Discussion
City of San Bernardino
Request for Council Action
Date: March 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Fiscal Year 2021/22 Mid Year Update (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Receive and File the Fiscal Year 2021/22 Mid-Year Budget Report; and
2. Adopt Resolution No. 2022-54 Authorizing the City Manager to Amend the Fiscal Year 2021/22 General Fund Operating Budget by $4,824,732 as outlined in the Fiscal Year 2021/22 Mid-Year Budget Report.
Background
In December 2021, the Mayor and City Council reviewed the first quarter report for Fiscal Year 2021/22. The first quarter report included information on the higher-thanexpected revenues at the close of Fiscal Year 2020/21 as well as detailed information on the general fund revenue trends and expenditures. The Mid-Year report for Fiscal Year 2021/22 is a continuation of the budget monitoring and performance for the year.
Included in this report is a review of the City’s revenue trends and projections as well as a review of the general fund expenditures and projections for the remainder of the fiscal year. The Mid-Year budget report is an important opportunity to review projected revenues and expenditures for the remainder of the fiscal year and provide an assessment on any additional funds that are needed. This mid-year review also frames budget targets heading into the new biennial budget for Fiscal Years 2023-2024.
Discussion
Following the first quarter report, the City’s finance team worked in close partnership with departments to put together a mid-year review of the operating budgets. Each department prepares revenue estimates and projected expenses for the remainder of the year. In reviewing the budget performance with departments, the city’s finance and budget division identifies areas where there are potential savings to utilize for department needs and also identifies areas where additional appropriation is needed for the remainder of the fiscal year. Further into this report, there is a detailed outline of the Packet Pg. 1159
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general fund expenditures and operating budgets. Many of the departments remain within target for the year, however, some departments have experienced unforeseen expenditures that require additional funding.
Further, due to the continued growth and period of rebuilding within the City of San Bernardino, there are several requests before the Mayor and City Council to review for additional funding. These requests are thoroughly reviewed by the City’s budget and finance teams in partnership with the departments and City Manager’s Office. These requests supplement the ongoing work within the departments and expand the ability for these teams to meet the needs of the community. These requests are detailed below with the fiscal impact for this fiscal year in addition to the on-going fiscal impacts where relevant.
Overall, the projected expenditures in the general fund through the end of the Fiscal Year are $178,833,605, with general revenues coming in over $184,782,824. The difference in the projected revenues and expenditures allows for some additional expenses to be considered, particularly those that expand the service levels and benefits to our community. These additional considerations are outlined below. Due to the continuing period of growth, strong revenue trends, and significant fund balance due to the higher-than-expected revenues at the end of the last fiscal year, the budget division and finance team feels confident in recommending these additional expenditures.
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General Fund Revenue Trends
The City of San Bernardino continues to operate in a period of continuous growth rendering strong revenue trends year to date through December 31, 2021. Overall, revenues are trending either on target for the projected budgeted amount or slightly higher. The primary drivers of the City’s revenue continue to be from Sales and Use Tax and Measure S, but revenue from licenses and permits as well as revenue from Cannabis are trending higher than projected for the fiscal year. The review below covers some of the primary areas where revenue projections have altered from the amended budget amount.
Adopted Budget
FY 22
Amended Budget
FY 22
Actual Through
12/31/21 Projections FY 22
Charges for Service $ 5,970,300.00 $ 7,470,300.00 $ 4,306,716.07 $ 7,342,180.00 Fines & Forfeitures $ 1,478,500.00 $ 1,478,500.00 $ 437,280.43 $ 1,104,000.00 Franchise Tax $ 11,781,000.00 $ 11,781,000.00 $ 3,142,071.34 $ 11,781,000.00 Intergovernmental $ 2,243,602.00 $ 2,746,947.00 $ 440,773.87 $ 2,276,315.00 Investment Income $ 500,978.00 $ 500,978.00 $ 398,571.01 $ 578,978.00 Licenses & Permits $ 11,858,000.00 $ 11,858,000.00 $ 5,621,157.74 $ 12,988,000.00 Miscellaneous $ 2,766,037.00 $ 2,778,037.00 $ 215,748.29 $ 2,798,037.00 Other Taxes $ 7,493,262.00 $ 7,493,262.00 $ 3,775,879.91 $ 9,566,986.00 Property Taxes $ 19,267,608.00 $ 19,267,608.00 $ 125,151.73 $ 19,267,608.00 Sales & Use Tax $ 45,391,210.00 $ 45,391,210.00 $ 14,371,959.47 $ 48,000,000.00 Use of Money & Property $ 779,600.00 $ 779,600.00 $ 109,500.79 $ 779,600.00 Utility Users Tax $ 22,700,000.00 $ 22,700,000.00 $ 11,981,351.78 $ 22,700,000.00 Cannabis Revenue $ 1,170,120.00 $ 3,080,566.81 $ 2,861,063.92 $ 3,600,120.00 Measure S Total $ 41,016,456.00 $ 41,016,456.00 $ 11,848,707.51 $ 42,000,000.00 General Fund Total $ 174,416,673.00 $ 178,342,464.81 $ 59,635,933.86 $ 184,782,824.00
CITY OF SAN BERNARDINO REVENUE ESTIMATES
FY 2021-2022
Fines and Forfeitures
This revenue stream is comprised of several sources including parking citations and civil penalties. Currently, the projected revenue from these sources is expected to fall slightly under the amended budget amount based on the revenue collected year to date.
With the Police Department finalizing the recruitment of parking enforcement officers, this revenue could potentially increase.
Intergovernmental
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The primary driving force behind the revised revenue projection in this category is due to the City not yet receiving recoverable expenses for police department overtime at outside events.
Sales & Use Tax
The City is primarily a sales-tax dependent City, with Sales and Use Tax, and the Measure S Transaction and Use Tax representing nearly 50% of the FY 2021/22 General Fund revenues in the adopted budget. Sales tax receipts are reported and remitted to the State on a monthly basis, and the City receives its remittance two months after the taxes are collected. The mid-year update reflects two months’ worth of sales tax receipts, and the revenue trends continue to stay on budget, if not trending slightly higher than the amended budgeted amount. A portion of the increase in sales tax collections is driven by the auto buying market, which continues to see steady increases in sales. Based on the strong sales tax returns year to date, we are revising the end of year projections from the amended budget amount of $45.4 million up to $48 million.
Measure S
Like the sales and use tax, this Transaction and Use Tax (TUT) represents a considerable portion of the City’s General Fund revenue and continues to perform well.
When Measure S was adopted in November 2020, it was projected to bring in an additional $27 million. The actual numbers we have seen to date indicate that revenues from Measure S are trending higher than originally projected. For Fiscal Year 2021/22, though consultants are forecasting significantly higher revenues based on trends, staff is adopting a more cautious approach in consideration of economic indicators and declining consumer confidence, projecting a modest increase from the budgeted amount of $41 million to $42 million for Fiscal Year 2021/22.
Cannabis Revenue
Cannabis revenue comprises just under 2 percent of the total revenue for the City. The revenue comes to the City through permit application and regulatory fees, special events, as well as the cannabis tax which comprises the largest component. Revenues are coming in slightly higher than anticipated and therefore reflected in a revised projection for Fiscal Year 2021/22.
Licenses and Permits
Revenue from various licenses and permits are currently trending higher than budgeted.
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The increase in development activity within the community is reflected in the increase in building, mechanical and various other permit fees.
Property Taxes
The actuals year to date on the property tax revenues appear low, however, the receipts for these are received in January and June. The snapshot above only captures revenue collected through the end of December 2021 and therefore doesn’t reflect the payments the City received in January.
General Fund Expenditures
Departments have continued to work to fill positions and bring service levels within our programs and initiatives back to levels that can better serve the community. During the mid-year review process, the finance team reviews the actual expenditures year to date with each department and projects areas that may need additional funding through the end of the fiscal year due to unexpected expenses.
The chart below provides a snapshot of the current year to date transactions through December 2021 in the general fund departments and the anticipated projections for the end of the fiscal year. Many of the departments remain on track for the fiscal year with a few exceptions that will require additional funding as outlined below.
FY 2021/22 FY 2021/22 FY 2021/22 FY 2021/22 Variance
Department Adopted Amended Mid Year Mid-Year Amended to Budget Budget YTD Update Mid-Year
010 Mayor 367,096 367,096 192,471 367,096 -
020 City Council 836,795 869,289 506,012 869,289 0.19
030 City Clerk 1,540,453 1,603,512 498,310 1,603,512 -
050 City Attorney 2,836,729 2,836,729 1,563,404 3,836,759 (1,000,029.24) 090 General Government 9,093,654 9,168,654 3,990,471 9,167,975 678.31 100 City Manager 1,738,851 1,727,696 838,386 1,753,512 (25,816.20) 110 Human Resource 2,003,587 2,477,929 922,117 1,769,196 708,733.46 120 Finance 4,909,915 5,137,836 2,211,247 5,025,579 112,257.28 150 Assessment Districts 138,000 138,000 34,500 138,000 - 160 Capital Projects 25,720,000 25,770,094 7,881,757 15,763,514 10,006,580.00 180 Community & Economic Development 7,584,317 9,430,041 3,049,244 9,388,476 41,565.10 210 Police 92,622,058 94,895,689 56,552,525 96,890,813 (1,995,123.77) 380 Parks Recreation & Community 4,747,495 4,973,860 2,085,949 4,155,729 818,130.10 400 Public Works 22,240,480 25,044,783 10,013,094 24,521,904 522,879.39 470 Library 2,745,256 3,009,601 1,312,266 2,854,821 154,779.96 Total Expenditures 179,124,684 $ 187,450,809 $ 91,651,753 $ 178,106,175 9,344,635 City of San Bernardino
Fiscal Year 2021/22 General Fund Expenditures
Mid-Year Budget Update
Budget Amendments Current Service Levels:
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In reviewing the operating budget expenditures at mid-year a few items were identified that will require additional budget amendments. Staff is requesting that the Mayor and City Council approve the following budget amendments due to unforeseen expenses:
Fund 635- Fleet Services Fund
Fund 635 is the fleet services fund. Due to an increase in the fuel excise tax the amount budgeted in this fund was lower than the actual expenses for this fiscal year. Staff is recommending an addition of $80,850 to cover these additional expenses. Further, this fund has seen an increase in electric charges and will need an additional $50,000 for a total of $130,000.
Fund 629- Liability Fund
Due to increasing claim settlements that have come in this year and additional claims that are expected through the remainder of the fiscal year, this fund is requesting an additional allocation of $1,154,350.
NOTE: funds 635 and 629 are internal service funds that provide services to internal departments within the City. Costs in these funds are distributed to departments within the General Fund, and any increase is a cost to the General Fund.
Police Department
The Police Department has seen an increase in overtime expenses for special events that was not anticipated in this Fiscal Year’s budget. The department requires an additional $550,068 to cover the overtime, which is offset by special event revenue to some degree. The increase in overtime requires the approval of Council in order to increase the department’s budget. There are several other areas where the department has seen budget overages on expenditures which is reflected in the nearly $2 million deficit in the chart above. Many of these can be covered through administrative transfers from salary savings in other departments. These allocations and transfers will be included in the budget amendments and transfers between departments provided to Council on a quarterly basis when they are completed. (See Transparency and Accountability, below)
City Attorney
The entirety of the proposed budget increase associated with the City Attorney’s Office is for specialized legal counsel, not the regular (retainer-based) day-to-day legal work and review. The increase is predominantly associated with increased litigation. The City has seen an increase in litigation since exiting Chapter 11 Bankruptcy. The City no longer enjoys the benefits of bankruptcy protection and plaintiffs' attorneys once again see the City as a viable target for litigation. The City has several large cases that remain outstanding and the department requires an additional $1,000,000 this fiscal year to cover the on-going cost of these specialized services. The increase in the budget in this area is also reflective of the trend toward a higher proportion of legal expenditures being handled by the City Attorney’s Office rather than across multiple departments’ budgets.
While City’s total legal spend has decreased and the proportion of governmental expenditures that are legal expenditures has decreased, the City Attorney’s Office budget handles a much higher proportion of the City’s legal expenditures than it Packet Pg. 1164
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previously did.
City Manager’s Office
The City Manager’s office in the chart above reflects a deficit for the year due to the payment of leave accruals upon the departure of a long-time department employee.
This deficit will be covered through salary savings within the department.
Transparency & Accountability
In December, the Council approved amendments to the City’s Municipal Code that granted authority to the City’s finance team to make administrative transfers within the City’s budget. These amendments enabled greater flexibility to transfer available resources within a given fund between departments and allowed finance staff to allocate salary or personnel savings to operating expenses. For those departments that had small deficits due to unforeseen costs, the finance staff will transfer funds from personnel savings or from other areas within department budgets to cover the difference. For example, a department may have a deficit due to a vacation payout for an employee who departed from the City. While unexpected, the cost is covered through transfers from salary savings within the department or within the organization.
This doesn’t impact the total expenditures, or the spending authority granted to staff through the adoption of the budget.
Budget Monitoring & Planning
Furthering the mission on transparency and accountability to the community, the City’s Finance department is continuing to develop the OpenGov online budget book. We anticipate that this will be available for full review at the end of March 2022. This will be an important resource and tool for Council and the community to take a deeper dive into the City’s expenditures, understand where our resources are allocated and make important decisions about how to spend future dollars.
Budget Amendments- Increasing Service Levels
During the mid-year review with departments the following requests were identified in order to meet the on-going demand for services in the community. These requests all increase the current service level and require additional funding. Staff is recommending the approval of the following amendments to the Fiscal Year 2021/22 budget:
City Council
The City Council has requested an additional $3,000 for this Fiscal Year to increase the postage funding available for mailings. These mailings are intended to communicate with and engage the community and are an important part of reaching residents and keeping them informed on important topics and issues in their City.
City Manager’s Office
The City is experiencing an increase in developer interest, managing historic levels of new grants and special projects and investing in improvements throughout the community. As the City works to improve the quality of life for the community, engage residents and provide adequate resources so that Council priorities receive the attention necessary to ensure their success, the City Manager’s Office is requesting two Packet Pg. 1165
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additional positions for their team. One Senior Management Analyst position will assist with budget and policy development priority areas. The second position, an Administrative Analyst, will support a variety of administrative functions and allow the Senior Analyst to dedicate a greater portion of time to higher level analysis. This increase in staff will improve capacity to move critical projects forward. The estimated cost for these two positions is estimated to be $80,977 for Fiscal Year 2021/22 and $249,467 annually going forward.
Police
The Police Department is requesting an additional Property Evidence Technician position. The department has seen a 45% increase in the pieces of evidence requiring processing annually over the last four years. The department estimates that out of nearly 100,000 pieces of property currently in evidence, 70% are items that are no longer needed. However, without the staff to inventory items and dispose of them properly, the storage capacity for property has reached its limit. The addition of this staff person can support processing an additional 5,000 pieces of property per year. While this will not address the full backlog, it will help to significantly reduce it. The fully encumbered cost for this position is $18,128 for Fiscal Year 2021/22 and a total cost of $172,587 annually going forward.
Animal Services
Pet licensing services helps to ensure that pets within the City of San Bernardino are not only licensed but also have current rabies vaccinations. The Animal Services Department is requesting an additional six seasonal license checkers that would be responsible for canvassing the City to enforce licensing requirements. Further, these individuals would help to educate the community around the responsibilities of pet ownership within the City as outlined in the municipal code. The cost for these positions could potentially be offset by the increased revenue from licensing. It’s estimated that on average a successful canvasser can bring in additional $100 per day in revenue. The cost for these positions in Fiscal Year 2021/22 is $75,000 and would carry an ongoing personnel cost of $300,000 into Fiscal Year 2022/24.
Animal Services is requesting an increase to their existing funding for contract veterinarian services for the care of animals at the shelter and for the performance of spay/neuter services. These contract veterinary staff serve animals in the shelter and the community. The increase requested for Fiscal Year 2021/22 is $150,000.
Animal Services is also requesting a new registered Veterinary Technician position.
This position will focus on the support of all clinic duties. Due to an increase in the demand for services, this position will support the ongoing efforts within animal services.
This is a new position and classification that will need final salary range approval; however, it is estimated to cost $25,000 for the remainder of Fiscal Year 2022 and have an ongoing cost of $100,000 annually.
Public Works
The City's inactive landfill, the Waterman Landfill (WLF) continues to require maintenance and monitoring per South Coast Air Quality Management District Packet Pg. 1166
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(SCAQMD) Rule 1150.1 and Title 27 of the California Code of Regulations. Currently, WLF has multiple severe surface cracks that are affecting the Landfill Gas collection system and the methane levels of the perimeter probe are currently in violation. An additional $100,000 in needed for ongoing operations, maintenance and monitoring to repair the surface cracks and other non-routine maintenance. Per section 3.4.5 of the Franchise agreement with Burrtec, the Landfill Maintenance Cost Avoidance Payment (annually) should cover costs for WLF maintenance, monitoring and repairs.
The Public Works Department is responsible for Capital Improvement Plan Projects throughout the City. Some of these projects include State Street Widening, 40th Street widening, H Street widening, Mt. Vernon Bridge Replacement and 2nd Street Bridge Replacement and other significant projects that require engineering expertise. The City currently contracts with multiple Engineering firms to provide staff augmentation for oversight of these projects and future projects. However, the department has identified that significant efficiencies can be found in hiring a Senior Project Manager in house.
This new position would be responsible for the overall management and oversight of the projects and ensure that projects fall within the expected scope, budget, and schedule.
The expected expense for this new position for Fiscal Year 2021/22 is $24,000 and $157,380 annually going forward.
Public Works is working to establish the sidewalk power washing program. To support this program, the department is requesting the addition of several maintenance worker positions as well as a mini loader vehicle. The total cost for Fiscal Year 2021/22 for this request is $70,761 for the maintenance positions and the two mini loader vehicles are $137,000. The on-going costs for the personnel will roll over into future budgets.
The current contract for city-wide tree trimming services needs additional funds to continue operations for the year and support future emergency removals or complex tree work. Currently, there are approximately 640 identified (and recorded) dead or declining trees that require urgent removal. While not all these trees will be able to be removed this fiscal year, nearly half can be addressed with the additional funds if approved. Public Works is requesting an additional $225,000 for Fiscal Year 2021/22.
The additional funding to remove the remaining dead or declining trees will be requested in the upcoming biennial budget.
City-wide street lighting is provided for the safe operation of roads and sidewalks.
Currently Public Works has a backlog of over 45 street or sidewalk lights that are in need of replacement. Several neighborhoods throughout San Bernardino have been waiting for replacements for more than a year. To expedite the replacement of these lights, Public Works is requesting an additional $200,000 for Fiscal Year 2021/22 to expand the scope of the current agreement to cover overall replacement of poles and components.
Public Works has also identified the need to increase the service levels for the graffiti abatement program. This will enhance the staff’s ability to graffiti vandalism throughout the City. In exploring this expansion of services, the Public Works team evaluated the contractual cost for services versus bringing the services in house. Following the Packet Pg. 1167
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evaluation of costs, it was determined that there are significant cost savings by bringing the services within the department. Further, by utilizing staff the response time can be better managed after hours and on weekends when most calls for service occur. To bring the services in house, the Public Works team is requesting the addition of two fulltime Maintenance Worker I positions, the purchase of one F-150 truck, two tow behind heated pressure washers and paint supplies. The total cost for this service level enhancement is $279,510 for Fiscal Year 2021/22. Annually, there will be ongoing supplies and materials costs associated with the program as well as the ongoing personnel costs.
Information Technology
The Information Technology department is working to better serve the long-term needs of the City, including the upcoming replacement of the city-wide Enterprise Resource Planning (ERP) system that interfaces with nearly every other system in the City. To support this transition, the City needs to increase the speed of the internet from 1gb to 10gb. The increase in internet speeds also requires additional hardware to support, maintain and protect the ongoing operations of the network. The requests for Fiscal Year 2021/22 include upgrading the firewall to ensure the protection of the network, and the replacement of the switches that support the distribution of the network speed.
These upgrades to the network and hardware at both City Hall and the Police Department will also allow future redundancy between the two locations in case one location goes down. The cost for these upgrades is $485,000.
Human Resources
The Human Resources Department is requesting that the currently vacant Risk Division Manager position be reclassified to a Deputy Director of Human Resources- Risk Management. This position has remained vacant following multiple rounds of recruitment that have failed to yield qualified candidates. This reclassification is warranted not only to increase the compensation to better attract qualified candidates, but also based on the complexity of the position and division. This classification does not exist within the Human Resources department in the most recent city-wide salary schedule. Staff is recommending that Council approve the fiscal impact of this reclassification for Fiscal Year 2021-2022 of $6,768. This amount accounts for the difference in the top steps between the old and new classifications. At a later date, staff will bring the new job description and city-wide salary schedule that includes the reclassification of this position.
2021-2025 Strategic Targets and Goals
Receiving and Filing the FY 2021/22 Mid-year Budget Update Report aligns with Key Target No. 1: Improved Operational & Financial Capacity. Updated revenue and expenditure projections provide the Mayor and City Council with important information and analysis needed to make financial decisions impacting the City.
On October 27, 2021, a Strategic Action Planning Workshop was held with the Mayor and City Council. During the working session, the City's Executive Team presented the Fiscal Year 2021/22 Action Plan that outlines the priority action items for each of the four (4) 2021-2025 Key Strategic Targets and Goals. On November 17, 2021, the Mayor Packet Pg. 1168
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and City Council adopted Resolution 2021-271 approving the 2021-2025 Strategic Goals and the Fiscal Year 2021/22 Action Plan. Consistent with the November 17, 2021 staff report, A progress report will be included with quarterly budget updates presented to the Mayor and City Council. The February 2022 Action Plan progress report for Fiscal Year 2021-2022 is included as in attachment to the Fiscal Year 2021/22 Mid-Year Update (Attachment 3)
Fiscal Impact
Summary of General Fund Mid-Year Budget Amendments:
Budget Amendments- Current Service Level Request Type FY 22 Requests
Fleet Services Fund- Electric Charges One-time Operational $50,000 Fleet Services Fund- Fuel Excise Tax One-time Operational 80,850 Human Resources Liability Fund-Liability
Claims
One-time operational 1,154,350
Police Department Overtime- Special Events One-time operational 550,068 City Attorney- Outside legal services One-time operational 1,000,000 Council Postage Request One-time operational 3,000
Subtotal $2,838,268
Additional Unfunded Needs Requests
1 Senior Management Analyst- CM Office Personnel 47,101 1 Administrative Analyst Flex Personnel 33,876
1 Property Evidence Technician Personnel 18,128
6 Seasonal License Checkers Personnel 75,000
Contract Veterinarian Personnel 75,000
Registered Veterinary Technician Personnel 100,000
Senior Project Manager Personnel 24,000
Human Resources Deputy Director Personnel 6,768
Waterman Landfill Maintenance One-time operational 100,000 Graffiti Abatement Program Personnel & On-going
operational
279,510
Sidewalk Power Washing Program On-going operational 207,761 Tree Service Maintenance Increase One-time Operational 225,000 Light Knock Down Program On-going operational 200,000
Firewall Fortinet for City Hall & PD One-time Capital 375,000 Switch City Hall & PD One-time Capital 70,000
Firewall Log Server One Time Capital 40,000
Subtotal $1,986,464
TOTAL Budget Amendment General Fund $4,824,732
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Receive and File the Fiscal Year 2021/22 Mid-Year Budget Report; and Packet Pg. 1169
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2. Adopt Resolution No. 2022-54 Authorizing the City Manager to Amend the Fiscal Year 2021/22 General Fund Operating Budget by $4,824,732 as outlined in the Fiscal Year 2021/22 Mid-Year Budget Report.
Attachments
Attachment 1 Resolution No. 2022-54 Fiscal Year 2021-22 Budget Amendments Attachment 2 Fiscal Year 2021-2022 Mid-Year Report Presentation Attachment 3 Priority Action Plan Update February 2022
Ward: All
Synopsis of Previous Council Actions:
June 16, 2021 The Mayor and City Council adopted Resolution No. 2021-138 approving the City of San Bernardino’s Operating Budget and Capital Improvement Program (CIP) for FY 2021/2022.
December 2, 2021 The Mayor and City Council received and filed the 1st Quarter Budget Report for Fiscal Year 2021/22.
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Resolution No. 2022- 54
RESOLUTION NO. 2022- 54
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO AMEND THE
FISCAL YEAR 2021/ 22 GENERAL FUND OPERATING
BUDGET IN THE AMOUNT OF $ 4, 824,732 FOR THE
AMOUNTS DETAILED IN THE MID YEAR FISCAL YEAR
2021/ 22 REPORT
WHEREAS, the Fiscal Year 2021/ 22 resulted in higher than anticipated operating surplus and fund balance; and
WHEREAS, the City of San Bernardino is in a period of growth and development; and WHEREAS, departments are focusing on improvements to external and internal customer service; and
WHEREAS, in order to make necessary improvements departments require some additional funding.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Mayor and City Council hereby authorize the City Manager to amend the Fiscal Year 2021/ 22 General Fund Operating Budget in the amount of $4, 824, 732 as detailed in the Mid -Year Fiscal Year 2021/ 22 Report.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions ofthis Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
Resolution 2022- 54
March 2, 2022
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Resolution No. 2022- 54
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2° a
day of March 2022. w Aft
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Pr
Sonia Carvalho, City Attorney
Resolution 2022- 54
March 2, 2022
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Resolution No. 2022- 54
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022- 54, adopted at a regular meeting held on the 2nd day of March 2022 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ X
IBARRA X
FIGUEROA X
SHORETT X
REYNOSO X
CALVIN X
ALEXANDER X
WITNESS my hand and official seal of the City of San Bernardino this 3rd day of March 2022.
Genoveva Rocha, CMC, City Clerk
a
Resolution 2022- 54
March 2, 2022
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH TETRA TECH BAS, INC.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of November 16, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Tetra Tech BAS, Inc., a California Corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated October 1, 2020, for the purpose of providing professional services for State Mandated Operations, Maintenance and Monitoring of the Landfill gas extraction system (the “Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in order to increase the Consultant’s compensation for each fiscal year.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Amendment to Section 4(b) of the Master Agreement. The first sentence of Section 4(b) of the Master Agreement shall be amended to read as follows:
“b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $418,160.00 ($18,180.00 per month for 12 months for monthly routine services and a total of $200,000.00 for non-routine services) for each fiscal year.”
3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
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5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
TETRA TECH BAS, INC.
Signature
Name
Title
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, 5th Ward
Department: Council Office
Subject: Resolution Declaring Homelessness a State of
Emergency (All Wards) – Council Member Reynoso
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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: November 16, 2022
To: Honorable Mayor and City Council Members
From: Damon L. Alexander, Council Member, 7th Ward
Department: Council Office
Subject: Airbnb Policy (All Wards) – Council Member
Alexander
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