Agenda packet — Mayor and City Council, July 19, 2023 (part 1 of 4)

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JULY 19, 2023
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG

Theodore Sanchez Helen Tran

Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa

Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett

Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso

COUNCIL MEMBER, WARD 5
Kimberly Calvin

COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.

To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents.

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER

Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Interim City Manager Charles E. McNeely
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha

5:30 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION Pg. 14

A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. The Estate of Rob Marquise Adams, by and through its Personal Representatives, Tamika King, et al. v. City of San Bernardino, United States District Court Case No. 5:22cv02206JGBSP
ii. Andrea Miller v. City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVDS2015337 and Court of Appeals Case No. E080807
iii. Promise Gracia, et al. v. City of San Bernardino, San Bernardino Superior Court Case No.

CIVSB2301828
iv. Brian Pellis, John Vasek v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2226731.

B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager

7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

Mayor and City Council of the City of San Bernardino Page 3

PRESENTATIONS

1. Economic Development Tools Presentation by Kosmont Companies (All Wards) Pg. 15

2. Citizen of the Month – Brandon Eldiab, Jimmy’s Liquor – 1st Ward Pg.38

3. Citizen of the Month – Marti Christiansen, Business Watch – 1st Ward Pg. 40

4. Citizen of the Month – Gurpreet Singh, La Cadena Market – 1st Ward Pg.42

5. Citizen of the Month – Luis Ojeda, We Are The Change – 1st Ward Pg. 44

APPOINTMENTS

6. Animal Control Commission Appointment of Sharon A. Negrete (Ward 4) Pg. 46

7. Downtown Advisory Committee Appointment of Vincent D. Laster (Ward 4) Pg.54

8. Arts and Historical Preservation Commission Appointment of Jeffreda Curry (Ward 4) Pg. 65

9. Measure S Citizens Oversight Committee Appointment of Jeffreda Curry (Ward 4) Pg. 78

10. Parks, Recreation and Community Services Commission Appointment of Esmeralda Negrete (Ward 4) Pg. 88

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE

CONSENT CALENDAR

11. Approval of Mayor and City Council Meeting Minutes Pg. 96 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes for the following meetings: January 11, 2023 Special Meeting, January 18, 2023 Special Meeting; January 18, 2023 Regular Meeting; March 1, 2023 Regular Meeting.

12. Agreement with Center for Employment Opportunities (CEO) (All Wards) Pg. 133 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Maintenance Services Agreement with the Center for Employment Opportunities, (CEO), for Citywide rightofway maintenance services, litter/illegal dumping collection, and weed abatement.

2. Adopt Resolution No. 2023116 authorizing the Agency Director of Administrative Services to amend the FY2023/24 Gas Tax Operating Budget Revenue and Expenditures by $464,340 for rightofway cleanup services and weed abatement; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340.

Mayor and City Council of the City of San Bernardino Page 4

13. CoApplicant for Round 5 Transformative Climate Communities Program Grant Funding (Ward 1, Ward 2) Pg. 200
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the Interim City Manager, or designee, to submit an application as a co applicant of the Housing Authority of San Bernardino County to the Round 5 Transformative Climate Communities Program for the Arrowhead Grove Redevelopment Project; and

2. Authorize the Interim City Manager, or designee, to enter into a partnership agreement as part of the application process detailing the collaborative stakeholder structure, and signing subsequent, necessary, and related documents to implement the agreement.

14. Approve the Purchase of Handheld Transceiver Radios from Motorola Solutions for Code Enforcement Officers Pg. 222
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to approve a Goods Purchasing Agreement with Motorola Solutions, Inc.; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $130,164.29 for Handheld Transceiver Radios for Code Enforcement Officers.

15. Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements of Public Nuisance Pg. 238
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023115, imposing liens on certain real property located within the City of San Bernardino to recover costs for Code Enforcement abatement of public nuisance.

16. Resolution and Amendment to the California Department of Housing and Community Development Standard Agreement for Permanent Local Housing Allocation Funds Spending Plan and Allocations (All Wards) Pg. 245
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution 2023 097 of the Mayor and City Council of the City of San Bernardino, amending Resolution 202092, as required by the California Department of Housing and Community Development, authorizing the Director of Community Housing and Economic Development, and the Deputy Director of Housing and Homelessness to execute the Permanent Local Allocation Program documents, and amending the Permanent Local Housing Allocation Funds Section 302 (c)(4) plan; and

2. Authorize termination of the Permanent Local Housing Allocation Program Subrecipient Agreement between the City of San Bernardino and Step Up on Second Street, Inc.

Mayor and City Council of the City of San Bernardino Page 5

17. Fiscal Year 202324 Special Tax Levies for Previously Formed Community Facilities Districts (Wards 3 and 5) Pg. 279
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2023098 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 202324 to Pay the Annual Cost of Public Safety Services and Administrative Expenses within Community Facilities District No. 20181 (Safety Services) of the City of San Bernardino;

2. Adopt Resolution No. 2023099 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023 24 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No 20182 (Verdemont Ranch) of the City of San Bernardino;

3. Adopt Resolution No. 2023100 of the Mayor and City Council of the City of San Bernardino, California Levying Special Taxes to be Collected During Fiscal Year 2023 24 to Pay the Annual Cost of Maintenance Services and Administrative Expenses within Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino;

4. Adopt Resolution No. 2023101 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023 24 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 20201 (Rancho Palma) of the City of San Bernardino;

5. Adopt Resolution No. 2023102 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023 24 to pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 20211 (Ferree Street) of the City of San Bernardino; and

6. Adopt Resolution No. 2023103 of the Mayor and City Council of the City of San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year 2023 24 to Pay for Facilities or to Pay Principal and Interest on Bonds and Administrative Expenses within Community Facilities District No. 20222 (Palm) of the City of San Bernardino.

18. Approval of Commercial and Payroll Disbursements (All Wards) Pg. 332 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for June 2023.

19. Appropriation of AQMD Funds for Vanpool Program (All Wards) Pg. 439 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the Agency Director of Administrative Services to appropriate a total of $37,000 using the AB2788 Air Quality fund; and,

2. Adopt Resolution No. 2023104 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 and FY 2023/24 Operating Budget by $13,000 and $24,000, respectively.

Mayor and City Council of the City of San Bernardino Page 6

20. Review of Administrative Budget Transfers (All Wards) Pg. 464 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from April 1, 2023 through June 30, 2023.

21. Authorize the issuance of purchase orders for the ongoing maintenance and support services for annual software and hardware usage fees with Atel Communications, Solutions Simplified for DocuSign Software Services, Tyler Technologies, Granicus, Harris Computers, NPA and Verizon. Pg. 467 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Agency Director of Administrative Services to execute the ongoing purchase orders for Annual Usage Fees, Software Maintenance, and Hardware Maintenance with Atel Communications, Solutions Simplified for DocuSign Software Services, Tyler Technologies, Granicus, Harris Computers, NPA Computers, and Verizon for a combined total not to exceed $1,197,572.69.

22. 20222025 Retired and Senior Volunteer Program (RSVP) – 2nd year of a 3year Grant Award (All Wards) Pg. 503
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2023105 approving a continuation of submitted budget application for year two of a threeyear grant through the National and Community Services Retired and Senior Volunteer Program; and,

2. Authorize the City Manager to accept the grant award in the amount of $54,809; and,

3. Authorize the Agency Director of Administrative services to amend the budget to appropriate the grant funds for the period of April 1, 2023, through March 31, 2024.

23. Accept 2021 Homeland Security Grant (All Wards) Pg. 333 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2023106 authorizing the City Manager to accept the 2021 Homeland Security Grant Program funds; and,

2. Authorize the Agency Director of Administrative Services to amend the Fiscal Year 2023/24 Adopted Budget revenue and expenditures by $41,111.

24. Authorize Agreement with Law Enforcement Medical Services (All Wards) Pg.570 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Law Enforcement Medical Services, Inc. and authorize an annual Purchase Order in the amount of $100,000 effective July 1st, 2023.

Mayor and City Council of the City of San Bernardino Page 7

DISCUSSION

25. Regional Housing Trust Letter of Intent Pg. 627
Recommendation:

It is recommended that the Mayor and City Council approves the City joining the SanBernardino Regional Housing Trust, a Joint Powers Authority (JPA) formed among cities within the San Bernardino County Region to gain competitiveness and improve financial viability so that the City can increase affordable housing developments.

26. American Rescue Plan Update (All Wards) Pg. 663
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Reallocate $1,560,000 of funds from the Water Lead Service Connector Program and commit $8,440,000 in additional American Rescue Plan Act (ARPA) funds for a total of $10,000,000 to IT infrastructure and the City’s Enterprise Resource Planning (ERP) system;

2. Adopt Resolution No. 2023107 authorizing the Agency Director of Administrative Services to amend the FY 2022/232023/24 Biennial Budget by $8,440,000 in American Rescue Plan funds; and

3. Receive and file this update on the ARP funds allocation, spending opportunities, investments and spending to date.

27. Concept Plan Approval for Seccombe Lake Park Revitalization Project (Ward 1) Pg. 755 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the concept plans prepared for Seccombe Lake Park Revitalization Project and direct staff to proceed with final design for the project.

PUBLIC HEARING

28. Public Hearings on Fiscal Year 2023/24 Assessment Levies for Previously Formed Assessment Districts. (All Wards) Pg. 765
Recommendation:

Hold public hearings and:

1. Adopt Resolution No. 2023108 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 202324;

2. Adopt Resolution No. 2023109 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 202324;

3. Adopt Resolution No. 2023110 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 202324;

4. Adopt Resolution No. 2023111 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 202324; and

5. Adopt Resolution No. 2023112 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 202324.

Mayor and City Council of the City of San Bernardino Page 8

29. Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards) Pg. 789 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions:

1. Proceed with the continued Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”); and

2. Close the Public Hearing after all public comments have been heard; and

3. Determine if written protests have been received from the owners and tenants from parcels which are subject to the s olid waste service rate increases, and, if a majority protest is not received; and

4. Adopt either: a. Resolution No. 2023113, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality A ct (Option A, previously referred to as Rate Option 2), or b. Resolution No. 2023114, a Resolution of the Mayor and City Council of the City of San Bernardino, California, Approving Third Amendment to the Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing, and Disposal Services with Burrtec Waste Industries, Inc., Adopting Maximum Permitted Service Rates, and Finding this Action Exempt from the California Environmental Quality Act (Option B, previously referred to as Rate Option 4).

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

30. San Bernardino Regional Housing Trust (All Wards) C ouncil Member Alexander Pg. 1022

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on August 02, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

Mayor and City Council of the City of San Bernardino Page 9

CERTIFICATION OF POSTING AGENDA

I, Telicia Lopez, CMC, Chief Deputy City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the July 19, 2023 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, July 14, 2023.

I declare under the penalty of perjury that the foregoing is true and correct.

Telicia Lopez
Telicia Lopez, CMC, Chief Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 10 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda or not on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 11 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments.

Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to eac h member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Mayor and City Council of the City of San Bernardino Page 12

PUBLIC COMMENT OPTIONS

Please use ONE of the following options to provide a public comment:

1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.

2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments

3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)

a) You can use a mobile phone or a landline to dial into a Zoom meeting.

i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2023

The public may begin joining the meeting on Zoom or by callingin to be added to the speaker queue at 5:15 PM for Closed Session.

Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time:

ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak.

If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page...

8) Join the Meeting by clicking on the Zoom link below:

Mayor and City Council of the City of San Bernardino Page 13 https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09

Meeting ID: 677 845 9453
Passcode:2023

You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 6778459453
Passcode:2023

Public Hearings:

If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed.
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. The Estate of Rob Marquise Adams, by and through its Personal Representatives, Tamika King, et al. v. City of San Bernardino, United States District Court Case No. 5:22-cv-02206-JGB-SP
ii. Andrea Miller v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2015337 and Court of Appeals Case No. E080807 iii. Promise Gracia, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2301828
iv. Brian Pellis, John Vasek v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2226731.

B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager
Packet Pg. 14

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Department: City Manager's Office
Subject: Economic Development Tools Presentation by
Kosmont Companies (All Wards)
Packet Pg. 15
City of San Bernardino
Presentation on Economic Development Tools
July 19, 2023

Packet Pg.
16 S.B. and Other Communities at Crossroads:

A Unique Opportunity for a Vital Future
To move communities forward in a sustainable way, we must identify where private investment is going – and leverage that investment with public agency funding and tools.

Timely opportunity to access new funding sources and economic development tools that have emerged in a post-COVID digital world:

New Economic Toolkit with new / expanded tools such as special districts, zoning strategies, and low-cost financing.

New Funding Sources from federal and state government
Leverage private sector momentum to improve services & quality of life

PROPRIETARY
DO NOT DUPLICATE 2

Packet Pg.
17 What is the Reconfigured Economy?
3 The New Consumer / Investor / Policymaker Mindset.

Consumers driven by quality of
life, cost of living and housing,
amenities, essentials, and experiences
Want it all in a 15-Minute Community
Investors driven by new
technology, shifting demand,
supply chain anomalies, and
new live / work patterns
Seeking value from new demand drivers
City Hall driven by resident and
employer needs & new state policies
which seek to install housing
Tension: Comply with state priorities
vs. achieving community priorities in a
post covid digital world
(RHNA, Density Bonus, SLA)
Proprietary
Do Not Duplicate
Without Authorization

Packet Pg.
18 The Ongoing Land Use Revolution
Everything’s Changing – What We’re Likely to See Over the Next 10 Y ears

PROPRIETARY
DO NOT DUPLICATE 4
Residential
Renaissance
Industrial
Redistribution
Hotel
Resetting
Retail
Reimagining
Office
Reconfiguring

Packet Pg.
19 …Nothing Is as it Was ( a short while ago)

PROPRIETARY
DO NOT DUPLICATE 5
Housing is Not a Loss
Leader, it’s a Growth
Driver
Retail is Not Just Retail
Anymore
Telework is
Reconfiguring Office
Industrial / Distribution
is Essential for a Robust
Economy
Housing Creation as
Economic Development
Retail Reimagination as
Economic Development
Office Conversions as
Economic Development
Industrial & Fulfillment as
Economic Development
New housing can generate
significant new tax revenues and
support local jobs
Housing is not necessarily a net
negative fiscal impact, especially at
current property values
Housing is a big driver of project
value
U.S. retail over-built and needs
“right sizing;” Covid accelerated
trends; today its about essentials,
experience & e-commerce
Blended/mixed use projects
integrate multiple uses (housing,
retail, open space, creative office,
hotel) onto one site
Telework and work from home
options are reshaping the needs
for office space and business
districts
Job redistribution tied to housing
Vacancies and foreclosures
expanding can lead to fiscal
impact pressure
Must be buffered and designed to
minimize environmental impact.

In a digital economy retail can’t
thrive without distribution
Booming demand for distribution,
e-commerce, and data centers,
blending for fulfillment/delivery,
job creators

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20 T oday’s Economic Development Prescription

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DO NOT DUPLICATE 6

BEFORE NOW
Create new sales tax revenue via new large retail
centers with Big Boxes
Create new sales tax revenue by creating a
neighborhood and curating retail to serve it
“Right sizing, right zoning, and right next to residential” Create local jobs by zoning for large office parks filled with regional commuters
Create local jobs and teleworkers with amenities that
attracts people to your community
whose “wallets” don’t leave everyday
Avoid industrial because it’s noisy and dirty;
put it far away from other uses
Infill industrial / distribution is essential for
online delivery and job creation / workforce training;
project design and mitigation are key considerations
Residential development is a loss – costly service
support and infrastructure with negative fiscal impact
High residential demand & high property values means
local businesses and public sector will rely on capture of housing projects taxes and local spend

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21 New Community Investment & Financing T ools
It’s about Capturing Value and Creating Currency!!
Partial Toolkit 3 Revenue
Replacement Tools
1 Special Districts/Tax Exempt
Financing 4 Techonomic Development
2 Surplus Land Act as
Asset Management Strategy 5 Other Public Money
(OPM)

PROPRIETARY
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22 Civic Center
Area
Industrial
Area
University
Area
Technology
Area
Regional Mall
Area
Downtown
Plan Area
Affordable Housing
Transit Projects
Broadband Brownfield Remediation
Parks / Open Space
Water / Sewer / Storm / Flood
Civic Infrastructure
Small Business / Nonprofit
EIFDs, CRIAs, CRDs:

State approved Tax Increment Financing (TIF)districts
Cities can use these districts to motivate private
investment, fundinfrastructure, and attract grant funds.

T ool #1: Capture Value with Districts
Special Districts for Infrastructure Investments

PROPRIETARY
DO NOT DUPLICATE 8

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23 Potential S.B. Opportunity Sites

PROPRIETARY
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24 What is Tax Increment Financing (TIF)?Not a New T ax

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$0M
$100M
$200M
$300M
$400M
$500M
$600M
0 5 10 15 20 25 30 35 40 45 50 55
Baseline Property Value
Property taxes continue to flow to City / County / Schools / Other Taxing Entities as normal New Property Value from
New Development / Rehabilitation
Available to TIF District
Y ears from District Formation
Assessed
Property Value
(A/V) within
TIF District
Boundaries
New Total
Value After
TIF District
Benefits all
Taxing Entities
Period of New
Development

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25 California’s Tax Increment Financing (TIF) T oolkit

PROPRIETARY
DO NOT DUPLICATE 11
Affordable
Housing
Authorities
(AHA)
Community
Revitalization &
Inv. Authority
(CRIA)
Enhanced
Infrastructure
Financing
District
(EIFD)
Neighborhood
Infill Finance &
Transit
Improvements
Act
(NIFTI)
NIFTI
-
2 Coterminous requirement and other
requirements have made NIFTI &
NIFTI-2 infeasible in other communities
Restriction to fund ONLY affordable housing (and not
infrastructure) has been deemed to restrictive to be feasible in other communities
Infrastructure
& Revitalization
Financing
District
(IRFD)
Most flexible,
most widely used
More emphasis on
affordable housing
(25% set-aside)
Climate
Resilience
District
(CRD)
NEW, limited focus on
certain infrastructure
Flexible, voter-approval still
required

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26 TIF Districts: Here, There, Everywhere
Statewide Partial List
Source: Kosmont EIFD/CRIA website (https://www.kosmont.com/services/eifd-cria/) Fully Formed In Formation Process Under Evaluation
Jurisdiction Purpose
Azusa Housing and transit-supportive infrastructure
Banning Housing and industrial infrastructure
Barstow Housing and commercial infrastructure
Brentwood Housing and transit-supportive infrastructure Buena Park Mall reimagination, housing-supportive infrastructure Carson + L.A. County Remediation, housing infrastructure, recreation Coachella Valley Association of Govts (CVAG) Cities Housing and transit-supportive infrastructure Covina Housing and transit-supportive infrastructure
El Cajon Housing and transit-supportive infrastructure
El Segundo + L.A. County Various infrastructure, regional connectivity Fairfield Housing and transit-supportive infrastructure Fontana Housing, mixed-use and industrial infrastructure Fresno Housing and transit-supportive infrastructure
Fresno County Industrial and commercial supportive infrastructure Humboldt County Coastal mixed-use & energy supportive infrastructure Indian Wells Housing and tourism-supportive infrastructure Imperial County Housing and greenfield infrastructure
La Verne + L.A. County Housing and transit-supportive infrastructure Long Beach (Multiple Areas) Housing and transit-supportive infrastructure Los Angeles (Downtown, San Pedro, LACUSC Med Center) Housing and transit-supportive infrastructure Los Angeles County Uninc. West Carson Housing / bio-science / tech infrastructure Madera County (3 Districts) Greenfield infrastructure (water / sewer) Modesto + Stanislaus County Housing, transit, recreation-supportive infrastructure Mount Shasta + Siskiyou County Rural Brownfield site mixed-use infrastructure Napa Housing and transit-supportive infrastructure
Oakland Affordable housing and housing-supportive infrastructure Ontario Housing and transit-supportive infrastructure
Palmdale + L.A. County Housing and transit-supportive infrastructure Pittsburg Housing and transit-supportive infrastructure Placentia + Orange County Housing and transit-supportive infrastructure Rancho Cucamonga Housing and transit-supportive infrastructure Redlands Housing and mixed-use supportive infrastructure Redondo Beach + L.A. County Parks / open space, recreation infrastructure Riverside Housing and transit-supportive infrastructure Sacramento County (Unincorporated) Industrial / commercial supportive infrastructure San Bernardino County (Unincorporated) Transit-supportive infrastructure San Jose Housing and transit-supportive infrastructure
Sanger Housing and commercial supportive infrastructure Santa Ana Housing and transit-supportive infrastructure South Gate Housing and transit-supportive infrastructure Vacaville Housing and transit-supportive infrastructure Yucaipa Housing and transit-supportive infrastructure

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DO NOT DUPLICATE 13
Kickstarting TIF with Other T ools & Funding
TIF can Integrate with Other Economic Development Tools and Strategies Grants /
Funding Sources
REAP funding for
evaluation and
formation
State/Fed grants for
projects
Layer Other
Tools
Community Facility
Districts (CFDs) for early
funding, econ. dev.
strategies to advance
projects
Private Sector
Funds
Developer partnerships
for early project funding

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28 PROPRIETARY
DO NOT DUPLICATE 14
T ax Increment District Case Study
Placentia Case Study - formed in 2019
Placentia / Orange County EIFD Partnership
• 300+ acres: Old Town Placentia Revitalization Plan, Metrolink Station, TOD Packing House Area
• Infrastructure Financing Plan (IFP) will fund $13 million in public infrastructure improvements for those areas
• Water, sewer, streets, parking, transit connectivity
• $460M+ expected in new AV from residential, retail,
restaurant development
• Net Fiscal Benefit: $22M to City, $15M to County
BEFORE
AFTERImplementation
• EIFD feasibility analysis & formation process
• Led education/outreach meetings with County BOS
• Developed County EIFD Policy for City/County EIFD
• Completed first EIFD TIF Court Validation in the state • Working on TIF Bond—expected by fall of 2022

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29 PROPRIETARY
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T ool #2: Capture Value with City Property
Surplus Land Act as Asset Management Strategy
The Old Days:

Want to sell / lease a City property? Just put out an RFP/Q The New World Order:

The SLA requires public agencies to first go through a process of offering property to affordable housing developers before pursuing other opportunities.

Value Add Opportunity:

Public agencies should look at SLA as a “Value Capture” Opportunity to productively use public properties:
• Performance-based leases / ground leases
• Monetizing assets (such as civic centers, parking garages, etc.) • Selling property to private sector – includes lease-back, continued operation of existing use, redevelopment to new uses

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30 16
SLA Here to Stay
New rules being used for property
disposition and housing creation
New Processes
Cities navigating evolving
procedures and compliance
New Strategies
Time to be strategic: use property
assets to pursue priorities
Proprietary
Do Not Duplicate
Without Authorization
Sooner better than later. Cities should start NOW to review/evaluate property portfolio in alignment with econ. development goals/objectives
SLA is nuanced and circumstantial. Engaging HCD early in process is important to determination of compliance Transparency is key. Promote the City’s repositioned asset program to community to achieve HCD compliance Surplus Land Act: New Rules & Strategies for Public Real Estate

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31 Primary Steps to Comply with SLA & Pursue Projects

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1 2
3 Property Inventory (Start Early)
Identify priority properties and/or projects now that may be impacted by SLA & can be put into productive use.

Prioritize, Screen, & Select an Approach
Confirm value, SLA applicability, Preferred Disposition Strategy/Use (e.g., asset monetization, sale or lease, public use, housing, etc.), Econ Dev Tools, & Financing Mechanisms.

Implementation (Transparency is Key)
Execute preferred disposition (sale, lease, etc.) strategy that’s done openly & fulfills community goals and objectives (job creation, tax revenues, housing)

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32 Project would result in
a loss in retail sales
tax revenues resulting
from non-sales tax
generating uses
(e.g. industrial)
Analyze sales tax
revenue loss potential of
opportunity sites &
zoning designations to
understand scale
Create equivalent General
Fund revenue through
entitlement document /
development agreement
Or operating covenant agmt.
(Tax Equivalency as currency)
STAR* Case Study: Jurupa Valley – Agua Mansa Commerce Park Site • ~280-acre site (originally planned for retail)
• Proposed 3.6 million SF industrial development project • STAR analysis estimated annual sales tax in-lieu payment of ~$362,500 Replace

Revenue with Sales Tax Assessment Revenue (STAR*)®
T ool #3: Create Currency with Revenue Replacement
Replacing T ax Revenues via DAs & P3s

PROPRIETARY
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33 Opportunity to generate savings and create general fund resources for community reinvestment.  Revenue Bonds to fund vital projects (tax exempt, vote needed)  EIFD / TIF Bonds to fund infrastructure and housing (tax exempt, no vote needed); TIF value capture  Lease – Leaseback (P3) Structures can cut costs and deliver public projects (tax exempt, no vote needed)  Pension Obligation Bonds/Other Pension Strategies (BLAST); pension cashflow savings strategies & refinancing structures that can generate savings (taxable, no vote needed or tax-exempt exchange) Reducing debt payments can create capacity to pursue programs toreset local economy.

T ool #4: Tax Exempt Financing
Pursue Investment Opportunities

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Case Study
La Verne EIFD issued a $3.6m TIF-based lease financing (3.65% rate, 20-year term) to fund transportation improvements; combined with Proposition C transportation funding

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34 T ool #5: Create Currency with OPM
Using “Other Public Money”
Federal Programs State Programs
American Rescue Plan Act
(ARPA)
Congressional
Infrastructure Bills
(Infrastructure Bill,
Build Back Better Act)
Affordable Housing
and Sustainability
Communities
Program (AHSC)
Infill Infrastructure
Grants (IIG)
Multifamily Housing
Program (MHP)
$8.2 Billion in ARPA Funds, $45.5 Billion in Federal Infrastructure Funds, Millions More in State Programs Federal Programs State Programs
American Rescue Plan Act
(ARPA)
Congressional
Infrastructure Bills
(INVEST Act, IIJ Act)
Affordable Housing
and Sustainability
Communities
Program (AHSC)
Infill Infrastructure
Grants (IIG)
Multifamily Housing
Program (MHP)
ARPA direct relief to cities is
not just for COVID relief:

Funds for water, sewer, and
broadband, upgrading
facilities and distribution
systems, climate change
upgrades, lead pipe
replacement and more
In process, likely to
include:

Funds for roads, bridges,
railroads, broadband,
water, cyber
security, climate resiliency,
transit, brownfield cleanup,
electric vehicles, affordable
housing
CA Program:

EIFD Preference
$1 - $30 million awards
for affordable housing,
housing infrastructure,
transportation, related
amenities, program
costs
CA Program:

EIFD Preference
$1 - $7.5 million grants
for infill projects / areas,
gap funding for
infrastructure for
residential / mixed-use )
with some affordability
requirements
CA Program:

Funding for rental
housing; includes land
lease payments,
construction / rehab,
offsite infrastructure
improvements

PROPRIETARY
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35 PROPRIETARY
DO NOT DUPLICATE 21
Kosmont Scope of Work for S.B.

1. Evaluation of Financing District Boundary and Strategic Considerations

2. Preliminary Funding and Financing Analysis, Layering Other Tools

3. Fiscal and Economic Impact Analysis

4. Governance and Implementation Roadmap

5. Taxing Entity Stakeholder Outreach for Potential Partnership

6. City Meeting / Workshop

7. *Potential Future Implementation*

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36 City of San Bernardino
Presentation on Economic Development Tools
July 19, 2023

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37 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: Citizen of the Month – Brandon Eldiab, Jimmy’s Liquor – 1st Ward
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City of San Bernardino

FROM THE

MAYOR AND CITY COUNCIL HONORING

BRANDONBRANDON ELDIABELDIAB
JIMMY’SJIMMY’S LIQUORLIQUOR
JULYJULY 20232023

CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD
CConcerned
IInvestor
TTime/Talent
IInvolved
ZZealous
EEnthusiastic
NNeighborly
In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 19th day of July 2023

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39 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: Citizen of the Month – Marti Christiansen, Business Watch – 1st Ward
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City of San Bernardino

FROM THE

MAYOR AND CITY COUNCIL HONORING

MARTIMARTI CHRISTIANSENCHRISTIANSEN

BUSINESSBUSINESS WATCHWATCH
JULYJULY 20232023

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41 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: Citizen of the Month – Gurpreet Singh, La Cadena Market – 1st Ward

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42 City of San Bernardino

FROM THE

MAYOR AND CITY COUNCIL HONORING

GURPREETGURPREET SINGHSINGH

LALA CADENACADENA MARKETMARKET
JULYJULY 20232023

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43 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: Citizen of the Month – Luis Ojeda, We Are The Change – 1st Ward

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44 City of San Bernardino

FROM THE

MAYOR AND CITY COUNCIL HONORING

LUISLUIS OJEDAOJEDA

WEWE AREARE THETHE CHANGECHANGE
JULYJULY 20232023

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45 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member, 4th Ward
Department: Council Office
Subject: Animal Control Commission Appointment of Sharon A. Negrete (Ward 4)

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Sharon A. Negrete to the Animal Control Commission representing Ward 4. Ms. Negrete will replace Charlotte LeVecque with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Background
The Animal Control Commission was established by Resolution No. 2018-45 on February 21, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to animal control in the City. The commission is also charged with serving in an advisory capacity on strategies, policies and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter. Members are appointed to this commission on the basis of demonstrated knowledge and experience in the area of animal care, animal husbandry, wild animals, animal behavior or other areas which relate to the mission and purpose of the commission.

The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains,

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46 and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the appointment of Ms. Sharon A. Negrete to the Animal Control Commission with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission application – Ms. Sharon A. Negrete Attachment 2 - Resolution No. 2018-45
Ward:

Fourth Ward
Synopsis of Previous Council Actions:

February 21, 2018 Resolution No. 2018-45 establishing the Animal Control Commission was adopted.

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53 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member, 4th Ward
Department: Council Office
Subject: Downtown Advisory Committee Appointment of
Vincent D. Laster (Ward 4)

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Vincent D. Laster to the Downtown Advisory Committee representing Ward 4. Mr. Laster will replace Kenesha L. Boyd with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Background
The Downtown Advisory Committee was established by Resolution No. 2021-88 on February 17, 2021.

Discussion
The Downtown Advisory Committee (DAC) is an advisory committee established by the Mayor and City Council to advise City staff, participating in public outreach and community forums, and making recommendations to the Planning Commission and the Mayor and City Council on various components of the overall project. Meetings of the DAC will be open and public in accordance with the Brown Act.

The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2) members and each City Council member shall nominate one (1) member. In accordance with the City Charter and the City's Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non-resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live or conduct business.

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54 2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Mr. Vincent D. Laster to the Downtown Advisory Committee representing Ward 4 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission Application - Mr. Vincent D. Laster Attachment 2 – Resolution No. 2021-88
Attachment 3 – Ordinance No. MC-1552
Ward:

Fourth Ward
Synopsis of Previous Council Actions:

February 17, 2021 Resolution No. 2021-88 establishing the Downtown Advisory Committee was adopted.

April 7, 2021 Ordinance No. MC-1552 allowing non-city residents who have a current business license to be appointed to the committee (not to exceed 25% of the committee membership) was
adopted.

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67 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member, 4th Ward
Department: Council Office
Subject: Arts and Historical Preservation Commission
Appointment of Jeffreda Curry (Ward 4)

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Jeffreda Curry to the Arts and Historical Preservation Commission representing Ward 4. Ms. Curry will replace Tawnya D.

Rhoades-Hensley with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Background
The Arts and Historical Preservation Commission was established by Resolution No. 2018-97 on April 4, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the City. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. Appointees to the commission must have relevant experience or knowledge of visual, performing, literary, and multi- media arts, cultural and architectural heritage or other areas which relate to the mission and purpose of the commission.

The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Goal Number 2 Focused, Aligned

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68 Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Ms. Jeffreda Curry to the Arts and Historical Preservation Commission representing Ward 4 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission application – Ms. Jeffreda Curry Attachment 2 - Resolution No. 2018-97
Ward:

Fourth Ward
Synopsis of Previous Council Actions:

April 4, 2018 Resolution No. 2018-97 establishing the Arts and Historical Preservation Commission was adopted.

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77 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member, 4th Ward
Department: Council Office
Subject: Measure S Citizens Oversight Committee
Appointment of Jeffreda Curry (Ward 4)

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Ms. Jeffreda Curry to the Measure S Citizens Oversight Committee representing Ward 4. Ms. Curry will replace Michael J. Gallo with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Background
The Measure “S” Citizens Oversight Committee was established by Resolution No. 2020-248, replacing Measure “Z” Citizens Oversight Committee. The committee is charged with reviewing and reporting on the spending plan for the one percent general district sales tax generated under Measure S passed by voters on November 3, 2020, and verifying that the proposed expenditures are in accordance with the Measure S ballot language and the Mayor and Council’s adopted strategic goals and priorities. The Committee is also charged with reviewing and reporting annually on the results of the annual audit of the Measure S revenues and expenditures completed by an independent certified public accounting firm.

The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused,

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78 Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Ms. Jeffreda Curry to the Measure S Citizens Oversight Committee with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 - Commission application – Ms. Jeffreda Curry Attachment 2 - Resolution No. 2020-248
Ward:

Fourth Ward
Synopsis of Previous Council Actions:

October 7, 2020 Resolution No. 2020-248 establishing the Measure S Citizens Oversight Committee was adopted.

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87 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Fred Shorett, Council Member, 4th Ward
Department: Council Office
Subject: Parks, Recreation and Community Services
Commission Appointment of Esmeralda Negrete
(Ward 4)

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the appointment of Ms. Esmeralda Negrete to the Parks, Recreation and Community Services Commission representing Ward 4. Ms. Negrete will replace Danielle A. Jones with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Background
The Parks, Recreation and Community Services Commission was established by Resolution No. 2018-47 on February 21, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to pertaining to parks, recreation, youth and senior affairs in the City. Appointees to the commission must have relative experience or knowledge in the area of parks, recreation services, youth and senior services or other areas which relate to the mission and purpose of the Commission.

The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

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88 Fiscal Impact
No fiscal impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the appointment of Ms. Esmeralda Negrete to the Parks, Recreation and Community Services Commission representing Ward 4 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission Application – Esmeralda Negrete Attachment 2 - Resolution No. 2018-47
Ward:

Fourth Ward
Synopsis of Previous Council Actions:

February 21, 2018 Resolution No. 2018-47 establishing the Parks, Recreation and Community Services Commission
was adopted.

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95 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Approval of Mayor and City Council Meeting Minutes Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes for the following meetings: January 11, 2023 Special Meeting, January 18, 2023 Special Meeting; January 18, 2023 Regular Meeting; March 1, 2023 Regular Meeting.

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96 City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes

FOR THE

SPECIAL 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 MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY
WEDNESDAY, JANUARY 11, 2023
5:30 PM
The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Helen Tran on Wednesday, January 11, 2023, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present 5:34 PM Sandra Ibarra Council Member, Ward 2 Absent
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles McNeely Interim City Manager Present
Sonia Carvalho City Attorney Present
Courtney Bowen Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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CLOSED SESSION PUBLIC COMMENT
Paula Plunk asked that the Mayor and City Council select the position of City Manager carefully. She stated that the community wants the process to be done with transparency.

Treasure Ortiz advised the Mayor and City Council that the position of Interim City Manager is just as important as the permanent role.

There were no remote speakers.

Deputy City Clerk Courtney Bowen then read the following comment into the record, per ADA accommodation:

Tim Dorame congratulated Mayor Tran on her new role, and stated that he “elects” Treasure Ortiz for Assistant City Manager.

CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
Interim City Manager
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager

CLOSED SESSION REPORT
Mayor Tran announced that there was no reportable action.

ADJOURNMENT
The special meeting of the Mayor and City Council was adjourned on Wednesday, January 11, 2023, at 6:25 p.m.

The next special 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 Tuesday, January 17, 2023, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m.

By:_________________________
Genoveva Rocha, CMC

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FOR THE

SPECIAL 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 MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY
TUESDAY, JANUARY 17, 2023
5:30 PM
The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Helen Tran on Tuesday, January 17, 2023, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Absent
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Thomas Rice Assistant City Attorney Present
Courtney Bowen Deputy City Clerk Present
5:30 P.M.

CLOSED SESSION PUBLIC COMMENT
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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Mayor and City Council of the City of San Bernardino Page 2 Treasure Ortiz questioned the Mayor and City Council about the candidates for the position of Interim City Manager. She also inquired as to whether there was reportable action from the last closed session meeting.

Assistant City Attorney clarified that not all closed session action is reportable under the Brown Act.

There were no remote speakers.

Deputy City Clerk Courtney Bowen then read the following comment into the record, per ADA accommodation:

Tim Dorame stated that the Mayor and City Council Members need to work together to improve the City.

CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
Interim City Manager
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager

CLOSED SESSION REPORT
Assistant City Attorney Thomas Rice stated that there were two matters discussed as noted in the agenda, but there was no formal reportable action. However, the Mayor and City Council asked that it be reported that staff was directed to insert the name of Charles McNeely into the Interim City Manager employment agreement, staff report, and resolution. This item will be considered at the next regular meeting on Wednesday, January 18, 2023.

ADJOURNMENT
The special meeting of the Mayor and City Council was adjourned on Tuesday, January 17, 2023, at 7:45 p.m.

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, January 18, 2023, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY
WEDNESDAY, JANUARY 18, 2023
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:35 PM by Mayor Helen Tran on Wednesday, January 18, 2023, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Edelia Eveland Assistant City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak for Closed Session.

CLOSED SESSION
A)CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. F.D. a minor, individually, by and through his Guardian ad Litem, Francisco Diaz v. City of San Bernardino, et al. United States District Court Case No. 5:21-CV-01580-JGB-KK
ii. Juddit Rodriguez, an individual v. City of San Bernardino, et al., United States District Court Case No. 5:21-cv-01528-JGB-SHK
B)CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item.

C)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item 7:00 PM

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Reginald Young, of the SB Pastors United lead the invocation. Mayor Tran’s daughter Holly Tran lead the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there were two matters discussed as noted in the agenda, but there was no reportable action.

CITY MANAGER UPDATE
At this time, Assistant City Manager Edelia Eveland provided city-wide updates.

Highlights included recovering from recent storms, Martin Luther King Jr. Day, and the upcoming Homeless Point in Time Count.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community.

PRESENTATIONS

1. Presentation by Big Brothers Big Sisters of Orange County and the Inland Empire Celebrating National Mentoring Month
Jennifer O’Farrell from Big Brothers Big Sisters of Orange County and the Inland Empire provided a presentation.

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2. January 2023 Citizen of the Month – Wade Forde, Lead Pastor, San Bernardino 16th Street Seventhday Adventist Church
Pastor Forde accepted the award from Mayor Tran and Council Member Calvin.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Dr. Jeanetta Million, CEO/Founder of A Servants Heart Community Development International, stated that her organization needs suitable facility space.

Dawn Rabon stated that she is concerned about homelessness in the City.

Edward Woolbert spoke in disapproval of an AirBnB in his neighborhood.

Dolores Armstead asked for an update on the Downtown Redevelopment and asked for the Council Members to be assigned staff members.

Frank Montes stated that Council Members should work together with the new Mayor.

Monica Smith expressed her frustration about the homeless situation in the City.

Treasure Ortiz discussed homelessness and stated that the Mayor and City Council need to do better.

Aurora McElroy stated she is in opposition of short-term rentals in her neighborhood.

Jose Gomez disapproves of short-term rentals in his neighborhood due to high fire risk.

Paul Plunk spoke about various community issues and thanked Treasure Ortiz for her input.

Maurice Butler expressed that the Dorjil Estates apartments are not in good repair and the tenants need legal assistance.
‘
“Malibu” said that she is frustrated by the homeless situation in the City.

Jocelyn Feazell Sanders also asked the Mayor and City Council to assist the residents of the Dorjil Estates.

Rikke Van Johnson applauded the City’s choice to hire Interim City Manager Charles McNeely.

Pat Morris, Former Mayor, praised Charles McNeely for his work in the City of Reno.

Ashley Diaz asked for staff’s support for those in need in the community.

Kristen Malaby invited everyone to an Inland Empire Hounds Basketball Game.

Dr. Betty Daniels spoke about an illegal marijuana dispensary at 249 E. Highland Ave that is a nuisance.

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Mayor and City Council of the City of San Bernardino Page 4 Miriam Nieto spoke about the Gateway Specific Plan neighborhood meeting. She was disappointed with the meeting and wished there had been communication in Spanish.

Jerry Owens expressed concern for the dangerous intersection at Mountain View and 5th Street. Also, the Pepper Ave. between I Street and Pepper Ave. needs to be repaired.

Robert Porter congratulated Mayor Tran and the newly re-elected Council Members. He thanks City staff and community members for their contributions to the City.

There were no remote speakers.

City Clerk Genoveva Rocha then read the following comment into the record, per ADA accommodation:

Hardy Brown congratulated the new Mayor, re-elected Council Members, and Interim City Manager. He is looking forward to success coming to the City.

At this time, a member of the public, Erik Martinez, stated he had turned in a request to speak and was not acknowledged. The Mayor and City Council allowed Mr. Martinez to speak. He spoke in opposition to an event being held in the city called Paranormal Circus. He said this event will negatively affect the youth.

Written public comments were provided to the Mayor and City Council.

DISCUSSION

3. Short Term Vacation Rentals in San Bernardino
Recommendation:

It is recommended that the Mayor and City Council: Receive and file an update on the status of short-term vacation rentals in the City; Consider three options to address short-term vacation rental issue throughout the City; and Select Option No. 2 and direct staff to develop a regulatory scheme for short-term vacation rentals within the City’s residential districts.

Community and Economic Development Director Nathan Freeman provided a presentation.

Council Member Alexander suggested imposing: 1.) A three-night minimum on stays; 2.) A ban in fire rated areas; 3.) Restricting parking on the street; and 4.) Having a maximum total of 120 short term rentals in the City. There was discussion amongst the Mayor and City Council regarding the terms.

Council Member Sanchez made a motion to select Option Two from staff’s recommendation to adopt a regulatory scheme, including the additional parameters mentioned above, except for the cap of 120 rentals.

Council Member Calvin made a substitute motion to adopt Option Three, the “Wait and See Approach” because the City does not have enough resources to enforce the regulations. The motion did not receive support.

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Mayor and City Council of the City of San Bernardino Page 5 RESULT: APPROVED STAFF RECOMMENDATION FOR OPTION NO. TWO,

WITH THE ADDITIONAL REQUEST TO BAN GUEST PARKING ON

THE PUBLIC STREET, PROHIBIT RENTALS IN FIRE RATED

AREAS, AND SET A MINIMUM NIGHT STAY FOR SHORT TERM
RENTALS [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

4. Nominations and Appointments to Various Regional Boards and Associations (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors;

2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors;

3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors;

4. Appoint one Member and one Alternate to the OmniTrans Board of Directors;

5. Appoint one Member and one Alternate to the Interagency Council on Homelessness;

6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly;

7. Receive and file the Mayor’s selection of Juan Figueroa, Fred Shorett, Ben Reynoso, Kimberly Calvin, and Damon Alexander to vote in the Southern California Association of Governments Regional Council District 7 Election.

Council Member Reynoso made a motion that the appointed members of the Inland Valley Development Agency be himself, Mayor Tran, and Council Member Calvin, with Council Member Shorett as an alternate. Council Member Calvin seconded the motion.

Council Member Sanchez made a substitute motion to approve the Mayor’s appointments as listed on the agenda. Mayor Pro Tem Shorett seconded the motion.

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Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED THE MAYOR’S SELECTION OF APPOINTMENTS
FOR VARIOUS REGIONAL BOARDS [6-1]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES:Reynoso

5. Adoption of Resolution No. 2023019 Appointing an Interim City Manager and approving an employment agreement.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-019 appointing an Interim City Manager and approving an employment agreement. Note: The candidate is anticipated to be selected by the Mayor and City Council in advance of the City Council Meeting held on January 18, 2023.

Assistant City Manager Edelia Eveland reported that per Government Code 54953(c)(3), the City of San Bernardino is legally required to orally report salary and benefits of new executives during an open meeting, and announced that the Interim City Manager’s Salary would be $137.02 per hour with no other benefits. Interim City Manager Charles McNeely introduced himself and thanked the Mayor and City Council for their support.

City Clerk Genoveva Rocha announced that supplemental documents regarding the appointment of the Interim City Manager were provided to the Mayor and City Council, posted online, and copies printed for the public.

RESULT: APPROVED THE APPOINTMENT OF CHARLES E. MCNEELY AS INTERIM CITY MANAGER [7-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Sandra Ibarra, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

PUBLIC HEARINGS

6. Adopt New Purchasing Policy and Introduce Ordinance No. MC1605 amending Section 3.04 of the Municipal Code. (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California: Introduce, read by title only, and waive further reading of Ordinance No.

MC-1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California, and Adopt Resolution 2022-246 adopting the Purchasing Policy for the City of San Bernardino.

Mayor Tran opened the public hearing at 9:39 p.m.

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Mayor and City Council of the City of San Bernardino Page 7 Agency Director of Administrative Services Barbara Whitehorn provided a presentation.

There was one public speaker; Treasure Ortiz expressed that a fiscal audit should be performed before this policy is adopted.

Council Member Reynoso made a motion to approve staff’s recommendation but change the City Manager’s $100,000 contract signing authority to $50,000. All contracts over $50,000 must be approved by the Mayor and City Council. The motion was seconded by Council Member Ibarra.

Council Member Sanchez made a substitute motion to approve staff’s recommendation, with the addition of replacing the word “designee” in phrase “Purchases in this category may only be authorized by the City Manager or their designee” with “the Assistant City Manager with prior written authorization from the City Manager in the City Manager’s absence” in section 3.04.040B of Ordinance MC-1605. Mayor Pro Tem Shorett seconded the motion.

City Clerk Genoveva Rocha made an announcement for the record that the resolution number 2022-246 on this item was inaccurate, and the correct number is 2023-020.

The public hearing was closed at 10:18 p.m.

RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE No. MC-1605, WITH A MINOR
CHANGE TO SECTION 3.04.040B, REPLACING “DESIGNEE”
WITH “THE ASSISTANT CITY MANAGER WITH PRIOR WRITTEN

AUTHORIZATION FROM THE CITY MANAGER IN THE CITY
MANAGER’S ABSENCE” AND ADOPTED RESOLUTION NO.
2023-020 ADOPTING THE PURCHASING POLICY FOR THE CITY
OF SAN BERNARDINO [4-2]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Shorett, Calvin, Alexander
NOES:Ibarra, Reynoso
ABSENT:Figueroa

7. Public Hearing on Annexation No. 28 to Community Facilities District 20191 (Ward 5)
RECOMMENDATION:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1.Hold a Public Hearing; and

2.Adopt Resolution No. 2023-001 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 28); and

3.Hold a special landowner election and canvas the election; and

4.Adopt Resolution No. 2023-002 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1(Maintenance Services) (Annexation No. 28); and

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5.Introduce, read by title only, and waive further reading of Ordinance No. MC- 1608 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6.Schedule the adoption of Ordinance No. MC-1608 for February 1, 2023.

Mayor Tran opened the public hearing at 10:22 p.m.

The staff presentation was not requested.

There were no public speakers or requests to speak. There were no written protests received.

The public hearing was closed at 10:24 p.m.

RESULT: ADOPTED RESOLUTION NO. 2023-001 [5-1]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Calvin, Alexander
NOES:Reynoso
ABSENT:Figueroa
RESULT: ADOPTED RESOLUTION NO. 2023-002 [5-1]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Calvin, Alexander
NOES:Reynoso
ABSENT:Figueroa
RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE NO. MC 1608 [5-1]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Shorett, Calvin, Alexander
NOES:Reynoso
ABSENT:Figueroa

8. Public Hearing on Annexation No. 29 to Community Facilities District 20191 (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,

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1.Hold a Public Hearing; and

2.Adopt Resolution No. 2023-004 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 29); and

3.Hold a special landowner election and canvass the election; and

4.Adopt Resolution No. 2023-005 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 29); and

5.Introduce, read by title only, and waive further reading of Ordinance No. MC- 1609 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6.Schedule the adoption of Ordinance No. MC-1609 for February 1, 2023.

Assistant City Manager Edelia Eveland announced that the Public Hearing was being continued.

RESULT: THIS ITEM WAS CONTINUED TO A FUTURE MEETING BY STAFF

9. Public Hearing on Annexation No. 30 to Community Facilities District 20191 (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023-006 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 30); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023-007 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 30); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1610 of the Mayor and City Council of the City of San Bernardino, California,

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6. Schedule the adoption of Ordinance No. MC-1610 for February 1, 2023.

Mayor Tran opened the public hearing at 10:27 p.m.

The staff presentation was not requested.

There were no public speakers or requests to speak. There were no written protests received.

The public hearing was closed at 10:29 p.m.

RESULT: ADOPTED RESOLUTION NO. 2023-006 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2023-007 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE MC-1610 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

10. Public Hearing on Annexation No. 32 to Community Facilities District 20191 (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023-008 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 32); and

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3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023-009 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 32); and

5. Introduce, read by title only, and waive further reading of Ordinance No.

MC1611 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1611 for February 1, 2023.

Mayor Tran opened the public hearing at 10:31 p.m.

The staff presentation was not requested.

There was one public speaker: Dolores Armstead spoke in opposition of this project because the City does not need any more fast food restaurants.

There were no written protests received.

The public hearing was closed at 10:34 p.m.

RESULT: ADOPTED RESOLUTION NO. 2023-008 [5-2]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES: Reynoso, Calvin
RESULT: ADOPTED RESOLUTION NO. 2023-009 [6-1]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Sandra Ibarra Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Reynoso

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: INTRODUCED, READ BY TITLE ONLY AND WAIVED FURTHER READING OF ORDINANCE NO. MC-1611 [6-1]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES:Reynoso

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR, ITEMS NO. 11
THROUGH NO. 32. PULLED ITEMS NO. 20 AND NO. 28 FOR
DISCUSSION. COUNCILMEMBER REYNOSO REGISTERED A
“NO” VOTE FOR ITEMS NO. 24 AND NO. 25 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

11. Approving the Revised CityWide Records Retention Policy and Schedule Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2023-010, establishing a revised Records Retention Policy and Schedules.

RESULT: ADOPTED RESOLUTION NO. 2023-010 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

12. Infill Housing Master Development Agreement with Neighborhood Partnership Housing Services (NPHS) San Bernardino Developments, LLC (Wards 2 & 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2023-011 authorizing the execution of the Infill Housing Development Master Agreement between the City of San Bernardino and NPHS San Bernardino Developments, LLC to construct or reconstruct infill housing on blighted
or underutilized sites and sell those properties to households whose income does not exceed 80% of the area median income.

2. Authorize the City Manager, or designee, to take further actions and execute

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RESULT: APPROVED (7-0)
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

13. Adoption of Ordinance No. MC1603 Belmont Residential Subdivision Project (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Ordinance No. MC-1603 approving Development Code Amendment (Zoning Map Amendment) 21-05 changing the Zoning District Classification of a parcel (APN: 0261-151-10) containing approximately 6.10 acres from Residential Low (RL) to Residential Suburban (RS), pursuant to a Mitigated Negative Declaration (Attachment 1).

RESULT: ADOPTED ORDINANCE NO. MC-1603 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

14. First Amendment to the Exclusive Negotiating Agreement (ENA) between the City of San Bernardino and the Richman Group, LLC (Ward 1) Recommendation:

Authorize the execution of First Amendment to the Exclusive Negotiating Agreement between the City of San Bernardino and the Richman Group, LLC.

Authorize the City Manager, or designee, to take further actions and execute any further documents as necessary to effectuate the First Amendment to the Exclusive Negotiating Agreement.

RESULT: APPROVED [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

15. City Board, Commission, and Citizen Advisory Committee Minutes approved in November/December 2022
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in November and December 2022.

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MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

16. Investment Portfolio Report for October and November 2022 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for October and November 2022.

RESULT: APPROVED [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

17. Administrative Budget Transfers Report
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file all listed administrative budget amendments from July 1, 2022, through December 15, 2022.

RESULT: APPROVED [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

18. Ratify and Approve Acceptance of Award from The California Public Utilities Commission for Local Agency Technical Assistance Grant Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1.Ratify and approve the acceptance of an award from the California Public Utilities Commission (CPUC) for the Local Agency Technical Assistance (LATA) Grant in the amount of $425,256.14 for 24 months, and

2.Adopt Resolution No. 2023-012 amending the General Fund 2022/23 Budget in the amount of $425,256.14 in both revenue and expenditures.

RESULT: APPROVED [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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19. Basic Compensation Plan for Temporary, PartTime and Seasonal Employees of the City of San Bernardino (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-013 approving a revised City-wide salary schedule for all full- time, part-time, temporary, and seasonal positions.

RESULT: ADOPTED RESOLUTION NO. 2023-013 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

20. Amendment to Professional Services Agreements for Legal Services (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute:

1.The First Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont for representation in the Tammy Bender v. City of San Bernardino, et al. U.S. District Court Case No. 5:21-CV-01459-CBM-SP;

2.The Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Rudd and Romo for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337;

3.The Second Amendment to the Professional Services Agreement with Stream, Kim, Hicks, Wrage and Alfaro for representation in the Andrea Miller II v. City of San Bernardino, et al. II, San Bernardino Superior Co. Case No. CIVDS 2015337 Council Member Ibarra made a motion to vote separately on Items 1 and 2 above and recused herself from Item 3 due to a conflict of interest regarding her legal case.

Mayor Pro Tem Shorett seconded the motion.

Council Member Reynoso made a substitute motion to approve Item #20 as presented. Council Member Sanchez seconded the motion.

Council Member Ibarra did not leave the dais during the vote and did not vote on the item.

RESULT: APPROVED [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander RECUSED:Ibarra

21. Agreements with Kaiser Permanente for Preemployment and Occupational Medical Services (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute:

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1. A professional services agreement with Kaiser Permanente for pre-employment screening services.

2. A professional services agreement with Kaiser Permanente for occupational medical services.

RESULT: APPROVED [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

22. Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-014 to accept and allocate additional grant funds for the Senior Nutrition Program from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program in the amount of $304,846.

RESULT: ADOPTED RESOLUTION NO. 2023-014 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

23. Accept the Tobacco Grant
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-015 authorizing:

1.The City Manager or designee to accept the FY 2022/23 Department of Justice Tobacco Grant.

2.The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $1,097,375 in both revenue and expenditures.

3.The Police Department to increase the approved staffing appropriately.

RESULT: APPROVED [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

24.OffRoad Police Vehicles Goods Purchasing Agreement Report Recommendation
It is recommended that of the Mayor and City Council of the City of San Bernardino, California, authorize:

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1. The City Manager or his/her designee to enter into an agreement with Malcolm Smith Motorsports to purchase two off-road police vehicles in accordance with the Goods Purchasing Agreement.

2. The Agency Director of Administrative Services to issue a purchase order to Malcolm Smith Motorsports in an amount not to exceed $98,889.70.

RESULT: APPROVED [6-1]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES:Reynoso

25. Purchase of Night Vision Goggles
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or designee to sign and execute a purchase agreement with NightOps Tactical Incorporated;

2. The Agency Director of Administrative Services to issue a purchase order in the amount of $337,623 to NightOps Tactical Incorporated.

RESULT: APPROVED [6-1]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES:Reynoso

26. Purchase of Tactical Vests
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize:

1. The City Manager or designee to sign and execute a purchase agreement with Aardvark.

2. The Agency Director of Administrative Services to issue a purchase order in the amount of $70,000 to Aardvark.

RESULT: APPROVED [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

27. Professional Services Agreement for Focused Drainage Study for Meyers Creek Drainage System

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It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Professional Services Agreement with Q3 Consulting to prepare the Focused Drainage Study for Meyers Creek Drainage System and authorize the City Manager, or designee, to sign and execute the agreement.

RESULT: APPROVED [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

28. Award a Professional Services Agreement for a Parks Master Plan Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-016 to:

1. Approve the award of a Professional Services Agreement with Next Practice Partners, LLC to prepare the City of San Bernardino Parks Master Plan in the amount of $997,400; and

2. Authorize the Agency Director of Administrative Services to amend the FY 2022/23 CIP budget and appropriate funding from the FY 2023/24 adopted CIP budget in the amount of $750,000 through Measure S Fund to complete the Project; and

3. Authorize the City Manager, or designee, to sign and execute the agreement.

RESULT: APPROVED [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra

29. Adoption of Ordinance MC1606 (Ward 4)
Recommendation
Adopt Ordinance No. MC-1606 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

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MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

30. Adoption of Ordinance No. MC1607 (Ward 1)
Recommendation
Adopt Ordinance No. MC-1607 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

RESULT: ADOPTED ORDINANCE OF MC-1607 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

31. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 31, Tax Zone No. 32 (Rancho Ave.) (Ward 3)
Recommendation
Adopt Resolution No. 2023-017 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 31) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2023-017 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

32. License Agreement with DP Industrial Parkway, LLC
Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-018:

1. Authorizing a License Agreement with DP Industrial Parkway, LLC, a Delaware limited liability company, for the construction of improvements that include a driveway, block wall, trailer parking, and paving located at 5770 Industrial Parkway, San Bernardino, California; and

2. Directing the City Manager or designee to execute the Agreement; and

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3. Finding that the project is covered by the mitigated negative declaration previously approved for the 5770 Industrial Parkway project pursuant to the California Environmental Quality Act.

RESULT: APPROVED [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

33. Recognized Partnership with Casa Ramona (Ward 1) – Council Member Sanchez
RESULT: AMENDED THE MOTION TO RECOGNIZE A PARTNERSHIP WITH

CASA RAMONA AND HOME AND NEIGHBORLY SERVICES FOR
CONSIDERATION AT A FUTURE MEETING [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 7
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:Ibarra

34. Initiate a Request for Proposal seeking a consultant to prepare a feasibility study for installing bike lanes and crosswalk improvements in Downtown (Wards 1, 3) - Council Member Reynoso
RESULT: AMENDED THE MOTION FOR STAFF TO PREPARE A

FEASIBILITY STUDY FOR INSTALLING BIKE LANES IN THE CITY FOR CONSIDERATION AT A FUTURE MEETING [6-0]
MOVER:Damon Alexander, Council Member, Ward 7
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSTAIN:Ibarra

35. Direct staff to work with the Mayor and City Council to evaluate and determine the appropriate staffing levels in the Office of the Mayor and the City Council Office (All Wards) – Council Member Alexander
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER:Damon Alexander, Council Member, Ward 7
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, January 18, 2023, at 11:03 p.m.

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Mayor and City Council of the City of San Bernardino Page 21 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, February 1, 2023, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410.Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY
WEDNESDAY, MARCH 1, 2023
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:35 PM by Mayor Helen Tran on Wednesday, March 1, 2023, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Absent
Helen Tran Mayor Present
Charles McNeely Interim City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak for Closed Session.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1):
1) Douglas Heath v. City of San Bernardino, WCBA Case No. ADJ11111333 2) David Wixom v. City of San Bernardino, WCBA Case Nos. ADJ10598588; ADJ10471088; and ADJ12213353
Assistant City Attorney Thomas Rice stated item No. A1 of the closed session agenda was being pulled by staff and would not be discussed in closed session. 7:00 PM

INVOCATION AND PLEDGE OF ALLEGIANCE
Assistant Pastor Gwendolyn Dowdy Rodgers, Church of living God led the Invocation and Yamaris Zamora from Anton Elementary School led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
Assistant City Attorney Thomas Rice stated item No. A1 was pulled from discussion.

The Mayor and City Council gave direction to outside legal counsel for item No. A2.

There was no formal reportable action.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Eddie Apodaca spoke about the Fire Department interview process.

Roberto Lopez (spoke in Spanish and was interpreted) requested that he be able to sell ice cream at the Council Chamber parking lot.

Mike Hartley expressed that there is a problem with trying to park on the street in the City and there should be better rules for parking.

Clementina Pina-Bernal inquired about the upcoming Burrtec rate increases. She does not want the rates to be increased.

Treasure Ortiz asked the Mayor and City Council for an update on the Downtown Redevelopment Project. She stated that there is a lack of transparency and accountability in the City.

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Mayor and City Council of the City of San Bernardino Page 3 Tina Andrade, 5 th Grade teacher, requested assistance for the homeless population in the City.

David Farugia, Teamster, spoke in opposition of Item #7. He would like to meet and confer with the City about the proposed project.

Dolores Armstead, Planning Commissioner, reaffirmed the Planning Commission’s decision to not allow crushing or grinding of concrete in the City.

Luis Ojeda, Founder of ‘We are the Change” and SB Food Fest, expressed support of City staff. He asked that people not judge staff when they make mistakes. He also informed that SB Food Fest is returning on May 6th.

Robert Porter, commissioner, spoke about the snow that fell in the City the weekend prior. He asked that the City begin having Christmas light shows and other holiday events.

Maria Ramirez, Jesus Manuel Gaxiola, Alejandro Rodriguez, Miguel Angel Rodriguez, Javier Hernandez, Jessica Alcocer, Fanelly Milan, Claudia Bautista, Roberto Martinez Flores, Karen Sosa, Lyzzeth Mendoza, and Jesus Montiveros all spoke in support of the day laborers in the City. They request that the Mayor and City Council work with the Inland Coalition for Immigrant Justice and the Pomona Economic Opportunity Center to build a worker’s center in the City and stop penalizing and harassing day laborers.

At this time, the following remote speakers were heard via Zoom:

Simeone Miller, stated that he is a student at Cal State San Bernardino, and he is concerned about poor lighting and the need for speed bumps in the area.

Aurora Sanchez Mata spoke in support of the day laborers in the City.

Georgia asked that the Mayor and City Council do something about all the stray dogs and cats in the City. She requested that there be a mass spay and neuter campaign to control the pet population.

E. Negrete spoke about Item #2 on the agenda. She requests that the City conduct an RFP for these services instead of just choosing a vendor. She wants grant funding to be given to the Police Department.

Written public comments were provided to the Mayor and City Council.

CITY MANAGER UPDATE
Public Information Officer Jeff Kraus provided city-wide updates. Highlights included Police Department drug bust operations, library book donations from Dr. Margaret Hill’s estate, and an upcoming Open House for Project Fighting Chance.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS The Mayor and City Council provided updates, including upcoming events, housing, and projects in the community. Council Member Ibarra was absent during these updates.

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CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS
NO. 2 AND NO. 8 FOR A SEPARATE VOTE. STAFF PULLED ITEM
NO. 7 FROM CONSIDERATION. A SEPARATE VOTE WAS TAKEN
FOR ITEM NO. 9. [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, ABSENT:Alexander

1. Resolution Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-34 approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974.

RESULT: ADOPTED RESOLUTION NO. 2023-34 [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander

2. Approve Professional Services Agreement to Southern California Crossroads for Hospital-based Community Violence Intervention Services Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager, or designee, to execute a Professional Services Agreement with Southern California Crossroads for hospital-based community violence intervention services; and

2. Authorize the Agency Director of Administrative Services to issue a Purchase Order to Southern California Crossroads in a total amount not to exceed $1,160,000.00.

Mayor Pro Tem Shorett pulled this item for discussion.

Council Member Sanchez stated that there should be a Request for Proposals (RFP) for this item, due to this being a sensitive issue and a large amount of money.

Council Member Sanchez made a motion to direct staff to conduct the RFP. The motion was seconded by Mayor Pro Tem Shorett.

There was a substitute motion by Council Member Calvin to approve the staff recommendation, which was seconded by Council Member Reynoso.

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Mayor and City Council of the City of San Bernardino Page 5 RESULT: MOTION TO APPROVE STAFF’S RECOMMENDATION FAILED [4- 2]
MOVER:Kimberly Calvin, Council Member, Ward 6
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Reynoso, Calvin
NOES:Sanchez, Ibarra, Figueroa, Shorett,
ABSENT:Alexander
The City Council then voted on the original motion made by Council Member Sanchez.

RESULT: CONTINUED THE ITEM AND DIRECTED STAFF TO COMPLETE

THE RFP PROCESS FOR HOSPITAL-BASED COMMUNITY
VIOLENCE INTERVENTION SERVICES [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Mayor Pro Tem, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander

3. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 29, Tax Zone No. 30 (Valley View Industrial) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-032 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 29) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2023-032 [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander

4. Investment Portfolio Report for December 2022 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report December 2022.

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Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander

5. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2023.

RESULT: APPROVED [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander

6. Library Revenue and Expense Budget (All Wards)
Recommendation:

Adopt Resolution No. 2023-033 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting funding of $10,303 from the Inland Library System, $8,671.27 from CTC Technology & Energy and $200 from San Bernardino Emblem Club No.178.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Library including $19,174.27 in both revenues and expenditures.

RESULT: ADOPTED RESOLUTION NO. 2023-033 [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander

7. Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service Agreement for On-Call Engineering Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1.Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services; and

2.Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $99,720.00.

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Mayor and City Council of the City of San Bernardino Page 7 Assistant City Manager Edelia Eveland pulled this item from consideration.

RESULT: THIS ITEM WAS CONTINUED TO A FUTURE MEETING BY STAFF.

8. Bid Rejection for Construction Contract Award – Citywide Pavement Rehabilitation (21 Locations) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-035 rejecting bids for construction of the Citywide Pavement Rehabilitation at 21 locations.

Council Members Figueroa and Calvin expressed their frustration regarding having to reject this bid, due to the project being overdue. Council Member Calvin also asked staff to be equitable when it comes to street repair.

RESULT: ADOPTED RESOLUTION NO. 2023-035 [5-1]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin
NOES:Ibarra
ABSENT:Alexander

9. Resolution Rejecting Construction Bids for Speicher Park Renovation (Ward 7)
Recommendation:

Adopt Resolution No. 2023-036 of the Mayor and City Council of the City of San Bernardino, California, rejecting Construction Bids for Speicher Park Renovation.

RESULT: ADOPTED RESOLUTION NO. 2023-036 [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander

10. Resolution Accepting the Local Roadway Safety Plan (LRSP) (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-037, accepting the Local Roadway Safety Plan (LRSP).

RESULT: ADOPTED RESOLUTION NO. 2023-037 [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander

11. Acceptance of FY 2022 Edward Byrne Justice Assistance Grant (All Wards) Recommendation:

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Mayor and City Council of the City of San Bernardino Page 8 It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2023-038, authorizing:

1. The City Manager to accept the 2022 Edward Byrne Justice Assistance Grant, and

2. The Agency Director of Administrative Services to amend the FY2022/23 Adopted Budget by $213,617 in both revenue and expenditures.

RESULT: APPROVED [6-0]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin ABSENT:Alexander

DISCUSSION

12. Fiscal Year 2022/23 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 2022/23 Mid-Year Budget Report; and

2. Adopt Resolution No. 2023-039 Authorizing the Agency Director of Administrative Services to amend the Fiscal Year 2022/23 Operating Budget by $5,914,730 as outlined in the Fiscal Year 2022/23 Mid-Year Budget Report.

Agency Director of Administrative Services Barbara Whitehorn and Budget Division Manager Zuyva Ruiz presented the Mid-Year Budget Report.

Council member Ibarra made a motion to allow for separate votes on each item of the staff recommendation. The motion was seconded by Mayor Pro Tem Shorett.

RESULT: APPROVED THE MOTION TO SEPARATE THE ITEMS [5-1] MOVER:Sandra Ibarra, Council Member, Ward 2
SECONDER:Fred Shorett, Mayor Pro Tem, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso
NOES:Calvin
ABSENT:Alexander
Council Member Sanchez made a motion to approve staff’s recommendation.

RESULT: RECEIVED AND FILED 2022/23 MID-YEAR BUDGET REPORT AND ADOPTED RESOLUTION NO. 2023-039 [4-2]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Figueroa, Reynoso, Calvin
NOES:Ibarra, Shorett
ABSENT:Alexander

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Mayor and City Council of the City of San Bernardino Page 9

13. Introduce Ordinance No. MC-1612 Amending Section 8.24.050 of the Municipal Code (Notification of Administrative Hearing) (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Introduce, read by title only, and waive further reading of Ordinance No.

MC-1612 amending Section 8.24.050 of the San Bernardino Municipal Code regarding notification of administrative hearing decision and final report of delinquent solid waste charges to affected persons.

A presentation was provided by Director of Public Works Daniel Hernandez.

The title of the Ordinance was read into the record by City Clerk Genoveva Rocha.

RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC-1612 [4-2]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett
NOES:Reynoso, Calvin
ABSENT:Alexander

PUBLIC HEARINGS

14. Public Hearing on Annexation No. 31 to Community Facilities District 2019-1 (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1.Hold a Public Hearing; and

2. Adopt Resolution No. 2023-040 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 31); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023-041 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 31); and

5. Introduce, read by title only, and waive further reading of Ordinance No.

MC-1613 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1613 for March 15, 2023.

Mayor Tran opened the public hearing at 10:30 p.m.

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Mayor and City Council of the City of San Bernardino Page 10 Council member Calvin requested the staff presentation. Community and Economic Development Director Nathan Freeman introduced Jonathan Short with Spicer Consulting, who provided the presentation.

There were no public speakers or written protests received.

The public hearing was closed at 10:37 p.m.

The title of the Ordinance was read into the record by City Clerk Genoveva Rocha.

RESULT: ADOPTED RESOLUTION NO. 2023-040 [5-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Juan Figueroa, Council Member, Ward 3
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin
ABSENT:Ibarra, Alexander
RESULT: ADOPTED RESOLUTION NO. 2023-041 [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin
ABSENT:Ibarra, Alexander
RESULT: INTRODUCED, READ BY TITLE ONLY, AND WAIVED FURTHER READING OF ORDINANCE NO. MC 1613 [5-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin,
ABSENT:Ibarra, Alexander

15. Substantial Amendment to the Fiscal Year 2022-2023 Annual Action Plan – HOME Investment Partnership American Rescue Plan Program (HOME-ARP) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Conduct a Public Hearing of the draft HOME Investment Partnership Allocation and Substantial Amendment to the Fiscal Year 2022-2023 Approved Action Plan; and

2. Authorize the Interim City Manager, or his designee, to execute any further documents as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2022-2023 Action Plan.

Mayor Tran opened the public hearing at 10:44 p.m.

Housing Division staff Trina Perez provided a presentation.

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Mayor and City Council of the City of San Bernardino Page 11 There were no public speakers for this item.

The public hearing was closed at 10:49 p.m.

RESULT: APPROVED [4-2]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett
NOES:Reynoso, Calvin
ABSENT:Alexander

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

16. City Organization Realignment (All Wards) – Council Member Alexander Council Member Sanchez made a motion to reject this request, which was seconded by Mayor Pro Tem Shorett.

Council Member Reynoso made a substitute motion to continue the item to a future meeting where Council Member Alexander is present. The motion was seconded by Council Member Calvin.

RESULT: ITEM CONTINUED TO MARCH 15, 2023 [4-2]
MOVER:Ben Reynoso, Council Member, Ward 5
SECONDER:Kimberly Calvin, Council Member, Ward 6
AYES:Ibarra, Figueroa, Reynoso, Calvin
NOES:Sanchez, Shorett
ABSENT: Alexander

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, March 1, 2023, at 10:52 p.m.

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, March 15, 2023, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m.

By:________________________
Genoveva Rocha, CMC

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Agreement with Center for Employment Opportunities (CEO) (All Wards)

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute a Maintenance Services Agreement with the Center for Employment Opportunities, (CEO), for City-wide right-of-way maintenance services, litter/illegal dumping collection, and weed abatement.

2. Adopt Resolution No. 2023-116 authorizing the Agency Director of Administrative Services to amend the FY2023/24 Gas Tax Operating Budget Revenue and Expenditures by $464,340 for right-of-way clean-up services and weed abatement; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340.

Background
The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructure and rights of way. In conjunction with various vendors and non-profit organizations, it is also responsible for ensuring the City’s rights-of-way, properties, and streets are properly maintained and kept free of litter, illegally dumped debris, and other hazards. This includes weed abatement and mowing on City-owned properties, vacant lots, alleys, and sidewalks. The Center for Employment Opportunities (CEO) is an important partner in the department’s maintenance efforts.

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In March of 2016, an agreement with CEO was approved by the Mayor and City Council after a brief introduction to the organization and its mission. The City Council believed CEO would be beneficial not just to the clean-up of the city, but in providing work programs for individuals under parole or probation supervision. In May of 2018, the Mayor and City Council approved an extension of the program and expressed a strong interest in expanding the scope of the program. The City Council also approved two other amendments extending the program to June 30, 2023.

Discussion
The City of San Bernardino has approximately 62 square miles within its city limits and more than 534 center lane miles for which maintenance, clean-up, litter collection and weed abatement is required. While in-house staff and other landscape maintenance contractors generally provide these maintenance and clean-up services at parks and street medians, areas such as alleys, vacant lots and other City properties have largely relied on CEO for their maintenance and cleanliness services. Staff have recognized the vital role CEO (as a non-profit organization) has provided in the performance of these duties. They continue to be a vital player in the City’s efforts to keep its streets and rights-of-way clean.

To date, the program has been a complete success with little to no daily oversight required by City staff other than providing daily work tasks. In-house staff issues these regular work tasks to CEO via Public Works’ work order management system with nothing more required. CEO is responsible for its payroll, insurance, in-the-field supervision, and management of their crews. With increased responsibilities for City supervisors and managers, CEO’s dependability and self-management of crews has been invaluable to staff and has reduced the administrative burden of managing additional crews for management staff.

It is also important to note that as a non-profit organization, CEO provides a desperately needed service at very competitive rates below market cost. They utilize prevailing wages but subsidize 55% of the cost the city would otherwise pay for similar services. Additionally, they provide all training to their crews at no cost to the city and are responsible for their own equipment, supplies, and personal protective equipment. The city only allows them to dispose of collected debris and litter at our city yard.

CEO crews consist of at least 6 employees per crew with dedicated on-site field supervisors. An additional smaller crew responsible for daily illegal dump clean-up on City streets and rights-of-ways consists of 3 employees plus a supervisor. The crews work five days a week and are flexible to the needs of the city should more important maintenance or cleanliness services be required, such as palm frond or storm debris clean-up.

CEO’s annual work production for the city has been nothing short of remarkable. Within the past year, they have provided the following services:

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Table 1. CEO Annual Work Production (April 2022-April 2023) Right of Way Clean Up Remarks
83 CRMs completed
1,078,050 Sq. Ft. cleared
544 cubic yards of debris removed
This includes litter collection, weed
abatement, and hazard removals.

City Lots and Vacant Properties
91 CRMs completed
4,445,000 Sq. Ft. cleared
577 cubic yards of debris removed
This includes large item removal,
brush clearing for fire-hazard
compliance, bulky item removal if
present.

Alleys
125 CRMs
4,944,000 Sq. Ft. cleared
701 cubic yards of debris removed
This includes weed-abatement near
fences, litter collection, bulky item
removal.

Palm Frond Post-Storm Clean
Up
Remarks
295 palm frond piles removed Each pile consists of large palm fronds and related green waste
present on roadsides and
sidewalks.

Illegal Dumps
1,445 illegal dumps removed city-
wide
Only includes January 2023 to April
2023 since the new “roving crew”
program was initiated. By far, the
biggest contribution from CEO as
each illegal dump can average 2
cubic yards of debris.

Exception to Non-Competitive Procurement
In March of 2023, the Operations and Maintenance Division of Public Works worked with the City Attorney and Procurement to determine the best path forward in ensuring the City would be able to continue providing the vital services CEO has been delivering. CEO is a non-profit organization with a proven track record of success, with their clean-up effort and reducing recidivism rates among parolees residing in the City.

In addition, CEO assists with work transitional services (to include those related to the unhoused community). A determination was made that an exception to the standard procurement process could be used under the “public good” clause. As a result, CEO was asked to provide the cost to renew their services within a new maintenance service agreement. The cost requested primarily focuses on a cost-per-crew with optional crews included, should Council or staff decide to further-expand their services to building facilities or graffiti abatement services in the future. These detailed costs are

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provided in Exhibit 2 of Attachment 1 but are summarized in the table below. It is important to note these costs will be renewed, should the City exercise any options to extend the agreement. This agreement will consist of four option years after the first contract year and will be renewed annually at the City’s discretion. The last option year will expire on June 30, 2028. The City will need to budget annually for each option year should they be exercised within the Public Works Operations and Maintenance.

Table 2. Cost per Crew with Optional Crews and Option Years Crew Type Total Employees Annual Cost
Roving Illegal Dump
Crew #1
3 participants plus supervisor $186,750
Roving Illegal Dump
Crew #2
3 participants plus supervisor $186,750
Roving Illegal Dump
Crew #3
3 participants plus supervisor $186,750
Standard Crew #1 6 participants plus supervisor $454,090 TOTAL: $1,014,340
Optional Crews*
Facility Support Crew 4 participants plus supervisor $262,142 Graffiti Crew 2 participants plus supervisor $182,275
OPTIONAL CREW TOTAL: $444,417
* The optional crews are shown for reference only
Staff is confident that CEO will continue providing the same exceptional level of service that has been demonstrated since City Council initiated this program in 2016. Should further expansion of the program be considered, costs for optional crews are provided and an amendment to extend services would be sought from City Council.

In FY 22/23 the funding allocation for these services utilized the Gas Tax Fund in the amount of $550,00 and was requested for appropriation in the upcoming FY2023/24 budget. A budget amendment is requested within the Public Works, Operations and Maintenance budget in the amount of $464,340 to compensate for the additional roving illegal dump crews. The total annual amount of this agreement is $1,014,340.

The Gas Tax Fund has historically been utilized for curb-to-curb improvements of City streets and roads. This includes minor projects, repairs, upgrades, and maintenance within the boundaries of the street.
2021-2025 Strategic Targets and Goals
This project is consistent with several goals and targets. It is aligned with Goal No. 3: Improved Quality of Life. This maintenance service agreement will ensure City streets, property, vacant lots, alleys, and rights-of-way are kept clean and free of litter and weeds. It will also enhance safety for our residents and improve the quality of life.

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Fiscal Impact
The impact to the Gas Tax Fund will be $1,014,340 for this item. There is no General Fund impact. Additionally, the Gas Tax Fund will require an amendment of $464,340 to compensate for the additional illegal dump (roving) crews as only $550,000 has been programmed annually into the upcoming FY 2023/24 budget. The full amount of $1,014,340 will be required annually until FY 2028 should the City elect option years.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

2. Adopt Resolution No. 2023-096 authorizing the Agency Director of Administrative Services to amend the FY2023/24 Gas Tax Operating Budget Revenue and Expenditures by $464,340 for right-of-way clean-up services and weed abatement; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340.

Attachment
Attachment 1 Maintenance Services Agreement
Attachment 2 Resolution 2023-116
Attachment 3 CEO Original Agreement 2016
Attachment 4 CEO First Amendment
Attachment 5 CEO Second Amendment
Attachment 6 Reso for First Amendment
Attachment 7 CEO 2018 Staff Report
Ward:

All Wards
Synopsis of Previous Council Actions:

August 15, 2018 Resolution No 2018-230 Authorizing an Amendment to the Vendor Services Agreement with the Center for Employment Opportunities.

May 2, 2018 Resolution No. 2018-122 Authorizing an Agreement with the Center for Employment Opportunities

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May 11, 2016 Resolution No. 2016-45 Authorizing an Agreement with the Center for Employment Opportunities

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CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 19th day of July, 2023 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and CENTER FOR EMPLOYMENT OPPORTUNITIES, a CALIFORNIA CORPORATION, with its principal place of business at 1777 Atlanta Avenue, Suite G-1, Riverside, CA 92507 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing Right of Way Clean-Up and Weed Abatement Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Right of Way Clean-Up and Weed Abatement Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Right of Way Clean-Up and Weed Abatement Services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 19, 2023, to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to continue services by electing four (4) annual option years, culminating on June 30, 2028.

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3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Ernesto Salinas, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Henry Barela, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally,

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Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such

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requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for

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violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

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(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and the policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $2,000,000 MINIMUM per occurrence for bodily injury, personal injury, and property damage; and $4,000,0000 aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (Defense costs shall be paid in addition to the limits.) (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall

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be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be in excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be in excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional

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insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor

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shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface

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improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, ae deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall

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not exceed One Million Fourteen Thousand Three Hundred Forty Dollars ($1,014,340). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner

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under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

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Contractor:

Center for Employment Opportunities, Inc.
1777 Atlanta Avenue, Suite G-1
Riverside, CA 92507
Attn: Henry Barela
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents, and volunteers, for any and all legal

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expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

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[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CENTER FOR EMPLOYMENT OPPORTUNITIES, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CENTER FOR EMPLOYMENT
OPPORTUNITIES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number

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EXHIBIT A

SCOPE OF SERVICES
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

The Vendor will perform right-of-way and related maintenance services that primarily focuses on the collection of litter and illegally dumped items. This organization must have a 501 c 3 status whose workforce is staffed with participants seeking to improve their lives and who are part of a transitional work program designed to reduce recidivism rates (see Para., Program Participants and Para., Contractor Responsibilities for detailed requirements). The organization must also have the ability to be contacted on- demand via our dispatch service using cell phones or other mobile technologies during the workday. Work will be located within the City of San Bernardino rights-of-way (including sidewalks), city-maintained easements, city parking lots, and any other city property. In some instances, weed abatement, small brush removal, sediment removal, and vegetation removal from ROWs will be requested. Sweeping of trash and debris may also be requested as part of litter collection efforts from curbs and storm drains on ROW—especially as it collects on top of sediment.

Below is a list of general work tasks. It’s again important to note that the bulk of the requirements of this scope of services is the collection of litter and illegally- dumped items from sidewalks and ROWs but is not limited only to those tasks.

In general, work will mostly be centered in or near the arterial streets listed in Table 2.

Table 1. List of General Work Tasks
Work Tasks Remarks
removal of litter, garbage, and debris from
ROWs
sweeping of trash with broom from curb
lines/storm drains prior to collection
This is typically littering such as cups, food
wrappers that street sweepers fail to collect
removal of minor sediment from ROWs/curb
& gutter lines
removal of vegetation from ROWs This may include pulling vegetation from sidewalk cracks, curbs, exterior of storm
drains
sweeping of trash from roadways May require extra safety precautions collection of trash dumped on roadways
collection of illegally dumped items from
ROWs and roadways
weed eating As requested by city staff

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EXHIBIT A
Work Tasks Remarks
removal of litter, garbage, and debris from
ROWs
sweeping of trash with broom from curb
lines/storm drains prior to collection
This is typically litter such as cups, food
wrappers that street sweepers fail to collect
removal of minor sediment from ROWs/curb
& gutter lines
removal of vegetation from ROWs This may include pulling vegetation from sidewalk cracks, curbs, exterior of storm
drains
sweeping of trash from roadways May require extra safety precautions collection of trash dumped on roadways
collection of illegally dumped items from
ROWs and roadways
weed eating As requested by city staff
Table 2. List of Arterial Streets
Arterial Street Remarks
Sierra Way From Mill Street to 52 St.

Waterman From Hospitality to 40th
Arterial Street Remarks
Highland Entire street
Baseline Entire street
Tippecanoe Entire street excluding County Pockets
40th Street Entire street
Mountain View Ave Not to be confused with Mt. View (abbreviated street name at other area)
H Street Entire street (land locked but continues off of Kendall) G Street Entire sreet
Rialto Street Entire street
Orange Show Rd/San
Bernardino Ave
East and west to include merge with San Bernardino Ave to Mt. View
2nd Street Mt. Vernon to Freeway (I Street)
Meridian Entire street within city limits
5th Street Entire street excluding County Pockets
Kendall Dr Entire street
Sterling Entire street excluding County Pockets
Del Rosa Entire street excluding County Pockets
E Street Entire street
Arrowhead Entire Street

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EXHIBIT A
Priority Work Tasks: The tables below reflect the ideal priorities for the city and is intended to provide the organization with a better understanding of the city’s current and additional maintenance needs by priority. Not all tasks will be requested routinely.

PRIORITY 1. Work Tasks Remarks
litter collection from ROWs, city properties
illegal dumping collection from ROWs, city
properties
includes bulky items
palm frond collection from ROWs city-wide post wind events scraping and removal of slap stickers from
intersection poles, ped buttons, etc
sweep/blow sidewalks on arterial corridors after
litter c
weed abatement (pull and/or use weed-whacker)
from ROWs and other city properties
chemical application not authorized
without proper certifications
yardwaste collection from ROWs, city properties
PRIORITY 2. Work Tasks Remarks
graffiti removal from utility boxes, poles, ped
buttons
guardrail touch-up painting
raking of landscaped areas (non-contractual sites)
bottle caps, broken bottles collection at parks and
ROWs
raking underneath plant beds in Parks, ROWs,
bleacher wipe down/touch up painting
park bench paint touch-up
PRIORITY 3. Work Tasks Remarks
assistance with homeless camp clean ups
removal of debris from lake at Seccombe Lake will not require getting in lake/water removal of dead plants at street medians, other
areas
curb/gutter trash collection and clean up
minor curb painting in non-high traffic volume
areas
fence touch up (vine removal, spray paint touch
up)

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EXHIBIT A
PRIORITY 4. Projects Remarks
small to medium sized landscape upgrades
(conversion of grass-turf areas to drought-tolerant)
this will include decorative rock
spreading, planting, mulch application,
weed-prevention fabric, etc.
pocket park establishment decomposed granite (spreading), rock and mulch application, planting, mulch
application
pressure-washing sidewalks will require training/observation by city staff before operating
brush removal from vacant lots, trimming to 18” or
lower for native plants/brush
fire hazard (overgrown vegetation)
mitigation

STAFFING
It is requested at least (1) roving illegal dump collection crew of at least 3 participants and one supervisor be provided on a daily basis for street/row cleanup activities. An additional standard crew of at least 6 participants (plus a supervisor) is requested for larger clean-up of vacant city lots or other City property. •Supplemental Staffing: Two (2) supplemental roving illegal dump collection crews are requested within this agreement. The City recognizes that this is contingent upon participant availability.
•Optional Staffing: A third (optional) crew of at least 4 participants and one supervisor is also highly desired to assist with janitorial services at approximately 20 city parks. A fourth (optional) crew of at least 2 participants plus one supervisor is desirable for graffiti abatement/curb painting. Please Note: The cost for optional crews should not be reflected in overall cost for services, but, rather, included as a separate amount.

Program Participants: The organization will ensure that crews providing services to the city will be comprised of individuals who live in San Bernardino County, have criminal conviction(s), and have been thoroughly screened by the organization to ensure they will be suitable participants for a program of this nature.

EQUIPMENT
The organization must provide a listing of available equipment and supplies to reassure the City of its ability to perform required work tasks. While no specific equipment is mandated, it is generally expected that the organization will possess the following:
•2 large stake bed trucks
•3 passenger vehicles with trailer-mounted porta-potties •Rakes, blowers, weed-whackers, litter pickers, pressure-washers, •All necessary PPE for employees

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EXHIBIT A
Additional Notes:

Litter collection may be required from sidewalks, store fronts, alcoves, entrances, crevices and may include items such as leftover food, used clothing/shoes, debris, syringes, and is not limited solely to paper-based wrappings or discarded food packaging. These items may be disposed in City trash receptacles (if at a low volume) and/or brought to the City yard for higher volumes (excluding syringes/needles).

Litter collection in ravines, creeks, washes, or embankments will require a separate agreement between both parties (the City and Organization) to ensure maximum safety should the need arise. The inability to provide these tasks will not disqualify the organization from consideration for this project.

RESPONSIBILITIES OF THE 501 (c) 3 ORGANIZATION
The organization will:
•Perform all outreach, recruitment, screening, and enrollment for program participants and will manage all aspects related to participant’s requirements for verification or participation in the program. The City will not verify any individual’s participation in work tasks (or employment) for any outside entities or other related agencies requesting such information.
•Screen all participants and provide supervisory controls to ensure eligibility and fitness for work,
•Provide supervisors for each work crew.
•Ensure the safety of all participants to include training for working in streets, proper PPE usage, and any other safety-related training.
•Provide compensation in accordance with all local, state, and federal minimum wage laws.
•Provide participants with the following services:
oPre-employment training.
oJob coaching and job placement services.
oPost-placement services.
oCounseling services (referrals).
•Indemnify the City of all and any potential liability stemming from any work or services provided to the City. Indemnification waivers (provided by the city) must be signed by all participants.

TERM:

The term for these services is from July 19, 2023 to June 30, 2024, with four (4) annual option years, culminating on June 30, 2028.

HOMELESS ENCAMPMENT DISCLAIMER(S)
The organization may reserve the right and sole discretion to decline to perform right-of-way maintenance services at a city-designated site if such site contains potentially hazardous materials, including but not limited to biohazardous materials, an active or recently active homeless encampment, and/or if any persons impacted by homelessness are near the site.

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EXHIBIT A
Both parties agree that should litter and/or illegally dumped items be reasonably considered by CEO to be the personal property of homeless individuals, CEO will elect to not disturb said items and will notify the City.

WORK TASK DEFINITIONS:

1. Litter Collection from Grounds. This includes the collection of all litter from the median or island grounds to include collection from grass turf, landscape beds, decorative rock beds, stamped pavement, pavers, or concrete surfaces. Litter shall include non-typical discarded items, such as syringes, used clothing/shoes and is not limited solely to paper-based wrappings or discarded food packaging. Syringes and biohazards should be appropriately separated and disposed of properly in accordance with applicable rules and regulations.

2. Palm Frond Collection. Collection of palm fronds on City ROWs, sidewalks, or other City- owned properties. Removal of fronds from storm drains/gutters and greenbelts. Support during and post-windstorm events is expected when tasks can be accomplished safely.

3. Scraping and Removal of Slap Stickers. Removal of minor slap stickers or other adhesive-based graffiti on City poles, utility boxes, fences, etc. This will likely require scraping and other methods to remove the stickers. Wipe down of any leftover residue is required.

4. Sweeping/Blowing. Sweeping/blowing of sidewalks, parking lots, curbs, walking trails and collection of left-over debris. Areas should be free of any dirt/silt once sweeping or blowing is complete.

5. Weed Abatement. Removal of weeds from City rows, landscaped areas, medians, City property, greenbelts, easements, alleys. This will require manual or powered-tool removal prior to spraying with chemicals (either by licensed City Staff or a licensed volunteer with appropriate Pesticide license).

6. Minor Graffiti Removal. Removal of graffiti (painted, marked) on City property to include intersection poles, utility boxes, fences, windows, pedestrian crossing signs, etc. This may be accomplished through non-toxic chemicals, pressure washing, or touch-up with matching paint.

7. Minor Touch-Up Painting. This may occur in City-owned buildings (exterior only), fences, walls, or other similar infrastructure requiring paint touch-up. The city will provide paint and paint supplies.

8. Raking of Landscaped Areas. All landscape beds (regardless of the volume of plants/shrubs) will be raked free of minor yard waste, clippings, litter, etc. All dead leaves or debris under plants/shrubs shall be raked away to create a clean appearance. Other non- typical areas may be requested.

9. Wipe-down/pressure-washing of City Owned Amenities. Proper wipe-down and pressure washing of City-owned amenities and hardscape elements (such as park benches, tables, trash cans, street light poles, signs, monuments, etc.) will be performed using non- abrasive methods that will not result in damages. All effort will be made to prevent any chipping of paint; alternative methods to safely clean hardscape elements are authorized.

10. Removal of Dead Plants/Minor Debris. At all applicable locations, dead plants and dead shrubs will be removed and properly disposed of. This may include plants from landscape

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EXHIBIT A
beds, ROWs, City-owned lots. Replanting may be requested but this will occur with City staff present; plants to be provided by City staff.

11. Curb/Gutter Trash Collection. Trash and other debris on curbs, gutters, or storm drains will require careful collection as to not cause accidental deposit into storm drains. Sweeping with an industrial dustpan is the preferred method.

12. Minor Curb Painting. At the City’s request, minor curb painting to replace faded paint may be requested. This may include red (no parking) touch up along with other regulatory markings. This will be minor in nature and the city will provide all applicable materials and supplies.

13. Fence Touch Up. Minor fence repairs (reattaching broken wires, chain links) may be requested. Touch up of faded paint on chain links may also be requested along with removal of vines.

14. Brush Removal. At City-owned lots and other properties, removal of brush using manual or powered tool methods. Brush will be collected appropriately and, to the maximum extent possible, separated for proper green waste recycling. In some instances, removal of brush may require work on large vacant lots for fire hazard mitigation.

15. Minor Landscaping Upgrades. The city will provide all supplies and materials for minor landscaping upgrade projects. These projects may include restoration of small, landscaped areas, sitting areas, and other beautification efforts at street islands, greenbelts, and pocket parks.

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EXHIBIT B

SCHEDULE OF SERVICES
Work Reporting and Notification. The organization will be required to notify the City representative (via email) of the amount of crews available to perform work on a daily basis.

Upon notification, the City representative will determine which work locations will be assigned.

Variations to this process may occur when work tasks/locations are determined in advance by the City representative. If possible (and without creating an extra, undue, burden to the organization), before and after photos of work accomplished will be highly desirable for City staff.
•General Daily Operations for Roving Illegal Dump Crew(s): Roving illegal dump crews will be assigned arterial streets to inspect (drive) and begin collection of litter and illegally dumped items. Should all assigned streets be completed before the end of day, the Crew Supervisor will contact the City representative (Streets Supervisor) and request additional tasks for the day. Throughout the workday, the Crew Supervisor may receive no-notice litter collection or illegally dumped items requests. Once he or she receives this call, he may make a judgement call as to collect the items immediately or wait until the last work hour of the day unless he receives specific instructions to collect the litter/items immediately. The intent is to not bounce crews all over town with individual requests (however, this may unfortunately happen on rare occasions).

Other Assigned Tasks: As previously described, crews may be assigned minor landscaping tasks such as weed abatement, brush removal, vegetation removal, sediment removal from time to time. Though this is not the primary work task, it will be requested by the Streets Supervisor when the need arises. The City will make every effort to provide advance notice of these types of requests.

Hours of Operation. All work will be performed Mondays to Fridays within the hours of 7 a.m. to nightfall unless otherwise exempted by the City representative. Work is not generally allowed during nighttime. The term “within” is meant to describe the range of hours for work and does not include work during the entire timeframe. In other words, a 7:30am to 2pm shift is acceptable or a 8:30am to 3:30pm shift is acceptable. A minimum of 6.5 work hours per day is expected (excluding lunch breaks).

Requests from The Public. The organization is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations while performing work for the City. The organization will make every effort to politely inform the requesting individual to contact San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of this agreement may be cause for termination.

Disposal. The city authorizes the organization to dispose of any debris, green waste, bulky items ONLY related to work tasks assigned by the city representative. All efforts will be made to separate green waste and properly dispose (recycle) it at the corresponding bin located in the city yard.
•Bulky items (discarded furniture, etc.) collected during volunteer work shall be disposed of (recycled) at the City Yard. Such items cannot be collected and/or kept for personal use by the organization or its staff.

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EXHIBIT B
•Syringes/needles will be appropriately disposed of using sharps containers (the city is able to provide these containers if needed).
•Biohazards/fecal matter will be mitigated using proper procedures by trained/certified volunteer personnel or should be left behind with City staff being immediately notified of the location.

City Yard Access. Access will be granted to the organization and staff for disposal of trash, debris, or any other collected items from daily work tasks. Generally, the City Yard is open from 6 a.m. to 4:30 p.m., however, badge access will be provided to the crew supervisors, managers, and/or team lead for access to the disposal areas of the yard should gates be locked. No more than 3 badges will be granted.

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EXHIBIT C

COMPENSATION

VENDOR QUOTE FORM
VENDOR NAME: Center for Employment Opportunities, Inc.

ADDRESS: 1777 Atlanta Avenue, Suite G-1, Riverside, CA 92507 PHONE: (909) 380-8822
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

RIGHT OF WAY CLEAN-UP SERVICES

COST SHEET
Crew Type Total Employees Annual Cost
Roving Illegal Dump
Crew #1
3 participants plus supervisor $186,750
Roving Illegal Dump
Crew #2
3 participants plus supervisor $186,750
Roving Illegal Dump
Crew #3
3 participants plus supervisor $186,750
Standard Crew #1 6 participants plus supervisor $454,090 TOTAL: $1,014,340
Optional Crews
Facility Support Crew 4 participants plus supervisor $262,142 Graffiti Crew 2 participants plus supervisor $182, 275
OPTIONAL CREW TOTAL: $444,417

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EXHIBIT C
Optional Years
ADDITIONAL YEARS NOTE: List as “same” if no projected
annual increases are expected.

YEAR 2 3 PARTICIPANT
CREW:$_____
6 PARTICIPANT
CREW:$_____

OPTIONAL CREWS
TOTAL: ________
TOTAL YEAR 2:

SAME AS ABOVE
YEAR 3 3 PARTICIPANT
CREW:$_____
6 PARTICIPANT
CREW:$_____

OPTIONAL CREWS
TOTAL:
________
TOTAL YEAR 3:

SAME AS ABOVE
YEAR 4
3 PARTICIPANT
CREW:$_____
6 PARTICIPANT
CREW:$_____

OPTIONAL CREWS
TOTAL: ________
TOTAL YEAR 4:

SAME AS ABOVE
YEAR 5
3 PARTICIPANT
CREW:$_____
6 PARTICIPANT
CREW:$_____

OPTIONAL CREWS
TOTAL:
________
TOTAL YEAR 5:

SAME AS ABOVE
*Please do not include option years totals in overall amount.

All additional outyears are subject to renegotiation should labor market costs increase.

Total Number of Additional Pages: 0
I hereby declare under penalty of perjury that the foregoing is true and correct.

Submitted By:

Title:
(Authorized Representative Signature)
Print Name:

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________

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Resolution No. 2023-116
Resolution 2023-116
July 19, 2023

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RESOLUTION NO. 2023-116

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING

THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES
TO AMEND THE FISCAL YEAR 2023/24 GAS TAX

OPERATING BUDGET REVENUE AND EXPENDITURES BY
$464,340 FOR RIGHT-OF-WAY CLEAN-UP SERVICES AND
WEED ABATEMENT.

WHEREAS, the City of San Bernardino values keeping City rights-of-way, City properties, vacant lots, free of illegal dumping, and weeds; and WHEREAS, the City is supportive of all efforts to properly maintaining, and keeping City infrastructure safe and clean; and
WHEREAS, the City recognizes that keeping our right-of-way maintenance services and litter/illegal dumping collection services operating smoothly will promote safer communities and encourage economic investment.

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 adopt resolution No. 2023-096 authorizing the Agency Director of Administrative Services to amend the FY 2023/24 Gas Tax Operating Budget by the amount of $464,340; and
SECTION 3. The Mayor and City Council authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340; and SECTION 4. The Mayor and City Council authorize the City Manager to execute a Maintenance Services Agreement with the Center for Employment Opportunities, (CEO), for City-wide right-of-way maintenance services, litter/illegal dumping collection, and weed abatement; and
SECTION 5. The Mayor and City Council find 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.

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Resolution No. 2023-116
Resolution 2023-116
July 19, 2023

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SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of July, 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2023-116
Resolution 2023-116
July 19, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-116, adopted at the regular meeting held on the 19th day of July 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____ 2023.

Genoveva Rocha, CMC, City Clerk

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Discussion
As part of the FY 2018/19 budget, the Mayor and City Council approved additional funds to support incre ased right of way maintenance as well as funding for as -needed temporary labor support. Public Works staff saw this need and funding as a great opportunity to expand the currently successful trial CEO program.

This amendment will increase the contract amount with CEO to $465,645 and extends the terms of the current agreement to June 30, 2019. With this increased budgeted amount, CEO will be able to provide two additional crews (for a total of three crews) to perform weed abatement, maintenance, and cleanliness services in the City’s landscaped areas, City-owned private properties, and rights of ways. Equally important, this amendment will allow CEO to have wider -coverage of the City with faster response times and will address City Council’s desire to expand the scope of the program. Under the current agreement, CEO has only been utilizing one crew to perform work activities throughout the City.

CEO crew s consist of at least five employees per crew with a dedicated on- site supervisor. The crews work five days per week (40 hours per e mployee) and receive direct assignments from Public Works (often on a daily basis but work assignments may be provided on a weekly basis for longer-term assignments).

The City will continue issuing regular work assignments to the CEO team and has recently implemented a methodology to track all of CEO’s work activities via Public Work’s work order management system. CEO will continue to be responsible for payroll, insurance, in-the-field supervision, and management of their team.

It’s important to note that CEO provides a unique service with very competitive rates at below-market cost. They utilize prevailing wages but subsidize 59% of the cost that the City would otherwise pay for similar services. In addition, they provide training to thei r crews at no cost to the City and provide personal protective equipment (PPE) and appropriate foot ware to their employees.

2018-2019 Goals and Objectives
Augmenting City staff with CEO crews aligns with Goal No 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City ; Goal No 5: Improve City Government Operations; Goal No 6: Operate in a F iscally Responsible and B usinesslike Manner; and Goal No. 7: Pursue City Goals and Objectives by Working with Other Agencies.

Fiscal Impact
Funds are to be expended as follows:
$465,645 for FY 18/19 (July 1, 2018 – June 30, 2019)

Cost to the City is $465,645. Funding for this contract in FY18/19 is budgeted in account 126-400-0099-5502 ($370,859), 001-400-0037-5014 ($74,786), and ($20,000) from account 001-380-0072-5505.
8/9/2018 11:30 AM

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Conclusion
It is recommended that the Mayor and City Council of the Ci ty of San Bernardino, California, adopt Resolution No. 2018-230, authorizing and directing the City Manager to amend the Vendor Services Agreement with the Center for Employment Opportunities for weed abatement and landscape maintenance services. Not approving this action will result in a backlog of landscape maintenance service requests.

Attachments
Attachment 1 Resolution No. 2018-230; Amendment Number One to Landscape Maintenance Services Agreement
Attachment 2 Resolution No. 2018-122; VSA (original) with CEO

Synopsis of Previous Council Actions:

May 2, 2018 – Resolution No. 2018-122 Authorizing an Agreement with the Center for Employment Opportunities
March 11, 2016 - Resolution No. 2016-45 Authorizing an Agreement with the Center for Employment Opportunities

8/9/2018 11:30 AM

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Mary Alvarez-Gomez, Grants Division Manager
Department: City Manager's Office
Subject: Co-Applicant for Round 5 Transformative Climate Communities Program Grant Funding (Ward 1, Ward
2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the Interim City Manager, or designee, to submit an application as a co-applicant of the Housing Authority of San Bernardino County to the Round 5 Transformative Climate Communities Program for the Arrowhead Grove Redevelopment Project; and

Background
The California Strategic Growth Council (SGC) released the notice of funding availability (NOFA) on March 8, 2023, for the Round 5 Transforming Climate Communities (TCC) Program with an application deadline of August 1, 2023. The grant funding opportunity allows for the three (3) application options for planning, project development, or implementation grants, depending on project readiness. The funding opportunity aims to address reduction of greenhouse gas (GHG) emissions through the development and implementation of neighborhood-level programs to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, and encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner.

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The Housing Authority of San Bernardino County (HASBC) approached the City to partner as a co-applicant to the project development application for the Arrowhead Grove Redevelopment Project. The project development grant option is intended to bridge support for projects that are not quite shovel ready but have a defined, existing regional or local plan that benefits vulnerable communities. The application requirements call for a collaborative stakeholder structure based upon a shared vision. Based upon these elements, staff began to engage in planning meetings as potential partners.

Discussion
Recognizing that the City’s role and partnership is vital to the success of the redevelopment of the Arrowhead Grove site, staff has been engaged as a collaborative partner to identify and develop strategies to draft an application for the project development option to the TCC grant. With HASBC serving as the lead applicant, the partnership involves key stakeholders as co-applicants to address various elements required of the grant, including:
•City of San Bernardino
•Dignity Health/Common Spirit
•El Sol Neighborhood Educational Center
•Growing Hope Project
•Loma Linda University
•Making Hope Happen Foundation
•Neighborhood Housing Services of the Inland Empire
•OmniTrans
•San Bernardino County Workforce Development Agency
•San Bernardino Transportation Authority
This grant opportunity can potentially earn up to $5M in funding to San Bernardino to carry out the project scope of work. The TCC grant maintains a list of transformative elements to address include, community engagement, displacement avoidance, climate adaptation and resiliency, and workforce development and economic opportunities, and data collection and indicator tracking. The pre-development work proposed in the application will address these elements through the Arrowhead Grove Redevelopment Project for the 93 units of mixed income and mixed-use residential development and a community resource center. The community resource center will serve the community with convenient access to health care, job training, and other supportive services. Connecting this site to the downtown area and other amenities such as parks, libraries and schools through the infrastructure surrounding the Arrowhead Grove site. This strategy addresses Greenhouse Gas (GHG) reduction through the development of housing and a multi-modal approach with a focus on public transportation, and improvements to accommodate pedestrian and bicycle traffic. 2021-2025 Strategic Targets and Goals
The submittal of this application as a co-applicant for TCC grant funds aligns with Key Target Goal No. 3 Improved Quality of Life, by attempting to secure additional funds to

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increase affordable housing, improved transportation infrastructure and economic development through engagement, collaboration, and alignment with other partners and sectors of industry.

Fiscal Impact
There is no fiscal impact to the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council on behalf of the City of San Bernardino, California:

Attachments
Attachment 1- Draft TCC Partnership Agreement
Ward:

First Ward; Second Ward
Synopsis of Previous Council Actions:

No previous action.

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1 DRAFT PARTNERSHIP AGREEMENT FOR THE COLLABORATIVE STAKEHOLDER

STRUCTURE FOR

ARROWHEAD GROVE INCLUSIVE REDEVELOPMENT PROJECT
This Partnership Agreement for the Collaborative Stakeholder Structure for the Arrowhead Grove Inclusive Redevelopment Project (“Agreement”) is made and entered into this ___ day of July, 2023 (“Effective Date”), by and between the Housing Authority of the County of San Bernardino (“HACSB”) and, Dignity Health/Common Spirit, City of San Bernardino, Omnitrans, Loma Linda University, Making Hope Happen Foundation, Neighborhood Housing Services of the Inland Empire, and El Sol Neighborhood Educational Center (each a “Partner” and collectively the “Partners”). Together, the HACSB and Partners shall be referred to herein as Parties”. Although titled “Partnership Agreement,” this Agreement functions as a Memorandum of Understanding and is not intended to be legally binding.

General Terms and Conditions

1. Background and Recitals
A. This Partnership Agreement is entered into pursuant to requirements of the Transformative Climate Communities (TCC) Program and the Arrowhead Grove Inclusive Redevelopment Project (“Proposal”) and memorializes basic terms to govern the planning and implementation of the scope of work included in the Proposal.

B. Through this Agreement, HACSB and the Partners commit to work together to implement the projects identified in the Proposal if funded by the TCC grant. The HACSB, as Lead Applicant and Partners as Co-Applicants have developed the projects included in the Proposal with the understanding of the TCC program requirements and are prepared to lead and participate for the term of the TCC grant.

C. Through TCC, the California Strategic Growth Council (SGC) funds the development and implementation of neighborhood-level proposals with multiple, integrated projects and empowers communities to choose their own strategies for reducing greenhouse gas emissions and achieving community benefits.

D. If awarded, HACSB will be the Grantee responsible for the grant from SGC ("TCC Grant") to fund a range of capacity building activities within the city of San Bernardino in the County of San Bernardino as depicted in the attachment. (Exhibit A, Project Area).

E. TCC Partners are organizations eligible to participate in the program and fully support the objectives, goals, strategies, and projects identified within the submitted and ultimately approved by SGC ("TCC Grant Application"), and the HACSB and Partners agreed to be Co- Applicants for the TCC Grant Application.

F. SGC requires this Agreement to set forth the agreed upon governance structure and terms of operation required to implement the Arrowhead Grove Inclusive Redevelopment Project including but not limited to, the expectations and responsibilities of the Parties, legal and financial terms, and community engagement and decision-making processes.

G. Parties desire to enter into this Agreement in order to establish a collaborative stakeholder structure for matters pertaining to the TCC Grant and the implementation of the scope of work within the forenamed Project Area within the County of San Bernardino.

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2 H. Parties acknowledge and agree that other Partners may be added to this Agreement, decided through a democratic process amongst the Collaborative and in consultation with SGC.

I. This Agreement is entered into pursuant to requirements of the TCC Program and the Arrowhead Grove Inclusive Redevelopment Project (“TCC Proposal”) and memorializes basic terms to govern the planning and implementation of the scope of work included in the TCC Proposal.

2. Roles and Responsibilities

2.1 Lead Applicant
As the Lead Applicant, HACSB commits to all duties and responsibilities corresponding to the Lead Applicant role under the Arrowhead Grove Inclusive Redevelopment Project for the term of the TCC Grant. The HACSB is fully committed to the activities and deliverables of the TCC Proposal, the requirements of the TCC Grant, and the stipulations of this Agreement, and agrees to take all actions necessary to effectuate the requirements of the TCC Grant in accordance with the State of California requirements.

As Lead Applicant, the HACSB responsibilities include but are not limited to:
a. Commitment to Co-Applicants
a. Commitment to plan and establish an implementation schedule b. Commitment to work collaboratively
c. Leverage of available funds
b. Roles and Responsibilities
a. Coordinating all components of the TCC Proposal and processing the approval of the TCC Proposal through the California Strategic Growth Council as may be necessary or appropriate;
b. Overseeing and coordinating the TCC Proposal project; c. Preparing and disbursing the TCC Grant funds to Co-Applicants either as reimbursement or advanced funds for eligible administration and services upon submission of full and complete disbursement requests or supporting documentation for advanced funds, subject to State review and approval; d. Submitting all invoices and associated summary reports, and annual reports to the TCC Program staff
e. Participating in regular check-in meetings with TCC Program staff f.Providing HACSB staff support during the entirety of the grant term; and g. Achieving and monitoring goals and associated indicators as defined by the TCC Proposal and the TCC Grant Guidelines.
c. Governance
d. Build Equitable Policies
e. Additional Lead Applicant Roles and Responsibilities In addition to serving as the Lead Applicant, the HACSB has and will continue to provide funding and administrative support associated with the redevelopment, financing, and construction of six single family home ownership units, a 93 unit mixed use, mixed income sustainable and walkable residential unit development, a 125 unit mixed use development, as well as two new Community Resource Center facilities, in which workforce development, health care, and other critical community services will be provided, These ongoing efforts include, but are not limited to, architectural, environmental, engineering, financing and construction related work as well as serving as the Project Manager responsible for

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3 managing various contractors, subcontractors, facilitating onsite and offsite improvements, and other related project management related activities needed to support the construction of all aforementioned projects, all of which are consistent with the Waterman + Baseline Specific Plan that was adopted by the San Bernardino City Council December 19, 2016.

2.2 Co-Applicants
Co-Applicants are responsible for implementing specific strategies stipulated within the Collaborative’s work plan, and will have the staff capacity, expertise, and organizational/project management abilities to deliver on their commitments within the overall work plan.

The following entities will serve as Partners on Arrowhead Grove Inclusive Redevelopment Project for the term of the TCC Grant.
a.Dignity Health/Common Spirit
Private health care provider who will work with other community partners to identify and develop specific health related services and programs and assist in provisions of housing, transportation alternatives aimed at reducing air pollution while improving overall community health. Dignity Health is a planned tenant for the Community Resource Center and will consider partial financing through the Community Investment Program application process for the housing developments that will occur as a part of the work plan. HACSB will be the lead in completing the Community Investment Program application and soliciting and raising all necessary financing for the Arrowhead Grove Inclusive Redevelopment Project.
b.City of San Bernardino
The City plays a vital role in developing the changes to the built environment surrounding around the Arrowhead Grove redevelopment project.reas contained in the Waterman + Baseline Specific Plan. The City will work with other stakeholders to identify alternative funding sources needed to complete the street improvement projects as designed as a part of our Strategy 3.1 work plan in partnership with them. As a participant in this collaborative, they will also work to develop infill incentives, new community based programs related to public safety, code enforcement, and other recommendations that may be identified through the Collaborative Stakeholder and/or community outreach process.
c.OmniTrans
Local Public Transportation provider responsible for providing fixed route, paratransit, and other alternative transportation services. OmniTrans has been working with our collaborative group to identify improvements to existing fixed route services associated with our target location as a part of our Strategy 3.2 work plan. In addition to this, their team is committed to performing ongoing evaluations and developing “first mile/last mile” alternatives to assist in the development and installation of various infrastructure related improvements along Waterman and Baseline needed to improve pedestrian and bicyclist safety and encourage members of the community to participate in active forms of transportation.
d.San Bernardino County Transportation Authority (SBCTA)

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4 SBCTA will support transportation planning in association with the TCC project and will support efforts to identify leverage funding for transportation and transit-related elements of the proposal.
e.Loma Linda University Health (LLUH)
Loma Linda University Health will conduct ongoing research associated with the impacts of our projects as it relates to the improved quality of life for the surrounding community.

They will play a key role in our transformative elements strategy as it relates to data tracking and reporting of ongoing success as it relates to the planned efforts associated with our work plan. Their research work will be an ongoing coordination effort with partners in various shared priority areas such as workforce training as it relates to job placement associated with projects generated via this funding, measurable quality of life impacts as is associated with our various sustainability related projects, the impact that our urban greening strategy has on addressing food deserts and food insecurity, as well as tracking the outcomes of the coordinated efforts between partner hospitals and non- profit healthcare providers to partner with and employ community health workers to support high utilizers of the health care services.
f.Making Hope Happen Foundation
Making Hope Happen Foundation has been an active member of various economic development and community planning efforts associated with both the target site as well as the city of San Bernardino through its numerous programs and collective impact network called Uplift San Bernardino. Their team served as the lead applicant for a successful grant from the California Accountable Communities for Health Initiative (CACHI) which funds the creation of a cross-sector, multidisciplinary collaborative stakeholder group which is composed of many of the co-applicants listed in this grant application. Their team will utilize this stakeholder group and the ongoing meetings associated with it to oversee the Community Engagement and Outreach segment of this Project. This stakeholder group also includes current residents and organizations in the neighborhood which are engaged on a monthly basis to advise the team on their wishes as it relates to the ongoing development plans for our target site. In monthly design charrettes associated with the ongoing development of the target site to date, residents stated that they were interested in new housing, recreational, health services, increasing access to healthy food choices, additional green space, and other initiatives that are needed to address the variety of socioeconomic challenges that continue to plague their community. MHHF will work in partnership with Uplift San Bernardino Data & Research Team will commission a post pandemic residential and commercial market analysis and make recommendations regarding updates/revisions to the Waterman + Baseline Specific Plan.
g.El Sol Neighborhood Educational Center
El Sol Neighborhood Educational Center (El Sol) is a community health non-profit that has served vulnerable communities in the Inland Empire, California since 1991, with an emphasis on mono-lingual Spanish speakers, immigrants, and residents with limited- english proficiency. El Sol will be responsible for deploying highly trained lay workers as community health workers (CHWs) or “promotores de salud”. El Sol Neighborhood Education Center will collaborate with other Dignity Health and other local health care providers to develop and expand services ranging from improved prenatal care,

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5 reduction in child abuse prevention, enhanced social support, strengthening referral systems, improving self-esteem, and psychological functioning. h.Neighborhood Housing Services of the Inland Empire (NHSIE) NHSIE is dedicated to creating homeownership opportunities, bridging the housing affordability gap, and building sustainable communities of choice – one person, one home, and one neighborhood at a time. NHSIE will partner with HACSB, the City and other community stakeholders in developing the Arrowhead housing project as well as assist community members in addressing issues that serve as barriers to home ownership as well as other incentives, policies, or programs that can be used to fund home improvements as well as the burdening cost of housing. i.San Bernardino County Workforce Development Agency
ADD ROLE DESCRIPTION HERE.
j.The Growing Hope Project
ADD ROLE DESCRIPTION HERE.

2.3 Proposal Overview
The proposed project area (District Three/Midtown Core) is consistent with the goals and strategies contained in the Waterman + Baseline Specific Plan (the Plan), that establishes a land use and development framework, identifies transportation and infrastructure improvements, and serves as a marketing tool for attracting developers to key sites and for boosting economic development in Central San Bernardino. The Plan reflects the hopes and dreams of residents, neighbors, local businesses, and Leadership Committee partners who participated in numerous public events, interviews and planning sessions that provided a pathway for continued investment in the neighborhoods centered around the intersection of Waterman Avenue and Baseline Street.

The proposed projects would collectively advance the inclusive redevelopment of Arrowhead Grove and integrate mixed use mixed income housing with managed care, workforce development and other vital services and resources via a planned Community Resource Center.

Other aspects of the project would include future mixed-use development, locating jobs and housing within proximity and improving the built environment in order to encourage walking or cycling.

TCC COLLABORATIVE STAKEHOLDER STRUCTURE

2.3.1 General
a. Structure. The Collaborative Stakeholder Structure (CSS) will facilitate Stakeholder participation in the implementation of the TCC Proposal and includes the Lead Applicant, Partners, Outreach & Oversight Committee, and local community stakeholders. The roles and responsibilities of each of these parties are outlined previously in Section 2.2, Co- Applicants and further detailed in Exhibit B.
b. Lead Applicant. HACSB, as the Lead Applicant, is tasked with the responsibility of implementing the Grant Agreement with the Strategic Growth Council which includes compiling and submitting all invoices and reporting documents; monitoring transformative requirements, implementing the transformative plans which include community engagement, workforce development and displacement avoidance; serving as the primary fiscal agent;

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6 ensuring a fair, transparent, accountable, and participatory implementation process; and ensuring continuation of the public participation process structure of the CSS, including public meetings, public website, channels for receiving public comment via email, phone and in person.
c.Partners. Partners shall be responsible for implementation of the transformative requirements and Project delivery, as well as evaluation and reporting for individual Projects.

I. Ensure delivery of Projects in accordance with Program Guidelines and Grant Agreement.

II. Monitoring Transformative Requirements and indicator tracking and reporting.

III. Providing Project-related information and data to the Third-Party Evaluator to identify additional indicators for tracking and monitoring based on selected Project types.
d.Outreach and Oversight Committees. The development team will build from the existing, ongoing community organizing work that is currently being done by the Making Hope Happen Foundation via their “Uplift San Bernardino” initiative. This group has several subcommittees which will serve as the “outreach” component of our community engagement efforts. The oversight committee for the TCC Grant implementation will consist of the existing stakeholder group that is working on the CACHI grant, which was awarded to the Making Hope Happen Foundation in late May 2023. The CACHI stakeholder group already includes the partners that are co-applicants for this TCC Grant, While the Uplift San Bernardino subcommittees will serve as an advisory committee that shall be a resource for community collaboration and feedback, the CACHI grant advisory committee will provide overall guidance on implementation of the chosen strategies and the transformative plans, and material changes to the Projects including major budget or programmatic changes.

I. The community outreach efforts will be overseen by the Uplift San Bernardino subcommittees while the project oversight will be done by the CACHI grant advisory committee. The CACHI Grant advisory committee is currently composed of representatives from Loma Linda University, Dignity Health, the Making Hope Happen Foundation, El Sol Neighborhood Educational Center, and the Housing Authority of San Bernardino. This stakeholder group represents varied and diverse community members from the non-profit sector, the public sector, education and the community. This team was awarded this grant on behalf of this project to ensure that it meets the needs of the community from a health equity and housing affordability perspective. The CACHI grant mandates community involvement in all major policy, development, and fiscal decisions, making it well suited to serve as the conduit for oversight of the transformative elements associated with the TCC grant implementation.

II. We will have a formal process in place for introducing new organizations and individuals to the CACHI grant advisory committee. This process will give priority in terms of selecting individuals that live, work, or own property in the City of San Bernardino, and preferably near the Arrowhead Grove Project Area as depicted in Exhibit A. Preference will also be given to organizations or individuals that actively participated in the creation of the Waterman + Baseline Specific Plan.

Members will be required to disclose any financial interests in Projects or Partner agencies through a conflict of interest disclosure substantially similar to the form set forth in Exhibit C. Member vacancies will be filled through nominations

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7 submitted to the Making Hope Happen Foundation and the Housing Authority of San Bernardino via a publicly advertised process including but not limited to posting on the Uplift San Bernardino website, flyers at community events and through communications efforts by the Uplift San Bernardino subcommittees and CACHI grant advisory committee. Nominations will be reviewed by representatives from these committees including community stakeholders and locally active nonprofits to ensure that community area residents, community- based groups, religious institutions, advocates, business owners, and community development corporations are all well represented on the advisory committee.

Nominations will be voted on by existing members based on a majority vote.

III. Members will serve a two-year term but are eligible for reelection in accordance with the nomination and appointment process.

2.3.2 COMMUNITY OUTREACH. HACSB will delegate responsibility for leading community outreach activities to the Making Hope Happen Foundation, which shall be responsible for organizing all committee meetings in coordination with the various committee members and Partners and according to the Community Engagement Plan of the Arrowhead Grove Inclusive Redevelopment project.

Communications
a. The Making Hope Happen Foundation shall maintain a publicly accessible website with regular updates and information about both the overall grant program and all individual projects. The website shall include a section which provides the public with the opportunity to submit feedback or request information through an online contact form. All requests received by the Making Hope Happen Foundation via the website online contact form will be responded to within 48 hours.
b. The Making Hope Happen Foundation shall maintain a dedicated phone number and email address. All requests received via the phone number and email address will be responded to within 48 hours.
c. The Making Hope Happen Foundation will establish a list of media outlets and contacts, and public places in consultation with the Outreach & Oversight Committee for distribution of materials and information for the public.

Meetings
a. Outreach & Oversight Committee Meetings: Both the Outreach and the Oversight Committee meetings will have a meeting schedule that includes open sessions on a quarterly basis that will be open to the public, held in ADA accessible locations in the project area and at times which are convenient to the public. Members of both committees and partners will facilitate and are required to attend all quarterly meetings. The Quarterly meetings are a forum for community members and Stakeholders to receive verbal and written progress reports on implementation, project updates, and discuss questions, concerns, suggestions, and comments about the TCC program.
b. Input from community members received in writing at the Quarterly meeting will be evaluated through the Outreach & Oversight Committee and reported back via the monthly newsletter and publicly accessible website.

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8 c. The Making Hope Happen Foundation shall post agendas and meeting information on its publicly accessible website at least seventy-two hours before the convening of any public meeting and provide paper copies for attendees.
d. Meeting minutes for quarterly meetings shall be made accessible for public review within 10 business days of meeting date.
i.Videos of each quarterly meeting shall be recorded and posted on the publicly accessible website within 10 business days of meeting date.
ii.Sign-in sheets will be created for all quarterly meetings and made accessible for public review within 10 business days of meeting date.
iii.Services of an interpreter and additional accommodations such as assistive listening devices can be made available for public meetings. Requests for accommodations should be made more than five working days but no later than 48 hours prior to the scheduled meeting/event by contacting the Making Hope Happen Foundation.

2.3.3 DECISION-MAKING PROCESS AND PROCESS FOR INVOLVING COMMUNITY

REPRESENTATIVES IN DECISION MAKING
The Uplift San Bernardino subcommittee groups as well as the CACHI grant oversight committee shall collaborate and facilitate community input, including specified community groups during the administration of the Grant Program. The community shall have a permanent and ongoing opportunity to provide feedback to the development team via these dual committee structures. These committees will provide overall guidance on implementation and the transformative plans but specifically on material changes to the Projects including material budget or programmatic changes. The Lead Applicant and all impacted Partners will consider in good faith the recommendations from these committees. It is the goal, but not a requirement, of the process to have many recommendations or advisory statements to be supported by the majority of the committee members.

2.3.4 ADHERENCE TO REQUIREMENTS
Changes, additions, alterations and all other material changes to the Collaborative Stakeholder Structure, Waterman + Baseline Project, and TCC Funding activities will be processed in accordance with the terms of the TCC Program Guidelines and Master Grant Agreement.

2.3.5 DISPUTE RESOLUTION
Disputes which arise out of the implementation of the projects will be facilitated by the Lead Applicant in consultation with the Outreach & Oversight Committees. Any material changes resulting from the disputes will be processed in accordance with TCC Program Guidelines and Master Grant Agreement.

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9 2.3.6 NONDISCRIMINATION. To the extent required by controlling federal, state and local law, the Lead Applicant, Partners, and Outreach & Oversight Committees (Parties) shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.

Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows:
a.The Parties will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b.The Parties will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Parties shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Parties’ employment practices including, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Parties agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.

3. Legal and Financial Considerations
The HACSB will maintain legal, fiscal and fiduciary responsibilities, including managing grant funds in accordance with SGC regulations, policies and guidelines. The HACSB is responsible for the development and submission of all reports to TCC Program staff and additional funding agencies, bookkeeping, accounting, and grant compliance services.

3.1 Legal Relationship

3.1.1 TERM; TIME OF COMPLETION
The Parties shall commence work under this Agreement upon the Effective Date or such later time this Agreement is executed by all Parties, and this Agreement shall continue in full force and effect until completion of the services hereunder, which shall be no later than December 31st, 2029, unless for any reason funds appropriated for the provision of these services are no longer available, or until such time as terminated per the terms of this Agreement.

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10 3.1.2 NO CONFLICTS
The Parties acknowledge that the other Parties to this Agreement have other business and personal interests, separate and apart from the services contemplated by this Agreement, and nothing in this Agreement is intended to preclude any Party from devoting time and attention to such business and personal interests. Each Party further acknowledges that the other Parties to this Agreement have the right to accept other engagements as long as said engagements do not represent a conflict of interest with respect to the services or the obligations of each Party to the other Parties pursuant to this Agreement. In connection with each Party’s performance of the services hereunder, each Party represents that there exists no actual, potential or appearance of conflict arising out of that Party’s business and financial interests.

3.1.3 LIMIT OF ENGAGEMENT
This Agreement does not and shall not be construed to create any partnership or agency whatsoever. No Party shall be deemed to be a partner, joint venture, agent or legal representative of any other Party to this Agreement for any purpose, nor shall any Party have any authority or power to act for, or to undertake any obligation or responsibility on behalf of, any other Party or corporations affiliated with such other Parties, other than as expressly herein provided. The Parties enter into this Agreement on an independent contractor basis and no Party shall be deemed to be an employee of any other Party.

Any additional personnel performing services under this Agreement on behalf of a Party shall not be employees of any other Party to this Agreement and shall at all times be under that Party’s exclusive direction and control.

3.1.4 RIGHTS AND REMEDIES FOR DEFAULT.

In the event any work product delivered or services provided by any Party in the performance of the services under this Agreement should fail to conform to the requirements herein (“default”), HACSB may reject the same, and it shall become the duty of such Party providing the service to correct the performance of services, without expense to HACSB, and immediately replace all such rejected work product with others conforming to the Agreement. In such an event, HACSB may terminate this Agreement against any Party in default if, following twenty (20) day prior written notice to cure such non-conformance, the Party receiving such notice fails to fully and adequately correct such non-conformance. Following such cure period, the defaulting party shall be in breach of this Agreement.
a. In the event of the termination of the Agreement, either in whole or in part, by reason of default or breach by a Party, any loss or damage sustained by HACSB in procuring any work product or services which such Party agreed to provide shall be borne and paid for by such Party.
c. HACSB reserves the right to offset the reasonable cost of all damages caused to HACSB against any outstanding invoices or amounts owed to such Party or to make a claim against such Party therefore.

3.1.5 TERMINATION
In addition to the rights of HACSB to terminate this Agreement pursuant to Section 3.1.4 above, HACSB may terminate this Agreement as to any Party if such Party should file a bankruptcy petition and/or be adjudged a bankrupt, or if such Party should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency. HACSB may serve written notice upon such Party of its intention to terminate the Agreement. The notice shall contain the reasons for such intention to terminate the

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11 Agreement and, unless within ten (10) days after serving such notice such violation shall cease and satisfactory arrangements for correction thereof be made, upon the expiration of the ten (10) days the Agreement shall cease and terminate. In the event of any such termination, HACSB shall serve written notice of termination upon such Party.

3.1.6 MUTUAL INDEMNITY
No Party, including its officers, employees, contractors or agents (collectively, “Indemnitees”), shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of any other Party to this Agreement under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of such other Party. It is also understood and agreed that each Party shall fully indemnify, defend and hold the Indemnitees harmless from any liability imposed for injury or damages occurring by reason of any acts or omissions on the part of such Party under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of that Party under this Agreement.

3.1.7 NO WAIVER
No waiver by the parties hereto of any default or breach of any term, condition or covenant of this Agreement shall be deemed to be a waiver of any subsequent default or breach of the same or any other term, condition or covenant contained herein.

3.1.8 MODIFICATION
This written Agreement may not be later modified except by a further writing signed by the Parties and no term of this Agreement may be waived, except by writing signed by the party waiving the benefit of such term. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.

3.2 Financial Relationship

3.2.1 BOOKS OF ACCOUNT AND RECORD
Each Party shall maintain full and complete books and records with all receipts and expenditures resulting from the services under this Agreement. Such books of account and records shall be the property of HACSB and shall at all times during regular business hours be open to the inspection by HACSB or any of its duly authorized agents at each Party’s office. Each Party shall furnish to HACSB monthly: an operating report, cash flow report, and general ledger and disbursement register on a cash basis related to the grant compliance services; such statements to be furnished on or before the 15th day of each calendar month for the preceding calendar month.

The HACSB and each Co-Applicant shall have equal standing and collective accountability for implementing grant program requirements within the Collaborative Stakeholder Structure. The HACSB does not assume liability for any third-party claims for damages arising out of this Agreement and each Co-Applicant does not assume liability to SGC for damages arising out of this Agreement.

4. Equal Opportunity
The HACSB and Co-Applicants are committed to equal employment opportunity and to ensuring that all employees have a work environment that is free of conduct that could be considered discriminatory or harassing based on an employee’s protected status. The HACSB and Co- Applicants will not allow anyone, including any supervisor, co-worker, vendor, client, or

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12 customer, to unlawfully harass or discriminate against employees or applicants for employment.

The HACSB will take prompt and effective remedial action upon discovery of such conduct.

5. Miscellaneous Provisions
This Agreement may be revised during Post-Award Consultation or upon written agreement of the parties to comply with all administrative, statutory, and TCC Program requirements. This Agreement creates no right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity. The parties shall manage their respective resources and activities in a separate, coordinated, and mutually beneficial manner to meet the purposes of this Agreement.

IN WITNESS, WHEREOF, the parties hereto have executed this Agreement on July __, 2023.

Lead Applicant

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13 Housing Authority of the County of San Bernardino, Maria Razo, Executive Director Co-Applicant 1
City of San Bernardino, Charles McNeely, City Manager
Co-Applicant 2
County Workforce Development Agency,
Co-Applicant 3
The Growing Hope Project,
Co-Applicant 4
Dignity Health, name of authorized signatory and their role in the co-applicant's organization.] Co-Applicant 5
Making Hope Happen Foundation, Niki Dettman, President/CEO Co-Applicant 6
Neighborhood Housing Services of the Inland Empire, Kailin Scott, Executive Director Co-Applicant 7
El Sol Neighborhood Educational Center, name of authorized signatory and their role Co-Applicant 8

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14 Attachments:

Exhibit A: PROJECT AREA
Exhibit B: LIST OF PARTNERS
Exhibit C DISCLOSURE and ACKNOWLEDGEMENT – CONFLICT OF

INTEREST FORM

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15 Exhibit A
Project Area

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16 EXHIBIT B

LIST OF PARTNERS
Project # Project Name Agency
1 Arrowhead Mixed Use/Mixed Income Residential Project HACSB 2 Community Resource Center HACSB
3 Energy savings and GHG reductions in Midtown/District 3 4 Solar Renewable Energy Projects at Arrowhead and Community Resource Center HACSB 5 Support local farmers and healthy eating by allowing farm stand/marketsDignity Health/ LLUH 6 Identify sites for community gardens and pocket parks Making Hope Happen 7 Explore the possibility of opening the parking lot at Waterman Discount Mall for farmer’s markets, etc.

Property Owner / City of San
Bernardino
8 Community based activities in large parking areas by Stater Brothers and the Discount Mall will be encouraged.
9 Establish community branding and implement place-making initiatives 10 Partner with local organizations to create mobile services such as libraries to serve students and residents
Making Hope Happen
11 Provide key infrastructure to facilitate bicycles and walking as a safe form of transportCity of San Bernardino 12 Develop joint use recreational facilities for students and residents City of San Bernardino / SBCUSD
13 Allow for temporary retail facilities to encourage resident entrepreneurship and activate empty parking lots
City of San Bernardino
14 Design a public gathering space to host community events HACSB 15 Create a linear park to connect Midtown District to all adjacent districts City of San Bernardino 16 Improvements to support pedestrian safety such as restriping crosswalks, planting street trees, and new or additional lighting and crosswalks City of San Bernardino 17 Improve passenger amenities, digital information, level and/or frequency of fixed route services
Omnitrans
18 Update commercial and residential market analysis post pandemic Making Hope Happen Foundation
19 Create a Development Incentive Program City of San Bernardino 20 Address health, safety, and accessibility issues and enhance neighborhood curb appeal
NHSIE
21 Improve trash collection, cleanup of illegal dumping and graffiti abatementCity of San Bernardino 22 Workforce development/job training in renewable energy, healthcare, and transportation
El Sol Neighborhood
Educational Center/
Making Hope Happen
Foundation/Loma Linda
University Health
Commented [1]: Should this item include other
transportation partners

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17 EXHIBIT C
DISCLOSURE AND ACKNOWLEDGEMENT – CONFLICT OF INTEREST

ARROWHEAD GROVE INCLUSIVE REDEVELOPMENT PROJECT

OUTREACH & OVERSIGHT COMMITTEE MEMBER

YES* NO
1 Are you currently in litigation with the City of San Bernardino or any of its agents?

2 Do you represent any firm, organization or person who is in litigation with the City of San Bernardino?

3 Do you currently represent or perform work for any clients who do business with the City of San Bernardino?

4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of San Bernardino, or in a business which is in litigation with the City of San Bernardino?

5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of San Bernardino employee who has any significant role in the subject matter of this service?

6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?

* If the answer to any question is yes, please explain in full below.

Signature
_
(name) date

(address) (city, state, zip code
Additional page(s) attached.

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18 Acknowledgement
The Housing Authority of San Bernardino County conforms to the Political Reform Act’s standards in determining whether a public official has a financial conflict of interest that is reasonably foreseeable and material. In the event of a conflict of interest, public officials will typically need to disqualify themselves from the decision. There are five types of financial interests as set forth below.

• Business Entity: A Member has a financial interest in a business entity where the Member, his spouse, or dependent children have invested $2,000 or more. A Member also has a financial interest in a business entity for which the Member is a director, officer, partner, trustee, employee, or holds any position of management.

• Real Property: A Member has a financial interest in real property in which the Member, his spouse, dependent children, or an agent has invested $2,000 or more. This may also include certain leasehold interests of terms more than a month. Conflict of interest rules regarding real property are broken into two categories:
o Property within 500 feet of decision: A Member may not participate in the decision unless they have received written advice from the FPPC that the decision will have no measurable impact on the value of the Member’s property. o Property outside 500 feet of decision: A Member must consider whether the decision “would cause a reasonably prudent person, using due care and consideration under the circumstances, to believe that the governmental decision was of such a nature that its reasonably foreseeable effect would influence the market value of the Member’s property.”

• Sources of Income: A Member has a financial interest in anyone, whether an individual or an organization, from whom the Member has received (or been promised) $500 or more income within 12 months prior to the decision. A “source of income” includes a community interest in the spouse’s income.

• Gifts: A Member has a financial interest in anyone, whether an individual or an organization, who has given gifts to the Member that total $470 or more within 12 months prior to the decision. A “gift” is defined as any payment or other benefit that confers a personal benefit for which a public Member does not provide payment or services of equal or greater value. A gift includes a rebate or discount on the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public.

• Personal Finances: A Member has a financial interest in decisions that affect the Member’s personal expenses, income, assets, or liabilities, as well as those of the Member’s immediate family.

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19 I acknowledge that I have read and understand the above relating to typical financial interest in regard to a project, activity, entity, relationship or any other Transformative Climate Communities (TCC) program grant funded component.

Do you have a financial conflict of interest? Circle one.

Yes No
If you answered yes, please explain in full below.

Signature Date

Name

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Marr Christian, Code Enforcement Division Manager
Department: Community, Housing, & Economic Development (CED) Subject: Approve the Purchase of Handheld Transceiver Radios from Motorola Solutions for Code Enforcement Officers
(All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to approve a Goods Purchasing Agreement with Motorola Solutions, Inc.; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $130,164.29 for Handheld Transceiver Radios for Code Enforcement Officers.

Background
On September 11, 2012, during the San Bernardino County Board of Supervisors’ meeting, the board took action (Attachment 2 – San Bernardino County Board of Supervisors Agenda Item 30) which standardized Motorola Solutions as the radio equipment and services to be utilized on the County’s Public Safety Communication radio system. For all radio communication, the City utilizes San Bernardino County’s Public Safety Communication system and its radio frequencies across the entire organization and must adhere to the equipment and service standard of the County.

On December 7, 2022, as part of the FY 2022/23 First Quarter Update, the Mayor and City Council approved staff’s request for $80,000 to purchase new handheld

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1 1
6 7
transceiver radios for the Code Enforcement Division. At that time, the Code Enforcement Division only needed approximately 8-10 radios.

Discussion
Communication is essential to officer safety. As the Code Enforcement Division grows in number and their responsibilities become more dynamic, the need to maintain reliable and effective communication with field staff is growing.

Code Enforcement was in the process of obtaining a quote to purchase 8-10 new radios when the Division was informed that all the radio communication equipment (handheld radio transceivers) currently being used by Code Enforcement Officers have been requested to be returned to the Police Department by the end of Fiscal Year 22/23. The Police Department had loaned the equipment to Code Enforcement, but now requires the radios for their own department needs. Code Enforcement needs 20 new radios and has submitted a new quote for purchase (Attachment 1).

The original $80,000 that was approved by Mayor and City Council during the FY 22/23 Quarter 1 update was to purchase 8-10 handheld radio transceivers. With the Code Enforcement Division returning their current radio equipment to the Police Department, the Division now needs a total of 20 handheld radio transceivers. Because the radios are a top priority for Code Enforcement, the division has reallocated funds within its existing budget to cover the additional cost of the equipment.

To ensure that the equipment functions appropriately and communications are open between the Police, Code Enforcement, and the County, if necessary, staff recommends adhering to the County’s standards, which requires working directly with Motorola Solutions, Inc., the manufacturer of the requested equipment, and the standard for San Bernardino County, and the only radio equipment allowed and usable on its system. A single source justification form is attached (Attachment 3) and was approved by the Purchasing Division. Motorola Solutions was identified as a single source vendor because of San Bernardino County’s requirements.

Please note that the use of the County’s Safety Communication Network is a negotiated monthly service that is separate from this purchase.

The table below shows the available funding.

Code Enforcement available budget $51,000.00
FY 22/23 Quarter 1 approved appropriation $80,000.00
Total Available: $131,000.00
Motorola Solutions, Inc. Quote $130,164.29
2021-2025 Strategic Targets and Goals

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The request for a purchase order with Motorola Solutions aligns with Strategic Target No. 2: Focused, Aligned Leadership and Unified Community. Specifically, Goal 2b:

Evaluate operations and performance, investment in technology, and tools to continually improve organizational efficiency and effectives. Purchasing new communications equipment will improve communication between staff, organizational efficiency, effectiveness, and keep compatibility with San Bernardino County’s Safety Communication System.

Fiscal Impact
There is no fiscal impact associated with this action. Sufficient funds exist within the Code Enforcement budget to purchase the requested radio equipment.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to approve a Goods Purchasing Agreement with Motorola Solutions, Inc.; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $130,164.29 for Handheld Transceiver Radios for Code Enforcement Officers.

Attachments
Attachment 1 Goods Purchasing Agreement with Motorola Services, Inc.

Attachment 2 09/11/2012 San Bernardino County Board of Supervisors Regular Meeting (Agenda # 30)
Attachment 3 Purchasing Approved SSJ Motorola Solutions, Inc.

Ward: All Wards
Synopsis of Previous Council Actions:

December 7, 2022 Mayor and City Council approved the purchase of 8-10 Motorola Handheld Transceiver Radios for $80,000.

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-1-

CITY OF SAN BERNARDINO

PIGGYBACK AGREEMENT FOR

PURCHASE OF RADIO EQUIPMENT

This Piggyback Agreement for Purchase of Radio Equipment (“Agreement”) is entered into as of the 21st day of June, 2023 by and between the City of San Bernardino, a charter city and municipal (“City”) and Motorola Solutions, Inc., a Delaware Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement

RECITALS

WHEREAS, the City of San Diego, acting as the agent for various other public agencies has solicited proposals for radio communications equipment and conducted discussions with the Contractor concerning its proposal and, where applicable, in accordance with the competitive procurement procedures of the City of San Diego; and

WHEREAS, on December 17, 2021, the City of San Diego and Contractor entered into that certain contract, Contract Resulting From Request For Proposal Number 10089713-21-K, Radio Communication, Emergency Response And Mobile Interoperability Equipment And Supporting Services, dated December 17, 2021, Contract No. C1837, (the “CSD Contract”); and

WHEREAS, Article V, “Contract Documents”, Section 5.5, “Public Agencies” of the CSD Contract allows other public agencies, as defined by California Government Code Section 6500, to use the terms of the CSD Contract to purchase communications and related equipment and services from Contractor pursuant to certain terms contained therein; and

WHEREAS, pursuant to the City’s purchasing ordinance, the City is authorized to utilize cooperative bidding/piggyback contracting to utilize contracts awarded by other public agencies when it is in the City’s best interest to do so; and

WHEREAS, the City desires to piggyback on the CSD Contract entered into between the City of San Diego and Contractor and procure radio equipment on the same terms and conditions set forth therein pursuant to this Agreement.

NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Recitals. The foregoing recitals are true and correct and are a part of this Agreement.

2. Exhibits. The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between the exhibits will be resolved in their listed order.

Exhibit A City of San Diego Contract No. C1837, dated December 17, 2021 Note: The contract in Exhibit A between Motorola and City of San Diego is a result of Request for Proposal (RFP) No. 10089713-21-K, Radio Communication, Emergency Response and Mobile Interoperability Equipment and Supporting Services.

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Exhibit B Motorola Quote-2017418

3. Definitions. All definitions contained in the CSD Contract shall apply herein.

4. Scope of Work . Contractor will provide, install (if applicable) and test the radio communication equipment, and perform its other contractual responsibilities to provide the Solution, all in accordance with this Agreement, Exhibit “A” - City of San Diego Contract No.

C1837, and Exhibit B - Motorola Quote-2017418. City will perform its contractual responsibilities in accordance with this Agreement

5. Contract Price. The Contract Price in U.S. Dollars is described in Exhibit B - Motorola Quote-2017418.

6. General.

6.1 Terms and Conditions of the CSD Contract. All other terms and conditions of the CSD Contract remain in full force and effect.

6.2 Entire Agreement. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and shall have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing, or by electronic signature, including by email. An electronic signature, or a facsimile copy or computer image, such as a PDF or tiff image, of a signature, shall be treated as and shall have the same effect as an original signature. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any City purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document.

7. Authority to Execute Contract. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute contracts for such party.

8. Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Motorola Solutions, Inc.

Attn: Will Golden
10680 Treena St. Suite #200
San Diego, CA 92131
Phone: 909-809-6778
Email: [email protected]

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City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR AGREEMENT FOR THE

CITY OF SAN BERNARDINO

PIGGYBACK AGREEMENT FOR

PURCHASE OF RADIO EQUIPMENT

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.

CITY OF SAN BERNARDINO

Approved By:

Charles E. McNeely
Interim City Manager

Attested By:

Genoveva Rocha, CMC
City Clerk

Approved As To Form:

Best Best & Krieger LLP
City Attorney
MOTOROLA SOLUTIONS, INC.

Approved By:

Signature

Name

Title

Attested By:

Signature

Name

Title

Lauren Kirkland
Area Sales Manager

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EXHIBIT “A”
CITY OF SAN DIEGO CONTRACT NO. C1837,
DATED DECEMBER 17, 2021

[ATTACHED]

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-6-
EXHIBIT “B”
MOTOROLA QUOTE-2017418

[ATTACHED]

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Billing Address:

SAN BERNARDINO, CITY OF
201-B E ST
SAN BERNARDINO, CA 92401
US

Quote Date:03/14/2023
Expiration Date:05/15/2023
Quote Created By:

Lauren Kirkland
Lauren.Kirkland@
motorolasolutions.com
619-405-7100
End Customer:

SAN BERNARDINO, CITY OF

Line #

Item Number

Description

Qty

List Price

Sale Price

Ext. Sale Price

APX™ 6000 Series

APX6000

1 H98UCH9PW7BN

APX6000 700/800 MODEL 3.5

PORTABLE

20 $4,104.00

$2,995.92

$59,918.40

G996AU

ADD: PROGRAMMING OVER
P25 (OTAP)

20 $110.00

$80.30

$1,606.00

QA05570AA

ALT: LI-ION IMPRES 2 IP68
3400 MAH

20 $115.50

$84.32

$1,686.40

Q361AR

ADD: P25 9600 BAUD

TRUNKING

20 $330.00

$240.90

$4,818.00

Q498AY

ENH: ASTRO 25 OTAR W/

MULTIKEY

20 $814.00

$594.22

$11,884.40

H38BT

ADD: SMARTZONE

OPERATION

20 $1,320.00

$963.60

$19,272.00

Q806BM

ADD: ASTRO DIGITAL CAI

OPERATION

20 $567.00

$413.91

$8,278.20

Q629AK

ENH: AES ENCRYPTION AND
ADP

20 $523.00

$381.79

$7,635.80

QA05100AA

ENH: STD 1 YR WARRANTY

APPLIES NO SFS

20 $0.00

$0.00

2 NNTN8860A

CHARGER, SINGLE-UNIT,
IMPRES 2, 3A, 115VAC, US/NA

20 $169.56

$123.78

$2,475.60

QUOTE-2017418

Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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Mayor and City CouncilJuly 19, 2023

Mayor and City Council
July 19, 2023