3 2
2 6
RESOLUTION NO. 2023-144
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA: 1.
APPROVING AND AUTHORIZING THE AGENCY
DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND
THE CITY OF SAN BERNARDINO’S FY 2023/24
OPERATING BUDGET TOTALING $5,705,188 WITH
$3,435,188 IN GENERAL FUND STRATEGIC RESERVE
APPROPRIATIONS, $1,700,000 IN GENERAL FUND
CAPITAL CONTINGENCY RESERVE APPROPRIATIONS,
AND $570,000 IN CULTURAL DEVELOPMENT FUND
APPROPRIATIONS; 2. APPROVING THE CREATION OF
THE ECONOMIC DEVELOPMENT DEPARTMENT; AND 3.
DIRECTING STAFF TO PREPARE AND BRING BACK A
REVISED CITY SALARY SCHEDULE TO INCLUDE ANY
NEW POSITIONS THAT ARE BUDGETED
WHEREAS, a Mayor and City Council Retreat Workshop was held from May 11, 2023 through May 13, 2023, to set goals, definitions, and priorities for the City of San Bernardino; WHEREAS, a special meeting was held on June 30, 2023, to address the Mayor and City Council’s priorities that were agreed upon in the Mayor and City Council Retreat Workshop to present the City’s Strategic Initiatives;
WHEREAS, staff was directed to return to the Mayor and City Council, following the June 30 th, 2023 special meeting, with a list of vacancies and associated budget to assess the possibility of repurposing the allocated budget from vacant positions to the proposed strategic initiatives; and
WHEREAS, staff has conducted an analysis of the City of San Bernardino’s recruitment and retention rates, organizational and staffing structure, growth over time, and overall competitive workforce philosophy in comparison to surrounding agencies of comparable scope.
WHEREAS Section 501 of the City Charter allows the City manager to establish City departments, offices, or agencies in addition to those created by the Charter, subject to approval of the City Council.
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. That the Mayor and City Council approve the amendment of $5,705,188 to the FY 2023/24 Operating Budget, of which: $3,435,188 totals the appropriations from the General Fund Strategic Initiative Reserve Fund Balance, $1,700,000 totals the appropriations from the
Packet Pg.
668
Resolution No. 2023-144
Resolution No. 2023-144
September 6, 2023
3 2
2 6
General Fund Capital Contingency Reserve Fund Balance, and $570,000 totals the appropriations from the Cultural Development Fund Balance.
SECTION 3. Approving the creation of the Economic Development Department.
SECTION 4. The Agency Director of Administrative Services, or designee, is hereby authorized to amend the FY 2023/24 Operating Budget in the total amount of $5,705,188.
SECTION 5.Staff is directed to prepare and bring back a revised City salary schedule to include any new positions that are budgeted.
SECTION 6.Staff is directed to prioritize available funding for the proposed workshop strategic initiatives for future years as part of the FY 2024/25 & FY 2025/26 Biennial Budget development process.
SECTION 7.That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 8.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 9. 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 6th day of September 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.
669
Resolution No. 2023-144
Resolution No. 2023-144
September 6, 2023
3 2
2 6
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. 2023-144, adopted at a regular meeting held on the 6 th day of September 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
Packet Pg.
670
Budgeted Positions in FY 2023/24 Total Approved
Positions Filled Vacant
ACCOUNTANT II 2 - 2 ACCOUNTANT II - PAYROLL 1 1 - ACCOUNTING DIVISION MANAGER (U) 1 - 1 ACCOUNTING TECHNICIAN I (FLEX) 4 3 1 ACCOUNTING TECHNICIAN II 5 5 - ACCOUNTING TECHNICIAN III 1 1 - ADMINISTRATIVE ASSISTANT 8 7 1 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 1 1 - ADMINISTRATIVE SERVICES SUPERVISOR 2 2 - ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 1 1 - AGCY DIR OF COMM, HSNG & ECON DEV U 1 1 - AGCY DIR OF PUBLIC WRKS, OPS&MAIN(U) 1 1 - AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U) 1 1 - ANIMAL CONTROL OFFICER I (FLEX) 3 3 - ANIMAL CONTROL OFFICER II 3 2 1 ANIMAL SERVICES MANAGER 1 - 1 ANIMAL SERVICES REPRESENTATIVE 2 1 1 ANIMAL SERVICES SUPERVISOR 3 2 1 ANIMAL SHELTER ATTENDANT 12 10 2 ARBORIST 1 1 - ASSESSMENT DISTRICT/REAL PROP SPECIALIST 1 1 - ASSISTANT BUILDING OFFICIAL (U) 1 - 1 ASSISTANT CHIEF OF POLICE 1 1 - ASSISTANT CITY MANAGER (U) 1 1 - ASSISTANT PLANNER (FLEX) 2 2 - ASSOCIATE PLANNER 3 2 1 BUDGET DIVISION MANAGER (U) 1 1 - BUILDING INSPECTOR I (FLEX) 2 1 1 BUILDING OFFICIAL (U) 1 1 - BUSINESS REGISTRATION INSPECTOR 6 6 - BUSINESS REGISTRATION MANAGER 1 1 - BUSINESS REGISTRATION REPRESENTATIVE I 2 1 1 BUYER 2 2 - CDBG/HOUSING PR0GRAM ASSISTANT 1 - 1 CEMETERY CARETAKER 1 - 1 CHIEF DEPUTY CITY CLERK (U) 1 1 - CHIEF OF POLICE 1 1 - CITY CLERK (U) 1 1 - CIVIL ENGINEERING DIVISION MANAGER (U) 1 1 - CODE ENFORCEMENT DIVISION MANAGER (U) 1 1 - CODE ENFORCEMENT OFFICER I (FLEX) 8 8 - CODE ENFORCEMENT OFFICER II 10 8 2 COMMON COUNCIL 7 7 - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 1 - 1 COMMUNITY DEVELOPMENT TECHNICIAN 4 3 1 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 1 - 1 COMMUNITY RECREATION MANAGER 3 3 - COMMUNITY RECREATION PROGRAM SUPERVISOR 4 4 - COMMUNITY SERVICES OFFICER 38 33 5 COMMUNITY SERVICES PROGRAM COORDINATOR 15 14 1 CONSTRUCTION MANAGER 1 1 - COUNCIL ADMINISTRATIVE SUPERVISOR (U) 1 1 - CRIME ANALYST 4 4 - CRIMINAL INVESTIGATION OFFICER 10 10 - CUSTODIAL SUPERVISOR 1 1 - CUSTODIAN 8 8 - CUSTOMER SERVICE REP. (BILINGUAL) 1 1 - CUSTOMER SERVICE REPRESENTATIVE 3 3 - DEPUTY CITY CLERK I (U) 2 2 - DEPUTY DIRECTOR OF FINANCE (U) 1 1 - DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 1 1 - DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 1 1 - DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 1 1 - DEPUTY DIRECTOR OF OPERATIONS (U) 1 1 - DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 1 1 - DEPUTY DIRECTOR/CITY PLANNER (U) 1 - 1 DETECTIVE/CORPORAL 44 43 1 DIRECTOR OF ANIMAL SERVICES (U) 1 1 - DIRECTOR OF HUMAN RESOURCES (U) 1 1 - DIRECTOR OF INFORMATION TECHNOLOGY (U) 1 1 - DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 1 1 - DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 1 1 - DIVERSITY, EQUITY & INCLUSION OFFICER (U) 1 - 1
Packet Pg.
671
Budgeted Positions in FY 2023/24 Total Approved
Positions Filled Vacant
ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 1 1 - ECONOMIC DEVELOPMENT PROJECT MANAGER 1 1 - ECONOMIC DEVELOPMENT SPECIALIST 1 1 - ELECTRICIAN I (FLEX) 1 1 - ENGINEERING ASSISTANT I (FLEX) 3 2 1 ENGINEERING ASSISTANT II 3 3 - ENGINEERING ASSISTANT III 1 1 - ENGINEERING ASSOCIATE 1 1 - ENGINEERING PROJECT MANAGER 1 1 - ENGINEERING TECHNICIAN 2 2 - ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 1 1 - ENVIRONMENTAL PROGRAMS COORDINATOR 1 1 - EQUIPMENT MAINTENANCE SUPERVISOR 1 1 - EQUIPMENT MECHANIC I (FLEX) 2 2 - EQUIPMENT MECHANIC II 4 3 1 EQUIPMENT SERVICE WORKER 2 1 1 EXECUTIVE ASSISTANT 3 3 - EXECUTIVE ASSISTANT (U) 1 1 - EXECUTIVE ASSISTANT TO DIRECTOR (U) 9 9 - EXECUTIVE ASSISTANT TO MAYOR (U) 1 1 - FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 1 - 1 FACILITIES MAINTENANCE MECHANIC 4 4 - FACILITIES MAINTENANCE SUPERVISOR 1 1 - FLEETS PARTS TECHNICIAN 1 1 - FOOD SERVICE SUPERVISOR 1 1 - FORENSICS SPECIALIST I (FLEX) 1 1 - FORENSICS SPECIALIST II 8 8 - FORENSICS SUPERVISOR 1 1 - FORESTRY SUPERVISOR 1 1 - GIS ADMINISTRATOR 1 1 - GRANTS ASSISTANT 1 1 - GRANTS DIVISION MANAGER (U) 1 1 - GRANTS WRITER 1 - 1 GROUNDWORKER ARBORIST 2 1 1 HOMELESS SERVICES COORDINATOR 1 1 - HOUSING COMPLIANCE SPECIALIST 1 1 - HUMAN RESOURCES ANALYST I 3 3 - HUMAN RESOURCES ANALYST II 3 1 2 HUMAN RESOURCES TECHNICIAN 1 1 - HVAC MECHANIC 1 1 - INFORMATION TECHNOLOGY ANALYST II 2 2 - INFORMATION TECHNOLOGY MANAGER 2 2 - INTERIM CITY MANAGER (U) 1 1 - LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 1 1 - LANDSCAPE & IRRIGATION INSPECTOR II 3 3 - LEAD ANIMAL CONTROL OFFICER 1 1 - LEAD BUILDING INSPECTOR 1 1 - LEAD CODE ENFORCEMENT OFFICER 2 2 - LEAD CUSTODIAN 1 1 - LEAD EQUIPMENT MECHANIC 1 1 - LEAD MAINTENANCE WORKER 6 4 2 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 1 1 - LEGAL ADMINISTRATIVE ASSISTANT (U) 1 1 - LIBRARIAN I (FLEX) 1 1 - LIBRARIAN II 1 1 - LIBRARY CIRCULATION SUPERVISOR 1 1 - LIBRARY DIRECTOR (U) 1 1 - LIBRARY NETWORK ADMINISTRATOR 1 1 - LIBRARY NETWORK TECHNICIAN 1 1 - LIBRARY PROGRAM COORDINATOR 1 1 - LIBRARY TECHNICIAN I (FLEX) 3 3 - LIBRARY TECHNICIAN II 5 4 1 LIEUTENANT 12 12 - LITERACY PROGRAM COORDINATOR 1 1 - MAINTENANCE SUPERVISOR 3 2 1 MAINTENANCE WORKER I (FLEX) 26 18 8 MAINTENANCE WORKER II 3 2 1 MAINTENANCE WORKER III 6 2 4 MANAGEMENT ANALYST I (FLEX) 8 6 2 MANAGEMENT ANALYST I FLEX (U) 2 2 - MANAGEMENT ANALYST II (U) 1 1 - MARKETING & MEDIA SPECIALIST 1 - 1 MARKETING & PUBLIC RELATIONS SPECIALIST 1 1 -
Packet Pg.
672
Budgeted Positions in FY 2023/24 Total Approved
Positions Filled Vacant
MAYOR 1 1 - NEIGHBORHOOD & CUSTOMER SVCS MGR (U) 1 1 - NETWORK SYSTEMS ADMINISTRATOR 1 - 1 NPDES INSPECTOR I (FLEX) 2 1 1 NPDES MANAGER 1 1 - OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 1 - 1 PARKING ENFORCEMENT OFFICER 7 4 3 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 1 1 - PARKS MAINTENANCE WORKER II 2 2 - PAYROLL SUPERVISOR 1 1 - PAYROLL TECHNICIAN 1 - 1 PERMIT SERVICES SUPERVISOR 1 1 - PLANNING AIDE 1 1 - PLANS EXAMINER I (FLEX) 1 - 1 PLANS EXAMINER II 1 - 1 PLUMBER 1 1 - POLICE CAPTAIN (U) 3 3 - POLICE DISPATCH SUPERVISOR 4 4 - POLICE DISPATCHER I (FLEX) 10 10 - POLICE DISPATCHER II 16 12 4 POLICE FLEET MAINTENANCE EXPEDITOR 1 1 - POLICE OFFICER 193 158 35 POLICE P&T TECHNICIAN 2 2 - POLICE RECORDS SUPERVISOR 2 2 - POLICE RECORDS TECHNICIAN I (FLEX) 8 8 - POLICE RECORDS TECHNICIAN II 11 10 1 POOL MAINTENANCE COORDINATOR 1 1 - PRINCIPAL CIVIL ENGINEER 1 - 1 PRINCIPAL PLANNER (U) 1 - 1 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 1 - 1 PROPERTY & EVIDENCE SUPERVISOR 1 1 - PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 1 1 - PROPERTY AND EVIDENCE TECHNICIAN II 1 1 - PUBLIC INFORMATION OFFICER (U) 1 1 - PUBLIC WORKS INSPECTOR I (FLEX) 1 1 - PUBLIC WORKS INSPECTOR II 3 3 - PUBLIC WORKS SAFETY AND TRAINING OFFICER 1 1 - PURCHASING DIVISION MANAGER (U) 1 1 - REAL PROPERTY MANAGER 2 2 - RECORDS MANAGEMENT SPECIALIST (U) 2 1 1 REGISTERED VETERINARY TECHNICIAN 1 1 - SENIOR ANIMAL SERVICES REP. 6 6 - SENIOR ARBORIST 1 1 - SENIOR CUSTOMER SERVICE REP. (BIL) 4 4 - SENIOR CUSTOMER SERVICE REPRESENTATIVE 1 1 - SENIOR GIS ANALYST 1 1 - SENIOR HUMAN RESOURCES/RISK ANALYST 3 2 1 SENIOR INFORMATION TECHNOLOGY ANALYST 3 3 - SENIOR INFORMATION TECHNOLOGY TECHNICIAN 1 1 - SENIOR MANAGEMENT ANALYST 7 7 - SENIOR NETWORK SYSTEMS ADMINISTRATOR 1 1 - SENIOR OFFICE ASSISTANT 5 5 - SENIOR OFFICE ASSISTANT (U) 1 1 - SENIOR PLANNER 2 1 1 SERGEANT 43 43 - SHELTER VETERINARIAN 1 - 1 SOLID WASTE FIELD INSPECTOR 1 1 - STATION MANAGER 1 1 - TECHNOLOGY LIBRARIAN 1 1 - TRAFFIC ENGINEER 1 1 - TRAFFIC ENGINEERING ASSOCIATE 2 2 - TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 1 1 - TRAFFIC SIGNAL TECHNICIAN I (FLEX) 1 - 1 TRAFFIC SIGNAL TECHNICIAN II 2 1 1 TRAFFIC SIGNAL TECHNICIAN III 1 - 1 TREASURY MANAGER 1 - 1 GRAND TOTAL 826 707 119
Packet Pg.
673
Residents of San Bernardino
Mayor & City Council (8)
Water Board
SBMWD
Library BoardCity Attorney City Clerk
City Manager
SB Public Library
Boards & Commissions Assistant City
Manager
Assistant City
Manager
Management Analysts
Neighborhood Srvcs.
Performance Audits
I.E. Media Grp. (IEMG)
Legislation
Grants Management
Public Information
City Council Support
Finance &
Management
Services
Human Resources
& Risk
Community
Development &
Housing
Public Works,
Operations &
Maintenance
Parks, Recreation &
CommunityAnimal Services
Management Services
Information
Technology Economic
Development /
Special Events
Police
Proposed, August 2023
Packet Pg.
674
Quality of Life
Addressing the City’s Homeless Crisis
Presented by:
Cassandra Searcy, Deputy Director of Housing & Homelessness
Packet Pg.
675
Court Rulings & Settlements
Martin v. Boise
• In September 2018, the Federal Court ruled against Boise, Idaho for criminalizing (prosecuting) homeless people for sleeping in public places when the city lacked enough shelters.
• This Case severely restricts a city’s ability to manage or control the spread of homeless encampments.
Judge Carter Settlements
• Orange County vs Orange County Catholic Worker (Case Settled October 2018) • City of Los Angeles (Case Settled April 2022)
• County of Los Angeles (Case Settled September 2022)
Packet Pg.
676
City of San Bernardino Homeless Data
2019 2020 2022 2023
Sheltered 123 183 358 276
Unsheltered 639 823 992 1017
Transitional 128 50 120 209
Total 890 1056 1350 1502
123 183
358 276
639
823
992 1017
128 50 120 209
890
1056
1350
1502
0 200
400
600
800
1000
1200
1400
1600
2019-2023
Shelter Beds
415 Currently Active
196 Still Needed
611 Total Required
Packet Pg.
677
Current Action
Programs & Services
• Homeless Outreach Team
• Mobile Showers
• Multi-Disciplinary Team
o City Police Dept
▪ District Resource Officers
▪ COAST Team
o Code Enforcement
o Public Works
o Animal Control
Packet Pg.
678
SHERIFF’S HOPE
TEAM/INNROADS
SALVATION ARMY &
CATHOLIC CHARITIES
DRO’S/
COAST TEAM
HEALTHCARE
IN ACTION
Multi-Disciplinary Team
Packet Pg.
679
Background
Prior Council Action:
• December 7, 2022 – The Mayor and City Council allocated $24.5 million in American Rescue Plan Act (ARPA) funds towards a Homelessness Initiative with the following projects and services:
• SB HOPE Campus and Navigation Center – Development ($12.45 million) • Navigation Center Operating Costs ($4.5 million)
• Homelessness Outreach Team ($1.5 million)
• Mobile Shower & Laundry Services ($150k)
• Project Homekey Round 3:
• Lutheran Social Services ($5 million)
• San Bernardino Valley College ($900k)
Packet Pg.
680
Background
Prior Council Action:
• February 1, 2023 - The Mayor and City Council declared a Homelessness State of Emergency.
• March 15, 2023 – The Mayor and City Council approved an additional $4,299,672 of HOME-ARP funds to assist in the design, construction, and operation of the City’s future Navigation Center.
• April 26, 2023 – The Mayor and City Council approved a joint application with Lutheran Social Services for Project Homekey 3.0 grant funding for the development of a 140-bed interim housing facility and 30 semi-private emergency shelter beds. • May 3, 2023 - $1.7 million in CDBG funding allocated towards a temporary emergency shelter; approved Emergency Solutions Grants to Homelessness providers.
Packet Pg.
681
Background
Prior Council Action:
• May 17, 2023:
• Applied to Project Homekey 3.0 Grant funding for development of SB Hope Campus (Navigation Center)
• The Mayor and City Council:
• Approved a Professional Services Agreement ($1.5 million) with Hope the Mission to oversee the City's Homeless Outreach Project and to act as developer and lead operator of the Navigation Center. • Approved a one-year Mobile Shower Pilot Agreement with Community Action Partnership for $150,000.
• Reallocated $973,500 in ARPA funds from SBVC Project and ASU Relocation Assistance to provide interim housing
Packet Pg.
682
Interim Shelter
Core Components
• Up to 100 Motel Units
• Security & Housekeeping
• Case Management
• Wrap Around Supportive Services
• Meals (2 per day)
Council approval is needed to secure an
Agreement with a local motel owner &
interim shelter Lead Operator
Packet Pg.
683
Conceptual SB Hope Campus
Interim Housing, Healthcare, and Services
Packet Pg.
684
Navigation Center Location
Sixth Street
Packet Pg.
685
Recommendations
Staff will recommend at a future meeting the follow actions:
1. Approve the Professional Services Agreement with Hope the Mission to act as Lead Operator at the City’s Interim Shelter.
2. Approve the Professional Services Agreement with SB Express LLC to establish Motel Interim Shelter.
3. Approve the annual allocation of $2 million from the General Fund beginning FY 2026/27 to help sustain homeless related activities.
4. Adopt Resolution No. 2023-092 authorizing the Interim City Manager or his designee to apply for and execute grants related to addressing homelessness.
Request For Funding FY 2023/24 Future
Homeless Sustainability Commitment N/A $2,000,000
Packet Pg.
686
Questions?
Packet Pg.
687
Quality of Life
Police Department
Presented by:
Chief Goodman
Packet Pg.
688
Background
Current Challenges
• Quality of Life crime.
• Prevention of access to public locations
vital to community wellness and youth
development.
• Criminal vagrancy that threatens the
public health and safety.
• Criminal activity that gives the
appearance of disorder and an unsafe
environment.
Packet Pg.
689
Downtown Pilot Project
Ideal Downtown Qualities
• Economic driver
• Welcoming location for all community
members
• Attractive location for visitors
• Exemplify the City’s heritage and spirit
Packet Pg.
690
Pilot Project Goals
Downtown Goals
• Partner with outreach and behavioral
health workers to provide services.
• Reduce crime statistics
• Reduce the appearance of blight
• Reduce frequency of quality-of-life crimes
• Crimes that create disorder
• Crimes that reflect social decay
• Prevent re-occupation by criminal
actors
Packet Pg.
691
Downtown Strategy
Downtown Strategy
• Implement proven strategies
• Identify key areas vital to community and
youth health and development
• Identify criminal activity that
compromises public health and safety in
key areas
• Data-driven enforcement and outreach
• Assess strategy and results daily
• Adjust deployment strategy based on the
data collected
Packet Pg.
692
Focus Resources
Five District Map Downtown Restoration Plan
Packet Pg.
693
Results
STATS APRIL-JUNE
Felony
Arr. Misd. Arr. Traffic
Cites
Parking
Cites Infractions Tows Shopping
Carts
Resources
Offered
10 183 34 99 127 27 30 3
Packet Pg.
694
Long Term Strategy
Strategy of Compassion, Common Sense, and Accountability • Develop a dedicated multi-discipline Quality of Life PD Team for city-wide outreach and enforcement.
• Train officers in homeless liaison encounters.
• Identify key locations for enforcement and evaluate daily. • Apply lessons learned during the Downtown pilot program. • Partner with Outreach workers and Behavioral Health to offer services and enforce all appropriate laws.
• Partner with Public Works for clean-ups and criminal enforcement. • Enforce camping laws when daily bed capacity data becomes available. • Establish an ordinance restricting camping activity in designated sensitive areas in the City.
Packet Pg.
695
Long Term Goals
Goals
• Reduce crime and criminal vagrancy.
• Improve the community's perception of
safety and comfort in use public spaces.
• Develop and implement strategies that
make the City undesirable to criminal
activity in public spaces.
• Partner with multiple disciplines to provide
a multi-pronged approach of outreach,
crime prevention, and criminal
enforcement.
Packet Pg.
696
Department Recommendations
Staff will recommend at a future meeting the follow actions:
1. Approve a dedicated Multi-Disciplinary Team consisting of 1 Sergeant, 1 Detective, 6 Officers, 1 Community Outreach Person, and 1 Behavioral Health Person.
New Requests For Funding FY 2023/24 Future
Quality of Life PD Team - Personnel Costs N/A $1,572,486
Packet Pg.
697
Questions?
Packet Pg.
698
Quality of Life
Securing Public Spaces
Presented by:
Lydie Gutfeld, Director of Parks, Recreation and Community Services Daniel Hernandez, Agency Director of Public Works
Packet Pg.
699
After Hours Private Security
After Hours Private Security
• Community Input Driven
• Priority request from Master Plan initial data
• Special Event Security
➢ Model implemented with preparation for Festival 2022
➢ Increased security for Miracle on Court St. 21 day event ➢ Developed into the All Hands on Deck Park Maintenance plan
Packet Pg.
700
After Hours Private Security
After Hours Private Security
• Secure Parks & Eliminate Criminal Activity
• First implemented on June 1, 2023
• Current Locations:
o Seccombe Lake Park
o Pioneer Cemetery
o Meadowbrook Park/Rudy C. Hernandez
o Perris Hill Park/Senior Center/Roosevelt Bowl
o Wildwood (July 17, 2023)
o Encanto/Bobby Vega (July 24, 2023)
Packet Pg.
701
After Hours Private Security
Redwood Security After Hours
• Enforcement Hours: 8pm-6am
• Monthly Costs: $30,000
Powers & Duties
• Ability to write citations
• Provide Homeless Outreach Brochure
• Provides daily reports with photos and data
• Number of “touch points” / incidents per month
• How many declined homeless services
• How many times Police is called
• Disposition of the outcome
Packet Pg.
702
Security Services for City Properties
Request for Proposal released on June 7th for Security Services Areas of Coverage
• City Hall Campus
• 11 City Parks
• 3 Libraries
• 3 Community Centers
• California and Regal Theaters
• Other City-owned properties
Services Provided
• Roving Patrol Services
• Roving Money Pick-up and Drop-off
• Security for City Special Events
Packet Pg.
703
Park Ranger Program
Purpose
• Increases City staff presence at public parks
• Keeping Park areas safe and accessible to all
members of the public.
• Enhances neighborhoods through
additional enforcement.
• Provides additional educational
opportunities
Packet Pg.
704
Park Ranger Program
Staffing Model
• (1) Park Ranger Supervisor
• (3) Park Rangers
Park Ranger Supervisor
Park Ranger Park Ranger Park Ranger
Packet Pg.
705
Securing Public Spaces Recommendations
Staff will recommend at a future meeting the follow actions:
1. Approve a budget allocation for Private Security to provide after-hour security for parks in an amount not to exceed $180,000 (six months).
2. Direction for staff to negotiate and bring back an agreement with Redwood Security to provide after-hour security for parks.
3. A recommendation for Security Services for City Properties.
4. A recommendation for a Park Ranger Program.
New Requests For Funding FY 2023/24 Future
Private Security City-Wide $1,256,000 est. TBD
Private Security Agreement (6 months) $180,000 N/A
Park Ranger Program N/A $505,900
32 Packet Pg.
706
Questions?
Packet Pg.
707
Quality of Life
Health and Safety / Encampment Clean-ups
Presented by:
Ernesto Salinas, Deputy Director of Operations & Maintenance
Packet Pg.
708
Homeless Encampment Clean Up
Current Progress
• Transitioned to Public Works, Operations and Maintenance in Sept of 2022 from PD
• Formalized notification process for clean-ups and incorporated new process with full documentation
• Consent to discard items
• Storage requirement
• Inventory requirements
• New section established
• CRM system primary driver along with in-house staff self-reporting
Packet Pg.
709
Statistics
Daily Clean Up Locations 1,205
Camps Cleaned and Cleared 2,406
Ward 1 425
Ward 2 426
Ward 3 201
Ward 4 247
Ward 5 239
Ward 6 202
Ward 7 334
Cleanups by Ward
Perris Hill Park* 346
Meadowbrook* 176
Wall and Baseline 164
490 N. D Street / Baseline 168
Seccombe Lake Area 60
High Frequency Cleanups
Multiple camps are usually present at any one location. Camps also resurface often. *recent efforts have resulted in diminished presence of encampments.
Cleanups since Sept. 2022
Packet Pg.
710
Health & Safety
Parks Status Update
• Cleanup
• Playground at Meadowbrook
• 72 unique items at Perris Hill Park
• Hazards & Biohazards
• 18 dead trees
• Fence repairs
• Restroom Repairs and Fixture Upgrades
• Lighting Improvements
• Solar based “Intuitive Lighting”
• Lighted Bollards
after
before
before
after
Packet Pg.
711
Health & Safety
Perris Hill Park
Packet Pg.
712
Health & Safety
Meadowbrook Park
Packet Pg.
713
Health & Safety
Parks Status Update
• Additional Enhancements
• Restroom repairs and fixture upgrades
• Horseshoe Pit Area
• Made more inviting
• Added fencing
• Increased accessibility
• New Zen Area
• Sitting space for residents
• Planted 3 trees & 4 benches
• Drought tolerant concept
before
after
Packet Pg.
714
Stakeholder Collaboration
Public Agencies
• Initiated contact with San
Bernardino County and CALTRANS
• Established quarterly meetings to
discuss clean up efforts
Private Entities
• Coordinating with utility companies
and railroad companies for cleanup
on non-City Property
Packet Pg.
715
Encampment Cleanup Staffing
Supervisor 2
Lead Worker 2
Maintenance Worker I 8
Burrtec Support 5 employees
CEO Works 8-person
crew
Supervisor No Change
Lead Worker No Change
Maintenance Worker I No Change
Burrtec Support +5 employees
CEO Works + 8-person
crew
Authorized Staffing Proposed Staffing
Full staffing will allow us to move to 6-day a week operation.
Packet Pg.
716
Recommendations
Staff will recommend at a future meeting the follow actions:
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. Authorize the Agency Director of Administrative Services to amend the FY23/24 budget in the amount of $464,340 to the Public Works Operations and Maintenance Gas Tax Fund.
3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $1,014,340.
New Requests For Funding FY 2023/24 Future
Maintenance Services Agreement (CEO) ($550,000 already budgeted for FY 2023/24) $464,340 (Gas Tax Fund) $1,014,340 43 Packet Pg.
717
New Requests For Funding FY 2023/24 Future
Turf-friendly Mini Loader TBD N/A
Weed Abatement & Brush Clearing TBD TBD
Comprehensive Bio-Hazard Cleanup TBD TBD
Incentive/Special Pay TBD TBD
Recommendations
Staff will recommend at a future meeting the follow actions:
4. Recommendations for a:
a. Purchase Agreement for a Turf-friendly Mini-Loader
b. Maintenance Services Agreement for weed abatement and brush clearing c. Maintenance Services Agreement for comprehensive bio-hazard clean up
5. A recommendation regarding incentive/special pay for hazard condition work. 44 Packet Pg.
718
Questions?
Packet Pg.
719
Quality of Life
City Website Updates
Presented by:
Ashley Esquivel, Rolland Kornblau, Jeff Kraus
Packet Pg.
720
Proposed Website
Changes
• Add a Homeless Solutions link
under the Development button
• Replace “Jobs” with “Homeless
Solutions” for a direct link.
• Move “Jobs” to the top row
Packet Pg.
721
Conceptual Rendering
Packet Pg.
722
Metrics Dashboard
Packet Pg.
723
Questions?
Packet Pg.
724
Quality of Life
Discussion on Public Parks and Recreational Facilities
Presented by:
Lydie Gutfeld, Director of Parks, Recreation and Community Services
Packet Pg.
725
Introduction
Purpose
• Ensures that City parks are:
• Accessible and available to residents and the public at large • Used for their intended recreational purposes
• Maintained in a clean, sanitary, and accessible condition Limitations with Current Municipal Code
• Does not include definitions for “smoking” and sensitive use or areas • Vehicle usage regulations are too limited
• Does not regulate improper usage of fountains and splash pads • Does not include language regarding indecent exposure • Regulation regarding restrooms is outdated
Packet Pg.
726
Needed Enhancements – 12.80.020 Definitions
“Park”
• Current definition is not comprehensive
• Additional areas to include:
• Distance restrictions of entrances
• Rest Areas
• Trails
• Areas owned and maintained by the city
“Smoke” and “Smoking”
• Not currently included in Chapter 12.80
• City parks are experiencing an increase in small fires • Definition should include “Smokeless Tobacco”
Packet Pg.
727
Needed Enhancements – 12.80.130 Regulations
Opening Description
• Should include a declaration of intent
• Safe, Clean, and Green
• Hours of operation
• Should include any public spaces within 500 ft of:
• Schools
• Parks
• Playgrounds
• Public Facilities
• Other Recreational Facilities or Structures
Packet Pg.
728
Needed Enhancements – 12.80.130 Regulations
Motor Driven Model Airplane
• Current definition only includes “motor driven model
airplanes”
• Parks has received complaints about drones
• Include “drone or other motorized flying apparatus” in the definition
Motor Vehicles
• Parks has received complaints about RV parking and electric scooters
• Include language that includes:
• Appropriate usage of all vehicles
• Parking restrictions
Packet Pg.
729
Needed Enhancements – 12.80.130 Regulations
Bathing or Wading
• Current problems:
• Mechanical failure due to improper usage
• Accumulation of large puddles
• Additional maintenance and repair costs
• Language should include:
• Restrictions on washing clothes
• Usage of drinking fountains
• Usage of decorative fountains
• Usage of splash pads
Packet Pg.
730
Needed Enhancements – 12.80.130 Regulations
Boisterous and Indecent Conduct
• Current problems
• Complaints about indecent exposure
• Current language does not include nudity
• Language should include:
• Specificity about nudity
• Exemptions for young children
• Exemptions for breast feeding
Packet Pg.
731
Needed Enhancements – 12.80.130 Regulations
Regulation of Restroom Usage
• Current language is convoluted
• Needs to be updated to be gender neutral
• Needs to be separated into two sections:
o Bathroom use
o Damaging restroom areas
Packet Pg.
732
Additional Provisions
Sensitive Uses / Areas
• Allow expansion of existing rules via Resolution
o Increases the flexibility allowed in the
municipal code
o Allows Council to define Sensitive Uses or
Areas
Packet Pg.
733
Recommendations
New Requests For Funding FY 2023/24 Future
None N/A N/A
Staff will recommend at a future meeting the follow actions:
1. Additional rules to consider restrictions around sensitive uses/areas.
Packet Pg.
734
Questions?
Packet Pg.
735
Quality of Life
Discussion on Prohibiting Storage of Personal Property in Public Areas Presented by:
Edelia Eveland, Assistant City Manager
Packet Pg.
736
Key Elements
Overview
Intent of the Discussion
Main Provisions
Recommendation
Key Elements•
Regulation of Property in Public Areas•
Pre- and Post- Removal Notices•
Three Categories of Property Removal •
Packet Pg.
737
Intent of the Discussion
Purpose
• Establish a legally defensible framework in the Municipal Code allowing for the impounding and discarding of
property that interferes with the public’s usage of City facilities, streets, and parks.
o Property includes goods, materials, tents, bedding, sheds, furniture, appliances, backpacks, and other personal items. • Codifies a clearly defined removal process with clear guidelines.
Packet Pg.
738
Main Provisions
Key Elements
• Defines “trash” and “junk,” which can be immediately discarded. • Defines “excess” property as that which cannot fit in a 60-gallon container (lid closed). • Excess property and unattended property can be removed and impounded with notice. • Clarifies that no notice is required to move property that impedes City operations. • Allows for the immediate removal and impounding of property that:
o Creates a Health & Safety risk.
o Impedes ADA access, public right-of-way.
o Obstructs driveways, entrances, and fire equipment.
o Is left in a public area after a posted closure time. • Parks with posted closure times can be immediately cleaned. • Moving property from one public area to another is not considered removing. • Establishes a process for owners to reclaim their property.
Packet Pg.
739
Main Provisions
Regulation of Private Property in Public Areas
• Establishes three (3) general categories:
• When property can be impounded with prior notice.
• When property can be impounded without prior notice.
• When property can be discarded without prior notice.
• Impounded personal property:
• Stored at a City facility for 90 days.
• Available for repossession by the owner.
• Discarded after 90 days if not claimed.
• Notices
• Must be posted in a conspicuous location.
• Pre-Removal notices posted no earlier than 72h prior. • All removals require a Post-Removal notice.
Packet Pg.
740
Main Provisions
Three Categories of Property Removal
Impound with Prior Notice Impound without Prior Notice Discard without Prior Notice Unattended Property ADA Obstruction Health & Safety Threat Excess Property Right-of-Way Obstruction Criminal Evidence or Contraband (as permissible by law)
Obstructs City Operations
(can be moved temporarily without notice) Within 10’ of a Driveway Trash and Junk Obstructs a Permitted Activity
(can be moved temporarily without notice) Within 5’ of a Building Entrance Within 2’ of a Fire Hydrant/Plug
Stored Past Posted Closure Time
Packet Pg.
741
Pre-Removal Notice Information Post-Removal Notice Information General description of property General description of property Description of location Date and time of removal
Date and time of posting Statement of violation
Statement of violation Impounding facility contact information Statement of impounding if not removed within 24h Statement of discarding after 90 days if not claimed Impounding facility contact information
Main Provisions
Notice Elements
Packet Pg.
742
Recommendations
Staff will recommend at a future meeting the follow actions:
1. An Ordinance prohibiting the storage of Personal Property in Public Areas.
Request For Funding FY 2023/24 Future
None N/A N/A
Packet Pg.
743
Questions?
Packet Pg.
744
One Stop Shop Update
Presented by:
William Lampi, Management Analyst, City Manager’s Office
Packet Pg.
745
One Stop Shop Update
Background
Current Situation•
One Stop Shop•
Current Progress
Key Milestones•
Physical Space Design•
New Permit & Plan Check Software•
Recommendations
Community Outreach•
Additional Staffing Considerations•
Packet Pg.
746
Background
Current Situation
• Decentralized Locations
o Multiple locations is inconvenient for customers.
o Creates communication hurdles & confusion.
o No collective ownership over permitting process.
• Outdated Technology
o No online applications for customers.
o No digital plan check software.
o Requires staff to duplicate work.
o Not compatible with Windows 10 or 11.
Packet Pg.
747
Background
One Stop Shop
• What is a “One Stop Shop”?
o Centralizes all major permitting counters.
o Includes both physical and virtual access.
• Divisions and Departments
o Building & Safety
o Planning Division
o Public Works
o Business Registration
o Water Department (kiosk)
o Fire Department (kiosk)
Packet Pg.
748
Background
One Stop Shop
• Enhancements
o Makes the permitting process more convenient.
o Provides better communication to customers.
o Improves plan check coordination & turnaround time.
o Reduces waiting times.
• Prior Council Action
o 6/30/2021 – Approved the One Stop Shop project.
o 5/4/2022 – Approved a Professional Services
Agreement with Client First to conduct a software
needs assessment and ERP consulting service.
o 6/1/2022 – Approved $400,000 for the One Stop Shop
in the Capital Improvement Program 2023-2027.
Packet Pg.
749
Current Progress
Completed Milestones
• Task Force Kickoff Meeting February 21, 2023
• One Stop Shop Site Visits March 30, 2023
• Developer Townhall April 25, 2023
• Community Townhall April 26, 2023
• Physical Space Design Meeting with Architect May 31, 2023 In Progress & Upcoming
• Feedback Survey Analysis via Water Bill Insert June 2023 • Physical Space Design Review and Feedback July 2023
• Neighborhood Association Meetings July 2023
(Wildwood, NENA, Muscupiabe, Norpac)
Packet Pg.
750
Community Outreach
Feedback Received
• Permit counter locations are scattered / confusing.
• Difficulty getting all the information required in one stop. • Customers get the run-around / difficult to resolve problems. • Can’t submit a permit application online.
• Process is too complicated.
• Physical space isn’t very inviting.
• Long wait times.
Packet Pg.
751
Physical Space Design
Boardroom
Existing
Permit
Counter
Conceptual
One Stop Shop
Packet Pg.
752
New Permit & Plan Check Software
Online Applications Modern Software
Packet Pg.
753
Additional Staffing Considerations
Community & Developer Ombudsperson
• Advocate for community members and developers.
• Coordinates with various Departments / Divisions.
• Works to resolve problems or complaints.
• Makes interactions as trouble-free as possible.
Senior Customer Service Representative
• Initial point of contact and assistance for customers. • Schedules customers in the One Stop Shop queue.
• Assists in answering phones & email inquiries.
Packet Pg.
754
Staff will recommend at a future meeting the follow actions:
1. Approve the creation and addition of one (1) Community & Developer Ombudsperson position and direct staff to return to the Council with a job description and salary schedule.
2. Approve the addition of one (1) Senior Customer Service Representative (Bilingual) for the One Stop Shop.
3. A recommendation for the construction of the One Stop Shop.
Request For Funding FY 2023/24 Future
(1) Ombudsperson $138,122 Ongoing
(1) Bilingual Senior Customer Service Representative $95,987 Ongoing One Stop Shop Construction $400,000 est. N/A
Recommendations
Packet Pg.
755
Questions?
Packet Pg.
756
Infrastructure Master Plan
Presented by:
Daniel Hernandez, Public Works Dept. Director
Susan Pan, Acting City Engineer
Public Works Department
June 30, 2023
Packet Pg.
757
Infrastructure Master Plan
• Infrastructure Master Plan
• Background
• Current Plans
• Plans in Progress
• Recommendations
• City Hall Building
• Background
• Previous Studies and Findings
• Timeline
• Recommendations
Presentation Overview
Packet Pg.
758
Infrastructure Master Plan Elements
• Components include parks, Street pavement, bridges,
buildings, and storm drains.
Purpose
• The Master Plan is used to assess existing conditions, establish criteria for prioritization, and develop new
capital projects, cost estimates, and delivery schedule. • The Master Plan provides a roadmap to use public
funds for infrastructure planning and programming.
• Ties in the City’s Capital Improvement Program.
Infrastructure Master Plan - Background
Packet Pg.
759
Infrastructure Master Plan
Infrastruct
ure Master
Plan
Bridge
Master Plan
Parks
Master Plan
Pavement
Master Plan
Storm Drain
Master Plan
Buildings
Master Plan
Capital
Improvement
Program
Packet Pg.
760
Infrastructure Master Plan
• Systematic Safety Analysis Report Program (SSARP)
• Traffic Study Developed in 2018.
• $10 million grant award for two projects in construction. • Traffic Signal Upgrade
• Pedestrian Signal Upgrade
• Local Roadway Safety Plan (LRSP)
• Required for future Highway Safety Improvement Plan
and grant funding
• Funds traffic safety improvements
• Adopted by City Council 3/2023
Packet Pg.
761
Infrastructure Master Plan
• Street Lighting Plan
• Adopted by City Council 8/2019.
• CIP project to replace incandescent with LED fixtures. • Current Progress
• Phase 1 is completed;
• Phase 2 in construction;
• Phases 3 and 4 in planning and will require an
additional $500,000;
• Applied for $250,000 of Energy Efficiency and
Conservation Block Grant.
Packet Pg.
762
Plans in Progress
Parks Master Plan:
• Community Outreach
• Inventory and Assess Existing Parks and
Facilities
• Conduct Public Outreach, Assess Needs,
Develop Priorities
• Prepare CIP and Budget Estimate
Packet Pg.
763
Plans in Progress
1. Pavement Management Plan:
• Existing pavement management system
last surveyed in 2018.
• Request for Proposal to be issued in
September 2023.
2. Curb and Sidewalk Management Plan
• Request for Proposal to be issued in
September 2023.
Packet Pg.
764
• Designed in 1963 by Architect
Cesar Pelli.
• Construction began in 1960s and
completed in 1972.
• City staff moved out of the building
in May 2017 due to seismic
structural and hazardous material
issues.
City Hall
Packet Pg.
765
Previous Studies and Findings
• Seismic Performance Assessment by
IDS Group in December 2015.
• Facility Condition Assessment by Z&K
Consultant/ Cannon Consultant in June
2019.
• Estimated cost for deferred
maintenance deficiencies was $38
million.
• Estimated building retrofit cost was
$57 million.
Packet Pg.
766
City Hall
Retrofit and Renovation
• Cost estimate up to $80 million
• Requires structural retrofit, hazardous material abatement, all new plumbing, mechanical, fire protection, electrical, communication, and security.
Project Schedule
• Planning: 12 months
• Design phase: 15 months
• Bidding and award: 3 months
• Construction Phase: approx. 18 months.
• Total Project duration 4 years.
Packet Pg.
767
Infrastructure Plans
1. ADA Compliant Transitional Plan ($2 million)
• Including Facilities, Public Right-of-Way, Parks,
and Programs.
2. Storm Drain Systems Master Plan ($1 million)
• Prepare regional drainage studies by
watersheds.
• Hydraulic modeling program of City’s storm
drain systems.
3. Bridge Management Plan ($500k)
• Caltrans bridge inspection program
• Prepare bridge Inventory and develop program
for repair, rehab, and replacement.
4. Facility/Building Management Plan ($1 million)
Packet Pg.
768
New Requests For Funding FY 2023/24 Future
City Hall Prelim Engineering & Space Study $300,000 est. N/A Bridge Management Plan $500,000 est. N/A
ADA Master Plan (Phase 1) $500,000 est. N/A
ADA Master Plan (Future Phases) N/A $1,500,000 est.
Storm Drain System Master Plan N/A $1,000,000 est.
Facility/Building Management Plan N/A $1,000,000 est.
Staff will recommend at a future meeting the follow actions:
1. A recommendation to appropriate funds for the following plans:
a. City Hall Preliminary Engineering and Space Study Plan b. Bridge Management Plan
c. ADA Master Plan (Phase 1)
d. ADA Master Plan (Future Phases)
e. Storm Drain System Master Plan
f. Facility/Building Management Plan
Infrastructure Master Plan Recommendations
Packet Pg.
769
Closing Slide
Packet Pg.
770
Legislative Affairs
City Manager
Presented by: Cory Hodges, Senior Management Analyst
Jeff Kraus Public Information Officer
Packet Pg.
771
Overview
Legislative Platform and Policies
Legislative Advocacy Firms
City Staff to Accomplish Goals
Recommendations
Legislative Calendar
Packet Pg.
772
Legislative Calendar
Staff proposes the following calendar to draft and implement an annual legislative strategy:
August - November November - December
1. Identify approved
projects in the CIP
or programmatic
needs that have
legislator appeal,
align with State or
Federal priorities, or
fill a regional need.
2. Identify any needed
legislation that will
benefit the City or
key stakeholders.
1. Mayor and Council meet
with City’s State and
Federal advocacy firms.
2. Council adopts the
legislative platform.
3. Meet with key legislators
to propose legislation
4. Work with Grants team to
identify and pursue
allocations in new Federal
Budget (if adopted).
January - February
1. Prepare and submit budgetary requests
to State delegation, Congress, and
Senate.
March - June
1. Advocate for funding and for/against
key legislation at State level.
Other key annual tasks include: meetings
with the legislators and their staff; advocacy
trips to Sacramento and Washington D.C.
Packet Pg.
773
Legislative Platform and Policies
Purpose
• Allows for an annual legislative platform to be adopted by the Mayor and City Council consisting of positions the City holds on key legislative or regulatory issues.
• Authorizes City staff to quickly respond to legislative or regulatory proposals that might impact City operations, policies, or its residents at the state and Federal levels if it aligns with a position/issue in the platform.
Packet Pg.
774
Current Legislative Platform
Housing and Economic Development
• Affordable Housing
• Transit Oriented Development (TOD)
• Economic Development
Homelessness
• Transitional and Permanent Supportive
Housing
Quality of Life
• Library Services
• Public Safety and Emergency Response
• Commercial Cannabis
Transportation and City Infrastructure
• Highways
• Street and Roads
• Storm Water Infrastructure
• Public Facilities
• Parks and Open Spaces
• Broadband
• Green Infrastructure
Access to Higher Education
• Higher Education Resources
Sales and Use Tax
• Local Tax Revenue
Packet Pg.
775
Legislative Platform
Staff is recommending the Council make additions to
the City’s Legislative Platform on the following issues:
• Animal Services and Welfare
• Tribal Sovereignty
• Fentanyl/Illegal Drugs
• Additional Issues Related to Homelessness
• Fair share funding similar to the “Big 13” cities.
• Other topics of importance to the Mayor and City Council.
Packet Pg.
776
Legislative Advocacy
• Advocate for/against proposed legislation with Capitol staff. • Analyze proposed and passed legislation and its impact on the City. • Analyze the budget and signed legislation to identify funding opportunities. • Use relationships to engage legislators outside of our local delegation. • Assist in crafting legislation that would benefit San Bernardino and identify legislators to sponsor the bill.
• Assist in determining priorities and funding thresholds for legislator directed funding (earmarks).
• Coordinate Capitol visits, including agency meetings.
An advocacy firm provides valuable services that could benefit the City of San Bernardino.
Packet Pg.
777
Government Relations Staff
• Serve as the principal liaison with the City’s Advocacy Firms, State/Federal legislative staff, and other public agencies.
• Monitor agendas, proposals and issues before the County, regional legislative bodies, and quasi-governmental agencies.
• Provide updates and analysis to the Mayor, Council, and City Leadership. • Prepare and submit state and Federal funding requests. • Develop the annual legislative platform in consultation with the Mayor, Council, and staff.
• Prepare letters of support/opposition on legislation based upon the Council’s Legislative Platform.
• Coordinate Mayor and Council testimony opportunities before legislative committees.
Legislative & Government Affairs Manager
Packet Pg.
778
Staff will recommend at a future meeting the follow actions:
1. Direction for staff to identify and prepare for Council approval a list of potential projects for upcoming State/Federal Funding cycles.
2. Direction for staff to update the Legislative Platform to expand the homelessness platform, and include Animal Services, Funding Equities, Fentanyl and other Illegal Drugs, and Tribal Sovereignty.
3. Approve an allocation of $125,000 for a Federal Advocacy Firm.
4. Approve an allocation of $125,000 for a State Advocacy Firm.
5. Approve the creation and addition of one (1) Legislative & Government Affairs Manager position and direction to return to the Council with a job description and salary schedule.
Legislative Affairs Recommendations
New Requests For Funding FY 2023/24 Future
Federal Advocacy Firm $125,000 Ongoing
State Advocacy Firm $125,000 Ongoing
(1) Legislative & Government Affairs Manager $173,873 Ongoing
Packet Pg.
779
Questions?
Packet Pg.
780
Economic Development
Workshop
June 30, 2023
Presented by: Charles E. McNeely, Interim City Manager; Amanda Hernandez, Economic Development Division Manager
Packet Pg.
781
What is Economic Development?
Why is Downtown Important?
Sample City Revitalizations and Programs
San Bernardino Investment Playbook
Development Opportunities
Proposed Programs
Economic Development Team
Public-Private Partnerships
Recommendations
Agenda
Packet Pg.
782
What is Economic Development?
Packet Pg.
783
Why is Downtown Important?
Packet Pg.
784
Incubator
• Small Businesses
• Non-Profits
Independence
• Non-Chain or Big Box
• Center for creative businesses
Employment
• Government Employee Center
• Opportunity for surrounding workforce
Property Value
(PV)
• Increases PV in downtown core
• Increases and protects PV of surrounding areas
Economic
Development
Perspective
Why is Downtown Important?
Packet Pg.
785
Economic
Health
•Symbol of the community’s economic health
Heart of the
Community
•The site for government, arts, churches, and historic
buildings
•Essential to create a sense of place
Tourism
•Can be a tourist attraction and is the location of a
community’s unique businesses and buildings
•Gathering place for travelers and visitors
Community
Development
Perspective
Why is Downtown Important?
Packet Pg.
786
Why is Downtown Important?
Packet Pg.
787
Why is Downtown Important?
Though Redland's
downtown is small, it has
6.5 times the property and
retail tax production
compared with the City's
largest shopping center
development.
Packet Pg.
788
Successful Downtown Revitalizations
Santa Ana
Packet Pg.
789
Pomona
Successful Downtown Revitalizations
Packet Pg.
790
Successful Downtown Revitalizations
Riverside
Packet Pg.
791
Sample Revitalization Programs
City of Glendale
Artsakh Creative Retail
Pop-Up Program
Packet Pg.
792
City of
Pomona
Business Improvement District
Sample Revitalization Programs
Packet Pg.
793
Business Improvement Districts
Sample Revitalization Programs
Packet Pg.
794
City of
Corona
Business Liaison Program
Sample Revitalization Programs
Packet Pg.
795
City of
San Jose
Sample Revitalization Programs
Packet Pg.
796
• Claremont Farmers and Artisans Market
• Friday Nights Live in the Claremont Village
• Taste of Claremont
• Village Venture Arts and Crafts Faire
• Art Exhibitions
• Claremont Art Walk
• Annual Gala
• Claremont Village Craft Beer Walk
• Midsummer Shakespeare Festival
• Poetry Festival
• Claremont Symphony Orchestra
• Claremont Public Art Program
• Holiday festivals
Over 1,100 guests attended the T aste of Claremont event in 2022.
Sample Revitalization Programs
Special Events
Packet Pg.
797
• Festival of Colors
• Reno Jazz Festival
• Strange Brew Festival
• Food Truck Fridays
• Reno River Festival
• Craft Beer Festival
• BBQ, Brews & Blues Festival
• Sierra Arts Festival
C I T Y O F
Sample Revitalization Programs
Special Events
• Reno Chalk Art & Music Festival
• Artown Art Festival
• Wing Fest
• Hot August Nights
• Water Lantern Festivals
• Impalas Reno Super Show
• Reno Tahoe International Art Show
• Art Belongs Here Grants Program
Packet Pg.
798
• Mission Inn Hotel & Spa Festival of Lights
• Annual Riverside Tamale Festival
• Riverside Greek Fest
• Riverside Lunar Festival
• Riverside Dickens Festival
• Riverside Art and Musical Festival
• Riverside Artswalk
• Riverside Downtown Farmers Market
• Public Art Riverside Micro Grant Program
Festival of Lights economic impact estimated
at $129M in total direct and indirect impact*
*Source: 2017-2018 Riverside Festival of Lights Economic Impact Final Report Sample Revitalization Programs
Special Events
Packet Pg.
799
• Pop-Up Shops
• Downtown Farmers
Market
• Various Music
Festivals
• Food & Wine Festival
• Fusebox Art and Food
Festival
• Sunset Valley
ARTFEST
• ArtWorks Festival
• Spring Pecan Street
Festival
• Springfest
• Fall Pecan Street
Festival
• Austin Film Festival
• Austin Fashion Week
• Austin Powwow
• Art Bazaar
• Austin Pub Crawl
• Oktoberfest
• Art in Public Places
Program
CITY OF AUSTIN
The Fall and Spring Pecan Festivals each attract
over 300,000 attendees annually.
Sample Revitalization Programs
Special Events
Packet Pg.
800
• Farmers Market
• The Grand Prix of Long Beach
• Cambodia Town Parade and Festival
• Juneteenth Celebration
• Pride Festival and Parade
• Marathon and Half Marathon Race
• Harvest Festival
• Scottish Festival
• Sea Festival
• African American Festival
• Bayou Music Festival
• BBQ Festival
• West Coast Barbeque Festival
• Comic and Horror Con Comic Festival
CITY OF
Sample Revitalization Programs
Special Events
Packet Pg.
801
Fiesta® San Antonio attracts over 3.5M people annually.
Sample Revitalization Programs
• Farmers Market
• Fiesta® San Antonio
• Folklife and Dance Festival
• Ford Mariachi Festival
• Fiesta Family Blues Festival
• Fiesta de Animales
• Viva Mexico Women’s Festival
• SoFlo Urban Art and Craft Market
• Luminaria Contemporary Arts Festival
• Tejano Conjunto Festival
• Asian Festival
• Pride River Parade and Celebration
• San Antonio TangoFestival
• Wild West Wildlife Festival
• UNITYFest
• Coffee Festival
• Mardi Gras Festival
• Fiesta Primavera
• St. Patrick’s Festival
• Wine Fest
• Public Art Program
Special Events
Packet Pg.
802
• City of Glendale
• Artsakh Creative Retail Pop-Up Program: business owners are able to apply for participation in a City-sponsored program to secure free rent in a brick-and-mortar retail space • City of Pomona
• Business Improvement District: business owners in downtown Pomona created a business improvement district to augment services and events in downtown • City of Corona
• Business Liaison Program: businesses are able to connect with Corona Police Department to address issues of illegal dumping, loitering, graffiti, and more • City of San Jose
• Downtown-Specific Manager: the manager will take special care to downtown related developments in order to increase the vitality of the heart of the city and city as a whole Sample Revitalization Programs
Packet Pg.
803
• City of Vista
• Façade Improvement Program: businesses in and near the downtown area can get up to $15k to assist with interior design upgrades
• City of Orange
• Smart Project Review: The City of Orange provides coordinated inter-departmental development review through its Staff Review Committee (SRC). • City of Long Beach
• Long Beach Accelerator: A public-private partnership with the Institute for Innovation and Entrepreneurship at CSULB and Sunstone Management. The program is for early-stage tech- startups to successfully secure funding.
• City of Fresno
• Revolving Loan Fund: business must be within Fresno City and does not have full project financing from conventional lender. The fund must be used for inventory, capital, or equipment Sample Revitalization Programs
Packet Pg.
804
Questions?
Packet Pg.
805
Economic Development Connections
SB Investment
Playbook
Development
Opportunities
Economic
Development
Programs
Economic
Development
Team
Public-Private
Partnerships
Packet Pg.
806
SB Investment Playbook Update
Packet Pg.
807
Investment Playbook Update
City Manager
Presented by: Cory Hodges, Senior Management Analyst
Packet Pg.
808
Investment Playbook Agenda
Introduction
Development Process & Capacity
Building
Roles & Responsibilities
Deliverables & Performance Indicators
Projects & Prioritization
Investment Playbook Implementation
Roadmap & Staff Recommendations
Packet Pg.
809
Investment Playbook
• Economic development strategy
• Coordinated action plan
• Funding strategy
• Marketing tool
• Community collaboration
An innovative way for cities to
approach transformative projects
outside the standard government
process.
Introduction
Packet Pg.
810
• Extraordinary Potential &
Strengths
• Underpopulated
• Underinvested
• Historic Buildings
• Multimodal Transit Access
• Inexpensive land
• Market Momentum
Introduction
Why Downtown San Bernardino?
Packet Pg.
811
Investment Playbook
Development
Over the course of the Summer of 2022,
stakeholders were interviewed, and Investment
Playbook proposals were developed:
• 40+ Stakeholders Interviews
• Legislative Research (IRA, CHIPS, ARPA, etc.)
• Project Narratives Crafted
• Feasibility & Project Cost Estimates Completed
Playbook publicly released at the CSUSB White
House Economic Summit in November 2022
Development Process
Packet Pg.
812
The Nerve Center Operators will be
responsible for carrying out a variety of
activities including but not limited to:
1. Strategic Research & Analysis
2. Stakeholder Engagement
3. Project Coordination
4. Securing Funding
5. Leading a Stakeholder Executive
Committee
6. Managing a Project Submission
Portal
Development Capacity Building (Nerve Center)
Direct Fiscal Impact
• $700,000 Measure S
• Funding was approved
December 7, 2022
Indirect Fiscal Impact
• Staff time
• Other City resources
Packet Pg.
813
A Fiscal Agent could oversee certain funds
dedicated to City of San Bernardino Investment
Playbook projects including funds:
A. Allocated by the City directly
B. Funds committed by outside agencies or
partners
C. Funds received from granting agencies for
proposed projects
• Administrative, financial, and legal
responsibility for assigned Investment
Playbook funds.
• Fiscal Agent’s normally charge a small
administrative fee from funds.
Development Capacity Building (Fiscal Agent)
Packet Pg.
814
Roles & Responsibilities
Mayor and City
Council
• Oversight
• Advisory
• Advocacy
City Staff
• Direction
• Technical Assistance
Community
• Ideas
• Collaboration
• Feedback
Nerve Center
• Project
Coordination
• Stakeholder
Engagement
• Secure Funding
Fiscal Agent
• Financial
Administration
• Financial Reporting
Stakeholders
• Collaboration
• Assistance
• Funding
Investment
Playbook
Mayor & City
Council
Nerve Center
Stakeholders
Community
Fiscal Agent
Staff
Packet Pg.
815
Deliverables and Performance Indicators
Deliverables
• Investment Playbook “road show”
• Investment Playbook workshops
• Community feedback events
• Committee meetings
• State grant awards
• Federal grant awards
• Project Intake portal
• Completed projects
Key Performance Indicators
• Support from Elected Officials
• Support from Private Corporations
• Support from non-profits
• Number of Community feedback events
• Number of grant applications submitted
• Number of grant awards received
• Intake portal statistics
• Project movement through development
phases
Packet Pg.
816
Investment Playbook Project are organized into six (6) distinct categories:
Community
El Sol Holistic
Campus
Community
Leadership
Empowerment
Workshop
Olympic Aquatic
Center
Institute for Child
Development and
Family Relations
Economic
Opportunity
Center
E Street Arts
Corridor
Inland Port Career
Resource Center
Purposeful
Pathways
Infrastructure
Zero-Emission
Buses
Complete Streets
Fiber Network
Installation
Enhanced
Infrastructure
Financing District
City Hall
Renovation
Climate-Ready SB
Housing
Carousel Mall
Heart of Mobility
Homelessness
initiative
Homeownership
initiative
Downtown Habitat
for Humanity
Project
Permanent
Residential Real
Estate Cooperative
Innovation
Sustainable Mobility
Hub
National Security
Innovation
Ecosystem
Enterprise District
Sustainable
Logistics Center of
Excellence
Downtown Satellite
Campuses
Annual Climate
Readiness Summit
Cybersecurity Tech
Workforce Hub
Entrepreneurship
Entrepreneurial
Resource Center
Food
Entrepreneurship
Hub
Supply SB
Local Small
Business
Retail Plaza
Center for Youth
Financial Literacy
and
Entrepreneurship
Capacity
Nerve Center
City Staffing Surge
Climate Solutions
Team
Technical
Assistance for
Community
Organizations
Current Investment Playbook Projects
Packet Pg.
817
Investment Playbook Projects are categorized into three (3) stages of development:
Current Investment Playbook Projects
READY-TO-GOLAST MILEEXPLORATORY
These projects are largely
complete, with clear design,
costs, and plans for
implementation
These early-stage projects will
need more development before
they are ready to fund and
implement
These intermediate-stage projects
need to get specific on design and
cost
Packet Pg.
818
Notable Stakeholder Submitted Projects
Enterprise District
• Reestablish E Street as a dynamic commercial
corridor and popular Inland Empire destination
• Cultivate a vibrant, amenity-filled downtown that
encourages innovation, entrepreneurship, and small
business growth
• Boost activity in downtown San Bernardino during
and after workday hours
University Presence Downtown
(“University Center”)
• Sustainable Logistics Center of
Excellence
• Institute for Child Development and Family
Relations
• Cybersecurity Tech Workforce Hub
Inland Port Career Resource Center (IPCRC)
• Establish well-supported and easily navigated pathways into quality jobs in the IE • Increase the number and proportion of IE residents with quality jobs (particularly within disadvantaged and disinvested communities in the region) • Ensure that area employers have access to the skilled workers they need to grow
Packet Pg.
819
Project Implementation Road Map
Phase 1
Phase 3
Phase 4
Approve Nerve
Center Operator
Agreement
Appoint Advisory
Committee
Members
Council/Project
Stakeholder
Workshop
Project
Prioritization
Feedback
• Implement the Investment Playbook
• Receive and File Monthly Investment Playbook
Reports from Nerve Center Operators, Fiscal
Agent and Playbook Consultants (if approved)
• Quarterly Advisory Committee Meetings
• Monthly Steering Committee Meetings
If Necessary,
Onboard Additional
Playbook
Consultants
Re-Release Fiscal
Agent RFP
Nerve Center Operator
Begins Providing ServicesPhase 2
Packet Pg.
820
Questions?
Packet Pg.
821
Break
Packet Pg.
822
Economic Development Connections
SB Investment
Playbook
Development
Opportunities
Economic
Development
Programs
Economic
Development
Team
Public-Private
Partnerships
Packet Pg.
823
Opportunity Sites
City Development Opportunities
Packet Pg.
824
Revitalization Efforts
Highland Ave and Medical Center Dr
City Development Opportunities
Packet Pg.
825
Revitalization Efforts
Carnegie Dr
City Development Opportunities
Packet Pg.
826
Revitalization Efforts
Arden-Guthrie Development
City Development Opportunities
Packet Pg.
827
Downtown Specific
Plan Update
City Development Opportunities
Packet Pg.
828
Revitalization Efforts
City-owned property
E St Retail Sites
Woolworth Building
Convention Center
Baseball Field
City Development Opportunities
Packet Pg.
829
Theater Square Parcels
Conceptual Rendering
Revitalization Efforts
Theater Square
City Development Opportunities
Packet Pg.
830
Revitalization Efforts
City-owned parking
City Development Opportunities
Packet Pg.
831
Carousel Mall – Getting to “Shovel Ready”
New appraisal
Infrastructure
analysis
Tax increment
financing district
Phase 2
environmental
Dedicated project
manager
Grants
identification
Surplus Land Act
process
TBD
4 -
5 M
6M
-
1Y
6 -
8M
4 -
5M
Ongoing
6M
City Development Opportunities
Packet Pg.
832
Economic Development Connections
SB Investment
Playbook
Development
Opportunities
Economic
Development
Programs
Economic
Development
Team
Public-Private
Partnerships
Packet Pg.
833
Downtown Entrepreneurial Resource Center
Proposed Program
Packet Pg.
834
• Facilitate Commercial Revitalization
• Stimulate Private Investment and
Customer Patronage
• General Shopping opportunities
• Pleasant walking environment by
improving visual aesthetics of
commercial building facades
• Enhance small businesses
Proposed Program
Packet Pg.
835
Revolving Loan Program
Proposed Program
Packet Pg.
836
Economic Development Action Plan
• Develop economic development goals
for the community with special focus on
each Ward
• Emphasis on community engagement
and feedback
• Incorporate existing plans (Specific
Plans, General Plan update, Investment
Playbook)
Proposed Program
Packet Pg.
837
Marketing and Rebranding
Proposed Program
Packet Pg.
838
Property and Business Improvement District
• Steering Committee comprised of property
owners developed proposed boundaries and
services for the district
✓ Clean & Safe
✓ Capital Improvements
✓ Administration
• Potential for district to begin collecting
assessment in January 2025
Proposed Program
Packet Pg.
839
Special Event Efforts
Proposed Program
Packet Pg.
840
Operation Restore Hope
Proposed Program
Packet Pg.
841
Economic Development Connections
SB Investment
Playbook
Development
Opportunities
Economic
Development
Programs
Economic
Development
Team
Public-Private
Partnerships
Packet Pg.
842
Services Provided by
Economic Development Staff
Economic Development Division
Packet Pg.
843
Economic Development Partners
Packet Pg.
844
Economic Development Partner Event
Thursday, July 27, 2023 | DoubleTree by Hilton Hotel San Bernardino
Packet Pg.
845
Economic Development Connections
SB Investment
Playbook
Development
Opportunities
Economic
Development
Programs
Economic
Development
Team
Public-Private
Partnerships
Packet Pg.
846
Pedestrian Activation at Court Street
Immediate Public-Private Partnerships
Packet Pg.
847
Downtown Visioning Working Group
(Property Owners)
Immediate Public-Private Partnerships
Packet Pg.
848
Downtown Revitalization Efforts
Immediate Public-Private Partnerships
Packet Pg.
849
Revitalization Efforts
3D Conceptual Rendering
Downtown San Bernardino
Immediate Public-Private Partnerships
Packet Pg.
850
Recommendations
Staff will recommend at a future meeting the follow actions:
1. Approve a reallocation of $873,700 of ARPA funds from the Small Business Education and Training Resources allocation to the Entrepreneurial Development Services and Resource Center (“ERC”) for a total of $1,873,700 allocated to the ERC.
2. Authorize the Interim City Manager, or designee, to take necessary steps to implement and administer the agreement including executing an agreement or Memorandum of Understanding (“MOU”) with the Inland Empire Center for Entrepreneurship in an amount not to exceed $1,873,700 through December 31, 2026, and signing subsequent, necessary, and related documents to implement the MOU.
Packet Pg.
851
Recommendations
Staff will recommend at a future meeting the follow actions:
3. Authorize the Interim City Manager, or designee, to execute a Professional Services Agreement ($700,000) the with Making Hope Happen Foundation (MHHF) for Investment Playbook Nerve Center Operator Services; and
4. Direction for Staff to determine feasibility of a Higher Education presence (University Center) in the Downtown San Bernardino area; and
5. Direction for Staff to Re-Release Investment Playbook Fiscal Agent Services RFP; and
6. Review Investment Playbook Projects and provide staff additional feedback on projects at a future Mayor and City Council meeting.
Packet Pg.
852
Staff will recommend at a future meeting the follow actions:
7. Augment staffing in Economic Development by approving the creation and addition of the following positions and directing staff to return to the Council with job descriptions and salary schedules:
a. One (1) Economic Development Director
b. One (1) Economic Development Manager (Business Recruitment) c. One (1) Economic Development Manager (Business Retention) d. One (1) Economic Development Manager (Special Events Manager)
8. Approve the addition of one (1) Administrative Assistant position for Economic Development.
New Requests For Funding FY 2023/24 Future
(1) Economic Development Director $280,376 Ongoing
(3) Economic Development Managers ($186,218 each) $558,654 Ongoing (1) Administrative Assistant $80,549 Ongoing
17 9
Recommendations
Packet Pg.
853
Recommendations
Staff will recommend at a future meeting the follow actions:
9. Authorize staff to evaluate the feasibility of:
a. Implementing a Downtown Economic Impact Study
b. Property and Business Improvement District Formation c. Pedestrian Activation at Court Street
d. Special Event Programming
e. Revolving Loan Program
f. Retaining a brokerage firm to market city-owned properties g. Establishing a Downtown University Campus
h. Implementing an Economic Development Action Plan
i. Rebranding
j. Expanding Chamber and Association Partnerships
Packet Pg.
854
Questions
Packet Pg.
855
The Bottom Line: Fiscal Impact
City-Wide Initiatives and Staffing
Realignment to Reach Goals
Presented by:
Suzie H. Soren, Director of Human Resources
Barbara G. Whitehorn, Agency Director of Administrative Services
Packet Pg.
856
• Strategic Reserve Overview
• Staffing Comparison Over Time
• 2007/08 to Current
• Strategic Staffing and Alignment
• Community, Housing and Economic Development
• Housing & Homelessness
• Economic Development
• Planning
Presentation Overview
Packet Pg.
857
• Strategic Staffing and Alignment (cont.)
• Parks & Recreation
• Animal Services
• Public Works / Project Management
• City Manager’s Office
• Department Realignments and Title Changes
• Bottom Line
• Cost of Strategic Initiatives
• Cost of Strategic Staffing Realignments
Presentation Overview
Packet Pg.
858
Strategic Reserve
Items
Included
in
Strategic
Reserve:
Department/Division Item
Amount
Included
Housing Housing Compliance Specialist $ 117,021
Housing Housing Project Assistant 79,834
Economic Development Economic Development Director 280,376 Economic Development Administrative Assistant 80,549
Economic Development Economic Development Managers (3) 558,654 Planning Administrative Assistant 80,549
Planning Associate Planner 126,823
Planning Planner Technician 81,025
Planning Reclassify Planning Aide to Planner Tech. 11,265 One Stop Shop Bi-Lingual Senior Customer Service Rep. 95,987 One Stop Shop Ombudsperson 138,122
Packet Pg.
859
Strategic Reserve
Items
Included
in
Strategi
c
Reserve
:
Department/Division Item
Amount
Included
Parks, Rec. & Comm. Srvcs. Deputy Director $ 204,001 Animal Services Deputy Director 204,001
Animal Services Registered Veterinary Technician 81,259 Animal Services Veterinary Assistant 66,554
Public Works – Capital Projects Project Managers (3) 514,839 Public Works – Land Development Land Development Engineer 171,613 City Manager’s Office Legislative & Gov’t Affairs Mgr. 173,873 City Manager’s Office Assistant City Manager 297,175
City Manager’s Office Advocacy Contracts – State &
Federal
250,000
Planning Savings from reclassifications (81,591)
TOTAL $ 3,531,929
Packet Pg.
860
Additional Priorities
Items “In the Hopper,” unfunded, and anticipated in FY
2023/24 or 2024/25
Item Amount Timing
Park Ranger Program 505,900 FY 2024/25
Additional Security Costs – Estimate 1,256,000 FY 2023/24 One Stop Shop – Additional Cost of Buildout 400,000 Mid-Year ADA Master Plan, Phase 1 500,000 Mid-Year
Bridge Master Plan 500,000 Mid-Year
Preliminary Engineering and Space Study – City Hall 300,000 FY 2023/24 TOTAL $ 3,461,900
Packet Pg.
861
Staffing Comparison Over Time
Packet Pg.
862
Departments and Divisions
Staffing Levels pre-bankruptcy (FY 2007/08) and current Department / Division
Pre-Bankruptcy
(FTE)
Current Staffing
(FTE) Current as %
CED Planning Division 14 10 71%
CED Economic Development Division 6 3 50%
CED Code Enforcement Division 32 21 66%
Parks & Recreation Department (all positions) 32 23 72% Police Department (all positions) 516 421 82%
PW Project Management/Capital Projects
Division 14 3 21%
Human Resources Department 16 14 88%
Animal Services Department 25 27 108%
Current staff
inadequate to
current needs
Percentage
s don’t tell
the whole
story!
Packet Pg.
863
Departments and Divisions
Staffing Levels pre-bankruptcy (FY 2007/08) and current Department / Division
Pre-Bankruptcy
(FTE)
Current Staffing
(FTE) Current as %
Information Technology Department 25 15 68%
Finance Department (includes Bus. Reg. & Purch.) 31 33 107% Finance – Purchasing Division 2 4 200%
Finance – Business Registration Division* 10 10 100%
Library (all positions) 27 16 59%
City Manager’s Office (excluding Grants, VIP) 7 11 157% City Clerk (includes Passport Srvcs. & Records) 7 8 115% Legal Services 24 1 (+BBK) 4%
*Business Registration has moved between Finance and the City Clerk’s Office several times since 2007/2008
Packet Pg.
864
Proposed Structure Change
• Break into Two Department:
• Economic Development Department
• Community Development Department
Community, Housing and Economic Development
Packet Pg.
865
• Strategic Staffing and Alignment
• Housing & Homelessness Division
Packet Pg.
866
Housing & Homelessness Division
Current
Structure
8.25 positions
¼ of Director time dedicated
to Housing and
Homelessness Division
Agency Director of
Community, Housing
& Economic
Development
Deputy Director of
Housing &
Homelessness
Housing Manager
CDBG Specialist
Grants Assistant
Senior Management
Analyst Management Analyst Administrative
Assistant
Housing Compliance
Specialist
Packet Pg.
867
Current
:
8.25 FY
2024:
10.25 FY
2025:
TBD
FY
2026:
TBD
FY
2027:
TBD
Housing & Homelessness Division
Staffing in 2007/08
Unknown
Packet Pg.
868
FY 2023/24
• Housing Compliance Specialist
• Project Assistant
Proposed New Positions
Cost in FY 2023/24: $196,855 Included in Strategic Reserve
Packet Pg.
869
Deputy Director of
Housing &
Homelessness
Housing Manager
Administrative
Assistant
Senior
Management
Analyst
CDBG Specialist Management
Analyst I
Project AssistantGrants Assistant
Housing
Compliance
Specialist
Housing
Compliance
Specialist
Housing & Homelessness Division
Potential Structure
FY 2023/24
Packet Pg.
870
• Strategic Staffing and Alignment
• Economic Development
Packet Pg.
871
Agency Director of
Housing, Community,
and Economic
Development
Economic
Development Division
Manager
Economic
Development Project
Manager
Economic
Development
Specialist
Economic Development Division/Department
Current Structure
3.25 positions
¼ of Director time
dedicated to
Economic
Development Division
Packet Pg.
872
Current
:
3.25 FY
2024:
8 FY
2025:
9 FY
2026:
10 FY
2027:
11 Economic Development Division/Department
Staffing in 2007/08
6 positions
Packet Pg.
873
FY 2023/24
• Director of Economic Development
• Business Recruitment Manager
• Business Retention Manager
• Special Events Manager
• Administrative Assistant
FY 2024/25
• Economic Development Specialist
Proposed New Positions by Year
FY 2025/26
• Economic Development Specialist
FY 2026/27
• Deputy Director of Economic
Development
Cost in FY 2023/24: $919,579 Included in Strategic Reserve
Packet Pg.
874
Economic
Development Director
Economic
Development Manager
Economic
Development Project
Manager
Economic
Development Specialist
Business Recruitment
Manager
Business Retention
Manager
Special Events
Manager
Administrative
Assistant
Economic Development Department
Potential Structure
FY 2023/24
Packet Pg.
875
Benefits of Proposed Structure
• Industry Diversification
• Business Retention and Expansion
• Improved Response Times
• Liaisons to Recruit and Retain Businesses
Cities with Separate Economic Development
Departments:
- Corona - Santa Clarita
- Ontario - Fremont
Economic Development Department
Packet Pg.
876
• Strategic Staffing and Alignment
• Planning
Packet Pg.
877
Agency Director of
Housing, Community,
and Economic
Development
Deputy Director/ City
Planner
Planning Division
Manager
Senior Planner
(3)
Associate Planner
(2)
Assistant Planner
(2) Planning Aide
Planning Division
Current Structure
10.25 positions
¼ of Director time
dedicated to Planning
Division
Packet Pg.
878
Current
:
10.25 FY
2024:
13 FY
2025:
TBD
FY
2026:
TBD
FY
2027:
TBD
Planning Division
Staffing in 2007/08
14 positions
Packet Pg.
879
• Reclassify Deputy Director/City Planner to City Planner/Planning Manager (lower)
• Reclassify Planning Division Manager to Principal Planner (lower) • Reclassify Planning Aide to Planner Technician (higher) • Reclassify (2) Assistant Planners to Planner Technicians (equivalent) • Reclassify Senior Planner to Associate Planner (lower) • Add Associate Planner
• Add Planner Technician
• Add Administrative Assistant
Proposed Positions and Changes
Cost in FY 2023/24: $218,071 Included in Strategic Reserve
Packet Pg.
880
City Planner/Planning
Manager
Principal Planner
Associate PlannerAssociate Planner
Senior PlannerSenior Planner
Planner Technician
Associate Planner Associate Planner
Planner Technician Planner Technician
Administrative
Assistant
Planner Technician
Planning Division
Potential Structure
FY 2023/24
Reclass.
Reclass.
Reclass.
Reclass. Reclass. Reclass.
Packet Pg.
881
• Strategic Staffing
• SB Police Department
Quality of Life
Packet Pg.
882
Quality of Life Team
• Quality of Life focus
• Downtown area
• Police Coordinating with Homeless
Outreach Team, Public Works, Parks &
Recreation
• Requires ongoing funding to avoid
pulling resources from other areas of
the City
• NO ADDITIONAL OPERATING
FUNDING necessary for FY 2023/24
Enforcement Type Results/Quantity
Felony Arrests 7
Misdemeanor Arrests 161
Infractions 154
Parking Citations 94
Tows/Impounds 24
FI Cards 23
Narcotics (MJ) 62.2 lbs.
Cash Seized $3,354
Shopping Carts Recovered 34
Results from one-month of operations:
Packet Pg.
883
• 1 Sergeant
• 1 Detective/Corporal
• 6 Patrol Officers
• Positions will be posted and hired in FY 2023/24 to be in place for FY 2024/25.
NO ADDITIONAL OPERATING FUNDING necessary for FY
2023/24
Proposed New Positions
Cost in FY 2023/24: $170,000 for vehicles; will be covered within existing vehicle replacement budget.
Packet Pg.
884
Sergeant
Officer
Detective/Corporal
Officer
OfficerOfficer
Officer Officer
Potential Structure
FY 2024/25
Quality of Life PD Team
Packet Pg.
885
• Strategic Staffing
• Parks & Recreation
Packet Pg.
886
Parks & Recreation Department
Director of
Parks &
Recreation
Community
Services
Manager
Senior Services Senior Nutrition
Program
Adult Sports SCP/RSVP
Aquatics
Management
Analyst
Management
Analyst
Recreation
Manager
Delmann
Heights Center
Hernandez
Center
Ruben Campos
Center
Center for
Individual Dev.
Verdemont
Center
Lytle Creek
Center
Special Events
Accounting
Tech.
Executive
Assistant
Reports to
Accountin
g
Manager -
Finance
Current Structure
(Does not include all
positions)
Packet Pg.
887
Parks & Recreation: Ranger Program
Park Ranger Program Staffing
Ideal, eventual goal:
• 18 Rangers
• 1 Supervisor and
• 1 Administrative Assistant
• 5 Vehicles, training, space, uniforms, technology and supplies Ramp-up over 5 years and
include park fencing to
minimize security needs
Packet Pg.
888
Current
:
0 / 23
FY
2024:
0 / 24
FY
2025:
4 / 27
FY
2026:
7 / 30
FY
2027:
10 /
33 Parks & Recreation: Ranger Program / All Staff
Parks & Recreation total Staffing in 2007/08
32 positions
Current: 23
Packet Pg.
889
FY 2023/24
• Deputy Director of Parks & Rec.
FY 2024/25
• Lead Park Ranger
• (3) Park Rangers
Proposed New Positions by Year
FY 2025/26
• Reclass Lead Park Ranger to
Park Ranger Supervisor
• (2) Park Rangers
• Administrative Assistant
FY 2026/27
• (3) Park Rangers
The number of
parks, centers and
the expanding
programs and
events makes more
high-level support
for the Director a
necessity.
Launch Park Ranger
Program in FY 2024/25
dependent on revenue at
Mid-Year, FY 2023/24
Cost in FY 2023/24: $204,001 Included in Strategic Reserve
Packet Pg.
890
Director of Parks &
Recreation
Community
Services Manager
Deputy Director
Management
Analyst
Management
Analyst
Recreation
Manager
Accounting
Technician
Executive Assistant
to the Director
Senior Services Senior Nutrition
Program
Adult Sports SCP/RSVP
Aquatics
Delmann Heights
Center Hernandez Center
Ruben Campos
Center
Verdemont Center
Center for
Individual Dev.
Lytle Creek Center Special Events
Parks, Recreation & Community Services
Proposed
Structure
FY 2023/24
Packet Pg.
891
• Strategic Staffing
• Animal Services
Packet Pg.
892
Animal Services Department
Current Structure
Animal Service
Director
Shelter Manager
Shelter Services
Supervisor
Shelter Attendants
(8) +
(4) grant funded
Customer Services
Supervisor
Senior Animal
Service
Representatives (6)
Volunteer
Coordinator
(grant funded)
Foster Coordinator
(grant funded)
Field Services
Supervisor
Lead Animal Control
Officer
Animal Control
Officer
(6)
Staff Veterinarian
Registered Vet
Technician
Executive Assistant
Packet Pg.
893
Current
:
27 FY
2024:
28 FY
2025:
TBD
FY
2026:
TBD
FY
2027:
TBD
Animal Services
Positions in 2007/08
25 positions
Packet Pg.
894
FY 2023/24
• Deputy Director
• Registered Veterinary Technician
• Veterinary Assistant
Proposed New Positions
The Animal Services Department is significantly understaffed and continues to see increases in the number of animals at the shelter.
There may be potential for regional partnerships; staff will bring more information forward as it becomes available.
Cost in FY 2023/24: $351,814 Included in Strategic Reserve
Packet Pg.
895
Director of Animal
Services
Deputy Director of
Animal Services
Shelter Manager
Shelter Services
Supervisor
Shelter Attendants
(8)
Customer Services
Supervisor
Senior Animal
Services
Representative (6)
Volunteer
Coordinator
-grant funded-
Foster Coordinator
-grant funded-
Field Services
Supervisor
Lead Animal
Control Officer
Animal Control
Officers (6)
Animal Services
Representative (2)
-grant funded-
Staff Veterinarian
Registered Vet
Technician
Shelter Attendants
(4)
-grant funded-
Executive Assistant
to the Director
Registered Vet
Technician
Veterinary Assistant
Animal Services Department
Proposed
Structure
FY 2023/24
Packet Pg.
896
• Strategic Staffing
• Public Works / Project Management
Packet Pg.
897
Public Works Department
Agency
Director of
Public Works
Deputy
Director / City
Engineer
Principal Civil
Engineer
Project
Manager
Project
Manager
Engineers Project
Manager
Construction
Manager
Engineers
Construction
Inspectors
Civil
Engineering
Div. Mgr.
Engineers
NPDES
Facilities &
Fleet Manager
Deputy
Director of
Operations
Senior
Management
Analyst
Management
Analyst
Executive
Assistant
Current Structure
(Does not include all
positions)
Packet Pg.
898
Public Works: Project Management
Projects
per
Project
Manager
Nearly 7x
the
average
Packet Pg.
899
Public Works: Project Management
Project Management Staffing
Industry standard:
• 7-10 Projects per Project Manager
Eventual goal:
• 7-10 Projects per PM
• If the City averages 100 active projects, minimum of 10 Project Managers; however, the City may consider a balance of staff PMs and contract PMs to avoid overstaffing.
Ramp-up over 5 years
using contract staff
augmentation in the
interim
Packet Pg.
900
Current
:
3 FY
2024:
6 FY
2025:
8 FY
2026:
TBD
FY
2027:
TBD
Public Works Project Management
Positions Identified as “Capital Projects” in 2007/08
(may not all have been Project Managers)
14 positions
Packet Pg.
901
FY 2023/24
• (3) Project Managers
• Staff Augmentation - contract
FY 2024/25
• (2) Project Managers
• Staff Augmentation - contract
Proposed New Positions by Year
FY 2025/26
• TBD
• Staff Augmentation -
contract, as needed
FY 2026/27
• TBD
• Staff Augmentation -
contract, as needed
Cost in FY 2023/24: $514,839 Included in Strategic Reserve
Packet Pg.
902
Director of
Public Works
Deputy
Director/ City
Engineer
Principal Civil
Engineer
Project
Manager
Project
Manager
Project
Manager
Project
Manager
Project
Manager
Project
Manager
Proposed Structure
FY 2023/24
Packet Pg.
903
• Strategic Staffing
• City Manager’s Office
Packet Pg.
904
City Manager’s Office / City Structure
Current Structure
City Manager
Assistant City Manager
Administrative Services
Agency Director
Human Resources
Director
Information Technology
Director
Finance
Deputy Director
Public Works, Operations &
Maintenance
Agency Director
Community, Housing &
Economic Development
Agency Director
Animal Services
Director
Police Department
Chief of Police
Parks, Recreation &
Community Services
Director
Library
Director
Executive Assistant to the City
Manager
Grants Division
Manager
Neighborhood & Customer
Services
Manager
Public Information
PIO
City Manager s Office
Analysts (4)
VIP Program
Manager
Packet Pg.
905
City Manager’s Office
• Challenges
• Span of Control for the City Manager is too Great
• 7 Departments
• 4 Divisions
• 4 Analysts
• Larger, complex cities need more support at the top
• Growing cities – economic development and expansion
• Cities with multiple initiatives underway
• Reliance on grants and outreach
• Legislative initiatives need dedicated staff
Packet Pg.
906
Assistant / Deputy City Manager Comparison
City Population
Deputy/Assistant City
Managers
Pomona 148,000 1
Corona 157,000 2
Ontario 178,000 2
Moreno Valley 208,000 2
Fontana 210,000 2
Modesto 218,000 2
Fremont 224,000 2
Irvine 310,000 3
Riverside 320,000 3
Long Beach 467,000 5
Packet Pg.
907
Positions, 2023/24
• Assistant City Manager
• Legislative & Governmental Affairs Manager
• Realign departments and balance workload between two Assistant City Managers
Enable the City to track legislative changes, manage lobbyist contracts and actively work to secure funding in Sacramento and Washington, D.C.
Proposed Changes – City Structure
Packet Pg.
908
Retitle Departments:
“Community, Housing and Economic Development Department” • Economic Development Department
• Community Development & Housing Department
Changing Community Development to Community Development & Housing is more reflective of the purpose of the divisions within the department.
Proposed Changes – City Structure
Packet Pg.
909
Retitle Departments:
“Human Resources Department”
• Human Resources and Risk Management Department
To reflect the departments functions beyond HR, including Risk Management.
“Finance Department”
• Finance and Management Services Department
To reflect the departments functions beyond finance, including Purchasing and Business Registration.
Proposed Changes – City Structure
Packet Pg.
910
Agency Directors
Re-title Agency Directors:
Agency Director of Community, Housing and Economic Development • Director of Economic Development
• Director of Community Development & Housing
Agency Director of Public Works, Operations and Maintenance • Director of Public Works, Operations and Maintenance
Agency Director of Administrative Services
• Director of Finance and Management Services
• No longer directing Administrative Services (HR and IT) Proposed Changes – City Structure
Packet Pg.
911
City Manager
Assistant City
Manager
Assistant City
Manager
Community
Development &
Housing
Economic
Development /
Special Events
Information
Technology
Finance &
Management
Services
Human Resources
& Risk
Management
Public Works,
Operations &
Maintenance
Parks, Recreation &
Community
Services
Police
Animal Services
Management Analysts
Neighborhood Srvcs.
Performance Audits
Legislation
Grants
Public Information
City Council Support
City Attorney City Clerk
Mayor & City Council (8)
Library Board Water Board
SBMWDSB Public Library
Boards & Commissions
Residents of San Bernardino
City Manager’s Office / City Structure
Proposed Structure FY 2023/24
New Dept.
Packet Pg.
912
The Bottom Line: Cost Analysis
Presented by:
Barbara Whitehorn, Agency Director of Administrative Services
Packet Pg.
913
• Cost of City Initiative Implementation
• Cost of Staffing Realignments
Presentation Overview
Packet Pg.
914
Strategic Reserve
Items
Included
in
Strategic
Reserve:
Department/Division Item
Amount
Included
Housing Housing Compliance Specialist $ 117,021
Housing Housing Project Assistant 79,834
Economic Development Economic Development Director 280,376 Economic Development Administrative Assistant 80,549
Economic Development Economic Development Managers (3) 558,654 Planning Administrative Assistant 80,549
Planning Associate Planner 126,823
Planning Planner Technician 81,025
Planning Reclassify Planning Aide to Planner Tech. 11,265 One Stop Shop Bi-Lingual Senior Customer Service Rep. 95,987 One Stop Shop Ombudsperson 138,122
Packet Pg.
915
Strategic Reserve
Items
Included
in
Strategi
c
Reserve
:
Department/Division Item
Amount
Included
Parks, Rec. & Comm. Srvcs. Deputy Director $ 204,001 Animal Services Deputy Director 204,001
Animal Services Registered Veterinary Technician 81,259 Animal Services Veterinary Assistant 66,554
Public Works – Capital Projects Project Managers (3) 514,839 Public Works – Land Development Land Development Engineer 171,613 City Manager’s Office Legislative & Gov’t Affairs Mgr. 173,873 City Manager’s Office Assistant City Manager 297,175
City Manager’s Office Advocacy Contracts – State &
Federal
250,000
Planning Savings from reclassifications (81,591)
TOTAL $ 3,531,929
Packet Pg.
916
Additional Priorities
Items “In the Hopper,” unfunded, and anticipated in FY
2023/24 or 2024/25
Item Amount Timing
Park Ranger Program 505,900 FY 2024/25
Additional Security Costs – Estimate 1,256,000 FY 2023/24 One Stop Shop – Additional Cost of Buildout 400,000 Mid-Year ADA Master Plan, Phase 1 500,000 Mid-Year
Bridge Master Plan 500,000 Mid-Year
Preliminary Engineering and Space Study – City Hall 300,000 FY 2023/24 TOTAL $ 3,461,900
Packet Pg.
917
Discussion
Packet Pg.
918
1 5
8 0
DISCUSSION
City of San Bernardino
Request for Council Action
Date: September 6, 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: Mount Vernon Avenue Viaduct - Amendment No. 3 to Cooperative Agreement No. 16-1001477 (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-145 authorizing the City Manager to execute Amendment No. 3 to Cooperative Agreement No. 16-1001477 with the San Bernardino County Transportation Authority (SBCTA) for the Environmental Clearance, Preliminary Design, Right-of-Way, and Design-Build Phases for the Mount Vernon Avenue Viaduct Project (Project), to increase the funding by an estimated amount of $13,331,534, to address the project extension and costs escalation during the Design-Build phase for a total Project cost of $244,811,419.
Executive Summary:
Approval of Amendment No. 3 will allow execution of the design-build contract to proceed with the completion of the project. Utility, right-of-way, and railroad facility relocation issues have delayed the Project by approximately 13 months. The cost associated with these delays is significantly higher than contingency available, creating a funding shortfall. The total budget shortfall is estimated to be $13,331,534 (Resolution No. 2023-146 - Attachment 1). This amount includes the funding needed for construction and project management.
Background
The Mt. Vernon Bridge is 1,016 feet long and spans over 20 train tracks. Three of the tracks are owned by Metrolink and carry 60 passenger trains per day. Two of the tracks are used by AMTRAK which run two trains per day under the bridge. The remainder of the tracks are owned by the Burlington Northern Santa Fe Railroad (BNSF). BNSF operates three transcontinental tracks which carry 80 transcontinental trains per day. BNSF has six intermodal strip tracks that operate 24 hours a day, seven days a week, and carry an average of 12 trains per day. A total of 154 trains operate underneath the bridge every day.
Packet Pg.
919
1 5
8 0
Replacement of the Mt. Vernon Bridge, which was built in 1934, has been a high priority for the City for more than 18 years. In 1997, the California Department of Transportation (Caltrans) inspectors determined that the bridge had a sufficiency rating less than 50 out of a possible 100. Bridges rated less than 50 are considered to be structurally deficient and functionally obsolete. In 2015, Federal funding in the amount of $92 million for replacement of the bridge was approved by Caltrans.
Although this is a City project, San Bernardino County Transportation Authority (SBCTA) took over management of the Mount Vernon Avenue Viaduct Project (Project) in 2016. This Project includes demolishing the existing bridge over the BNSF Railway main tracks and intermodal yard and replacing it with a new bridge which meets current design and safety standards. Cooperative Agreement No. 16- 1001477 with the City, which addresses the Environmental Clearance, Preliminary Design and Right-of-Way (ROW) phases, provided for SBCTA to become the lead agency on the project and for project funding through Federal Highway Bridge Program (HBP) funds, Public Share funding through Measure I Arterial Sub- program funds, and the City’s local share to be funded through Developer Impact Fees (DIF).
Measure I funding is the City’s formula share of the Arterial Sub-program of the county-wide half-cent sales tax measure approved by the voters to provide funding for congestion relief and safety improvements to major streets. It is a reimbursement program for projects in the City of San Bernardino identified in the SBCTA Nexus Study for Arterials.
On May 16, 2016, the Mayor and City Council adopted a Resolution approving a Memorandum of Understanding with the SBCTA designating SBCTA as Lead Agency for environmental clearance, design, ROW acquisition and construction of the Mt. Vernon Avenue grade separation over the BNSF Railroad.
On June 16, 2016, Cooperative Agreement No. 16-1001477 was approved specifically authorizing SBCTA to proceed with the environmental clearance, design, and ROW phases of the project. SBCTA has obtained re-certification of the original environmental document and was proceeding with a supplemental environmental document to address the additional project area being acquired north of 4th Street, which was needed for relocated buildings and trailer parking. After the environmental clearance was completed, final design and ROW acquisition could move ahead (Attachment 3).
On September 9, 2018, Amendment No. 1 to the Cooperative Agreement was approved to address the project becoming a design-build project and to clarify roles and responsibilities for the ROW and design build phases. Amendment No. 1 also increased the project cost and funding, increasing the public and City share costs after project buy downs to around $15.8 million, including a $29.5 million contribution from BNSF (Attachment 3).
Packet Pg.
920
1 5
8 0
The project received proposals for the design-build contract and the costs from the lowest responsible, responsive proposer were significantly higher than the engineer’s estimate, creating a funding shortfall. SBCTA and City staff worked with Caltrans to obtain additional project funding and ways to address this shortfall of over $90 million. Through Caltrans delivering additional HBP funds, Highway Infrastructure Program (HIP) funds, and eliminating deferred reimbursement, the project funding shortfall was just over $10 million. This remaining $10 million was proposed to be funded through an increase in the public and local share contributions. The public share is funded by the City’s formula share of Measure I Arterial Sub-program funds and the City share is funded through DIF funds.
Amendment No. 2 revised the funding table in Attachment 5 to reflect the increased project cost and the increased funding contributions from the various parties.
On April 8, 2020, the Mayor and the City Council approved to receive an advance of up to five years of the City’s projected allocations of Measure I Arterial Sub- program funds of $11.8 million in order to assist with completion of the 5-year projects, including an increase in the local funding required to complete the Mount Vernon Bridge Replacement Project.
On May 6, 2020, the Mayor and City Council adopted a Resolution approving Amendment No. 2 to Cooperative Agreement No. 16-1001477 (Attachment 5).
Discussion
The Project proceeded as planned with completion of the demolition of the existing bridge in June 2021. Per the approved schedule, the design-build contractor should have been able to mobilize for bridge construction in December 2022; however, the Project has experienced delays since demolition. The aggregate effect of third-party utility delays, ROW issues, and railroad intermodal yard facility relocation issues has delayed the project by approximately 13 months. The cost associated with these delays is significantly higher than contingency available, creating a funding shortfall.
Staff regularly attended the project meetings and were informed of the schedule delay and potential project cost increase. An estimated cost increase of approximately $12 million was discussed with the City during a meeting in June 2023 as well as the need to expedite approval of the Amendment in July to reduce further delay costs. However, the final cost proposal from the design-builder was not received by SBCTA until July 28, 2023.
On August 1, 2023, staff met with SBCTA to discuss the cost increase, which is based on a Notice-to-Proceed or construction start date of September 11, 2023.
SBCTA scheduled SBCTA Board approval of the Amendment on September 6, 2023. To carry out the planned start date, City Council will need to approve the Amendment at the City Council meeting date of September 6, 2023. The cost is subject to the final start date and will increase if construction is not started on September 11, 2023.
The project cost increase is primarily due to the cost escalation for material supplies and skilled labors. The California Department of General Services reported that new construction costs in California went up 15.22% from June 2021 to June 2022. As a
Packet Pg.
921
1 5
8 0
point of reference, the Bureau of Engineering of City of Los Angeles used construction inflation rate of 15% for FY2022-23. The construction phase of the design-build cost was budgeted at $124.6 million prior to the 13-month delay.
A project shortfall of $14.2 million was presented at the August SBCTA Metro Valley Study Session but was later negotiated down to a lower cost. Because HBP funds are capped for the project, all cost increases must be funded by the City. Staff has been working with SBCTA to examine various funding options to address this shortfall that is now estimated at $13,331,534 through an increase in the Public Share (City’s Measure I Arterial Funds) and City Share (DIF) contributions.
Additionally, the Project required short-term financing for delays in reimbursement of HBP funds in the amount of $1,734,894, which will be fully reimbursable by HBP funds.
The funding plan requires the City to take advantage of the previously approved five-year advance of the City’s projected allocations of Measure I Arterial Sub- Program funds through 2034. However, this advance can fund both the Public Share and the City Share (through a separate term loan agreement) while allowing the other major street projects to be completed by 2029. The loan for the City Share will be paid back to the Arterial Sub-program fund as uncommitted DIF funds are collected. Although the funding plan will commit all of the Measure I Arterial Sub- program funds the City is projected to receive through 2034, it will provide funding to complete the four major street projects in the program in the next five years, as shown in Table 1. City staff will return to City Council at a later date for approval of the term loan agreement.
Table 1 - San Bernardino Arterial Program Projection
There will be no impact to existing arterial projects through 2029, but it does limit the City’s ability to fund new projects with Measure I Arterial funds through 2034. It’s important to note, for new major street projects, City staff may perform the planning and design of new projects and start the construction when additional Measure I Arterial Sub-program funds become available. This is expected in 2035 based on the funding projections, but this date could be earlier if the City pays the loans using DIF funds. The City may also identify additional projects in the term loan agreement that would take priority over the repayment of Measure I funds, but those funds would not be available until 2035 if any additional projects are prioritized.
The total project cost is estimated to be $244,811,419. The City’s share to date is $39,245,048 (including the $13.33 million), which is 16% of the total project Cost. A Project Measure IPriorMeasure IFY 23/24Measure IFY 24/25Measure IFY 25/26Measure IFY 26/27Measure IFY 27/28MIMeasure ITotalReconstruct Mt Vernon Bridge to 4 lanes (before cost increase) 1,015,0131,745,6865,466,9521,100,892009,328,543Widen "H" St from Kendall Dr to 40th St from 2 to 4 lanes 1,025,980000797,6802,704,0004,527,660Widen State Street from 16th St to Baseline St from 0 to 4 lanes6,038,062000006,038,062Widen 40th St from Acre Ln to Electric Ave from 2 to 4 lanes1,645,675000866,5603,380,0005,892,2359,724,7301,745,6865,466,9521,100,8921,664,2406,084,00025,786,500
Packet Pg.
922
1 5
8 0
total of $205,566,371 has been contributed to the project through a combination of Federal, State, and BNSF funding.
Tables 2 and 3 include the costs associate with Amendment No. 3 and the total cost of the project including all previously approved Amendments.
Table 2 - Cost Increase for Delay and Escalation Cost
Table 3 - Cost Estimate Detail Thru Amendment 3
2021-2025 Strategic Targets and Goals
Authorization of this amendment aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize risk and litigation exposure. This project will construct public infrastructure in the City that will minimize the risk and ligation exposure upon completion of the bridge improvements.
Fiscal Impact
The Public Share is funded by the City’s equitable share of Measure I Arterial Sub- program funds and the City share is funded through DIF funds. Amendment No. 3 revises the funding table in Attachment A to the Cooperative Agreement to reflect the increased project costs and the increased funding contributions from the various parties. This plan requires advancement of the City’s projected allocations of Measure I Arterial Sub-program funds and a term loan agreement to loan Measure I Arterial Sub-program funds to the DIF fund to be repaid with future uncommitted DIF.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No.2023-145 authorizing the City Manager to execute Amendment No. 3 to Cooperative Agreement No. 16-1001477 with the San Bernardino County Transportation Authority (SBCTA) for the Environmental Clearance, Preliminary Design, Right-of-Way, and Design-Build Phases for the Mount Vernon Avenue Viaduct Project (Project), to increase the funding by an estimated amount of $13,331,534, to address the project extension and costs escalation during the Design-Build phase for a total Project cost of $244,811,419.
Attachments
Attachment 1 Resolution No. 2023-145
Attachment 2 Amendment No. 3 to Cooperative Agreement No. 16-1001477 Attachment 3 Cooperative Agreement 16-1001477
TOTALFEDERAL HBP FEDERAL HIPSTATE PROP 1BBNSFPUBLIC SHARE (MEASURE I)CITY SHARE (DIF)Project Cost $12,831,534($23,258,651)$23,495,394$8,514,079$4,080,712Project Management $500,000$500,000Financing Cost $1,734,894$1,498,151$160,038$76,705Subtotal Amendment 3$15,066,428($21,760,500)$23,495,394$0$0$8,674,117$4,657,417Grand Total thru Amendment 3$244,811,419$149,118,307$23,495,394$3,452,670$29,500,000$24,839,652$14,405,396TOTALFEDERAL HBP FEDERAL HIPSTATE PROP 1BBNSFPUBLIC SHARE (MEASURE I)CITY SHARE (DIF)Project Cost $240,576,525$147,620,156$23,495,394$3,452,670$29,500,000$24,679,614$11,828,691Project Management $2,500,000$0$0$0$0$2,500,000Financing Cost $1,734,894$1,498,151$0$0$0$160,038$76,705Total $244,811,419$149,118,307$23,495,394$3,452,670$29,500,000$24,839,652$14,405,396
Packet Pg.
923
1 5
8 0
Attachment 4 Amendment No. 1 to Cooperative Agreement No. 16-1001477 Attachment 5 Amendment No. 2 to Cooperative Agreement No. 16-1001477 Ward:
First Ward
Synopsis of Previous Council Actions:
May 16, 2016 Resolution No. 2016-109 approving a MOU with SBCTA, designating SBCTA as Lead Agency.
June 16, 2016 Mayor and City Council approved Cooperative Agreement No. 16-1001477 between City of San Bernardino and SBCTA to
proceed with environmental clearance, design, and right-of- way phases of the Project.
September 9, 2018 Resolution No. 2018-257 approving Amendment No. 1 to Cooperative Agreement No. 16-1001477.
April 8, 2020 Mayor and City Council approved to borrow up to five years of the City share of Measure I funds to assist with completion of the project.
May 6, 2020 Resolution No. 2020-78 approving Amendment No. 2 to Cooperative Agreement No. 16-1001477.
Packet Pg.
924
Resolution No. 2023-145
Resolution 2023-145
September 6, 2023
3 3
3 3
RESOLUTION NO. 2023-145
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AMENDMENT NO. 3 TO COOPERATIVE
AGREEMENT NO. 16-1001477 (AGREEMENT) WITH THE
SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA) FOR ROLES AND
RESPONSIBILITIES FOR THE MT. VERNON AVENUE
VIADUCT PROJECT (PROJECT) TO INCREASE SBCTA
AND CITY DEVELOPER IMPACT FEES (DIF) BY A TOTAL
OF $13,331,534 FOR A NEW SBCTA SHARE OF $8,674,116
AND DIF SHARE FUNDING OF $4,657,418 TO COVER
PROJECT FUNDING SHORTFALLS DUE TO COST
ESCALATION IN MATERIAL SUPPLIES AND LABOR
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 3
WHEREAS, the replacement of the Mt Vernon Avenue bridge has been a high priority transportation project for the City for over 18 years; and WHEREAS, on June 6, 2016, the Mayor and City Council entered into Cooperative Agreement No. 16-1001477 (Agreement) with San Bernardino County Transportation Authority (SBCTA), establishing SBCTA as the lead agency on the Mt. Vernon Avenue Viaduct Project (“Project”); and
WHEREAS, the Agreement delineates roles, and provides for project funding through Federal Highway Bridge Program (HBP) funds, public share funding through San Bernardino’s Measure I Arterial funds, and the City’s local share funding through Developer Impact Fees (DIF); and
WHEREAS, Amendment No. 1 to the Agreement, effective September 9, 2018, added in the design-build phase of work, clarified right of way activities, and revised the funding table in Attachment A to the Agreement; and
WHEREAS, the Project has now received proposals for the design-build contract and the costs from the lowest responsible, responsive proposer were significantly higher than the engineer’s estimate, creating a funding shortfall; and
WHEREAS, Amendment No. 2 to the Agreement effective May 6, 2020 the City and SBCTA agreed to provide additional funding of $10,127,219; and WHEREAS, the Project delay caused extension costs when concurrent activities became sequential; and
WHEREAS, the Project extension and escalation costs significantly exceed the planned funding; and
Packet Pg.
925
Resolution No. 2023-145
Resolution 2023-145
September 6, 2023
3 3
3 3
WHEREAS, the City and SBCTA agree to provide additional funding in the amount of $13,331,534 to fully fund the Project and reflect these added funding contributions in a revised funding table as part of an amendment to this Agreement.
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 City Manager is hereby authorized and directed to sign and execute Amendment No. 3 to Cooperative Agreement No. 16-1001477 with the San Bernardino County Transportation Authority (SBCTA) to increase SBCTA and City developer impact fees (DIF) by a total of $13,331,534 a copy of which is attached as Exhibit “A” and incorporated herein.
SECTION 3.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the by the Mayor and City Council and signed by the Mayor and attested by the Acting City Clerk this 6th day of September, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
_________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
City Attorney
Packet Pg.
926
Resolution No. 2023-145
Resolution 2023-145
September 6, 2023
3 3
3 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-145, adopted at a regular meeting held at the 6th day of September, 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
Packet Pg.
927
16-1001477-03 Page 1 of 4
AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO. 16-1001477
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
ENVIRONMENTAL CLEARANCE, PRELIMINARY DESIGN, RIGHT-OF-WAY (ROW), AND DESIGN-BUILD PHASES FOR THE MOUNT VERNON AVENUE
VIADUCT OVER BNSF RAILWAY INTERMODAL YARD IN THE CITY OF SAN
BERNARDINO
THIS Amendment No. 3 ("Amendment") to COOPERATIVE AGREEMENT 16-1001477 ("Agreement") is made and entered into by and between the San B ernardino County Transportation Authority ("SBCTA" ) and the City of SAN BERNARDI NO ("CITY"). SBCTA and CITY may be referred to individually as a "Party" and collectively as "Parties".
WHEREAS, the Parties consider the PROJECT to be a high priority and are willing to participate in funding the PROJECT pursuant to the provisions o f Measure I 2010-2040 Expenditure Plan and the SBCTA Nexus Study ("Nexus Study") prep ared by the SBCTA and approved by the SBCTA Board of Directors on November 6, 2013, and
WHEREAS, the Parties entered into the Agreement in 2016 to delineate roles, responsibilities, and funding commitments relative to the Envir onmental Clearance, Design and Right-of-Way (ROW) phases of the PROJECT before delivery of the PROJECT through design- build method was contemplated or authorized, and
WHEREAS, the Parties amended the Agreement on October 26, 2018, to add the design- build phase of work, clarify right of way activities, and revise the funding table in Attachment A, and
WHEREAS, the Parties amended the Agreement on June 30, 2020 , to address the lowest responsible design-build proposer costs that exceeded the engin eer’s estimate and to revise the funding table in Attachment A, and
WHEREAS, the PROJECT delay caused extensi on costs when concurrent activi ties became sequential, and
WHEREAS, the PROJECT extension and escalation costs significantly exceed the planned funding specified in Attachment A, and
Packet Pg.
928
16-1001477-03 Page 2 of 4
WHEREAS, the Parties agree to provide additional funding of $14,200,000 to fully fund the PROJECT and reflect these a dded funding contributions in a revised funding table as part of an amendment to this Agreement;
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein, the Parties agree to amend Agreement as follows:
1. Section I.G shall be deleted and replaced in its entirety with the following:
G. To contribute towards the cost of Environmental Clearance, Preliminary Design, ROW, and Design-Build phases of PROJECT and any financing costs associated with the delivery of these phases of PROJECT in an amount not to exceed $25,426,7 35 (the Public Share amount) as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the estimates provided m Attachment A, however, under no c ircumstance is the total combined SBCTA contribution to exceed $25,426,735 without an am endment to this Agreement.
2. Section II.A, is deleted and replaced in its entirety with the following:
A. To reimburse SBCTA for its share of the actual costs incurred e stimated at $14,686,779 towards the Environmental Clearance, Preliminary Design, ROW and Design-Build phases of the PROJECT and any financing costs associated with the deliver y of these phases of the PROJECT, which includes $2,500,000 towards Project Management, as shown in Attachment A. If payment is not made within sixty (60) days of the invoice date, SBCTA will withhold CITY's Measure I Local Street Program pass through funds in the invoice amount. As CITY makes payments toward the current amount due, the withheld pass through funds will be released to CITY. The actual cost of a specific phase may ultim ately vary from the estimates provided in Attachment A, however, under no circumstance is the total combined CITY contribution to exceed $14,686,779 (the Development Share amoun t) without an amendment to this Agreement.
3. All other conditions of the Agr eement and its Amendments remain in full force and effect except as amended above.
(Signature page to follow)
Packet Pg.
929
16-1001477-03 Page 3 of 4
SIGNATURE PAGE TO
AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO. 16-1001477
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
S A N B E R N A R D I N O C O U N T Y C I T Y O F S A N B E R N A R D I N O
TRANSPORTATION AUTHORITY
By: __________________________ B y : _ _ _ _ _ _ _ ___________ Raymond W. Wolfe C h a r l e s E . M c N e e l y E x e c u t i v e D i r e c t o r I n t e r i m C i t y M a n a g e r
Date:___________________ D a t e : ___________________
A P P R O V E D A S T O F O R M : ATTEST
By:_____________________
G e noveva Rocha
By: ____________________________ C i t y C l e r k
J u l i a n n a K . T i l l q u i s t
G e n e r a l C o u n s e l A P P R O V E D A S T O F O R M :
B y : _ _ _ _ _ _ _ _ _____________
S o n i a R . C a r v a l h o
C i t y A t t o r n e y
Packet Pg.
930
16-1001477-03 Page 4 of 4
Attachment A
PROJECT DESCRIPTION
The CITY of San Bernardino and SBCTA propose to remove and repl ace the existing Mount Vernon Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard. I t is intended that SBCTA serves as the lead for the Environmental Clearance, Preliminary Design, R OW and Design-Build phases of the work.
PROJECT FUNDING TABLE
Public Share: 67.6%
Nexus Development Impact Fee Share (“DIF”, “Development Share” or “Local Share”): 32.4%
PHASE TOTAL
BEFORE PROJECT BUY DOWN INCLUDING PROJECT BUY DOWNS
SBCTA SHARE
(PUBLIC)
CITY SHARE
(DIF)
FEDERAL
HBP BUY
DOWN1
FEDERAL
HIP BUY
DOWN
PROP 1B/
BNSF 2
SBCTA
SHARE
(PUBLIC)3
CITY
SHARE
(DIF)4
ENVIRONMENTAL
CLEARANCE AND
PRELIMINARY
DESIGN
$21,640,334 $14,628,866 $7,011,468 $10,804,497 $0 $0 $7,3 25,026 $3,510,811 RIGHT OF WAY $71,021,833 $48,010,759 $23,011,074 $58,785,820 $0 $8,486,6 50 $2,534,569 $1,214,794
PROJECT AND
CONSTRUCTION
MANAGEMENT
$10,503,629 $7,100,453 $3,403,176 $6,696,002 $1,123,463 $1, 013,095 $1,129,642 $541,426
DESIGN-BUILD
CON PHASE $138,279,195 $93,476,736 $44,802,459 $71,333,836 $22,371,931 $23,452,925 $14,277,460 $6,843,043
PROJECT
MANAGEMENT $2,500,000 $2,500,000 $0 $0 $0 $0 $2,500,000
FINANCING
COSTS $1,734,894 $1,172,788 $562,106 $1,498,151 $0 $0 $160,038 $76,705 TOTAL $245,679,885 $164,389,602 $81,290,283 $149,118,307 $23,495, 394 $32,952,670 $25,426,735 $14,686,779
*Numbers may not add exactly due to rounding
Notes
1 Federal Highway Bridge Program (HBP) funds are capped at $147,620,156 for Project Costs and $4,101,614 for Financing Costs.
2. State Proposition 1B Bond funds in the amount of $3,452,670 and BNSF in-kind match in the amount of $29,500,000 will provide a portion of the required HBP and HIP match funds in the Right of Way and Construction Phases.
3 Public Share is from the CITY share of Measure I Major Street Program – Arterial Subprogram funds.
4 A deposit of $905,891 from the CITY Development Share has been received to date under Agreement 16-1001477.
Packet Pg.
931
I
RESOLUTION NO. 2016- 109
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING CONTRACT NO. 16- 1001477, 3 COOPERATIVE AGREEMENT WITH THE SAN BERNARDINO ASSOCIATED 4 GOVERNMENTS ( SANBAG) FOR THE DEVELOPMENT OF THE MOUNT
VERNON AVENUE GRADE SEPARATION OVER THE BNSF RAILWAY
5 INTERMODAL YARD PROJECT ( SSO4- 12).
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 8 SECTION 1. The City Manageris hereby authorizedand directedto executeon 9 behalfof theCity, ContractNo. 16-1001477, CooperativeAgreementwith theSanBernardino 10 Associated Governments ( SANBAG) for the Development of the Mount Vernon Avenue 11 Grade Separation over the BNSF Railway Intermodal Yard Project ( SSO4- 12), attached hereto 12 as Exhibit " A".
13 14 SECTION 2. The authorization to execute the above-referenced Agreements is 15 rescindedif they arenot executedwithin ninety (90) daysof thepassageof this Resolution. 16 17
18 19
20 21
22 23
24 25
26 27
28 1
Packet Pg.
932
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING CONTRACT NO. 16- 1001477, COOPERATIVE 2 AGREEMENT WITH THE SAN BERNARDINO ASSOCIATED GOVERNMENTS
SANBAG) FOR THE DEVELOPMENT OF THE MOUNT VERNON AVENUE 3 GRADE SEPARATION OVER THE BNSF RAILWAY INTERMODAL YARD 4 PROJECT ( SSO4- 12).
5 I HEREBYCERTIFYthattheforegoingResolutionwasduly adoptedby theMayor 6 andCommonCouncilof theCityof SanBernardinoatajoint regularmeetingthereof, heldon 7 the 6th
dayof June, 2016, by thefollowing vote, to wit:
8 9
Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 BARRIOS X
12 VALDIVIA X
13 SHORETT X
14 15
NICKEL X
16 RICHARD X
17 MULVIHILL X
18 19
GeorggOnnHanna, CL94C, City Clerk
20 21 The foregoing Resolution is herebyapproved this - — day of June, 2016. 22 r
23 fL
R. Carey Dav' , Mayor
24 City of San ernardino
25 Approved as to form:
GaryD. Saenz, City Attorney
26 27 B
28 2
Packet Pg.
933
2016- 109
COOPERATIVE AGREEMENT NO. 16- 1001477
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
ENVIRONMENTAL CLEARANCE, DESIGN AND RIGHT- OF-WAY ( ROW) PHASES
FOR THE MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILWAY
INTERMODAL YARD IN THE CITY OF SAN BERNARDINO
THIS COOPERATIVE AGREEMENT (" Agreement") is made and entered into by and between the San Bernardino County Transportation Authority ( hereinafter referred to as " SANBAG") and the City of SAN BERNARDINO (" CITY'), ( SANBAG and CITY may be referredto herein asa Party" andcollectively "Parties").
WHEREAS, CITY intends to remove and replacethe existing Mount Vernon Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard; and WHEREAS, planned improvements include removal and replacement of the Viaduct Bridge and improvements to existing streets, storm drains, traffic signals, BNSF Railway IntermodalYard, andrelatedwork necessitatedby thebridgeremovalandreplacementandis defined as the " PROJECT"; and
WHEREAS, the Parties consider the PROJECT to be a high priority and are willing to participatein fundingthe PROJECTpursuantto the provisionsof Measure1 2010-2040 Expenditure Plan and the SANBAG Nexus Study (" Nexus Study") prepared by the San Bernardino Associated Governments (" SANBAG"), and approved by the SANBAG Board of Directors on November 6, 2013; and
WHEREAS, the Parties wish to enter into this agreement to delineate roles, responsibilities, andfundingcommitmentsrelativetotheEnvironmentalClearance, Designand Right-of-Way (ROW)phasesof thePROJECT; and
WHEREAS, the ConstructionPhaseof thePROJECTwill becoveredaspartof a future cooperative agreement; and
16- 1001477 Page 1 of 13
Packet Pg.
934
2016- 109
WHEREAS, the CITY had previously completed preliminary engineering and obtained Environmental Clearance from Caltrans in June of 2011, however a revalidation of the EnvironmentalClearancemayberequiredduringfinal design; and WHEREAS, Stateand/or Federal funds are anticipatedto be usedto fund a portion of PROJECT; and
WHEREAS, the CITY had previouslyprocuredthe servicesof AECOMTechnical Services, Inc. ( AECOM) for designandROW servicesMay 6, 2013, underCITY 2013-81 with AECOM for the environmentalrevalidation, designandROW servicesfor the Mount Vernon Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard Project ( SERVICES AGREEMENT) andhad progresseddesignto approximatelya 30percentlevel; and WHEREAS, the professional services provided by AECOM will be required through Environmental Clearance, Design, ROW and Construction phasesof the Project; and WHEREAS, CITY, SANBAG and AECOM have negotiated the terms of an Assignment and Assumption Agreement ( Authority Contract No. 16- 1001511) under which CITY assigns and SANBAG assumesCITY' s rights, obligations and responsibilitiesunder the SERVICES AGREEMENT, to which AECOM has given its consent; and
WHEREAS, the Assignment and Assumption Agreement will be effective only upon CITY andSANBAGentryinto this AgreementandAuthority's receiptof anAuthorizationto Proceed ( E- 76) for the Federal Highway Bridge Program ( HBP) funding used to fund the SERVICES AGREEMENT; and
WHEREAS, the CITY desiresSANBAG to provide project managementservicesfor the Environmental Clearance, Design and ROW phasesof the Project, and understandsit is the CITY' s sole responsibility to pay 100% of actual SANBAG Project Management costs in accordancewith SANBAG MeasureI StrategicPlanPolicy 40006/VMS- 29 and -30; and NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein, the Parties agree as follows:
I. SANBAG RESPONSIBILITIES
SANBAG agrees:
A. To becomeleadagencyonEnvironmentalClearance, DesignandROWphasesandprovide Project Management Services and to diligently undertake and complete these phasesof work on the PROJECT, including the selection and retention of consultants. Performance of servicesunder these consultant contracts shall be subject to the technical direction of SANBAG'sDirectorof ProjectDelivery, or his designee, with inputandconsultationfrom CITY.
16- 1001477 Page 2 of 13
Packet Pg.
935
ZU16- lUy
B. To provideall necessaryROWservicesto acquirerights-of-wayfor PROJECTthrough negotiatedpurchasesof property, orif necessary, throughEminentDomain. If necessary,the San Bernardino County Transportation Commission ( Commission) will conduct the Resolutionsof Necessityhearingsandacquirepropertyin thenameof Commissionfor purposesof construction of the PROJECT and convey such property, or portions thereof, to CITY. The interest conveyed to the CITY shall be a permanent easement or other required instrument for public street and/ or utility purposes.
C. To make reasonableefforts to relocate businessesaffected by the PROJECT within the boundaries of the CITY to the extent feasible.
D. To identifytheutilitieswithinthePROJECTareaandcoordinatewith utility companiesto determine their location, and if necessary, their relocation.
E. To obtain, as a PROJECT cost, all necessary PROJECT permits, agreements and/ or approvals from appropriate agencies. All mitigation, monitoring, and/ or remedial action requiredbysaidpermitsand/oragreementsshallconstitutepartof thePROJECTcost.
F. To have the Environmental Clearance, Design and ROW documentsand drawings of civil, structural, mechanical, electrical, architectural, or other engineering features of PROJECT preparedby or underthedirectionof engineersorarchitectsregisteredandlicensedin the applicable professional field in the State of California. Any engineering reports and each sheet of plans and specifications for PROJECT shall bear the professional seal, certificate number, registration classification, expiration date certificate, and signature of the professional engineer responsible for their preparation.
G. To contributetowardsthe cost of EnvironmentalClearance, Design and ROW phasesof PROJECT in an amount not to exceed $ 846, 858 ( the Public Share amount) as shown in AttachmentA. The actual cost of a specific phasemay ultimately vary from the estimates providedin AttachmentA, however, underno circumstancesis thetotal combinedSANBAG contribution to exceed $846,858 without an amendment to this Agreement.
H. To prepareand submit to CITY an original and two copies of signed invoices for reimbursement of eligible PROJECT expenses. Invoices may be submitted to CITY as frequently as monthly.
I. To establish and maintain an accounting system conforming to Generally Accepted AccountingPrinciples (GAAP) to supportSANBAG'srequestforreimbursement, payment vouchers, or invoices which segregate and accumulate costs of Project Management, Environmental Clearance, Design and ROW work elements and produce monthly reports whichclearlyidentifyreimbursablecosts, matchingfundcosts, indirectcostallocation, and other allowable expendituresby SANBAG.
16- 1001477 Page 3 of 13
Packet Pg.
936
2016- 109
J. To preparea final accountingof expenditures, including a final invoice for the Project Management, Environmental Clearance, Design and ROW. The final accounting and invoice shall be submittedno later than one hundredandtwenty (120) calendardaysfollowing the completion of work and shall be submitted to CITY. The invoice shall include a statement that the PROJECT funds were used in conformancewith this Agreement and for those PROJECT- specific Project Management, Environmental Clearance, Design and ROW work activities.
K. To cooperatein havinga PROJECT-specificauditcompletedby CITY, at its option, upon completion of the Project Management, Environmental Clearance, Design and ROW work.
Theauditshouldjustify andvalidatethatall fundsexpendedonthePROJECTwereusedin conformance with this Agreement.
L. To reimburse CITY for costs that are determinedby subsequentaudit to be unallowable withinninety (90) calendardaysof SANBAGreceivingnoticeof auditfindings, whichtime shall include an opportunity for SANBAG to respond to and/ or resolve the finding. Should thefindingnot beotherwiseresolvedandSANBAGfails to reimbursemoniesdueCITY within ninety (90) calendardaysof audit finding, or within suchotherperiodasmay be agreed between both Parties hereto, CITY reserves the right to withhold future payments due SANBAG from any source under CITY' s control.
M. To include CITY in Project Development Team ( PDT) meetings and related communications on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and action items.
N. To provide submittals to the CITY at appropriate stagesof PROJECT development and to provideanopportunityfor CITY to reviewandcommentontheprovideddocuments.
O. SANBAG and its consultants shall apply for encroachment permits authorizing entry of SANBAG and its consultants onto CITY right of way to perform investigative activities, includingsurveyingandgeotechnicalborings, requiredbythePROJECT.
P. To maintain all source documents, books and records connected with SANBAG' s performance under this Agreement for a minimum of five ( 5) years from the date of the Final Report of Expenditures submittal to CITY or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representativesof CITY. Copies will be made and furnished by SANBAG upon request.
Q. To address, priorto incorporationinto theproject, anyrequestsmadeby theCITY for any betterments and/or additional work and the source of funding of same under separate agreements or amendments to this agreement approved between Parties.
R. To obtain funding obligation ( i. e., FNM- 76/ E- 76), as needed, from Caltrans Local Assistance.
16- 1001477 Page 4 of 13
Packet Pg.
937
2016- 109
II. CITY RESPONSIBILITIES
CITY agrees:
A. To reimburse SANBAG for its share of the actual costs incurred estimated at $ 905, 891 towardsthe EnvironmentalClearance, DesignandROWphasesof the PROJECT, which includes $500,000towardsProjectManagement, asshownin AttachmentA. Theactualcost of a specificphasemayultimatelyvaryfromtheestimatesprovidedin AttachmentA, however, under no circumstancesis the total combined CITY contribution to exceed 905,891 (theDevelopmentShareamount)withoutanamendmenttothisAgreement.
B. TopaytoSANBAGadepositof$905,891.00fortheCITYDevelopmentShareamountforthese project phases as noted in the project funding table in Attachment A. City shall make depositpaymentnolaterthanthirty (30) calendardaysafterSANBAGinvoicesCITY. After Partiesagreethatall workis complete, SANBAGwill submitafinalaccountingfor all costs for all phases covered in this Agreement. Based on the final accounting, SANBAG will refundto the CITY as necessaryin orderto satisfythe financialcommitmentsof this Agreement for CITY' s Development Share amount.
C. SANBAG will havethe right to withdraw fundsfor all eligible PROJECTexpendituresasset forthinthisAgreement, includingeligiblePROJECTexpenditurespriortoCITY'sdepositof funds. AnyunusedfundsandallinterestaccruedwillbereturnedtoCITY.
D. ToprovideSANBAGwithall procurementdocumentationfor theCityof SanBernardino Contract2013-81 with AECOM for the designandROWservicesfor the MountVernon AvenueViaductBridgeovertheBNSFRailwayIntermodalYardProject.
E. Whenconductinganauditof thecostsclaimedundertheprovisionsofthisAgreement, to relytothemaximumextentpossibleonanypriorauditof SANBAGperformedpursuantto the provisions of State and Federal laws. In the absenceof such an audit, work of other auditorswill berelieduponto theextentthatworkis acceptableto CITY whenplanningon conducting additional audits.
F. Todesignatearesponsiblestaffmemberthatwill beCITY'srepresentativein attendingthe PDT meetings, receiving day-to- day communication and reviewing the PROJECT documents.
G. TocompletereviewandprovidecommentsonPROJECTsubmittalsto SANBAGwithin20 working days after the submittal is received by the CITY. If comments are not provided by the
20th
workingday, SANBAGwilldeemthesubmittalsapprovedbyCITYandshallnotify CITY of its intention to move forward with PROJECT execution. The CITY agrees the submittals may be in the form of plans, specifications, estimates, reports, studies, environmentaldocumentsor otherPROJECTrelatedsubmittalsrequiringCITY reviewand comment.
16- 1001477 Page 5 of 13
Packet Pg.
938
2016- 109
H. That the final plans and specifications shall be approved by the CITY. The City Engineer shall be the PROJECT Designated Engineer as defined by Local Assistance of the State of California Department of Transportation.
1. To provide at no cost to SANBAG existing improvement plans, and standard plans and specifications.
J. To acceptall PROJECTacquiredrights-of-way locatedwithin CITY's jurisdictional boundaries upon completion of construction. The City Council of San Bernardino, by approvalof this Agreement, authorizesand directsthe City Clerk to executean acceptance, in substantialconformancewith the form attachedhereto asAttachment B, within thirty ( 30) daysof receiptof a quit claim deedfrom SANBAG conveyingits interestsin suchacquired rights- of- way.
K. Intentionally Omitted.
L. To provide any CITY requiredpermits, inspections, reviews, acceptanceof the transferof title of properties and oversight at no cost to SANBAG or to consultants and contractors contractedby SANBAG for thework of thePROJECT.
M. To provide SANBAG copies of the franchise/utility agreementsfor the utilities in the PROJECT area for the purposes of determining prior rights and estimating utility relocation costs.
N. To assist SANBAG as requested, and when necessary, exercise its rights under utility relocation law or under any franchiseagreement, to causeeachutility to relocateor rearrange its utility facilities.
O. CITY's City Engineeris authorizedto act on behalfof CITY underthis Sectionof the Agreement.
III. MUTUAL RESPONSIBILITIES AND AGREEMENT
The Parties agree:
A. To abideby all applicableFederal, StateandLocal laws, regulations, policies, procedures andstandardspertainingtothePROJECT, includingpoliciesintheapplicableprograminthe Measure 12010- 2040 Strategic Plan, as amended, as of the Effective Date of this Agreement.
B. Intheeventthatanyfederalor statefundsthatareclassifiedasfundsthatbuydownthetotal cost of the PROJECT, per San Bernardino Valley Subarea ( VS) Measure 1 2010- 2040 StrategicPlanPolicy40001.IV.1.1, areused, thePartiesacknowledgethe federalor state fundswill be usedto reduceDevelopmentShareandPublic Share, asdefinedin Attachment A, proportionally. In addition, in the event SANBAG determines Project Management, EnvironmentalClearance, DesignandROW workmay exceedthe total amountidentifiedin 16- 1001477 Page 6 of 13
Packet Pg.
939
2016- 109
AttachmentA of this Agreement, SANBAGshallinform CITY of this determinationand thereafterthe Parties shall work togetherin an attemptto agreeupon an amendmentto the amounts identified this Agreement. In no event, however, shall any of the Parties be responsiblefor PROJECTcostsin excessof thetotalamountidentifiedin this Agreement absenta written amendmentthat is approvedby all Parties.
C. EligiblePROJECTreimbursementsshallincludeonlythosecostsincurredby SANBAGfor PROJECT-specificworkactivitiesthataredescribedin thisAgreementandshallnotinclude escalation or interest. SANBAGPolicy40006NMS25furtherdefineseligibleROWwork regardinglandandappliesto thisAgreement.
D. In the eventthat federalfundsareusedin anyphaseof work, the Partiesacknowledge FederalHighwayAdministration (FHWA) requiresthatthePROJECTmustprogressto a capitalphase (ROW) withintenyearsor thefederalfundsmayberequiredto berepaidto FHWA. Shouldrepaymentberequired, andis aresultof thePROJECTnotprogressingby choice, it shallbetheresponsibilityofthePartythatdeterminesit isunabletomoveforward withthePROJECT. If it ismutuallydecidedthatthePROJECTwill notmoveforwardthen repaymentofanyfederalfundsusedforPublicSharewillbetheresponsibilityofSANBAG andanyfederalfundsusedfortheLocalSharewillbetheresponsibilityofCITY.
E. This Agreement is expressly subordinated to any bonds, notes, certificates, or other evidences of indebtedness involved in bond financings as are now outstanding or as may hereafter be issued by SANBAG.
F. CITY, independentof PROJECT, is responsiblefor anyhazardousmaterial (includingbut not limited to hazardouswaste) foundwithin PROJECTlimits that mayrequireremovaland disposal pursuant to federal or state law. SANBAG will undertake hazardous material managementactivitieswith minimumimpactto PROJECTschedule. CITY will payall costs associatedwithhazardousmaterialactivitiesincludingmanagementcostsof SANBAG.
G. The CITY is the PROJECTowner, operatorandmaintainerof the existing and proposed improvementsandthis Agreementdoesnot transferownershipto SANBAGnor doesit transferanylegalresponsibilitiesassociatedwith ownership, operationandmaintenanceof the existing andfuture improvements.
H. EnvironmentalClearanceis assumedto consistof a revalidationof the Environmental Clearance the CITY received from Caltrans in June of 2011. In the event that a revalidation is determinedto not be sufficientbasedon currentPROJECTrequirements, Partiesshall reviewscopeandcostof suchworkfor EnvironmentalClearanceandamendthisAgreement if additionalcostwill resultin exceedingfundinglimitsof eachParty.
1. TheDesignphaseof thePROJECTshallbeperformedin accordancewith CITY standards and practices. Theconstructionbid packagewill bebasedonthefollowingstandardsbut not be limited to:
a. StandardSpecificationsfor Public Works Construction(Greenbook) 16- 1001477 Page 7 of 13
Packet Pg.
940
2016- 109
b. Standard Plans for Public Works Construction
c. City Standard Specifications
d. City Standard Plans
e. Caltrans Bridge Standard Plans and Specifications
f. AASHTO Geometric Design of Highways and Streets and other AASHTO Standards g. BNSF/ UP RailRoad Standard Plans and Specifications h. Other applicable standard plans and specifications
J. If SANBAG is to be reimbursed from state or federal funds that are provided by CITY for Project Management, Environmental Clearance, Design and ROW work and SANBAG administersthosefunds, then SANBAG will draw from thosefunds without invoicing CITY.
K. NeitherSANBAG nor anyofficer, director, employeeor agentthereofis responsiblefor any injury, damageor liability occurringor arisingbyreasonof anythingdoneoromittedto be doneby CITY underor in connectionwith anywork, authorityorjurisdictiondelegatedto CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section895.4, CITY shallfully defend, indemnifyandsaveharmlessSANBAG, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and descriptionbrought for or on accountof injury (asdefined by GovernmentCode Section 810.8) occurringby reasonof anythingdoneor omittedto bedoneby CITY or its officers, directors, employees, agents, volunteers and contractors under or in connection with any work, authorityorjurisdiction delegatedto CITY underthis Agreement.
L. Neither CITY nor any officer, director, employeeor agentthereof is responsiblefor any injury, damageor liability occurringor arisingby reasonof anythingdoneor omittedto be doneby SANBAGunderor in connectionwith anywork, authorityorjurisdictiondelegated to SANBAG under this Agreement. It is understood and agreed that, pursuant to GovernmentCode Section 895.4, SANBAG shall fully defend, indemnify and saveharmless CITY, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury ( as defined by Government Code Section 810. 8) occurring by reasonof anything done or omitted to be done by SANBAG or their officers, directors, employees, agents, volunteers and contractors under or in connectionwith any work, authority or jurisdiction delegatedto SANBAG under this Agreement.
M. This Agreement will terminate upon completion of ( 1) SANBAG' s management of the Environmental Clearance, Design and ROW phases of the PROJECT, final property disposition, PROJECT closeout and reimbursement of eligible costs by CITY to SANBAG, or ( 2) December 31, 2020, whichever is earlier in time, unless otherwise extended by agreement, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement.
N. Shouldanyclaimsarisingout of this Agreementbe assertedagainstoneof theParties, the Parties agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid.
16- 1001477 Page 8 of 13
Packet Pg.
941
2016- 109
O. Notwithstandingany otherprovisionherein, to the extentconsistentwith thetermsand obligationshereof, any Party may terminatethis Agreementat any time, with or without cause, by giving thirty ( 30) calendar days written notice to all the other Parties. In the event of atermination, thePartyterminatingthisAgreementshallbeliablefor anycostsor other obligationsit mayhaveincurredunderthetermsoftheAgreementpriorto termination.
P. All signatoriesheretowarrantthattheyareduly authorizedto executethis Agreementon behalfof saidPartiesandthatby executingthisAgreement; thePartiesheretoareformally bound to this Agreement.
Q. Exceptonsubjectspreemptedbyfederallaw, thisAgreementshallbegovernedbyandconstrued in accordance with the laws of the State of California. All Parties agree to follow all local, state, countyandfederallawsandordinanceswithrespecttoperformanceunderthis Agreement.
R. ThePartiesagreethateachPartyandanyauthorizedrepresentative, designatedin writingto theParties, anduponreasonablenotice, shallhavetherightduringnormalbusinesshoursto examineall Parties' financialbooksandrecordswith respectto this Agreement. TheParties agreeto retaintheirbooksandrecordsfor a periodof five (5) yearsfrom the laterof a) the dateonwhichthis Agreementterminates; or b) thedateon which suchbook or recordwas created.
S. If anyclauseorprovisionofthisAgreementisfullyandfinallydeterminedbyacourtofcompetent jurisdiction to be illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the Partiesthat the illegal, invalid or unenforceable clauseor provision shall be deemedseveredfrom this Agreementand the remainderof this Agreement shall not be affected but shall remain in full force and effect.
T. ThisAgreementcannotbeamendedor modifiedin anywayexceptin writing, signedby all Parties hereto.
U. Neither this Agreement, nor any of the Parties' rights, obligations, duties, or authority hereundermaybe assignedin wholeor in partby eitherPartywithouttheprior written consent of the other Party in its sole, and absolute, discretion. Any such attempt of assignment shall be deemed void and of no force and effect.
V. Nowaiverofanydefaultshallconstituteawaiverof anyotherdefaultwhetherofthesameor other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performedbyaPartyshallgivetheotherPartyanycontractualrightsbycustom, estoppel, or otherwise.
W. IntheeventoflitigationarisingfromthisAgreement, eachPartytothisAgreementshallbear its own costs, including attorney( s) fees. This paragraph shall not apply to the costs or attorney(s) feesrelativetoparagraphsK andL of thisSection.
X. This Agreementmay be signedin counterparts, eachof which shall constituteanoriginal. 16- 1001477 Page 9 of 13
Packet Pg.
942
2016- 109
Y. CITYandSANBAGrepresentthattheyhavesufficientinsurancecoveragefor purposesof ProfessionalLiability, GeneralLiability, AutomobileLiabilityandWorkers' Compensation andwarrantthatthroughtheirrespectiveinsuranceprograms,theyhaveadequatecoverageor resourcesto protect againstliabilities arising out of the performanceof the terms, conditions or obligations of this Agreement.
Z. Attachment A ( Project Description and Project Funding Table) and Attachment B ( Quit Claim DeedCertification) areattachedto andincorporatedinto this Agreement.
AA. The Recitalsareincorporatedinto andmadeapart of this Agreement.
BB. Anynoticerequired, authorizedor permittedto begivenhereunderor anyother communicationsbetweenthePartiesprovidedforunderthetermsof thisAgreementshallbe in writing, unlessotherwiseprovidedforherein, andshallbeservedpersonallyorby reputablecourierorbyfacsimileaddressedtotherelevantpartyattheaddress/faxnumber stated below:
If to SANBAG: Garry Cohoe
Director of Project Delivery
1170 West Third Street, Second Floor
San Bernardino, CA 92410- 1715
Telephone: ( 909) 884- 8276
If to CITY:
City Engineer
300 North" D" Street, 3`a
Floor
San Bernardino, CA 92418
Telephone: ( 909) 384- 5190
IN WITNESSTHEREOF, this Agreementhasbeenexecutedby the Partiesheretoandis effective on the date signed by SANBAG.
SIGNATURES ON FOLLOWING PAGE:
16- 1001477 Page 10 of 13
Packet Pg.
943
2016- 109
SIGNATURE PAGE TO
COOPERATIVE AGREEMENT NO. 16- 1001477
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION AUTHORITY
By: By: Attz AA -
Robcrt A. Lovingood
Mark Scott
President, Board of Directors City Manager
Date: Date: 4 y1 4—/ 11
APPROVED AS TO FORM AND APPROVED AS TO FORM:
PROCEDURE: GaryD. Saenz, City Attorney
By: B .
Eileen Monaghan Teichert
General Counsel
By:
Jeffery
Procurement Manager
16- 1001477 Page 11 of 13
Packet Pg.
944
2016- 109
SIGNATURE PAGE TO
COOPERATIVE AGREEMENT NO. 16- 1001477
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPOR— T-ATION AUTHO TY
By By:
Ro rt" A. L ' v-!(-.- good Mark Scott
President,. Bo d of Directors City Manager
Date: ?'( o'" o Date: •- — i
APPROVED AS TO FORM AND APPROVED AS TO FORM:
PROCEDURE: GaryD. Saenz, City Attorney
By: b B
Eil n Monag Teichert
General Counsel
By:
Jeffe
Procure ent Manager
16- 1001477 Page 11 of 13
Packet Pg.
945
2016- 109
Attachment A
PROJECT DESCRIPTION
TheCITYof SanBernardinoandSANBAGproposetoremoveandreplacetheexistingMount VernonAvenueViaductBridgeovertheBNSFRailwayIntermodalYard. It is intendedthat SANBAGservesastheleadfor theEnvironmentalClearance, DesignandROWphasesof the work.
PROJECT FUNDING TABLE
Public Share: 67. 6%
Nexus Development Impact Fee Share (" DIF", " Development Share" or" Local Share"): 32. 4%
BEFORE PROJECT INCLUDING PROJECT BUY
BUY DOWN DOWNS
PHASE TOTAL SANBAG CITY Federal SANBAG CITY
SHARE SHARE HBP BUY SHARE SHARE
Public) DIF) DOWN' ( Public)_ ( DIF
ENVIRONMENTAL
CLEARANCE AND 7, 384, 265 $ 4, 991, 763 $ 2, 392, 502 $ 6, 537, 290 $ 572, 555 $ 274, 420 DESIGN
RIGHT OF WAY 3, 537, 700 $ 2, 391, 485 $ 1, 146, 215 $ 3, 131, 926 $ 274, 303 $ 131, 471 PROJECT 500, 000 0 $ 500, 000 0 0 $ 500, 000
MANAGEMENT'
TOTAL 11, 421, 965 $ 7, 383, 248 $ 4, 038, 717 $ 9, 669, 216 $ 846, 858 $ 905, 891 Notes
1FederalHighwayBridgeProgram (HBP) funds
2ProjectManagementcostassumesarevalidationof the2011EnvironmentalClearance Contract No. 16- 1001477
Packet Pg.
946
2016- 109
Attachment B
CITY OF SAN BERNARDINO
300 N. " D" STREET
SAN BERNARDINO, CALIFORNIA 92401
QUIT CLAIM DEED CERTIFICATION
California Government Code 27281
Thisis to certifythattherealpropertyconveyedby theattachedinstrumentdated 20_ from the San Bernardino County Transportation Commission, a California transportation commission, as Grantor to the City of as Grantee, is herebyacceptedbyorderoftheCityCounciloftheCityofSanBernardino, CountyofSan Bernardino, Stateof California, asthegoverningboardof saidgrantee, andconsentsto the recordationthereofby its duly authorizedofficer.
Date: By:
Name:
Title:
ATTEST:
City Clerk
City of SanBernardino
Contract No. 16- 1001477
Packet Pg.
947
Packet Pg.
948
Packet Pg.
949
Packet Pg.
950
Packet Pg.
951
Packet Pg.
952
Packet Pg.
953
Packet Pg.
954
Packet Pg.
955
Packet Pg.
956
Packet Pg.
957
Packet Pg.
958
Packet Pg.
959
Packet Pg.
960
Packet Pg.
961
16-1001477-02 Page 1 of 4
AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. 16-1001477
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
FOR
ENVIRONMENTAL CLEARANCE, PRELIMINARY DESIGN, RIGHT-OF-WAY (ROW), AND DESIGN-BUILD PHASES FOR THE MOUNT VERNON AVENUE
VIADUCT OVER BNSF RAILWAY INTERMODAL YARD IN THE CITY OF SAN
BERNARDINO
THIS Amendment No. 2 (“Amendment”) to COOPERATIVE AGREEMENT 16-1001477 (“Agreement”) is made and entered into by and between the San Bernardino County Transportation Authority ( “SBCTA”) and the City of SAN BERNARDINO (“CITY”). SBCTA and CITY may be referred to individually as a “Party” and collectively as “Parties”.
WHEREAS, the Parties consider the PROJECT to be a high priority and are willing to participate in funding the PROJECT pursuant to the provisions of Measure I 2010- 2040 Expenditure Plan and the SBCTA Nexus Study (“Nexus Study”) prepared by the SBCTA and approved by the SBCTA Board of Directors on November 6, 2013; and
WHEREAS, the Parties enter ed into the Agreement in 2016 to delineate roles, responsibilities, and funding commitments relative to the Environmental Clearance, Design and Right-of-Way (ROW) phases of the PROJECT before delivery of the PROJECT through design- build method was contemplated or authorized; and
WHEREAS, the Parties amended the Agreement on October 26, 2018, to add in the design-build phase of work, clarify right of way activities , and revise the funding table in Attachment A; and
WHEREAS, the lowest responsible, responsive proposer ’s costs significantly exceeded the engineer’s estimate and planned funding specified in Attachment A; and
WHEREAS, Parties have worked with the Califo rnia Department of Transportation, to obtain additional project funding, but there is still a shortfall of $10,127,219 to fully fund the project; and
Packet Pg.
962
16-1001477-02 Page 2 of 4
WHEREAS, the Parties agree to provide additional funding of $10,127,219 to fully fund the project and ref lect these added funding contributions in a revised funding table as part of an amendment to this Agreement;
NOW, THEREFORE , in consideration of the foregoing recitals and the mutual promises herein, the Parties agree to amend Agreement as follows:
1. Section 1, item G shall be deleted and replaced in its entirety with the following:
G. To contribute towards the cost of Environmental Clearance, Preliminary Design, ROW, and Design-Build phases of PROJECT and any financing costs associated with the deli very of these phases of PROJECT in an amount not to exceed $16,165,535 (the Public Share amount) as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A, however, under no circumstance i s the total combined SBCTA contribution to exceed $16,165,535 without an amendment to this Agreement.
2. Section II, article A, is deleted and replaced in its entirety with the following:
A. To reimburse SBCTA for its share of the actual costs incurred es timated at $ 9,747,979 towards the Environmental Clearance, Preliminary Design, ROW and Design-Build phases of the PROJECT and any financing costs associated with the delivery of these phases of the PROJECT, which includes $2,000,000 towards Project Management, as shown in Attachment A. If payment is not made within sixty (60) days of the invoice date, SBCTA will withhold CI TY’s Measure I Local Street Program pass through funds in the invoice amount. As CITY makes payments toward the current amount due, the withheld pass through funds will be released to CITY. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A, however, under no circumstance is the total combined CITY contribution to exceed $9,747,979 (the Development S hare amount) without an amendment to this Agreement.
3. All other conditions of the Agreement and its Amendment 1 remain in full force and effect except as amended above.
(Signature page to follow)
Packet Pg.
963
16-1001477-02 Page 3 of 4
SIGNATURE PAGE TO
AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. 16-1001477
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN BERNARDINO
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION AUTHORITY
By: ____________________________ By:___________________ Darcy McNaboe Teri Ledoux
President, Board of Directors City Manager
Date:___________________ Date:___________________
APPROVED AS TO FORM: ATTEST
By:_____________________
Georgeann Hanna
By:_____________________ City Clerk
Julianna K. Tillquist
General Counsel APPROVED AS TO FORM:
CONCURRENCE:
By:_____________________ By:_____________________
Jeffery Hill Sonia /R. Carvalho
Procurement Manager City Attorney
Packet Pg.
964
Contract No. 16-1001477-02
Attachment A
PROJECT DESCRIPTION
The CITY of San Bernardino and SBCTA propose to remove and replace the existing Mount Vernon Avenue Viaduct Bridge over the BNSF Railway Intermodal Yard. It is intended that SBCTA serves as the lead for the Environmental Clearance, Preliminary Design, ROW and Design-Build phases of the work.
PROJECT FUNDING TABLE
Public Share: 67.6%
Nexus Development Impact Fee Share (“DIF”, “Development Share” or “Local Share”): 32.4%
PHASE TOTAL
BEFORE PROJECT BUY
DOWN INCLUDING PROJECT BUY DOWNS
SBCTA
SHARE
(Public)
CITY
SHARE
(DIF)
Federal HBP
BUY
DOWN1
Prop
1B/BNSF
Contribution2
SBCTA
SHARE
(Public)3
CITY
SHARE
(DIF)4
ENVIRONMENTAL
CLEARANCE AND
PRELIMINARY
DESIGN
$7,819,638 $5,265,244 $2,523,579 $6,895,445 $893,378 $20,831 $9,984 RIGHT OF WAY $72,060,000 $48,712,560 $23,347,440 $58,571,448 $13,488,552 $0 $0 DESIGN-BUILD $147,865,353 $99,956,979 $47,908,374 $105,411,914 $18,570,740 $16,144,705 $7,737,994
PROJECT
MANAGEMENT5
$2,000,000 $0 $2,000,000 $0 $0 $0 $2,000,000
TOTAL $229,744,991 $153,955,614 $75,789,377 $170,878,807 $32,952,670 $16,165,535 $9,747,979 *Numbers may not add exactly due to rounding
Notes
1 Federal Highway Bridge Program (HBP) funds are capped at $170,878,807. State Proposition 1B Bond funds in the amount of $3,452,670 will provide a portion of the required HBP match funds .
2 BNSF Contribution is estimated at $29.5 million. BNSF Contribution is expected to provide HBP match of
11.47% and, depending on the terms of agreements to be developed with the State on the use of HBP funds, may be used for Financing Costs and, lastly, Project Management costs. Any BNSF Contribution remaining after funding all other eligible costs will buy down the cost of the Design-Build Phase before application of the HBP Share.
3 Public Share is from the CITY share of Measure I Major Street Program – Arterial Subprogram funds.
4 A deposit of $905,891 from the CITY Development Share has been received to date under Agreement 16-1001477.
5 Depending on terms of agreements to be developed with the State on the use of HBP funds, BNSF contribution may be applied to Project Management costs after meeting all HBP match requirements for the PROJECT.
Packet Pg.
965
1 5
6 7
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: September 6, 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: Conduct Public Hearing and Introduction of an
Ordinance to Grant a Franchise to Southern California
Gas Company (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions:
1. Find that the proposed ordinance is not a project subject to California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378 and that the proposed action is exempt from CEQA pursuant to State CEQA Guidelines Section 15061 (b)(3); and
2. Conduct a public hearing to receive comments on the proposed franchise agreement with Southern California Gas Company.
3. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1621 to grant a franchise to Southern California Edison Gas Company.
Executive Summary
Staff is recommending the Council take actions to grant a municipal utility franchise agreement to Southern California Edison Gas Company (SCG) to provide utility services. The 20-year agreement would be effective on October 4, 2023, and expire on October 4, 2043. Under the terms in the agreement (consistent with the California Public Utilities Commission guidelines) SCG will pay the city a franchise fee of 2% and relocate its facilities at no cost to the City when in conflict with public construction projects. There is no fiscal impact associated with this action. The City currently receives an average of $700,000 in revenue annually.
Packet Pg.
966
1 5
6 7
Background
In September 2003, the City entered into a 20-year franchise agreement with SCG.
Ordinance No. MC-1149 was adopted by the City Council on August 4, 2003, with an expiration date of September 4, 2023.
In January 2023, SCG contacted City staff with a proposal to execute a new utility franchise agreement within the incorporated City limits in accordance with Section 6261 of the California Public Utilities Code. The length of the proposed franchise spans across a 20-year term and will be effective 30 days following adoption of the proposed Ordinance on October 4, 2023. SCG filed an application with the City Clerk for a gas franchise and submitted a request for a license. They completed the application in July 2023.
The City accepted the SCG’s application at the August 2, 2023 City Council meeting and enacted the resolution of intention to grant a gas franchise, and approved the license agreement. The license extended the terms of the existing franchise agreement for up to 120 days, providing time for a new agreement to be completed.
Discussion
A municipal utility franchise agreement is a contract between a City and a utility service provider that includes terms and conditions under which the service provider may install infrastructure in public rights-of-way to provide utility services.
The proposed franchise includes a 20-year term, with an effective date of October 4, 2023. The agreement allows the utility to construct, maintain and operate its natural gas system in the City-owned public rights-of-way. In exchange, the agreement requires SCG to pay the City gross receipts from the sale of gas, which is a fee that is equal to the higher of:
•Two percent (2%) of the gross annual receipts of the grantee derived from the use, operation or possession of this franchise
•Two percent (2%) of the gross annual receipts of the grantee derived from the sale, transmission, or distribution of gas within the limits of the City under this franchise.
The franchise fee is determined by Public Utilities Code Section 6231 (c). The agreement also requires SCG to relocate its facilities, at no cost to the City, when in conflict with public construction projects. The average annual revenue generated from this Franchise over the last 5 fiscal years is approximately $700,000.
SoCalGas rates are regulated and approved by the California Public Utilities Commission (CPUC). The Current Charges on a bill are based on four components:
•Customer Charge – Based on days of service.
•Gas Transportation Cost – The cost to deliver natural gas. •Gas Commodity – The cost of natural gas purchased by SoCalGas on behalf
Packet Pg.
967
1 5
6 7
of its customers.
•Taxes and Fees – Includes the CPUC mandated Public Purpose Surcharge and any state or local fees and taxes.
As currently drafted, no additional Franchise line item would be added to customers’ bills and the Utility Users Tax (UUT) will not change.
The general rule of State CEQA Guidelines Section 15061 (b)(3), is that CEQA (California Environmental Quality Act) applies only to projects which have the potential for causing a significant effect on the environment. The planned actions are exempt from those terms. The proposed Ordinance is not a project subject to the California Environmental Quality Act in accordance with Section 21 065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and15378. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.4: Economic Growth & Development.
The proposed franchise is consistent with the Council's goals to maintain fiscal responsibility and stability; to improve, maintain and enhance public facilities and infrastructure; to support and promote the quality of life and local economy; and to ensure public safety.
Fiscal Impact
There is no impact to the General Fund associated with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions:
1. Find that the proposed ordinance is not a project subject to California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378 and that the proposed action is exempt from CEQA pursuant to State CEQA Guidelines Section 15061 (b)(3); and
2. Conduct a public hearing to receive comments on the proposed franchise agreement with Southern California Gas Company.
3. Introduce, read by title only, and waive further reading of Ordinance No. MC- XXXX to grant a franchise to Southern California Edison Gas Company.
Attachments
Attachment 1 Ordinance No. MC-1621
Attachment 2 Ordinance No. MC-1149
Ward:
All Wards
Packet Pg.
968
1 5
6 7
Synopsis of Previous Council Actions:
August 2, 2023 Mayor and City Council formally accepted SCG’s application for franchise, enacted the resolution of intention to grant a gas franchise, and approved the license agreement.
August 4, 2003 Mayor and City Council adopted Ordinance No. MC-1149.
Packet Pg.
969
Ordinance No. MC-1621
1 3
1 8
6 ORDINANCE NO. MC-1621
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
GRANTING TO SOUTHERN CALIFORNIA GAS
COMPANY, A CORPORATION, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO
LAY AND USE PIPES AND APPURTENANCES FOR
TRANSMITTING AND DISTRIBUTING GAS FOR ANY
AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON
THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS
THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN
SAID MUNICIPALITY.
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, California Public Utilities Code Section 6202 provides that the legislative body of a municipality may grant a franchise to any corporation to lay and use pipe and appurtenances for transmitting and distributing gas under and along public streets within the municipality; and
WHEREAS, California Public Utilities Code Section 6231(c) provides a formula for the amount the grantee shall pay to the municipality during the life of the franchise; and WHEREAS, the City Council adopted Ordinance No. MC-1149 adopted on August 4, 2003 and effective as of September 4, 2003, granting a franchise to Southern California Gas Company for the transportation and distribution of gas (“Prior Franchise”); and WHEREAS, the Prior Franchise with Southern California Gas Company expires on September 4, 2023, and the City desires to grant a new franchise to Southern California Gas Company; and
WHEREAS, the City Council duly held a public hearing to receive any protests regarding the proposed Southern California Gas Company franchise agreement on September 6, 2023; and WHEREAS, the City Council finds that it is in the public interest of its citizens to enter into a new franchise agreement with Southern California Gas Company; and WHEREAS, the proposed renewed franchise agreement sets the franchise fee at two percent (2%) of Southern California Gas Company’s gross revenues arising from this franchise agreement.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO UNDER AND PURSUANT TO DIVISION 3, CHAPTER 2 OF THE
PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, DO HEREBY GRANT
TO SOUTHERN CALIFORNIA GAS COMPANY A RENEWED FRANCHISE
Packet Pg.
970
Ordinance No. MC-1621
2 3
1 8
6 AGREEMENT UPON THE FOLLOWING TERMS AND CONDITIONS:
SECTION ONE
The above recitals are true and correct and are incorporated herein by this reference.
Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning):
(a) The word "Grantee" shall mean Southern California Gas Company, and its lawful successors or assigns;
(b) The word "City" shall mean the City of San Bernardino, a Charter City and a municipal corporation of the State of California, in its present incorporated form or in any later reorganized. consolidated or reincorporated form;
(c) The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City;
(d) The word "Engineer” shall mean the City Engineer;
(e) The word "franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places in the City, as more fully set forth in Section 2(a) below;
(f) The word "gas" shall mean natural or manufactured gas, or a mixture of natural and manufactured gas;
(g) The phrase "pipes and appurtenances" shall mean pipe, pipeline, cable, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, adjunct communications line, appurtenance and any other property located or to be located in, upon, along, across, under or over the streets of the City, and used or useful in, or in carrying on the business of, transmitting and distributing gas; and
Packet Pg.
971
Ordinance No. MC-1621
3 3
1 8
6 (h) The phrase "lay and use" shall mean to lay construct, erect, install, operate, maintain, use, repair, replace, or remove.
(i) The phrase "adjunct communications line" shall mean any facility such as coaxial cable, optical fiber, wire or other transmission lines or forms of transmission, and associated equipment and devices located in, upon, along, across, under or over the streets of the City, the sole function of which is to monitor or control the operation or safety of the gas system facilities via the distribution of video, audio, voice or data signals. An adjunct communications line shall not include any facility which distributes, through any means, to subscribers or persons other than grantee, the signal of one or more broadcast television or radio stations or other sources of video. audio. voice or data signals for a length in excess of 1,000 feet.
SECTION TWO
(a) That the right, privilege and franchise, subject to each and all of the terms and conditions contained in this ordinance, and pursuant to Chapter 14.04 (Sections 14.04.010-
14.04.030) of the San Bernardino Municipal Code, is hereby granted to Grantee to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes, under, along, across or upon the streets of the City. Any proposed telecommunication or other non-gas system uses must be approved by the City under a separate franchise or other applicable City permit.
(b) The term or period of this franchise shall be twenty (20) years from and after the effective date hereof; that is to say, this franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by its possessor, or until the State of California or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this franchise, and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until this franchise shall be forfeited for noncompliance with its terms by the possessor thereof.
Packet Pg.
972
Ordinance No. MC-1621
4 3
1 8
6 (c) City shall have the right to terminate this Franchise by ordinance, at any time, should any of the following events occur: (i) the Grantee fails to comply with any material provision hereof or (ii) the City purchases (through its power of eminent domain or otherwise) all of the franchise property of Grantee. The Grantee shall be given thirty (30) days written notice prior to the beginning of any termination proceeding.
SECTION THREE
(a) The Grantee shall pay to the City at the times hereinafter specified, in lawful money of the United States, a total annual Franchise Fee, calculated in the following manner:
(i) Gross Receipts from the Sale of Gas. A fee that is equal to the higher of:
(A) Two percent (2%) of the gross annual receipts of the Grantee derived from the use, operation or possession of this franchise (Broughton Act Formula); or,
(B) Two percent (2%) of the gross annual receipts of the Grantee derived from the sale, transmission, or distribution of gas within the limits of the City under this franchise.
(C) In the event the legislature amends the Franchise Act of 1937 (Public Utilities Code §6201-6302) or enacts any other state law which increases the franchise payment to cities to a level greater than that provided in this Section 3(a), then the City shall have the option of prospectively employing the legislative formula, which shall apply for the remaining term of this agreement instead of the payments set forth in Section 3(a) herein. If the City exercises said option, the legislative formula shall be prospectively applied hereto on the later of the effective date of the legislation or January l of the calendar year in which the City exercised said option. (ii) The annual amount of the “municipal public lands use surcharge” applicable to this franchise, as set forth in and calculated pursuant to Division 3, Chapter 2.5
Packet Pg.
973
Ordinance No. MC-1621
5 3
1 8
6 of the California Public Utilities Code (as may be amended from time to time, the “Municipal Public Lands Use Surcharge”).
(b) The Franchise Fee (as described in subsections (a)(i) and (a)(ii) above) shall be paid in four installments, each installment being equal to the amount determined by the applicable gross receipts formula in subsection (a)(i) for the preceding calendar quarter only, plus the amount of the Municipal Public Lands Use Surcharge for the preceding calendar quarter only. Each installment shall be paid to the City on or prior to the twenty-fifth (25th) day of the second month following the respective quarter for which payment is made, except for the final quarterly payment for the year, which shall be paid on or prior to March 31st of the subsequent year. For example, the installment for the first quarter of the year (January through March) shall be paid to the City on or before May 25th. Any overpayment shall be recovered by Grantee by setoff against future installments, or, if the franchise has been terminated, such overpayment, or the balance thereof, shall be payable by City to Grantee upon written demand. Notwithstanding the foregoing, any payments calculated and to be paid under this franchise shall be prorated and setoff against any payments calculated and actually paid or payable under the Prior Franchise for the same period.
SECTION FOUR
(a) Any notices shall be in writing and be delivered by courier service or by certified mail, return receipt requested, or by telecopy with a confirming copy mailed (first class mail) by the next business day, to the other party at the address shown below or at such other address as the party may designate by written notice delivered in the manner provided for herein:
City of San Bernardino
290 N. "D" Street
San Bernardino, CA 92418
Telecopy·. (909) 384-5158
Telephone: (909) 384-5002
Attn: City Clerk
With a copy to City of San Bernardino
290 N. "D" Street
Packet Pg.
974
Ordinance No. MC-1621
6 3
1 8
6 San Bernardino, CA 92418
Telecopy: (909) 384-5138
Telephone: (909) 384-5122
Attn: City Manager
Southern California Gas Company
555 West Fifth Street
Los Angeles, CA 90013·101 l
P.O. Box 3249
Los Angeles, CA 90051 • l 249
Telecopy number: 213-244-8223
Confirmation number: 213-244-5701
Attn: Senior Vice President, Distribution Operations
and a copy to:
Southern California Gas Company
555 West Fifth Street
Los Angeles, CA 90013-1011
P.O. Box 3249
Los Angeles, CA 90051-1249
Telecopy number: 213-244-4997
Confirmation number: 213-244-2528
Attn: Franchise and Fees Manager, Regional Public Affairs (b) This grant is made in lieu of all other franchises owned by the Grantee, or by any successor of the Grantee to any rights under this franchise, for transmitting and distributing gas within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. (c) The Grantee of this franchise shall file with the Clerk of the City within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of the Grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar
Packet Pg.
975
Ordinance No. MC-1621
7 3
1 8
6 year, from the sale of the utility service within the City for which this franchise is granted, and any other information needed to calculate the Franchise Fee in SECTION THREE. Any neglect, omission or refusal by said Grantee to file such verified statement, or to pay said Franchise Fee, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder.
SECTION FIVE
The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the Grantee that if and when the City shall thereafter annex or consolidate with additional territory, any and all franchise rights and privileges owned by the Grantee therein shall likewise be deemed to be abandoned within the limits of the additional territory.
SECTION SIX
The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the Grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to the Grantee; nor shall this franchise ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the Grantee of the necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof.
SECTION SEVEN
The Grantee of this franchise shall:
(a) Construct, install and maintain all pipes and appurtenances in accordance with and in conformity with all of the ordinances, rules and regulations heretofore, or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions
Packet Pg.
976
Ordinance No. MC-1621
8 3
1 8
6 of general laws relating to the location and maintenance of such facilities; (b) Pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this franchise;
(c) Grantee shall also be liable to the City for all damages proximately resulting from the failure of Grantee to observe and perform the provisions of this Franchise. This subsection (c) shall survive the termination or expiration of this Franchise and shall continue for so long as the franchise property of Grantee is located within the City. (d) Grantee shall indemnify, defend and hold harmless City and its officers from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the City for all damages proximately resulting from the failure of said Grantee to well and faithfully observe and perform each and every provision of this franchise and each and every provision of Division 3, Chapter 2 of the Public Utilities Code of the State of California. Grantee acknowledges that any claims, demands, losses, damages, costs, expenses, and legal liability that arise out of, result from, or are in any way connected with the release or spill of any legally designated hazardous material or waste as a result of the use or existence of the pipes and appurtenances that are the subject of this Franchise are expressly within the scope of this indemnity, and that the costs, expenses, and legal liability for environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and fines arising from the violation of any local, state, or federal law or regulation, attorney's fees, disbursements, and other response costs are expressly within the scope of this indemnity. This subsection (d) shall survive the termination or expiration of this Franchise and shall continue for so long as the franchise property of Grantee is located within the City. (e) In the event the use of any franchise property is discontinued, Grantee shall promptly notify the Engineer of any material discontinuance and remove from the street all such discontinued property, unless the Engineer permits such property to be abandoned in place in accordance with the requirements of the Engineer (subject to applicable requirements of the California Public Utilities Commission). After abandonment, at the option of City, Grantee shall
Packet Pg.
977
Ordinance No. MC-1621
9 3
1 8
6 submit to the Engineer, an instrument, reasonably approved by the City and Grantee, transferring to the City the ownership of such franchise property.
(f) City shall have the right to change the grade, width or location of any street, or improve any street in any manner, including but not limited to the laying of any sewer, storm drain, drainage facility, or other pipe, or construct and install any pedestrian tunnel, traffic signal, street lighting facility or other public improvement; provided, however, that nothing herein is intended to expand or limit the duty of Grantee to relocate at its expense under Public Utilities Code Section 6297 or common law, and as such law may change from time to time by judicial interpretation or by statutory enactment. If such work shall require a change in the position or location of any of Grantee's facilities or equipment, Grantee, at its
sole expense, within ninety (90) days after written notice from the Engineer, shall commence the work of doing any and all things to effect such change in position or location in conformity with the Engineer's written instructions.
(g) This franchise may not be transferred (voluntarily, involuntarily, or by operation of law), leased, or assigned by Grantee except by consent in writing of the Common Council, which shall not be unreasonably withheld or unreasonably conditioned and unless the transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms hereof; provided, however, that the foregoing shall not apply to Grantee's inclusion of the franchise as security under a mortgage, deed of trust or other security agreement securing the repayment of bonds or notes. Grantee shall file with the City Clerk and City Administrator of the City within thirty (30) days after any sale, transfer, assignment, or lease of this Franchise, or any part hereof. or of any of the rights or privileges granted hereby, written evidence of the same, certified thereto by the Grantee or its duly authorized officers.
SECTION EIGHT
The City Treasurer, or any certified public accountant. or qualified person designated by the City, at any reasonable time during business hours, may make examination at Grantee's offices of its books, accounts, computerized data, and records, germane to and for the purpose of verifying
Packet Pg.
978
Ordinance No. MC-1621
10 3
1 8
6 the data set forth in the statement required by SECTION FOUR hereof.
SECTION NINE
(a) Any pipes and appurtenances laid, located or maintained under said franchise shall be so placed as not to interfere with the use of the streets by the traveling public or for public purposes to any greater extent than is reasonably necessary; and in laying said pipes and appurtenances, Grantee shall fill the trench and leave the surface of the streets in as good condition as it was prior to excavating for laying said pipes and appurtenances; and any pipes and appurtenances laid or maintained under said franchise shall be laid, located and maintained in conformity with instructions given by and to the satisfaction of the Engineer; and Grantee, its successors and assigns, shall hold the City harmless from all damage resulting from the laying, use or operation of said pipes and appurtenances.
(b) Where it is necessary to lay any underground pipes and appurtenances through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable, as determined by the Engineer, shall be done by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be so done, such work shall be done under a permit to be granted by the Engineer upon application therefor, and Grantee shall restore such street, or portion of street, to as good a condition as existed before such work was done and such restoration shall be completed to the reasonable satisfaction of the Engineer.
SECTION TEN
If any portion of any street shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, Grantee shall, at its own cost and expense, immediately repair any such damage and restore such portion of such damaged street to as good condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his reasonable satisfaction.
Packet Pg.
979
Ordinance No. MC-1621
11 3
1 8
6 SECTION ELEVEN
(a) If the Grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited.
(b) The City may sue in its own name for the forfeiture of this franchise, in the event of noncompliance by the Grantee, its successors or assigns, with any of the conditions thereof. The remedy of forfeiture shall be in addition to any other legal rights, remedies, or causes of action the City may have, including but not limited to, the right to terminate under Section Two (c).
SECTION TWELVE
The Grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; such payment to be made within thirty (30) days after the City shall furnish such Grantee with a written statement of such expenses.
SECTION THIRTEEN
After the publication of this ordinance, the Grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the terms and conditions hereof.
SECTION FOURTEEN
The City Clerk of the City of San Bernardino shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause the same (with a list of the Council members voting for and against) to be published once in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
SECTION FIFTEEN
For purposes of this franchise, the City Council finds that this franchise agreement with
Packet Pg.
980
Ordinance No. MC-1621
12 3
1 8
6 Southern California Gas Company does not constitute a “project” for purposes of the California Environmental Quality Act (Pub. Resources Code, § 21000 et. seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and, therefore, does not require environmental review. Specifically, under State CEQA Guidelines section 15378, “project” does not include administrative activities or government fiscal activities that do not involve any commitment to any specific project which may result in a physical change in the environment. For purposes of this franchise agreement, the City Council further finds that even if this franchise agreement constituted a “project” for purposes of CEQA, the project would be exempt from environmental review under State CEQA Guidelines section 15301 (Existing Facilities), 15320 (Organization of Local Agencies), and 15061(b)(3), which exempts projects for which it can be seen with certainty will not result in significant environmental impacts. None of the exceptions found in State CEQA Guidelines section 15300.2 to the use of these exemptions are present. The City Council hereby directs staff to file a Notice of Exemption with the County Clerk within five (5) working days of the adoption of this Ordinance.
SECTION SIXTEEN
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional or invalid. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION SEVENTEEN
This Ordinance shall take effect thirty (30) days after its adoption.
Packet Pg.
981
Ordinance No. MC-1621
13 3
1 8
6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
City Attorney
Packet Pg.
982
Ordinance No. MC-1621
14 3
1 8
6 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 Ordinance No. MC-_____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the XX day of , 2023. Ordinance No. MC-____ was approve passed and adopted at a regular meeting held the XX day of , 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
Packet Pg.
983
Adopted August 4 2003
Effective September 4 2003
2 ORDINANCE NO MC
1149 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYTHE MAYORAND COMMON COUNCILOF THE CITYOF
SAN BERNARDINODO ORDAINAS
FOLLOWS SECTION
ONE
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
III
27 28 Wheneverin this ordinancethe wordsor phrases hereinafterin this section definedare usedthey shall havethe respectivemeaningsassignedto themin the following definitionsunlessin the given instancethe context whereinthey are used shall clearly importa different
meaning a The word Granteeshall mean Southern CaliforniaGas Company and its lawful successorsor
assigns b The word City shall meanthe Cityof San Bernardinoa Charter City anda municipal corporationof the Stateof Californiain its present incorporatedform or in any later reorganized consolidatedor reincorporated
form c The word streets shall meanthe public streets ways alleysand placesas the same now or may hereafterexist within said City d The word Engineershall meanthe City
Engineer 1
Packet Pg.
984
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYe The word franchiseshall meanand includeany authorization granted hereunderin termsof a franchise privilegepermit licenseor otherwiseto lay and use pipes and appurtenancesfor transmittingand distributinggas for any andall purposesunder along acrossor uponthe public streets ways alleysand placesin the City as more fully set forth in Section Two a
below f The word gas shall mean naturalor manufacturedgas or a mixture of naturaland manufactured
gas g The phrasepipesand appurtenancesshall meanpipe pipeline cable main servicetrap vent vault manhole meter gauge regulatorvalve conduit appliance attachmentadjunct communicationsline appurtenanceand any other property locatedor to be locatedin upon along across underor over the streetsof the City and usedor useful in or in carryingon the businessof transmittingand distributinggas and h The phraselay and use shall meanto lay constructerect install operate maintainuse repair replaceor
remove
III
III
III 2
Packet Pg.
985
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
I AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYi The phrase adjunct communicationsline shall meanany facility such as coaxialcable opticalfiber wire or other transmissionlines or formsof transmission and associated equipmentand devices locatedin upon along across underor over the streets of the City the sole functionof whichis to monitoror controlthe operationor safetyof the gas system facilitiesvia the distributionof video audio voice or data signalsAn adjunct communicationsline shall not includeany facility which distributesthroughany means to subscribersor personsother than granteethe signalof one or more broadcast television or radio stationsor other sourcesof video audio voice or data signalsfor a lengthin excess of 1
000 feet
SECTION TWO a That the right privilege and franchisesubjectto eachandall of the terms and conditionscontainedin this ordinance andpursuantto Chapter14 04 Sections14
04 01014 04 030 ofthe San BernardinoMunicipalCodeis hereby grantedto Granteeto lay and use pipesand appurtenancesfor transmittingand distributinggas for any and all purposesunder along acrossor uponthe streetsof the City Any proposed telecommunicationor other non gas system usesmust be approvedby the City under a separatefranchiseor otherapplicable
City
permit
III III 3
Packet Pg.
986
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYb The termor periodof this franchiseshallbe twenty20 years from and after the effectivedate hereofthatis to say this franchiseshall endurein full force and effect until the same shall with the consentof the Public Utilities Commissionof the State of Californiabe voluntarily surrenderedor abandonedby its possessoror until the State of Californiaor some municipalor public corporation thereuntoduly authorizedby law shall purchaseby voluntary agreementor shall condemnand take underthe powerof eminent domainall propertyactuallyused and usefulin the exercise ofthis franchiseand situated withinthe territoriallimitsof the State municipalor public corporation purchasing or condemningsuch propertyor until this franchiseshallbe forfeitedfor noncompliancewith its termsby the possessor
thereof c City shall havethe rightto terminatethis Franchiseby ordinanceat any time shouldanyof the following events occuri the Granteefailsto complywith any material provision hereof or ii the City purchasesthroughits powerof eminent domain or otherwiseall of the franchise propertyof GranteeThe Granteeshallbe given thirty 30 days written noticepriorto the beginningof any termination proceeding
III
III
III 4
Packet Pg.
987
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
n
l AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
THREE a The Granteeshall payto the Cityat the times hereinafterspecified in lawful moneyof the United Statesa total annual FranchiseFee initially calculatedas of JanuaryI 2003and paidin the following
manner i Gross Receiptsfrom the Saleof GasA fee thatis equalto the higher
of A Two percent2 of the gross annual receiptsof the Grantee derivedfrom the use operationor possessionof this franchise Broughton Act Formula
or B 2 of the gross annual receiptsof the Grantee derivedfrom the sale transmissionor distributionof gas withinthe limitsof the City under this
franchiseC In the eventthe legislature amendsthe FranchiseAct of 1937 Public Utilities Code 962016302 or enacts any otherstate law which increases the franchisepaymentto citiesto a level greaterthan thatprovidedin thisSection3 a then the City shall havethe optionof prospectivelyemploying the legislativeformula which shall applyfor the remainingtermof this agreementinsteadof the paymentsset forthin Section3 a hereinIf the City exercisessaid optionthe legislative formulashallbe prospectivelyapplied heretoon the 5
Packet Pg.
988
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYlaterof the effectivedateof the legislationor JanuaryI of the calendaryear in whichthe City exercisedsaid
option ii The MunicipalPublic LandsUse Surchargeas providedby Public Utilities Code Sections6354 and followingas maybe amendedfrom timeto time b The FranchiseFee as describedin subsectionsa i and a ii above shallbe paidin four installmentseach installmentbeing equalto the total gross receiptsof the preceding calendarquarter employingthe gross receipts formulaplus the amountof the In Lieu Fee for the preceding calendar quarter Each installmentshallbe paidto the City on or priorto the twenty fifth 25thday of the second monthfollowing the respective quarter for whichpaymentis madeexceptfor the final quarterlypaymentfor the year which shall be paid on or prior to March31 st For example the installmentfor the firstquarterof the year January throughMarchshall be paid to the City on May 25th Any overpayment shall be recovered by Granteeby setoff against futureinstallmentsor if the franchise has been terminated such overpaymentor the balancethereofshall be payableby City to Grantee upon
written
demand
III
III
III III 6
Packet Pg.
989
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
FOUR a Any noticesshallbe in writingandbe deliveredby courier serviceor by certifiedmail return receipt requestedor by telecopywitha confirmingcopy mailed first class mailby the next businessdayto the other partyat the address shown belowor at such other addressas the party may designateby written notice deliveredin the manner providedfor
hereinCityof San
Bernardino300 N D
StreetSan BernardinoCA
92418 Telecopy909
384 5158 Telephone
909 384 5002
Attn CityClerk Witha copyto City
of SanBernardino300
N D Street San
Bernardino CA 92418
Telecopy 909 384
5138 Telephone909
384
5122
Attn
City
Administrator
III
III
III III 11 11 11 7
Packet Pg.
990
MC 1l49 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITY
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 III Southern CaliforniaGas
Company555 West Fifth
StreetLos AngelesCA
900131011P O
Box 3249 Los Angeles
CA 90051 1249
Telecopy number 213
244 8223 Confirmationnumber 213 244
5701 AttnSenior Vice
President Distribution Operationsand
a copy to Southern
CaliforniaGas Company555 West
FifthStreetLos Angeles
CA 90013 10 II
P O Box
3249 Los Angeles
CA 90051 1249 Telecopynumber 213 244 4997
Confirmationnumber
213
244 2528
Attn
Fees
and
Tax
Manager
Regional
Public
Affairs
20 III
21 22 III 23 24 25 III III III 26 III 27 28 8
Packet Pg.
991
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYb This grantis madein lieuof all other franchisesownedby the Granteeor by any successorof the Granteeto any rights underthis franchisefor transmitting and distributinggas withinthe limitsof the City as said limits nowor may hereafterexist and the acceptanceof the franchisehereby grantedshall operateas an abandonmentof all such franchiseswithinthe limitsof this City as such limits now or may hereafterexistin lieu of whichthis franchiseis grantedThis grant also supersedesthat certain Resolution 2003 37 granting a revocablelicenseto the SouthernCalifornia Gas Companyfor its operations in the City of San Bernardinoadoptedat the Mayor and CommonCouncilmeeting of January21 2003and the Revocable Licensebetweenthe parties executedpursuantto said Resolutionc TheGranteeof this franchiseshall file with the Clerkof the City withinthree 3 monthsafter theexpirationof the calendaryear or fractional calendar year followingthedate of thegrant of this franchise and withinthree 3 months after the expirationof each and every calendar yearthereaftera duly verified statement showingin detail the total grossreceiptsof the Grantee its successorsor assignsduring the precedingcalendaryear or such fractionalcalendaryear from the sale of the utility service withinthe City for which thisfranchiseis grantedand any other informationneeded to calculate the FranchiseFee in SECTIONTHREE Any neglectomission or refusalby saidGrantee to file such verifiedstatementor to pay said FranchiseFee at the timesor in the manner hereinbeforeprovidedshall be groundsfor the declarationof a forfeitureof this franchiseand of all
rights thereunder 9
Packet Pg.
992
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
FIVE The franchisegranted hereundershall not become effectiveuntil written acceptancethereofshall have been filedby the Grantee thereofwith the Clerkof the City Whenso filed such acceptanceshall constitutea continuing agreementof the Granteethat if and whenthe City shall thereafter annexor consolidatewith additionalterritoryany and all franchiserightsand privilegesownedby the Grantee thereinshall likewisebe deemedto be abandonedwithinthe limitsof the additional
territory SECTION
SIX The franchisegranted hereundershall notin any way or to any extent impair or affectthe rightof the Cityto acquirethe propertyof the Grantee hereof eitherby purchase or throughthe exerciseof the rightof eminent domainand nothing herein containedshall be construedto contractawayor to modifYor to abridge eitherfor a termor in perpetuity the City s right of eminentdomain in respectto the Granteenor shall this franchiseever be given any valuebefore any court or other publicauthorityin anyproceedingof any character in excessofthecost to the Granteeof the necessarypublicationand any othersumpaidby it to the Citythereforat the time of the
acquisition thereof
SECTIONSEVEN TheGranteeof this
franchise shall a constructinstall and maintainall pipes and appurtenances in accordancewithand in conformitywithall of the ordinancesrules and regulations heretofore 10
Packet Pg.
993
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYor hereafteradoptedby the legislativebodyof this Cityin the exerciseof its police powersand notin conflictwith the paramountauthorityof the Stateof Californiaand as to State highwayssubjectto the provisionsof generallaws relatingto the locationand maintenance of such
facilities b payto the City on demandthe costof all repairsto public propertymade necessaryby any operationsof the Granteeunderthis franchise c Granteeshall alsobe liableto the City for all damages proximatelyresultingfrom the failureof Granteeto observeand performthe provisionsof this FranchiseThis subsectionc shall survivethe terminationor expirationof this Franchiseand shall continuefor so longas the franchise propertyof Granteeis located withinthe City d Granteeshall indemnify defendand hold harmlessCity andits officers from any and all liabilityfor damages proximatelyresultingfrom any operationsunder this franchiseand be liableto the City for all damages proximatelyresultingfrom the failure of said Granteeto well and faithfully observeand performeach and every provisionof this franchiseand each and every provisionof Division3 Chapter2 of the Public Utilities Code of the Stateof California Grantee acknowledgesthat any claims demandslosses damagescosts expensesand legal liabilitythat arise out of result from or arein any way connectedwith the releaseor spillof any legally designated hazardous materialor wasteas a resultof the use or existenceof the pipesand appurtenancesthat are the subjectof this Franchise are expresslywithinthe scopeof this indemnityand that the costs expensesand legal liability 11
Packet Pg.
994
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYfor environmental investigationsmonitoring containmentabatementremoval repair cleanup restoration remedialwork penaltiesand fines arising fromthe violationof any local stateor federallaw or regulation attorneys fees disbursementsand other responsecosts are expresslywithin the scopeof this indemnity Thissubsectiond shall survive the terminationor expirationof this Franchiseand shallcontinuefor so long as the franchiseproperty of Grantee is locatedwithin
the Citye In the event the use of any franchiseproperty is discontinuedGrantee shall promptlynotify the Engineerof any materialdiscontinuanceand removefrom the street all such discontinuedpropertyunless the Engineerpermits suchpropertyto be abandonedin place in accordancewith therequirementsof the Engineersubject to applicablerequirementsof the California Public Utilities Commission Afterabandonmentat the option of City Grantee shallsubmitto the Engineer an instrumentreasonablyapprovedby the City and Granteetransferringto the City the ownershipof such franchise propertyf City shall have the right to changethe grade width or location of any street or improve anystreet in any mannerincludingbut not limitedto the laying of any sewer storm drain drainagefacility or otherpipe or constructand install any pedestriantunnel traffic signal street lightingfacility or other public improvement providedhoweverthat nothingherein is intendedto expandor limit the duty of Grantee to relocateat its expense under Public Utilities Code Section6297 or commonlaw and as such law may changefromtime to time by judicialinterpretationor by statutoryenactmentIf such work shall require a changein the position or locationof any of Grantees facilities or equipment Grantee at its 12
Packet Pg.
995
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYsole expense within ninety90 days after written notice from the Engineershall commencethe workof doingany and all thingsto effect such changein positionor location in conformitywith the Engineer s
written instructionsg This franchisemaynot be transferred voluntarilyinvoluntarily or by operationoflaw leasedor assignedby Grantee exceptby consentin writingof the Common Council which shall not be unreasonablywithheldor unreasonably conditionedand unless the transfereeor assigneesthereof shall covenantand agreeto performand be boundby each and all ofthe terms hereof provided howeverthat the foregoingshall not applyto Grantee s inclusionof the franchiseas securityunder a mortgagedeed of trust or other security agreementsecuring the repaymentof bonds or notes Granteeshall file with the City Clerkand CityAdministratorof the City withinthirty30 days after any sale transferassignmentor lease of this Franchiseor any part hereofor of any of the rights or privilegesgranted hereby writtenevidenceof the same certifiedtheretoby the Granteeor its duly
authorized officers
SECTIONEIGHTThe City Treasureror any certified publicaccountantor qualified persondesignatedby the City at any reasonabletime during businesshours may makeexamination at Grantees offices of its booksaccountscomputerizeddata and recordsgermane to and for the purposeof verifyingthe dataset forth in thestatement required by SECTION
FOUR hereo f 13
Packet Pg.
996
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
NINE a Any pipesand appurtenanceslaid locatedor maintainedunder said franchiseshallbe so placedas not to interferewith the use ofthe streetsby the travelingpublicor for public purposesto any greater extent thanis reasonably necessaryandin layingsaid pipesand appurtenancesGranteeshallfill the trenchand leavethe surfaceof the streetsin as good conditionas it was priorto excavatingfor layingsaid pipesand appurtenances and any pipesand appurtenanceslaid or maintainedunder said franchiseshallbe laid located and maintainedin conformitywith instructionsgivenby andto the satisfactionof the Engineerand Granteeits successorsand assignsshall hold the City harmlessfromall damage resultingfrom the laying use or operationof said pipesand appurtenancesb Whereit is necessaryto lay any undergroundpipesand appurtenancesthrough underor acrossany portionof a pavedor macadamizedstreetthe same where practicableand economicallyreasonableas determinedby the Engineershallbe doneby a tunnelor bore so as not to disturbthe foundationof such pavedor macadamizedstreetand in the event that the same cannotbe so done such work shallbe done undera permitto be grantedby the Engineerupon applicationthereforand Granteeshall restoresuch street or portionof streetto as gooda conditionas existed before such work was done and such restorationshallbe completedto the reasonable satisfactionof the Engineer 14
Packet Pg.
997
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYSAND PLACESAS THE
SAME NOW OR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
TENIf any portionof any street shallbe damagedby reasonof defectsin anyof the pipesand appurtenances maintainedor constructedunderthis grantor by reasonof any other cause arising fromthe operationor existenceof any pipesand appurtenances constructed or maintainedunderthis grant Granteeshallat its own cost and expense immediately repairany such damageand restoresuch portionof such damagedstreetto as good condition as existed before such defector other causeof damage occurredsuch workto be done under the directionof the Engineerandto his reasonable
satisfaction SECTION
ELEVEN a If the Granteeof this franchiseshallfail neglector refuseto complywith any ofthe provisionsor conditionshereofand shall not within ten 10 days after written demandfor compliancebeginthe workof complianceor after such beginningshall not prosecutethe same with due diligenceto completionthen the Cityby its legislativebody may
20 declarethis franchise
forfeited
21 22
23 24
25 26
27 28 b The City may suein its own namefor the forfeitureof this franchise in the eventof noncomplianceby the Granteeits successorsor assignswith anyof the conditions thereofThe remedyof forfeitureshallbe in additionto any otherlegal rights remediesor causesof actionthe City may have includingbut not limitedto the right to terminateunder Section Two
c 15
Packet Pg.
998
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYSECTION
TWELVEThe Granteeof this franchiseshall payto the Citya sumof money sufficient to reimburseit for all publication expenses incurredby it in connectionwith the granting ofthis franchisesuch paymentto be made within thirty 30 days after the City shall furnish such Granteewitha written statementof such
expenses SECTION
THIRTEENAfterthe publicationof this ordinancethe Granteeshall file with the City Clerka written acceptanceof the franchisehereby grantedand an agreementto comply with the termsand conditions
hereof SECTION
FOURTEENThe City Clerk shall certifyto the adoptionof this ordinanceand within 15 days afterits adoptionshall causethe same witha list of the Council membersvotingfor and againstto be published oncein The Sun or a newspaperof general circulationin the city of San
Bernardino
III
III
III 16
Packet Pg.
999
MC
1l49
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28 AN ORDINANCEOF THE CITY OF SAN BERNARDINO GRANTING
TO SOUTHERN CALIFORNIAGAS COMPANYA CORPORATION
ITS SUCCESSORSAND ASSIGNSTHE RIGHT PRIVILEGEAND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCESFOR TRANSMITTING
AND DISTRIBUTINGGAS FOR ANY AND ALL PURPOSESUNDER ALONG
ACROSSOR UPON THE PUBLIC STREETSWAYS ALLEYS AND PLACESAS THE
SAME NOWOR MAY HEREAFTEREXIST WITHIN SAID
MUNICIPALITYI HEREBY CERTIFYthat the foregoing ordinancewas duly adoptedby the Mayor
joint and Common Councilof the Cityof San Bernardinoat a regular meeting thereof held on the 4th day of August 2003the followingvoteto
wit COUNCIL MEMBERS AYES NAYS ABSTAIN
ABSENT ESTRADA
X
LONGVILLE
X
MCGINNIS
DERRY
X SUAREZ
X ANDERSON
X
MCCAMMACK
X R
Cl
U The foregoing ordinanceis hereby approvedthis5 tL dayof AUgUR 2003 Approvedas
to Formand legal
content
h VALLESMayor
f San
BernardinoJAMESF
PENMAN CityAttorney
By L
7 o 17
Packet Pg.
1000
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: September 6, 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: Continuation, to January 17, 2024, of 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.
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the continuation of the Proposition 218 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”) to the January 17, 2024, Mayor and City Council Meeting.
Executive Summary
At the direction of the City Council at the July 19, 2023 meeting, staff was directed to provide a rate analysis at a future City Council meeting. To provide a third-party analysis of the two proposed options, Options A and B, staff solicited proposals from Solid Waste Rate consultants. Staff entered into an agreement with R3 Consulting Group, Inc. to conduct the rate analysis. In order to conduct a thorough analysis, staff is requesting a continuation of the Proposition 218 Public Hearing to January 17, 2024.
Background
On July 19, 2023, the City Council continued the Proposition 218 Public Hearing to
Packet Pg.
1001
September 6, 2023. The basis of the continuation was to direct staff to provide an analysis of the proposed rates of Options A and B. The proposed rates for Options A and B are as follows:
Option Proposed Rate
A $36.17
B $30.71
Discussion
To provide a third-party independent rate analysis, staff solicited quotes from rate consultants to review the two rate options. Staff has retained R3 Consulting Group to conduct the rate analysis and provide draft Franchise Agreement Amendment language based on the analysis. The agreement with R3 Consulting Group is in the amount of $35,000 and authorized by the Interim City Manager consistent with the City’s purchasing guidelines.
This requires additional time to finalize the proposed option and to prepare for a thorough presentation on rates for the City Council. Staff intends to provide the City Council with the analysis of the two proposed rates options at the January 17, 2024, meeting.
Staff is working closely with the City Attorney’s office to ensure compliance with the original Proposition 218 notice.
2021-2025 Strategic Targets and Goals
A Public Hearing to consider adjusting the Maximum Permitted Services Rates, as well as the amendment of the Franchise agreement between the City and Burrtec, meets Key Target No. 3c: Improved Quality of Life by evaluating and enhancing the quality of public safety services and Key Target No. 3d: To improve the City’s appearance, cleanliness, and attractiveness.
Fiscal Impact
There will be no costs incurred to the General Fund with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the continuation of the Proposition 218 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”) to the January 17, 2024, Mayor and City Council Meeting.
Ward:
All Wards
Packet Pg.
1002
Synopsis of Previous Council Actions:
January 25, 2016 Resolution of the Mayor and City Council of City of San Bernardino approving a ten-year Exclusive Franchise
Agreement for Integrated Solid Waste Collection, Professing, and Disposal Services with Burrtec Waste Industries, Inc.
December 7, 2022 Notice of Intent to Conduct a Public Hearing on February 15,2023, to Consider Adjusting the Maximum Permitted
Service Rates for Integrated Solid Waste Collection,
Processing and Disposal Services.
May 17, 2023 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.
June 21, 2023 Continuation to July 19, 2023 of a 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.
July 19, 2023 Continuation to September 6, 2023 of a 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.
Packet Pg.
1003