
*** The ongoing Competition Transition Charge (CTC) of $0.00000 per kWh is recovered in the URG component of Generation.
1 Trans = Transmission and the Transmission Owners Tariff Charge Adjustments (TOTCA) which are FERC approved. The TOTCA
represents the Transmission Revenue Balancing Account Adjustment (TRBAA) of $(0.00144) per kWh, Reliability Services
Balancing Account Adjustment (RSBAA) of $0.00003 per kWh, and Transmission Access Charge Balancing Account Adjustment
(TACBAA) of $(0.00003) per kWh.
(R)
(R)
2 Distrbtn = Distribution
3 NSGC = New System Generation Charge
4 NDC = Nuclear Decommissioning Charge
5 PPPC = Public Purpose Programs Charge (includes California Alternate Rates for Energy Surcharge where applicable.)
6 DWRBC = Department of Water Resources (DWR) Bond Charge. The DWR Bond Charge is not applicable to exempt Bundled
Service and Direct Access Customers, as defined in and pursuant to D.02-10-063, D.02-02-051, and D.02-12-082.
7 PUCRF = The PUC Reimbursement Fee is described in Schedule RF-E.
8 Total = Total Delivery Service rates are applicable to Bundled Service, Direct Access (DA) and Community Choice Aggregation
Service (CCA Service) Customers, except DA and CCA Service Customers are not subject to the DWRBC rate component of this
Schedule but instead pay the DWRBC as provided by Schedule DA-CRS or Schedule CCA-CRS.
9 Generation = The Generation rates are applicable only to Bundled Service Customers.
10 DWREC = Department of Water Resources (DWR) Energy Credit – For more information on the DWR Energy Credit, see the Billing
Calculation Special Condition of this Schedule.
11 Base LED Charge lists the charges applicable to customers with LED fixtures installed upon a lump sum payment(s).
12 Option E is the monthly Energy Efficiency Premium Charge and the Base LED Charge by fixture wattage.
Energy Efficiency Premium Charges (EPCC) by fixture wattage:
50 Watt / $1.32, 70 Watt / $1.32, 100 Watt / $1.36, 150 Watt / $1.48, 200 Watt / $1.76, 250 Watt / $1.97 and 400 Watt / $2.79
13 The charges for LED by wattage are based on the actual wattage of LED lamps. Instead for the LED rates, High Pressure Sodium
Vapor equivalent wattages are used as proxies for LED wattages.
21.g
Packet Pg. 382 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 61255-E
Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48931-E
Schedule LS-1 Sheet 3
LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 3561-E Caroline Choi Date Filed Feb 15, 2017
Decision Senior Vice President Effective Mar 17, 2017
3C16 Resolution
SPECIAL CONDITIONS
1. Kilowatthours for Lamp Type and Size: The kilowatthours for the lamp types and sizes served
under this Schedule used to determine the Energy Charge are shown below:
Nominal Lamp Rating kWh Per Lamp Per Month*
A B
Average All
Lamp Initial Night Midnight
Wattage Lumens Service Service
Incandescent Lamps**
103 1,000 35.535 18.633
202 2,500 69.690 36.542
327 4,000 112.815 59.154
448 6,000 154.560 81.043
Mercury Vapor Lamps**
100 4,000 45.195 23.698
175 7,900 74.520 39.074
250 12,000 103.845 54.451
400 21,000 163.530 85.747
700 41,000 277.035 145.263
1,000 55,000 391.575 205.322
High Pressure Sodium Vapor Lamps **
50 4,000 20.010 10.492
70 5,800 28.635 15.015
100 9,500 40.365 21.165
150 16,000 66.585 34.914
200 22,000 84.870 44.501
250 27,500 107.985 56.622
310 37,000 132.135 69.285
400 50,000 167.325 87.737
Low Pressure Sodium Vapor Lamps **
35 4,800 21.735 11.397
55 8,000 28.980 15.196
90 13,500 45.195 23.698
135 22,500 62.790 32.924
180 33,000 79.005 41.426
Metal Halide Lamps **
70 5,500 32.430 16.998
100 8,500 44.505 23.328
150 12,000 61.410 32.188
175 12,000 74.175 38.879
250 19,500 101.775 53.346
400 32,000 158.010 82.822
1,000 100,000 372.600 195.300
1,500 150,000 553.725 290.238
* When an account has more than one lamp, the total kWh will be the kWh per month lamp rating to
three decimal places multiplied by the number of lamps.
** Closed to new installations.
(N)
(N)
(N)
(N)
21.g
Packet Pg. 383 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 48625-E
Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 48035-E
Schedule LS-1 Sheet 4
LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE (T)
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 2591-E Akbar Jazayeri Date Filed Jun 10, 2011
Decision Vice President Effective Jul 10, 2011
4C16 Resolution
SPECIAL CONDITIONS (Continued)
1. Kilowatthours For Lamp Type and Size: (Continued)
Light Emitting Diode (LED) Lamps
kWh per Lamp per Month
Lamp Watts Lamps Watts Including Driver Loss Multiple Service kWh*****
Including Driver Loss*** Mid-Point Range**** All Night Midnight
0-5 2.50 0.9 0.5
5.01-10 7.50 2.6 1.4
10.01-15 12.50 4.3 2.3
15.01-20 17.50 6.0 3.2
20.01-25 22.50 7.8 4.1
25.01-30 27.50 9.5 5.0
30.01-35 32.50 11.2 5.9
35.01-40 37.50 12.9 6.8
40.01-45 42.50 14.7 7.7
45.01-50 47.50 16.4 8.6
50.01-55 52.50 18.1 9.5
55.01-60 57.50 19.8 10.4
60.01-65 62.50 21.6 11.3
65.01-70 67.50 23.3 12.2
70.01-75 72.50 25.0 13.1
75.01-80 77.50 26.7 14.0
80.01-85 82.50 28.5 14.9
85.01-90 87.50 30.2 15.8
90.01-95 92.50 31.9 16.7
95.01-100 97.50 33.6 17.6
100.01-105 102.50 35.4 18.5
105.01-110 107.50 37.1 19.4
110.01-115 112.50 38.8 20.3
115.01-120 117.50 40.5 21.2
120.01-125 122.50 42.3 22.2
125.01-130 127.50 44.0 23.1
130.01-135 132.50 45.7 24.0
135.01-140 137.50 47.4 24.9
140.01-145 142.50 49.2 25.8
145.01-150 147.50 50.9 26.7
150.01-155 152.50 52.6 27.6
155.01-160 157.50 54.3 28.5
160.01-165 162.50 56.1 29.4
165.01-170 167.50 57.8 30.3
170.01-175 172.50 59.5 31.2
21.g
Packet Pg. 384 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 48626-E
Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 48036-E
Schedule LS-1 Sheet 5
LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE (T)
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 2591-E Akbar Jazayeri Date Filed Jun 10, 2011
Decision Vice President Effective Jul 10, 2011
5C17 Resolution
SPECIAL CONDITIONS (Continued)
1. Kilowatthours For Lamp Type and Size: (Continued)
Light Emitting Diode (LED) Lamps
kWh per Lamp per Month
Lamp Watts Lamps Watts Including Driver Loss Multiple Service kWh*****
Including Driver Loss*** Mid-Point Range**** All Night Midnight
175.01-180 177.50 61.2 32.1
180.01-185 182.50 63.0 33.0
185.01-190 187.50 64.7 33.9
190.01-195 192.50 66.4 34.8
195.01-200 197.50 68.1 35.7
200.01-205 202.50 69.9 36.6
205.01-210 207.50 71.6 37.5
210.01-215 212.50 73.3 38.4
215.01-220 217.50 75.0 39.3
220.01-225 222.50 76.8 40.2
225.01-230 227.50 78.5 41.1
230.01-235 232.50 80.2 42.0
235.01-240 237.50 81.9 42.9
240.01-245 242.50 83.7 43.9
245.01-250 247.50 85.4 44.8
250.01-255 252.50 87.1 45.7
255.01-260 257.50 88.8 46.6
260.01-265 262.50 90.6 47.5
265.01-270 267.50 92.3 48.4
270.01-275 272.50 94.0 49.3
275.01-280 277.50 95.7 50.2
280.01-285 282.50 97.5 51.1
285.01-290 287.50 99.2 52.0
290.01-295 292.50 100.9 52.9
295.01-300 297.50 102.6 53.8
300.01-305 302.50 104.4 54.7
305.01-310 307.50 106.1 55.6
310.01-315 312.50 107.8 56.5
315.01-320 317.50 109.5 57.4
320.01-325 322.50 111.3 58.3
325.01-330 327.50 113.0 59.2
330.01-335 332.50 114.7 60.1
335.01-340 337.50 116.4 61.0
340.01-345 342.50 118.2 61.9
345.01-350 347.50 119.9 62.8
350.01-355 352.50 121.6 63.7
21.g
Packet Pg. 385 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 51704-E
Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48627-E
Schedule LS-1 Sheet 6
LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 2860-E Akbar Jazayeri Date Filed Mar 12, 2013
Decision Vice President Effective Apr 11, 2013
6C7 Resolution
1. Kilowatthours For Lamp Type and Size: (Continued)
Light Emitting Diode (LED) Lamps (Continued)
kWh per Lamp per Month
Lamp Watts Lamps Watts Including Driver Loss Multiple Service kWh*****
Including Driver Loss*** Mid-Point Range**** All Night Midnight
355.01-360 357.50 123.3 64.6
360.01-365 362.50 125.1 65.6
365.01-370 367.50 126.8 66.5
370.01-375 372.50 128.5 67.4
375.01-380 377.50 130.2 68.3
380.01-385 382.50 132.0 69.2
385.01-390 387.50 133.7 70.1
390.01-395 392.50 135.4 71.0
395.01-400 397.50 137.1 71.9
*** Lamp Wattage is based on the total wattage consumption of the lamp and driver.
**** The Mid-Point Range of the Lamp Watts including driver, is established by deducting
2.5 Watts from the highest wattage of the corresponding range in the “Lamp Watts
Including Driver” column.
***** The energy use calculation for All Night Service is (Mid-Point Range watts) x (4,140
hours/12 months/1000). The same calculation is used for Midnight service except that
the hours of service is replaced with 2,170 hours.
(D)
21.g
Packet Pg. 386 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 52412-E
Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48628-E
Schedule LS-1 Sheet 7
LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013
7C16 Resolution
SPECIAL CONDITIONS (Continued)
2. Standard Installation: A standard installation includes an overhead multiple service installation
where SCE furnishes bracket or mast arm construction and standard luminaire attached to a
wood pole.
SCE is responsible for all installation costs associated with the initial street light installation, as
well as ongoing maintenance and replacement service when SCE has determined that such
replacement is necessary. The installed cost of the Standard Installation is established by
Commission Decision in SCE’s General Rate Case proceeding. All facilities installed shall
become and remain the sole property of SCE.
3. Other Than Standard Installation:
a. Prior to January 1, 2014:
(1) Installation and Payment Provision: Where the applicant requests the installation of
an other than standard (OTS) Installation and the request is acceptable to SCE, SCE
will install the requested equipment provided the OTS street light, installation, design,
labor and material is in accordance with SCE’s design and engineering
specifications, and the applicant agrees to advance the amount invoiced for the
installation, as described in 3.a.(2) below. For an underground service installation,
the, Applicant is responsible for furnishing and installing any necessary conduit,
structures, excavating, backfilling and restoration of the pavement in accordance
with SCE’s specifications. SCE will retain ownership of the facilities, and will be
responsible for ongoing maintenance and replacement service when SCE has
determined that such replacement is necessary. Advances made for other than a
standard installation will not be refunded.
(2) Wood Pole Allowance Provision: For OTS Installations where SCE installs the
requested equipment, as described in Special Condition 3.a(1) above, the applicant
is required to pay the estimated difference between the OTS installed costs and the
Wood Pole Allowance. This amount will be invoiced by SCE, and the customer must
satisfy both of the following conditions before January 1, 2014 for the provision of the
Wood Pole Allowance to apply:
(a) A complete street light design package must be submitted to SCE including
the SCE street light authorization form completed by the applicable public
authority, and;
(b) The SCE invoice for the proposed streetlight facilities must be paid in full.
(N)
|
|
|
(N)
(N)
(T)
|
|
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|
|
|
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|
|
(T)
(N)
|
|
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|
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(N)
(D)
(L)
21.g
Packet Pg. 387 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 55658-E
Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 52413-E
Schedule LS-1 Sheet 8
LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 3118-E Megan Scott-Kakures Date Filed Oct 23, 2014
Decision Vice President Effective Nov 22, 2014
8C13 Resolution
SPECIAL CONDITIONS (Continued)
3. Other Than Standard Installation: (Continued)
b. Starting on January 1, 2014:
(1) Installation and Payment Provision: Effective January 1, 2014, where the applicant
requests an OTS Installation, and the request is acceptable to SCE, the requested
equipment will be installed pursuant to Installation Options (a) or (b), below:
(a) Applicant-Installed: The applicant provides the OTS street light, installation,
labor and material (cable and related electrical facilities) of OTS by the
applicant’s qualified contractor or sub-contractor in accordance with SCE’s
design and engineering specifications, covers all costs associated with the
installation of the OTS street light facility (including furnishing and installing any
necessary conduit, structures, excavation, backfill and restoration of the
pavement in accordance with SCE’s specifications), pays SCE for system
inspections and upon completion of facility installation and subsequent
acceptance by SCE, the applicant transfers and conveys ownership of all
installed structures and facilities to SCE. SCE will be responsible for ongoing
maintenance and replacement service when SCE has determined that such
replacement is necessary.
(b) SCE-Installed: The applicant requests SCE to provide the OTS street light
installation, design, labor and material in accordance with SCE’s design and
engineering specifications, and the applicant agrees to advance the full cost of
the installation. For an underground service installation, the Applicant is
responsible for furnishing and installing any necessary conduit, structures,
excavation, backfill and restoration of the pavement in accordance with SCE’s
specifications. SCE will retain ownership of the facilities, and will be
responsible of ongoing maintenance and replacement service when SCE has
determined that such replacement is necessary. Advances made for OTS
Installations will not be refunded.
(2) Wood Pole Allowance Provision: Effective January 1, 2014, SCE will discontinue
granting the Wood Pole Allowance to applicants under this Schedule.
4. Hours of Service: Under SCE’s standard all night operating schedule approximately
4,140 hours of service per year will be furnished. Under SCE’s midnight service operating
schedule approximately 2,170 hours of service per year will be furnished.
(T)
21.g
Packet Pg. 388 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 52414-E
Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48629-E
Schedule LS-1 Sheet 9 (T)
LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013
9C21 Resolution
SPECIAL CONDITIONS (Continued)
5. Other Than All Night Service:
a. Where the customer requests the installation and/or removal of equipment in order to
obtain Midnight Service and such request is acceptable to SCE, SCE will comply with
such request provided the customer first agrees to pay to SCE the estimated cost
installed of any additional equipment required and/or the removal cost of equipment
currently installed. Such payments will not be refunded and shall be paid in advance
or in installments acceptable to SCE over a period not to exceed three years.
Facilities installed in connection with such requests become and remain the sole
property of SCE.
b. Total non-energy charge(s) shown under the RATES section shall be applicable
under this Schedule when SCE has been requested to discontinue the existing
service by the customer and the customer has stipulated, in writing, that the facilities
are to be left in place for future use.
6. Removal, Relocation or Modification of Facilities:
a. Where street lighting service and facilities are ordered removed by a customer and
such facilities, or any part thereof, were in service for a period of less than 10 years
(120 consecutive months), the customer shall pay to SCE a nonrefundable amount
equal to the total estimated cost installed less any customer contribution, plus the
estimated cost of removal less the estimated net salvage value of the facilities.
b. Where street lighting service and facilities were ordered removed or modified by a
customer and such service and facilities, or their equivalent, are ordered reinstalled
within 36 months from the date of the order to remove or to modify, the customer shall
pay to SCE, in advance of the reinstallation, a nonrefundable amount equal to the
cost of removal or modification of the prior facilities and the estimated cost of such
reinstallation.
21.g
Packet Pg. 389 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 52415-E
Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48630-E
Schedule LS-1 Sheet 10 (T)
LIGHTING - STREET AND HIGHWAY-UNMETERED SERVICE
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013
10C21 Resolution
SPECIAL CONDITIONS (Continued)
6. Removal, Relocation or Modification of Facilities: (Continued)
c. Where street lighting facilities are ordered modified and/or relocated by a customer, the
customer shall pay to SCE, in advance of such modification and/or relocation, a
nonrefundable amount equal to the estimated cost of such modification and/or
relocation. This includes facilities that now serve street light load only, but that may
have been installed originally to serve other than street light load.
d. Facilities removed or installed remain the sole property of SCE.
7. Requirements and Restrictions:
a. The applicant for street light service shall specify the type of service, lamp size, and
location of street lights.
b. Service shall not be furnished under this Schedule where location, mounting height,
and/or other considerations are unacceptable to SCE.
c. The installation of street lighting equipment and facilities hereunder is contingent upon
SCE obtaining easements, rights of way, and highway permits satisfactory to SCE for
the required poles, lines, equipment, and facilities.
d. In accordance with Rule 4, a written contract for a term of not less than one year and
not more than five years is required in order to receive street light service under the
provisions of this Schedule.
e. Should the applicant not commence using the street lighting in a bona fide manner
within ninety (90) days after date of completion and installation of a street light or street
lighting system requested by the applicant, SCE will bill, and the applicant shall pay, the
applicable non-energy (other charges) portion of the lamp charge(s).
21.g
Packet Pg. 390 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 52416-E
Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48041-E
Schedule LS-1 Sheet 11 (T)
LIGHTING - STREET AND HIGHWAY
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013
11C20 Resolution
SPECIAL CONDITIONS (Continued)
8. Timed Auxiliary Power Device Adaptor (TAP):
a. This service is available under the terms and conditions stated below. An annual
charge per device, found in the RATES section of this Schedule, plus a one-time set up
administrative fee and a per modification administrative fee of $65.00 per account plus
Energy Charges billed at the LS-1 Midnight Service rate.
b. A Standard Installation shall consist of an individual TAP installed on SCE-owned
ornamental street lighting pole.
c. This rate option is only available to governmental agencies who are the customer of
record for ornamental street lighting service. A written Application and Agreement is
required for service in conjunction with SCE-owned ornamental street lighting poles.
d. SCE will install the requested TAP and the installed TAP shall remain the sole property
of SCE.
e. The installation of the applicant's holiday lighting decorations and hanger assemblies
shall be in accordance with SCE’s specifications.
f. The applicant shall specify the number of TAPs required. Billing will be based on the
manufacturers' 300 watt rating for each device and the hours of operation.
g. At the time of installation of the TAP and annually thereafter until such TAP has been
removed, the customer will be required to pay the annual charge.
h. In no case shall the granting of permission to install lighted holiday decorations for use
with a TAP device on SCE’s ornamental poles give the applicant any additional rights.
21.g
Packet Pg. 391 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 52417-E
Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 48042-E
Schedule LS-1 Sheet 12 (T)
LIGHTING - STREET AND HIGHWAY
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013
12C20 Resolution
SPECIAL CONDITIONS (Continued)
9. Maintenance: SCE shall exercise reasonable care and diligence in maintaining its street light
facilities or SCE-owned attachments thereto. Where SCE experiences, or expects to
experience, maintenance costs exceeding its normal maintenance expense resulting from, but
not limited to, vandalism, SCE may require the customer to pay the excess maintenance
expense.
10. Liability of SCE: SCE shall not, by taking action pursuant to its tariffs, be liable for any loss,
damage, or injury, established or alleged, which may result, or be claimed to result, therefrom.
11. Differential Facilities Rate: Where a governmental agency (applicant) requests and SCE
agrees to install facilities which are in addition to the Standard Installation (differential
facilities), the differential facilities installed costs shall be borne by the applicant.
In addition, where an applicant requests and SCE agrees to acquire the applicant's series
street light system, the difference between the cost of the facilities to convert the series
system to multiple service and the cost of the Standard Installation, shall be borne by the
applicant.
At the option of SCE, the applicant may pay the differential facilities installed costs as a
monthly charge in lieu of a one-time payment. The monthly charge is equal to 1.2 percent
times the differential facilities total installed costs.
A Schedule LS-1 Differential Facilities Rate Agreement is required for service under this
Special Condition.
12. Parking Lot Lighting Service: An “Agreement For Parking Lot Lighting Service SCE-Owned
System Schedule LS-1” (Form 14-685) shall be required for parking lot lighting service under
this Schedule.
21.g
Packet Pg. 392 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Revised Cal. PUC Sheet No. 52418-E
Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 49437-E
Schedule LS-1 Sheet 13 (T)
LIGHTING - STREET AND HIGHWAY
COMPANY-OWNED SYSTEM
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 2872-E Akbar Jazayeri Date Filed Mar 29, 2013
Decision 13-03-031 Vice President Effective Apr 1, 2013
13C22 Resolution
SPECIAL CONDITIONS (Continued)
13. Billing Calculation: A customer’s bill is calculated according to the rates and conditions
above.
The charges listed in the RATES section are calculated by multiplying the Total Delivery
Service rates and the Generation rates, when applicable, by the billing determinants (e.g., per
kilowatt [kW], kilowatthour [kWh], etc.).
As of January 1, 2012, all generation supplied to Bundled Service Customers is provided by
SCE. The DWR Energy Credit provided to Bundled Service Customers is determined by
multiplying the DWR Energy Credit rate component by the customer’s total kWhs.
a. Bundled Service Customers receive Delivery Service and Generation service from
SCE. The customer’s bill is the sum of the charges for Delivery Service and
Generation service determined, as described in this Special Condition, and subject to
applicable discounts or adjustments provided under SCE’s tariff schedules.
b. Direct Access Customers receive Delivery Service from SCE and purchase energy
from an Energy Service Provider. The customer’s bill is the sum of the charges for
Delivery Service determined as described in this Special Condition except that the
DWRBC rate component is subtracted from the Total Delivery Service rates before
the billing determinants are multiplied by such resulting Total rates; plus the
applicable charges as shown in Schedule DA-CRS and subject to applicable
discounts or adjustments provided under SCE’s tariff schedules.
c. CCA Service Customers receive Delivery Service from SCE and purchase energy
from their Community Choice Aggregator (CCA). SCE will read the meters and
present the bill for both Delivery and Generation Services to the CCA Service
Customer. The customer’s bill is the sum of the charges for Delivery Service as
displayed in this Rate Schedule and Generation charges determined by the CCA plus
the applicable charges as shown in Schedule CCA-CRS, and subject to applicable
discounts or adjustments provided under SCE’s tariff schedules.
21.g
Packet Pg. 393 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
Southern California Edison Original Cal. PUC Sheet No. 57073-E
Rosemead, California (U 338-E) Cancelling Cal. PUC Sheet No.
Schedule LS-1 Sheet 14
LIGHTING - STREET AND HIGHWAY
COMPANY-OWNED SYSTEM
(Continued)
(Continued)
(To be inserted by utility) Issued by (To be inserted by Cal. PUC)
Advice 3241-E R.O. Nichols Date Filed Jun 30, 2015
Decision 14-10-046 Senior Vice President Effective Jun 1, 2016
14C35 Resolution
SPECIAL CONDITIONS (Continued)
14. Option E: Option E, Energy Efficiency - Light Emitting Diode (LED) Fixture Replacement
Customers electing to have SCE replace its existing street lighting fixtures with LED street
lighting fixtures to achieve energy efficiency benefits for the customer may elect this Option
instead of the Base LED lamp charge, which applies to customers that elect an upfront lump
sum payment for LED fixture replacement costs. Customers with decorative street lighting
fixtures may also elect to be served under this Option; however an up-front one-time payment
of the differential cost between the decorative light fixture and a non-decorative light fixture is
required.
Customers electing this Option are subject to the monthly rates in Option E in the RATES
section, which include an Energy Efficiency Premium Charge (EEPC) and a Base LED
Charge.
Customers must sign Form 14-965, Schedule LS-1 Option E, Energy Efficiency-LED Fixture
Replacement Rate Agreement (Agreement) to qualify for this Option and will be subject to a
term of 20 years (Term). At the end of the Term, the customer will be moved from Option E to
the Base LED Charge of this Schedule. The customer may terminate the Agreement at any
time within the Term upon a 30-day advance written notice, provided that the customer, prior
to or within the 30-day notice period, assigns the Agreement to any New Party In (NPI) that
owns, rents or leases the premises with the street lighting fixtures replaced under this Option
and will take service under Option E of this Schedule effective as of the date of termination;
otherwise, the customer shall pay a one-time termination charge equal to the balance of the
EEPC of Option E over the remaining Term. The NPI will pay the Option E monthly charges
for the remaining Term pursuant to the terms and conditions of Form 14-965 and Option E of
this Schedule.
21.g
Packet Pg. 394 Attachment: PW.SCE - Schedule LS1 attach 5 (5494 : Agreement with SCE for Energy Efficiency-Light Fixture Replacement Rate Agreement)
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Packet Pg. 395 Attachment: CM - Charter Implementation - Part IV - FINAL READING - STAFF REPORT - Changes to City Boards, Commissions & Citizen
3. Ordinance No. 1482 amending Municipal Code Chapter Section 15.37 Historic
Building Demolition; and
4. Ordinance No. MC-1483 enacting Municipal Code Chapter 2.27 Library Board.
The Mayor and City Council also approved Resolution No. 2018-97 establishing the Arts
and Historical Preservation Commission.
Discussion
Implementation of the new Charter requires changes to the Municipal Code provisions
related to the boards, commissions, and committees. This presents an opportunity for
the Mayor and City Council to review the existing advisory body system and make
changes that ensure continued public involvement in the decision-making process by
enhancing the experience and creating meaningful opportunities to serve the City in an
advisory role.
This review process was initiated during the strategic planning workshop held in
November 2017. Given the resources required to effectively support each citizen
advisory body, direction was provided by the Mayor and City Council to reexamine the
responsibility of each of our City’s advisory groups, reduce the number of advisory
bodies and consolidate the areas of responsibility for each advisory body to ensure that
we focus our efforts and are able to continue to provide meaningful opportunities for
citizen participation and input in the City’s policy decisions. These changes started with
the ordinance presented to the Mayor and City Council on January 17, 2018 updating
the general provisions for Boards, Commissions and Citizen Advisory Committees
contained in Municipal Code Chapter 2.17. The proposed changes to specific boards,
commissions and committees began on February 7, February 21, March 7, and April 4,
2018 at which time the Mayor and City Council directed staff to move forward with the
following:
1. Establishment of the Elected Official Compensation Advisory Commission;
2. Dissolution of the Relocation Appeals Board;
3. Dissolution of the Food Policy Council;
4. Dissolution of the Disaster Council;
5. Dissolution of the Community Development Commission;
6. Dissolution of the Bureau of Franchises and the removal of ambulances and
chartered vehicles from Municipal Code Chapter 5.76 as these services are
regulated by other government agencies;
7. Dissolution of the Mobile Home Rent Board with requests for mobile home park
rent increases referred to an independent hearing officer.
8. Consolidation of the Senior Affairs and Parks and Recreation Commissions
under the Parks, Recreation and Community Services Commission;
9. Consolidation of the Historical Preservation and Fine Arts Commissions under an
Arts & Historical Preservation Commission;
10. Consolidation of the Board of Building Commissioners and the Handicap
Accessibility Appeals Board under the Building & Accessibility Appeals Board;
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Packet Pg. 396 Attachment: CM - Charter Implementation - Part IV - FINAL READING - STAFF REPORT - Changes to City Boards, Commissions & Citizen
11. Consolidation of the Human Relations Commission and the Board of Police
Commissioners under the Public Safety and Human Relations Commission;
12. Update of Municipal Code Chapter 5.82 pertaining to Operator Permits to
eliminate permit requirements for services monitored or governed by other
regulatory agencies or other portions of the Municipal Code. Operator permit
appeals under this section of the Municipal Code will be referred to the City
Manager;
13. Change in the scope of responsibility assigned to the Animal Control
Commission to focus on animal shelter service and refer appeals associated with
administrative citations and dangerous animals to a Hearing Officer;
14. Establishment of operating guidelines for the Planning Commission requiring that
recommendations for approval of General Plan amendments or amendments to
the Municipal Code be made by an affirmative vote of not less than a majority of
the total membership of the commission; and
15. Establishment of operating guidelines for the Library Board of Trustees under
Municipal Code Chapter 2.27.
Next Steps
The final items to be considered in association with the changes to the City’s boards,
commissions and citizen advisory committees will include the establishment of
operating guidelines such as meeting and reporting requirements for the Personnel
Commission and the Water Board which are established under Article VI of the City’s
Charter. These final changes will be presented to the Mayor and City Council for
consideration within the next several months.
Mayor and City Council and City Manager 2018-2019 Goals and Objectives
The proposed changes to the city’s boards, commissions and citizen advisory
committees address goal number 5(a) Improving City Government Operations in the
implementation of the City Charter, helping to more clearly define the roles and
lines of authority associated with the City’s advisory bodies including the Arts and
Historical Preservation Commission and the Library Board. The dissolution or the
Bureau of Franchises aligns with goal number 3 to Create, Maintain and Grow Jobs
and Economic Value in the City by streamlining the business registration process to
more quickly respond to the needs of non-medical transportation and taxi service
companies seeking a City of San Bernardino operator permit. The dissolution of the
Mobile Home Rent Board aligns with goal number 4 to Ensure Development of a
Well-Planned, Balanced, and Sustainable City providing mobile home park
operators and residents with an impartial hearing officer with expertise in municipal
law to address requests for mobile home park space rental fee increases that
exceed the annual adjustment provided for within Chapter 8.90 of the Municipal
Code.
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Packet Pg. 397 Attachment: CM - Charter Implementation - Part IV - FINAL READING - STAFF REPORT - Changes to City Boards, Commissions & Citizen
Fiscal Impact
The costs related to the Charter implementation services were approved by the Mayor
and City Council at the February 23, 2017, meeting.
Conclusion
1. Accept for final reading Ordinance No. MC-1480 of the Mayor and City Council
of the City of San Bernardino, California repealing Municipal Code Chapter 2.43
Bureau of Franchises and amending Chapter 5.76 related to Bureau of
Franchises, Taxicabs and Non-Emergency Vehicles;
2. Accept for final reading Ordinance No. MC-1481 of the Mayor and City Council
of the City of San Bernardino, California amending Municipal Code Chapter 8.90
Mobile Home Rents dissolving the Mobile Home Rent Board and delegating
responsibility for the review of Mobile Home Park rent increase requests to an
independent Hearing Officer;
3. Accept for final reading Ordinance No. MC-1482 of the Mayor and City Council
of the City of San Bernardino, California amending Municipal Code Chapter
15.37 Historic Building Demolition; and
4. Accept for final reading Ordinance No. MC-1483 of the Mayor and City Council
of the City of San Bernardino, California enacting Municipal Code Chapter 2.27
Library Board.
Attachments
5. Attachment 1 – Ordinance No. MC-1480 repealing Municipal Code Chapter 2.43
Bureau of Franchises and amending Municipal Code Chapter 5.76 Taxicabs and
Non-Emergency Medical Vehicles
6. Attachment 2 – Ordinance No. MC-1481 amending Municipal Code Chapter
Section 8.90 Mobile Home Rents
7. Attachment 3 – Ordinance No. MC-1482 amending Municipal Code Chapter
Section 15.37 Historic Building Demolition.
8. Attachment 4 – Ordinance No. MC-1483 enacting Municipal Code Chapter 2.27
Library Board
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Packet Pg. 398 Attachment: CM - Charter Implementation - Part IV - FINAL READING - STAFF REPORT - Changes to City Boards, Commissions & Citizen
Ward:
Synopsis of Previous Council Actions:
1. 6/7/17 - Ordinance MC-144 adopted - Chapter 2.50 Personnel Commission
2. 12/6/17 - Resolution No. 2017-239 adopted dissolving the Community Development
Citizen Advisory Committee
3. 1/17/18 - First reading of Ordinances repealing and replacing Municipal Code Chapters
2.17 Boards, Commissions and Citizen Advisory Committees and 2.75 City Council Sub-
Committees
4. 2/7/18 –
a. Resolution No. 2018-38 adopted dissolving the Food Policy Council
b. Final reading and adoption of Ordinances amending Municipal Code Chapters 2.17
Boards, Commissions and Citizen Advisory Committees and 2.75 City Council Sub-
Committees:
i. Ordinance No. MC-1454, amending Municipal Code Chapter 2.17, Boards,
Commissions and Citizen Advisory Committees – General
ii. Ordinance No. MC-1455, amending Municipal Code Chapter 2.76, City
Council Sub-Committees
c. First reading of Ordinances amending or repealing and replacing Municipal Code
Chapters pertaining to the following Boards and Commissions:
i. Ordinance No. MC-1458, repealing Municipal Code Chapters 2.18 Parks,
Recreation and Community Services Department, 2.30 Fine Arts
Commission and 2.49 Senior Affairs Commission.
ii. Ordinance No. MC-1459, repealing Municipal Code Chapters 2.31
Relocation Appeals Board; 2.40 Community Development Commission;
and 2.46 Disaster Council.
iii. Ordinance No. MC-1460, repealing Municipal Code Chapter 2.23 Historical
Preservation Commission.
iv. Ordinance No. MC-1463, amending Municipal Code Chapter 2.19
establishing an Elected Official Compensation Advisory Commission.
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Packet Pg. 399 Attachment: CM - Charter Implementation - Part IV - FINAL READING - STAFF REPORT - Changes to City Boards, Commissions & Citizen
Synopsis of Previous Council Actions Continued:
1. 2/21/18 –
a. Resolution No. 2018-45 adopted establishing the Animal Control Commission.
b. Resolution No. 2018-46 adopted establishing the Public Safety and Human
Relations Commission
c. Resolution No. 2018-47 adopted establishing the Parks, Recreation and
Community Services Commission
d. Final reading and adoption of Ordinances repealing and replacing Municipal Code
Chapters pertaining to the following Boards, Commissions and Citizen Advisory
Committees:
i. Ordinance No. MC-1458, repealing Municipal Code Chapters 2.18 Parks,
Recreation and Community Services Department, 2.30 Fine Arts
Commission and 2.49 Senior Affairs Commission.
ii. Ordinance No. MC-1459, repealing Municipal Code Chapters 2.31
Relocation Appeals Board; 2.40 Community Development Commission;
and 2.46 Disaster Council.
iii. Ordinance No. MC-1460, repealing Municipal Code Chapter 2.23 Historical
Preservation Commission.
iv. Ordinance No. MC-1463, amending Municipal Code Chapter 2.19
establishing an Elected Official Compensation Advisory Commission.
e. First reading of Ordinances amending or repealing and replacing Municipal Code
Chapters pertaining to the following Boards and Commissions:
i. Ordinance No. MC-1468 repealing Municipal Code Chapter 2.26 Animal
Control Commission
ii. Ordinance No. MC-1469 amending Chapter 6.14 Administrative Citations
iii. Ordinance No. MC-1470 amending Chapter 6.09 Vicious and Potentially
Dangerous Dogs
iv. Ordinance No. MC-1471 repealing Municipal Code Chapters 2.34 Board of
Police Commissioners and 2.39 Human Relations Commission
v. Ordinance No. MC-1472 amending Municipal Code Chapter 5.82 Operator
Permit Regulations
vi. Ordinance No. MC 1473 amending Municipal Code Chapter 2.22 Planning
Commission
vii. Ordinance No. MC-1474 amending Municipal Code Chapter 2.45 Building
and Accessibility Appeals Board and repealing Resolution 94-254
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Packet Pg. 400 Attachment: CM - Charter Implementation - Part IV - FINAL READING - STAFF REPORT - Changes to City Boards, Commissions & Citizen
Synopsis of Previous Council Actions Continued:
2. 3/7/18 –
a. Final reading and adoption of Ordinances repealing and replacing Municipal Code
Chapters pertaining to the following Boards, Commissions and Citizen Advisory
Committees:
i. Ordinance No. MC-1468 repealing Municipal Code Chapter 2.26 Animal
Control Commission
ii. Ordinance No. MC-1469 amending Chapter 6.14 Administrative Citations
iii. Ordinance No. MC-1470 amending Chapter 6.09 Vicious and Potentially
Dangerous Dogs
iv. Ordinance No. MC-1471 repealing Municipal Code Chapters 2.34 Board of
Police Commissioners and 2.39 Human Relations Commission
v. Ordinance No. MC-1472 amending Municipal Code Chapter 5.82 Operator
Permit Regulations
vi. Ordinance No. MC 1473 amending Municipal Code Chapter 2.22 Planning
Commission
vii. Ordinance No. MC-1474 amending Municipal Code Chapter 2.45 Building
and Accessibility Appeals Board and repealing Resolution 94-254
3. 4/4/18 –
a. Resolution No. 2018-97 adopted establishing the Arts and Historical Preservation
Commission.
b. First reading of Ordinances amending or repealing and replacing Municipal Code
Chapters pertaining to the following Boards and Commissions:
i. Ordinance No. MC-1480 Ordinance repealing Municipal Code Chapter 2.43
Bureau of Franchises and amending Municipal Code Chapter 5.76 Taxicabs
and Non-Emergency Medical Vehicles;
ii. Ordinance No. MC-1481 amending Municipal Code Chapter Section 8.90
Mobile Home Rents;
iii. Ordinance No. 1482 amending Municipal Code Chapter Section 15.37
Historic Building Demolition; and
iv. Ordinance No. MC-1483 enacting Municipal Code Chapter 2.27 Library
Board.
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Packet Pg. 401 Attachment: CM - Charter Implementation - Part IV - FINAL READING - STAFF REPORT - Changes to City Boards, Commissions & Citizen
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ORDINANCE NO. MC-1480
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 2.43 AND AMENDING SAN BERNARDINO MUNICIPAL CODE
CHAPTER 5.76 RELATED TO BUREAU OF FRANCHISES, TAXICABS, AND NON-
EMERGENCY VEHICLES
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, the new Charter retains all existing departments and offices within the
city until changed by ordinance, and established a Council/Manager form of government,
assigning to the City Manager the power to establish City departments subject to approval of
the City Council and prescribe their functions; and
WHEREAS, the City Council in implementing the new charter provisions has
evaluated the community’s need for various committees and commissions and desires to
eliminate some bodies and consolidate others to increase efficiency and preserve scarce
resources; and
WHEREAS, the City Council has determined that the duties of the Bureau of
Franchises will be transferred to City staff.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.43 of the San Bernardino Municipal Code relating to
Bureau of Franchises is hereby repealed.
SECTION 2. Chapter 5.76 of the San Bernardino Municipal Code – “Taxicabs,
Ambulances and Chartered Vehicles” is hereby amended in the following respects only:
Chapter 5.76
TAXICABS AND NON-EMERGENCY MEDICAL VEHICLES
Sections:
5.76.010 Short Title
5.76.020 Definitions
5.76.030 Permit-Required
5.76.040 Permit-Petition for Requirements-Filing Fees
5.76.050 Permit - Issuance – Hearings
5.76.060 Permit - Issuance - Increase in service
5.76.070 Transfer of Certificates
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5.76.080 Notice of Amendments
5.76.090 Dial-a-Ride Service
5.76.100 Only Authorized Service Permitted
5.76.110 Revocation, Suspension and Cancellation of Permits - Notice – Hearing
5.76.120 License - Fees - Reports on Charter Vehicle Hire
5.76.130 Display of Permits Plates
5.76.140 Insurance - Ambulance and Non-Emergency Medical Transportation
Vehicles
5.76.170 Advertising
5.76.180 Availability of Service
5.76.190 Cruising and Loading
5.76.200 Rates - Taxicab Service
5.76.210 Rates - Dial-a-Ride Taxicab Medical Transportation Rates
5.76.220 Rates - Minimum and Maximum for Limousine and Chartered Vehicle
Service
5.76.230 Rates – Established
5.76.240 Change in rates
5.76.250 Discrimination of rates prohibited
5.76.260 Rates to be displayed
5.76.270 Refusal to Pay Fare
5.76.280 Drivers
5.76.290 Investigation of Drivers
5.76.300 Identification of Vehicles
5.76.310 Identity Lights
5.76.320 Route - Passenger Limit in Taxicabs
5.76.330 Equipment - Inspection
5.76.340 Taximeter required - Inspection – Operation
5.76.350 Waiting Time-On-Scene Time-Ambulances
5.76.360 Receipt to be Given Upon Request
5.76.370 Trip Sheets - Driver's ReportsTransaction Records
5.76.380 Inspection of Records
5.76.390 Taxi stands - Application for - Standing Restricted
5.76.400 Taxi stands - Issuance of Permits
5.76.410 Taxi Stands - Permits subject to Revocation
5.76.420 Taxi Stands – Authorized Use Only
5.76.430 Taxi Stands - Application Fee – Exemption
5.76.440 Taxi Stand Maintenance Fee
5.76.500 Medical Transportation Rates
5.76.510 Ambulance Carrier Requirements
5.76.520 Drivers and Attendants of Ambulances
5.76.530 Drivers of Wheelchair Passenger Transportation Vehicles or a
Transportation Van for the HandicappedDisabled
5.76.575 Application to City
5.76.580 Enforcement
5.76.020 Definitions
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For the purpose of this Chapter, the following terms shall be deemed and construed to
have the meanings respectively ascribed to them in this section, unless from the particular
context it clearly appears that some other meaning is intended:
1. "Advertise" means to give public notice either by publication in a
newspaper, or by means of handbills, placards, or other written public notice or call to
the public attention by any means whatsoever.
2. "Ambulance" means any privately owned emergency motor vehicle except a
wheelchair passenger transportation vehicle, equipped or used for the purpose of
providing medical care and medical transportation, including but not restricted
toprimarily intended for and used for emergency transportation, but shall not mean a
funeral coach or hearse.
3. "Carrier" means and includes every person, firm, corporation, partnership,
joint venture or other form of business organization engaged in operating, or causing
to be operated, any vehicle required by the provisions of this Chapter of the City, as
amended, to be covered by a permit.
4. "Chartered vehicle" means and includes every vehicle other than taxicabs,
dial-a-ride taxicabs, handicapped transportation vans, chauffeured limousines, medical
transportation vehicles and sight-seeing vehicles used for the public transportation of
passengers for compensation over the streets of the City, not over defined routes, to a
destination and/or over a route, or routes, designated by the hirer thereof when the
point of origin is within the City.
5. "Chauffeured limousine" means and includes every vehicle, the seating
capacity of which has been specified by the manufacturer thereof to be seven persons,
or more, but does not include a bus, dial-a-ride taxicab, or handicapped transportation
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van, not operated with a taximeter, and used for the transportation of passengers for
compensation, over the streets of the City, but not over defined routes, when point of
origin is within the City.
46. "City" means the City of San Bernardino, California.
57. "Compensation" as used in this Chapter means and includes any money,
thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid,
accepted or received for transportation of a person or persons or for services rendered,
whether paid upon solicitation, demand or contract, or voluntarily, or intended as a
gratuity or donation.
8. “Dial-a-ride taxicab” means and includes every vehicle used for public
transportation of passengers over the streets of the City, but not over defined routes,
for which each patron shall pay a flat fee, and the vehicle may transport unrelated
multiple passengers at the discretion of the dial-a-ride taxicab. All provisions relating
to "taxicab" shall apply to a dial-a-ride taxicab except when specifically excluded.
69. "Dialysis transportation vehicle" means any privately owned motor vehicle
which is equipped and used exclusively for the purpose of medical transportation of
passengers requiring treatment for end stage renal disease at any licensed
Hemodialysis Unit.
7. "Driver" means and includes every person driving, operating or in charge of
any vehicle as definedregulated by this Chapter.
810. "Driver's permit" means the permit issued by the Chief of Police to any
person operating or driving any vehicle as definedregulated by this chapter.
911. "HandicappedDisabled transportation van" means a vehicle equipped as a
wheelchair transportation vehicle used for the public transportation of
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handicappeddisabled persons over the streets of the City but not over defined routes
pursuant to an agreement with the City. The transportation van shall not charge direct
compensation for its services, but may, with the approval of the Mayor and
CommonCity Council, accept nominal donations therefor.
10. "Medical transportation vehicle" means any vehicle included in the
definition of an ambulance, a dialysis transportation vehicle or a wheelchair passenger
transportation vehicle, which is used for medical transportation.
1112. "Non-Emergency Medical transportation" means the transportation for
hire, except by taxicab or ambulance, of any passengers who may be wounded, sick,
injured, ill, incapacitated, infirm, an expectant mother, or dead person, to or from any
office, facility or institution which regularly offers any type of non-emergency medical
care or service.
1213. "Person" means and includes persons, firms, corporations, associations,
syndicates, joint ventures, joint stock companies, partnerships and any other form of
business organization.
14. "Sight-seeing vehicle" means and includes every vehicle other than
taxicabs and charter vehicles used for the transportation of passengers for
compensation over the streets of the City, whether or not over defined routes for sight-
seeing purposes or showing points of interest when the route is designated by the
carrier and when the point of origin is within the City.
135. "Street" means and includes every public street, road, alley, place, way or
highway in the City.
146. "Taxicab" means and includes every vehicle used for the public
transportation of passengers over the streets of the City, but not over defined routes,
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irrespective of whether such operations extend beyond the City, whether or not
compensation is paid for such transportation, and whether or not the charge to patrons
is determined and indicated by the mechanical calculation of a taximeter as defined in
subsection 157 of this section but does not include dial-a-ride taxicabs.
157. "Taximeter" means a mechanical instrument or device by which the
charge for hire of a taxicab is mechanically calculated, either for distance traveled, or
for waiting time, or both, and upon which such charge is plainly registered by means
of figures, indicating dollars and cents.
168. "Taxi stand" means a place on a public street designated by the
bureauCity for the use, while awaiting employment, of a vehicle covered by this
Chapter.
179. "Temporary driver's permit" means a permit issued by the Chief of Police
to any person to temporarily operate or drive any vehicle as definedregulated by this
Chapter.
1820. "Wheelchair passenger transportation vehicle" means any privately
owned motor vehicle equipped or used for the purpose of medical transportation of
passengers confined to a wheel chair who are unable to be transported in a normal
manner by taxicab or private automobile, but do not require the use of a stretcher, litter
or ambulance cot. The use of a stretcher, litter or ambulance cot or other device for the
transportation of passengers in a reclining position is prohibited in a wheelchair
passenger transportation vehicle.
21. "Dialysis transportation vehicle" means any privately owned motor vehicle
which is equipped and used exclusively for the purpose of medical transportation of
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passengers requiring treatment for end stage renal disease at any licensed
Hemodialysis Unit.
22. "Medical transportation vehicle" means any vehicle included in the
definition of an ambulance, a dialysis transportation vehicle or a wheelchair passenger
transportation vehicle, which is used for medical transportation.
5.76.030 Permit-Required
It is unlawful for any person to drive, operate or cause to be operated, or to employ,
permit or allow another to drive, operate or cause to be operated, any taxicab, or non-
emergency medical transportation vehicle over any street of this City regardless of whether
such operation extends beyond the boundary limits of the City, or to advertise for, solicit,
induce, persuade, invite, or procure such transportation of passengers, or sick or injured
persons for non-emergency transportation without first obtaining a permit from the
BureauCity, subject to the exceptions set forth in the following subsections:
A. A vehicle or medical transportation vehicle which is lawfully transporting a
passenger or a patient from a point outside the City to a destination within the City, or
en route to a destination outside the City, is excepted; provided, that no such vehicle
shall solicit or accept a passenger or patient from within the City for transportation to
any destination whatsoever without such permit.
B. Any private medical transportation vehicle accepting and transporting a
patient within the City when such private medical transportation vehicle has been
requested or summoned by any police, fire, or civil defense authority or has been
informed by the person requesting such transportation that no permittee hereunder is
willing or able to render such transportation and the Police Department of the City has
been notified that such transportation will be made is excepted; provided, that the
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BureauCity may revoke the permit of any permittee refusing such transportation unless
the following conditions exist:
1. The permittee has notified the BureauCity in writing of the time and
date of each such refusal and the reasons therefor on or before the tenth day of
the following month; and
2. The BureauCity finds that the permittee refusing service was not able
by reason of unavailability of equipment and personnel to render such service.
In making this finding, the CityBureau may require the permittee to furnish any
further information reasonably necessary for such determination.
C. A vehicle being operated pursuant to franchise issued by the authority of the
State Public Utilities Commission or Interstate Commerce Commission is excepted.
D. A vehicle being operated for the purpose of transporting bona fide pupils
attending an institution of learning between their homes and such institution is
excepted.
E. A vehicle being operated under what is commonly referred to as a "share-the
ride share" plan or arrangement, as where a person en route from his place of residence
to his place of business, or vice versa, transports another person living and working in
the same general vicinity upon payment of a sum estimated to cover the actual or
approximate cost of operation of the vehicle is excepted.
F. A vehicle rented or leased for self-operation by a person using such vehicle
under a plan commonly known as “U-Drive” unless it is used by such person to
transport other persons for compensation, is excepted.
G. Any ambulance or medical transport vehicle maintained, owned or operated
by any firm, corporation, copartnership or individual engaged in any business other
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than the ambulance business in this City, which ambulance or medical transport
vehicle is maintained, owned or operated exclusively or primarily for the use and
benefit of officers, servants or employees of such firm, corporation, co-partnership or
individual is excepted.
H. Any private ambulance which is lawfully transporting a patient from the
San Bernardino County General Hospital directly and nonstop to a point outside the
City is excepted.
IH. OneAny handicappeddisabled transportation van for the handicapped
operatedion pursuant to an agreement with the City subject to the terms, covenants and
conditions of such agreement and any applicable rules and regulations adopted by the
Mayor and City Council Bureau of Franchises provided, that such rules and
regulations may be modified or amended by the Mayor and CommonCity Council at
any time.
5.76.040 Permit - Petition for - Requirements - Filing Fees
A. Any person desiring a permit to operate vehicles coveredregulated by this Chapter
shall file a petition therefor with the BureauFinance Department. Such petition shall be
verified by oath of the applicant, if a natural person; or by oath of an officer or partner
of the applicant, if the applicant is a corporation, partnership, association or
unincorporated company, and which petition shall set forth the name, age, and address
of the petitioner, if a natural person, or if a corporation, its name, date and place of
incorporation, address of its principal place of business, and the names of all its
officers together with their respective residence addresses; or if a partnership,
association or unincorporated company, then the names of the partners or persons
comprising the partnership, association or company, together with their respective
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ages and residence addresses. The petition shall also state the trade name or style, if
any, under which the applicant proposes to operate; full information pertaining to the
extent, character and nature of the proposed operation; and the manner in which such
proposed operations are to be conducted; the type, model, capacity and condition of
the vehicles proposed to be operated; a full statement of the petitioner's assets and
liabilities; and such other or additional information as the Finance Department Bureau
may require.
B. The BureauFinance Department shall, upon receipt of such petition, make full and
complete inquiry into the facts set forth therein, hold a hearing thereon upon such
notice to interested persons as it shall prescribe, and shall either grant or deny a permit
upon the proposed terms, or upon terms other than those proposed. Such permit shall
be for a specified number of vehicles which shall only be increased by authority of the
BureauFinance Director. Such permit may, at the pleasure of the Bureau,City, be for a
prescribed period or for an indefinite period; provided, that in either event the permit
shall be subject to revocation, or suspension, as provided in this Chapter or other
ordinances of the City. When issued, such permit shall constitute evidence of
compliance with the terms of this Chapter, and shall authorize the permittee to operate
vehicles under the conditions therein specified; subject, however, to the requirements,
obligations and limitations imposed by other applicable laws, ordinances, and shall
become effective only upon payment of the fees required by the provisions of all
ordinances or resolutions applicable thereto.
C. At or before the time the petition is filed with the Finance DepartmentBureau, the
petitioner shall pay to the City Clerk Finance Department a filing fee of five hundred
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dollars, plus ten dollars for each vehicle proposed to be covered by the permit, or such
amount as may subsequently be set by Resolution of the Mayor and City Council.
5.76.050 Permit - Issuance - Hearings
No permit shall be granted to any carrier, as defined in Section 5.76.020, except after a
hearing thereon, conducted under and in accordance with such rules and regulations as may,
from time to time, be prescribed therefor by the BureauMayor and City Council and until the
BureauFinance Department shall have determined that the public convenience and necessity
require the operation proposed by the applicant for such permit. The BureauFinance
Department, in determining whether or not such facts exist, shall take into consideration the
public demand for such service, the adequacy or inadequacy of service being rendered by
other carriers, the effect of such service upon traffic, the financial responsibility of the
applicant, the amount of wages to be paid to employees, the character of equipment proposed
to be furnished, and any and all other facts which the BureauFinance Department may deem
relevant. Before granting any such permit, the BureauFinance Department shall require its
engineer or other authorized officer to present an oral or written report which shall include his
or her opinion as to the existence of public convenience and necessity for the operation
proposed by the applicant. However, the burden of establishing the existence of public
convenience and necessity shall always be borne by the applicant, and no permit shall be
issued unless there has been an affirmative showing of the existence of such public
convenience and necessity by such applicant. The foregoing provisions and requirements shall
also apply where an increase in service is requested.
5.76.060 Permit - Issuance - Increase in Service
A. If the BureauFinance Department finds that further service in the nature of that
proposed in the City is required by the public convenience and necessity, then each
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holder of a certificate to operate taxi and/or non-emergency medical transportation
vehicles in said class shall be notified as to the total increase in the number of such
vehicles for which the convenience and necessity is found. The BureauFinance
Department shall then determine, subject to approval, reversal or modification thereof
by the Mayor and Common Council City Manager, whether each such holder shall
have the right to increase the number of such vehicles in the same proportions that the
total increase bears to the number of such vehicles theretofore operated by the holder;
or whether an applicant shall be granted a permit to provide such service in accordance
with the procedures herein provided upon the condition that the applicant meets all the
requirements of this Chapter.
B. In making the above findings and determinations, the BureauFinance Department
shall be governed and limited by the following standards:
1. Not more than one taxicab, excluding dial-a-ride taxicabs, shall be permitted for
each two thousand five hundred residents of the City, or major portion thereof.
2. Not more than one dial-a-ride taxicab shall be permitted for each six
thousand residents of the City, or major portion thereof.
3. Not more than one ambulance shall be permitted for each twenty-five
thousand residents of the City, or major portion thereof.
4. Not more than one wheelchair passenger transportation vehicle shall be
permitted for each one hundred thousand residents of the City, or major portion
thereof; provided, that if the number of calls average over ten per day per
vehicle in any ninety-day period, then the BureauFinance Department may
authorize an additional vehicle.
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5. Not more than one chauffeured limousine shall be permitted for each
seventy-five thousand residents of the City, or major portion thereof.
62. Not more than one dialysis transportation vehicle shall be permitted for
each twenty-five thousand residents of the City, or major portion thereof.
C. The number of residents of the City shall be determined by the current population
estimate of the Director of Development ServicesCalifornia Department of Finance of
the City.
D. The above limitation of not more than one vehicle for the indicated number of
residents means one operating vehicle during each hour of any day.
5.76.070 Transfer of Certificates
A. No permit or certificate of public convenience and necessity shall be sold,
transferred, assigned, mortgaged or otherwise conveyed without the approval of the
Finance DepartmentBureau, and the sale, assignment, mortgaging, transfer or
otherwise conveying any such certificate without the approval of the BureauFinance
Department first had and obtained shall revoke the certificate. Any successor,
transferee or assignee shall comply with each requirement and condition of the permit
or certificate.
B. Any aggrieved and interested party may appeal to the Mayor and Common Council
City Manager from a decision of the BureauFinance Department made pursuant to this
section, by filing a written notice of appeal with the Finance Department within ten
(10) days of the challenged decision. The City Manager shall provide a hearing of
such appeal, with notice and opportunity to present evidence, witnesses, and
arguments. The formal rules of evidence shall not apply. The City Manager shall
issue a written decision explaining the basis of his or her decision on the appeal and a
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copy of the written decision shall be mailed to the appellant., and the appeal provisions
of Chapter 2.64 shall be applicable to such proceedings.
5.76.090 Dial-a-Ride Service
A. A person holding a taxicab permit under the provisions of this Chapter and having
an agreement with the City authorizing a dial-a-ride service may drive, operate or
cause to be driven or operated authorized vehicles on the public streets, subject to the
terms, covenants and conditions of said agreement, this chapter and any applicable
rules and regulations adopted by the Bureau of FranchisesThe Finance Department or
the Finance Director Bureau or its chairman shall issue a dial-a-ride permit upon
execution of the agreement.
B. The BureauCity may adopt rules and regulations governing the operation of such
service after giving notice and an opportunity to be heard to all persons, firms,
corporations and associations having operating permits or certificates issued under this
Chapter and other interested persons; provided, that such rules and regulations shall
not conflict with the provisions of the agreement and may be reversed or modified by
the Mayor and CommonCity Council at any time during the term of the agreement.
5.76.100 Only authorized service permitted
It is unlawful for any carrier granted a permit under this Chapter to conduct any
operation or give any service other than the service authorized by its permit granted
by
the BureauCity.
5.76.110 Revocation, suspension and cancellation of permits - Notice - Hearing
A. The Finance Department shall have the power to suspend or revoke any or all of the
carrier permits granted under the provisions of this Chapter when it has determined
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that any of the provisions hereof have been violated, or that any holder of such a
permit has failed to comply with the terms of such permit or the rules and regulations
of the City pertaining to the operation, character and quality of the service, of any such
vehicles. Before revocation of such permit, the carrier shall be entitled to a hearing
thereon before the Director of Finance and shall be notified thereof.
B. Notice of hearing on such proposed suspension or revocation shall be in writing and
shall be served at least five days prior to the date of the hearing thereon, such service
to be upon the holder of such permit, or its manager, or agent, and which notice shall
state the grounds of complaint against the holder of such permit and shall also state the
time when and the place where, such hearing will be held. In the event the holder of
such permit cannot be found, or service of such notice cannot be made upon it in the
manner herein provided, then a copy of such notice shall be mailed, postage fully
prepaid, addressed to such carrier at its last known address, at least five days prior to
the date of such hearing.
5.76.120 License - Fees - Reports on Charter Vehicle Hire
A. Each permit issued pursuant to this Chapter shall entitle the holder thereof to obtain
a license to engage in the business described in the permit upon payment of the fees
required by the City's license ordinance, provided the holder of such permit complies
with all other applicable provisions of law or City ordinances.
B. Prior to issuance of any such license, the applicant therefor shall obtain from the
City a certificate showing that a permit is in effect authorizing the proposed service by
the applicant, that issuance as required by ordinance is in effect and describing the
vehicles so authorized to be used. The applicant shall file the certificate so issued by
the Bureau with the license tax collector at the time the license is issued. The license
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tax collector shall retain such certificate so filed and shall indicate thereon the serial
number of the license issued pursuant thereto.
C. Any permittee holding a valid and effective permit for operation of a charter vehicle
shall be entitled, provided all other applicable laws and ordinances are complied with,
to obtain a license to engage in the business thereby permitted and shall, likewise, be
entitled to receive a certificate from the City that such permit, or permits are in effect.
Each such licensee shall, not later than the tenth day of each month, file with the
Department of Finance a verified report covering the operation of Charter vehicles by
such licensee for the previous calendar month. Such report shall show the date, the
place of origin, the ultimate destination, the name of the party employing the vehicle,
the type, make, and state license number of the vehicle, such other data as may be
required by the Finance Department upon forms provided by it. A copy of each report
shall be filed with the City license tax collector, and shall be accompanied by payment
of the amount due.
D. In the event any person required to file such monthly report fails to do so, or in the
event such reports are found not to be complete, the Finance Department may
immediately terminate the permits held by such person under this Chapter.
5.76.130 Display of Permits Plates
A. There shall be displayed upon each vehicle operated pursuant to the terms of this
Chapter a numbered permit plate, for the current year, to be issued by the City upon payment
of the required license fee. Such plates shall be of a material and of a form and design
prescribed by the BureauCity from time to time. Each such platepermit shall be securely
attached on the hood of any towing vehicle and on the rear of any other vehicle and shall be
plainly visible at all times.
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B. In the event of loss or destruction of any such permitplate, a renewal platepermit
shall be secured by payment to the Finance Department of a fee of two dollars for each such
platepermit, or such fee as shall be subsequently set by Resolution of the Mayor and City
Council, but no such renewal permitplate shall be issued except upon application to the
BureauFinance Department, and establishing by clear and satisfactory proof that the
platepermit being replaced has been lost or destroyed.
C. A current and complete description of each vehicle on which a permit plate is
attached or may be attached and displayed shall be filed on an approved form with the
Franchise BureauFinance Department.
5.76.140 Insurance - Ambulance and Medical Transportation Vehicles
No carrier which operates ambulances, non-emergency medical transportation
vehicles, wheelchair passenger transportation vehicles, disabled transportation van, or dialysis
transportation vehicles shall operate, or permit to be operated, any vehicle under the
provisions of this Chapter, unless and until such vehicle is covered by the insurance
requirements set forth below, and the policy of such insurance or a certificate thereof, in an
insurance company approved by the City, has been filed with the Finance Department. Such
policy or certificate shall set forth with particularity the make, number and other identifying
data of each vehicle covered by such policy, together with the expiration date of such policy,
and any other information required by the Department of Finance.
For ambulancesnon-emergency medical transportation vehicles, wheelchair
passenger transportation vehicles, disabled transportation vans, or dialysis transportation
vehicles, two million dollars combined single incident public liability and property damage
insurance is required.
5.76.160 Numbering of vehicles
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Each vehicle operated pursuant to the terms of this Chapter shall be numbered.
Such number shall be painted upon the body of the vehicle in numerals not less than
four inches nor more than six inches in height in a position, or positions, approved by the
bureauFinance Department. A City permit plate shall be attached to each vehicle.
5.76.170 Advertising
No advertising or advertising device shall be placed on or in any vehicle operated
under this Chapter without the approval of the Department of Finance.
5.76.200 Rates - Taxicab Service
The rates or fares to be charged the public for taxicab service shall not be more than
the maximum rates established by resolution of the Mayor and City Council.
5.76.210 Medical Transportation Rates
The rates which shall be charged the public by non-emergency medical transportation
carriers shall be such as are prescribed in the carrier’s permit, and shall not exceed the
maximum rates sets forth in the schedule for such charges fixed by resolution adopted by the
Mayor and City Council. All rate changes subsequently adopted shall be adopted only after a
duly noticed public hearing is held relating thereto.
5.76.210 Rates - Dial-a-Ride Taxicab
The rates or fares to be charged the public by dial-a-ride taxicab shall be established
by the Mayor and City Council.
5.76.220 Rates - Minimum and Maximum for Limousine and Chartered Vehicle Service
A. The rates or fares to be charged the public for chauffeured limousine and charted
vehicle service shall be in accordance with the carrier’s permit and as prescribed by the Mayor
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and City Council, and shall be not less than the minimum nor more than the maximum rates
which are fixed in this section.
B. The minimum rate shall be five dollars per hour or forty cents per mile, whichever
is the greater, and hourly rate shall be computed in fractions of one-half hour. The minimum
charge for chauffeured limousine service shall be the rate for the one-half hour.
C. The maximum rate shall be seven dollars per hour or sixty cents per mile,
whichever is the greater, and the hourly rate shall be computed in fraction of one-half hour.
D. The foregoing rates shall apply to time or mileage whichever is the greater, upon
departure from the carrier's principal place of business in the City and until return thereto.
5.76.230 Rates - Established
No rate or fare shall be placed in effect, charged, demanded or collected by any carrier
for the transportation of passengers by vehicles, or by any ambulance carrier for its services as
coveredregulated by this Chapter until the Mayor and City Council, after a hearing upon its
own motion, or upon application, or complaint, has found and determined the rate to be just,
reasonable and nondiscriminatory, nor in any way, in violation of any provisions herein
contained or any provisions of law.; nor until the rate or fare has been established and
authorized by the [same] with the approval of the Mayor and City Council. In establishing and
authorizing such rates or fees, the City shall take into account, and give due and reasonable
consideration to the cost of all comparable transportation services performed by all persons,
firms or corporations engaged in such transportation services for compensation in the City,
whether by virtue of any franchise granted by the City Council Finance Department or
otherwise, including length of haul, any additional transportation service performed, or of any
accessory service, and to value of the facilities reasonably necessary to perform such
transportation service.
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5.76.240 Change in Rates
The Finance Department shall have power, upon a hearing upon its own motion, or
upon application, or complaint, to investigate a single rate or fare, or the entire schedule of
fares in effect, charged, demanded or collected for the transportation services by vehicles
covered by this Chapter, and with the approval of the Mayor and City Council, establish a
new rate, fare or schedule of fares in lieu thereof.
5.76.250 Discrimination of Rates Prohibited
It is unlawful for any carrier, or any agent or employee thereof, or any driver or
operator of any vehicle regulatedcovered by this Chapter, to charge, collect, demand, receive,
arrange, solicit, or bargain for any amount of compensation in excess of, or less than, the rates
or fares established and authorized by the City.
5.76.260 Rates to be Displayed
Every vehicle used or operated under this Chapter shall, at all times, have displayed
therein, in a location and manner approved by the Finance Department, the rates to be charged
for such service, and which rates shall always be visible.
5.76.280 Drivers
A. Vehicles covered by this Chapter shall be operated only by the carrier, if a person,
or by a person employed by the carrier, or by a person authorized by lease, contract or other
arrangement, with a carrier to operate a vehicle under such carrier's permit; each such
authorized person shall be subject to and comply with all the applicable provisions of this
Chapter, and no carrier shall impose upon such person any contractual terms or conditions
inconsistent with those set forth in this Chapter. If the applicant is not an employee, the
proposed arrangement, contract or lease under which such authority is to be exercised shall be
submitted in writing to the Finance Department. The Finance Director shall, after he or she
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has conducted or caused to be conducted such review and investigation as he or she deems
necessary, approve or reject the proposed arrangement, contract or lease and shall
communicate his or her decision to the applicant within ten days after the proposed
arrangement, contract, or lease has been submitted. If the Finance Director fails to
communicate an adverse decision to the applicant within ten days after the proposed
arrangement, contract, or lease has been submitted, it shall be deemed rejected. If the Finance
Director rejects the proposed arrangement, contract, or lease, the applicant may request in
writing a hearing before the City Manager. The request for a hearing shall be submitted to the
City ClerkFinance Department within five days after the decision of the Finance Director has
been communicated to the applicant. The Finance Department shall promptly notify the
applicant of the time and place of the hearing which shall not be more than thirty days after
the request for hearing has been submitted. The hearing shall be conducted informally
pursuant to the provisions of section 5.76.070(B) hereofrules of . The decision of the City
Manager shall be final. No arrangement, contract or lease shall be approved if any of the
terms thereof are not in conformity with the provisions of this Chapter.
B. Such approval may be withdrawn by the City Manager by the mailing of a ten-day
notice of intention to the carrier and the driver, subject to the right to request a hearing under
the same procedures and standards for the original approval. This provision permitting the
withdrawal of approval shall he deemed to be a part of each such arrangement, contract or
lease when so approved and neither the carrier nor the driver shall have any legal recourse or
right of action arising out of such withdrawal of approval.
C. A person authorized to operate under carrier's permit by arrangement, contract or
lease shall be deemed to be an independent contractor and shall obtain a City business license.
5.76.290 Investigation of Drivers
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A. The Chief of Police shall conduct an investigation concerning the background,
conduct, behavior, and character of any applicant to drive a vehicle under a carrier's permit or
of any driver while operating a vehicle under a carrier's permit in order to present facts or
information to aid the secretaryFinance Director in determining whether the prospective or
continued operation of a vehicle by a driver would be detrimental to the health, safety, peace,
general welfare, good morals or convenience of the public.
B. The investigation report shall be forwarded to the Finance Director, who may
utilize the report to determine whether to approve or reject an arrangement, contract or lease
relating to an applicant or whether such approval should be withdrawn pursuant to Section
5.76.280.
5.76.310 Identity Lights
Every taxicab shall be equipped with an identity light attached to the top of such
taxicab. The identity light shall be constructed in one unit consisting of an illuminated plate or
cylinder upon which is printed the words "For Hire," or as approved by the Finance
Department. The overall dimensions of such identity light shall not exceed six inches in height
by twenty inches in length. The lights of the identity light unit shall be operated automatically
or manually to illuminate the identity light when the taximeter is not in operation, indicating
the cab is vacant and for hire, and to extinguish the identity light when the taximeter is in
operation. It is unlawful to drive or operate any taxicab with such identity light illuminated
while carrying passengers for compensation, and it is unlawful to drive, operate or be in
charge of, any taxicab unless such identity light is illuminated when such taxicab is for hire.
None of the foregoing provisions requiring the identity light to be illuminated shall apply
during daylight hours.
5.76.320 Route - Passenger Limit in Taxicabs
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A. Every driver of a taxicab who is engaged to carry passengers shall take the most
direct route possible that will carry the passengers safely and expeditiously to their
destinations unless otherwise directed by the hirer.
B. When a taxicab is engaged, the person or persons engaging such taxicab shall have
the exclusive right to the full and complete use of the passenger compartment, and it is
unlawful for the carrier, or driver of the taxicab to solicit, or carry additional passengers
therein except with the express consent of each of said persons; provided, however, that where
the Bureau Finance Department finds that public necessity requires the grouping of
passengers in such taxicabs, the BureauFinance Department may issue a special written
permit, which permits shall specifically set forth the rules and regulations under which such
passenger grouping is permitted. It is unlawful for any driver or carrier to operate, or permit to
be operated, any taxicab in violation of any of the rules and regulations set forth in such
special permits.
C. The number of adult passengers which may be carried in any vehicle covered by
this Chapter shall be limited to the seating capacity of such vehicle as specified by the
manufacturer. The number of passengers consisting of children attending schools below the
level of junior high schools, which may be carried in any vehicle covered by this Chapter shall
be limited to the adult seating capacity of such vehicle, as specified by the manufacturer, plus
one. No person shall be carried in such vehicle who is required to share in any way the seating
space occupied by another, nor shall any person be carried who is not provided a seat.
D. The provisions of subsections A and B of this section shall not apply to dial-a-ride
taxicab.
5.76.330 Equipment - Inspection
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All vehicles operated by any carrier as defined in Section 5.76.020 shall, before being
placed in service, be approved by the Finance Department.engineer of the Bureau All such
vehicles shall be of a design and type of construction as shall comply with orders and
regulations pertaining to such equipment adopted from time to time by the BureauFinance
Department. Such vehicles shall at all times be kept in a clean and sanitary condition and in a
good state of repair, and shall be subject to inspection at all times by the BureauFinance
Department, or its representative. Any vehicle which becomes unsafe, unclean, or
unserviceable, or mechanically defective mayshall be retired from service upon order of the
BureauFinance Department, and no vehicle which has been so retired shall be again operated
in such service except with approval of the BureauFinance Department.
5.76.340 Taximeter required - Inspection - Operation
A. It is unlawful for any carrier to operate, or cause to be operated, any taxicab in the
City unless and until such taxicab is equipped with a taximeter of a type and design approved
by the BureauFinance Department, and it shall be the duty of the carrier operating such
taxicab, and also the driver thereof, to keep such meter operating at all times within such
standard of accuracy as may be prescribed by the BureauFinance Department. No passenger
shall be carried in any such cab unless the taximeter is in operation. This provision shall apply
regardless of whether the taxicab is engaged for a trip entirely within the boundaries of the
City or partially outside thereof, and such meter shall be kept operating continuously during
the entire time that it is engaged in the transportation of passengers for compensation;
provided, that when the point of destination is outside the boundaries of the City from a point
within the boundaries, the rate charged for the trip outside of the boundaries may be a flat rate
in accordance with a schedule approved by the Mayor and City CouncilBureau of Franchises .
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B. The taximeter shall be placed in each taxicab so that the reading dial showing the
amount to be charged shall be well lighted and readily discernible to a passenger riding in any
such taxicab.
C. Every taximeter used in the operation of taxicabs shall be subject to inspection at
any time by the BureauFinance Department or any of its representatives. Upon discovery or
notice from the BureauFinance Department of any inaccuracy of such taximeter, the operator
thereof shall remove, or cause to be removed, from service any vehicle equipped with the
taximeter until such taximeter has been repaired and accurately adjusted or replaced with one
approved by the BureauFinance Department.
D. The carrier shall cause each taximeter to be inspected and tested for accuracy at
least once every six months. Upon the completion of such inspection and of any adjustments
necessary to cause such taximeter to operate within the standards of accuracy approved by the
San Bernardino County Department of Agriculture/Weights and MeasuresBureau, the carrier
shall cause to be placed upon such meter a gummed label having printed thereon the
following: "This taximeter was inspected and tested on (date) and found to comply with the
standard of accuracy prescribed by the San Bernardino County Department of
Agriculture/Weights and Measures Bureau of FranchisesFinance Department of the City of
San Bernardino." The date on which such inspection was made shall be stamped in the blank
space provided for that purpose. No such label shall be removed except at the time a
subsequent inspection is made. The standard of accuracy prescribed by the BureauFinance
Department for each taximeter shall be the same standard established by the San Bernardino
County Department of Agriculture/Bureau of Weights and Measures or local county sealers.
E. It is unlawful for any driver of any taxicab, while carrying passengers, to display
the flag attached to the taximeter in such a position as to denote that such vehicle is not
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employed, or to fail to throw the flag of the taximeter to a position indicating the vehicle is
unemployed at the termination of each and every service.
F. All charges for taxicab service shall be calculated and indicated by a taximeter and
at all times while the taxicab is engaged, the flag of the taximeter shall be thrown into a
position to register charges for mileage, or into a position to register charges for waiting time.
No taximeter shall be used whose mechanism will register a combined charge for mileage and
waiting time in any single position, and no taximeter shall be so operated as to cause any
charge to be registered thereon except during the time while the taxicab is engaged by a
passenger, or passengers.
G. The provisions of this section shall not apply to a dial-a-ride taxicab.
5.76.370 Trip sheets - Driver's ReportsTransaction Records
The holder of a franchisedriver of every vehicle covered by this Chapter shall keep a
complete and accurate record of each trip upon a daily trip sheet, the form of which shall be
approved by the BureauFinance Department, showing the time and place of origin and
destination of the trip, the number of passengers carried, the make, model, year and serial and
license number of all cars towed, the mileage and the amount of fare or charge collected. This
record shall be filed weekly by the driver with the BureauFinance Department.
5.76.380 Inspection of Records
The Bureau of Franchises Finance Department shall have the right to inspect any and
all books and records of any carrier at any and all reasonable times, and any carrier under this
Chapter shall keep adequate and complete books and records providing such detail as shall be
required by the Bureau of FranchisesFinance Department, and failure to keep and maintain
such books and records shall be grounds for suspension of any license or permit issued under
this Chapter.
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5.76.390 Taxi stands - Application for - Standing Restricted
It is unlawful for any carrier, or driver of any vehicle operated pursuant to the terms of
this Chapter, to stand, or permit to stand, any such vehicle while awaiting employment in
front of any residential property, except when answering a call for service at such residential
property, or to stand, or permit to stand, such vehicle at any other place designated by the
BureauFinance Department.
5.76.400 Taxi stands - Issuance of Permits
Permits may be issued by the BureauFinance Department to carriers operating
pursuant to the terms of this Chapter allowing the vehicles of such carriers, while awaiting
employment, to stand at certain designated places upon the streets of the City; provided,
however, that no such permit shall be granted except upon the written application of the
carrier desiring such stand, filed with the BureauFinance Department, stating the proposed
location of such stand. Any application for a taxi stand may be acted upon by the
BureauFinance Department at any of its regular meetings without notice providing such
application is accompanied by the written consent of the occupant of the first floor of any
building of that property in front of which it is desired to establish such vehicle stand, or if
any such building is a hotel, the written consent of the manager of the hotel, or if there is no
building on the premises in front of which it is desired that such vehicle shall stand, or if there
is a building and the first floor is not occupied, then the written consent of the owner, agent, or
lessee of such building or premises. In the event that the occupant, manager, owner, agent, or
lessee hereinabove mentioned refuses, fails or neglects to grant consent to the establishing of a
taxi stand at the location proposed, the BureauFinance Department shall set a time of hearing
on such application, which shall be not less than ten days nor more than thirty days from the
time of filing such application, and each and every person qualified under these provisions to
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make or offer a formal objection to establishing such taxi stand at the location proposed shall
be notified in writing not less than five days prior to said hearing, at which time he shall be
given an opportunity to be heard. Notwithstanding the failure or refusal of the occupant,
manager, owner, agent, or lessee as herein above mentioned to grant consent to the
establishing of a taxi stand in front of the building or premises as proposed, or any formal
objection offered thereto, the BureauFinance Director, with input from the City’s designated
traffic engineer, and with the approval of the Mayor and Common CouncilCity Manager, shall
have the right to grant or deny any application for a taxi stand.
5.76.410 Taxi stands - Permits Subject to Revocation
All permits for taxi stands so issued shall contain a provision to the effect that they are
and they shall be subject to revocation by the BureauFinance Department with the approval of
the Mayor and City CouncilCity Manager at any time.
5.76.430 Taxi stands - Application Fee - Exemption
All applications for taxi stands, or for relocations thereof, shall be accompanied by a
fee of ten dollars for each stand to be established or relocated, or such fee as may be
subsequently set by Resolution of the Mayor and City Council.; except that there is exempted
from this provision taxi stands in existence at the time the ordinance codified in this Chapter
is adopted, and during the time they remain in possession of the holder thereof at the time the
ordinance codified in this Chapter is adopted. Applications for relocation shall be processed in
like manner as an original permit. In addition to the filing fee of ten dollars, or such fee as
may b e subsequently set by Resolution of the Mayor and City Council, each application shall
contain an agreement on the part of the applicant to reimburse the City for all expenses
incurred in locating or relocating a taxi stand, such reimbursement to be made promptly upon
being billed by the City. The Bureau shall give written notice to the Finance Department of all
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applications for taxi stands or for relocations thereof which have been approved by the
Bureau.
5.76.440 Taxi Stand Maintenance Fee
In addition to all other fees established by this Chapter, there shall become due and
payable on November 1st and shall become delinquent on the following January 1st of each
year a taxi stand maintenance fee of fifteen dollars per year, or such fee as may be
subsequently set by Resolution of the Mayor and City Council, for each taxi stand assigned to
such carrier in return for which the City shall cause each such taxi stand to be maintained by
having them painted twice each year. The Bureau shall forward to the City Clerk prior to
November 1st of each year a list of the locations of all taxi stands and the names of the
permittees thereof in the City.
5.76.500 Medical Transportation Rates
The rates which shall be charged the public by medical transportation carriers shall be
such as are prescribed in the carrier’s permit, and shall not exceed the maximum rates sets
forth in the schedule for such charges fixed by resolution adopted by the Mayor and
CommonCity Council. All rate changes subsequently adopted shall be adopted only after a
duly noticed public hearing is held relating thereto.
5.76.580 Enforcement
Upon the granting of any permit to any carrier as provided by this Chapter, a copy of
such permit shall be transmitted by the BureauFinance Department to the Chief of Police, who
is charged with the duty of enforcement of all provisions of this and other ordinances
pertaining to the operation of vehicles for hire.
SECTION 3. Except as modified herein, the remaining provisions of Chapter 5.76 of
the San Bernardino Municipal Code shall continue in full force and effect.
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SECTION 4. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 6. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REPEALING CHAPTER 2.43 OF THE SAN
BERNARDINO MUNICIPAL CODE AND AMENDING CHAPTER 5.76 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATED TO BUREAU OF FRANCHISES
AND TAXICABS
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _______________________ meeting
thereof, held on the _____ day of ______________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of __________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:____________________
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ORDINANCE NO. MC-1481
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 8.90 (MOBILE HOME RENTS) DISSOLVING THE MOBILE
HOME RENT BOARD AND DELEGATING RESPONSIBILITY FOR THE REVIEW
OF MOBILE HOME PARK RENT INCREASE REQUESTS TO AN INDEPENDENT
HEARING OFFICER
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, the City Council in implementing the new Charter provisions has
evaluated the community’s need for various committees and commissions and desires to
eliminate some bodies (Charter Section 600) and consolidate others to increase efficiency and
preserve scarce resources; and
WHEREAS, the City Council has determined that the implementation of the Mobile
Home Rents Chapter (Chapter 8.90), would be more streamlined and responsive if it were to
be effectuated through an administrative process instead of a Board; and
WHEREAS, City Council desires to amend Chapter 8.90 to effectuate an
administrative process and otherwise make the Chapter consistent with the new Charter.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.90 of the San Bernardino Municipal Code is hereby
amended to read in its entirety as follows:
8.90.010 Title
This Chapter may be cited as the Mobile Home Park Rent Stabilization
Ordinance of the City of San Bernardino, California.
8.90.020 Statement of purpose
A. Mobile home owners have a substantial investment in their residences and
appurtenances for which space is rented or leased. Alternate sites for relocation
of mobile homes are difficult to find due to the shortage of vacant spaces, the
restrictions of age, size, or style of mobile homes permitted in many parks, and
related to the installation of mobile homes, including permits, landscaping and
site preparation. Additionally, the cost of moving a mobile home is substantial,
and the risk of damage in moving is significant.
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The result of these conditions is the creation of a captive market of mobile home
owners and tenants. This immobility, in turn, contributes to the creation of a
great imbalance in the bargaining relationship between park owners and mobile
home park tenants in favor of the park owners.
B. Because mobile homes are often occupied by senior citizens, persons on fixed
income and persons of low or moderate income, exorbitant rent adjustments fall
upon these individuals with particular harshness. The continuing possibility of
unreasonable space rental adjustments in mobile home parks threatens to
diminish the value of the investment of the mobile home owners. Further,
existing state law permits mobile home park owners to require mobile home
owners to make modifications to their homes for reasons of aesthetics or
conformity to park standards that amount to capital improvements which would
accrue to the benefit of the park owner by potentially increasing the market value
of the park itself.
C. This Council finds and declares it necessary to facilitate and encourage fair
bargaining between mobile home owners and park owners in order to achieve
mutually satisfactory agreements regarding space rental rates in mobile home
parks. Absent such agreements, this Council further finds and declares it
necessary to protect the owners and residents of mobile homes from
unreasonable space rental adjustments while simultaneously recognizing and
providing for the need of park owners to receive a just and reasonable return on
their property.
D. Administration of this Chapter shall be under the general direction of the San
Bernardino Mobil Home Board.
8.90.030 Application
The provisions of this Chapter shall apply to all mobile home residential rental
spaces located within the City of San Bernardino except if otherwise exempt from the
provisions of this Title, as such exemptions are provided for hereinafter. Nothing in
this Chapter shall be deemed to supersede any provision of California Civil Code
Section 798.15, et seq.
8.90.040 Definitions
In construing the provisions of this Chapter, the following definitions shall apply:
A. “City Manager” means the City Manager or his or her designee.
A.B. "Consumer Price Index" or "C.P.I." means the Index known as the "Consumer
Price Index for all Urban Wage Consumers: for the Los Angeles - Long Beach –
Anaheim Area," (base year, 1967), and if published for the San Bernardino –
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Riverside -Ontario Area for the year 1984, and thereafter. These documents are
published by the United States Department of Labor Bureau of Labor Statistics.
C. “Hearing Officer” is an individual appointed by the Mayor and City Council to
hear matters on which testimony may be taken.
B.D. "Landlord" means any owner, lessor, operator or manager of a mobile home
park.
E. "Mobile Home" means a structure designed for human habitation and for being
moved on a street or highway under permit pursuant to Section 35790 of the
Vehicle Code. Except as provided in Civil Code Section 799.48, mMobile home
does not include "recreational vehicle" as defined in Section 799. 2429 of the
Civil Code or a "commercial coach modular " as defined in Section 18218 of the
Health and Safety Code.
F. "Mobile Home Owner" or "Resident" means any person entitled to occupy a
mobile home dwelling space pursuant to ownership thereof or a rental or lease
agreement with the owner thereof.
G. "Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator,
manager or designated agent thereof of a mobile home park; sometimes referred
to as "owner."
H. "Mobile Home Space" or "Space" means the site within a mobile home park
intended, designed, or used for the location or accommodation of a mobile home
and any accessory structures or appurtenances attached thereto or used in
conjunction therewith.
I. "Rent" means the consideration, including any bonus, benefit or gratuity,
demanded or received by a landlord for the use and occupancy, including
services and amenities, of a residential rental space.
J. "Rent Adjustments" means any rent increase or decrease demanded of or paid by
a tenant, including any reduction in housing services without a corresponding
reduction in the monies demanded or paid for rent.
K. "Rental Agreement" means an agreement between a mobile home park owner
and tenant establishing the terms and conditions of a tenancy in a mobile home
park. A lease is a rental agreement.
L. "Residential rental space" means any mobile home space occupied by any person
other than the owner of the park for payment of rent pursuant to an oral or
written lease, or other form of rental agreement.
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M. "Space Rent" means the consideration, including any bonuses, benefits, or
gratuities demanded or received for and in connection with the use or occupancy
of a mobile home space within a mobile home park, or for housing services
provided and security deposits, but exclusive of any amounts paid for the use of
the mobile home as a dwelling unit. The use or occupancy of a mobile home
space shall include the exercise of all rights and privileges and the use of
facilities, services and amenities accruing to the residents thereof.
"Space Rent" shall not include any separately billed utility fees and charges for
natural gas or liquid propane gas, electricity, water, cable television, garbage or
refuse service and sewer service.
N. "Tenancy" means the right of a tenant to the use of a mobile home site within a
mobile home park on which to locate, maintain, and occupy a mobile home, site
improvements and accessory structures; for human habitation, including the use
of the services and facilities of the mobile home park.
0. "Tenant" means any person entitled to or proposing to occupy such mobile home
space pursuant to an oral or written lease with the owner thereof, or pursuant to
some other rental agreement with the owner, lessor, operator or manager thereof.
P. "Vacancy" means the condition deemed to have occurred upon the removal of
any mobile home from a mobile home park.
8.90.050 Exemptions from coverage
The provisions of this Ordinance shall not apply to the following:
A. New Space or First Time Space Exemption - Space rent or space rent
adjustments for new mobile home spaces first rented after the effective date of
this Chapter shall be exempt from the provisions of the Chapter to the extent that
those rents would have been controlled had the spaces been previously occupied.
There shall be no prospective exemption in such circumstances, however, as to
rents that may be adjusted annually under this Chapter after a space is first
rented. In such cases, the base date for purposes of determining permissible
future rent adjustments shall be the date of first rental or conveyance.
B. Vacancies
1. If the mobile home space is voluntarily vacated by the tenant, or vacated
pursuant to California Civil Code Section 798.56, the landlord may adjust the
rental rate to any amount as provided in Subsection A of this Section 8.90.050.
2. If the mobile home is sold and is to remain on site, the landlord may increase the
rental rate for the new resident by an amount not to exceed ten percent (10%) of
the then existing rent. Any rent increase pursuant to this Subsection B2 shall be
implemented at the time the new resident first occupies the space and/or first
enters into a rental agreement with the landlord.
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3. The implementation of any rent increase allowed under this Subsection B shall
not change the anniversary date for the annual permissive inflationary adjustment
to rent allowed under Section 8.90.100(A) of this Chapter.
4. A vacancy is voluntary if the tenant voluntarily and without coercion by the
landlord vacates the rental space or, if the tenant dies and there is no surviving
cohabitant.
5. Where the rent is increased pursuant to this Subsection B, the landlord shall, at
the time the rent increase is implemented, provide the new tenant with written
notice of the previous base rent for the space, the new base rent for the space in
both dollar and percentage terms, and the anniversary date for the space for
purposes of the annual permissive inflationary adjustment to rent allowed under
Section 8.90.100(A) of this Chapter.
6. The rent increases allowed under this Subsection B shall be in addition to any
other rent increases authorized by this Chapter, including but not limited to the
annual permissive inflationary adjustment to rent allowed under Section
8.90.100(A) of this Chapter.
7. Notwithstanding anything herein to the contrary, nothing in this Chapter shall
preclude any landlord from implementing any rent increases that are exempt
under the provisions of the California Mobile Home Residency Law, including
any rent increases that are exempt under Civil Code Sections 798.17, 798.41
and/or 798.49.
8.90.060 Registration
Within sixty (60) calendar days after the effective date of this Chapter, mobile
home park owners are required to register all mobile home parks and mobile home
rental spaces within such parks with the Board City Manager.
The initial registration shall include: the name(s), business address(es), business
telephone number(s) of each person or legal entity possessing an ownership interest in
the park and the nature of such interest; the number of mobile home rental spaces
within the park; a rent schedule reflecting space rents within the park on the effective
date of this Chapter; a listing of all other charges, including utilities not included in
space rent, paid by mobile home residents within the park and the approximate amount
of each such charge; and the name and address to which all required notices and
correspondence may be sent.
The BoardCity Manager is hereby empowered to establish procedures for
requiring such re-registration as it he/she deems necessary.
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No park owner shall be eligible to receive any rent ceiling adjustment as
provided for under the provisions of this Chapter unless such current registration as
may then be required for the mobile home park is on file with the Board City Manager
at the time the petition for the rent ceiling adjustment is filed.
The registration and re-registration requirement provided for in this section, or
which may be hereafter established by the Board City Manager, shall apply to all
mobile home parks including those exempt from the space rent ceiling limitation by
reason of the existence of a valid space rent agreement.
8.90.080 Space rent ceiling or maximum allowable space rent
Beginning the first month which commences following the day after the effective
date of this Chapter when originally adopted on March 24th, 1993, no mobile home
park owner shall charge space rent for any mobile home space in an amount greater
than the space rent in effect on December 31, 1988. The space rent in effect on that
date shall be known as the “space rent ceiling.”
If there was no space rent in effect on December 31, 1988, the space rent ceiling
shall be the space rent that was charged on the first date that space rent was charged
after December 31, 1988.
If a mobile home park is exempted from the application of this Chapter by reason
of the existence of a space rent agreement and this agreement expires, the space rent
ceiling for that park shall be the space rent in effect on the date the agreement expires.
8.90.090 Space rent ceiling adjustment - initial adjustment
A. No adjustment in space rent ceilings shall be permitted except as provided for
herein.
B. Permissive Adjustment - A park owner shall be entitled to an initial permissive
adjustment gross space rental income equal to eighty percent (80%) of the
percentage increase in the Consumer Price Index (CPI) from the end of the base
year (1988) to the date of application for the adjustment. The percentage
adjustment in the CPI shall be calculated by subtracting the CPI reported for
December, 1989, from the most recently reported monthly CPI preceding the
application and then dividing this remainder by the December, 1989 CPI.
8.90.100 Space rent ceiling adjustment - annual adjustments
Commencing in calendar year 1990, park owners shall be entitled to the
following annual adjustments.
A. Permissive Adjustment - A park owner shall be entitled to an annual permissive
adjustment of gross space rental income equal to eighty percent (80%) of the
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percentage adjustment in the CPI from the date of the most recent initial or
annual adjustment to the date of application for the proposed adjustment.
B. Net Operating Income Adjustment
1. In the event a park owner believes he or she does not receive a just and
reasonable return on park property after receiving the maximum permissive
adjustment provided for above, said park owner may upon payment of a
filing fee established by resolution of the Mayor and Common Council City
Council, file an application with the BoardCity Manager for an adjustment
of the space rent ceiling, providing adequate justification for the proposed
increase.
2. If the BoardCity Manager shall designate a form for the filing of such
petition, such petition shall be filed upon such form. If no such form shall
be designated, such petition shall be in writing verified by the applicant,
and shall contain the names, address and telephone number of the
applicant, the name and address of the tenant of each rental space which
would be affected if the petition were granted, a statement of the facts
giving rise to the petition for an Net Operating Income (NOI) NOI
adjustment in sufficient detail that if established, such facts would
demonstrate the existence of a decrease in the NOI warranting such NOI
adjustment. Within thirty (30) working days after the petition has been
submitted to the Board City Manager for filing, petitioner shall be given
notice of the time and place of the hearing, which notice together with a
copy of the petition shall be served upon or mailed to each tenant of a
rental space which would be affected by the NOI adjustment if granted.
When a declaration of service has been submitted to the Board City
Manager, the petition for an NOI adjustment shall be deemed filed.
3. A park owner shall be entitled to an adjustment of the space rent ceiling so
as to enable the park owner's Net Operating Income (NOI) for the
subsequent year to be increased by a rate which, when added to the
maximum permissible adjustment provided for above will give the park
owner a just and reasonable return on park property.
C. Special Assessment Based on Capital Improvements.
1. An application for a special assessment based on the cost of a completed
capital improvement may be filed with the Board City Manager pursuant to
this subsection. For the purposes of this subsection "Capital Improvement"
is defined as the installation of new improvements and facilities and/or the
replacement or reconstruction of existing improvements and facilities
which consist of more than ordinary maintenance or repairs, with a useful
life of at least five (5) years, and have been agreed upon between the park
owner, the resident committee, if any, and approved by more than 50
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percent of the owners of all mobile-homes located within the park in an
election called to consider the matter with each space casting one vote.
2. A special assessment may be granted at the discretion of the Board
Hearing Officer considering all circumstances without approval of the
homeowners if the capital improvement is necessary to protect the health
and safety of the residents of the park, or to comply with governmental
laws or regulations.
3. Capital Improvement Assessments shall be amortized over the useful life of
the improvement as set forth in Internal Revenue Service "class life" tables
then in effect, unless the Board Hearing Officer in its his/her discretion
determines that the use of such tables is unreasonable under the
circumstances.
4. In addition to the cost of the improvements(s) the Assessment shall include
interest at two percent over the prime rate at Bank of America in effect at
the time the assessment is approved calculated annually on the unamortized
cost of improvement.
5. Capital Improvement Assessments shall be apportioned equally among all
spaces in the mobile-home park and shall be payable monthly, and shall be
set forth by the park owner as a separate item from the space rent. The
Assessment shall remain in effect until the cost of the improvement, plus
interest as set forth herein, has been fully recovered.
D. No annual adjustment shall become effective if the previous annual adjustment
became effective within the previous twelve (12) months unless approved by the
Board Hearing Officer pursuant to Section 8.90.100 B.
8.90.105 Required Certification on Rental Adjustment Notice
The Board Hearing Officer shall have the right to deny any rent adjustments
under this Chapter if the owner:
A. Has failed to comply with any provisions of this Chapter and/or regulations
issued thereunder by the boardCity Manager or the Mayor and CommonCity
Council or any other federal, state or City law, ordinance or regulation
concerning mobile home parks.
B. Has failed to comply substantially with any applicable state or local housing,
health or safety law.
8.90.110 Mobile Home Rent Board establishment and powers Powers and Duties
of the City Manager
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A. Establishment - The Mobile Home Rent Board of the City of San Bernardino is
hereby established.
B. Composition - The Board shall consist of five (5) regular members and two (2)
alternate members. One regular member shall be a space tenant who resides in
the City of San Bernardino; one member shall be a mobile home park owner,
operator, manager or designated agent of a mobile home park located in the City
of San Bernardino. The two alternate members shall be a space tenant from a
different mobile home park other than the regular space tenant member and an
owner, operator, manager or designated agent from a different mobile home park
than the regular owner member. The remaining three (3) members shall be
residents of the City of San Bernardino who are not elected officials, or
employees, relatives of elected officials of the City of San Bernardino, and who
are neither tenants, owners, operators, managers or designated agents of mobile
home parks and who have no conflicts of interests due to relationship with same.
Candidates for membership of the Board shall submit a verified statement listing
all interests in any real property or mobile home as defined in Section 798.3 of
the California Civil Code, including ownership, individually, jointly, legal or
equitable, and all sales of such property, or instruments secured by such
property, within thirty (30) days of seeking appointment to the Board.
C. Nomination and Appointment - The regular space tenant member and his or her
respective alternate members shall be selected by the Mayor and Common
Council from a list of nominations, if any, for the Board submitted by mobile
home residents. The regular mobile home park owner member and his or her
respective alternate member shall be selected by the Mayor and Common
Council from a list of nominations, if any, supplied by the general association on
behalf of the various mobile home park owners associations. The Mayor and
Common Council shall nominate and appoint the three remaining regular Board
members. All members of the Board shall be selected in accordance with
applicable City procedures.
D. Term - Each regular member of the Board shall serve for a term of two years
except as otherwise provided herein. For the first Board, the one (1) space tenant
member and the one (1) owner member and three (3) at-large resident members
shall be appointed for three (3)-year terms. Thereafter, the successors shall be
appointed for terms of two (2) years. Each regular member shall hold office until
a new member has been duly appointed. Each alternate member of the Board
shall serve for a term of two (2) years except as provided herein. Each alternate
member shall hold office until a new alternate member has been duly appointed.
If a vacancy occurs or an office becomes vacant other than by expiration of a
term, it shall be filled by appointment as previously prescribed herein for the
unexpired portion of such member's term. Notwithstanding the above provisions
of this paragraph, a member may be removed, at any time, with cause, by a
majority vote of the Mayor and Common Council. Further notwithstanding the
above provisions of this paragraph, any member who is absent without sufficient
cause from three (3) consecutive meetings of the Board which such member was
required to attend shall be deemed to have vacated his office.
E. Meetings - To fulfill its function, the Board shall meet as often as it deems
necessary, but at least one regularly scheduled public meeting shall be held every
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ninety (90) days; or, except as otherwise set forth herein, within thirty (30) days
of any request for hearing or arbitration held hereunder whichever is earlier. All
members of the Board, whether regular, or alternates, shall be required to attend
all Board meetings and hearings unless such member has been disqualified from
participation. All meetings of the board shall be conducted in accordance with
the provisions of the Ralph M. Brown Act (Government Code 54950 et seq)
F. Voting - The affirmative vote of three (3) members of the Board is required for a
decision, including all motions, regulations, and orders of the Board. Alternate
members may also participate in the Board proceedings but shall have voting
privileges only when acting in the stead of an absent regular member.
G. Quorum - Three (3) Board members shall constitute a quorum.
H. Powers and Duties of Board - The Board shall undertake and have the following
duties, responsibilities, and functions, together with all powers reasonably
incidental thereto:
1. Adoption of Rules and Regulations. Subject to the approval of the Mayor
and Common Council the Board may make and adopt its own
administrative rules and regulations as may be necessary to effectuate the
purposes and policies of this Chapter and to enable the Board to carry out
its powers and duties thereunder, so long as such rules and regulations are
consistent with the laws of the State, this Chapter, and any guidelines
adopted by the Mayor and Common Council. Any such rules and
regulations shall be reduced to writing and be on file with the Director of
the Board at all times.
2. Director. The Mayor with the approval of the Common Council shall
appoint a Mobile Home Rent Board Director, hereinafter referred to as
"Director," to administer and carry out to the fullest extent possible the
expressed intent and purposes of this Chapter. The Director shall be a full-
time employee of the City of San Bernardino. In the alternative, the City of
San Bernardino may contract with the Economic Development Agency of
the City of San Bernardino to provide a Director. If so, the Director shall be
a full-time employee of the Economic Development Agency of the City of
San Bernardino. The Director shall be responsible for the day-to-day
operations of the Board. It shall also be the Director’s responsibility to
provide Board members with copies of all current federal, state, and city
laws, codes, ordinances and regulations referred to in this Chapter.
3. Maintenance of Records. The Director shall keep a record of the
proceedings of the Board, which shall be open for inspection by any
member of the public.
4. Appointment of Committees, Mediators or Hearing Officers. The board
may appoint committees, mediators and hearing officers to hear matters on
which testimony may be taken, which committees, mediators and hearing
officers shall report to the Board the findings and results of any such
hearing on a matter referred to such committee or person upon request.
5. Conduct Studies and Investigations. The Board shall have the power to
make such studies, surveys, and investigations, conduct such hearings, and
obtain such information as is necessary to carry out its powers and duties,
and may authorize individual members to do so.
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6. Require Registration. The Board shall require such registration of mobile
home parks as the Board may deem necessary to enable it to carry out its
duties.
7. Approve Rent Adjustments. The Board may approve such adjustments in
rent ceilings as provided for in this Chapter.
8. Evaluation. The Board shall render at least semi-annually a comprehensive
written report to the Mayor and Common Council concerning the Board's
activities, holdings, actions, results of hearings, and all other matters
pertinent to this Chapter.
9. Related Duties. The Board shall undertake such other related duties as may
be assigned by the Mayor and Common Council.
I. Compensation - Each member of the Board shall be entitled to such
compensation as may be set by the Mayor and Common Council, including
reimbursement for reasonable expenses incurred in the performance of their
official duties. The Board shall not have any authority to expend or authorize the
expenditures of any public funds, except with the prior express approval of the
Mayor and Common Council.
J. Staff - The City Administrator shall provide all administrative staff necessary to
serve the Board. The City Administrator shall provide a secretary to serve as
secretary of the Director and shall be responsible for the maintenance of all
records of the Board. The City Attorney or his/her designee shall act as legal
counsel to the Board.
The City Manager shall administer and carry out to the fullest extent possible the
expressed intent and purposes of this Chapter. The City Manager shall have the
following duties, responsibilities, and functions, together with all powers reasonably
incidental thereto:
A. Adoption of Rules and Regulations. Subject to the approval of the Mayor and
City Council the City Manager may make and adopt her/his own administrative
rules and regulations as may be necessary to effectuate the purposes and policies
of this Chapter and to enable the City Manager to carry out his/her powers and
duties thereunder, so long as such rules and regulations are consistent with the
laws of the State, this Chapter, and any guidelines adopted by the Mayor and
City Council. Any such rules and regulations shall be reduced to writing and be
on file with the City Manager at all times.
B. Maintenance of Records. The City Manager shall keep a record of the hearing
proceedings, which shall be open for inspection by any member of the public.
C. Conduct Studies and Investigations. The City Manager shall have the power to
make such studies, surveys, and investigations, and obtain such information as is
necessary to carry out her/his powers and duties.
D. Require Registration. The City Manager shall require such registration of mobile
home parks as the City Manager may deem necessary to carry out his/her duties.
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E. Evaluation. The City Manager shall render at least semi-annually a
comprehensive written report to the Mayor and City Council concerning the
activities, holdings, actions, results of hearings, and all other matters pertinent to
this Chapter.
F. Related Duties. The City Manager shall undertake such other related duties as
may be assigned by the Mayor and City Council.
8.90.120 Petition by tenant
A. Any tenant of a mobile home rental space affected by this Chapter, upon
payment of such filing fee as shall be duly established, may petition the
BoardCity for a determination whether a proposed or actual action by the
landlord of such tenant is legal, valid, and within the terms of this Chapter. If the
Board City Manager shall establish forms for such petitions, the petition shall be
prepared and submitted upon such form. In the absence of such designated form,
the petition shall contain the name, address and telephone number, if known, of
the landlord, owner, manager, or other person authorized to represent the owner
of the mobile home park, a brief statement of the facts giving rise to the request
for interpretation or determination, and a statement that a copy of the petition has
been personally served or mailed to the owner, manager or other person
authorized to accept and receive notices to the landlord.
B. In the event that a petition by tenant(s) results in a downward adjustment in the
space rent, the park owner shall not be obligated to adjust any rent except the
rent of those tenant(s) who signed the petition and paid the established filing fee.
8.90.130 Petition by landlord
Any landlord of a mobile home park affected by this Chapter may, upon,
payment of such filing fee as shall be duly established, petition the BoardCity for a
determination whether a particular course of action by said landlord is allowable, valid
and in conformity with this Chapter. The BoardCity Manager may designate forms for
the filing of such petitions. In the event that no such form has been designated, the
petition shall be in writing, and shall contain the name, address and telephone number,
if any, of the person requesting the interpretation or opinion, the name and address of
each tenant of a rental unit owned or managed by the person requesting the
interpretation or opinion, if it is intended that such interpretation or opinion affects
such rental unit, a brief statement of the facts giving rise to the request for
interpretation or opinion, and a statement that a copy of such petition has been
personally served upon or mailed to each such tenant who might be affected thereby.
8.90.140 Conduct of Board proceedings Proceedings
A. The Mayor and City Council shall appoint a Hearing Officer to hear matters
pertaining to San Bernardino Municipal Code Chapter 8.90.
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A.B. Each party to a hearing may have assistance in presenting evidence or in setting
forth by argument his position, from an attorney or such other person as may be
designated by said party.
CB. Formal rules of evidence shall not apply in Board proceedings; however, all oral
testimony offered as evidence shall be under oath.
CD. In the event that any party shall fail to appear at the time and place set for
hearing of a petition, the Board Hearing Officer may hear and review such
evidence as may be presented, and may make such findings and decisions as
shall be supported by the evidence presented.
DE. The Board Hearing Officer shall base its his/her decision on evidence presented
at the hearing and may consider any evidence resulting from independent
investigations of the Board or its members City Manager pursuant to §8.90.110.
H.5.4) of this Chapter, where such evidence has been disclosed to the parties.
EF. The Board Hearing Officer, shall make findings based on the evidence as to each
fact relevant to the Board’s Hearing Officer’s decision on the petition. The
decision of the Board Hearing Officer shall be based upon the findings, and
shall:
1. Determine whether the action or proposed action of a landlord is valid,
permitted, and in conformity with this Chapter; and/or
2. Determine whether an adjustment is necessary, and if so, the nature and
amount of relief to be granted or authorized to the landlord or homeowner.
FG. The Board or its Director Hearing Officer shall meet to consider the evidence
and arguments of the parties no later than thirty (30) days after the matter has
been submitted for decision and the Board Hearing Officer shall make its her/his
final decision at the conclusion of their deliberations. No rent adjustment will be
authorized unless supported by the evidence. A notice of the Board’s Hearing
Officer’s decision shall be sent to each party to a proceeding. Unless good cause
to the contrary shall appear, each decision of the Board Hearing Officer shall
apply on a space by space basis, taking into account the possibility of differences
in base rent, services provided, and other facts differentiating rental spaces.
GH. Nothing in this Chapter, or in any decision of the Board Hearing Officer, shall
require any landlord to raise rents or charges to tenants. If an adjustment in the
maximum permissible rent is authorized, a landlord may raise rents or charges by
a lesser amount, or for a lesser time than is authorized by the decision of the
Board Hearing Officer.
HI. The findings and decisions of the Board Hearing Officer shall be a final
administrative action. There shall be no right of appeal to the Mayor and
CommonCity Council. Such findings and decisions shall be public records, and
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may be certified by the secretary of the Board, if any, or by the City Clerk. Each
decision shall set forth a notice as required by California Government Code
Section 1094.6. The decision shall become effective upon mailing to the party
unless otherwise indicated at the hearing. This section supersedes Chapter 2.64
of the San Bernardino Municipal Code.
8.90.1650 Priorities
All petitions for hearings shall be heard in order of date filed.
8.90.1760 Rent adjustment regulations
For purposes of determining allowable rent adjustments, the rules and
regulations set forth in this section shall be used. In authorizing individual adjustments
of the rent ceilings, the Board, its hearing officers and the Director Hearing Officer
shall consider the purposes of this Chapter and the requirements of law. The Board
Hearing Officer may consider all relevant factors including: increases or decreases in
operating and maintenance expenses, the extent and cost of utilities paid by the owner,
necessary and reasonable capital improvements of the park as distinguished from
normal repair, replacement and maintenance, increases or decreases in amenities,
equipment, insurance or services, substantial deterioration of the park other than as a
result of ordinary wear and tear, failure on the part of the owner to provide adequate
repair, housing services or failure on the part of the owner to comply with applicable
housing, health and safety codes, federal and state income tax benefits, the speculative
nature of the investment, whether or not the property as is acquired or is held as a long
term or short term investment, the owner’s rate of return on investment, the owner’s
current and base year Net Operating Income and any other factors deemed relevant by
the Board, its Director, or its hearing officer Hearing Officer in providing the owner a
fair return. A sale of a mobile home park by the owner, subsequent to June 3, 1991,
which results in a Proposition 13 tax increase, cannot be a factor to be considered in a
request for a rent adjustment by the new owners.
8.90.1870 Net operating income
Net Operating Income (NOI) shall be gross income less allowable operating
expenses.
8.90.1980 Gross income
Gross Income equals:
A. Gross rents, computed as gross rental income at 100% paid occupancy, plus
B. Interest from rental deposits, unless directly paid by the landlord to the tenants,
plus
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C. Income from miscellaneous sources, including, but not limited to, laundry
facilities, vending machines, amusement devices, cleaning fees or services,
garage and parking fees, plus
D. All other income or consideration received or receivable for or in connection
with the use or occupancy of rental units,
E. Minus uncollected rents due to vacancy and bad debts to the extent that the same
are beyond the landlord's control.
8.90. 200190 Allowable Operating Expenses
Operating expenses shall include the following:
A. Real property taxes,
B. Utility costs,
C. Management fees actually paid if management services are contracted for. If all
or a portion of management services are performed by landlord, management
fees shall include the reasonable value for such landlord performed services.
Management fees greater than five percent (5%) of gross income are presumed to
be unreasonable. Such presumption may be rebutted.
D. Other reasonable management expenses, including, but not limited to, necessary
and reasonable advertising, accounting and insurance.
E. Normal repair and maintenance expenses, including, but not limited to, painting,
normal cleaning, fumigation, landscaping, and repair of all standard services,
including electrical, plumbing, carpentry, furnished appliances, drapes, carpets,
and furniture.
E. Owner-performed labor, which shall be compensated at the following hourly
rates upon documentation of the date, time, and nature of the work performed:
1. At the general prevailing rate of per diem wages for the San Bernardino area,
for the specific type of work performed, as determined and published by the
Director of the Department of Industrial Relations of the State of California
pursuant to Section 1770, et seq. of the Labor Code of the State of California.
2. If no such general prevailing rate has been determined and published, then a
cost per hour for general maintenance and a cost per hour for skilled labor as
established by resolution of the Mayor and Common City Council.
Notwithstanding the above, a landlord may receive greater or lesser
compensation for self-labor if the landlord proves by clear and convincing
evidence that the amounts set forth above are substantially unfair in a given
case. Owner performed labor in excess of 5% of Gross Income shall not be
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allowed unless the landlord proves by clear and convincing evidence that
such excess labor expenses resulted in proportionately greater services for the
benefit of tenants.
G. License and registration fees required by law to the extent same are not
otherwise paid by tenants.
H. The yearly amortized portion of capital expenses including financing costs,
computed in accordance with any useful life table utilized by the Internal
Revenue Service.
I. Reasonable attorney’s fees and costs incurred as normal and reasonable costs of
doing business, including, but not limited to, good faith attempts to recover rents
owing and good faith unlawful detainer actions not in derogation of applicable
law, to the extent same are not recovered from tenants.
8.90. 210200 Operating expenses not allowable
Operating expenses shall not include the following:
A. Avoidable and unreasonable or unnecessary expenses;
B. Mortgage principal and interest payments;
C. Lease purchase payments and rent or lease payments to landlord's lessor;
D. Penalties, fees or interest assessed or awarded for violation of this or any other
statute;
E. Attorney Attorney’s fees and other costs incurred for proceedings before the
Board Hearing Officer or in preparation for such proceedings, or in connection
with any civil actions or proceedings against the Board City, or a decision,
ruling, or order of the Board Hearing Officer;
F. Depreciation of the real property;
G. Any expenses for which the landlord has been reimbursed by any security
deposit, insurance settlement, judgment for damages, settlement, or any other
method.
8.90. 220210 Presumption of fair base year net operating income
Except as provided in Section 8.90.230 220, it shall be presumed that the Net
Operating Income produced by a park owner during the base year, provided a fair
return on property. Owners shall be entitled to maintain and increase their Net
Operating Income from year to year in accordance with Sections 8.90.080 and
8.90.100.B.
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8.90. 230220 Rebutting the presumption
It may be determined that the base year net operating income yielded other than a
fair return on property, in which case, the base year Net Operating Income may be
adjusted accordingly. In order to make such a determination, the Board or its designee
Hearing Officer must make at least one of the following findings:
A. The owner's operating and maintenance expenses in the base year were unusually
high or low in comparison to other years. In such instances, adjustments may be
made in calculating such expenses so the base year operating expenses reflect
average expenses for the property over a reasonable period of time. The hearing
officer shall consider the following factors:
1. The owners made substantial capital improvements during 1988 which
were not reflected in the rent levels on the base date.
2. Substantial repairs were made due to damage caused by natural disaster or
vandalism which management has taken appropriate action to reduce.
3. Maintenance and repair were below accepted standards so as to cause
significant deterioration in the quality of housing services.
4. Other expenses were unreasonably high or low notwithstanding the
following of prudent business measures.
B. The rental rates on the base date were disproportionate due to enumerated factors
below. In such instances, adjustments may be made in calculating gross rents
consistent with the purpose of this Chapter.
1. The rental rates on the base date were substantially higher or lower than in
preceding months by reason of premiums being charged or rebates being
given for reasons unique to particular units or limited to the period
determining the base rent.
2. The rent on the base date was substantially higher or lower than at other
times of the year by reason of seasonal demand or seasonal variations in
rent.
3. The rental rates on the base date were exceptionally high or low due to
other factors which would cause the application of the base year net
operating income to result in gross inequity to either the owner or tenant.
8.90. 240230 Determination of base year net operating income
A. To determine the Net Operating Income during the base year, there shall be
deducted from the annualized gross income being realized in 1988, a sum equal
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to the actual operating expenses for calendar year 1988, unless the owner
demonstrates to the satisfaction of the Board or its designee Hearing Officer that
the use of some other consecutive 12-month period is justified by reasons
consistent with the purposes of this section.
B. In the event the owner did not own the subject property during the base year, the
operating expenses for 1988 shall be determined by one of the following
methods whichever the Board or its designee Hearing Officer determines to be
more reliable in the particular case:
1. The previous owner's actual operating expenses as defined in Section 8.90.
200190 if such figures were available, or
2. Actual operating expenses for the first calendar year of ownership,
discounted to 1988 by the schedule.
8.90. 250240 Determination of current year net operating income
To determine the current year net operating income, there shall be deducted from
the annualized gross income, determined by analyzing the monthly rents in effect at
the time of filing of a petition, a sum equal to the actual operating expenses for the last
calendar year (unless the owner demonstrates to the satisfaction of the Board or its
designee Hearing Officer that the use of some other consecutive 12-month period is
justified by reasons consistent with the purposes of this section).
8.90. 260250 Schedule of increases in operating expenses
Where scheduling of rental increases, or other calculations, requirer requires
projections of income and expenses, it shall be assumed that operating expenses,
exclusive of property taxes, and management expenses, increases at 5% per year, that
property taxes increase at 2% per year, and that management expenses constitute 5%
of gross income, provided, however, that if actual increases are greater or less than
those listed in this section, the actual increases shown according to proof shall be the
increases applicable.
8.90. 270260 Allowable rent adjustments
The Board, a hearing officer or the Director Hearing Officer may permit rent
adjustments, unless otherwise prescribed by law, such that the owner’s net operating
income will be adjusted at the rate as specified in Section 8.90.100 B.2.
8.90. 280270 Discretionary considerations
While the Net Operating Income formula should operate to guarantee a park
owner a fair return on investment, the Director or hearing officer considering a request
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for rent increases shall consider all relevant factors presented in making a
determination, as set forth in this Chapter.
8.90. 290280 Limit on increases pending hearing or litigation
Notwithstanding any other provisions of this Chapter, no adjustment in rents in a
mobile home park shall be valid during the time that any hearing or proceeding is
being conducted pursuant to this Chapter, nor shall such increase be valid during the
period in which the Board’s Hearing Officer’s decision for that park is being reviewed
by a Court of competent jurisdiction, except those the tenants shall be required to pay
as the Permissible Adjustment as provided for under Section 8.90.090 B.
8.90. 300290 Rent adjustments for reduction in services
A. No owner shall reduce the level or kind of services provided to tenants as of the
date of adoption of this Chapter or take any other punitive action in retaliation
for the exercise by tenants of any of the rights granted by this Chapter.
B. If a mobile home park provides in the rent, without separate charge, utilities or
similar services (including, but not limited to, natural gas, electricity, water,
sewer, trash, and cable television) and converts to separate charge for such
service by separate metering, separate charge or other lawful means of
transferring to the tenant the obligation for payment for such services, the cost
savings shall be passed through to tenants by a rent adjustment equal to the
actual cost to the park of such transferred utility or similar service (less common
area usage, based on costs for the twelve (12) months period prior to notice to the
tenants of the change). Provided compliance with this section occurs, provisions
for mediation and/or hearing shall not apply. It is the intent of this Section for
those rental agreements entered into on or after January 1, 1991, to be consistent
with the provisions of Civil Code Section 798.41 as adopted by Chapter 1013,
Section 2 of the Statutes of 1990.
C. For purposes of Section 8.90. 300290 A. above, in determining cost savings to be
passed on to tenants in the form of decreased rent, the cost of installation of
separate utility meters, or similar costs incurred by the owner to shift the
obligation for payment of utility costs to the tenants shall not be considered.
However, this shall not be construed to prohibit or prevent the consideration of
inclusion of such costs as an increased operating expense at mediation or
arbitration.
D. If a service other than a utility or similar service per subsection A. above is
reduced or eliminated, or if a utility or similar service is reduced or eliminated
without a concomitant decrease in rent, the provisions of this Chapter regarding
petition and/or hearing shall apply subject to the following conditions. Any
petition initiating mediation or hearing must be filed within twelve (12) months
of the date on which the service was reduced or eliminated, and the reduction or
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elimination in services must continue to exist at the time of the hearing. Rent
adjustments shall only be granted prospectively.
8.90. 310300 Quantum of proof and burden of proof
The decision of the Board, its Director, or hearing officer must be supported by
the evidence submitted at the hearing. The petitioning party shall have the burden of
proof in such proceedings.
8.90.310 Hearing Officer Decision Final
The decision of the Hearing Officer is final. This section specifically supersedes
Municipal Code Chapter 2.64.
8.90.320 Appeal
Any party to a hearing shall be entitled to appeal the decision of the Director or
the hearing officer to the Board.
8.90.330 Filing of appeal
Any party seeking to appeal the decision of the Director or the hearing officer
must file such written appeal within fifteen (15) days of the date of notice of the
decision and must post a deposit of an amount sufficient to cover the cost of preparing
the Hearing Record.
8.90.340 Appeal hearing
Upon the request of any party filing an appeal and depositing the sums required
in Section 8.90.330 hereof, the Board shall schedule a hearing to be held within thirty
(30) days of the filing of appeal and shall direct the Director to notify the parties of
such hearing date.
8.90.350 Appellate review
The Board shall review the Hearing Record and hear the arguments of the parties
at the appeal hearing, but shall limit its review to facts presented at the hearing before
the hearing officer.
8.90.360 Time for appellate decision
The Board shall make a decision no later than five (5) days following the appeal
hearing and notify the parties within ten (10) days following the Board’s decision.
8.90.370 Finality of decision
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The decision of the Board on appeal shall be final and binding. This section
specifically supersedes Municipal Code Chapter 2.64.
8.90. 380320 Judicial review
An owner or tenant aggrieved by any action of the Board Hearing Officer may
seek judicial review by appealing to the appropriate Court within the jurisdiction.
Sections 1094.5 and 1094.6 of the Code of Civil Procedure are applicable.
8.90. 390330 Termination of tenancy
A tenancy which is not held pursuant to a written rental agreement that conforms
to the provisions of Section 798.15, et seq. of the California Civil Code shall be
terminated only pursuant to Section 798.55, et seq. of the California Civil Code.
8.90. 400340 Remedies for violation
A. Civil Remedies - Any person who demands, accepts, or retains any payment in
violation of any provision of this Chapter shall be liable in a civil action to the
person from whom such payment is demanded, accepted, or retained for
damages in the\sum of three (3) times the amount by which the payment or
payments demanded, accepted or retained exceed the maximum rent which could
lawfully be demanded, accepted, or retained, together with reasonable attorney's
fees and costs as determined by the Court.
B. Criminal Remedies - It shall be unlawful for an owner to adjust any rent in an
amount in excess of that allowed under this Chapter or by order of the Board
Hearing Officer. Any owner who willfully and knowingly violates any of the
provisions of this Chapter or the orders of the Board Hearing Officer shall be
guilty of a misdemeanor.
C. Injunctive and Other Civil Relief - The Board, the Director City Manager, the
City, and the tenants and owners may seek relief from the appropriate Court
within in the jurisdiction within which the rental unit is located to enforce any
provision of this Chapter or its implementing regulations or to restrain or enjoin
any violation of this Chapter and of the rules, regulations, orders and decisions of
the Board Hearing Officer.
D. Non-waiver of Rights - Any waiver or purported waiver by a tenant of rights
granted under this Chapter prior to the time when such rights may be exercised,
whether oral or written, shall be void as contrary to public policy.
8.90. 401350 Periodic review of Chapter
A. The Mayor and City Council shall review the provisions of the Chapter at any
other time deemed appropriate, in order to consider the following:
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1. Whether this Chapter continues to be necessary to protect the public health,
safety, and welfare.
2. Whether the implementation of the provisions of this Chapter have been
adequate, and
3. Whether the provisions of this Chapter should be amended to provide more
effective regulations or to avoid unnecessary hardship.
8.90.420 Severability
If any provision(s) of this Chapter or application thereof to any person or
circumstances is held invalid, this invalidity shall not affect other applications of this
ordinance which can be given effect without the invalid provision or application, and
to this end, the provisions of this Chapter are declared to be severable.
8.90. 430360 Chapter to be liberally construed
This Chapter shall be liberally construed to achieve the purposes of this
Chapter and to preserve its validity.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE NO. MC-1481
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 8.90 (MOBILE HOME RENTS) DISSOLVING THE MOBILE
HOME RENT BOARD AND DELEGATING RESPONSIBILITY FOR THE REVIEW
OF MOBILE HOME PARK RENT INCREASE REQUESTS TO AN INDEPENDENT
HEARING OFFICER
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _______________________ meeting
thereof, held on the _____ day of ______________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of __________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:____________________
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ORDINANCE NO. MC-1482
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 15.37 RELATED TO HISTORIC BUILDING DEMOLITION
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, the new Charter changes the form of government of the City to a
Council/Manager form of government and has assigned additional responsibilities to the City
Manager; and
WHEREAS, the City Council in implementing the new charter provisions has
evaluated the community’s need for various committees and commissions and has taken
action to eliminate some bodies and consolidate others to increase efficiency and preserve
scarce resources; and
WHEREAS, the City Council has determined that the functions of the Fine Arts
Commission and the Historical Preservation Commission should be combined and performed
by the Arts and Historical Preservation Commission and has adopted a Resolution to
effectuate this change; and
WHEREAS, Chapter 15.37 of the San Bernardino Municipal Code requires
amendment to be consistent with changes made by the Charter and by Resolution.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 15.37 of the San Bernardino Municipal Code is hereby
amended to read as follows:
Chapter 15.37
HISTORIC BUILDING DEMOLITION ORDINANCE
Sections:
15.37.010 Findings and purpose
15.37.020 Definitions
15.37.030 Historical Preservation Commission
15.37.0305 Demolition Prohibited
15.37.040 Dangerous Buildings Exempted Under
Exigent Circumstances
15.37.045 Evaluation Thresholds and Review Requirements
15.37.050 Historic Resource Evaluation Report
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15.37.055 Criteria for Determination of Historical Significance
15.37.060 Review Process
15.37.070 Appeals
15.37.080 Severability
15.37.085 Penalty
15.37.090 Fees
15.37.010 Findings and purpose
The Mayor and CommonCity Council find and declare:
A. The City of San Bernardino General Plan, adopted on November 1, 2005 includes a
Historical and Archaeological Resources Element which provides a basis for historic
preservation in the City of San Bernardino.
B. This ordinance is adopted to establish a procedure for consideration of demolition
requests for historic buildings and structures as defined herein. A Historic Preservation
Ordinance is required to be completed as part of the development of the Historic Preservation
Program. This ordinance will include a section on demolitions.
C. Several buildings of historical value have already been demolished, including the
Municipal Auditorium, Antlers Hotel, Carnegie Library and Atwood Adobe and many others
which were an irreplaceable part of our heritage.
D. On December 18, 1989, the Urgency Historic Structure Demolition Ordinance (Ord. MC-
694) was adopted. Ord. MC-694 provided for the establishment of the Historic Preservation
Task Force and for the review of Demolition Permit applications for pre-1941 buildings and
structures.
E. Prior to the adoption of Ord. MC-694, the City had no provision for the review of
Demolition Permit Applications for potentially historic buildings or structures.
F. For clarification, it is necessary to amend the provisions for the review of Demolition
Permit Applications for potentially historic buildings and structures.
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G. By imposing the requirements of the amended Historic Building Demolition Ordinance,
the City will have a provision which facilitates a more efficient and effective method of
review for Demolition Permit Applications while the Historic Preservation Program is being
completed.
15.37.020 Definitions
For the purpose of carrying out the intent of this Chapter, the words, phrases and terms
set forth herein shall be deemed to have the meaning ascribed to them in this Chapter.
A. Building - Any structure having a roof and walls built and maintained to shelter
human activity or property.
B. Demolition - To destroy any building or structure so that it is no longer standing or
functional.
C. Report - Historic Resource Evaluation Report, a report that evaluates the historical
significance of a resource based upon established criteria.
D. Resource - A building or structure as defined in this Chapter.
E. Structure -
1. Any structure having a roof and walls built and maintained to shelter human
activity or property; or,
2. a work made up of independent and interrelated parts that performs a
primary function unrelated to human shelter.
F. Survey - Historic Resources Reconnaissance survey (Volumes 1-5 and
Attachments, April 30, 1991 and all subsequent revisions), a Citywide survey of buildings and
structures constructed prior to December 31, 1941 which provides baseline information
regarding the types and locations of resources, approximate construction dates, representative
architectural styles, construction materials, and contextual historical themes.
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G. The Arts and Historical Preservation Commission Historical Preservation
Commission - A commission formed by Resolution of the Mayor and City Council whose
members are appointed by the Mayor and CommonCity Council. as outlined in Chapter 2.23
of this Municipal Code.
15.37.030 Historical Preservation Commission
The Historical Preservation Commission was established by Ord. MC-1245 and the
Commission members were appointed by the Mayor with the concurrence of the Common
Council. Under the provisions of this Chapter, the Commission shall perform the duties
specified in Chapter 2.23.
15.37.0305 Demolition Prohibited
No building or structure fifty (50) years old or older shall be demolished unless a valid
Demolition Permit has been issued in accordance with this Chapter.
15.37.040 Dangerous Buildings Exempted Under Exigent Circumstances
The demolition of any building or structure fifty (50) years old or older shall be exempt from
the provisions of this Chapter if a determination has been made, supported by findings of fact,
by the Hearing Officer or the Building Official pursuant to Chapter 15.28 of the Municipal
Code declaring that the building or structure is a dangerous building and constitutes an
imminent threat to the health and safety of the public. In lieu of immediate demolition of a
structure posing an imminent hazard, feasible mitigation measures should be employed where
practicable in order to preserve the structure and site until the historical review process is
completed.
15.37.045 Evaluation Thresholds and Review Requirements
Buildings and structures fifty (50) years old or older proposed for demolition shall be
evaluated to determine historical significance. The level of review required shall be
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determined in accordance with the following thresholds and requirements which are based
upon the Historic Resources Reconnaissance Survey (Volumes 1-5 and attachments, April 30,
1991 and all subsequent revisions):
A. A Historic Resource Evaluation Report (Report) shall be required for any resource
identified on a modified California Department of Parks and Recreation (DPR) 523 Form
(Volume 3, Appendix B, Resource List and DPR Forms) or located within an area identified
as being potentially eligible for Historic District designation and listed as a contributing
resource (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 1. through 4).
B. A Historic Resource Evaluation Report may be required for any resource listed on
the Tabular List and located within the boundaries of an area identified in the Survey as being
potentially eligible for Historic Overlay Zone designation (Volume 3, Appendix C, Historic
Districts and Overlay Zones, Items 5 through 13) Using the criteria established in Section
15.37.055 of this Chapter, the Community Development Director of Development Services
shall evaluate demolition proposals for these resources to determine the requirement for a
Report.
C. Demolition Permit Applications for buildings and structures which are listed only
on the Tabular List or not included in the Survey shall not require a Report unless the
Community Development Director of Development Services determines that a Report is
required based upon new historical or cultural information not contained in the Survey. When
required, Historic Resource Evaluation Reports shall be prepared in accordance with Section
15.37.050 of this Chapter.
15.37.050 Historic Resource Evaluation Report
A Historic Resource Evaluation Report required as a submittal for a Demolition
Permit Application shall contain the following elements:
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A. Purpose and Scope
B. Methods of Evaluation: Field and Archival
C. Location and Setting
D. Architectural Description of the Resource
E. Historical Background
F. Discussion of Eligibility for NR listing
G. Statement of Significance
H. Conclusions
I. Recommendations (may include proposed mitigation)
J. Archival Documentation (Appendices)
The Statement of Significance element (Item G. above) shall be made using the
criteria listed in Section 15.37.055 of this Chapter and shall include a discussion of the related
historical contextual themes.
The archival documentation (Item J. above) of the resource shall include a completed DPR
523 Form and archival quality photo documentation. This information shall be included as an
appendix to the Report.
Preparation and submittal of the Report shall be the responsibility of the applicant. All
Reports shall be prepared by consultants who meet the professional qualification standards for
the field of Historic Preservation as described in the Federal Register.
15.37.055 Criteria for Determination of Historical Significance
1. The building or structure has character, interest or value as a part of the heritage of
the City of San Bernardino; or,
2. The location of the building or structure is the site of a significant historic event; or,
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3. The building or structure is identified with a person(s) or group(s) who significantly
contributed to the culture and development of the City of San Bernardino; or,
4. The building or structure exemplifies a particular architectural style or way of life
important to the City; or,
5. The building or structure exemplifies the best remaining architectural type in a
neighborhood; or,
6. The building or structure is identified as the work of a person whose work has
influenced the heritage of the City, the State or the United States; or,
7. The building or structure reflects outstanding attention to architectural design,
detail, materials or craftsmanship; or,
8. The building or structure is related to landmarks or historic districts and its
preservation is essential to the integrity of the landmark or historic district; or,
9. The unique location or singular physical characteristics of the building or structure
represents an established and familiar feature of a neighborhood; or,
10. The building, structure or site has the potential to yield historical or archaeological
information.
15.37.060 Review Process
1. Director Review - The Community Development Director of Development Services
shall determine whether to issue a Demolition Permit for an Application which does not
require a Report in accordance with Evaluation Thresholds B. and C. and the requirements
specified in Section 15.37.045 of this Chapter.
2. The Development and Environmental Review Committee (DERC) Review -An
Initial Study (pursuant to the California Environmental Quality Act) shall be prepared for a
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Demolition Permit Application when a Historical Resource Evaluation Report is required in
accordance with Section 15.37.045, Subsections A. - C. of this Chapter.
The Report may be included as an attachment to the Initial Study or referenced in the
Initial Study. The Initial Study shall be reviewed by the DERC for an environmental
determination in compliance with the provisions of the California Environmental Quality Act,
and applicable City requirements. Following the DERC review, the application and the
environmental determination shall be reviewed by the Arts and Historical Preservation
CommissionHistorical Preservation Commission.
3. Historical PreservationArts and Historical Preservation Commission Review - The
Historical PreservationArts and Historical Preservation Commission shall receive notification
of Demolition Permit Applications for which a Historic Resource Evaluation Report is
prepared for their review and make recommendations to the Planning Commission regarding
the historic significance of resources and the approval or denial of applications.
4. Planning Commission Review - A Demolition Permit Application for which a
Historic Resource Evaluation Report and Initial Study are prepared shall be scheduled for
review by the Planning Commission within forty-five (45) days of the DERC's environmental
determination. The Planning Commission shall review Demolition Permit Applications to
determine the historical significance of the resource based upon the criteria set forth in
Section 15.37.055 of this Chapter. The Planning Commission may also consider the National
Register criteria for evaluation.
Based upon the information provided, the Planning Commission shall take action on
the environmental determination and approve or deny the issuance of the Demolition Permit.
The Planning Commission's review must be completed within 30 days of the first public
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hearing before the Planning Commission or the Application shall be forwarded to the Mayor
and CommonCity Council.
When a Demolition Permit Application is denied because of a determination of
historical significance, the Planning Commission shall forward that recommendation to the
Mayor and CommonCity Council.
If the Planning Commission approves the Demolition Permit Application, the Demolition
Permit shall be issued in accordance with the Planning Commission action and following
compliance with the provisions of this Chapter and all other City requirements.
5. Effective Date of Permit - Demolition Permits shall become effective 16 days
following the final date of action (i.e., approval) by the Director or the Planning Commission
unless an appeal has been filed pursuant to Section 15.37.070, which shall stay the issuance of
the Demolition Permit until after the Appeal is decided.
15.37.070 Appeals
Any person may appeal the decisions of the Community Development Director of
Development Services pursuant to this Chapter to the Planning Commission. Decisions of the
Planning Commission pursuant to this Chapter may be appealed to the Mayor and
CommonCity Council.
An appeal must be submitted in writing with the required appeal fee (if applicable) to
the Community Development Services Department within fifteen (15) days following the final
date of the action for which an appeal is made. The written appeal shall include the reason(s)
why the Historic Resource Evaluation Report should or should not be required; or why the
Demolition Permit Application should be granted, denied or exempt from the provisions of
this ordinance.
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15.37.080 Severability
If any section, subsection, sentence, clause or phrase or any portion of this ordinance is for
any reason declared invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of the Ordinance. The Mayor and CommonCity Council hereby
declare that it would have adopted this ordinance and each and every section, subsection,
sentence, clause or portion thereof irrespective of the fact that any phrase, or any portion
thereof, would be subsequently declared invalid or unconstitutional.
15.37.0805 Penalty
Any person, firm or corporation, whether as principal, agent, employee, or otherwise,
violating or causing the violation of any of the provisions of this Chapter is guilty of a
misdemeanor, which upon conviction thereof is punishable in accordance with the provisions
of Sections 1.12.010 and 1.12.020 of this Code in addition to any other civil or administrative
remedies.
15.37.090 Fees
Upon submittal of a Demolition Permit Application to the Community Development
Services Department, the applicant shall pay all applicable Planning Division fees in the
amounts as adopted by resolution of the Mayor and CommonCity Council for an Initial Study
and for the Planning Commission review. The applicant shall pay all required Building
Inspection Division fees in the amounts as adopted by resolution of the Mayor and
CommonCity Council prior to issuance of a Demolition Permit. The applicant shall also pay
all fees required by other governmental agencies prior to issuance of a Demolition Permit.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
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such inconsistencies, is hereby repealed or modified to the extent necessary to eaffect the
provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declare that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 15.37 RELATED TO HISTORIC BUILDING DEMOLITION
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _______________________ meeting
thereof, held on the _____ day of ______________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of __________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:____________________
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ORDINANCE NO. MC-1483
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ENACTING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 2.27 RELATED TO THE “LIBRARY BOARD”
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, the new Charter at Section 602 provides for the continuation of a Library
Board of Trustees.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.27 of the San Bernardino Municipal Code is hereby added to
read as follows:
Chapter 2.27
LIBRARY BOARD
Sections:
2.28.010 Qualifications and Appointment
2.27.020 Terms of Office
2.27.030 Oath of Office
2.28.040 Meetings, Quorum and Attendance
2.28.050 Reporting
2.28.060 Approval of Rules and Regulations
2.27.010 Qualifications and Appointment
A. The five members of the Library Board of Trustees serving at the time of the effective
date of this ordinance shall continue to serve until a replacement member is appointed,
subject to the Mayor and City Council’s right of removal. Whenever any vacancy of
the Board occurs for any reason, and at least 60 days prior to expiration of any Library
Board of Trustee member’s term of office, the City Clerk shall cause notice of the
vacancy or pending vacancy of the position to be posted and advertised as required by
law to enable qualified candidates to apply for such position(s).
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B. Applicants for membership on the Library Board of Trustees and all Board Members
shall be adult residents and registered voters of the City of San Bernardino, and no
member shall be an employee of the City or hold any other elected office in the City,
while applying for or holding a membership seat on the Library Board of Trustees.
Members shall be appointed on the basis of demonstrated knowledge and experience
in the area of library operations, fundraising, budget and personnel management,
education, legal services, purchasing, or other areas which relate to the mission and
purpose of the Board. Members shall commit to provide the best possible library
services for the community. Appointments shall be made with consideration of
community involvement, interpersonal and communication skills, geographical
distribution of commissioners and diversity. The Mayor shall determine the timing and
manner of interviewing qualified applicants, which may include interviews with the
Mayor, an ad hoc council subcommittee formed for that purpose, or setting of a special
meeting with public interviews of those selected for interview. Each appointee to the
Library Board shall be selected by a vote of the Mayor and entire City Council as
provided in Charter section 304(b). Removal of any member of the Library Board
shall also be subject to Charter section 304(b). Members of the Library Board of
Trustees shall serve without compensation.
2.27.020 Terms of Office
Each member of the Library Board of Trustees shall serve a four year term. Terms
shall be staggered so that three members are appointed in 2018 for a four year term and every
four years thereafter, and two members are appointed in 2018 for a two year term and every
four years thereafter. The term of each member of the board shall continue until a successor
has been appointed.
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2.27.030 Oath of Office
Prior to undertaking his or her duties as a member of the Library Board of Trustees,
the member shall subscribe and file his or her official oath of office with the City Clerk.
2.27.040 Meetings, Chair, Quorum and Attendance
The Library Board of Trustees shall meet at least once per month, with regular
meetings scheduled by adopted rules or regulations, and special meetings as needed, to be
posted and conducted in accordance with the Ralph M. Brown Act. A quorum of three of the
board members is required to conduct any meeting. The Board shall elect a president and
vice-president from among its members, and the president and vice-president shall serve for a
term of two years. Any member who is absent for three (3) consecutive meetings, or in excess
of four (4) meetings per year, excused or unexcused, may be subject to removal from the
Board.
2.27.050 Reporting
The Library Board of Trustees shall provide a copy of its agenda, attachments and
minutes, to the Mayor, City Council, City Manager, City Attorney and such other City
officials as it may deem advisable. The Library Board of Trustees shall schedule, from time
to time, agenda items as requested by the City Manager for the purpose of discussing items in
closed or open session. The Library Department budget and all labor agreements shall be
submitted to City Council for approval pursuant to Charter Sections 508 and 602.
2.28.060 Approval of Rules and Regulations
The Rules and Regulations of the Library Board of Trustees in effect at the time of
adoption of this ordinance, copies of which Rules and Regulations are on file in the office of
the City Clerk, are approved for enforcement purposes. Subsequent amendments to the Rules
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and Regulations approved by the Library Board shall be submitted to the City Council for
approval by resolution and shall be enforceable pursuant to this chapter.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ENACTING SAN BERNARDINO MUNICIPAL
CODE CHAPTER 2.27 RELATED TO THE “LIBRARY BOARD”
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _______________________ meeting
thereof, held on the _____ day of ______________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of __________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:____________________
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Discussion
The new City Charter adopted by voters on November 8, 2016, and filed with the
California Secretary of State on January 31, 2017 assigns to the City Clerk, in Section
505, responsibility for giving notice of council meetings, keeping a journal of
proceedings and performing the duties prescribed by State law, the Charter and by
ordinance. The scope of responsibility assigned to the City Clerk in the Charter does
not include the functions of the Business Registration Division. For this reason the
functions of the Business Registration Division are being transferred from the Office of
the City Clerk to the Finance Department.
The transfer of the Business Registration Division from the Office of the City Clerk to the
Finance Department requires amendments to the Municipal Code to reflect the
operational changes that will take place as a result of the transfer. Additionally
unnecessary provisions within these sections of the Municipal Code will be amended or
removed to align with Federal and State laws and regulations. Phase two of the
Municipal Code review will involve the incorporation of a Municipal Code codification
service enabling the City to further refine our Municipal Code based upon best
practices. The next review phase will occur once the Municipal Code changes required
by the new City Charter are completed
The specific sections of the Municipal Code to be amended are identified below:
3.55 Transient Lodging Tax
3.64 Tax on Parking and Business Improvement Area
5.44 Coin-Operated Game Machines
5.52 Escort Bureaus
5.60 Motor Buses
5.84 Enforcement - Citing Authority
8.60 Fireworks
12.32 Housing Numbers
14.08 Cable, Video and Telecommunications Service Providers
The specific sections of the Municipal Code to be repealed include:
3.60 Cigarette Tax - The California Revenue and Taxation Code Section 30111
stipulates that the State of California’s tax preempts the City of San Bernardino’s
tax on the distribution of cigarettes. Given that the City no longer has the
authority to tax the distribution of cigarettes, it is recommended that Chapter 3.60
Cigarette Tax which taxes the distribution of cigarettes in the City be removed
from the Municipal Code.
5.16 Fire, Removal or Closing-Outs Sales – A license is required to operate a
business within the City of San Bernardino. Requiring a separate permit for a
close out sale is burdensome for a closing business. Moreover, with limited staff
resources the City does not currently have the capacity to enforce permitting for
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fire, removal or closing out sales. For these reasons it is recommended that
Chapter 5.16 Fire, Removal or Closing-Out Sales be removed from the Municipal
Code.
5.40 Charitable and Religious Solicitation in Central City Mall - Given that
the Central City or Carousel Mall has been closed, there is no longer a need to
have a provision in the Code that addresses charitable and religious solicitation
within the Mall. Therefore it is recommended that Chapter 5.40 Charitable and
Religious Solicitation in Central City Mall be removed from the Municipal Code.
Mayor and City Council and City Manager 2018-2019 Goals and Objectives
The proposed changes allow for the transfer of the Business Registration Division from
the Office of the City Clerk to the Finance Department supporting the new City Charter
and the adopted fiscal year (FY) 2017/18 budget in alignment with goal number 5(a) to
improve City Government Operations in the implementation of the City Charter by
maintaining clear roles and lines of authority.
Fiscal Impact
The costs related to the Charter implantation services were approved by the Mayor and
City Council at the February 23, 2017 meeting.
Next Steps
Additional amendments to Municipal Code Chapter 3 Revenue and Finance and
Chapter 5 Business Registration and Regulations will be presented to the Mayor and
City Council over the course of the next several months to reflect the transfer of the
Business Registration Division functions from the Office of the City Clerk to the Finance
Department, the transfer of certain regulatory functions from the City Clerk to the Police
Department and the Community Development Department, and align with current
operations, the new City Charter, and Federal and State laws and regulations.
Conclusion
5. Accept for final reading Ordinance No. MC-1484 of the Mayor and City Council
of the City of San Bernardino, California repealing Municipal Code Chapter 3.60
and amending Municipal Code Chapters 3.55, 3.64, 5.44, 8.60, 12.32 and 14.08;
6. Accept for final reading Ordinance No. MC-1485 of the Mayor and City Council
of the City of San Bernardino, California repealing Municipal Code Chapter 5.16
Fire, Removal or Closing-Outs Sales;
7. Accept for final reading Ordinance No. MC-1486 of the Mayor and City Council
of the City of San Bernardino, California repealing Municipal Code Chapter 5.40
Charitable and Religious Solicitation in Central City Mall; and
8. Accept for final reading Ordinance No. MC-1487 of the Mayor and City Council
of the City of San Bernardino, California amending Municipal Code Chapters
5.52 and 5.84 and repealing 5.60.
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Attachments
1. Attachment 1 – Ordinance No. MC-1484 repealing Municipal Code Chapter 3.60
and amending Municipal Code Chapters 3.55, 3.64, 5.44,8.60, 12.32 and 14.08
2. Attachment 2 – Ordinance No. MC-1485 repealing Municipal Code Chapter 5.16
Fire, Removal or Closing-Outs Sales
3. Attachment 3 – Ordinance No. MC-1486 Ordinance repealing Municipal Code
Chapter 5.40 Charitable and Religious Solicitation in Central City Mall
4. Attachment 4 – Ordinance No. MC-1487 amending Municipal Code Chapters
5.52 and 5.84 and repealing Municipal Code Chapter 5.60
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Synopsis of Previous Council Actions:
1. 2/21/18 –
a. Resolution No. 2018-45 adopted reclassifying the full-time Business Registration
and Treasury Division job classifications from unclassified to classified positions
within the General Unit and Middle Management bargaining groups and
amending the salary schedule adopted by Resolution 2017-112 on June 21, 2017.
b. First reading of Ordinances amending or repealing and replacing Municipal Code
Chapters pertaining the Personnel System and the Business Registration and
Treasury Division Transfer:
i. Ordinance No. MC-1475 repealing and replacing Municipal Code Chapter
2.04 Personnel System;
ii. Ordinance No. MC-1476 amending Municipal Code Chapter 2.08
Treasurer; and
iii. Ordinance No. MC-1477 amending Municipal Code Chapter 2.10
Department of Finance.
2. 3/7/18 –
a. Final reading of Ordinances amending or repealing and replacing Municipal Code
Chapters pertaining the Personnel System and the Business Registration and
Treasury Division Transfer:
i. Ordinance No. MC-1475 repealing and replacing Municipal Code Chapter
2.04 Personnel System;
ii. Ordinance No. MC-1476 amending Municipal Code Chapter 2.08
Treasurer; and
iii. Ordinance No. MC-1477 amending Municipal Code Chapter 2.10
Department of Finance.
3. 4/4/18 –
a. Resolution No. 2018-98 adopted reclassifying the full-time Business Registration
Representative and Senior Business Registration Representative job classifications
from unclassified to classified positions within the General Unit bargaining group
and amending the salary schedule adopted by Resolution 2017-112 on June 21,
2017.
b. First reading of Ordinances amending or repealing and replacing Municipal Code
Chapters pertaining the Personnel System and the Business Registration and
Treasury Division Transfer:
i. Ordinance No. MC-1484 Attachment 1 – Ordinance repealing Municipal
Code Chapter 3.60 and amending Municipal Code Chapters 3.55, 3.64,
5.44,8.60, 12.32 and 14.08;
ii. Ordinance No. MC-1485 repealing Municipal Code Chapter 5.16 Fire,
Removal or Closing-Outs Sales;
iii. Ordinance No. MC-1486 repealing Municipal Code Chapter 5.40 Charitable
and Religious Solicitation in Central City Mall; and
iv. Ordinance No. MC-1487 amending Municipal Code Chapters 5.52 and 5.84
and repealing Municipal Code Chapter 5.60.
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ORDINANCE NO. MC-1484
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTERS 3.55, 3.64, 5.44, 8.60, 12.32, AND 14.08 TRANSFERRING LICENSING OF CERTAIN BUSINESSES AND USES FROM THE CITY CLERK TO THE FINANCE DEPARTMENT OF THE CITY OF SAN BERNARDINO AND REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 3.60 RELATED TO THE CIGARETTE TAX WHEREAS, at the November 8, 2016 general election, the People of the City of San Bernardino adopted Measure L which amended the City of San Bernardino’s Charter (“New Charter”); and WHEREAS, the New Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and WHEREAS, Section 505 of the New Charter changes the duties of the City Clerk, in part by eliminating the City Clerk’s responsibility for issuing business licenses and regulating certain businesses; and WHEREAS, the City Council is adopting amendments to various chapters relating to licensing of certain businesses in accordance with Section 505 of the New Charter articulating the duties of the City Clerk, by transferring responsibilities for certain licensing and regulation of uses from the City Clerk to the Finance Department to effectuate the City Council’s desire to transfer these duties from the City Clerk to the Finance Department. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 3.55.030(E), 3.55.035(B), 3.55.040, 3.55.045(C),
3.55.050(A)(3)(ii), 3.55.050(B), 3.55.060(A), 3.55.060(B), 3.55.065, 3.55.080, 3.55.090,
3.55.110 and 3.55.150 of Chapter 3.55 of the San Bernardino Municipal Code entitled
“Transient Lodging Tax” are hereby amended to read as follows:
3.55.030(E) Collection of tax
In lieu of paying the transient lodging tax to an operator, a transient may remit the tax
directly to the City Clerk Finance Department. Any transient who opts to remit the transient
lodging tax directly to the City Clerk Finance Department shall provide written proof of such
remittance to the operator.
3.55.035(B) Exemptions
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B. Procedure. Each transient desiring an exemption from the transient lodging tax
must file a tax exemption certificate with the hotel at the time room rental payment is made to
the operator. The tax exemption certificate shall indicate the basis for the exemption and shall
be signed under penalty of perjury. Tax exemption certificate forms shall be prescribed by,
and may be obtained from, the City Clerk Finance Department.
3.55.040 Reports and remittances
A. General Deadline. Except as provided in subsection B, oOn or before the twenty
fifth day of each month, each operator shall deliver to the City Clerk Finance Department a
lodging information report for the prior month and shall remit to the City ClerkFinance
Department the transient lodging tax collected during the prior month. The lodging
information report shall indicate the amount received for room rental and the amount of
transient lodging tax required to be collected, and shall be signed under penalty of perjury.
Lodging information report forms shall be prescribed by, and may be obtained from, the City
Clerk Finance Department.
B. Alternate Deadline. An operator of a hotel open year-round may, with the written
consent of the City Clerk Finance Department, deliver lodging information reports and remit
transient lodging taxes on a quarterly basis. Applications to use the quarterly deadline shall be
made in writing.
3.55.045(C) Refunds
C. Procedure. Each person desiring a refund must file a refund claim with the City
ClerkFinance Department within three years of the date of remittance of the transient lodging
tax. The refund claim shall indicate the basis for the refund and shall be signed under penalty
of perjury. Refund claim forms shall be prescribed by, and may be obtained from, the City
Clerk Finance Department. No refund shall be paid unless the claimant produces written
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records demonstrating entitlement to the refund. The Finance Department shall refund any An
operator who receives a refund of tax improperly paid by anyother person shall forward the
refund to directly to such person within five days of receipt.
3.55.050(A)(3)(ii) Penalties
A. iInterest on the total of the tax and the delinquency penalty. Interest shall be at the
rate of eighteenten percent per annum and shall be computed from the sixty-first day of
delinquency until the date of remittance of the tax and delinquency penalty to the City Clerk
Finance Department.
3.55.050(B) Penalties
B. Fraud. If the City Clerk Finance Department determines that the nonpayment of a
transient lodging tax is due to fraud of the operator, then the operator shall pay, in addition to
the amount of the tax, a fraud penalty of twenty-five percent of the amount of the tax.
3.55.060(A) & (B) Determination of tax by City Clerk Finance Department
A. Determination. If an operator fails to collect and remit the transient lodging tax in
accordance with this Chapter, then the City Clerk Finance Department shall determine the
amount of tax owed by such operator. The City Clerk Finance Department may make such
determination based on an estimate of the amount due based on the information available.
B. Notice. Upon determining the amount of transient lodging tax and penalty due, the
City Clerk Finance Department shall notify the operator in writing. If the operator does not
request a hearing on such amount in writing within ten days of the date of issuance of the
notice, then the amount shall be conclusive and shall be remitted to the City on or before the
deadline specified in the notice.
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C. Hearing. If a timely hearing request is made, then the City Clerk Finance
Department shall notify the operator in writing of the date, time and place of a hearing on the
amount of transient lodging tax and penalty owed to the City at least ten days prior to the date
of the hearing. At such hearing, the operator may offer evidence to rebut the determination of
the City Clerk Finance Department. After such hearing, the City Clerk Finance Department
shall revise the initial determination as deemed appropriate and shall notify the operator in
writing of the final determination of the transient lodging tax and penalty that is due. Such
amount shall be remitted to the City within fifteen days from the issuance of the notice, unless
an appeal is filed as provided in this Chapter.
3.55.065. Appeal
Any operator who is aggrieved by a City Clerk Finance Department decision regarding
the amount of transient lodging tax or penalty owed by the operator may appeal to the Mayor
and Common Council City Council in accordance with the provisions of Chapter 2.64 of this
Code. Any transient who is aggrieved by a City Clerk Finance Department decision regarding
the amount of transient lodging tax owed by the transient may appeal to the Mayor and
Common Council City Council in accordance with the provisions of Chapter 2.64 of this
Code. Any amount that the Common Council Mayor and City Council determines is owed to
the City shall be remitted to the City Clerk Finance Department on or before the deadline set
by the Common Council Mayor and City Council.
3.55.080 Hotel registration
Within thirty days after the effective date of the ordinance codified in this Chapter, or
within thirty days after commencing business, whichever is later, each operator of a hotel
providing lodging space to transients shall register such hotel with the City Clerk Finance
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Department. Upon registration, the City Clerk Finance Department shall issue the operator a
“Transient Lodging Registration Certificate” that at a minimum states the following:
A. The name of the operator.
B. The address of the hotel.
C. The issuance date of the certificate.
D. This Transient Lodging Registration Certificate signifies that the person named on
the face thereof has fulfilled the requirements of the Transient Lodging Tax Ordinance by
registering with the City Clerk Finance Department for the purpose of collecting from
transients the Transient Lodging Tax and remitting said tax to the City Clerk Finance
Department. This certificate does not authorize any person to conduct any unlawful business
or to conduct any lawful business in an unlawful manner, nor to operate a hotel without
strictly complying with all local applicable laws, including but not limited to those requiring a
permit from any board, commission, department or office of this City. This certificate does
not constitute a permit.
Each operator shall at all times conspicuously post its Transient Lodging Certificate on
the premises of its hotel.
3.55.090 Immediate payment of tax on cessation of business
Any operator who ceases providing lodging space to transients shall deliver to the City
Clerk Finance Department a final lodging information report and shall remit to the City Clerk
Finance Department any transient Lodging tax owed the City. Such delivery and remittance
shall be performed within twenty-five days of the operator’s cessation of such activity.
3.55.110 Liens
A. The City Clerk Finance Department shall periodically prepare for the Common
Council Mayor and City Council a report showing:
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(i) delinquent transient lodging taxes and penalties that have not been received
by the City; and
(ii) the corresponding parcel number designations and addresses of the
properties on which the hotels are operated. The Common Council Mayor and City
Council shall consider such report and hear any objections thereto at a hearing for
which no less than a ten-day advance written notice has been provided to the subject
operators and property owners. The Common Council Mayor and City Council may
modify the report as deemed necessary and shall confirm the final report by resolution.
B. The City Clerk Finance Department shall file a certified copy of the confirmation
resolution with the Auditor of the County of San Bernardino, directing that the unpaid
transient lodging taxes and penalties be entered as lien charges against the respective
properties as they appear on the current assessment rolls. Liens will be collected at the same
time and in the same manner, subject to the same penalties and interest upon delinquencies, as
the general taxes for the City of San Bernardino are collected. The City Clerk Finance
Department shall present for recording appropriate notices of the imposition of these liens
with the County Recorder.
3.55.150 Enforcement-Citing authority
It shall be the duty of the City Clerk Finance Department, or his or her its authorized
representatives, to enforce the provisions of this Chapter. The City Clerk Finance Director and
his or her authorized representatives are hereby authorized and empowered to issue citations
and notices to appear for violations of the provisions of this Chapter.
SECTION 2. Chapter 3.60 of the San Bernardino Municipal Code is hereby repealed.
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SECTION 3. Section 3.64.010 is hereby amended to substitute the terms “Mayor and
City Council” in place of “mayor and common council”
SECTION 4. Sections 3.64.040(B), 3.64.050, 3.64.100(B) of Chapter 3.64 of the San
Bernardino Municipal Code entitled “Tax on Parking and Business Improvement Area” areis
hereby amended to read as follows:
3.64.010 Boundary descriptionsParking and Business Improvement Area
3.64.020 Rates
3.64.030 Proposed uses for proceeds
3.64.040 Collection
3.64.050 Special fund
3.64.060 (Repealed by Ord. MC-277, 6-08-83)
3.64.070 (Repealed by Ord. MC-277, 6-08-83)
3.64.080 (Repealed by Ord. MC-277, 6-08-83)
3.64.090 Issuance of business license - Payment of
additionalassessment tax required
3.64.070100 Delinquency Assessment of Penalties
3.64.010 Boundary descriptionsParking and Business Improvement Area
A. The mayor and common councilMayor and City Council may establish by
ordinance in accordance with state law one or more hereby establish a parking and business
improvement areas within the boundaries of the following as described area in the
ordinanceCity:
From a point beginning at the northwest corner of 6th and "G" Streets, south on "G" Street to
the southwest corner of Second and "G" Streets east to the southeast corner of Second Street
and Arrowhead Avenue, north to the northeast corner of Arrowhead Avenue and 6th Street,
and west on 6th Street to the point of beginning.
B. There ismay be imposed upon each type of business, including any profession,
conducted within said parking and business improvement area, an annual assessment tax
during each fiscal year taxing period of 1966 and succeeding yearsafter formation, in addition
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to the tax imposed upon such business pursuant to the business licensing provisions of this
Municipal CodeOrdinance 763.10. Such additional taxassessment shall be imposed at the rates
set forth in Section 3.64.020 the enacting ordinance for the specified classifications regardless
of whether the business is taxed upon a flat rate or gross receipts or other basis, and reassessed
annually as required by state law. Such additional taxassessment shall be imposed upon each
business in accordance with the classifications set forth in Chapter 5.04 of this Municipal
Code. the enacting Oordinance 763. which classifications are incorporated in this section by
reference.
B. The mayor and common council hereby establish a parking and business improvement area
within the boundaries of the following described area in the City: From a point beginning at
the southwest corner of Second Street and the eastern boundary of the Barstow Freeway (U.S.
395), east on Second Street to the southeast corner of Second and "G" Streets, north of "G"
Street to the northeast corner of "G" Street and Fourth Street, west on Fourth Street to the
northwest corner of Fourth Street and the Barstow Freeway (U.S. 395), and then south along
the eastern boundary of the Barstow Freeway (U.S. 395) to the point of beginning.
There is imposed upon each type of business, including any profession, conducted within said
area, a tax during each taxing period of 1972 and succeeding years, in addition to the tax
imposed upon such business pursuant to Ordinance 763.11 Such additional tax shall be
imposed at the rates set forth in Section 3.64.020 for the specified classifications regardless of
whether the business is taxed upon a flat rate or gross receipts or other basis. Such additional
tax shall be imposed upon each business in accordance with the classifications set forth in
Ordinance 763 which classifications are incorporated in this section by reference.
3.64.020 Rates
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Rates for such assessments in addition to business license taxes shall be established in
the ordinance creating each specific Parking and Business Improvement Area based upon the
classifications specified in Chapter 5.04 of this Municipal Code. therein.
A. The additional rate imposed upon each such classification shall be as follows:
1. An additional annual tax of twelve and one-half percent (12 ½%) upon those businesses
conducted within the area classified as "professional" or "manufacturing and wholesale" for
the period of July 1, 2001 through June 30, 2002.
2. An additional tax of fifty percent (50%) shall be imposed upon any other business
conducted within the area for the period of July 1, 2001 through June 30, 2002.
B. Effective July 1, 2002, the rates imposed in Section A.1 and A.2 of this section are hereby
repealed and are no longer in force and effect and no such further rates will be assessed.
3.64.030 Proposed uses for proceeds
The proposed uses to which the proceeds obtained from the additional taxassessments
on businesses within the specific area shall be put are:
A. The acquisition, construction and maintenance of parking facilities for the benefit
of the area;
B. Decoration of any public place in the area;
C. Promotion of public events which are to take place on or in public places in the
area;
D. Furnishing of music in any public place in the area;
E. The general promotion of retail trade activities in the area.
3.64.040(B) Collection
B. All moneys and revenue collected pursuant to this Chapter and the applicable
enacting ordinance shall be deposited in the general fund, and the City Clerk Finance
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Department will prepare and submit monthly to the finance officer a statement showing the
moneys collected and to be transferred from the general fund to the applicable parking and
business improvement fund as provided in section 3.64.050.
3.64.050 Special fund
A special fund designated as the "parking and business improvement fund" is created.
If more than one parking and business improvement area is created in the City, a special fund
shall be designated for each such area by name. All moneys and revenue collected pursuant to
this Chapter shall be deposited in the general fund, and the City Clerk Finance Department
will prepare and submit monthly to the finance officer a statement showing the moneys
collected and to be transferred from the general fund to theeach specific parking and business
improvement fund.
3.64.0690 Issuance of business license - Payment of assessment additional tax
required
A. No business license shall be issued to any business within the boundaries of the
area pursuant to Ordinance 763Chapter 5.04 unless the additional business license tax
assessment imposed by this Chapter the enacting ordinance is paid together with the business
license tax payable pursuant to and imposed by Ordinance 763 the business license provisions
of Chapter 5.04 of this Municipal Code.
B. Any person, firm, or corporation operating or carrying on a business license as
provided for in this section shall be subject to all penalties, both civil and criminal, as are
provided therefor in Ordinance 763 Chapter 5.04 and Business and Professions Code Section
16240 for operating a business without a valid business license.
3.64.070100 Delinquency - Assessment of penalties
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A. The time of delinquency for the assessment of penalties for all taxesassessments
covered by this Chapter shall be the same as set forth in Section 5.04.075 for the business
license tax.
B. Payments of the taxassessment which are received in the City Clerk’s office
Finance Department after the applicable delinquent dates, or bearing a postmark after said
dates, as set forth in Section 5.04.075, shall be deemed delinquent and subject to penalty
assessment.
C. For failure to pay the taxassessment on or before the start of business, or for failure
to pay the taxassessment before the applicable delinquent date, there is imposed a penalty of
fifty percent of the taxassessment. An additional penalty of fifty percent of the taxassessment
shall be imposed on the last day of the third consecutive month of delinquency. Such penalties
shall be added to the taxassessment due.
SECTION 4. Sections 5.44.025, 5.44.030, 5.44.040, 5.44.050, 5.44.070, 5.44.086 and
5.44.100 of Chapter 5.44 of the San Bernardino Municipal Code entitled “COIN-OPERATED
GAME MACHINES” are hereby amended as follows:
5.44.025 Responsibilities of business operator upon whose premises game
machines are found
A. It is unlawful for any person operating any business enterprise within the City to
have in operation upon the premises of such person any coin-operated game machine as
defined in this chapter which does not have affixed thereto or posted in a conspicuous place
nearby the tag or plate issued under this chapter as required by Section 5.44.080. This section
shall not apply to a person owning, operating and maintaining not more than two coin-
operated games as an incidental business used at a local place of business having the requisite
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business license pursuant to Article I of this title, so long as the person actually owns, operates
and maintains the machine himself.
B. Any person operating any business enterprise within the City which has in
operation upon the premises of such person any coin-operated game machine as defined in
this chapter shall, at the time of renewal of the annual business license for such business,
provide to the City Clerk Finance Department a list of all game machines then on the
premises, and the names and addresses of the distributors of each such machine.
C. Each such business operator shall notify the City Clerk Finance Department within
ten days after any change is made in the number of game machines on his premises for which
a license is required, or after any change in the name or address of the distributor of any such
machine is made. Any such person shall also notify the City Clerk Finance Department
immediately if an untagged game machine is installed upon his premises.
5.44.030 Operator's permit - Application
A. An applicant for a game machine operator's permit shall submit an application to
the City Clerk Finance Department which application shall be under penalty of perjury and
upon a form supplied by the City Clerk Finance Department. Such application shall include
the true names, addresses, and past criminal record, if any, of the applicant and of all persons
financially interested in the applicant's business, and such other information as may be
deemed necessary by the City Clerk, Chief of Police and Mayor and Common Council
Finance Department and Chief of Police to determine whether such game machine operator's
permit shall be granted. The application shall be accompanied by a fully executed fingerprint
card as to each such applicant, prepared under the direction of the Chief of Police. An
applicant shall pay a fee of two hundred and fifty dollars two hundred and ninety three dollars
or such fee as may be subsequently be set by Resolution of the Mayor and City Council, to
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cover the costs of the investigation required by Section 5.44.040, and shall provide to the
Chief of Police a money order payable to the California Department of Justice in such amount
as required by that agency to process its report to the City based upon the fingerprint card
provided. A fifty dollar annual permit fee, or such fee as may subsequently be set by
Resolution of the Mayor and City Council, shall be paid at the time of issuance of a permit,
which fee shall be prorated in the event that a permit is only for part of a year. A permit may
be renewed annually upon payment of the annual permit fee.
B. “Persons financially interested” includes all persons who are officers or directors of
a corporation or share-holders holding more than three percent of the shares thereof or persons
who share in the profits of a non-corporate business on the basis of gross or net revenue, but it
does not include persons who receive a portion of such gross or net revenue in return for the
privilege of permitting any other person to maintain such coin-operated game machine in their
place of business.
5.44.040 Investigation
The City Clerk shall refer a copy of the application to the Chief of Police who Chief of
Police shall carefully investigate the applicant and the facts and circumstances concerning the
application submitted to him/her pursuant to Section 5.44.030.
5.44.050 Issuance of permits
A. The Chief of Police shall either approve or deny the issuance of the permit to the
applicant within forty-five days of the date that the copy of the application is submitted to
him. The Chief of Police may deny a permit on any of the following grounds:
1. The operation will not comport with the peace, health, safety, convenience and
general welfare of the public;
2. The application is not complete in that all requested information is not supplied;
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3. The operation has been or is a public nuisance;
4. The operation would be in violation of a City ordinance, state law or federal law;
5. The applicant has bad moral character been found guilty, pled guilty and/or pled no
contest to a crime of moral turpitude;
6. The applicant made a false, misleading or fraudulent statement of fact in his
application for a permit;
7. The operation by the applicant will be carried on in a building, structure and
location which does not comply with and meet all of the health, zoning, fire and safety
requirements and standards of the laws of the state and ordinances of the City;
8. The applicant, his employee, agent, or any person connected or associated with the
applicant as a partner, director, officer, stockholder, associate, or manager has allowed or
permitted acts of sexual misconduct or lewd conduct to be committed within prior or present
business operations;
9. The applicant has within the year prior to the application date willfully violated any
provisions of this Chapter or of the City licensing provisions in Title 5.
B. The Police Chief of Police shall notify the applicant of the grant of a permit, or of
the denial of his or her application for a permit and the reasons therefor. Service of such
notice shall be made personally or by certified mail. The notice shall include or be
accompanied by a statement that the applicant may request a hearing before the Mayor and
Common Council City Manager by filing with the City Clerk a written request thereof within
ten days after service upon him of the notice of the denial of his application and that failure to
do so will constitute a waiver of his or her right to a hearing.
5.44.060 Hearing upon denial of permit
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Within ten days after service upon the applicant of a written notice of the Police
Chief's denial of application for a permit, the applicant may file a request for hearing in
writing and signed by or on behalf of the applicant and shall state his or her mailing address. It
need not be verified or follow any particular form. Failure to file such a request for a hearing
shall constitute a waiver of the applicant's right to a hearing. No further notice other than
notice of the date and place of hearing need be served on the applicant. Hearings granted
under this section shall allow for the applicant to be represented by counsel. The decision of
the Mayor and Common Council City Manager shall be final.
5.44.070 Game machine tag
Upon the issuance of any game machine operator's permit, the applicant therefore shall
notify the City Clerk Finance Department in writing of the location of each coin-operated
game machine, and in the event of any change in the location of any machine, the permittee
shall notify the City Clerk Finance Department of the change within ten days including the
address of the new location. At the time of issuing a business license for any coin-operated
game machine, the City Clerk Finance Department shall issue a tag or plate for each machine
to be operated by the game operator within the City limits, and such tags or plates shall be
given serial numbers consecutively in the order of their issuance. The tags and plates shall be
of wear-resistant materials.
5.44.086 Untagged machines; nuisance; reconnection fees; administrative fees
A. Any machine not having the tags required by Section 5.44.080 or the information
required by Sections 5.44.085 and 5.44.025 Subsection B is declared a nuisance, and shall be
subject to disconnection by the City. A representative of the City shall be authorized to
disconnect and render said machine inoperative, following which the machine shall not be
reconnected or returned to operation within the City until the game machine operator has paid
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to the City Clerk Finance Department a reconnect fee of twenty-five dollars, or such amount
as subsequently set by Resolution of the Mayor and City Council, and has paid the business
license fee applicable to each machine under Section 5.04.275 of the Code. No person shall
reconnect any machine which has been disconnected or rendered inoperative by a
representative of the City, without prior payment of the reconnect fee to the City. No operator
of the business upon whose premises the machine is located shall permit such machine to be
reconnected without prior payment of the reconnect fee.
B. The City Clerk Finance Department shall assess the person operating a business
enterprise within the City upon whose premises one or more untagged game machines are
found for each such untagged game machine, and for each game machine for which the
information required under Sections 5.44.085 and 5.44.025 Subsection B has not been
provided, an administrative fee in an amount computed to cover the average cost of
investigating, locating, disconnecting and controlling untagged game machines and
inadequately identified game machines. This assessment shall be the average cost of such
procedures, initially in an amount of fifty dollars, or such amount as subsequently set by
Resolution of the Mayor and City Council, for each such untagged game machine, and for
each inadequately identified machine, which administrative fee shall hereafter be subject to
periodic review and determination by the City Clerk Mayor and City CouncilMayor and City
Council, based upon the experienced costs of such control and regulation. Such assessment
shall be in addition to any reconnection fee imposed under Section 5.44.086 Subsection A. No
such fee shall be assessed as to any such untagged machine when the business operator has
notified the City Clerk Finance Department, under the provisions of Section 5.44.025
Subsection B, in advance of the City Clerk’s City's representative appearing at the scene, that
such untagged machine was located upon the premises. Any fee assessed by the City Clerk
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shall be subject to appeal by the person assessed to the Mayor and Common Council. Failure
to pay any assessment within ten days after notice of imposition thereof or, if appealed, within
ten days after decision by the Mayor and Common Council, shall be an omission justifying
suspension of any business licensee's business license under the provisions of San Bernardino
Municipal Code Section 5.04.650. In the alternative, the City Clerk Finance Department may
notify the person assessed that the business license for those premises will not be renewed, or
reissued until all outstanding assessment fees have been paid.
5.44.100 Revocation of permit
The City Clerk Finance Department Finance Department shall have the power, for
good cause shown, to revoke or suspend any game machine operator's permit issued under
this Chapter. Failure to pay any reconnect fee provided for in Section 5.44.086, or any
conduct deleterious to the public health, welfare or morals, and the existence of any of the
reasons for a denial of a permit as set forth in Section 5.44.050, shall each constitute good
cause for suspension or revocation. Any such suspension or revocation shall be subject to
appeal to the Mayor and Common Council as provided for in Chapter 2.64 of the San
Bernardino Municipal Code, and the suspension or revocation shall be stayed pending the
hearing before the Mayor and Common Council City Manager. The City Manager shall
provide a hearing of such appeal, with notice and opportunity to present evidence, witnesses,
and arguments. The formal rules of evidence shall not apply. The City Manager shall issue a
written decision explaining the basis of his or her decision on the appeal and a copy of the
written decision shall be mailed to the appellant. The suspension or revocation shall be stayed
pending the hearing.
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SECTION 5. Sections 8.60.020, 8.60.030, 8.60.040, 8.60.050(E), 8.60.060, 8.60.080,
8.60.090 and 8.60.160 of Chapter 8.60 of the San Bernardino Municipal Code entitled
“Fireworks” are hereby amended as follows:
8.60.020 License - Required
Except as provided in this Chapter, it is unlawful for any person, organization, group
or association, etc. to offer for sale or sell at retail any fireworks of any kind in the City
without having first applied for and received a license from the City ClerkFinance
Department.
8.60.030 License - Application - Public liability insurance
All applications for a license to sell fireworks shall:
A. Be made in writing and accompanied by the feetax set forth in Section
8.60.090 in addition to a non-refundable fireworks administrative fee of fifty dollars,
or such other amount as shall be subsequently set by Resolution of the Mayor and City
Council. The fee will be used to defray the administrative costs of the fireworks
program. Applications shall be made between the first day and the last day of March
of each year except when the last day falls on a Saturday, Sunday or legal holiday, the
following business day shall be determined to be the last day;
B. Set forth the proposed location of the fireworks stand applied for. The
stands must be on private property located in Commercial General (CG) or
Commercial Regional (CR) General Plan Land Use Districts and the written
permission of the owner of record or lessee must accompany the application;
C. Be accompanied by an assurance that if the license is issued to applicant,
applicant shall, at the time of receipt of the license, deliver to the City Clerk's office
Finance Department a minimum of one-million dollars public liability and property
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damage insurance policies with riders attached to the policies designating the City as
an additional insured under this Chapter, and a copy of the requisite permit from the
State Fire Marshal.
D. Include a copy of the applicant's 501(c) (3),(4),(5),(6),(8),(10),(19),(20), or
501(d) verification of nonprofit status, or demonstrate that it is a non-profit
organization, group, association, etc., which is organized primarily for veteran,
patriotic, welfare, civic or social betterment (including public or private school clubs,
groups, organizations or such other public or private school affiliates), or charitable
purposes.
E. All applicants shall be required to demonstrate how revenues received
would benefit the citizens of San Bernardino by submitting official board minutes
detailing the intent and authorization to sell fireworks. Such minutes shall detail what
sites, populations, or projects within the City will benefit and for what purposes;
F. Have attached a completed financial statement form that describes
anticipated revenues, expenses, and profits. Such form will be provided by the Finance
DepartmentCity Clerk's Office to each applicant. The information contained in this
form shall furthermore detail how much money will be provided to the projects
mentioned pursuant to subsection (E) above. No less than ninety percent of the net
profits derived from the sale of fireworks in the City by the applicant shall be utilized
for the direct advancement of the applicant’s stated non-profit purposes within the City
of San Bernardino in accordance with subsection (E) above.
8.60.040 Licenses - Notice of granting or rejection
Applicants for any such license shall be notified by the Finance DepartmentCity
Clerk’s office by April 15th of the granting or rejection of such application for a license. No
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license shall be issued if the applicant fails to provide all the information or fails to meet all
the criteria specified in Section 8.60.030, or any other provision of this Chapter. The decision
of the City ClerkFinance Department may be appealed to the Mayor and Common
CouncilCity Council under the provisions of Chapter 2.64. The decision of the Mayor and
Common CouncilCity Council shall be final.
8.60.050 License - Prerequisites to issuance
E. After 2003, aAll qualified applicants who held a license the immediate previous
year, whether as an individual or as part of a joint venture, shall have priority for the available
licenses for the immediate next year. After 2003, priority will also be given to any joint
venture which has at least one qualified applicant who held a license during the previous year.
However, after 2003, if the total number of qualified applicants who were licensees or co-
licensees from said previous year exceeds 35 licenses because the membership(s) of joint
venture(s) has changed or the joint venture ceases to exist, then those qualified applicants
which were part of such joint venture(s) shall lose their priority and shall be placed in a lottery
drawing for any remaining available licenses after all other qualified applicants from the
immediate previous year are granted licenses. After 2003, iIf the total number of qualified
applicants who were licensees or co-licensees from the immediate previous year does not
exceed 35 licenses, then any remaining licenses shall be determined by lottery and shall be
granted by a drawing supervised by the City ClerkFinance Director. Any prior licensee, the
license of which has been suspended under the provisions of Section 8.60.060, shall be
eligible for a new license only upon satisfying the Fire Chief or the Police Chief that suitable
arrangements have been made to preclude future violations.
8.60.060 Suspension of license - Appeal procedure
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A. The Fire Chief or his/her designee and the Police Chief or his/her designee shall
each be authorized to suspend immediately and without notice or formal hearing the license of
any licensee which violates any rule, regulation or ordinance while operating or preparing to
operate a fireworks stand during or immediately preceding any period of sale. If the Fire Chief
or his/her designee or the Police Chief or his/her designee establishes that a violation has
occurred too late to suspend the license during the period of sale, he/she shall have power to
suspend the licensee from future licenses, and to suspend the priority of the licensee, for any
such violation found to have occurred during or immediately preceding or immediately
following the authorized period of sale.
B. The decision of the Fire Chief or his/her designee or the Police Chief or his/her
designee to suspend the license of any licensee shall be subject to review by the Mayor or
his/her designee City Manager. In view of the limited sales period each year, for suspensions
affecting the sale period, such hearing shall be held at the earliest possible time that the
licensee, the Mayor or his/her designee, and the representative of the Fire Chief or Police
Chief can schedule such hearing, provided that in every case, said hearing shall be held within
72 hours of the Fire Chief’s or Police Chief's decision. For suspensions after the sale period,
the hearing shall be held within one month after the request for hearing, which request must
be made within fifteen days after notice of the suspension. The Mayor, or his/her designee,
City Manager is authorized to set aside the suspension, or to modify the suspension by
limiting its effect to only one or more days, or by setting aside the forfeiture of priority status
for future years. The decision of the Mayor or his/her designee City Manager may be appealed
to the Mayor and CommonCity Council under the provisions of Chapter 2.64. The decision of
the Mayor and CommonCity Council shall be final.
8.60.080 Requirements for Fireworks Supplier
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Prior to the issuance of a license, each applicant shall file with the City Clerk Finance
Department a cash deposit, certificate of deposit or a surety bond posted by the fireworks
supplier and made payable to the City in the amount of three hundred dollars ($300.00), or
such other amount as may be subsequently set by Resolution of the Mayor and City Council
to ensure compliance with the provisions of this Chapter. Such deposit or certificate shall be
refundable upon compliance with the provisions and requirements of this Chapter, including
but not limited to the removal of the stand and the cleaning of the site. In the event the
fireworks supplier does not so comply to remove the stand or clean the site in the manner
required by the Director of the Community Development Services Department, the City may
do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be
a charge against the fireworks supplier and his/her surety and the deposit, certificate or bond.
8.60.090 License tax
As set by Ordinance No. 2884, the license tax for the selling of fireworks within the
City shall be two hundred dollars per year per stand which feetax must be paid at the time
application for a stand is filed with the City Clerk’s office Finance Department.
8.60.160 Financial Reporting
No later than August 31st of each year (or the next working day if August 31 falls on a
Saturday, Sunday or legal holiday), each licensee operating a stand or participating in a joint
venture shall submit to the City Clerk Finance Department a financial summary of the total
sales from fireworks on the financial summary form provided by the City ClerkFinance
Department’s Office. The financial summary shall have a summary of actual expenses,
revenues, and profit for that year and shall have receipts attached for all expenses for each
stand as well as any incentive payments, gifts, or other financial consideration provided to
members of the licensee or its volunteers. Licensees failing to comply with the afore-
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mentioned financial summary deadline of August 31st shall be ineligible to receive a license
for the sale of fireworks the following year either as an individual licensee or as a member of
a joint venture.
SECTION 6. Section 12.32.050 of Chapter 12.32 of the San Bernardino Municipal
Code entitled “HOUSE NUMBERS” is hereby amended as follows:
12.32.050 Curb house number business license required
A. It is unlawful for any person, firm, corporation, co-partnership or association, either
as owner, agent or otherwise to paint or otherwise place house numbers on curbs of streets in
the City without first :
1. Oobtaining a curb house number business license from the City ClerkFinance
Department, and paying the fee therefor.;
2. Filing a faithful performance bond with the Director of Public Services in
the amount of one thousand dollars;
B. A local nonprofit organization shall be exempt from the filing of a faithful
performance bond upon the presentation of satisfactory evidence to the Director of Public
Services that it is knowledgeable of the requirements for and capable of performing the
painting of house numbers on street curbs.
SECTION7. Sections 14.08.08, 14.08.09, 14.08.10, 14.08.11, 14.08.12, 14.08.15,
14.08.17B, and 14.08.19, 14.08.23D.3, and 14.08.27 of Chapter 14.08 of the San Bernardino
Municipal Code entitled “Cable, Video and Telecommunications Service Providers” are
hereby amended as follows:
14.08.08 Rights Reserved to the City
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A. Subject to any restrictions that are mandated by state or federal law, neither
the granting of any franchise nor any provisions of this chapter shall be construed to
preclude the City from granting additional franchises.
B. By its acceptance of a franchise, a Grantee agrees to comply with all lawful
ordinances and regulations of general application now in effect or subsequently
enacted; provided, however, that such ordinances and regulations shall not materially
affect Grantee's rights or obligations under the franchise.
C. Neither the granting of a franchise, nor any provisions of this chapter, shall
constitute a waiver or bar to the City's lawful exercise of any governmental right or
power.
D. This chapter shall not be construed to impair or affect, in any way, the right
of the City to acquire the Grantee's property through the exercise of the power of
eminent domain, in accordance with applicable law.
E. The Mayor and CommonCity Council may do all things necessary in the
exercise of its jurisdiction under this chapter and may determine any question of fact
that may arise during the term of any franchise granted under this chapter.
F. Any right or power in, or duty imposed upon any officer, employee,
department, or board of the City shall be subject to transfer by the City to any other
officer, employee, department, or board of the City.
14.08.09. Transfers and Assignments
A. Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in
part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or
otherwise, the franchise or any of the rights or privileges therein granted, without the prior
written consent of the Mayor and CommonCity Council. Any attempt to sell, transfer, lease,
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assign, or otherwise dispose of the franchise without the written consent of the Mayor and
CommonCity Council is null and void. The granting of a security interest in any assets of the
Grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the
purposes of this section.
B. The requirements of paragraph A of this section apply to any change in control of
Grantee. The word "control" as used herein is not limited to the ownership of major
stockholder or partnership interests, but includes actual working control in whatever manner
exercised. If Grantee is a partnership or a corporation, prior authorization of the City is
required where ownership or control of 25% or more of the partnership interests or of the
voting stock of the corporation, or any company in the tier of companies controlling the
Grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in
concert, none of whom, individually or collectively, owns or controls those partnership
interests or that voting stock of the Grantee, or Grantee's upper tier of controlling companies,
as of the effective date of the franchise.
C. Unless precluded by federal law, Grantee must give prior written notice to the City
of any proposed foreclosure or judicial sale of all or a substantial part of the Grantee's
franchise property. That notification will be considered by the City as notice that a change in
control of ownership of the franchise will take place, and the provisions of this section that
require the prior written consent of the Mayor and CommonCity Council to that change in
control of ownership will apply.
D. For the purpose of determining whether it will consent to an acquisition, transfer, or
change in control, the City may inquire about the qualifications of the prospective transferee
or controlling party, and Grantee must assist the City in that inquiry. In seeking the City's
consent to any change of ownership or control, Grantee or the proposed transferee, or both,
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must complete Federal Communications Commission Form 394 or its equivalent. This
application must be submitted to the City not less than 120 days prior to the proposed date of
transfer. The transferee must establish that it possesses the legal, financial, and technical
capability to remedy all then-existing defaults and deficiencies, and during the remaining term
of the franchise, to operate and maintain the cable system and to comply with all franchise
requirements. If the legal, financial, and technical qualifications of the proposed transferee are
determined to be satisfactory, then the City will consent to the transfer of the franchise.
E. Any financial institution holding a pledge of Grantee's assets to secure the advance
of money for the construction or operation of the franchise property has the right to notify the
City that it, or a designee satisfactory to the City, will take control of and operate the cable
television system upon Grantee's default in its financial obligations. Further, that financial
institution must also submit a plan for such operation within 90 days after assuming control.
The plan must ensure continued service and compliance with all franchise requirements
during the period that the financial institution will exercise control over the system. The
financial institution may not exercise control over the system for a period exceeding one year
unless authorized by the City, in its sole discretion, and during that period it will have the
right to petition the City to transfer the franchise to another Grantee.
F. Unless prohibited by applicable law, Grantee must reimburse the City for the City's
reasonable review and processing expenses incurred in connection with any transfer or change
in control of the franchise, as provided for in Section 14.08.15.
14.08.10 Franchise Service Area; Annexations
A. The franchise service area shall be established in the franchise agreement.
B. Territory annexed to the City that is not within the service area of a franchised or
licensed cable operator at the time of annexation may be included within the franchise service
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area of an incumbent cable operator, as determined by Mayor and CommonCity Council
resolution.
C. Territory annexed to the City that is included within the service area of a franchise
or license issued by a local franchising authority other than the City is subject to the following
provisions:
1. If the franchisee or licensee has not commenced construction or installation
of a cable system before the annexation becomes effective, then all rights acquired by
a cable operator under that franchise or license will terminate by operation of law.
2. If the franchisee or licensee has commenced construction or installation of a
cable system before the annexation becomes effective, then that franchisee or licensee
may continue to provide cable service to the annexed territory in accordance with the
terms and conditions of the existing franchise or license, provided that all obligations
thereunder, including the timely payment of franchise fees and PEG support fees, if
any, shall be due and owing to the City by operation of law.
14.08.11 Application for New Franchise; Contents
A. An application for the grant of a new franchise may be submitted by any person
pursuant to the requirements of this chapter and subject to the terms of the City's schedule of
fees, as such schedule may from time to time be amended. The City may, by advertisement or
any other means, solicit applications for a new franchise by issuing a request for proposals.
B. An application for a new franchise to construct, install, operate, or maintain a cable
system in the City shall be filed with the City Clerk Finance Department and shall be on forms
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prescribed by the City. The City reserves the right to waive all application formalities where
the City determines that the best interests of the City would be served by such waiver.
14.08.12 Franchise Approval
A. The City may make such investigation as it deems necessary to determine the
ability of an applicant to satisfactorily perform its obligations under a franchise. The applicant
shall timely furnish to the City such additional information as the City may request.
B. Upon receipt of a complete application, and following the City's investigation and
review of that application, the City Manager shall prepare a report and make
recommendations to the Mayor and CommonCity Council concerning the application.
C. The Mayor and CommonCity Council shall hold a noticed public hearing on the
application. Written notice shall be given to the applicant at least 10 days prior to the hearing
by U.S. mail, postage prepaid, and by publication once in a newspaper of general circulation
within the City. Within 60 days after the close of the hearing, unless an extension of time is
mutually agreed upon by the City and the applicant, the Mayor and CommonCity Council
shall make a written decision on whether the franchise should be granted, and if granted,
subject to what conditions.
D. In determining whether to grant an application for a new franchise, the City may
consider all factors that affect the interests of the community including, but not limited to, the
quality of the proposed cable service, the areas to be served, the rates to be charged, the
amount of franchise fees to be generated, the experience, character, background, performance
history, and financial responsibility of an applicant (and its management and owners), the
technical performance and quality of equipment, the applicant's willingness and ability to
meet construction requirements, and all other matters deemed relevant by the City to protect
the interests of the City and the public.
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E. The decision of the Mayor and CommonCity Council concerning the granting or
denial of a franchise pursuant to this chapter shall be final.
14.08.15 Franchise Application Processing Costs
A. In connection with any application for a new franchise, a franchise modification
requesting entry into a new area of the City, a franchise renewal, or a franchise transfer,
applicant shall pay an application fee deposit equal to the City's estimated costs in processing
and reviewing the application, as such costs may be established from time to time by
resolution of the Mayor and CommonCity Council. Such costs shall include all estimated
administrative, consultant, noticing, and document preparation expenses. No application shall
be considered without payment of the application fee deposit. If the application fee deposit is
less than the City's actual costs, the applicant shall pay such additional costs to the City within
30 days after written notice from the City that such additional payment is required. If payment
of such amount is not made within such time, the City shall cease all further proceedings
related to the application. If actual costs are less than the application fee deposit, the
remaining balance will be refunded to the applicant.
14.08.17 Contents of Cable Television Franchise Agreements
B. If there is any conflict or inconsistency between the provisions of a franchise
agreement authorized by the Mayor and CommonCity Council and provisions of this Section
14.08.17, the provisions of the franchise agreement will control.
14.08.19 Application Required
A. Before commencing the delivery of video programming services to consumers in
the City over an open video system, the open video system operator must file an application
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with the City. That application must include or be accompanied by the following, as
applicable:
1. The identity of the applicant, including all affiliates of the applicant.
2. Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR
§76.1503(b)
(1), and the Order of the FCC, all of which relate to certification of the
applicant to operate an open video system in accordance with Section 653(a)(1)
of the Communications Act and the FCC's rules.
3. The area or areas of the City that the applicant desires to serve.
4. A description of the open video system services that will be offered by the
applicant over its existing or proposed facilities.
5. A description of the transmission medium that will be used by the applicant
to deliver the open video system services.
6. Information in sufficient detail to establish the applicant's technical
qualifications, experience, and expertise regarding the ownership and operation of the
open video system described in the application.
7. Financial statements prepared in accordance with generally accepted
accounting principles that demonstrate the applicant's financial ability to:
a. Construct, operate, maintain and remove any new physical plant that
is proposed to be constructed in the City.
b. Comply with the City's PEG access channel requirements as
specified below in Section 14.08.21 (B)(4).
c. Comply with the City's requirement that gross revenue fees be paid
in the sum of 5 percent (5%), as specified below in Section 14.08.21 (B)(2).
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8. An accurate map showing the location of any existing telecommunications
facilities in the City that the applicant intends to use, to purchase, or to lease.
9. If the applicant's operation of the open video system will require the
construction of a new physical plant in the City, the following additional information
must be provided:
a. A preliminary construction schedule and completion dates.
b. Preliminary engineering plans, specifications, and a network map of
any new facilities to be constructed in the City, in sufficient detail to identify:
(i) The location and route requested for the applicant's proposed
facilities.
(ii) The locations, if any, for interconnection with the facilities
of other telecommunications service providers.
(iii) The specific structures, improvements, facilities relocate on
a temporary or permanent basis.
c. The applicant's statement that, in constructing any new physical
plant, the applicant will comply with all applicable ordinances, rules, and
regulations of the City, including the payment of all required permit and
processing fees.
10. The information and documentation that is required to be submitted to the
City by a video provider, as specified below in paragraph B of Section 14.08.23.
11. Such additional information as may be required by the City Manager.
12. A nonrefundable filing fee in an amount established by resolution of the
Mayor and CommonCity Council.
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B. If any item of information specified above in paragraph (a) is determined under
paramount federal or state law to be unlawful, the City Manager is authorized to waive the
requirement that such information be included in the application.
14.08.23 Video Providers - Registration; Customer Service Standards
D. (3) Administration, Notice, and Appeal.
a. The City Manager is authorized to administer this paragraph D. Decisions by the
City Manager to assess penalties against a video provider must be in writing and must contain
findings supporting the decisions. Decisions by the City Manager are final, unless appealed to
the Mayor and CommonCity Council.
b. If the video provider or any interested person is aggrieved by a decision of the City
Manager, the aggrieved party may, within 10 days of the written decision, appeal that decision
in writing to the Mayor and CommonCity Council. The appeal letter must be addressed to the
City Clerk and must be accompanied by any applicable fee established by the Mayor and
CommonCity Council for processing the appeal. The Mayor and CommonCity Council may
affirm, modify, or reverse the decision of the City Manager.
c. The imposition of monetary penalties under subsection (1) above is subject to the
following requirements and limitations:
(i) The City must give the video provider written notice of any alleged material breach
of the consumer service standards and must allow the video provider at least 30 days from
receipt of that notice to remedy the breach.
(ii) For the purpose of assessing monetary penalties, a material breach will be deemed
to have occurred for each day following the expiration of the period for cure specified in
subparagraph (i) above that the material breach has not been remedied by the video provider,
irrespective of the number of customers affected.
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(iii) In assessing monetary penalties under this paragraph D, the City Manager, any
designated hearing officer, or the Mayor and CommonCity Council, as applicable, may take
into account the nature, circumstances, extent and gravity of the violation and, with respect to
the video provider, the degree of culpability, any history of prior violations, and such other
matters as may be relevant. If warranted under the circumstances, the monetary penalty to be
assessed may be less than the maximum penalty authorized above in subsection D (1).
14.08.27 Violations; Enforcement
A. Any person who willfully violates any provision of this chapter is guilty of a
misdemeanor and is punishable as provided for in Chapter 1.12 of Title 1 of this Code.
B. The misdemeanor penalty specified above in paragraph A is not applicable to a
violation of any provision of this chapter for which another sanction or penalty may be
imposed under any franchise, license, lease, or similar written agreement between the City
and a multichannel video programming distributor or other telecommunications service
provider.
C. The City may initiate a civil action in any court of competent jurisdiction to enjoin
any violation of this chapter. The Mayor and CommonCity Council hereby declares that the
provisions of this Ordinance are severable, and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph or section of this Ordinance to be invalid, or if
any provision of this ordinance be invalidated by the enactment of a state or federal statute,
such judicial decision or statute enactment shall not affect the validity of the remaining parts
of this Ordinance.
SECTION 8. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
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such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 9. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 10. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE NO. MC-1484
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTERS 3.55, 3.64, 5.44, 8.60, 12.32, AND 14.08 TRANSFERRING LICENSING OF CERTAIN BUSINESSES AND USES FROM THE CITY CLERK TO THE FINANCE DEPARTMENT OF THE CITY OF SAN BERNARDINO AND REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 3.60 RELATED TO THE CIGARETTE TAX
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _______________________ meeting
thereof, held on the _____ day of ______________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of __________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:____________________
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ORDINANCE NO. MC-1485
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.16 ENTITLED “FIRE, REMOVAL, OR CLOSING-OUT SALES” WHEREAS, at the November 8, 2016 general election, the People of the City of San Bernardino adopted Measure L which amended the City of San Bernardino’s Charter (“New Charter”); and WHEREAS, as a result of the New Charter, the City Council is adopting amendments to the San Bernardino Municipal Code (“Municipal Code”) in order to bring it into conformity with the New Charter; and WHEREAS, in addition to amendments to the Municipal Code for conformity with the New Charter, staff is also presenting to the City Council some revisions to the Municipal Code that are appropriate due to the provisions’ irrelevance, unconstitutionality, or otherwise no longer being necessary; and WHEREAS, the repeal of Chapter 5.16 of the San Bernardino Municipal Code entitled “Fire, Removal or Closing-Out Sales” which requires a permit and sets forth additional requirements for the “sale of goods, wares or merchandise as a fire, damage by fire or water, removal, close-out, liquidation, bankruptcy or other similar sales of goods, wares or merchandise” meets the criteria set forth above. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.16 of the San Bernardino Municipal Code entitled “FIRE,
REMOVAL OR CLOSING-OUT SALES” is hereby repealed.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
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part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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Packet Pg. 514 Attachment: CM - Charter Implementation - Part II - ORDINANCE No. MC-1485 - Repealing MC Chapter 5.16 - FIRE, REMOVAL OR CLOSING-OUT
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.16 ENTITLED “FIRE, REMOVAL, OR CLOSING-OUT SALES”
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _______________________ meeting
thereof, held on the _____ day of ______________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of __________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:____________________
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Packet Pg. 515 Attachment: CM - Charter Implementation - Part II - ORDINANCE No. MC-1485 - Repealing MC Chapter 5.16 - FIRE, REMOVAL OR CLOSING-OUT
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ORDINANCE NO. MC-1486
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.40 RELATED TO “CHARITABLE AND RELIGIOUS SOLICITATION IN CENTRAL CITY MALL” WHEREAS, at the November 8, 2016 general election, the People of the City of San Bernardino adopted Measure L which amended the City of San Bernardino’s Charter (“New Charter”); and WHEREAS, as a result of the New Charter, the City Council is adopting amendments to the San Bernardino Municipal Code (“Municipal Code”) in order to bring it into conformity with the New Charter; and WHEREAS, in addition to amendments to the Municipal Code for conformity with the New Charter, staff is also presenting to the City Council some revisions to the Municipal Code that are appropriate due to the provisions irrelevance, unconstitutionality, or otherwise no longer being necessary; and WHEREAS, the repeal of Chapter 5.40 of the San Bernardino Municipal Code entitled “Charitable and Religious Solicitations in Central City Mall,” which requires permits and sets forth criteria for revocation of said permit along with other provisions, meets the criteria set forth above. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.40 of the San Bernardino Municipal Code entitled
“CHARITABLE AND RELIGIOUS SOLICITATIONS IN CENTRAL CITY MALL” is
hereby repealed.
SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
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Packet Pg. 516 Attachment: CM - Charter Implementation - Part II - ORDINANCE No. MC-1486 - Repeal MC Chapter 5.40 - CHARITABLE AND RELIGIOUS
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part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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Packet Pg. 517 Attachment: CM - Charter Implementation - Part II - ORDINANCE No. MC-1486 - Repeal MC Chapter 5.40 - CHARITABLE AND RELIGIOUS
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.40 RELATED TO “CHARITABLE AND RELIGIOUS SOLICITATION IN CENTRAL CITY MALL”
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _______________________ meeting
thereof, held on the _____ day of ______________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of __________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:____________________
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Packet Pg. 518 Attachment: CM - Charter Implementation - Part II - ORDINANCE No. MC-1486 - Repeal MC Chapter 5.40 - CHARITABLE AND RELIGIOUS
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ORDINANCE NO. MC-1487
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.52, TRANSFERRING LICENSING OF ESCORT BUREAUS FROM THE CITY CLERK TO THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO, AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.84 RELATED TO ENFORCEMENT, AND REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.60 RELATED TO MOTOR BUSES WHEREAS, at the November 8, 2016 general election, the People of the City of San Bernardino adopted Measure L which amended the City of San Bernardino’s Charter (“New Charter”); and WHEREAS, the New Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and WHEREAS, Section 505 of the New Charter changes the duties of the City Clerk, in part by eliminating the City Clerk’s responsibility for issuing business licenses and regulating certain businesses; and WHEREAS, the City Council is adopting amendments to various chapters relating to licensing of certain businesses in accordance with Section 505 of the New Charter transferring responsibilities for certain licensing and regulation of uses from the City Clerk to the Police Department in order bring the Municipal Code into conformity with the New Charter and to effectuate the City Council’s desire to transfer these duties from the City Clerk to the Police Department. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 5.52.020 and 5.52.070 of Chapter 5.52 of the San Bernardino
Municipal Code entitled “ESCORT BUREAUS” are hereby amended as follows:
5.52.020 Permit - Required - Application
It is unlawful for any person to conduct, manage or carry on any escort bureau without
first securing a permit therefor from the Chief of Police. No such permit shall be issued by the
Chief of Police except upon the verified application in writing of the individual to be in
control of, and responsible for, the operation and conduct of the business. The application
shall be upon a form furnished by the City Clerk Police Department and shall set forth such
information concerning the applicant and the proposed business as the Chief of Police may
require and must be accompanied by a fee in the sum of two hundred dollars, or such amount
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Packet Pg. 519 Attachment: CM - Charter Implementation - Part II - ORDINANCE No. MC-1487 - Amending MC Chapters 5.52, 5.60 & 5.84 (5490 : Charter
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as subsequently set by Resolution of the Mayor and City Council. Each permit issued shall
expire on December 31st next following the date of issuance, and each application for the
annual renewal thereof shall be accompanied by a renewal fee in the sum of seventy-five
dollars, or such amount as subsequently set by Resolution of the Mayor and City Council. No
permit under this section shall be issued to, or in the name of, any organization, group,
corporation, partnership, or any other entity than an individual person; but the business may
be advertised and carried on by the permittee under a fictitious name in the manner permitted
by law, provided such fictitious name is first approved by the Chief of Police.
5.52.070 Suspension or revocation of permit
The Mayor and CommonCity Council shall have the power to suspend or revoke any
permit, or to deny a renewal after notice and an opportunity for a hearing has been given to
the permittee upon any of the following grounds:
A. That the permittee has, in the course of the business, committed, or caused,
permitted, encouraged or condoned the commission of any act in violation of this
section, or any lewd and immoral act, or any act of prostitution;
B. That the business has been conducted, in whole or in part, as a subterfuge to
facilitate or to conceal the conduct of any unlawful or immoral business or practice.
SECTION 2. Chapter 5.60 of the San Bernardino Municipal Code entitled “MOTOR
BUSES” is hereby repealed in its entirety.
SECTION 3. Sections 5.84.010 and 5.84.020 of Chapter 5.84 of the San Bernardino
Municipal Code entitled “ENFORCEMENT - CITING AUTHORITY” are hereby amended
as follows:
5.84.010 Enforcement
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Packet Pg. 520 Attachment: CM - Charter Implementation - Part II - ORDINANCE No. MC-1487 - Amending MC Chapters 5.52, 5.60 & 5.84 (5490 : Charter
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It shall be the duty of the City ClerkDepartment responsible for issuing a particular
permit, or his or her authorized representatives, to enforce the provisions of this Title with
respect to such permits.
5.84.020 Right of entry - Exhibition of license
A. The City Clerkhead of the Department issuing a particular permit, the Chief of
Police, or his or her authorized representatives, and police officers, are empowered to enter,
during business hours, free of charge, any place of business, or to approach any person
apparently conducting or employed in the operation of the business, for which a license or
permit is required pursuant to this Title, and to demand the exhibition of such license or
permit for the current term. If such person then and there fails to exhibit such license or
permit, the authorized representative or police officer is authorized and empowered to cite the
person and issue a notice to appear pursuant to the provisions of this Title, relating to
licensing of businesses within the City.
SECTION 4. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies, is hereby repealed or modified to the extent necessary to effect the
provisions of this Ordinance.
SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
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Packet Pg. 521 Attachment: CM - Charter Implementation - Part II - ORDINANCE No. MC-1487 - Amending MC Chapters 5.52, 5.60 & 5.84 (5490 : Charter
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SECTION 6. PUBLICATION. This Ordinance shall take effect and be in full force
thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of this
Ordinance together with the names of the members of the City Council voting for and against
the same.
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.52, TRANSFERRING LICENSING OF ESCORT BUREAUS FROM THE CITY CLERK TO THE POLICE DEPARTMENT OF THE CITY OF SAN BERNARDINO, AMENDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.84 RELATED TO ENFORCEMENT, AND REPEALING SAN BERNARDINO MUNICIPAL CODE CHAPTER 5.60 RELATED TO MOTOR BUSES
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _______________________ meeting
thereof, held on the _____ day of ______________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of __________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:____________________
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Packet Pg. 523 Attachment: CM - Charter Implementation - Part II - ORDINANCE No. MC-1487 - Amending MC Chapters 5.52, 5.60 & 5.84 (5490 : Charter
24.a
Packet Pg. 524 Attachment: CM.PEGReauthorization Final Reading.REPORT (5488 : Final Reading of Ordinance Reauthorizing the City’s PEG Access and
cameras, audio, video and recording equipment and other capital items associated with
government programming.
Staff believes that an urgency ordinance is necessary for the immediate preservation of
the public peace, health and safety, because the City depends on the PEG fee to
support PEG access channel facilities, which are essential to providing City residents
with important civic programming including emergency alerts and community and
governmental news. If this Ordinance does not become effective immediately, but
instead becomes effective 30 days after its second reading, funding for the City PEG
facilities could lapse causing residents who rely on PEG channels for emergency
broadcasts and news updates to lose a vital source of City information. Any lapse in
funding may also lead to confusion among state video franchisees operating within the
City regarding the payment of PEG access fees leading the City to incur additional costs
to recover any overdue fees.
Fiscal Impact
The City receives $265,000 annually in PEG support fees and includes these funds in
the annual IEMG/CATV budget. The adoption of the proposed Ordinance and Urgency
Ordinance will allow for the continued collection of the City’s 1% fee on state-franchised
video service providers to support the City’s public, educational, and governmental
channel facilities pursuant to Section 14.08.25 of the San Bernardino Municipal Code. If
the Mayor and City Council do not reauthorize the PEG access support fee, the City
may not receive further PEG access fees from video service providers operating under
state franchises within the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino accept
for final reading Ordinance No. MC-1488 reauthorizing the City’s Public, Educational,
and Governmental Access and Support Fee.
Attachments
Attachment – Ordinance No. MC-1488
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Packet Pg. 525 Attachment: CM.PEGReauthorization Final Reading.REPORT (5488 : Final Reading of Ordinance Reauthorizing the City’s PEG Access and
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ORDINANCE NO. MC-1488
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REAUTHORIZING THE CITY’S PUBLIC,
EDUCATIONAL, AND GOVERNMENTAL ACCESS AND SUPPORT FEE
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part
of the Digital Infrastructure and Video Competition Act of 2006, authorized the City of San
Bernardino (“City”) to adopt an ordinance establishing a fee on state-franchised video service
providers to support public, educational, and governmental access channel facilities; and
WHEREAS, the City established a 1% fee for the support of public, educational, and
governmental access facilities and activities within the City, codified as San Bernardino
Municipal Code Section 14.08.25; and
WHEREAS, Section 5870(n) of the Public Utilities Code states that such an
ordinance shall expire, and may be reauthorized, upon the expiration of the state franchise;
and
WHEREAS, the state franchise which includes the City of San Bernardino within its
geographic area, California Video Franchise Certificate Franchise No. 0007, expires in 2018.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The Mayor and City Council hereby reauthorizes and readopts the fee
on state-franchised video service providers to support public, educational, and governmental
channel facilities codified as Section 14.08.25 of the San Bernardino Municipal Code, which
fee shall remain unchanged and in full effect as to all state-franchised video service providers.
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and cause
the same to be published as required by law.
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Packet Pg. 526 Attachment: CM.PEGReauthorization.ORD (5488 : Final Reading of Ordinance Reauthorizing the City’s PEG Access and Support Fee)
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, REAUTHORIZING THE CITY’S PUBLIC,
EDUCATIONAL, AND GOVERNMENTAL ACCESS AND SUPPORT FEE
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a _______________________ meeting
thereof, held on the _____ day of ______________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby approved this _____ day of __________________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:____________________
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Packet Pg. 527 Attachment: CM.PEGReauthorization.ORD (5488 : Final Reading of Ordinance Reauthorizing the City’s PEG Access and Support Fee)
25.a
Packet Pg. 528 Attachment: CD.Shandin Hills GPA 18-01.Report (5487 : Final Reading – General Plan Amendment 18-01)
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ORDINANCE NO. MC-1490
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION
AND APPROVING GENERAL PLAN AMENDMENT 18-01 TO AMEND THE
GENERAL PLAN CIRCULATION ELEMENT TO RECLASSIFY SHANDIN HILLS
DRIVE FROM A LOCAL STREET TO A SECONDARY ARTERIAL
WHEREAS, the current City of San Bernardino General Plan was initially
implemented in 2005; and
WHEREAS, on March 13, 2018, the Planning Commission of the City of San
Bernardino held a duly noticed public hearing to consider public testimony and the staff
report, and adopted Resolution 2018-020 recommending the adoption of the Categorical
Exemption, and the approval of General Plan Amendment 18-01 to the Mayor and City
Council; and
WHEREAS, notice of the public hearing for the Mayor and City Council's
consideration of the proposed Ordinance was published in The Sun newspaper on March 20,
2018.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above-stated Recitals are true
and hereby adopt and incorporate them herein.
SECTION 2. Findings of Fact – General Plan Amendment 18-01:
Finding No. 1: The proposed amendment is internally consistent with the General Plan.
Finding of Fact: General Plan Circulation Element Policy 6.2.3 - Keep traffic in balance
with roadway capacity by requiring traffic studies to identify to identify
local roadway and intersection improvements necessary to mitigate the
traffic impacts of new developments and land use changes;
General Plan Circulation Element Policy 6.3.1 - Promote the principle
that streets have multiple uses and users, and protect the safety of all
users;
General Plan Land Use Policy 2.7.5 - Require that development be
contingent upon the ability of public infrastructure to provide sufficient
capacity to accommodate its demands and mitigate its impacts.
The proposed amendment to the General Plan Circulation Element does
not require any construction to the existing roadway, but will reclassify
the street to reflect the existing and proposed activities at the
intersection in question and the physical character of the existing street
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Packet Pg. 529 Attachment: CD.Shandin Hills GPA18-01.A1.Ordinance (5487 : Final Reading – General Plan Amendment 18-01)
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is consistent with the requested reclassification. A Traffic Study was
conducted in connection with the proposed project and approved by the
City’s Traffic Engineer. The existing conditions of Shandin Hills Drive
are more than adequate to meet the demand for traffic circulation that
will be generated by the proposed project and the reclassification of the
street will have no adverse impacts on the site or surrounding area.
Finding No. 2: The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
Finding of Fact: Any potential impacts created by the proposed amendment have been
addressed in the Conditions of Approval and will not be detrimental to
the public interest, health, safety, convenience, or welfare of the City.
Finding No. 3 The proposed amendment would maintain the appropriate balance of
land uses within the City.
Finding of Fact: The proposed amendment will not make any changes to the existing
land uses and will not detract from the appropriate balance of land uses
within the City.
Finding No. 4 The subject parcels are physically suitable (including but not limited to,
access, provision of utilities, compatibility with adjoining land uses,
and adjoining land uses, and absence of physical constraints) for the
requested land use designation and the anticipated land use
development
Finding of Fact: The project site is currently consists of three (3) parcels containing a
total of approximately 3.50 acres that will have direct access at two (2)
locations along Shandin Hills Drive and one (1) location along Kendall
Drive. The site is adjacent to a mix of existing commercial and
residential use already served by the full range of required utilities. The
site is sufficient in size to meet parking, loading and landscaping
requirements and there are no physical constraints on the site, such as
steep slopes or watercourses.
SECTION 3. Compliance with the California Environmental Quality Act.
In accordance with §15060 of the California Environmental Quality Act (CEQA), the
Planning Division conducted an environmental evaluation in connection with proposed General
Plan Amendment 18-01 and concluded that General Plan Amendment 18-01 is found to be
exempt under §15061(b)(3) (Review for Exemption) of CEQA due to the fact that this 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, and where it can be seen with certainty 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. There are no potentially significant environmental impacts that
may result from the proposed General Plan Amendment to allow for the reclassification of an
existing street from a Local Street to a Secondary Arterial because the existing street was
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Packet Pg. 530 Attachment: CD.Shandin Hills GPA18-01.A1.Ordinance (5487 : Final Reading – General Plan Amendment 18-01)
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constructed to meet the standards of a Secondary Arterial. Additionally, a Traffic Study was
prepared for the proposed project and approved by the City’s Traffic Engineer, and the City’s
Public Works Department fully supports the approval of General Plan Amendment 18-01 to
reclassify Shandin Hills Drive from a Local Street to a Secondary Arterial.
SECTION 4. General Plan Amendment 18-01 amending the City of San Bernardino
General Plan Circulation Element to reclassify Shandin Hills Drive from a Local Street to a
Secondary Arterial (EXHIBIT A), is hereby approved and incorporated herein by reference.
SECTION 5. Notice of Exemption: The Planning Division of the Community
Development Department is hereby directed to file a Notice of Exemption with the County
Clerk of the County of San Bernardino within five (5) working days of final project approval
certifying the City’s compliance with the California Environmental Quality Act in adopting
the Categorical Exemptions.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause
or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional,
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The
Mayor and City Council hereby declares that it would have adopted each section irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be
declared unconstitutional, invalid, or ineffective.
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Packet Pg. 531 Attachment: CD.Shandin Hills GPA18-01.A1.Ordinance (5487 : Final Reading – General Plan Amendment 18-01)
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION
AND APPROVING GENERAL PLAN AMENDMENT 18-01 TO AMEND THE
GENERAL PLAN CIRCULATION ELEMENT TO RECLASSIFY SHANDIN HILLS
DRIVE FROM A LOCAL STREET TO A SECONDARY ARTERIAL
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a regular meeting thereof, held on the
day of , 2018, by the following vote to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
_______________________________
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby adopted this _____day of ________, 2018.
________________________________
R. CAREY DAVIS, Mayor
Approved as to form: City of San Bernardino
Gary D. Saenz,
City Attorney
By:___________________________________
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Packet Pg. 532 Attachment: CD.Shandin Hills GPA18-01.A1.Ordinance (5487 : Final Reading – General Plan Amendment 18-01)
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EXHIBIT A
MAP OF SHANDIN HILLS DRIVE
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Packet Pg. 535 Attachment: CM - Legislative Platform Staff Report (5486 : Legislative Program Policy and Procedures and the 2018 Legislative and Regulatory
reflected in Exhibit “A” has been developed based upon the guiding principles and best
practices as set forth by the League of California Cities and the 2018-2019 Goals and
Objectives related to federal and state legislative issues.
Once adopted, the Legislative and Regulatory Platform will remain in effect until
January of 2019. The Mayor and City Council may add, remove, or modify items within
the Legislative and Regulatory Platform as needed.
The following protocol will be used to respond to legislative proposals and regulatory
issues as they arise:
1. Once a determination has been made that a legislative proposal or regulation
may impact the City, a letter outlining the City’s position (support, neutral or
oppose) will be drafted;
2. The City Manager will circulate the draft position letter to the Mayor and City
Council for review;
3. If there is any objection received from the Mayor or any member of the City
Council, the position letter will be placed on the next City Council agenda for
consideration;
4. If there is no objection within the defined period, staff will finalize the position
letter and forward it to the bill’s author, the League of California Cities, the City’s
legislative advocate and other stakeholders as deemed appropriate; and
5. A copy of the final letter will be distributed to the Mayor and City Council.
Mayor, City Council and City Manager 2018-2019 Goals and Objectives
The proposed Legislative and Regulatory Platform as reflected in Exhibit “A” has been
developed based upon the 2018-2019 Goals and Objectives related to federal and state
legislative issues including:
Goal Number 2 - Provide for the Safety of City Residents and Businesses
Goal Number 3 - Create, Maintain and Grow Jobs and Economic Value in the
City
Goal Number 4 - Ensure Development of a Well-Planned, Balanced, and
Sustainable City
Goal Number 6 - Operate in a Fiscally Responsible and Business-Like
Manner
Fiscal Impact
There is no fiscal impact associated with the adoption of the Legislative Program Policy
and Procedures and the 2018 Legislative and Regulatory Platform for the City of San
Bernardino.
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Packet Pg. 536 Attachment: CM - Legislative Platform Staff Report (5486 : Legislative Program Policy and Procedures and the 2018 Legislative and Regulatory
Conclusion
It is recommended that the Mayor and City Council adopt the Resolution establishing a
Legislative Program Policy and Procedures and the 2018 Legislative and Regulatory
Platform for the City of San Bernardino.
Attachments
Attachment 1 – Resolution establishing the Legislative Program Policy and
Procedures and the 2018 Legislative and Regulatory Platform; Exhibit “A” 2018
Legislative and Regulatory Platform
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RESOLUTION NO. 2018-117
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING THE LEGISLATIVE PROGRAM
POLICY AND PROCEDURES AND THE 2018 LEGISLATIVE AND REGULATORY
PLATFORM FOR THE CITY OF SAN BERNARDINO
WHEREAS, on May 18, 2018, the Mayor and City Council adopted Resolution No.
2015-103 directing the implementation of the City’s Fiscal Recovery Plan and Plan of
Adjustment; and
WHEREAS, the foundation for the Fiscal Recovery Plan and Plan of Adjustment were
the Operating Practices for Good Government, Priority Goals and Strategic Action Plans, and the
Financial Plan, approved by the Mayor and City Council on May 18, 2015; and
WHEREAS, on November 8, 2016, voters in San Bernardino approved a new Charter
that was filed with the California Secretary of State on January 31, 2017, and established the
Council-Manager form of government in the City; and
WHEREAS, in August 2017, the Mayor and City Council embarked on an evolutionary,
strategic planning process to establish systems and practices that promote good governance and
effective service to the community in furtherance of the Charter and Council-Manager form of
government; and
WHEREAS, the Mayor and City Council committed to engaging in regular meetings to
establish effective systems and practices and address policy, planning and program
implementation to create a framework for comprehensive leadership in rebuilding the City of
San Bernardino and establishing systems and lasting policies that transform the community and
guide decision-making; and
WHEREAS, on November 3, 2017, and December 13, 2017, the Mayor and City
Council met and spent considerable time discussing the purpose of the City (Vision), the job of
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RESOLUTION NO. 2018-117
the City and the terms under which the City will operate (Job Statement), the business plan
(Operating Paradigm) of the City, and Goals and Objectives, which will be used to evaluate the
City Manager’s performance in the upcoming year, will serve as the foundation for the
development of the annual budget, and will be communicated throughout the organization; and
WHEREAS, on March 5, 2018, the Mayor and City Council adopted Resolution No.
2018-39A establishing the City’s Vision for the Future, Job Statement, Operating Paradigm, and
2018-2019 Goals and Objectives; and
WHEREAS, the Mayor and City Council desire to establish a legislative platform that
will allow the City to respond quickly in support of or opposition to issues that could directly
impact the City at the State and Federal level.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The following policy and procedures are adopted by the Mayor and City
Council governing the legislative program for the City of San Bernardino:
Purpose
The City of San Bernardino’s Legislative and Regulatory Platform guides City officials
and staff in considering and rapidly responding to legislative and regulatory proposals introduced
at the State and Federal levels based upon the City’s priority goals and objectives.
Policy
The Legislative and Regulatory Platform consists of general policy statements reflecting
positions on matters that impact municipal services and are consistent with the priority goals and
objectives of the City. The Platform is adopted annually at the beginning of the legislative year
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RESOLUTION NO. 2018-117
based upon the goals and objectives of the Mayor and City Council, a review of the legislative
priorities from the League of California Cities, the National Leagues of Cities and input from the
Mayor and City Council, staff and the City’s legislative advocates.
Procedure
The following protocol will be used to respond to legislative proposals and regulatory issues
as they arise:
1. Once a determination has been made that a legislative proposal or regulation may impact
the City, a letter outlining the City’s position (support, neutral or oppose) will be drafted;
2. The City Manager will circulate the draft position letter to the Mayor and City Council
for review;
3. If there is any objection received from the Mayor or any member of the City Council, the
position letter will be placed on the next City Council agenda for consideration;
4. If there is no objection within the defined period, staff will finalize the position letter and
forward it to the bill’s author, the League of California Cities, the City’s legislative
advocate and other stakeholders as deemed appropriate; and
5. A copy of the final letter will be distributed to the Mayor and City Council.
SECTION 2. The 2018 Legislative and Regulatory Platform attached hereto and
incorporated herein as Exhibit “A”, is hereby adopted.
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RESOLUTION NO. 2018-117
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING THE LEGISLATIVE PROGRAM
POLICY AND PROCEDURES AND THE 2018 LEGISLATIVE AND REGULATORY
PLATFORM FOR THE CITY OF SAN BERNARDINO
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a ____________ meeting thereof, held on the
_______ day of __________________, 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ _____ _____ _______ _______
BARRIOS _____ _____ _______ _______
VALDIVIA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
Georgeann Hanna, City Clerk
The foregoing Resolution is hereby approved this ________ day of ______________, 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By: _________________________
4
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Packet Pg. 541 Attachment: CM - RESOLUTION.Legislative Program Policy and Procedures & 2018 Legislative & Regulatory Platform (5486 : Legislative
Exhibit A
CITY OF SAN
BERNARDINO
2018 Legislative & Regulatory Platform
The City of San Bernardino’s Legislative and Regulatory Platform guides City officials and staff
in considering and rapidly responding to legislative and regulatory proposals introduced at the
State and Federal levels based upon the City’s priority goals and objectives.
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Packet Pg. 542 Attachment: CM - EXHIBIT A.City of San Bernardino Legislative Platform 2018 (5486 : Legislative Program Policy and Procedures and the 2018
City of San Bernardino
City of San Bernardino
LEGISLATIVE & REGULATORY PLATFORM
PROVIDE FOR THE SAFETY OF CITY RESIDENTS AND BUSINESSES
The City is committed to developing programs that enhance emergency response, reduce crime and
ensure neighborhoods and business areas are safe. As such, the City will support legislation and seek
funding that strengthens law enforcement’s efforts to prevent and reduce crime and will help to contribute
to emergency response and preparedness. The City will oppose reductions in Federal and State funding
for public safety programs and services.
CREATE, MAINTAIN AND GROW JOBS AND ECONOMIC VALUE IN THE CITY
The City is dedicated to building a vibrant and sustainable local economy that allows for business
development and job creation. The City is also committed to supporting workforce development,
education and vocational training programs that meet the needs of the business community and improve
job opportunities for residents. To achieve these goals and objectives, the City will support legislative
actions and funding that encourage redevelopment and provide the tools and resources needed for
business growth and development and promote regional education and job training programs. The City
will oppose measures that restrict the City’s ability to provide for local economic development or create
disadvantages for businesses at the local and state levels.
ENSURE DEVELOPMENT OF A WELL-PLANNED, BALANCED, AND SUSTAINABLE CITY
The City’s infrastructure has a direct impact on the quality of life in the City for both residents and the
business community. As such, the City is committed to maintaining, improving and developing the City’s
infrastructure including housing, roads, bridges, sidewalks, storm drains, street lights, traffic signals, water
and wastewater systems as well as public transportation systems. The City will support legislation that
provides funding and support to meet the infrastructure needs of the community. The City will oppose
legislation that removes or reduces funding that would impact infrastructure projects or public
transportation. The City will also oppose any legislation or regulations that preempt local zoning or
require development of a particular type.
OPERATE IN A FISCALLY RESPONSIBLE AND BUSINESS-LIKE MANNER
The City is committed to developing a sustainable financial strategy that creates stability and allows the
City to reinvest in operations and infrastructure. In these efforts, the City will support legislation that
secures local government funding sources such as property taxes, sales tax, transient occupancy taxes
and Community Development Block Grants (CDBG). The City will oppose legislation that creates
unfunded mandates and legislation that eliminates or diverts local revenues.
Page 1
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Packet Pg. 543 Attachment: CM - EXHIBIT A.City of San Bernardino Legislative Platform 2018 (5486 : Legislative Program Policy and Procedures and the 2018
Staff Report
City of San Bernardino
Request for Council Action
Date: April 18, 2018
To: Honorable Mayor and City Council Members
From: By: Georgeann “Gigi” Hanna, City Clerk
Subject: Amendment to the City’s Conflict of Interest Code
Recommendation
Adopt a Resolution of the Mayor and City Council of the City of San Bernardino,
California and the Mayor and City Council of the City of San Bernardino, California,
Acting as the Successor Agency to the Redevelopment Agency authorizing amended
Resolution No. 2018-14, and Appendix A and amending the City's Conflict of Interest
Code.
Background
The Mayor and City Council amended the City’s Conflict of Interest Code at the January
17, 2018 meeting to be in compliance with the State of California’s Political Reform Act,
which requires every local government agency to adopt a formal Conflict of Interest
Code, review its code biennially and make amendments as needed.
Those commissions whose member that will need to complete a Form 700 and ethics
training, based upon their scope of responsibility include the following:
1. Arts and Historical Preservation Commission
2. Building and Accessibility Appeals Board
3. Elected Official Compensation Commission
4. Library Board
5. Personnel Commission
6. Planning Commission
7. Water Board
In the interest of government transparency, the City should update its Conflict of Interest
Code to reflect those changes made since the January 17, 2018 meeting. There may be
more changes ahead that include fewer disclosure categories, but as of now, the City’s
disclosure categories are:
Category 1 (Full disclosure). Interests in real property located within the
jurisdiction of the City of San Bernardino or within two miles of the boundaries of the
jurisdiction or within two miles of any land owned or used by the agency, as well as
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Packet Pg. 544 Attachment: Clerk.Conflict of Interest.SEI_Update_2018_StaffReport_4-18 (5484 : Amendment to the City’s Conflict of Interest Code)
investments, business positions and sources of income, including gifts loans and
travel payments.
Category 2. All investments, business positions and sources of income, including
gifts loans and travel payments.
Category 3. Interests in real property located within the jurisdiction of the City of
San Bernardino or within two miles of any land owned or used of the City of San
Bernardino.
Category 4. All investments and business positions in, and sources of income
from, business entities that are engaged in land development, construction or the
acquisition or sale of real property within the jurisdiction of the City of San
Bernardino.
Category 5. All investments, business positions and income from business
entities that provide services, supplies, materials, machinery, vehicles or equipment
of a type purchased or leased by the City.
Category 6. All investments, business positions and income, including gifts,
loans and travel payments from sources that provide purchased or leased facilities,
goods, equipment, vehicles, machinery or services, including training or consulting
services, of the type utilized by the designated employee’s department.
Category 7. All investment and business position In and sources of income from,
business entities subject to the regulatory, permit, licensing application or other
authority or entitlement of the designated employee’s department.
Discussion
Proposed amendments to the Code are reflected in the attached Exhibit A to the
Resolution. The only changes to the Code are in the list of Committees and
Commissions whose members must file FPPC form 700 (Statement of Economic
Interest), and all of them in Category 1.
Mayor, City Council and City Manager 2018-2019 Goals and Objectives
The Conflict of Interest Code Update aligns with Goal No. 7: Pursue City Goals and
Objectives by Working with Other Agencies. The State of California’s Political Reform
Act, which requires every local government agency to adopt a formal Conflict of Interest
Code, review its code biennially and make amendments as needed.
Fiscal Impact
There is no fiscal impact to adopting the Conflict of Interest Code.
Attachments
Attachment 1 – Resolution, Exhibit A- 2018 Amended Appendix A
Ward:
Synopsis of Previous Council Actions:
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RESOLUTION NO. 2018-118
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AND THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY AUTHORZING AMENDED
RESOULTION NO. 2018-14, AND APPENDIX A AND AMENDING THE CITY’S
CONFLICT OF INTEREST CODE
WHEREAS, Government Code Section 87306.5 requires every local agency to review
its Conflict of Interest Code and make amendments, if necessary;
WHEREAS, California Code of Regulations Section 18730 contains the Fair Political
Practices Commission’s standard Conflict of Interest Code, which may be amended by the Fair
Political Practices Commission to conform to amendments in the Political Reform Act, and
which may be adopted by an agency as the agency’s Conflict of Interest Code by incorporating
Section 18730 by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AND THE MAYOR AND CITY
COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY, AS FOLLOWS:
SECTION 1. Resolution No. 2018-14 is hereby amended in its entirety as set forth in
Appendix A attached hereto and incorporate herein as though set forth in full.
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RESOLUTION NO. 2018-118
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA AND THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY AUTHORZING AMENDED
RESOULTION NO. 2018-14, AND APPENDIX A AND AMENDING THE CITY’S
CONFLICT OF INTEREST CODE
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 17th
day of January 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this ____________ day of _________ 2018.
R. Carey Davis, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
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CONFLICT OF INTEREST CODE – APPENDIX A
RECOMMENDED
DESIGNATED POSITIONS CATEGORIES
City Attorney’s Office
Chief Assistant City Attorney 1
Deputy City Attorney I 1
Deputy City Attorney II 1
Deputy City Attorney III 1
Deputy City Attorney IV 1
Senior Deputy City Attorney 1
Supervising City Attorney Investigator 1
City Clerk’s Office
City Clerk 1
Chief Deputy City Clerk 1
Deputy City Clerk 1
City Manager’s Office
Assistant City Manager 1
Administrative Services Manager 1
CATV/IEMG Broadcast Coordinator 2
Manager of Communications 1
Community Development
Administrative Analyst II 1
Senior Administrative Analyst 1
Director of Community Development 1
Assistant Planner 1
Associate Planner 1
Building Inspector I 1
Building Inspector II 1
Building Official 1
Construction Inspector I/NPDES 1
Construction Inspector II/NPDES 1
Development Services Technician 1
Engineering Assistant I 1
Engineering Assistant II 1
Engineering Assistant III 1
Plans Examiner 1
Senior Civil Engineer/Division Manager 1
Senior Planner 1
Appendix A – Amended 4/18/2018
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RECOMMENDED
DESIGNATED POSITIONS CATEGORIES
Council Office
Executive Staff Assistant to the City Council 1
Economic Development and Housing Department
Director of Economic Development and Housing 1
Housing Manager 1
Project Manager 1
Finance Department
Director of Finance 1
Deputy Director 1
Budget Officer 1
Business Registration Manager 1
Accounting Manager 1
Purchasing Manager 1
Information Technology
Director of IT 1
Applications Development Manager 6
GIS Administrator 6
IT Operations Supervisor 6
Public Safety IT Manager 6
Senior Network Administrator 6
Human Resources Department
Director of Human Resources 1
Human Resources Division Manager 6
HR Analyst 2,6
Senior HR/Risk Analyst 2,6
Library
Library Director 1
Mayor’s Office
Assistant to the Mayor 1
Chief of Staff 1
Parks, Recreation & Community Services Department
Administrative Analyst 1
Director of Parks, Recreation & Community Services 1
Community Recreation Manager 2,6
Community Recreation Program Center Supervisor 2,6
Community Recreation Program Supervisor (Soccer) 6
Parks Maintenance Division Manager 1
Recreation Division Manager 1
Appendix A – Amended 4/18/2018
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Retired & Senior Volunteer Program Manager 2,6
Senior Companion Program Manager 2,6
Community Recreation Program Coordinator 2,6
Landscape Inspector I/II 2,6
Parks Construction Lead Worker 2,6
Parks Maintenance Supervisor 2,6
Recreation Therapist 2,6
Coordinator of Volunteers 2,6
Senior Nutrition Food Services Supervisor 2,6
Police Department
Administrative Analyst II 1
Asset Forfeiture Specialist 1
Assistant Chief of Police 1
Chief of Police 1
Police Captain 1
Police Lieutenant 1
Community Policing Specialist 1
Code Enforcement Division Manager 1
Code Enforcement Officer I 1
Code Enforcement Officer II 1
Public Works Department
Administrative Analyst II 1
Administrative Services Supervisor 1
Assessment District/Real Property Manager 1
Building Maintenance Division Manager 1
City Engineer 1
Engineering Assistant I 3,6
Engineering Assistant II 3,6
Construction Inspector I/11 3,6
Construction/Survey Manager 3,6
Operations & Maintenance Division Manager 1
Director of Public Works 1
Engineering Associate 3,6
Environmental Projects Manager 1
Equipment Maintenance Manager 2,5,6
Equipment Maintenance Supervisor 2,5,6
Fleet Services Division Manager 2,5,6
HVAC Supervisor 2
Landscape Maintenance District Supervisor 2,6
Maintenance Supervisor 1
Principal Engineer 3,6
Real Property Specialist 1
Senior Civil Engineer 3,6
Sewer Maintenance Supervisor 1
Street Signal/Lighting Supervisor 1
Traffic Engineering Associate 3,6
Appendix A – Amended 4/18/2018
3
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Packet Pg. 551 Attachment: Clerk.ConflictofInterestSEIUPDATE_Attachment A_Appendix A (5484 : Amendment to the City’s Conflict of Interest Code)
Traffic Operations Systems Analyst 3,6
Traffic Engineer 1
Water Department
General Manager 1
Administrative Services Manager 1
Assistant Purchasing Agent 1
Deputy General Manager 1
Director, Finance 1
Director, Water Reclamation 1
Director, Water Utility 1
Electrical, Instrumentation, and SCADA 5,6,7
Superintendent
Engineering Manager 1
Environmental Control Officer 5,6,7
Fleet/Warehouse Supervisor 5,6,7
Principal Engineer 1
Purchasing Agent 1
Purchasing Supervisor 5,6,7
Regulatory and Compliance Manager 1
Water Reclamation Maintenance 5,6,7
Superintendent
Water Reclamation Operations 5,6,7
Superintendent
Water Utility Distribution Superintendent 5,6,7
Water Utility Operations Superintendent 5,6,7
Water Utility Water Quality Control Officer 5,6,7
Commissions
Arts and Historical Preservation Commission 1
Building and Accessibility Appeals Board 1
Elected Official Compemnsation Commission 1
Library Board 1
Personnel Commission 1
Planning Commission 1
Water Board 1
Consultants
Consultants shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category, Category 1.
Appendix A – Amended 4/18/2018
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Packet Pg. 552 Attachment: Clerk.ConflictofInterestSEIUPDATE_Attachment A_Appendix A (5484 : Amendment to the City’s Conflict of Interest Code)
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Packet Pg. 553 Attachment: CD.Arts Fest 2018 - Wrap Up.Report.docx (5483 : Third Annual Arts Fest – Wrap Up Report)
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Packet Pg. 554 Attachment: CD.Arts Fest 2018 - Wrap Up.Report.docx (5483 : Third Annual Arts Fest – Wrap Up Report)
29.a
Packet Pg. 555 Attachment: CD.DCA18-01.Staff Report (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
Discussion
As the legislative body, the Mayor and City Council is required to conduct a public
hearing on a Development Code Amendment. Upon approval of the Development Code
Amendment, the project will comply with all City laws and codes.
Project Description
Pursuant to the requirements of Chapter 19.42 (Development Code Amendments) and
Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development
Code, the applicant is requesting the approval of Development Code Amendment 18-01
and Conditional Use Permit 18-02, which proposes to allow:
1) The amendment of Chapter 19.06 (Commercial Zones), Table 06.01
(Commercial Zones List if Permitted, Development Permitted and
Conditionally Permitted Uses) of the City of San Bernardino Development
Code to allow Veterinary Services (with animal boarding) within the
Commercial General (CG-3) Zone subject to approval of a Conditional Use
Permit; and,
2) The establishment and operation of a veterinary office, with animal boarding,
within a tenant space containing approximately 4,200 square feet within a
previously approved commercial building located at 1775 W. Northpark
Boulevard, Suite B1.
Analysis: Development Code Amendment 18-01
The intention of allowing Veterinary Services (with animal boarding) through the
proposed Development Code Amendment is to establish a consistency among the three
(3) Commercial General zones within the City, defined by the City of San Bernardino
Development Code, as follows:
CG-1 (Commercial General) Zone - This zone is intended to provide for the
continued use, enhancement, and new development of retail, personal service,
entertainment, office and related commercial uses along major transportation
corridors and intersections to service the needs of the residents; reinforcing
existing commercial corridors and centers and establishing new locations as
residential growth occurs.
CG-2 (Commercial General) Zone - This zone is intended to enhance the
economic activity of appropriate commercial corridors; infilling and intensifying
existing development, establishing new key activity centers and nodes, allowing
for the development of medium and medium high residential density as
alternative uses.
CG-3 (Commercial General) Zone - This zone provides for the development of
local and regional serving retail, personal service, entertainment, office and
related commercial uses. This district includes, but is not limited to, properties
adjacent to California State University at San Bernardino along North Park
Boulevard, Kendall Drive, and University Parkway for commercial and personal
service uses to meet the needs of students, faculty, and visitors, and properties
along Mt. Vernon Avenue, between 4th and 9th Streets.
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Packet Pg. 556 Attachment: CD.DCA18-01.Staff Report (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
The Commercial General (CG-3) Zoning District is only located across from California
State University, San Bernardino along Northpark Boulevard, University Parkway and
Kendall Drive. At this time, Veterinary Services (with animal boarding) is not permitted
within the Commercial General (CG-3) zone. Allowing this use would align the
Commercial General (CG-3) zone with the other two (2) Commercial General zones,
thereby providing for the development of local and regional retail and personal service
uses, to serve San Bernardino.
California Environmental Quality Act: Development Code Amendment 18-01
In accordance with §15060 of the California Environmental Quality Act (CEQA), the
Planning Division conducted an environmental evaluation in connection with proposed
Development Code Amendment 18-01 and concluded that Development Code
Amendment 18-01 is found to be exempt under §15061(b)(3) (Review for Exemption) of
CEQA due to the fact that this 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, and where it can be seen with certainty 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. There are no potentially significant environmental impacts that may
result from the proposed Development Code Amendment to allow Veterinary Services
(with animal boarding) within the Commercial General (CG-3) Zone. Additionally, each
proposal will be subject to the approval of a Conditional Use Permit, with appropriate
conditions of approval and independent CEQA determination.
Analysis: Conditional Use Permit 18-02
On April 4, 2006, the Planning Commission approved Conditional Use Permit 06-04 for
the construction of the existing commercial center (now known as The Shops at Glen).
The proposed veterinary clinic containing approximately 4,200 square feet will be
located within the commercial center. The proposed facility would provide for limited
boarding of animals being treated at the facility. All uses associated with the facility
would occur indoors with the exception of a small “pet yard,” for use during operating
hours, located adjacent to the parking area at the rear of the building.
Hours of Operation for the clinic would typically run between 7:00 a.m. and 6:00 p.m.,
Monday thru Friday, between 8:00 a.m. and 1:00 p.m. on Saturday, and would be
closed on Sundays. The proposed tenant, ACA Pet Health Care Services, typically
employs twenty (20) people at a pet health care services facility, with a typical shift
maximum of six (6) employees.
California Environmental Quality Act: Conditional Use Permit 18-02
On April 4, 2006, the Planning Commission adopted a Mitigated Negative Declaration
with the approval of Conditional Use Permit 06-04, for the construction of the existing
commercial center. Pursuant to §15162 (Subsequent Negative Declarations) of the
California Environmental Quality Act (CEQA), the Planning Division conducted an
evaluation of the Mitigated Negative Declaration previously adopted for Conditional Use
Permit 06-04 as part of the environmental review in order to warrant the need for a
subsequent Mitigated Negative Declaration. In completing the evaluation, it has been
concluded that the Mitigated Negative Declaration adopted for the approval of
Conditional Use Permit 06-04 remains applicable for Conditional Use Permit 18-02 due
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Packet Pg. 557 Attachment: CD.DCA18-01.Staff Report (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
to the fact that the proposed project would allow the establishment and operation of a
veterinary office within a previously approved building with no substantial changes to
the previously approved development. Therefore, the previous environmental
determination adopted for Conditional Use Permit 06-04 remains valid for Conditional
Use Permit 18-02, pursuant to §15162 of CEQA.
Mayor and City Council and City Manager 2018-2019 Goals and Objectives
The proposed amendment to the Development Code aligns with several of the San
Bernardino Mayor and City Council 2018-2019 Goals & Objectives as follows:
1. Implement the City Vision – the addition of veterinary clinics as a conditionally
permitted use creates a broad range of choices for residents.
2. Create, Maintain and Grow Jobs and Economic Value in the City – the addition of
veterinary clinics as a conditionally permitted use creates additional economic
development opportunities and more jobs.
3. Ensure Development of a Well-Planned, Balanced, and Sustainable City – the
addition of veterinary clinics provides residents additional access to services for
their animals.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
Conclusion
On February 20, the Planning Commission determined that:
1. The Categorical Exemption for Development Code Amendment 18-01 and Previous
Environmental Determination for Conditional Use Permit 18-02 have been
completed in compliance with the California Environmental Quality Act; and
2. Development Code Amendment 18-01 and Conditional Use Permit 18-02 are
consistent with the City of San Bernardino General Plan and Development Code
and meet all Findings of Fact required for approval.
Attachments
Attachment 1 Ordinance (Development Code Amendment 18-01)
Attachment 2 Resolution (Conditional Use Permit 18-02)
Attachment 3 Planning Commission Resolution No. 2018-012
Ward: 5
Synopsis of Previous Council Actions: None
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Packet Pg. 558 Attachment: CD.DCA18-01.Staff Report (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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ORDINANCE NO. MC-1492
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION
AND APPROVING DEVELOPMENT CODE AMENDMENT 18-01 TO AMEND
CHAPTER 19.06 (COMMERCIAL ZONES), TABLE 06.01 (COMMERCIAL ZONES
LIST OF PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES) OF THE CITY OF SAN BERNARDINO DEVELOPMENT
CODE TO ALLOW VETERINARY SERVICES (WITH ANIMAL BOARDING)
WITHIN THE COMMERCIAL GENERAL (CG-3) ZONE SUBJECT TO THE
APPROVAL OF A CONDITIONAL USE PERMIT.
WHEREAS, the current City of San Bernardino Development Code was initially
implemented in 1991; and
WHEREAS, on February 20, 2018, the Planning Commission of the City of San
Bernardino held a duly noticed public hearing to consider public testimony and the staff
report, and adopted Resolution 2018-012 recommending the adoption of the Categorical
Exemption, and the approval of Development Code Amendment 18-01 to the Mayor and City
Council; and
WHEREAS, notice of the public hearing for the Mayor and City Council's
consideration of the proposed Ordinance was published in The Sun newspaper on April 6,
2018.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above-stated Recitals are true
and hereby adopt and incorporate them herein.
SECTION 2. Findings of Fact – Development Code Amendment 18-01:
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Table LU-2 of the City of San Bernardino General Plan describes the
Commercial General (CG-3) Zone within the commercial land use
district as allowing “Local and regional serving retail, personal service,
entertainment, office, and related commercial uses.” The proposed
amendment would allow, subject to approval of a Conditional Use
Permit, veterinary services within the Commercial General CG-3 Zone.
Therefore, the proposed ordinance is consistent with the City’s General
Plan.
1
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Packet Pg. 559 Attachment: CD.DCA18-01.Attachment 1.Ordinance (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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Finding No. 2: The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
Finding of Fact: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that the proposed
use would be compatible with surrounding development, will be similar
to other medical uses currently permitted within the existing zoning
district, and will be reviewed and conditioned to ensure compliance
with environmental and development standards, as well as health,
safety, and welfare concerns.
SECTION 3. Compliance with the California Environmental Quality Act.
In accordance with §15060 of the California Environmental Quality Act (CEQA), the
Planning Division conducted an environmental evaluation in connection with proposed
Development Code Amendment 18-01 and concluded that Development Code Amendment 18-
01 is found to be exempt under §15061(b)(3) (Review for Exemption) of CEQA due to the fact
that this 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, and where it can be seen with
certainty 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. There are no additional potential significant
environmental impacts that may result from the proposed Development Code Amendment 18-01
to allow Veterinary Services (with animal boarding) within the Commercial General (CG-3)
zone. Additionally, each proposal will be subject to the approval of a Conditional Use Permit,
with appropriate conditions of approval and independent CEQA determination.
SECTION 4. Development Code Amendment 18-01 amending the City of San
Bernardino Development Code Chapter 19.06 (Commercial Zones), Table 06.01 (Commercial
Zones List of Permitted, Development Permitted and Conditionally Permitted Uses) to allow
Veterinary Services (with animal boarding) within the Commercial General (CG-3) zone
subject to the approval of a Conditional Use Permit, is hereby approved and incorporated
herein as follows:
2
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Packet Pg. 560 Attachment: CD.DCA18-01.Attachment 1.Ordinance (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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LAND USE ACTIVITY CO CG-
1
CG-
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CG-
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CR-
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K. Service Commercial
Commercial establishments, which store large
inventories of goods typically in industrial-
style structures where goods are not produced
on the site, but are offered for sale. Examples
of allowable land use activities include, but are
not limited to, the following:
-- D D -- -- D D -- D D D 1. Catering Establishments
2. Cleaning/Janitorial -- D D -- -- D D -- D D D
3. Copy Centers/Postal Service Centers and
Blueprinting
D D D D D D D -- D D D
4. Equipment Rental/Sales/Service Yard -- -- -- -- -- -- -- -- D -- --
5. Laboratories (e.g., Film, Medical and
Dental, “R&D”, etc.)
D D D D D D D -- D D D
6. Misc. Repairs/Services (indoors only) -- D D D D D D -- D D D
7. Publishing/Printing Plants -- -- -- -- -- D -- -- D D D
8. Recycling Facilities D6 D6 D6 D6 D6 D6 D6 D6 D6 D6 D6
9. Recycling Facilities (reverse vending only) D D D D D D D -- D D D
10. Veterinary Services – Animal Boarding -- C C C -- -- -- -- C -- C
11. Veterinary Services – No Animal Boarding -- D D -- -- -- -- -- D -- --
12. Welding and Related Uses -- -- -- -- -- -- -- -- D -- --
SECTION 5. Notice of Exemption: The Planning Division of the Community
Development Department is hereby directed to file a Notice of Exemption with the County
Clerk of the County of San Bernardino within five (5) working days of final project approval
certifying the City’s compliance with the California Environmental Quality Act in adopting
the Categorical Exemptions.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause
or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional,
invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The
Mayor and City Council hereby declares that it would have adopted each section irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be
declared unconstitutional, invalid, or ineffective.
///
///
3
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Packet Pg. 561 Attachment: CD.DCA18-01.Attachment 1.Ordinance (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION
AND APPROVING DEVELOPMENT CODE AMENDMENT 18-01 TO AMEND
CHAPTER 19.06 (COMMERCIAL ZONES), TABLE 06.01 (COMMERCIAL ZONES
LIST OF PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES) OF THE CITY OF SAN BERNARDINO DEVELOPMENT
CODE TO ALLOW VETERINARY SERVICES (WITH ANIMAL BOARDING)
WITHIN THE COMMERCIAL GENERAL (CG-3) ZONE SUBJECT TO THE
APPROVAL OF A CONDITIONAL USE PERMIT.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a regular meeting thereof, held on the
day of , 2018, by the following vote to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
_______________________________
Georgeann Hanna, CMC, City Clerk
The foregoing Ordinance is hereby adopted this _____day of ________, 2018.
________________________________
R. CAREY DAVIS, Mayor
Approved as to form: City of San Bernardino
Gary D. Saenz,
City Attorney
By:___________________________________
4
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Packet Pg. 562 Attachment: CD.DCA18-01.Attachment 1.Ordinance (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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RESOLUTION NO. 2018-119
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE PREVIOUS ENVIRONMENTAL
DETERMINATION AND APPROVING CONDITIONAL USE PERMIT 18-02 TO
ALLOW THE ESTABLISHMENT AND OPERATION OF A VETERINARY OFFICE,
WITH ANIMAL BOARDING, WITHIN A TENANT SPACE CONTAINING
APPROXIMATELY 4,200 SQUARE FEET WITHIN A PREVIOUSLY APPROVED
COMMERCIAL BUILDING LOCATED AT 1775 W. NORTHPARK BOULEVARD,
SUITE B1 (APN: 0141-372-26) WITHIN THE COMMERCIAL GENERAL (CG-3)
ZONE.
WHEREAS, January 9, 2018, pursuant to the requirements of Chapter 19.42 and
§19.36.020 of the City of San Bernardino Development Code, an application for Development
Code Amendment 17-02 and Conditional Use Permit 17-06 was duly submitted by:
Property Owner: University Park Shops, LLC
101 Main Street, Suite A
Seal Beach, CA 90740
Project Applicant: James R. Watson
101 Main Street, Suite A
Seal Beach, CA 90740
Parcel Address: 1775 W. Northpark Boulevard, Suite B1
APN: 0141-372-26
WHEREAS, Conditional Use Permit 18-02 is a request to allow the establishment and
operation an veterinary office, with animal boarding, within a tenant space containing
approximately 4,200 square foot within a previously approved commercial building; and
WHEREAS, the Planning Division of the Community Development Department has
reviewed Conditional Use Permit 18-02 for consistency with the City of San Bernardino
General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
Quality Act, the Planning Division of the Community Development Department evaluated
Conditional Use Permit 18-02; and
WHEREAS, on January 24, 2017, pursuant to the requirements of §19.44 of the City
of San Bernardino Development Code, the Development and Environmental Review
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Committee reviewed the application and moved Conditional Use Permit 18-02 to the Planning
Commission for consideration; and
WHEREAS, on February 20, 2018, pursuant to the requirements of §19.52.040 of the
City of San Bernardino Development Code, the Planning Commission held the duly noticed
public hearing at which interested persons had an opportunity to testify in support of, or
opposition to the Previous Environmental Determination and Conditional Use Permit 18-02
and at which meeting the Planning Commission considered the Previous Environmental
Determination and Conditional Use Permit 18-02; and
WHEREAS, after closing said public hearing, the Planning Commission adopted
Resolution No. 2018-012 recommending to the Mayor and City Council the adoption of the
Previous Environmental Determination and the approval of Conditional Use Permit 18-02;
and
WHEREAS, notice of the April 18, 2018 public hearing for the Mayor and City
Council's consideration of the proposed Resolution was published in The Sun newspaper on
April 6, 2018, and was mailed to property owners within a 500 foot radius of the project site
in accordance with Development Code Chapter 19.52.
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals),
and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development
Code, the Mayor and City Council has the authority to take action on Conditional Use Permit
18-02.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above-stated Recitals are true
and hereby adopt and incorporate them herein.
SECTION 2. Findings of Fact – Conditional Use Permit 18-02.
Finding No. 1: The proposed use is conditionally permitted within, and would not
impair the integrity and character of the subject land use district and
complies with all of the applicable provisions of the Development
Code.
Finding of Fact: The proposed project is a conditionally permitted use, pursuant to
Development Code §19.06.020. The project site is located in the
Commercial General (CG-3) Zone, and is substantially surrounded by
existing commercial and residential uses. The proposed development
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Packet Pg. 564 Attachment: CD.DCA18-01.Attachment 2.Resolution (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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will comply with all applicable Development Code standards, such as
parking landscaping, building setbacks and height, etc. Further, the
proposed use will enhance the existing commercial center and provide a
benefit to the surrounding residential uses.
Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: Table LU-2 of the City of San Bernardino General Plan describes the
Commercial General (CG-3) Zone within the commercial land use
district as allowing “Local and regional serving retail, personal service,
entertainment, office, and related commercial uses.” The proposed
project will involve the establishment and operation of a veterinary
clinic within an existing commercial center that will serve surrounding
residential uses. Therefore the proposed project would be compatible
with surrounding land uses and consistent with the General Plan.
Finding No. 3: Approval of the Conditional Use Permit for the proposed use is in
compliance with the requirements of the California Environmental
Quality Act (CEQA) and §19.20.030(6) of the Development Code.
Finding of Fact: On April 4, 2006, the Planning Commission adopted a Mitigated
Negative Declaration with Conditional Use Permit 06-04 for the
construction of the existing commercial center. Therefore, the proposed
project is in compliance with the requirements of the California
Environmental Quality Act (CEQA) and §19.20.030(6) of the
Development Code.
Finding No. 4: There will be no potentially significant negative impacts upon
environmental quality and natural resources that could not be properly
mitigated and monitored.
Finding of Fact: The project site is an existing developed commercial retail property and
the surrounding area is urbanized. Therefore, no significant negative
impacts on the environment are anticipated to result from the proposed
wireless facility.
Finding No. 5: The location, size, design, and operating characteristics of the proposed
use are compatible with the existing and future land uses within the
general area in which the proposed use is to be located and will not
create significant noise, traffic or other conditions or situations that may
be objectionable or detrimental to other permitted uses in the vicinity or
adverse to the public interest, health, safety, convenience, or welfare of
the City.
Finding of Fact: The location and operating characteristics of the proposed project will
be consistent with all provisions of the Development Code and will be
compatible with the existing and future commercial land uses within the
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surrounding area. The proposal will not create conditions that may be
objectionable or detrimental to other existing uses in the vicinity
because the proposal will be consistent with the Commercial General
(CG-3) Zone. Furthermore, the project will provide positive
enhancement to the existing center. Therefore, no land use conflict or
adverse effects on public health, safety or welfare are anticipated to
result from establishment of a social service center at the subject site.
Finding No. 6: The subject site is physically suitable for the type and density/intensity
of use being proposed.
Finding of Fact: The site is physically suitable for the type and density/intensity of the
project being proposed. The existing commercial center is in
compliance with all applicable Development Code Standards and no
significant modifications to the property are being proposed by the
project.
Finding No. 7: There are adequate provisions for public access, water, sanitation, and
public utilities and services to ensure that the proposed use would not
be detrimental to public health and safety.
Finding of Fact: The site has direct access off of N. University Parkway and W.
Northpark Boulevard. All agencies responsible for reviewing access
and providing water, sanitation and other public services to the site
have had the opportunity to review the proposal, and none indicated
inability to serve the project site. Establishment of the proposed
project, subject to Conditions of Approval, will not be detrimental to
public services or public health and safety.
SECTION 3. Compliance with the California Environmental Quality Act. The Mayor
and City Council having independently reviewed and analyzed the record before it, including the
Previous Environmental Determination pursuant to §15162 (Subsequent Negative Declarations)
of CEQA, and written and oral testimony, and having exercised their independent judgment, find
that Conditional Use Permit 18-02 will have no significant adverse effect on the environment;
and, find that the Previous Environmental Determination as accepted by the Planning
Commission as to the effects of proposed Conditional Use 18-02, has been completed in
compliance with CEQA and is hereby adopted and incorporated herein by reference.
SECTION 4. Notice of Exemption. The Planning Division of the Community
Development Department is hereby directed to file a Notice of Exemption with the County
Clerk of the County of San Bernardino within five (5) working days of final project approval
certifying the City’s compliance with the California Environmental Quality Act in adopting
the Categorical Exemptions.
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SECTION 5. – Development Code Amendment 18-01, as approved by Ordinance, is
incorporated herein by reference.
SECTION 6. – Conditions of Approval. Conditional Use Permit 18-02 is hereby
approved subject to the following Conditions of Approval:
1. This is an approval to allow the establishment and operation a veterinary office, with
animal boarding, within a tenant space containing approximately 4,200 square foot
within a previously approved commercial building. The project site is located at 1775
W. Northpark Boulevard, Suite B1, within the Commercial General (CG-3) Zone.
2. The project site shall be developed and maintained in accordance with the plans
stamped April 18, 2018 (EXHIBIT “A”), approved by the City, which includes a site
plan, on file in the Planning Division; the Conditions of Approval contained herein;
and, the City’s Municipal Code regulations.
3. Within two years of the Conditional Use Permit approval, commencement of
construction shall have occurred or the permit/approval shall become null and void. In
addition, if after commencement of construction, work is discontinued for a period of
one year, then the permit/approval shall become null and void. However, approval of
the Conditional Use Permit does not authorize commencement of construction. All
necessary permits must be obtained prior to commencement of specified construction
activities included in the Conditions of Approval.
EXPIRATION DATE: April 18, 2020
4. The review authority may grant a time extension, for good cause, not to exceed 12
months. The applicant must file an application, the processing fees, and all required
submittal items, 30 days prior to the expiration date. The review authority shall ensure
that the project complies with all Development Code provisions in effect at the time of
the requested extension.
5. In the event this approval is legally challenged, the City will promptly notify the
applicant of any claim, action or proceeding and will cooperate fully in the defense of
this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless
the City of San Bernardino (City), any departments, agencies, divisions, boards or
commission of the City as well as predecessors, successors, assigns, agents, directors,
elected officials, officers, employees, representatives and attorneys of the City from
any claim, action or proceeding against any of the foregoing persons or entities. The
applicant further agrees to reimburse the City for any costs and attorneys’ fees which
the City may be required by a court to pay as a result of such action, but such
participation shall not relieve applicant of his or her obligation under this condition.
The costs, salaries, and expenses of the City Attorney and employees of his office
shall be considered as “Attorney’s fees” for the purpose of this condition. As part of
the consideration for issuing this Conditional Use Permit, this condition shall remain
29.c
Packet Pg. 567 Attachment: CD.DCA18-01.Attachment 2.Resolution (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
Planning Division
6. All windows shall provide an unobstructed view to the inside of the premises at all
times. Window signage shall not comprise more than 25% of the window area.
7. Minor modification to the plans shall be subject to approval by the Director through
the Minor Modification Permit process. Any modification which exceeds 10% of the
allowable measurable design/site considerations shall require the refilling of the
original application.
8. The project shall comply with all applicable requirements of the Building and Safety
Division, Fire Department, Police Department, Municipal Water Department, Public
Services Department and the City Clerk’s Office/Business Registration Division.
9. This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Environmental Health Services,
and California Board of Equalization), as applicable.
10. The facility operator and property owner shall be responsible for regular maintenance
of the project site. The site shall be maintained in a clean condition and free of litter
and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall
be removed and cleaned up within 24 hours of being reported.
11. Signs are not approved as part of this permit. Prior to establishing any new signs or
replacing existing signs, the applicant shall submit an application and receive approval
for a Sign Permit from the Planning Division.
12. Submittal requirements for permit applications (tenant improvements, site
improvements, etc.) to Building Plan Check and/or Land Development must include
all Conditions of Approval issued with this approval, printed on the plan sheets.
13. The proposed outdoor pet area shall be screened to the satisfaction of the Community
Development Director.
14. Any physical improvements to the subject property shall be in compliance with all
applicable conditions of approval originally contained in Conditional Use Permit 06-
04 and any subsequent modifications or revisions.
15. All Conditions of Approval and Standard Requirements shall be implemented and/or
completed prior to final inspection and/or issuance of a Certificate of Occupancy.
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Packet Pg. 568 Attachment: CD.DCA18-01.Attachment 2.Resolution (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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Building & Safety Division
16. Section 105 Permits: refer to this section for all required permits of the California
Building Code 2016.
17. Address the requirements of the California Green Code 2016 for all debris. Check the
VOC forms per code.
18. Refer to Chapter 3 of the California Building Code for the Occupancy Requirements
and Chapter 4 for the Special Use Requirements.
19. Refer to Chapter 4 for the Occupant Load and the required number of exits.
20. Refer to Chapter 7 for the required Fire/Smoke Protection required.
21. Building Division submittal is separate from submittal to the Fire Department.
Land Development Division
22. The Land Development Division, prior to grading plan approval, if applicable, shall
approve an Erosion Control Plan. The plan shall be designed to control erosion due to
water and wind, including blowing dust, during all phases of construction, including
graded areas which are not proposed to be immediately built upon.\
23. The applicant shall construct a refuse enclosure(s) in accordance with City Standard
Drawing No. 508 with an accessible path of travel. The minimum size of the refuse
enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure is
proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’
wide by 6 “ high concrete planter shall be provided to separate the enclosure from the
adjacent parking. The placement of the enclosure shall be approved by Public Works –
Integrated Waste Division, and shall be designed to preclude the enclosure doors from
opening into drive aisles or impacting against adjacent parked cars.
SECTION 7. Severability: If any section, subsection, subdivision, sentence, or
clause or phrase in this Resolution or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, or phrases be declared unconstitutional, invalid, or ineffective.
///
///
///
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Packet Pg. 569 Attachment: CD.DCA18-01.Attachment 2.Resolution (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE PREVIOUS ENVIRONMENTAL
DETERMINATION AND APPROVING CONDITIONAL USE PERMIT 18-02 TO
ALLOW THE ESTABLISHMENT AND OPERATION OF A VETERINARY OFFICE,
WITH ANIMAL BOARDING, WITHIN A TENANT SPACE CONTAINING
APPROXIMATELY 4,200 SQUARE FEET WITHIN A PREVIOUSLY APPROVED
COMMERCIAL BUILDING LOCATED AT 1775 W. NORTHPARK BOULEVARD,
SUITE B1 (APN: 0141-372-26) WITHIN THE COMMERCIAL GENERAL (CG-3)
ZONE.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a regular meeting thereof, held on the
day of , 2018, by the following vote to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
_______________________________
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this _____day of _____________, 2018.
________________________________
R. CAREY DAVIS, Mayor
Approved as to form: City of San Bernardino
Gary D. Saenz,
City Attorney
By: ___________________________________
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Packet Pg. 570 Attachment: CD.DCA18-01.Attachment 2.Resolution (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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EXHIBIT A
APPROVED PLANS
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29.dPacket Pg. 572Attachment: CD.DCA18-01.Attachment 2.Resolution.Exhibit A (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
29.dPacket Pg. 573Attachment: CD.DCA18-01.Attachment 2.Resolution.Exhibit A (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
29.dPacket Pg. 574Attachment: CD.DCA18-01.Attachment 2.Resolution.Exhibit A (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-02)
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Packet Pg. 584 Attachment: CD.DCA18-01.Attachment 3.PC Resolution 2018-012 (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-
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Packet Pg. 585 Attachment: CD.DCA18-01.Attachment 3.PC Resolution 2018-012 (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-
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Packet Pg. 588 Attachment: CD.DCA18-01.Attachment 3.PC Resolution 2018-012 (5481 : Development Code Amendment 18-01 and Conditional Use Permit 18-
30.a
Packet Pg. 589 Attachment: Attorney.Appeal of Pepes Tow.report cont item to 5-02-18 (5480 : Continue Public Hearing - Appeal of Pepe's Towing)
Quasi-Judicial Hearing
City of San Bernardino
Request for Council Action
Date: April 18, 2018
To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager
By: Mark Persico, AICP, Community Development Director
Subject: Adopt a Resolution Approving Conditional Permit 18-01 for a
Temporary Cannabis Event from April 20, 2018 to April 22,
2018 at the National Orange Show Pursuant to San Bernardino
Municipal Code Section 5.10.060(B)
Recommendation
Review, discuss, and take possible action on the request by the National Orange Show
and Trans-High Corporation to issue Conditional Permit 18-01 for a Temporary
Cannabis Event at the National Orange Show Events Center for the High Times
Cannabis Cup on April 20, 2018 through April 22, 2018 pursuant to San Bernardino
Municipal Code Section 5.10.060(B).
Background
On March 7, 2018, the Mayor and City Council adopted Ordinance MC-1464 adopting
Chapter 5.10 of the San Bernardino Municipal Code (SBMC) related to the regulation
of commercial cannabis activities.
Discussion
The City is in transition period regarding temporary cannabis events . Chapter 5.10,
which is scheduled to go into effect on April 7, 2018, permits adult -use temporary
cannabis events at the National Orange Show (NOS) with a Development Agreement.
Development Agreements require significant time to negotiate and enact, including a
public hearing before the Planning Commission and City Council. Until a Development
Agreement is approved, the only method by which a temporary cannabis event can
occur at the NOS is if the event is solely for medical cannabis under SBMC Section
5.10.060(B). Local approval is required before the State will issue a State license for
the temporary cannabis event.
The National Orange Show is a significant asset with a rich history dating back to the
first citrus fair March 6 – 11, 1911. The property covers approximately 100 acres and is
ideally located at the southeast edge of downtown. Tremendous potential exists to turn
the property into a bigger asset within the City and within the region. Long term, City
31.a
Packet Pg. 590 Attachment: CD.NOS Event.Report (5479 : Conditional Permit 18-01 for a Temporary Cannabis Event from April 20, 2018 to April 22, 2018)
staff is engaging with the NOS to negotiate a Development Agreement, which will build
upon the past NOS success and allow the City and NOS to work collaboratively
together to bring clarity to the relationship and the authority under which the property
operates. A Development Agreement is the best vehicle to outline in clear terms the
vision of the NOS and how NOS will responsibility operate for the benefit of all parties.
According to a 2015 Economic Impact Study of California Fairgrounds completed by
the California Department of Food & Agriculture, Fairs & Exposition Branch in 2015,
and provided to the City by the NOS, the NOS generated approximately $25,034,000
in spending activity, which created the equivalent of 234 jobs as a result of that
spending, and the labor income generated by those additional jobs was approximately
$8,211,000.
Conditional Permit Event Request from NOS
On March 27, 2018, the National Orange Show and Trans-High Corporation submitted
a proposal to the City (Attachment 1) requesting approval for the High Times Cannabis
Cup on April 20 – 22, 2018. Under Chapter 5.10, which will go into effect on April 7,
2018, the City may issue a Conditional Permit for a temporary cannabis event so long
as the event is medical in nature. The Conditional Permit could serve as the foundation
for a longer-term development agreement. Consideration and approval of this event
may be one of the first steps in the process of building a relationship between the City
and NOS as the annual cannabis event has been a significant event for the NOS since
2015.
In the event that the Mayor and City Council would like to issue a conditional pe rmit for
this event, staff has prepared the attached draft resolution that contains recommended
conditions of approval. One of the significant conditions of the permit is full cost
recovery for the City, including public safety services. The Citizen’s Advisory
Commission on cannabis issues discussed at length the need to ensure that the
temporary cannabis events at the NOS fully reimburse the City for the costs of the
events. City staff has had a very limited amount of time to develop cost estimates
because the request was received only on March 27, 2018. The Police Department
has estimated the cost of providing public safety and traffic control for the three day
event to be approximately $79,000.
Summary of key conditions of the permit are as follows:
1. Hours of operation:
a. Friday and Saturday April 20 and 21, 2018, 11:30 am – midnight
b. Sunday, April 22, 2018, 11:30 am to 9:00 pm
2. Applicant will guarantee full cost recovery of public safety services
3. Event fee: $7.50 surcharge per ticket payable to the City of San Bernardino
4. Submittal and approval of public safety plan
5. Submittal and approval of traffic control and management plan
6. Submittal and approval of site layout
7. Submittal of vendor list
31.a
Packet Pg. 591 Attachment: CD.NOS Event.Report (5479 : Conditional Permit 18-01 for a Temporary Cannabis Event from April 20, 2018 to April 22, 2018)
8. State approval required five days in advance of event via permit
9. Event to be conducted as a medical cannabis event
10. Applicant to provide liability insurance naming City additionally insured
11. Applicant to indemnify the City of San Bernardino
12. No alcohol allowed at the event
13. 24-hour on-site security required from opening to closing of event
14. No construction or installation of tent between 8:00 pm and 7:00 am in days
leading up to event
15. Event must comply with all County Fire Department requirements
Fiscal Impacts
The special event promoter will add a surcharge to ticket sales anticipated to cover the
City’s direct cost of assuring public health and safety.
Conclusion
The City and National Orange Show have been working to build a strong relationship
using this temporary cannabis event as a starting point; therefore, it is recommended
that the Mayor and City Council review, discuss, and take possible action on the
conditional permit.
Attachments
Attachment 1 NOS and High Times Proposal
Attachment 2 Resolution – Approval of Conditional Permit No. 18-01
Ward(s): 3
Synopsis of Previous Council Actions:
31.a
Packet Pg. 592 Attachment: CD.NOS Event.Report (5479 : Conditional Permit 18-01 for a Temporary Cannabis Event from April 20, 2018 to April 22, 2018)
Date: March 27, 2018
To: Andrea Miller, City Manager, City of San Bernardino
Mark Presico, Community Development Director, City of San Bernardino
From: Matt Stang, Chief Revenue Officer, High Times Productions, Inc.
Adam Levin, Chief Executive Officer, High Times Productions, Inc.
Re: 21+ Permitting for Cannabis Professional Event and Lifestyle Festival at NOS Events Center
The HIGH TIMES Cannabis Cup is the world’s leading trade show celebrating the world of cannabis
through competitions, instructional seminars, expositions, celebrity appearances, concerts and product
showcases. Going strong for nearly three decades, HIGH TIMES Cannabis Cups are the most established
and trusted in the marijuana industry, continually demonstrating the political legitimacy and
professional management of the plant at the highest standards.
High Times Productions Inc. has had the distinct pleasure of hosting this premier professional and
lifestyle event in San Bernardino at the National Orange Show Events Center in 2017, 2016 and 2015.
During this time, the event has operated in a professional, best practice manner and committed itself to
developing community relationships in the spirit of a good professional citizenship.
As of January 1, 2018, this compliance now requires licensing and permitting through relevant state and
local codes referenced below. The proposed terms for consideration in securing a development
agreement between with the City of San Bernardino and High Times include:
1. High Times agrees to add a $5.00 surcharge for the City of San Bernardino at the completion of
every ticket order, both pre-sale via eventbrite.com and at the venue via its POS system.
2. Event organizers expect to fulfill an estimated 20,000 ticket transactions (or more) during the
course of the three day event, generating an estimated $80,000.00 or more in revenue to
compensate the city for public safety resources and to support other relevant community needs.
3. To willing provide this fee recognition to the community, High Times will need to ensure a local
permit is in place so the Bureau of Cannabis Control can issue a license to approve the event.
4. With a City of San Bernardino permit, High Times will assure Best Practice Standards and
Professional Compliance by providing relevant and assigned city staff with simultaneous copies
of State Bureau of Cannabis Control’s license application requirements.
5. State approval will be finalized 5 days before commencement if organizers demonstrate
compliance with State law and Municipal standards. This assures the City of San Bernardino that
all professional compliance expectations will be met before hosting the conference/festival.
City of San Bernardino
CHAPTER 5.10.060 COMMERCIAL CANNABIS BUSINESS PERMIT REQUIRED TO ENGAGE IN COMMERCIAL
CANNABIS BUSINESS
CHAPTER 19.44 ADMINISTRATIVE AND DEVELOPMENT PERMITS
California State Code
CALIFORNIA CODE OF REGULATIONS TITLE 16 DIVISION 42. BUREAU OF CANNABIS CONTROL (CHAPTER 5)
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Packet Pg. 593 Attachment: CD.NOS.A1.Proposal (5479 : Conditional Permit 18-01 for a Temporary Cannabis Event from April 20, 2018 to April 22, 2018)
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RESOLUTION NO. 2018-99
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL PERMIT 18-01 FOR A
TEMPORARY CANNABIS EVENT AT THE NATIONAL ORANGE SHOW EVENTS
CENTER BY THE TRANS-HIGH CORPORATION FOR APRIL 20, 2018 THROUGH
APRIL 22, 2018 PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION
5.10.060(B)
WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance No.
MC-1464 establishing San Bernardino Municipal Code Chapter 5.10 authorizing commercial
cannabis activities in the City of San Bernardino which will become effective on April 7,
2018; and
WHEREAS, San Bernardino Municipal Code Section 5.10.060(b) authorizes the
Mayor and City Council to issue a Conditional Permit for commercial cannabis activities
authorized under Proposition 215 and the Medical Marijuana Program Act; and
WHEREAS, a request for a Conditional Permit for a Temporary Cannabis Event for
the dates of April 20, 2018 through April 22, 2018 was submitted by:
Permit Applicant: Trans-High Corporation
Property Owner(s): National Orange Show
689 S. E Street
San Bernardino, CA 92408
Property Address: National Orange Show Events Center
689 S E St, San Bernardino, CA 92408
WHEREAS, Conditional Permit 18-01 is a request to allow a temporary cannabis
event, known as the High Times Cannabis Cup, at the National Orange Show Events Center,
which is a state designated fairground; and
WHEREAS, the State requires local approval of a temporary cannabis event prior to
the issuance of a State license.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above-stated Recitals are true
and hereby adopt and incorporate them herein.
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SECTION 2. Compliance with the California Environmental Quality Act. The Mayor
and City Council determine that the activity proposed by Conditional Permit 18-01 is
categorically exempt as Normal Operations of Existing Facilities for Public Gatherings under 14
CCR Section 15323 because there is a history of the facility’s use for the same or similar
purposes.
SECTION 3. Notice of Determination. The Planning Division of the Community
Development Department is hereby directed to file a Notice of Determination with the County
Clerk of the County of San Bernardino within five (5) working days of the approval of this
Resolution.
SECTION 4. – Conditions of Approval. Conditional Permit 18-01 is hereby approved
subject to the following Conditions of Approval:
1. This approval is to authorize a temporary cannabis event at the National Orange Show
Events Center, located at 689 South E Street in the City of San Bernardino, California,
for April 20, 2018 through April 22, 2018. THIS PERMIT EXPIRES AT 11 P.M.
ON APRIL 22, 2018.
2. The Applicant shall pay to the City a Temporary Cannabis Event Fee (“Fee”) by
delivering the Fee to the Office of the City Manager at 290 North “D” Street, 3rd Floor,
San Bernardino, California, by 5:00 p.m. on May 10, 2018. The Fee shall be the
greater of either:
a. EIGHTY THOUSAND DOLLARS ($80,000);
b. An amount equal to SEVEN DOLLARS AND FIFTY CENTS ($7.50) per
ticket sold to the event; or
c. The actual costs to the City attributable to the event.
3. The following shall be submitted to the City Manager, at 290 North “D” Street, 3rd
Floor, San Bernardino, California, by 5:00 p.m. on April 12, 2018:
a. Sufficient evidence, which sufficiency shall be determined by the City
Manager, or her designee, of the legal right to occupy and to use the p roposed
property for the temporary cannabis event. In the event that the proposed
property will be leased or used under some other agreement, the Applicant
shall be required to provide a signed and notarized statement from the property
owners that they have read this Conditional Permit 18-01 and consent to the
temporary cannabis event described on the owner’s property.
b. A detailed diagram of the physical layout of the temporary cannabis event.
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c. A list of all vendors and commercial participants, including their state license
types and numbers, that will be providing onsite sales of cannabis and cannabis
products at the temporary cannabis event.
d. A traffic and parking plan for the temporary cannabis event.
e. A public safety plan, including provisions for police services, onsite security
personnel, fire prevention, and emergency medical services.
f. The submittals made pursuant to this Condition will be reviewed by the City
Manager, or her designee, and she shall either: approve, deny, or request
modifications to the submittals. The submittals must be approved by the City
Manager no later than 5:00 p.m. on April 18, 2018 or this Conditional Permit
18-01 shall be null and void and of no further effect.
4. The Applicant shall do each of the following:
a. Verify the age and all necessary documentation of each attendee of the event to
ensure that the attendee is not under the age of eighteen (18) years and that the
attendee has a valid doctor's recommendation; and
b. Verify the age and all necessary documentation of each employee or vendor
participating in the event. A copy of a birth certificate, driver’s license,
government issued identification card, passport or other proof that the
employee or vendor is at least twenty-one (21) years of age must be on file
with the Applicant; and
c. Verify that each employee or vendor participating in the event has not been
convicted, pled guilty or nolo contendere to the crimes listed in Business and
Professions Code Section 26057(b)(4); and
d. Comply with all Building, Fire Codes and Fire District standard requirements
as determined by the San Bernardino County Fire Protection District and City
of San Bernardino.
e. Maintain accurate books and records in an electronic format, detailing all of the
revenues and expenses of the temporary cannabis event, and all of its assets
and liabilities. At any time upon reasonable request of the City Manager, or
her designee, the Applicant shall file a sworn statement detailing the number of
sales by the Applicant during the event, provided on a per-day basis. The
statement shall also include gross sales for each day, and all applicable taxes
paid or due to be paid, including, but not limited to, employee withholdings.
At any time upon reasonable request of the City Manager, or her designee, the
Applicant shall submit a financial audit of the Applicant’s operations
conducted by an independent certified public accountant. At any time upon
reasonable request of the City Manager, or her designee, the Applicant shall
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provide copies of the last three (3) years of their local, state and federal tax
returns so that the City may verify the information provided above.
f. Maintain a current register of the names and the contact information (including
the name, address, and telephone number) of anyone owning or holding an
interest in the Applicant, and separately of all the officers, managers,
employees, and agents currently employed or otherwise engaged by the
Applicant. The register required by this Condition shall be provided to the
City Manager, or her designee, upon a reasonable request.
g. Maintain an inventory control and reporting system that accurately documents
the amounts and descriptions of all cannabis and cannabis products present at
the temporary cannabis event.
h. Maintain records that identify the source of all cannabis and cannabis products,
including the company name, location, license numbers etc.
i. Implement sufficient security measures to deter and prevent the unauthorized
entrance into areas containing cannabis or cannabis products, and to deter and
prevent the theft of cannabis or cannabis products at the temporary cannabis
event. Security personnel shall be on-site 24 hours a day during the period of
April 20, 2018 through April 22, 2018. Security personnel must be licensed by
the State of California Bureau of Security and Investigative Services.
j. Provide the City Manager, or her designee, the name, telephone number (both
land line and mobile, if available) of an on-site employee or owner to whom
emergency notice can be provided at any hour of the day. The Applicant shall
notify the City Manager, or her designee, immediately of a change in the
emergency contact.
k. Identify a designated security representative/liaison to the Chief of Police, or
his designee, who shall be reasonably available to meet with the Chief of
Police, or his designee, regarding any security related measures or and
operational issues. The commercial cannabis business shall notify the Chief of
Police, or his designee, within twenty four (24) hours of a change in designated
security representative/liaison.
l. Pay all sales, use, business, employment and other applicable taxes, and all
licenses, registration, and other fees required under federal, state and local law.
The Applicant shall cooperate with City with respect to any reasonable request
to audit the Applicant’s books and records for the purpose of verifying
compliance with this section, including but not limited to a verification of the
amount of taxes required to be paid during any period.
m. The temporary cannabis event shall be in full conformance with the State and
local regulations.
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n. Each entrance to the temporary cannabis event shall be visibly posted with a
clear and legible notice indicating that smoking, ingesting, or otherwise
consuming cannabis outside of the temporary cannabis event is prohibited.
o. Ensure that odors from cannabis are not detectable off-site of the temporary
cannabis event.
5. The Applicant shall be prohibited from the following:
a. Advertise the temporary cannabis event utilizing a billboard (fixed or mobile),
bus shelter, placard, aircraft, or other similar forms of advertising, anywhere in
the State. This condition is not intended to place limitations on the ability of
the applicant to advertise in other legally authorized forms, including on the
internet, in magazines, or in other similar ways.
b. Advertise by having a person holding a sign and advertising the temporary
cannabis event to passersby, whether such person is on the premises of the
temporary cannabis event or elsewhere including, but not limited to, the public
right-of-way.
c. Employing or permitting a physician located at the temporary cannabis event
during the hours that the temporary cannabis event is open to the public for the
purpose of evaluating patients for the issuance of a cannabis recommendation
or card.
d. Selling, distributing, or transferring cannabis or cannabis products out of the
State.
e. No cannabis or cannabis products or graphics depicting cannabis or cannabis
products shall be visible from the exterior of any the National Orange Show
Events Center, or on any of the vehicles owned or used as part of the
temporary cannabis event.
f. No person shall cause or permit the sale, dispensing, or consumption of
alcoholic beverages to any person, including minors, on or about the property
during the temporary cannabis event. No person shall cause or permit the sale
of tobacco products to any person, including minors, on or about the property
during the temporary cannabis event.
6. This Conditional Permit may be suspended or revoked by the City Manager, or her
designee, for violation of these conditions, any local or State law and/or any rule,
regulation, and/or standard adopted pursuant to Chapter 5.10 of the San Bernardino
Municipal Code. The suspension or revocation of any State-issued temporary cannabis
event license shall immediately suspend the ability of the Applicant to operate within
the City of San Bernardino.
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7. Prior to the temporary cannabis event the Applicant must first obtain all applicable
planning, zoning, building, and other applicable permits from the relevant
governmental agency which may be applicable to such temporary cannabis event.
8. Non-transferrable. The Applicant shall not transfer ownership or control of this permit
to another person unless and until the transferee obtains an amendment to this permit
from the City Manager. Changes to the Applicant’s business structure or a substantial
change in the ownership of the Applicant (changes that result in a change of more than
51% of the original ownership) must be approved in advance by the City Manager.
The Applicant shall not change the form of business entity without approval in
advance of the City Manager.
9. By April 12, 2018, and at all times this permit is valid, the Applicant shall maintain a
valid City of San Bernardino business registration certificate.
10. Indemnification.
a. For the purposes of this Condition, the term City shall include the City of San
Bernardino, the City of San Bernardino Planning Commission, the Mayor and
City Council, Community Development Director, City Manager, and/or any
City of San Bernardino elected officials, appointed officials, agencies,
departments, commissions, agents, officers, and/or employees. For the
purposes of this Condition, the term Applicant shall include all parties applying
for approval on the Conditional Permit 18-01, including but not limited to the
owner or owners of the property or properties upon which the temporary
cannabis event will be sited and the Applicant’(s) successor(s)-in-interest.
b. Applicant shall defend (with legal counsel chosen by City), indemnify, and
hold harmless the City from and against any and all claims, actions, losses,
expenses, damages, demands, suits and/or proceedings of any kind brought by
anyone challenging the validity and/or legality of the Conditional Permit 18-
01, the process followed, or any action taken to provide related environmental
clearance under the California Environmental Quality Act (“CEQA”).
Applicant shall further defend, indemnify, and hold harmless the City from and
against any and all claims, actions, losses, expenses, damages, demands, suits
and/or proceedings of any kind brought by anyone challenging the validity
and/or legality of the Applicant’s temporary cannabis event that is the subject
of the Conditional Permit 18-01. With respect to the City’s review and/or
approval of the Conditional Permit 18-01, this obligation shall also extend to
any effort to attack, set aside, void, or annul the approval of the Conditional
Permit 18-01, including any contention that the Conditional Permit 18-01 or its
approval is defective because a City ordinance, resolution, policy, standard,
rule, regulation, or plan is not in compliance with local, State or federal law.
With respects to acts or omissions of the Applicant, its agents, employees, or
contractors, its obligation, hereunder, shall apply regardless of whether the City
prepared, supplied, and/or approved plans and/or specifications.
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c. Applicant shall defend (with legal counsel chosen by City), indemnify, and
hold harmless the City from and against any and all liability whatsoever that
relates in any way to the temporary cannabis event that is the subject of the
Conditional Permit 18-01 and/or arising out of the acts or omissions of
Applicant in the operation of the temporary cannabis event that is the subject of
the Conditional Permit 18-01.
d. Applicant shall pay all costs of defense, including but not limited to, attorneys’
fees and costs, City Staff time, and City Attorney time. The City may, in its
unlimited discretion, participate in the defense of any such claim, action, or
proceeding if the City defends the claim, action, or proceeding in good faith.
The defense and indemnification of the City set forth herein shall remain in full
force and effect throughout all states of litigation including appeals of any
lower court judgments rendered in the proceeding.
e. If any legal action or special proceeding related to the Conditional Permit 18-
01 is commenced by anyone for any reason, the City and Applicant agree to
cooperate with each other in good faith to defend the City.
f. The Applicant shall not settle any lawsuit on grounds which include, but are
not limited to, non-monetary relief, without the consent of the City.
11. Applicant shall not begin any performance under this Conditional Permit 18-01 until it
has (1) provided City insurance certificates and endorsements reflecting evidence of
all insurance and endorsements required and described herein; (2) obtained City
approval of each insurance company or companies; and (3) confirmed that all polici es
contain the special provisions required herein. Applicant’s liabilities, including but not
limited to Applicant’s indemnity obligations, under this Conditional Permit 18-01,
shall not be deemed limited in any way to the insurance coverage required herein.
Maintenance of specified insurance coverage is a material element of this Conditional
Permit 18-01, and Applicant’s failure to maintain or renew coverage or to provide
evidence of renewal during the term of this Conditional Permit 18-01 shall be treated
by City as justification for immediate revocation of this Conditional Permit 18-01.
City reserves the right to require Applicant to submit copies of any policy upon
reasonable request by City.
a. All policies shall include, and the insurance certificates shall reflect, a 30-day
non-cancellation clause that provides thirty (30) days written notice by
certified mail to City prior to any material change or cancellation of any of said
policies.
b. Applicant shall not modify any policy or endorsement thereto which increases
City's exposure to loss for the duration of this Conditional Permit 18-01.
c. Applicant shall maintain insurance coverage at its own expense as follows:
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i. Commercial General Liability. Commercial General Liability (CGL)
insurance written on an ISO Occurrence form CG 00 01 07 98 or an
equivalent form providing coverage at least as broad which shall cover
liability arising from any and all bodily injury, personal injury,
advertising injury or property damage in the amount of $1 million per
occurrence and subject to an annual aggregate of $2 million. There
shall be no endorsement or modification of the CGL limiting the scope
of coverage for either insured claims or contractual liability. All
defense costs shall be outside the limits of the policy.
ii. Commercial Automobile Liability. For all of Applicant’s automobiles
including owned, hired and non-owned automobiles, Applicant shall
keep in full force and effect, automobile insurance written on an ISO
form CA 00 01 12 90 or a later version of this form or an equivalent
form providing coverage at least as broad for bodily injury and property
damage for a combined single limit of $1 million per occurrence. The
insurance certificate shall reflect coverage for any automobile (any
auto).
iii. Workers' Compensation. For all of Applicant 's employees who are
subject to this Conditional Permit 18-01 and to the extent required by
the applicable state or federal law, Applicant shall keep in full force and
effect, a Workers’ Compensation policy. That policy shall provide a
minimum of $1 million of employer’s liability coverage, and Applicant
shall provide an endorsement that the insurer waives the right of
subrogation against City and its respective elected officials, officers,
employees, agents, and representatives.
d. Deductibles. All deductibles or retentions on any policy shall be the sole
responsibility of Applicant and shall be disclosed to City at the time the
evidence of insurance is provided.
e. Acceptability of Insurers. Except for the State Compensation Insurance Fund,
all insurance required by this Conditional Permit 18-01, shall only be carried
by insurance companies with a current rating of at least “A-, VI” by A.M. Best
Company that are authorized by the California Insurance Commissioner to do
business in the State of California, and that have been approved by City.
f. City will accept insurance provided by non-admitted, “surplus lines” carriers
only if the carrier is authorized to do business in the State of California and is
included on the List of Approved Surplus Lines Insurers (LASLI list). All
policies of insurance carried by non-admitted carriers are subject to all of the
requirements for policies of insurance provided by admitted carriers described
herein.
g. Required Endorsements. The following endorsements to the policies of
insurance are required to be provided to City before April 12, 2018:
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i. Commercial General Liability Insurance Endorsements.
1. Additional Insured. To the fullest extent allowed by law,
including but not limited to California Insurance Code section
11580.04, the policy or policies must be endorsed to include as
an insured City of San Bernardino and its respective elected
officials, officers, employees, agents and representatives with
respect to liability arising out of (a) ongoing operations
performed by you or on your behalf, (b) your products, (c) your
work, including but not limited to your completed operations
performed by you or on your behalf, or (d) premises owned,
leased, controlled or used by you.
2. Primary and Non-contributory Coverage. The policy or policies
must be endorsed to provide that the insurance afforded by the
Commercial General Liability policy or policies is primary to
any insurance or self-insurance of City, its elected officials,
officers, employees, agents and representatives as respects
operations of the Named Insured. Any insurance maintained by
City, its elected officials, officers, employees, agents and
representatives shall be in excess of Applicant’s insurance and
shall not contribute to it.
3. Severability of Interest. The policy or policies must be endorsed
to provide that Applicant’s insurance shall apply separately to
each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability and
shall provide cross-liability coverage.
ii. Automobile Liability Insurance Endorsements.
1. Additional Insured. To the fullest extent allowed by law,
including but not limited to California Insurance Code section
11580.04, the policy or policies must be endorsed to include as
an insured City of San Bernardino and its respective elected
officials, officers, employees, agents and representatives with
respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of Applicant.
2. Primary and Non-contributory Coverage. The policy or policies
must be endorsed to provide that the insurance afforded by the
Automobile Liability policy or policies is primary to any
insurance or self-insurance of City, its elected officials, officers,
employees, agents and representatives as respects operations of
the Named Insured. Any insurance maintained by City, its
elected officials, officers, employees, agents and representatives
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shall be in excess of Applicant’s insurance and shall not
contribute to it.
3. Severability of Interest. The policy or policies must be endorsed
to provide that Applicant’s insurance shall apply separately to
each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability and
shall provide cross-liability coverage.
iii. Worker’s Compensation Insurance Endorsements.
1. Waiver of Subrogation. The Worker’s Compensation policy or
policies must be endorsed to provide that the insurer will waive
all rights of subrogation against City of San Bernardino, its
elected officials, officers, employees, agents and representatives
for losses paid under the terms of this policy or these policies
which arise from work performed by the Named Insured for
City.
2. Reservation of Rights. City reserves the right, from time to time,
to review Applicant’s insurance coverage, limits, deductible,
and self-insured retentions to determine if they are acceptable to
City. City will reimburse Applicant for the cost of the additional
premium for any coverage requested by City in excess of that
required by this Agreement, without overhead, profit, or any
other markup.
h. Additional Insurance. Applicant may obtain additional insurance not required
by this Agreement.
i. Excess Insurance. All policies providing excess coverage to City shall follow
the form of the primary policy or policies including but not limited to all
endorsements.
12. Event-related construction activities preparing for the temporary cannabis may not
occur between the hours of 8:00 p.m. and 7:00 a.m. No construction vehicles,
equipment, or employees may be delivered to, or arrive at the event location before
7:00 a.m. or leave the site after 8:00 p.m.
13. The temporary cannabis event may only be open to the public on April 20, 2018 and
April 21, 2018 between the hours of 11:30 a.m. through midnight and on April 22,
2018 between the hours of 11:30 a.m. to 9:00 p.m.
14. Minor modification to the plans and lists submitted shall be subject to approval by the
City Manager. Any modification that exceeds 10% of original plans or lists shall not
be permitted.
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15. The project shall comply with all applicable requirements of the Building and Safety
Division, Police Department, Municipal Water Department, Public Services
Department and the City Clerk’s Office/Business Registration Division.
16. This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Environmental Health Services,
San Bernardino County Consolidated Fire District, and California Board of
Equalization), as applicable.
17. Signs are not approved as part of this permit. Prior to establishing any new signs or
replacing existing signs, the applicant shall submit an application and receive approval
for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar
signs are prohibited unless a Temporary Sign Permit is obtained.
SECTION 8. Severability: If any section, subsection, subdivision, sentence, or
clause or phrase in this Resolution or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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RESOLUTION NO. 2018-99
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING CONDITIONAL PERMIT 18-01 FOR A
TEMPORARY CANNABIS EVENT AT THE NATIONAL ORANGE SHOW EVENTS
CENTER BY THE TRANS-HIGH CORPORATION FOR APRIL 20, 2018 THROUGH
APRIL 22, 2018 PURSUANT TO SAN BERNARDINO MUNICIPAL CODE SECTION
5.10.060(B)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a ___________meeting thereof, held on the
day of , 2018, by the following vote to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
_______________________________
Georgeann Hanna, CMC, City Clerk
The foregoing Resolution is hereby approved this _____day of _____________, 2018.
________________________________
R. CAREY DAVIS, Mayor
Approved as to form: City of San Bernardino
Gary D. Saenz,
City Attorney
By: ________________________________
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