Mayor and City Council
September 6, 2023

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

CITY OF SAN BERNARDINO
AGENDA

FOR THE

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

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, SEPTEMBER 06, 2023
5:30 PM ­ CLOSED SESSION 7:00 PM ­ OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG

Theodore Sanchez Helen Tran

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

Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett

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

COUNCIL MEMBER, WARD 5
Kimberly Calvin

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

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 384­5002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.

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

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

CALL TO ORDER

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

5:30 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION p.13

A) Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Edward Lee v. City of San Bernardino, Workers’ Compensation Case Nos.

ADJ16652155; ADJ16652154; ADJ16652152; and ADJ13431303
ii.) John Diaz v. City of San Bernardino, Workers’ Compensation Case No. ADJ15725143 B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager
C) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6)
Agency designated representatives: Frank Rojas, Koff & Associates; Director of Human Resources
Unrepresented Employee: City Manager
D) CONFERENCE WITH LEGAL COUNSEL­ANTICIPATED LITIGATION (Government Code §54956.9)
Significant exposure to litigation (Number of potential cases): One

7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor and City Council of the City of San Bernardino Page 3

CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation for National Library Card Sign­Up & Literacy Month in the City of San Bernardino – September 2023 (All Wards) p. 14

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE

CONSENT CALENDAR

2. Pre­Approval of Mayor Travel for FY 2023/2024 (All Wards) p. 16 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre­approve the Mayor’s specified travel for Fiscal Year 2023/24.

3. 2023 League of California Cities Annual Conference General Assembly p.39 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on policy proposals to be considered by the 2023 League of California Cities Annual Conference General Assembly.

4. Adopt the Resolutions Associated with the March 5, 2024, City of San Bernardino Primary Municipal Election p. 42
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the Primary Municipal Election on March 5, 2024:

1. Adopt Resolution No. 2023­137 calling for the holding of a Primary Municipal Election to be held on Tuesday March 5, 2024, for the election of certain officers as required by the provisions of the San Bernardino City Charter;

2. Adopt Resolution No. 2023­138 Requesting the Board of Supervisors of the County of San Bernardino consolidate a Primary Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the date pursuant to 10403 of the Elections Code;

3. Adopt Resolution No. 2023­139 adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, March 5, 2024.

5. Approve Technical Corrections to the City of San Bernardino Residency Policy for Elected Officials and Candidates for Elected Office p. 57 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2023­140, Adopting an Amended Residency Policy for Elected Officials and Candidates for Elected Office.

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

6. Approval of the Mayor and City Council Meeting Minutes p. 89 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the minutes from the following meetings: February 1, 2023 Regular Meeting

7. Adoption of Ordinance No. MC­1617 for CFD No. 2019­1 (Maintenance Services), Annexation No. 35 (Ward 2) p. 103
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC­1617 amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2023­2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services).

8. Adoption of Ordinance No. MC­1618 for CFD No. 2019­1 (Maintenance Services) (Annexation 36) (Ward 6) p. 113
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC­1618 amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2023­2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services).

9. Approve the Professional Services Agreement for Security Services and Issuance of a Purchase Order to Redwood Private Security, LP., for FY 2023/24 (Ward 1) p. 123 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023­141 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute the Professional Services Agreement for Security Services between the City of San Bernardino and Redwood Private Security, LP; and

2. Authorize the Agency Director of Administrative Services to amend the FY 2023/24 Budget by appropriating $80,000 from the General Fund to the Community Economic Development Department Professional / Contractual Fund to provide funding for the Professional Services Agreement; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order to Redwood Private Security, LP.

10. Authorization to Proceed with Investigation and Analysis for Proposed Street Vacation of a Portion of Harris Street (Ward 1) p.298
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Harris Street.

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

11. Resolution to Approve the Recognized Obligation Payment Schedule (ROPS) 2024­ 25 A and B (All Wards) p. 341
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting in its capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino:

1. Adopt Resolution No. 2023­142 Approving the Recognized Obligation Payment Schedule (ROPS) 24­25 A and B; and

2. Authorize the City Manager, as the Successor Agency’s Executive Director or designee, to:
a. Transmit the ROPS 24­25 A and B to the State Department of Finance and other designated agencies as prescribed by the California Health and Safety Code (HSC);
b. Make ministerial revisions to ROPS 24­25 A and B, which may include, but are not limited to, restating the information included within ROPS 24­25 A and B as may be requested by the State Department of Finance; c. Take such other actions and execute such other documents as are necessary to effectuate the ROPS; and
d. Implement ROPS 24­25 A and B on behalf of the Successor Agency, including authorizing and causing such payments as authorized by ROPS 24­ 25 A and B.

12. Approval of Commercial and Payroll Disbursements (All Wards) p. 350 Recommendation:

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

13. Side Letter Agreements with Bargaining Groups Regarding Premium Pay for City and Water Department Employees p. 437
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023­143, authorizing the City Manager to execute side letter agreements with the City’s bargaining groups regarding premium pay.

14. Amendment to the Professional Services Agreement with Graves & King p.451 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute the third amendment to the Professional Services Agreement with Graves & King for legal representation in the Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVSB2100620, increasing the not to exceed amount to $350,000.

15. Health Benefits Plan Year 2024 p. 470
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the City’s health benefit plans for plan year 2024 and authorize the City Manager to execute any agreements necessary to effectuate the medical, dental, vision, life, short and long­term disability, and other ancillary and voluntary plans that the City offers as part of its benefits package to employees.

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

16. Receive and File Letter of Intent from Los Angeles Dodger Foundation for Renovation of Blair Park Baseball Fields p. 502
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the attached letter of intent from the Los Angeles Dodger Foundation.

17. Design Services Agreement with Miller Architectural Corporation for Renovation of a One Stop Shop Permitting Center (All Wards) p. 512
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to approve an Agreement with Miller Architectural Corporation for renovation and design services for a fee in the amount of $71,575 to create a One Stop Shop Permitting Center on the 3rd floor of the property located at 201 North E Street.

18. Agreement with San Bernardino Paint and Supply, Inc. (All Wards) p. 555 Recommendation:

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

1. Authorize the City Manager to execute a Goods and Services Agreement with San Bernardino Paint and Supply, Inc., for the purchase of paint and related materials; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $150,000.

DISCUSSION

19. Regular Ordinance Amending, or Repealing, Crime Free Housing Ordinance No.

MC­1351 p. 598
Recommendation:

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

1. Introduce, read by title only, and waive further reading of Ordinance No. MC­1619 – An Ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 15.27 of Title 15 of the San Bernardino Municipal Code regarding rental housing program maintenance standards;
or

2. Introduce, read by title only, and waive further reading of Ordinance No. MC­1620 ­­ An Ordinance of the Mayor and City Council of the City of San Bernardino, California, repealing Chapter 15.27 of Title 15 of the San Bernardino Municipal Code (Crime­ Free Rental Housing Program).

20. Strategic Initiatives (All Wards) p. 612
Recommendation:

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

1. Adopt Resolution No. 2023­144:

a. 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; and

b. Approving the creation of the Economic Development Department; and

c. Directing staff to prepare and bring back a revised City salary schedule to include any new positions that are budgeted.

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2. Approve the Proposed Strategic Initiatives for Future Years to be considered as part of the FY 2024/25 & FY 2025/26 Biennial Budget process and prioritize the Strategic Initiatives for funding.

3. Direct staff to bring back Strategic Initiatives that require further Council review and approval.

21. Mount Vernon Avenue Viaduct ­ Amendment No. 3 to Cooperative Agreement No. 16­ 1001477 (Ward 1) p. 918
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023­145 authorizing the City Manager to execute Amendment No. 3 to Cooperative Agreement No. 16­1001477 with the San Bernardino County Transportation Authority (SBCTA) for the Environmental Clearance, Preliminary Design, Right­of­Way, and Design­Build 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 Design­Build phase for a total Project cost of $244,811,419.

PUBLIC HEARING

22. Conduct Public Hearing and Introduction of an Ordinance to Grant a Franchise to Southern California Gas Company (All Wards) p. 965
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. MC­1621 to grant a franchise to Southern California Edison Gas Company.

23. 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. p. 1000 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.

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

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, October 4, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

CERTIFICATION OF POSTING AGENDA

I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the September 6, 2023, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, September 1, 2023.

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

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

NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 2018­89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

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

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Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three­minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

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

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

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

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ALTERNATE MEETING VIEWING METHOD:

If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3

https://reflect­sanbernardino.cablecast.tv/CablecastPublicSite/watch/1? channel=6

PUBLIC COMMENT OPTIONS

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

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

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909­384­5002 or [email protected] for assistance outside of this timeframe.

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

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

Submit a request to speak by 4:00 p.m. to https://tinyurl.com/mccpubliccomments or email [email protected]. Please indicate whether you are speaking on an item on the agenda (identify the item number) or providing a general comment.

Please use identifying information when submitting your request to speak such as a name or last four digits of your phone number so that staff can call on you.

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

For the Regular Meeting please log on no later than 15 minutes after the meeting start time.

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

i) Dial (669) 900­6833. When prompted, enter the Meeting ID: 677­845­9453 Passcode:2023

ii) Dial *9 from your phone to raise your hand via Zoom

If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page...
8) Join the Meeting by clicking on the Zoom link below:
https://sbcity­org.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09 Meeting ID: 677 845 9453
Passcode:2023

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

Enter the Meeting ID: 677­845­9453
Passcode:2023

Public Hearings:

If you are commenting on a Public Hearing whether you are speaking remotely or in person you have an opportunity to speak until the Public Hearing has been closed. 1 6
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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: Closed Session
Recommendation:

A)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Edward Lee v. City of San Bernardino, Workers’ Compensation Case Nos.

ADJ16652155; ADJ16652154; ADJ16652152; and ADJ13431303
ii.) John Diaz v. City of San Bernardino, Workers’ Compensation Case No.

ADJ15725143
B)PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager
C) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6)
Agency designated representatives: Frank Rojas, Koff & Associates; Director of Human Resources
Unrepresented Employee: City Manager

D) CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Government Code §54956.9)
Significant exposure to litigation (Number of potential cases): One

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City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for National Library Card Sign-Up & Literacy Month in the City of San Bernardino –
September 2023 (All Wards)

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15 PROCLAMATION OF THE

MAYOR AND CITY COUNCIL
OBSERVING SEPTEMBER 2023, AS

NATIONAL LIBRARY CARD SIGN-UP & LITERACY MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, in observance of September being National Library Card Sign-Up & Literacy Month, patrons are encouraged to visit one or more of the four San Bernardino Public Libraries, either in person to sign-up for a regular library card or virtually at www.sbpl.org to sign up for a digital library card to utilize online resources; and, WHEREAS, weekly public service hours expanded to 40 hours, two years ago; and,
WHEREAS, people visit in person or virtually, libraries offer endless opportunities to transform lives through education and lifelong learning; serving people of every age, education level, ethnicity, and physical ability; and,
WHEREAS, in addition to patrons checking out books and doing research our libraries offer various free activities, such as pre-school story time, crafts, workshops, author visits, entertainment programs, literacy services and various classes to help people improve their lives without cost; and,
WHEREAS, our online services for remote learners including eBooks and eAudiobooks, homework help via chat and others have been more valuable than ever to our patrons during the pandemic; and,
WHEREAS, more than 26,000 people have our library card; and, WHEREAS, San Bernardino Public Library offers Literacy tutoring through the Jack L. Hill Lifelong Learning Center, providing services to adults, children, and families. Everyone is invited to participate in the many activities and events offered in the Learning Center, encouraging lifelong learning, and developing workforce training and skills; and,
WHEREAS, our San Bernardino Public Library has served our community for 132 years and if there is any city that can benefit from a free public library, it is here.

NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San Bernardino, do hereby proclaim September 2023 as National Library Card Sign-Up & Literacy Month.

Presented this 6th Day of September 2023

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3 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Pre-Approval of Mayor Travel for FY 2023/2024 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for Fiscal Year 2023/24.

Executive Summary
The Mayor is requesting the approval of travel to attend the Mayors' Institute on City Design (MCID) 78th National Session from October 11 – October 14, 2023 in Boston, MA and the Mayors' Innovation Studio at Bloomberg City Lab from October 18, 2023 - October 20, 2023 in Washington, DC. Both events are comped.

Background
On August 18, 2021, the Mayor and City Council adopted Resolution 2021-212, adopting the Travel Authority and Expense Policy that requires all mayoral and council travel to be preapproved by the Mayor and City Council.

Discussion
The Travel Authority and Expense Policy adopted by the Mayor and City Council requires preapproval by the Mayor and City Council for any travel by an elected official.

The Mayor is requesting to attend the Mayors' Institute on City Design 78th National Session from October 11 – October 14, 2023 in Boston, MA and the Mayors' Innovation Studio at Bloomberg City Lab from October 18, 2023 - October 20, 2023 in Washington, DC.

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3 2023 MCID Registration Comped
Airfare & Travel Comped
Hotel Comped
Total Cost to the City $0
2023 Mayor’s Innovation Studio
Registration Comped
Airfare & Travel Comped
Estimated Hotel Comped
Total Cost to the City $0
2021-2025 Strategic Targets and Goals
This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity - Create a framework for spending decisions.

Fiscal Impact
There is no financial impact to the pre-approval of travel for FY 2023/24. Each Councilmember has an annual budget for meetings and conferences of $6,000 and the Mayor has a budget of $4,000.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for Fiscal Year 2023/24.

Attachments
Attachment 1 – Pre-Approval of Mayor and City Council Travel for FY 23-24 Attachment 2 – Annotated Agenda - Pre-Approval of Mayor and City Council Travel for FY 23-24
Attachment 3 – Mayors' Institute on City Design 78th National Session Invitation

Attachment 4 – Mayors' Innovation Studio at Bloomberg City Lab Registration Details Ward:

All Wards
Synopsis of Previous Council Actions:

August 18, 2021Mayor and City Council adopted Resolution No. 2021-212 approving the revised Travel Authority and Expense Policy retroactive to July 21, 2021.July 22, 2021Mayor and City Council adopted Resolution No. 2021-164 approving the Travel Authority and Expense Policy, and repealing Resolution Nos. 9151 and 89-100.

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3 February 3, 2021Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and appointed officials are operating under a clear set of guidelines that govern the City.April 17, 1989Mayor and City Council adopted Resolution No. 89-100 amending Resolution No. 9151 and providing for reimbursement for meals at the rate of forty-five dollars ($45.00) per day and repealing Resolution No. 84-226.June 18, 1984Mayor and City Council adopted Resolution No. 84-226 amending Resolution 9151 and providing for reimbursement for meals at the rate of thirty-five dollars ($35.00) per day.April 29, 1968Mayor and City Council adopted Resolution No. 9151 establishing a policy for the attendance of City Employees and Elected Officials at conferences or meetings and setforth authorized expenses and allowances for expenses incurred on official business of the City.

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5 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 21, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Interim City Manager
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Pre-Approval of Mayor and City Council Travel for FY 2023/24 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel for elected officials for FY 2023/24 as outlined.

Background
The Travel Authority and Expense Policy adopted by the Mayor and City Council on August 18, 2021 requires pre-approval by the Mayor and City Council for any travel by an elected official. Annual pre-approval of commonly attended events, committee meetings, conferences, seminars and other travel eases the administrative burden while ensuring compliance with adopted Policy so that the Mayor and City Council can complete travel that is beneficial to the City.

Discussion
Pre-approved travel for FY 2023/24 includes all events sponsored by the following organizations:
•California League of Cities (“Cal Cities”)
•National League of Cities (“NLC”)
•Southern California Association of Governments (“SCAG”) •San Bernardino County Transportation Authority (“SBCTA”) •US Conference of Mayors
The City is currently an active member of Cal Cities, NLC, and SCAG, and City officials routinely attend events sponsored by these organizations. Furthermore, several City officials also serve on policy committees that are conducted by these organizations, including the Community Services Policy Committee and the Transportation, Communications, and Public Works Policy Committee for Cal Cities. Attending events that are sponsored by these organizations, and participating in the committee

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5 meetings where they serve as members, City officials are able to advocate for policies and help craft legislative platforms that are aligned with the interests of the City. This is especially important as the City is re-establishing itself as a regional leader. Pre- approving travel to events sponsored by Cal Cities, NLC, and SCAG for FY 2023/24 will afford City officials greater flexibility in attending events where they can conduct business and advocate for policies that benefit the City. 2021-2025 Strategic Targets and Goals
This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity – Create a framework for spending decisions, and Key Target No. 2c: Focused, Alighted Leadership and Unified Community – Re-establish City as the Regional Leader/County Seat.

Fiscal Impact
Staff is assessing participation and engagement at conferences beneficial to the City.

Currently, Councilmembers have travel and conference budgets of $6,000 each and the Mayor has $4,000. If needed before current budgets are expended, staff will request an appropriation as part of the quarterly budget updates to the City Council.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel for elected officials for FY 2023/24 as outlined.

Attachments
Attachment 1 – Travel Authority and Expense Policy
(Adopted by Reso. 2021-212)
Ward:

All Wards
Synopsis of Previous Council Actions:

May 17, 2023 Mayor and City Council preapproved travel for the Mayor for ICSC from May 21-23, 2023.

October 19, 2022 Mayor and City Council preapproved travel for FY 2022/23 for ther Mayor and City Council.

October 5, 2022 Mayor and City Council preapproved travel to the 2023 National League of Cities Congressional City Conference for the Mayor and City Council.

July 20, 2022 Mayor and City Council ratified travel detail and preapproved specified travel for the Mayor and City Council for Fiscal Year 2022/23.

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5 August 18, 2021 Mayor and City Council adopted Resolution No. 2021-212 approving the revised Travel Authority and Expense Policy retroactive to July 21, 2021.

July 22, 2021 Mayor and City Council adopted Resolution No. 2021-164 approving the Travel Authority and Expense Policy, and
repealing Resolution Nos. 9151 and 89-100.

February 3, 2021 Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and appointed officials are operating under a clear set of guidelines that govern the City.

April 17, 1989 Mayor and City Council adopted Resolution No. 89-100 amending Resolution No. 9151 and providing for
reimbursement for meals at the rate of forty-five dollars ($45.00) per day and repealing Resolution No. 84-226.

June 18, 1984 Mayor and City Council adopted Resolution No. 84-226 amending Resolution 9151 and providing for reimbursement for meals at the rate of thirty-five dollars ($35.00) per day.

April 29, 1968 Mayor and City Council adopted Resolution No. 9151 establishing a policy for the attendance of City Employees and Elected Officials at conferences or meetings and set forth authorized expenses and allowances for expenses incurred on official business of the City.

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35 NATIONAL ENDOWMENT FOR THE ARTS

THE UNITED STATES CONFERENCE OF MAYORS
1620 EYE STREET NW 4TH FLOOR
WASHINGTON, DC 20006
MICD.ORG / [email protected]
202.463.1391
JUNE 16, 2023
The Honorable Helen Tran
Mayor
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Dear Mayor Tran,
On behalf of the National Endowment for the Arts and the United States Conference of Mayors, we are delighted to join Boston Mayor Michelle Wu in inviting you to attend the 78th National Session of the Mayors’ Institute on City Design in Boston, MA from October 11-13, 2023. As the host, Mayor Wu is looking forward to your participation.

The Mayors’ Institute on City Design (MICD) is the nation’s preeminent forum for mayors to address pressing issues through the lens of city design and development. As our cities move forward with a renewed focus on equity, safety, and opportunity for all, this session will provide actionable ideas for city leaders rising to meet this moment of opportunity. Since 1986, the Mayors’ Institute has helped transform communities by preparing mayors to be the chief urban designers of their cities. MICD sessions bring together experts in the allied city design fields – architecture, landscape architecture, equitable development, real estate, and more – to help mayors put their ideals into action in the built environment.

Participation is limited to seven mayors, seven design and development experts, and MICD leadership partners. In order to encourage an open dialogue among participants, there will be no media or city staff present during the event. The meeting will begin with a tour of Boston in the afternoon on Wednesday, October 11, followed by the opening reception and dinner. The working sessions that take place over the next two days will conclude in the late afternoon on Friday, October 13, followed by a closing dinner.

If you agree to attend MICD, we will work with you to develop a “case study,” that is, a pressing city development challenge in your community that might be explored from the perspective of urban design. The design and development experts will also give presentations on topics carefully chosen to address the case studies that mayors bring to the session. The roundtable discussion that follows each presentation will offer a rare opportunity for you, fellow mayors, and the design experts to discuss these issues candidly and explore solutions that can improve the built environment of your city. Mayors often indicate that they return to their communities with concrete ideas for their case study project, and with substantially increased confidence in their ability to tackle these complex issues and design solutions.

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36 NATIONAL ENDOWMENT FOR THE ARTS

THE UNITED STATES CONFERENCE OF MAYORS
1620 EYE STREET NW 4TH FLOOR
WASHINGTON, DC 20006
MICD.ORG / [email protected]
202.463.1391

JENNIFER HUGHES
Senior Advisor to the Chair on Partnerships,
Expansion, & Innovation
National Endowment for the Arts

TRINITY SIMONS WAGNER
Executive Director
Mayors’ Institute on City Design

ETHAN MAZZIO
Events and Communications Coordinator
Mayors’ Institute on City Design

TOM COCHRAN
CEO & Executive Director
The United States Conference of Mayors

GRACE ORAN
Program Director
Mayors’ Institute on City Design
The Mayors’ Institute on City Design is a leadership initiative of the National Endowment for the Arts in partnership with the United States Conference of Mayors. Founded in 1986 by former Charleston, SC Mayor Joseph P. Riley, Jr., over 1,200 mayors have participated in the program, including eight governors, six members of the United States Congress, and the majority of the United States Conference of Mayors’ Executive Committee.

Please visit our website at micd.org for a complete list of alumni mayors and read their success stories and testimonials. We encourage you to contact your colleagues who have attended MICD and ask about their experiences.

We sincerely hope that you can take advantage of this unique opportunity. MICD Events and Communications Coordinator Ethan Mazzio will contact your office in the next few days to follow up on the invitation. Ethan can be reached at [email protected] or 202.463.1392.

Sincerely,

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Dear Helen,
Thank you for registering for Bloomberg CityLab 2023 & the Mayors Innovation Studio. You can return to this site at any time to update your registration by logging in with your email and confirmation number.

Event: Bloomberg CityLab 2023
Date: October 18, 2023 - October 20, 2023
Confirmation Number:

Once we have confirmation that your travel has been booked, we will book your lodging. A confirmation email will be sent in early October with hotel details.

We strongly recommend using our travel agents to book travel to D.C. To book your travel, please complete this form and a Travel Leaders agent will be in touch.

An agenda will be shared ahead of the event. There will be an opportunity to sign up for field trips around D.C. closer to the start of the event.

Please reach out to [email protected] with any questions. We look forward to seeing you in D.C.!

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View or modify your registration

If you no longer want to receive emails from CityLab Team, please Opt-Out.

CityLab
The Aspen Institute
2300 N Street, NW Suite 700
Washington, DC 20037

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7 CONSENT CALENDAR
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;
Jeff Kraus, Public Information Officer
Department: City Manager's Office
Subject: 2023 League of California Cities Annual Conference General Assembly
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on policy proposals to be considered by the 2023 League of California Cities Annual Conference General Assembly.

Executive Summary
No policy proposals were submitted ahead of the deadline for consideration by the League of Cities General Assembly. An alternative process for proposals to be considered exists, however that process takes place at the Conference, not in advance.

Background
The August 16, 2023, meeting of the Mayor and City Council included a discussion item in which the Council voted to designate the voting delegate and alternates to represent the City of San Bernardino at the annual League of California Cities Annual Conference and Expo, to be held on September 20-22 in Sacramento. Council Member Calvin was selected as the City’s delegate, with Mayor Tran selected as first alternate and Council Member Shorett selected as second alternate.

Included in the discussion was a request for staff to identify the proposals for consideration and provide analysis in advance of the conference for the Mayor and full Council to provide voting guidance to the delegates on how they should vote on behalf of the City.

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7 Discussion
Per Article VI of the Cal Cities bylaws, there are two types of resolutions for the Cal Cities General Assembly to consider:

1. General resolutions

2. Petitioned resolutions

General resolutions are policy proposals that are submitted at least sixty (60) days before the Annual Conference and have the support of at least five (5) additional member cities. These resolutions are sent to member cities ahead of time and are also assigned to a Cal Cities policy committee for review, debate, and recommendation. If a general resolution is recommended by a policy committee, it is then submitted to the General Assembly for consideration. This year, no policy proposals were submitted prior to the 60-day deadline (July 22) resulting in no general resolutions for the voting delegates to consider. As a result, there are no policy proposals before the League of Cities General Assembly for City staff to brief the Mayor and City Council.

Petitioned resolutions are policy proposals that are introduced during the conference. If at least 10% of the voting delegates sign a petition for these resolutions, they are assigned to the Resolutions Committee for approval. If approved by the Resolutions Committee, the petitioned resolutions are then submitted to the General Assembly for consideration. The deadline to submit signatures to qualify a petitioned resolution is Thursday, September 21, at 8:30 a.m. The General Assembly convenes the following day, September 22, at 8:30 a.m. to consider all resolutions. As a result, City staff will have less than 24 hours to brief the Mayor and City Council on regarding petitioned resolutions.

Staff will monitor the conference agenda for any last-minute petitioned resolutions and provide analysis to the City’s delegates and full Council based upon the City’s Legislative Platform and potential benefit or impact to the City of San Bernardino. 2021-2025 Strategic Targets and Goals
Receiving and filing a report on proposals to be considered by the 2023 League of California Cities Annual Conference General Assembly aligns with Key Target No. 2:

Focused Aligned Leadership and Unified Community.

Fiscal Impact
This report has no fiscal impact.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on proposals to be considered by the 2023 League of California Cities Annual Conference General Assembly.

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7 Attachments
None
Ward:

All Wards
Synopsis of Previous Council Actions:

August 16, 2023 The Mayor and City Council designated voting and alternate delegates for the 2023 League of California
Cities Annual Conference & Expo on September 20-
22, 2023 in Sacramento, California.

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1 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Adopt the Resolutions Associated with the March 5, 2024, City of San Bernardino Primary Municipal Election
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the Primary Municipal Election on March 5, 2024:

1. Adopt Resolution No. 2023-137 calling for the holding of a Primary Municipal Election to be held on Tuesday March 5, 2024, for the election of certain officers as required by the provisions of the San Bernardino City Charter;

2. Adopt Resolution No. 2023-138 Requesting the Board of Supervisors of the County of San Bernardino consolidate a Primary Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the date pursuant to 10403 of the Elections Code;

3.Adopt Resolution No. 2023-139 adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, March 5, 2024.

Executive Summary
Adopt the resolutions associated with the City of San Bernardino March 5, 2024, Primary Election calling the Election; requesting the consolidation of the Election with the Statewide Primary, and regulations for candidate statements.

Background
Pursuant to Article 8, Section 800, of the City Charter, the primary and general municipal election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City

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1 elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities.

In accordance with the City Charter, the City will participate in the statewide Primary Election on March 5, 2024, and the statewide General Election on November 5, 2024, if a municipal run-off election is necessary.

The following offices are subject to election in 2024:
•Member of the City Council from the Third Ward
•Member of the City Council from the Fifth Ward
•Member of the City Council from the Sixth Ward
•Member of the City Council from the Seventh Ward
Discussion
Pursuant to Section 10400 of the Elections Code, the Mayor and City Council of the City of San Bernardino must request that the Board of Supervisors of the County of San Bernardino consolidate the City’s Municipal Primary Election with the consolidated Statewide Primary Election to be held on Tuesday, March 5, 2024. Further, the County requires a resolution from the City of San Bernardino authorizing the San Bernardino County Registrar of Voters to conduct the election and canvass the returns. The County will provide most of the election services. The City Clerk will be responsible for providing and transmitting the necessary documents to the County to hold the election and provide for receipt of all candidates' statements and related documents, including dissemination of information to prospective candidates. The candidate nomination period will begin on Monday, November 13, 2023, and will end on Friday, December 8, 2023. Results of the primary election shall be certified to the Mayor and City Council of the City of San Bernardino.

Based on the cost estimate received from the San Bernardino County Registrar of Voters the cost estimate of this primary election is $176,000. The estimate provided above is an estimate of election costs based on historical costs for comparable elections. The actual cost may be higher or lower than the estimate provided. No two elections are the same in part because statutory requirements are ever evolving. The final invoice with actual costs will be provided by the Registrar of Voters approximately one-hundred-twenty days (120) after the election is certified.

Pursuant to sections 13307 and 13308 of the California Elections Code each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement on an appropriate form provided by the election’s official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate’s education and qualifications expressed by the candidate himself or herself.

However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be limited to a recitation of the candidate’s

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1 own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The Mayor and City Council can direct staff to increase the number of words in the statement from 200 to 400 words.

Approval from the Mayor and City Council will result in the scheduling of the Primary Municipal Election on Tuesday, March 5, 2024, for four (4) Members of the City Council for Wards 3, 5, 6 and 7, to the voters of the City.

As the City’s Election Officer, the City Clerk is to be directed to publish a notice of the primary election which shall contain the following:

A. The time of the election.

B. The offices to be filled, specifying full or short term.

C. The hours the polls/vote centers will be open.
2021-2025 Strategic Targets and Goals
Adopting the Resolutions associated with the 2024 Primary Election aligns with Key Strategic Target Goal No. 1a: Establish a clear policy direction and predictable organization structures.

Fiscal Impact
There is sufficient funding in the FY 2023/24 Operating Budget to support costs associated with the Primary Municipal Election.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the Primary Municipal Election on March 5, 2024:

1. Adopt Resolution No. 2023-137 calling for the holding of a Primary Municipal Election to be held on Tuesday March 5, 2024, for the election of certain officers as required by the provisions of the San Bernardino City Charter;

2. Adopt Resolution No. 2023-138 Requesting the Board of Supervisors of the County of San Bernardino consolidate a Primary Municipal Election to be held on March 5, 2024, with the Statewide Primary Election to be held on the date pursuant to 10403 of the Elections Code;

3. Adopt Resolution No. 2023-139 adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, March 5, 2024.

Attachments
Attachment 1 Resolution No. 2023-137 - Noticing and Calling the Primary

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1 Municipal Election
Attachment 2 Resolution No. 2023-138 - Requesting to Consolidate the Primary Election with the County Board of Supervisors Statewide Primary Election
Attachment 3 Resolution No. 2023-139 - Establishing a Candidate Statement Policy
Ward:

Third Ward; Fifth Ward; Sixth Ward; and Seventh Ward
Synopsis of Previous Council Actions:

None

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46 Resolution No. 2023-137
Resolution 2023-137
September 6, 2023

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RESOLUTION NO. 2023-137

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING FOR THE HOLDING OF A PRIMARY

MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH 5, 2024, FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE

SAN BERNARDINO CITY CHARTER
WHEREAS, under the provisions of the San Bernardino City Charter, a Primary Municipal Election shall be held on March 5, 2024, for the election of Municipal Officers for the purpose of electing Members of the City Council from Wards 3, 5, 6, and 7 for the full term of four years.

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 pursuant to the requirements of the San Bernardino City Charter, there is called and ordered to be held in the City of San Bernardino, California, on Tuesday, March 5, 2024, a Primary Municipal Election for the purpose of electing a Members of the City Council from Wards 3, 5, 6, and 7 for the full term of four years.

SECTION 3. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 4. That the City Clerk is authorized, instructed, and directed to coordinate with the County of San Bernardino to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 5. That ballot drop boxes and vote centers shall be open and remain continuously open for the times consistent with the Statewide Primary Election pursuant to the California Elections Code; and that vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the Primary Municipal Election shall be the same as those utilized by the County of San Bernardino pursuant to the California Elections Code.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. That the Mayor and City Council authorize the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

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Resolution 2023-137
September 6, 2023

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SECTION 8. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 9.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 10. 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 11. 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

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Resolution 2023-137
September 6, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-137, 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

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Resolution 2023-138
September 6, 2023

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RESOLUTION NO. 2023-138

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF SAN BERNARDINO CONSOLIDATE A

PRIMARY MUNICIPAL ELECTION TO BE HELD ON
MARCH 5, 2024, WITH THE STATEWIDE PRIMARY

ELECTION TO BE HELD ON THE DATE PURSUANT TO
§ 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of San Bernardino called a Primary Municipal Election to be held on March 5, 2024, for the purpose of the election of four (4) Members of the City Council, for the full term of four (4) years; and; WHEREAS, it is desirable that the Primary Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the city the precincts, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of San Bernardino canvass the returns of the Primary Municipal Election and that the election be held in all respects as if there were only one election;

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 pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Primary Municipal Election with the Statewide Primary Election on Tuesday, March 5, 2024, for the purpose of the election of four (4) Members of the City Council, for the full term of four (4) years.

SECTION 3.That the county election department is authorized to canvass the returns of the Primary Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the Statewide Primary Election.

SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.

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Resolution 2023-138
September 6, 2023

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SECTION 5. That the City of San Bernardino recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of San Bernardino.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

SECTION 8.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 9.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 10. 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

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Resolution 2023-138
September 6, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-138, 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

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Resolution 2023-139
September 6, 2023

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RESOLUTION NO. 2023-139

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATE

STATEMENTS SUBMITTED TO THE VOTERS AT A

PRIMARY MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, MARCH 5, 2024
WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the optional candidate statement; and WHEREAS, Section 13307(b) of the California Elections Code states that the statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing; and
WHEREAS, the City Clerk is responsible for enforcing formatting requirements that exceed those acceptable by the County and wishes to streamline the review process by imposing limits relating to the format of candidate statements to block format, and prohibit bolding, capitalized words, italics, and underlining. The City Clerk has final sign-off and approval of all candidate statements for elected city offices in accordance with state and local law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1.General Provisions. That pursuant to §13307 and §13308 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of San Bernardino on Tuesday, March 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. In addition, the statement shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

The City Clerk shall require each candidate filing a statement to pay a deposit in advance, as a condition of having his or her statement included in the voter information guide.

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SECTION 2. Foreign Language Policy.

A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Bernardino. The County is required to translate candidate’s statements into the following languages: Spanish.

B. Pursuant to state law, the candidate’s statement must be translated and printed in the voter information guide in any language at the candidate’s request.

C. The County will print and mail sample ballots and candidate statements to all voters in English and Spanish and in any translations requested by a candidate. The County will make the sample ballots and candidates statements in the required and requested languages available at all polling places/vote centers, on the County’s website, and in the City Clerk’s Department for the City of San Bernardino.

SECTION 3. Endorsements
It is the policy of the San Bernardino County Registrar of Voters that any named individual or specific organization listed as an endorsement in a candidate statement must be verified by the City Clerk of the City of San Bernardino as endorsing the candidate prior to printing in the voter information guide and sample ballot. Verification of the endorsement must be in the form of a copy of a letter of endorsement, or in a direct communication from the endorser to the City Clerk in the form of email or mailed correspondence. All endorsements or verification of endorsements from an individual or organization of a candidate must be submitted to the City Clerk no later than 5 PM on the last day of the filing period. The City Clerk must then forward the verified endorsements to the San Bernardino County Registrar of Voters within five days of the last day of the filing period.

SECTION 4. Payment.

A. Translations:

1. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in (A) of Section 2 above pursuant to Federal law.

2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate as specified in (B) of Section 2 above.

B. Printing:

1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter information guide.

2. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required in (A) of Section 2 above, in the main voter information guide.

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3. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter information guide.

4. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required by (A) of Section 2 above, in the facsimile voter information guide.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter information guide. An estimated payment is required, and the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 5.Miscellaneous.

A) All translations shall be provided by professionally certified translators.

B) That candidate's statement shall comply with the formatting and submission guidelines provided by the City Clerk and the San Bernardino County Registrar of Voters.

C) The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 6.Additional Materials. No candidate will be permitted to include additional materials in the sample ballot or voter information guide.

SECTION 7.That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 8.That all previous resolutions establishing council policy on payment for candidate statements are repealed.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

SECTION 10. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that

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the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 11. 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 12. 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

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-139, 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 ____________ 2022.

Genoveva Rocha, CMC, City Clerk

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2 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Approve Technical Corrections to the City of San Bernardino Residency Policy for Elected Officials and
Candidates for Elected Office
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2023-140, Adopting an Amended Residency Policy for Elected Officials and Candidates for Elected Office.

Background
On February 2, 2022, the Mayor and City Council approved Resolution No. 2022-024, establishing the City’s Residency Policy for Elected Officials and Candidates for Elected Office (the “Policy”).

The City of San Bernardino is a Charter City operating under a council-manager form of government. The City’s Charter is the document adopted by voters that defines the organization, powers, functions, and essential procedures of the City’s government.

The City’s Municipal Code contains the local laws and regulations adopted by the Mayor and City Council. In addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that ensure City employees and both elected and appointed officials operate under a clear set of guidelines that align with the laws and regulations that govern the City.

The City Clerk serves as the City's Elections Official and shall carry out or cause to be carried out, all the duties imposed on the Elections Official by the California Elections Code, except those duties that may be carried out by the San Bernardino County Elections Official for consolidated elections.

In accordance with the City Charter, the City will participate in the statewide Primary Election on March 5, 2024, and the statewide General Election on November 8, 2024,

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2 if a run-off election is necessary.

Discussion
Although the City’s current Policy and City Charter were successfully utilized when processing candidates for the statewide Primary Election on June 7, 2022, and the statewide General Election on November 8, 2022, staff has determined that some administrative revisions are necessary. These revisions will not change the context of the Policy; rather, they will enhance the Policy’s clarity for candidates, staff, and elected officials.

Article III, Section 301(b) of the City’s Charter titled “Eligibility” states the following:
“Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office.” The current Policy has several references to the issuance of “nomination papers.” Nomination papers are the forms filed with the appropriate office by a person wishing to declare the person's intent to become a candidate for a particular political office. The proposed Policy amendment is to ensure that the Policy correctly reflects the Charter excerpt above. Therefore, any mention of proof of residency shall specify that the provision indicates filing of the nomination paper (rather than the issuance of the nomination paper) and reinforces the thirty (30) consecutive day residency requirement.

Additional minor changes were made to the Policy’s language in order to provide clarity, increase transparency and confirm accuracy.

These clarifications to the Policy will increase transparency in the nomination process for local elected office, as well as ensure continued proof of residency throughout elected officials’ terms.

Mayor, City Council and City Manager Goals and Objectives The proposed amendment to the Policy aligns with Goal Number 5: Improving City Government Operations, by clarifying clear residency guidelines for candidates and elected officials.

Fiscal Impact
There is no fiscal impact of adopting the revised Policy Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2023-140, Adopting an Amended Residency Policy for Elected Officials and Candidates for Elected Office.

Attachments

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2 Attachment 1: Resolution 2023-140
Attachment 2: Residency Policy – Revised (Resolution 2023-140 Exhibit A)
Attachment 3: Residency Policy (redline)
Attachment 4: Original Residency Policy
Ward:

All Wards
Synopsis of Previous Council Actions:

February 2, 2022The Mayor and City Council adopted Resolution 2022-024, establishing a residency policy for Mayor and City Council candidates. .

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RESOLUTION NO. 2023-XX

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING AN AMENDED RESIDENCY POLICY FOR

ELECTED OFFICIALS AND CANDIDATES FOR ELECTED
OFFICE.

WHEREAS, the City of San Bernardino is a charter city operating under a council- manager form of government; and
WHEREAS, the City’s Charter is the document adopted by voters that defines the organization, powers, functions, and essential procedures of the City’s government; and WHEREAS, the City’s Municipal Code contains the local laws and regulations adopted by the Mayor and City Council; and
WHEREAS, the City Clerk serves as the City's Elections Official and shall carry out or cause to be carried out, all the duties imposed on the Elections Official by the California Elections Code, except those duties that may be carried out by the San Bernardino County Elections Official for consolidated elections; and
WHEREAS, on February 2, 2022, the Mayor and City Council approved Resolution No. 2022-24, establishing the City’s Residency Policy for Elected Officials and Candidates for Elected Office (the “Policy”); and
WHEREAS, it has come to the attention of City staff that technical corrections must be made to the Policy to align with Article III, Section 301(b) of the City’s Charter titled “Eligibility,” which reads:
“Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office”; and
WHEREAS, any mention of proof of residency in the Policy shall specify that the provision indicates filing of the nomination paper, rather than the issuance of the nomination paper; and
WHEREAS, City staff has prepared this Resolution to amend the Policy to address this discrepancy.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1.Recitals. The recitals above are true and correct and incorporated herein by reference.

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SECTION 2.Adoption of Amended Policy. The City hereby adopts the revised Residency Policy for Elected Officials and Candidates for Elected Office, attached hereto as Exhibit A. All other provisions of Resolution No. 2022-24 remain in full force and effect except as stated herein.

SECTION 3. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

SECTION 4.Not Subject to CEQA. The Mayor and City Council find that 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 5.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 6.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

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-XX, 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 6th day of September 2023.

Genoveva Rocha, CMC, City Clerk

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9 City of San Bernardino
Residency Policy
Subject: Residency Policy for Elected Officials and Candidates for Elected Office
Purpose: The following policy is enacted to establish what forms of supporting documentation maybe provided by City Council and Mayoral candidates and current City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within City limits.

Authority: Resolution No. 2023-140
SECTION I: PURPOSE OF POLICY
The following policy is enacted to establish what forms of supporting documentation can be provided by City Council and Mayoral candidates and sitting City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within the City they will or do represent.

Objectives:

A. To establish what forms of documentation are sufficient to establish residency pursuant to Charter section 301.

B. To establish what forms of documentation are sufficient to verify continued residency in the Ward or in the City for current elected officials.

C. To protect the interests of all San Bernardino citizens and maintain proper representation by developing policies that will help ensure that the Councilmembers truly reside in the Ward they represent and the Mayor truly resides in the City of San Bernardino
D. To adopt enabling legislation via a municipal resolution to establish necessary policies to accomplish the aforementioned objectives.

Accomplishing the above stated objectives will help ensure that both the letter and spirit of Charter Section 301 will be implemented as San Bernardino voters intended.

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9 SECTION II: RESIDENCY REQUIREMENTS FOR MAYOR AND COUNCIL

CANDIDATES
In addition to providing proof of voter registration at a residential address in the respective Ward when running for a City Council seat or within the City for the Mayoral seat, candidates must provide no less than two of the following additional documentation to the City Clerk to verify that candidates meet the 30 consecutive day residency requirement. This additional documentation must be current and valid, in the candidate's name, and for an address at which the candidate has resided for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office:

A. PROOF OF HOME OWNERSHIP/RENTAL PROPERTY. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the candidate’s address, or any other document that can verify home ownership and residency of the property; or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is the primary residence; or If candidates do not have a tax exemption on file, they must submit an affidavit signed by the candidate under penalty of perjury verifying that the home is the candidate's primary residence; or
If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit a signed and notarized affidavit, under penalty of perjury, by the homeowner or authorized legal representative of the entity verifying that candidate is living in the home as their primary residence; or If the residence is rented or leased by the candidate, the candidate must provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the candidate has been a resident of their respective ward (or the City for Mayor) for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office; or
If a candidate is living at a residence without a lease or rental agreement and whose name otherwise does not appear in the proof of home ownership, the candidate must submit a notarized affidavit signed by the residence’s landlord or property owner, under penalty of perjury, that the candidate resides at the landlord or owner's property.

B. PROOF OF CALIFORNIA MOTOR VEHICLE REGISTRATION WITH
INSURANCE. Proof of California motor vehicle registration and current vehicle insurance, if any motor vehicles are registered to the candidate at the residence claimed, or proof of a valid and unexpired California driver's license or identification

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9 card showing their name and address is consistent with the address shown on the nomination paper. If the residence address on either the driver's license or auto registration is in the process of being changed to the candidate’s current address in the respective Ward (or City for the Mayor) , the candidate must provide a document from the California Department of Motor Vehicles (Form DMV 14, Notice of Change of Address) verifying the change was in process no less than at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. If a candidate does not own an automobile or does not have a California driver's license or identification card, the candidate may submit any other State of California issued identification showing the residence address on the identifying document is consistent with the residence address shown on the nomination paper filed.

C. UTILITY BILL. An electric, gas, water, sewer, refuse, internet, cable TB, or landline phone bill in the candidate's name showing that the service address is consistent with the residence address in the candidate's nomination paper. In the event a utility bill has not yet been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate's name at the residence address in the candidate's nomination paper that is dated no less than a period of at least thirty (30) days immediately preceding the date of filing their nomination papers for the office will suffice. If there is an agreement with a landlord or other legal entity that the tenant is not responsible for the utility bills, the candidate must submit a notarized affidavit signed by the landlord or the other legal entity's authorized legal representative verifying, under penalty of perjury, that the landlord or other legal entity is responsible for paying the utility bill.

D. OTHER DOCUMENTS WITH CURRENT ADDRESS DATED NOT OLDER THAN 90 DAYS AND AT LEAST THIRTY (30) CONSECUTIVE DAYS IMMEDIATELY PRECEDING THE DATE OF FILING THEIR NOMINATION PAPERS FOR THE OFFICE.

1. School records or any official document issued by an accredited educational institution which lists the candidate’s current address.

2. Current paycheck stub or personnel record issued by the candidate's employer showing the candidate's current residence address.

3. Current homeowner or renter's insurance policy.

4. Current documents issued by any California court or federal court that which list the candidate’s current address.

5. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card which lists the candidate’s current address.

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9 In addition to items A-D above, the candidate must sign an affidavit, in a form approved by the City Clerk and City Attorney verifying residency under penalty of perjury.

If the candidate fails to provide any two (2) of the above-required documents (Items A-D) and the required affidavit, the candidate will not be permitted to file their nomination papers, for failure to meet the Charter Section 301 Ward residency requirement.

SECTION III: PROVIDING PROOF OF RESIDENCY FOR COUNCIL CANDIDATES Candidates are required to file all of the documents specified in Section II above with the San Bernardino City Clerk’s Office for verification to demonstrate that they have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. The City Clerk will review and verify that all required information is correct and meets the requirements of this Policy. No later than five (5) calendar days from receipt of the candidate's documents, the City Clerk shall complete the review and verification of the documents. The City Clerk will then do one of the following:

A. If all City residency requirements are satisfied pursuant to the Policy, the City Clerk's Office will correspond by email or certified mail to the candidate confirming that the candidate has met the City's residency requirements; or B. If any deficiencies are discovered in the documents provided or certain documents are missing, the City Clerk's Office will correspond by email or certified mail to the candidate identifying the specific deficiency(ies) or missing document(s). The candidate will have until the closing date of the nomination period to correct the deficiencies and re-submit the required documents for verification to the City Clerk; or
C. If the candidate either fails to complete verification of all the submitted residency documents required by this Policy within the prescribed time limits, or the resubmitted documents do not meet the requirements of the Policy, the City Clerk will correspond by email or certified mail to the candidate advising them of the failure to meet the requirements of the Policy; or
D. If the documents resubmitted by the candidate meet all requirements of this Policy, the City Clerk Office will correspond by email or certified mail to the candidate confirming that the Policy's residency requirements have been met.

SECTION IV: PROVIDING PROOF OF RESIDENCY FOR COUNCILMEMBERS AND MAYOR
Councilmembers are required to live in the Ward they represent and the Mayor is required to live in the City of San Bernardino during their entire term in office. To

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9 ensure that the Councilmembers and Mayor continue to live in the area they represent, each elected official must submit one (1) of the following documents to the City Clerk during the last 31 calendar days of the year (December 1st to 31st), with the exception of the first year in office:

A. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence. If the elected official does not have a tax exemption on file, they must submit an affidavit, signed by the elected official under penalty of perjury, verifying that the home is their primary residence; or
If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying, under penalty of perjury, that the elected official is living in the home as their primary residence; or If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or
If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit verifying, under penalty of perjury, the elected official’s residency in landlord or owner’s property.

B. Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the ward they represent (or within the City for the Mayor). If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration.

C. A current utility bill in the elected member's name showing that the service address is within the respective Ward for the Councilmember (or within the City for the Mayor) in the elected official's name. In the event a utility bill is not available, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will

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9 suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's authorized legal representative, verifying under penalty of perjury that the landlord or other legal entity is responsible for paying the utility bill.

D. Other documents showing current residence address in the respective Ward for the Councilmember or City for the Mayor:

1. School records or any official document issued by an accredited educational institution which lists the elected official’s current address.

2. Current paycheck stub or personnel record issued by the elected official's employer.

3. Current homeowner or renter insurance policy.

4. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address.

5. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card, which lists the elected official’s current residence
Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.

In the event that a Councilmember moved to a new residence within the Ward after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items A through D under Section III above, and an affidavit signed under penalty of perjury to the City Clerk.

Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate proof of residence. Failure to provide any of the above-required documents on or before December 31st of each year shall be referred to the City Council for further action.

SECTION V: INVESTIGATION AND ENFORCEMENT

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9 Any complaint alleging fraudulent compliance with this policy shall be submitted to the City Attorney for review and potential investigation. The City Attorney may refer such complaints to the County of San Bernardino District Attorney. The District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney can elect to prosecute.

Nothing herein shall preclude the City Council from investigating the matter through other means, for example through a private investigator or outside counsel. In addition, nothing herein shall preclude the City Council from enforcing a violation of this policy in any manner available under applicable law.

Nothing herein shall create a private course of action not already available under applicable law.

SECTION VI: TRANSPARENCY
The City Clerk shall post the names and corresponding Council Ward, as appropriate, consistent with applicable confidentiality laws, of all candidates that have met the residency requirements of this Policy on the City's website and have a hard copy of the list available to be picked up at the City Clerk's Office during normal business hours.

Any confidential information shall be redacted before the public record is made available for inspection in accordance with the California Public Records Act. After the election, the list of qualified candidates shall be removed from the City website and hard copies will no longer be available for pickup at the City Clerk's Office.

A copy of this Policy shall be available, year-round on the City's website and a hard copy shall be available by request at the City Clerk Office during normal business hours. This will enable prospective candidates to review the residency requirements pursuant to this Policy.

SECTION VII: REVIEW
The Council may request, at a regularly scheduled meeting, to review the implementation and practice of this Policy and, if necessary, amend the Policy to reflect required changes.

SECTION 8: EFFECTIVE DATE
This Policy shall take effect upon final passage. This Policy, along with any subsequent amendments, shall be the Council Residency Policy of the City of San Bernardino.

Council Residency Policy Adopted February 2, 2022, by Resolution No. 2022-24.

Amended Council Residency Policy Adopted September 6, 2023 by Resolution No. 2023-140.

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City of San Bernardino
Residency Policy
Subject: Residency Policy for Elected Officials and Candidates for Elected Office Purpose: The following policy is enacted to establish what forms types of supporting documentation maycan be provided by City Council and Mayoral candidates and current sitting City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within the City limits.

Authority:Resolution No. 2023-XX2-24
SECTION I1:

PURPOSE OF POLICY
The following policy is enacted to establish what formstypes of supporting documentation can be provided by City Council and Mayoral candidates and sitting City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within the City they will or do represent.

Objectives of Policy:

1. A. To establish what formstypes of documentation are sufficient to establish residency pursuant to Charter section 301.

2. B. To establish what formstypes of documentation are sufficient to verify continued residency in the Ward or in the City for current elected officials.

3. C. To protect the interests of all San Bernardino citizens and maintain proper representation by developing policies that will help ensure that the Councilmembers truly reside in the Ward they represent and the Mayor truly resides in the City of San Bernardino

4. D. To adopt enabling legislation via a municipal resolution to establish necessary policies to accomplish the aforementioned objectives.

Accomplishing the above stated objectives will help ensure that both the letter and spirit of Charter Section 301 will be implemented as San Bernardino voters intended.

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SECTION II: 2

RESIDENCY REQUIREMENTS FOR MAYOR AND COUNCIL CANDIDATES In addition to providing the County of San Bernardino Registrar of Voters proof of voter registration at a residential address in the respective Ward when that residence is claimed by a candidate proof of voter registration at a residential address in the respective Ward when running for a City Council seat or within the City for the Mayoral seat, candidates must provide no less than two of the following additional documentation to the City Clerk to verify that candidates meet the 30 consecutive -day residency requirement. This additional documentation must be current and valid, in the candidate's name, and for an residence address at which the candidate has resided for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office: for a date not less than 30 days from the date the nomination paper is issued :

1. A. PROOF OF HOME OWNERSHIP/RENTAL PROPERTY. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the candidate’s address, or any other document that can verify home ownership and residency of the property; or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is the primary residence; or If candidates do not have a tax exemption on file, they must submit an affidavit signed by the candidate under penalty of perjury verifying that the home is the candidate's primary residence; or
If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit a signed and notarized affidavit, under penalty of perjury, by the homeowner or authorized legal representative of the entity verifying that candidate is living in the home as their primary residence; or If the residence is rented or leased by the candidate, the candidate will must provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the candidate has been a resident of their respective ward (or the City for Mayor) for a period of at

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least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office; resided at the specified address at least 30 days prior to issuing the nomination paper; or
If a candidate is living at a residence without a lease or rental agreement and whose name otherwise does not appear in the proof of home ownership, the
candidate may must submit a notarized affidavit signed by the residence’s landlord or property owner have the landlord or property owner sign a notarized affidavit verifying, under penalty of perjury, that the candidate resides at's residency in the landlord or owner's property.

2. B. PROOF OF CALIFORNIA MOTOR VEHICLE REGISTRATION WITH INSURANCE. Proof of California motor vehicle registration and current vehicle insurance, if any motor vehicles are registered to the candidate for at the residencey claimed, or proof of a valid and unexpired California driver's license or identification card showing their name and address is consistent with the address shown on the nomination paper. If the residence address on either the driver's license or auto registration is in the process of being changed to the candidate’s current a residence address in the respective Ward (or City for the Mayor) that residence is claimed for running for a City Council seat or at an address within the City for a Mayoral seat, the candidate must provide a document from the California Department of Motor Vehicles (Form DOMV 14, Notice of Change of Address) verifying the change was in process no less than at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office30 days before the issuing of the nomination paper. If a candidate does not own an automobile or does not have a California driver's license or identification card, the candidate may submit any other State of California issued identification showing the residence address on the identifying document is consistent with the residence address shown on the nomination paper filed.issued.

3. C. UTILITY BILL. An electric, gas, water, sewer, refuse, internet, cable TB, or landline phone bill in the candidate's name showing that the service address is consistent with the residence address in the candidate's nomination paper. In the event a utility bill has not yet been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate's name at the residence address in the candidate's nomination paper

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that is no less than dated no less than a period of at least thirty (30) days immediately preceding the date of filing their nomination papers for the office30 days from the date of issuance of the nomination paper will suffice. If there is an agreement with a landlord or other legal entity will paythat the tenant is not responsible for the utility bills, the candidate must submit a notarized affidavit signed by the landlord or the other legal entity's authorized legal representative verifying, under penalty of perjury, that the landlord or other legal entity is responsible for paying the utility bill.

4. D. OTHER DOCUMENTS WITH CURRENT ADDRESS DATED NOT OLDER THAN 90 DAYS AND AT LEAST THIRTY (30) CONSECUTIVE DAYS

IMMEDIATELY PRECEDING THE DATE OF FILING THEIR NOMINATION PAPERS FOR THE OFFICE.NOT LESS THAN 30 DAYS:
a. 1. School records or any official document issued by an accredited educational institution which lists the candidate’s current address. with current address sealed by the school.
b. 2. Current paycheck stub or personnel record issued by the candidate's employer showing the candidate's current residence address. c. 3. Current homeowner or renter's insurance policy.
d. 4. Current documents issued by any California court or federal court that lists the name of the candidate and the residence address.which list the candidate’s current address.
e. 5. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card which lists the candidate’s current address.

In addition to items 1-4 above,Additionally, the candidate must sign an affidavit, in a form approved by the City Clerk and City Attorney verifying residency, under penalty of perjury., residency.

If the candidate fails to provide any two (2) of the above-required documents (items 1-4) and the required affidavit, the candidate will not be permitted to file their nomination papers, issued the nomination paper for failure to meet the Charter Section 301 Ward

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residency requirement.

SECTION III3

PROVIDING PROOF OF RESIDENCY FOR COUNCIL CANDIDATES Candidates are required to file all of the documents specified in Section Two (2)3 above with the San Bernardino City Clerk’s Office for verification to demonstrate that they have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. at the time nomination papers are issued . The City Clerk will review and verify that all required information is correct and meets the requirements of this Policy. No later than five (5) calendar days from receipt of the candidate's documents, the City Clerk shall complete the review and verification of the documents. The City Clerk will then do one of the following:

A. If all City residency requirements are satisfied pursuant to the Policy, the City Clerk's Office will provide a correspondence correspond by email or certified mail to the candidate confirming that the candidate has met the City's residency requirements; or
B. If any deficiencies are discovered in the documents provided or certain documents are missing, the City Clerk's Office will provide a correspond ence by email or certified mail to the candidate identifying the specific deficiency(ies) or missing document(s). The candidate will have until the closing date of the nomination period to correct the deficiencies and re-submit the required documents for verification to the City Clerk; or C. If the candidate either fails to complete verification of all the requirements submitted residency documents required byof this Policy within the prescribed time limits, or the resubmitted documents do not meet the requirements of the Policy, the City Clerk will provide a correspond ence by email or certified mail to the candidate advising them of the failure to meet the requirements of the Policy; or
D. If the documents resubmitted by the candidate meet all requirements of this Policy, the City Clerk Office will provide a correspond ence by email or certified mail to the candidate confirming that the Policy's residency requirements have been met.

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SECTION IV4

PR OVIDING PROOF OF RESIDENCY FOR COUNCILMEMBERS AND MAYOR Councilmembers are required to live in the Ward they represent and the Mayor is required to live in the City of San Bernardino during their entire term in office. To ensure that the Councilmembers and Mayor continue to live in the area they represent, each elected official must submit one (1) of the following documents to the City Clerk during the last 31 calendar days of the year (December 1st to 31st), with the exception of the first year in office:

1. A. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence.

If the elected official does not have a tax exemption on filefile, they must submit an affidavit , signed by the elected official under penalty of perjury, verifying that the home is their primary residence; or If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying , under penalty of perjury, that the elected official is living in the home as their primary residence; or
If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit verifying, under penalty of perjury, the elected official '’s residency in landlord or owner'’s property.

2. B. Proof of current motor vehicle registration, if any motor vehicles are

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registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the ward they represent (or within the City for the Mayor ). If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration .

3. C. A current utility bill in the elected member's name showing that the service address is within the respective Ward for the Councilmember (or within the City for the Mayor ) in the elected official's name. In the event a utility bill is not available has not been generated , a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's authorized legal representative, verifying under penalty of perjury that the landlord or other legal entity is responsible
for paying the utility bill.

4. D. Other documents showing current residence address in the respective Ward for the Councilmember or City for the Mayor:
a. 1. School records or any official document issued by an accredited educational institution which lists the elected official’s current address. , sealed by the school.
b. 2. Current paycheck stub or personnel record issued by the elected official's employer.
c. 3. Current homeowner or renter insurance policy.
d. 4. Current documents issued by any California court or a federal court

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that lists the name of the elected official and their residence address. e. 5. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card, which lists the elected official’s current residence .

Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.

In the event that a Councilmember moved to a new residence within the Ward , or City for the Mayor, after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items 1 through 4 under Section 3 above, and an affidavit signed under penalty of perjury to the City Clerk.

Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate proof ofthe residence . address in the respective Ward that residence is claimed for serving in a City Council seat or at a residence address within the City for a Mayoral seat.

Failure to provide any of the above-required documents on or before December 31st st
of each year shall be referred to the City Council for further action.

SECTION V5

INVESTIGATION AND ENFORCEMENT
Any complaint alleging fraudulent compliance with this policyresidency complaints shall be submitted to the City Attorney for review and potential investigation. The City Attorney may refer such complaints to the County of San Bernardino Ddistrict Attorney. The District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the

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District Attorney can elect to prosecute.

Nothing herein shall preclude the City Council from investigating the matter through other means, for example through a private investigator or outside counsel. In addition, nothing herein shall preclude the City Council from enforcing a violation of this policy in any manner available under applicable law.

Nothing herein shall create a private course of action not already available under applicable law.

SECTION VI6:

TRANSPARENCY
The City Clerk shall post the names and corresponding Council Ward, as appropriate, consistent with applicable confidentiality laws, of all candidates that have met the residency requirements of this Policy on the City's website and have a hard copy of the list available to be picked up at the City Clerk's Office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection in accordance with the California Public Records Act. After the election, the list of qualified candidates shall be removed from the City website and hard copies will no longer be available for pickup at the City Clerk's Office.

A copy of this Policy shall be available, year-round on the City's website and a hard copy shall be available by request at the City Clerk Office during normal business hours. This will enable prospective candidates to review the residency requirements pursuant to this Policy.

SECTION VVI7:

REVIEW
The Council may request, at a regularly scheduled meeting, to review the implementation and practice of this Policy and, if necessary, amend the Policy to reflect required changes.

SECTION VIII8

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EFFECTIVE DATE
This Policy shall take effect upon final passage. This Policy, along with any subsequent amendments, shall be the Council Residency Policy of the City of San Bernardino.

Council Residency Policy Adopted February 2, 2022, by Resolution No. 2022-24 .

Amended Residency Policy adopted ________ _by resolution No. 2023-XX.

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Residency Policy
Subject: Residency Policy for Elected Officials and Candidates for Elected Office Purpose: The following policy is enacted to establish what types of supporting documentation can be provided by City Council and Mayoral candidates and sitting City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within the City Authority:Resolution No. 2022-24
SECTION 1

PURPOSE OF POLICY
The following policy is enacted to establish what types of supporting documentation can be provided by City Council and Mayoral candidates and sitting City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within the City they will or do represent.

Objectives of Policy:

1. To establish what types of documentation are sufficient to establish residency pursuant to Charter section 301

2. To establish what types of documentation are sufficient to verify continued residency in the Ward or in the City for current elected officials.

3. To protect the interests of all San Bernardino citizens and maintain proper representation by developing policies that will help ensure that the Councilmembers truly reside in the Ward they represent and the Mayor truly resides in the City of San Bernardino

4. To adopt enabling legislation via a municipal resolution to establish necessary policies.

Accomplishing the above stated objectives will help ensure that both the letter and spirit of Charter Section 301 will be implemented as San Bernardino voters intended.

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SECTION 2

RESIDENCY REQUIREMENTS FOR MAYOR AND COUNCIL CANDIDATES In addition to providing the County of San Bernardino Registrar of Voters proof of voter registration at a residential address in the respective Ward when that residence is claimed by a candidate running for a City Council seat or within the City for the Mayoral seat, candidates must provide no less than two of the following additional documentation to the City Clerk to verify that candidates meet the 30-day residency requirement. This additional documentation must be current and valid in the candidate's name and residence address for a date not less than 30 days from the date the nomination paper is issued:

1. PROOF OF HOME OWNERSHIP/RENTAL PROPERTY. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property; or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is the primary residence; or If candidates do not have a tax exemption on file, they must submit an affidavit signed by the candidate under penalty of perjury verifying that the home is the candidate's primary residence; or
If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit a signed and notarized affidavit, under penalty of perjury, by the homeowner or authorized legal representative of the entity verifying that candidate is living in the home as their primary residence; or If the residence is rented or leased by the candidate, the candidate will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the candidate resided at the specified address at least 30 days prior to issuing the nomination paper; or If a candidate is living at a residence without a lease or rental agreement and whose name otherwise does not appear in the proof of home ownership, the

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candidate may have the landlord or property owner sign a notarized affidavit verifying, under penalty of perjury, the candidate's residency in the landlord or owner's property.

2. PROOF OF CALIFORNIA MOTOR VEHICLE REGISTRATION WITH
INSURANCE. Proof of California motor vehicle registration and current vehicle insurance, if any motor vehicles are registered to the candidate for the residency claimed, or proof of a valid and unexpired California driver's license or identification card showing their name and address is consistent with the address shown on the nomination paper. If the residence address on either the driver's license or auto registration is in the process of being changed to a residence address in the respective Ward that residence is claimed for running for a City Council seat or at an address within the City for a Mayoral seat, the candidate must provide a document from the California Department of Motor Vehicles (Form OMV 14) verifying the change was in process no less than 30 days before the issuing of the nomination paper. If a candidate does not own an automobile or does not have a California driver's license or identification card, the candidate may submit any other State of California issued identification showing the residence address on the identifying document is consistent with the residence address shown on the nomination paper issued.

3. UTILITY BILL. An electric, gas, water, sewer, refuse, internet, cable TB, or landline phone bill in the candidate's name showing that the service address is consistent with the residence address in the candidate's nomination paper. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate's name at the residence address in the candidate's nomination paper that is no less than 30 days from the date of issuance of the nomination paper will suffice. If there is an agreement with a landlord or other legal entity will pay the utility bill, the candidate must submit a notarized affidavit signed by the landlord or the other legal entity's authorized legal representative verifying, under penalty of perjury, that the landlord or other legal entity is responsible for paying the utility bill.

4. OTHER DOCUMENTS WITH CURRENT ADDRESS DATED NOT OLDER THAN 90 DAYS AND NOT LESS THAN 30 DAYS:

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a. School records or any official document issued by an accredited educational institution with current address sealed by the school.
b. Current paycheck stub or personnel record issued by the candidate's employer showing the candidate's current residence address. c. Current homeowner or renter's insurance policy.
d. Current documents issued by any California court or federal court that lists the name of the candidate and the residence address.
e. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card.

Additionally, the candidate must sign an affidavit, in a form approved by the City Clerk and City Attorney verifying, under penalty of perjury, residency.

If the candidate fails to provide any two of the above-required documents (items 1-4) and the required affidavit, the candidate will not be issued the nomination paper for failure to meet the Charter Section 301 Ward residency requirement.

SECTION 3

PROVIDING PROOF OF RESIDENCY FOR COUNCIL CANDIDATES Candidates are required to file all of the documents specified in Section 3 above with the San Bernardino City Clerk Office for verification at the time nomination papers are issued. The City Clerk will review and verify that all required information is correct and meets the requirements of this Policy. No later than five (5) calendar days from receipt of the candidate's documents, the City Clerk shall complete the review and verification of the documents. The City Clerk will then do one of the following:

A. If all City residency requirements are satisfied pursuant to the Policy, the City Clerk's Office will provide a correspondence by email or certified mail to the candidate confirming that the candidate has met the City's residency requirements; or
B. If any deficiencies are discovered in the documents provided or certain

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documents are missing, the City Clerk's Office will provide a correspondence by email or certified mail to the candidate identifying the specific deficiency(ies) or missing document(s). The candidate will have until the closing date of the nomination period to correct the deficiencies and re-submit the required documents for verification to the City Clerk; or C. If the candidate either fails to complete verification of all the requirements of this Policy within the prescribed time limits, or the resubmitted documents do not meet the requirements of the Policy, the City Clerk will provide a correspondence by email or certified mail to the candidate advising them of the failure to meet the requirements of the Policy; or D. If the documents resubmitted by the candidate meet all requirements of this Policy, the City Clerk Office will provide a correspondence by email or certified mail to the candidate confirming that the Policy's residency requirements have been met.

SECTION 4

PR OVIDING PROOF OF RESIDENCY FOR COUNCILMEMBERS AND MAYOR Councilmembers are required to live in the Ward they represent and the Mayor is required to live in the City of San Bernardino during their entire term in office. To ensure that the Councilmembers and Mayor continue to live in the area they represent, each elected official must submit one of the following documents to the Cit Clerk during the last 31 calendar days of the year (December 1st to 31st), with the exception of the first year in office:

1. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence.

If the elected official does not have a tax exemption on file they must submit an affidavit signed by the elected official verifying that the home is their primary residence; or

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If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that the elected official is living in the home as their primary residence; or If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or
If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit verifying, under penalty of perjury, the elected official's residency in landlord or owner's property.

2. Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the ward they represent or within the City for the Mayor. If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration

3. A current utility bill in the elected member's name showing that the service address is within the respective Ward for the Councilmember or within the City for the Mayor in the elected official's name. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's authorized legal representative, verifying that the landlord or other legal entity is responsible

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for paying the utility bill.

4. Other documents showing current residence address in the respective Ward for the Councilmember or City for the Mayor:
a. School records or any official document issued by an accredited educational institution, sealed by the school.
b. Current paycheck stub or personnel record issued by the elected official's employer.
c. Current homeowner or renter insurance policy.
d. Current documents issued any California court or a federal court that lists the name of the elected official and their residence address. e. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card.

Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency.

In the event that a Councilmember moved to a new residence within the Ward, or City for the Mayor, after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items 1 through 4 under Section 3 and an affidavit to the City Clerk.

Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate the residence address in the respective Ward that residence is claimed for serving in a City Council seat or at a residence address within the City for a Mayoral seat.

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Failure to provide any of the above-required documents on or before December 31st of each year shall be referred to the City Council for further action.

SECTION 5

INVESTIGATION AND ENFORCEMENT
Any fraudulent residency complaints shall be submitted to the City Attorney for review and potential investigation. The City Attorney may refer such complaints to the County of San Bernardino district Attorney. The District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney can elect to prosecute.

Nothing herein shall preclude the City Council from investigating the matter through other means, for example through a private investigator or outside counsel. In addition, nothing herein shall preclude the City Council from enforcing a violation of this policy in any manner available under applicable law.

Nothing herein shall create a private course of action not already available under applicable law.

SECTION 6

TRANSPARENCY
The City Clerk shall post the names and corresponding Council Ward, as appropriate, consistent with applicable confidentiality laws, of all candidates that have met the residency requirements of this Policy on the City's website and have a hard copy of the list available to be picked up at the City Clerk's Office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection in accordance with the Public Records Act. After the election, the list of qualified candidates shall be removed from the City website and hard copies will no longer be available for pickup at the City Clerk's Office.

A copy of this Policy shall be available, year-round on the City's website and a hard copy shall be available by request at the City Clerk Office during normal business

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hours. This will enable prospective candidates to review the residency requirements pursuant to this Policy.

SECTION 7
REVIEW
The Council may request, at a regularly scheduled meeting, to review the implementation and practice of this Policy and, if necessary, amend the Policy to reflect required changes.

SECTION 8

EFFECTIVE DATE
This Policy shall take effect upon final passage. This Policy, along with any subsequent amendments, shall be the Council Residency Policy of the City of San Bernardino.

Council Residency Policy Adopted February 2, 2022, by Resolution No. 2022-24

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89 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Approval of the Mayor and City Council Meeting Minutes
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the minutes from the following meetings: February 1, 2023 Regular Meeting

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

DRAFT MINUTES

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

AUTHORITY
WEDNESDAY, FEBRUARY 1, 2023
5:30 PM
The Closed Session of the Mayor and City Council of the City of San Bernardino was called to order at 5:34 PM by Mayor Helen Tran on Wednesday, February 1, 2023, at Feldheym Central Library, San Bernardino, CA.

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

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Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

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

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

C)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item 7:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:07 PM by Mayor Helen Tran on Wednesday, February 1, 2023, at Feldheym Central Library, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Kevin Ward of Cathedral of Praise led the invocation and Natalie Goumashyan, a student at Cajon High School, led the Pledge of Allegiance.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated during closed session four items were discussed as listed on the agenda.

Item No. A-2, Juddit Rodriguez v. City of San Bernardino, a settlement of $100,000.00 was approved by a unanimous vote.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At the opening of Public Comments an announcement was made by City Clerk Rocha, that the number of Public Speaker slips received exceeded 30 speakers, and the time for public comment would be reduced to ninety seconds per speaker.

The following individuals spoke in favor of item No. 18 and various issues that affect the unhoused:

Sonya Gray Hunn Eunice Abel Jose Chavez

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Mayor and City Council of the City of San Bernardino Page 3 Shelly Thomas Sariya B Robert Carrillo
Yolanda Brown Ruth Campos Fidel Chagolla
Teresa Carlisle Jody Isenberg Desy Sanchez
Tracy Weed Nohemi Lopez Christian Flores
Kristen Malaby Maribel Nunez Victor Beecham
Olu-Ebube Meigs spoke on her status as a youth advocate at a shelter for homeless youth. She spoke on her inability to afford housing and she works full time.

Ruben Mendoza spoke as a member of the Youth Advisory Board; he spoke on his clients and a desire to use funding from outreach toward housing and implement SB679 similar to Los Angeles. He was in favor of Item No. 18.

Virginia Marquez Resident of 1 st ward commended the city for hiring ICM McNeely, wants the counsel to support him and Mayor Tran. Spoke on the Police Chief and her respect for him.

Deonte Johnson spoke on his status as a homeless runaway and the difficulty with the weather and trying to stay in school as an unhoused youth.

Kath Rogers of the ACLU spoke in favor of Item No. 18 and spoke on the desire for a policy on towing and impounding.

Natalie R Mata addressed a personal issue which resulted in her vehicle being impounded.

Pastor Michael Hall spoke about a program he runs called Operation Help, and discussed a Homeless Fair his church will hold.

Paula Plunk spoke on actions of the Planning Commission regarding grinding onsite.

Spoke on Daniel Hernandez, BBK, Council Member Sanchez, and the Police Chief.

Ronald Plunk spoke on the grinding issue and the issues that onsite grinding will cause the nearby residents who live in the area.

Robert Porter spoke on the point in time count, and the need for more volunteers. He also spoke on the reduction of time for public comments.

Luis Ojeda invited everyone to SB FoodFest and he spoke on the Oxbow cleanup. He spoke in opposition to Item No. 18.

Dolores Armstead spoke in opposition of Item No. 20 as a planning commissioner and business owner and believes the onsite crushing is dangerous.

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Mayor and City Council of the City of San Bernardino Page 4 James Smith resident spoke on the changes that are taking place in the city and his desire for the city to become an all-America city again.

Treasure Ortiz spoke in support of Item No. 18 but expressed that the item lacked a sufficient plan of action.

Jocelyn Sanders spoke on the Dorjil estates and the residents there who are facing eviction and lack legal representation.

E. Negrete spoke on Arroyo Valley Girls soccer making CIF and acknowledged Marlene, Nicole, Adriana, Jacklyn, Minnie Me, and the rest of the team. She also asked for clarity on the Purchasing Policy and reimbursement in PD.

City Clerk Genoveva Rocha read into the record the following names: Charles Brown, Patrice Brown, Juan Carlos Garcia, and Trina Miles.

These individuals were from the SEIU 2015 and were in favor of Item No. 18 but were no longer in attendance at the meeting.

City Clerk Genoveva Rocha read into the record written ADA accommodation public comment.

Tim Dourame spoke in opposition to Item No. 20 and in favor of Item No. 18 and requested a plan for the item.

Hardy Brown acknowledged the Mayor and all City Council and spoke on a certificate of recognition that was presented to him for his 60-year marriage. Spoke on diversity of the city council and the hiring of the Interim City Manager Charles McNeely and Police Chief Goodman.

At this time, a member of the public, Jeff Green, stated he had turned in a request to speak and was not acknowledged. The Mayor and City Council allowed Mr. Green to speak. Mr. Green spoke in support of Item No. 18 and the need for the poor to have housing.

CITY MANAGER UPDATE
At this time, Public Information Officer Jeff Kraus provided city-wide updates, the announcements included the 2023 Homeless Point in Time Count, Funding of 1.4 million dollars for renovating the Roosevelt Bowl presented by Congressman Pete Aguilar, Public Works staff efforts, Police Department staff efforts, Black History Month, and Wildwood Park Flagpole dedication for Tony Marzullo.

Interim City Manager Charles McNeely provided his observations and plans to guide the city. His plan includes coordinating a workshop to address the property tax issue with the county. Discuss developing a comprehensive strategic plan, long-term vision for the city, and formal process for legislative issues. Developing a formal Economic Development program approved by the Mayor and Council. Develop a plan to salvage City Hall and complete the building renovation. Addressed the need to determine the

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MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS Mayor Tran and members of the City Council spoke about events attended and upcoming events in the community. Items of note included the 2023 Homeless Point in Time Count, Black History Month, Wildwood Park Flagpole dedication to Tony Marzullo, League of California Cities Commission meeting for Community Services attended by Council Member Calvin, and the 94th season of the San Bernardino Symphony.

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

RESULT: APPROVED THE CONSENT CALENDAR, STAFF PULLED ITEM NO. 17 FOR ADDITIONAL WORK ON THE ITEM [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

1. Amendment No. 3 to Professional Services Agreement with Advanced Pet Care (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement (PSA) with Advanced Pet Care, and increase the annual contract amount to
$250,000.

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

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2. Agreement with Horizons Construction Company International, Inc., for Asphalt Maintenance and Street Segment Repair Services (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1.Authorize the City Manager, or designee to execute a Maintenance Services Agreement with Horizons Construction Company International Inc., for asphalt maintenance and street segment repair services; and

2.Adopt Resolution No. 2023-021 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $450,000; and Authorize the Agency Director of Administrative Services to issue a purchase order in the amount not to exceed $450,000.

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

3. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for October to December 2022.

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

4. Adopt Ordinance No. MC­1605 amending Section 3.04 of the Municipal Code (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Ordinance No. MC-1605 amending Section 3.04 of the Municipal Code of the City of San Bernardino, California.

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

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5. Technical Correction to Fiscal Year 2022/23 1st Quarter Report (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1.Adopt Resolution No. 2023-022 of the Mayor and City Council of the City of San Bernardino, California, approving the increase to the salary ranges for Forensics Specialist II and Community Service Officer.

2.Approve the amendment of the city-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

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

6. Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Management Association (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Management Association (SBPMA).

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

7. Agreement with the County of San Bernardino for access to the Sheriff’s Department Automated Systems
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute a 5-Year agreement between the City of San Bernardino, California and the County of San Bernardino, California for access to the Sheriff’s Department Automated Systems.

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

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8. Construction Agreement Award – Roof Replacement at Perris Hill Senior Center (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1.Approve the awarding of a Construction Agreement with Pacific Builders & Roofing, Inc., dba WSP Roofing, in the amount of $176,900 for the construction of Roof Replacement at Perris Hill Senior Center ("Project"); and

2.Authorize the project construction, construction contingencies, and engineering and inspection costs in the total amount of $205,000 for construction of the Project; and

3.Authorizing the City Manager or designee, to execute all documents with Pacific Builders & Roofing, Inc. dba WSP Roofing; and

4.Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Council Member Alexander asked if there were local vendors who bid on this project, Acting City Engineer Susan Pan advised that no local vendors submitted a bid for the project.

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

9. Amendment No. 1 to Cooperative Agreement with County of San Bernardino for Arrowhead Farm Area Street Rehabilitation (Ward 4) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-023:

1.Approving Amendment No. 1 to the Cooperative Funding Agreement with the County of San Bernardino for Arrowhead Farm Area Street Rehabilitation; and

2.Authorizing the Agency Director of Administrative Services to amend the FY 2022/24 Capital Improvement Plan, recording a supplemental appropriation in the amount of $425,000 in Measure S Fund, for a total project cost of $915,000: and

3.Authorizing the City Manager or designee to execute Amendment No. 1 to Cooperative Funding Agreement 20-946.

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

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10. Establish a “No Parking Anytime” Parking Restriction on both sides of the Median Island along Windsor Drive between Gilbert Street and Baseline Street (Ward 2)
Recommendation
Adopt Resolution No. 2023-024 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 3985 entitled, in part, “A Resolution Prohibiting Parking Upon Certain Designated Streets, Alleys or Portions Thereof...” to establish a “No Parking Anytime” zone on both sides of the median island along Windsor Drive between Gilbert Street and Baseline Street.

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

11. Adoption of Ordinance No. MC-1608 (Annexation 28) (Ward 5) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1608 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

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

12. Adoption of Ordinance No. MC­1610 (Annexation 30) (Ward 5) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1610 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

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

13. Adoption of Ordinance No. MC­1611 (Annexation 32)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1611 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

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

14. Irrevocable Agreement to Annex No. 2023­372 (Ward 6 Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2023-025 of the Mayor and City Council of the City of San Bernardino.

California, approving the application to the Local Agency Formation Commission to provide City sewer services to property located within the unincorporated territory at 3835 June Street, San Bernardino, California; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

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

15. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 33, Tax Zone No. 34 (GWS #7) (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-026 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 33) and authorizing the levy of a special taxes therein.

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

16. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 34, Tax Zone No. 35 (Clean Energy Fuel) (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-027 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 34) and authorizing the levy of a special taxes therein.

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

17. Amendment No. 7 to Cooperative Agreement 04­040 with San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Station and Santa Fe Depot
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1.Approve the Amendment No. 7 to Cooperative Agreement 04-040 with San Bernardino County Transportation Authority (SBCTA) for the San Bernardino Metrolink Station and Santa Fe Depot; and

2.Authorize the City Manager to execute the amendment to the agreement.

City Manager McNeely pulled this item for additional work and indicated the item would return at a date to be determined.

ITEM WAS PULLED BY STAFF FOR ADDITIONAL WORK.

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DISCUSSION

18. Homelessness State of Emergency Declaration (All Wards) Recommendation:

It is Recommended that the Mayor and City Council of the City of San Bernardino:

1.Adopt Resolution No. 2023-028 declaring a Homelessness State of Emergency; and

2.Direct the City Manager or his designee the ability to take certain administrative actions to streamline the provision of shelter to people experiencing homelessness; and

3.Provide direction to Staff whether or not to prepare an ordinance (1) adopting California Residential Code Appendix X and California Building Code Appendix O and/or (2) making amendments to the San Bernardino Municipal Code for its consideration.

Councilmember Shorett commented that he wanted to plan on the expansion of the current School of Hope property for transitional housing.

Councilmember Ibarra proposed having a third party to employ the homeless to help them become productive members of the community. Councilmember Ibarra questioned what it means to declare a Housing State of Emergency. Deputy Director Searcy provided clarification.

Councilmember Calvin requested a copy of the predetermined locations for the housing projects that were selected in 2010. In addition, concerns were raised regarding running out of housing and the existence of a list of facilities for individuals to seek shelter.

Councilmember Alexander requested a list of the ongoing projects to provide a status report to the public. Councilmember Alexander also expressed concerns of Mary’s Mercy Centers available beds not being included in the presentation provided.

Councilmember Figueroa expressed concern on focusing on assisting those with drug and mental health issues to address the some of the housing issues, with the unhoused.

City Attorney Carvalho provided feedback on Councilmember Figueroa’s concerns in mentioning the Care Court, which was signed into law by Governor Newsom, to address issues of mental health.

RESULT: APPROVED [7-0]
MOVER:Kimberly Calvin, Council Member, Ward 6
SECONDER:Damon Alexander, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

19. Increase lighting at parks citywide (All Wards) Council Member Reynoso RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER:Damon Alexander, Council Member, Ward 7
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

20. Consider repeal of Resolution 2020-265. Issue written notice directing the Planning Commission, in accordance with Government Code 65853, to render within 40 days its report on crushing restriction of unfinished materials within 1,000 feet of residentially-zoned property (All Wards) – Council Member Sanchez
Councilmember Sanchez made a motion to approve item No. 20, Mayor ProTem Shorett seconded the motion. Councilmember Reynoso then made a substitute motion to deny item No. 20. A vote was taken on the substitute motion and the motion failed 3- 4 with Councilmembers Sanchez, Ibarra, Figueroa, and Shorett voting in opposition.

RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [4-3] MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett
NOES:Ben Reynoso, Kimberly Calvin, Damon Alexander
Mayor Tran closed the meeting with a moment of silence for long time resident Albert Okura who passed away, as well as victims of mass shootings nationwide.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, February 1, 2023, at 10:38 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, February 15, 2023, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410.Closed Session will begin at 5:30 p.m. Open Session will begin at 7:00 p.m.

By:_________________________
Genoveva Rocha, CMC

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 6, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Interim City Manager;
Mary Lanier; Interim Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Adoption of Ordinance No. MC-1617 for CFD No. 2019- 1 (Maintenance Services), Annexation No. 35 (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1617 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Executive Summary
The recommended action is the final step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City‘s CFD to mitigate its impacts for maintenance service of public facilities as a result of the new development. The Public Hearing was held on August 2, 2023, approving the annexation and conducted the first reading of the Ordinance. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development.

Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the

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provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for July 17, 2019 for the issue of establishment of the community facilities district.

Discussion
On August 2, 2023, Ordinance No. MC-1617 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1617 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Attachments
Attachment 1 Ordinance No. MC-1617 (Ordinance Levying Special Taxes)
Attachment 2 Exhibit A – Description of Services
Attachment 3 Exhibit B – Description of Territory
Attachment 4 Project Location Map
Ward:

Second Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San

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Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1;
Resolution No. 2019-179 declaring election results for
Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.

August 7, 2019 Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.

June 21, 2023 Mayor and City Council adopted Resolution No. 2023-085, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
August 2, 2023 Mayor and City Council adopted Resolution No. 2023-123 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1
(Annexation No. 35), and adopted Resolution No. 2023-124 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 35); and introduced Ordinance No. MC-1617 amending Ordinance No. MC-1522.

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Ordinance No. MC-1617
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1 8
2 ORDINANCE NO. MC-1617

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on August 2, 2023, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on

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Ordinance No. MC-1617
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2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.

SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur 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 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

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

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Ordinance No. MC-1617
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2 Attest:

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

Sonia Carvalho, City Attorney

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Ordinance No. MC-1617
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2 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-1617, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 2 nd day of August 2023. Ordinance No. MC-1617 was approved, passed, and adopted at a regular meeting held 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

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EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will inc lude all costs attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways , streets, roads and open space, which maintenance and lighting services may inc lude, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation s ituated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public struc tures situated on parks, parkway s, streets, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replac ement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential s ubdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT B

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 201 9-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 35 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
0285-742-18 Simoncre JC Saguaro III LLC

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HIGHLAND AVE

VALARIA
DR

EUCALYPTUS
DR

LYNWOOD WAY
23 RD ST
·|}þ210

MILL ST
ORANGE
ST

WATER ST
H ST

MARSHALL BLVD

PARK AVE
ARROW

HEAD AVE
CHURCH
AVE
MERRIS DR5 TH ST
36TH ST

CITRUS ST
48TH ST

BASE LINE STD
ST
LENA
RD
39TH ST
3RD ST
30TH ST

PIEDMONT DR
8TH ST

SPRUCE ST
3 RD ST
7TH ST

GILBERT ST

SEPULVEDA AVE
28TH ST
M

OUNTAIN AVE
6TH ST

GROVEAVE
ELM
AVE

HEMLOCKDR

TERRACE DR

CENTER ST

DATE ST
34TH ST
SEINE
AVE
56TH ST
21ST ST
2ND ST
PALM
AVE

BASELINE ST

THIRD AVE

BACON LN
18TH ST
23RD ST
40TH ST

BASELINE DR
ELM
W

OOD AVE
26TH ST 25TH ST

CASE AVE

SHEFFIELD DR

OSBUN RD
29TH ST

DUNDEE AVEVINE ST

FIRST AVE
5TH STELM
ST
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 35

PROJECT MAP
^

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CONSENT CALENDAR
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;
Mary Lanier, Interim Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Adoption of Ordinance No. MC-1618 for CFD No. 2019- 1 (Maintenance Services) (Annexation 36) (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1618 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Executive Summary
The recommended action is the final step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result of the new development. The Public Hearing was held on August 2, 2023, approving the annexation and conducted the first reading of the Ordinance. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development.

Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for July 17, 2019 for the issue of establishment of the Community Facilities District.

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Discussion
On August 2, 2023, Ordinance No. MC-1618 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1618 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Attachments
Attachment 1 Ordinance No. MC-1618 (Ordinance Levying Special Taxes) Attachment 2 Exhibit A – Description of Services
Attachment 3 Exhibit B – Description of Territory
Attachment 4 Project Location Map
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”

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July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1;
Resolution No. 2019-179 declaring election results for
Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.

August 7, 2019 Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.

June 21, 2023 Mayor and City Council adopted Resolution No. 2023-086, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
August 2, 2023 Mayor and City Council adopted Resolution No. 2023-125 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1
(Annexation No. 36), and adopted Resolution No. 2023-126 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 36); and introduced Ordinance No. MC-1618 amending Ordinance No. MC-1522.

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Ordinance No. MC-1618
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6 ORDINANCE NO. MC-1618

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on August 2, 2023, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on

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6 the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof.

SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur 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 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

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

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Ordinance No. MC-1618
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6 Attest:

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

Sonia Carvalho, City Attorney

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Ordinance No. MC-1618
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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-1618, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 2 nd day of August 2023. Ordinance No. MC-1618 was approved, passed and adopted at a regular meeting held 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

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EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will inc lude all costs attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways , streets, roads and open space, which maintenance and lighting services may inc lude, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation s ituated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public struc tures situated on parks, parkway s, streets, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replac ement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential s ubdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT B

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 36 is currently comprised of two (2) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number s (APNs).

APN Owner Name
0266-041-22 DP Industrial Parkway LLC
0266-041-40 DP Industrial Parkway LLC

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SUNSET
LN
WALNUT
AVE

KENDALL
DR
PALM
AVE
OLIVE
AVE
CAJON
AVE
PINE
AVE

SOUTHERN

PACIFIC
RR

INDUSTRIAL
PKWY

IRVINGTON
AVE

SHERIDAN RD

WASHINGTON ST
WHITE

PINE AVE
LITTLE
LEAGUE
DR
A.T.&S.F.

RR
CAJON
BLVD
£¤66
§¨¦
215
^_
£¤66

MILL ST
16TH ST

SPRUCE ST

SIERRA W

AYNINTH ST

CAMPUS WAY
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE
17TH ST

BASE LINE ST

SECOND ST

PACIFIC ST

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE

SAN BERNARDINO AVE
M

T VERNON AVE

NORMAN RD

PENNSYLVANIA AVE
W
ATERM
AN AVE

CITRUS AVE

ACADEMY ST
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦
215
§¨¦
10 CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 36

PROJECT MAP

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CONSENT CALENDAR
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
By: Mary E. Lanier, Interim Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Approve the Professional Services Agreement for Security Services and Issuance of a Purchase Order
to Redwood Private Security, LP., for FY 2023/24
(Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-141 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute the Professional Services Agreement for Security Services between the City of San Bernardino and Redwood Private Security, LP; and

2. Authorize the Agency Director of Administrative Services to amend the FY 2023/24 Budget by appropriating $80,000 from the General Fund to the Community Economic Development Department Professional / Contractual Fund to provide funding for the Professional Services Agreement; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order to Redwood Private Security, LP.

Executive Summary
The recommended actions will satisfy the Lease Agreement terms with Regal Cinemas, Inc. for the City to provide security services for the Regal Theater location. The existing security guard services are limited in scope to the adjacent City-owned parking lots. The

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proposed Agreement for Security Services will provide one armed security guard to patrol the Regal movie theater common areas Monday through Sunday, 12 PM to 2 AM.

Background
The Regal Theater is owned by the City of San Bernardino and consists of seven (7) parcels (APNs 0134-121-27, 0134-131-35, 0134-131-36, 0134-131-37, 0134-131-28, 0134-121-25, 0134-131-29) totaling 5.18 acres and is located at 450 N. E Street. The Regal Theater was constructed between 1996 and 1998 and consists of a 14 screen megaplex movie theater, with indoor concession stands and mini video game arcade.

Regal Theater consists of a 65,791 square feet movie theater and 33,000 square feet of potential retail/restaurant development property with 2.6 acres of parking. The property is designated as Commercial General 2 (“CG-2”) on both the General Plan Land Use Map and on the Zoning Map.

The theatre property was originally owned by the former San Bernardino Redevelopment Agency (“Agency”). The theater was acquired by the Agency in order to meet the revitalization goals of the City and to alleviate the existence and spread of physical and economic blight throughout the City. Over the years, there have been three operators that have managed the theater maintenance and operations of the theater: including the related parking facilities.

The original Lease Agreement with Regal Cinemas, Inc. was dated January 4, 2012. In August 2022, the Lease Agreement was extended pursuant to an extension option.

Section 9.02 (7) of the Lease Agreement Extension indicates that the City must provide security services for common areas, to include parking facilities and open-air areas adjacent to the movie theater.

Discussion
On January 1, 2023, the City posted RFP F-22-80A seeking a vendor to provide security services for a variety of City properties. RFP F-22-80A included security services for the open areas of the Regal Movie Theatre. Redwood Private Security, LP was selected to perform these services pursuant to RFP F-22-80A.

The Professional Services Agreement with Redwood Private Security, LP will include one armed security guard that will be assigned to patrol the Regal Theater, located at 450 N.

E Street. Armed security patrols of the common areas of the Regal Theater building and adjacent parking lots will include: (1) evicting trespassers; (2) controlling the ingress and egress of employees, theater patrons, and vehicles according to protocols; (3) monitoring surveillance cameras to identify disruptions or unlawful activities; and (4) providing detailed reports on daily activities and any incidents that may have occurred to management. The Professional Services Agreement provides armed security coverage from 12 PM to 2 AM, Monday through Sunday.
2021-2025 Strategic Targets and Goals
Outside security services for the Regal Theatre is consistent with Key Strategic Target No. 1: Improved Operational & Financial Capacity – Security services is a requirement of

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the Lease Agreement and will allow the Regal Theatre to continue to operate while the City continues to develop and enhance downtown San Bernardino. These services are also consistent with Key Strategic Target No. 3: Improved Quality of Life - by providing additional public safety services.

Fiscal Impact
The impact to the General Fund is an amendment of $80,000 to support this item.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-141 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute the Professional Services Agreement for Security Services between the City of San Bernardino and Redwood Private Security, LP; and

2. Authorize the Agency Director of Administrative Services to amend the FY 2023/24 Budget by appropriating $80,000 from the General Fund to the Community Economic Development Department Professional / Contractual Fund to provide funding for the Professional Services Agreement; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order to Redwood Private Security, LP.

Attachments
Attachment 1: Resolution No. 2023-141
Attachment 2: Exhibit A – Professional Services Agreement – Redwood Private Security, LP
Attachment 3: RFP F22-80A
Attachment 4: Lease Agreement with Regal Cinemas, Inc.

Ward:

First Ward
Synopsis of Previous Council Actions:

None

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Resolution No. 2023-141
Resolution No. 2023-141
August 18, 2023

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RESOLUTION NO. 2023-141

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

PROFESSIONAL SERVICES AGREEMENT FOR

SECURITY SERVICES BETWEEN THE CITY OF SAN

BERNARDINOL AND REDWOOD PRIVATE SECURITY,
LP.; AND AUTHORIZING THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE FY
2023/24 BUDGET BY APPROPRIATING $80,000 FROM THE

GENERAL FUND TO THE COMMUNITY AND ECONOMIC

DEVELOPEMNT DEPARTMENT PROFESSIONAL /

CONTRACTUAL FUND TO PROVIDE FUNDING FOR THE
PROFESSIONAL SERVICES AGEEMENT; AND

AUTHORIZE THE AGENCY DIRECTOR OF

ADMINSTRATIVE SERVICES TO ISSUE A PURCHASE
ORDER TO REDWOOD PRIVATE SECURITY, LP.

WHEREAS, pursuant to that Lease Agreement, dated January 4, 2012, Regal Cinemas rents property from the City of San Bernardino (“City”) in order to operate a movie theatre; and WHEREAS, pursuant to Section 9.02(7) of the Lease Agreement, the City must provide security services for the open-air areas adjacent to the movie theater (the “Regal Movie Theatre”); WHEREAS, on January 1, 2023, the City posted RFP F-22-80A seeking a vendor to provide security services for a variety of City properties; and WHEREAS, RFP F-22-80A included security services for the area adjacent to the Regal Movie Theatre; and
WHEREAS, Redwood Private Security, LP was selected to perform these services pursuant to RFP F-22-80A.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2.The Mayor and City Council hereby authorize the City Manager to execute the Professional Services Agreement with Redwood Private Security, LP, attached hereto as Exhibit “A”.

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Resolution No. 2023-141
Resolution No. 2023-141
August 18, 2023

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SECTION 3. The Agency Director of Administrative Services is authorized to approve the FY 2023/24 Budget by appropriating $80,000 from the General Fund to the Community Economic Development Department Professional / Contractual Fund to provide funding for the Professional Services Agreement effective September 6, 2023.

SECTION 4. The Agency Director of Administrative Services is authorized to issue a purchase order to Redwood Private Security, LP pursuant to RFP F-22-80A.

SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 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

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Resolution No. 2023-141
Resolution No. 2023-141
August 18, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-141, 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

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8 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND REDWOOD PRIVATE SECURITY, LP
This Agreement is made and entered into as of September 6, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and REDWOOD PRIVATE SECURITY, LP a partnership with its principal place of business at 473 E.

Carnegie Dr. #200, San Bernardino, CA 92408 (hereinafter referred to as “Consultant”).

City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Armed Security Services (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by

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8 Consultant under this Agreement exceed the sum of $80,000.00 annually. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2024, with a two (2) one (1) year options to extend.

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.

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8 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

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8 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be

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8 at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

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8 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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8 Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.

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8 (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.

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8 (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of

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8 the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled

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8 to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Jason Berckart as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post

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8 Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Michael Yarbrough,
Real Property Manager
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:

Redwood Private Security, LP
473 E. Carnegie Dr. #200
San Bernardino, CA 92408
Attn: Jason Berckart, CEO

30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns

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8 of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

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

44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]

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8 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND REDWOOD PRIVATE SECURITY, LP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

REDWOOD PRIVATE SECURITY, LP
Signature
Name
Title

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8 EXHIBIT A

SCOPE OF SERVICES

OUTSIDE ARMED SECURITY GUARD DUTIES AND RESPONSIBILITIES AT THE

REGAL THEATER, DOWNTOWN SAN BERNARDINO
The overall duty of an armed Security Guard is to protect the Regal Theater’s property, employees and visitors. Here are their daily responsibilities:
• Patrolling and monitoring activities on the Regal Theater’s premises Monday through Sunday, 12 PM to 2 AM, to discourage criminals and ensure the environment is safe and secure for movie-goers.
• Evicting trespassers and violators and detaining perpetrators while following legal protocols before relevant authorities arrive to take over. • Controlling the entrance and departure of employees, movie-goers, and vehicles according to protocols.
• Monitoring surveillance cameras to watch out for any disruptions or unlawful activities.
• Providing detailed reports on daily activities and any incidents that may have occurred to management.
• Using provided communication devices such as two-way radios in a clear and concise manner.

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8 SCHEDULE OF CHARGES
Description Unit of Measure Price
Straight Hours 40 per week $1,197.60
Overtime Hours 6 per week $269.46
46 Total Hours per week of Coverage
Calculation for Weekly Pricing
40 Straight Hours X $ 29.94 $ 1,197.60 per week rate
6 Overtime Hours X $ 44.91 $ 269.46 per week rate
Weekly Wage + Overtime Wage $ 980.00 per week total
Weekly Total X 52 Weeks = Fiscal 2023 Cost $ 76,287.12 Fiscal Year Total
Total Cost Fiscal Year Cost $ 76,287.12

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KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS

1. Performance Expectations
•A Performance Measurement Plan (“Performance Plan”) may be required to be developed by the City Community Development Real Property Division and may be reviewed on a quarterly basis.
•Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below: TBD by the City’s Community Development Real Property Division •Consultant may be required to develop and distribute, electronically, a monthly summary report showing the current status and 12-month trend of each performance measure.
•Consultant may be required to attend quarterly meetings scheduled by the City’s Community Development Real Property Division and present and discuss performance measures.
•Consultant may be required to track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis.

2. Performance Measures

1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury
b. Safety Measures is related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility.

2. Quality:
a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.

3. Cost Savings:
a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related to savings that a vendor makes and passes on to the County.

4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished products and deliveries made in time. This

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b. On-Time Delivery measure is related to service contracts, were the samples are delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples.

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REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR
RFP F-22-80A

OUTSIDE ARMED SECURITY SERVICES

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
WWW.SBCITY.ORG

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CITY OF SAN BERNARDINO

NOTICE INVITING PROPOSALS

OUTSIDE ARMED SECURITY SERVICES
RFP F-22-80A
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino via Planetbids until 3:00 PM, February 23, 2023. Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted.

The City is requesting proposals to provide: Outside Armed Security Services The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, www.sbcity.org. All addenda will be published on the City’s website.

For more information regarding the RFP, please contact:

City of San Bernardino Purchasing Department
[email protected]

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CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

OUTSIDE ARMED SECURITY SERVICES
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for Outside Armed Security Services (“Services”).

To serve and promote the welfare of its residents, the City intends to procure the Services, as described below.

The City is in process of revitalizing downtown San Bernardino, and the Regal Theater is an integral part of downtown. Security is important for safe patronage, especially during night hours. Moviegoers should have safety measures in place to enhance their theater-going experience.

II. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Professional Service Agreement executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “C” and incorporated herein by this reference.

B. City Contact for this RFP
The principal contact for the City regarding this RFP will be Michelle Parra, Buyer for the Purchasing Department, (909)384-5242, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and directed to the City Contact for this RFP, identified above.

All written questions, if answered, will be issued to all prospective proposers via email notification from Planetbids. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing.

To ensure a response, questions must be submitted to Planetbids by 3:00 p.m. local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information and responses to questions prior to submitting a 1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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proposal.

D. Pre-Proposal Meeting
Meeting is not required.

E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include one (1) electronic proposal submitted to Planetbids. Proposals shall be organized, tabbed, and numbered in the order presented below.

Proposals must include page numbers for all pages in the proposal.

Proposals shall be in the following order and shall include:

1. Executive Summary: (limit: 1 page) Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents: (limit: 1 page)

3. Identification of Proposer: (limit: 1 page)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number

4. Staffing Resources: (limit: 2 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.

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(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

5. Fiscal Stability: (limit: 4 pages- not including supporting documentation) a. The Proposer should provide evidence of corporate stability including:
(i) A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or
(ii) A letter from a financial institution stating a current line of credit; and
(iii) Latest audited financial statement and/or annual report that has been certified by a CPA. This information will remain confidential and is not subject to public disclosure.

6. Experience and Technical Competence: (limit: 5 pages) a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of services.

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(v) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing

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concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws or
regulations.

Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.
c. Technical Competence
(i) Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the services requested in this RFP.

7. Proposed Method to Accomplish the Work: (limit: 2 pages) Describe the technical and management approach to providing the services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

8. Fee Proposal: (limit: 10 pages) Please provide a Unit Cost fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”). Fee Proposal shall be uploaded separately to Planetbids under the “Cost File” tab.

9. Certificate of Insurance: (limit: 2 pages) - not including supporting documentation) See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements. Proposer shall provide a copy of their Certificate of Insurance showing that their insurance meets the requirements of the city.

10. Litigation: (limit: 2 pages) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

11. Other Information: (limit: 2 pages) This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.

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b. Description of community involvement.
c. Description of any previous involvement with the City. d. A statement that the Proposer has no conflicts of interest in connection with providing the Services.

12. Certification of Proposal: This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”

13. Appendices: (limit: 2 pages)
F. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein. If proposer does not take any exceptions or deviations from the terms and conditions indicated in the agreement, then the proposer must indicate this information by making a statement within the proposal documents.

G. Selection Process

1. The City will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California.
b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
g. Fee proposal.
h. Comments by references. (Pass/Fail)
i. Exceptions/Deviations to RFP/Agreement Template

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(Pass/Fail)
j. Litigations (Pass/Fail)

2. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

3. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.

The City Council has the final authority to approve or reject the Agreement.

H. Protests

1. Protest Contents: Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest shall waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

2. City Review: The City will review and evaluate the basis of the protest, provided that the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest.

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

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I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal January 26, 2023
Last Day to Submit Questions for Clarification
received by the City on or before 3:00 pm
February 8, 2023
Clarifications Issued by City on or before 3:00 pm February 14, 2023 Deadline for Receipt of Proposals
submitted on or before 3:00 pm
February 23, 2023
The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.

All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

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5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP shall become the exclusive property of the City and shall become public records under the California Public Records Act. Furthermore, the City shall have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this procurement.

Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for system to process your proposal. The Proposal must be received no later than 3:00pm PST, on or before February 23, 2023. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions.

K. General Conditions

1. Amendments to RFP: The City reserves the right to amend the RFP and issue to all Proposers an addendum.

2. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification shall be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.

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3. Non-Responsive Proposals: A proposal may be considered non- responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

4. Costs for Preparing: The City shall not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.

5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.

6. Price Validity: Prices provided by Proposers in response to this RFP are valid for 120 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.

7. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

8. Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the Proposer whose proposal best meets City’s requirements.

9. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

Publication Date of RFP: January 26, 2023

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EXHIBIT A
SCOPE OF SERVICES: OUTSIDE ARMED SECURITY GUARD DUTIES AND RESPONSIBILITIES AT THE

REGAL THEATER, DOWNTOWN SAN BERNARDINO
The overall duty of an armed Security Guard is to protect the Regal Theater’s property, employees and visitors. Here are their daily responsibilities:
• Patrolling and monitoring activities on the Regal Theater’s premises Monday through Sunday, 12 PM to 2 AM, to discourage criminals and ensure the environment is safe and secure for movie-goers. • Evicting trespassers and violators and detaining perpetrators while following legal protocols before relevant authorities arrive to take over.
• Controlling the entrance and departure of employees, movie-goers, and vehicles according to protocols. • Monitoring surveillance cameras to watch out for any disruptions or unlawful activities. • Providing detailed reports on daily activities and any incidents that may have occurred to management. • Using provided communication devices such as two-way radios in a clear and concise manner.

Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.Please Sign and Acknowledge Here: ___________________________________________________________________________________________________________________If Bidder can provide additional services that are related to the services above, but not mentioned in this section,please list the additional services and detail how they will be beneficial to the cityBIDDER’S RESPONSE:

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EXHIBIT “B”
Fee Proposal
Description Unit of Measure Price
Straight Hours 40 per week
Overtime Hours 6 per week
46 Total Hours per week of Coverage
Calculation for Weekly Pricing
40 Straight Hours X $ $______per week rate
6 Overtime Hours X $ $______per week rate
Weekly Wage + Overtime Wage $______per week total
Weekly Total X 52 Weeks = Fiscal 2023 Cost $______Fiscal Year Total Total Cost Fiscal Year Cost $

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EXHIBIT C

CITY OF SAN BERNARDINO

PROFESSIONAL SERVICE AGREEMENT

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF

ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
[***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

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4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” [***Alternatively, the compensation schedule may be described here***] b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. [***Additionally, the City may include a CPI price adjustment, delete the following language if such adjustment will not be used***] Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”). [***Alternatively, the term can be spelled out in this section without reference to the Exhibit***]

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period

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of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as
requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of

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clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B” and incorporated herein by this reference. [***IF

NO PERFORMANCE INDICATORS WILL BE USED DELETE THE ABOVE LANGUAGE AND ACCOMPANYING EXHIBIT B***]

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.

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(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any
time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein.

Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
Article I. At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance

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appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Aviation and/or Drone Liability [***REMOVE SECTION IF NOT APPLICABLE***]
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation and/or Drone Liability $1,000,000 per occurrence limit [***REMOVE IF NOT APPLICABLE***]

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(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives

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its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided

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by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),

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employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). [***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK

SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the

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event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign [***INSERT NAME***] as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

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29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]

30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and

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provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

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42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

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

44.[***DELETE SECTION IF THESE PENALTIES WILL NOT BE USED***] Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Name
Title

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CONSENT CALENDAR
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;
Mary Lanier, Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Authorization to Proceed with Investigation and Analysis for Proposed Street Vacation of a Portion of
Harris Street (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Harris Street.

Executive Summary
The recommended action will authorize staff to complete an investigation and analysis into the impacts of the proposed street vacation of a portion of Harris Street. The analysis will include contacting area stakeholders and utility providers to ensure that there are no conflicts with existing easements and that the vacation will not have an adverse effect on the neighboring properties.

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

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A petition to vacate a portion of Harris Street was received on June 7, 2021, from O&A Development, LLC. The stated reason for the petition to vacate this portion of Harris Street is to terminate the right of way running through the center of an industrial development thereby making the parcels contiguous.

Discussion
If authorization is given to proceed, an investigation and analysis will begin and all City departments, County Fire, utilities, and affected property owners will be notified of the proposal and will be provided an opportunity to comment on any conflicts and/or potential issues or concerns. Future actions by the City will consist of:

•Resolution of Intention by the Mayor and City Council setting a Public Hearing pursuant to Streets and Highway Code Section 8320
•Publication of Notices of Vacation pursuant to Streets and Highways Code Sections 8322 & 8323
•Public Hearing and Resolution of Vacation pursuant to Streets and Highways Code Section 8324
•Recordation of the Resolution of Vacation pursuant to Streets and Highways Code Section 8325
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2: Focused, Aligned Leadership and Unified Community, specifically 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,040 in application fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Harris Street.

Attachments
Attachment 1 - Petition
Attachment 2 - Preliminary Title Report
Attachment 3 - Legal Description and Plat Map
Attachment 4 - Aerial Map
Ward:

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First Ward
Synopsis of Previous Council Actions:

None

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CLTA Preliminary Report Form - Modified ((11/17/2006)) Printed: 04.05.21 @ 02:11 PM 2 CA-CT-FLAX-02180.055690-SPS-1-21-112107233
Visit Us on our Website: www.ctic.com
ISSUING OFFICE: 500 N. Brand Blvd, Suite 200, Glendale, CA 91203 FOR SETTLEMENT INQUIRIES, CONTACT:

Better Escrow Service
3303 Burbank Blvd  Burbank, CA 91505
 FAX

PRELIMINARY REPORT
Title Officer: Joe Morales
Email: [email protected]
Phone No.: 818-548-0222
Fax No.:

Title No.: 112107233JM
Escrow Officer: Scott Paul
Email: [email protected]
Phone No.:

Fax No.:

Escrow No.:

PROPERTY ADDRESS(ES): 955 West 9th Street, San Bernardino, CA 883 Harris Street, San Bernardino, CA
855 Harris Street, San Bernardino, CA
Vacant land, San Bernardino, CA
Vacant land, San Bernardino, CA
EFFECTIVE DATE: March 17, 2021 at 07:30 AM
The form of policy or policies of title insurance contemplated by this report is:

CLTA Standard Coverage Policy 1990 (04-08-14)
ALTA Loan Policy 2006

1. The estate or interest in the Land hereinafter described or referred to covered by this Report is:

A Fee

2. Title to said estate or interest at the date hereof is vested in:

O & A Development, LLC, a California Limited Liability Company, as to Parcels 1, 3, 4 and 5 O & A Development, LLC, as to an undivided 53% interest and Nicholas Ciontea, a single man, as to an undivided 47% interest, as tenants in common, subjetc to item nos. 18 and 19, as to Parcel 2

3. The Land referred to in this Report is described as follows:

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF

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EXHIBIT "A"
Legal Description
CLTA Preliminary Report Form - Modified ((11/17/2006)) Printed: 04.05.21 @ 02:11 PM 3 CA-CT-FLAX-02180.055690-SPS-1-21-112107233
For APN/Parcel ID(s): 0139-261-21, 0139-262-16, 0139-262-18, 0139-262-21 and 0139-262-22

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1: (APN 0139-261-21)
THAT PORTION OF LOT 17, BLOCK 18 OF RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF THAT CERTAIN PORTION OF SAID LOT 17 AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 28, 1957, IN BOOK 4191, PAGE 7, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID STATE OF CALIFORNIA PARCEL OF LAND SOUTH 89° 40' 52" WEST, 62.28 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL OF LAND NORTH 0° 25' 00" WEST, 245.82 FEET; THENCE SOUTH 87° 34' 31" EAST,

11.89 FEET; THENCE SOUTH 80° 08' 35" EAST, 51.22 FEET TO THE EASTERLY LINE OF SAID PARCEL OF LAND, DISTANT ALONG SAID EASTERLY LINE NORTH 0° 25' 00" WEST, 236.20 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE SOUTH 0° 25' 00" EAST, 236.20 FEET TO THE POINT OF BEGINNING.

PARCEL 2: (APN 0139-262-16)
THAT PORTION OF LOT 18, BLOCK 18, RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING ON THE EAST LINE OF SAID LOT 18, SAID EAST LINE BEING ALSO THE WEST LINE OF "I" STREET AS SHOWN ON SAID MAP; DISTANT ALONG SAID EAST LINE SOUTH 0° 30' 18" EAST 63.74 FEET FROM THE NORTHEAST CORNER OF SAID LOT 18; THENCE NORTH 87° 32' 12" WEST 165.43 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429, OFFICIAL RECORDS OF SAID COUNTY AND TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87° 32' 12" WEST 40.49 FEET; THENCE NORTH 80° 08' 35" WEST 126.34 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO "THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442,

OFFICIAL RECORDS
OF SAID COUNTY; THENCE ALONG SAID WEST LINE SOUTH 0° 25' 00" EAST 107.30 FEET; THENCE NORTH 89° 40' 52" EAST 69.00 FEET TO THE EAST LINE OF SAID STATE OF CALIFORNIA PARCEL OF LAND; THENCE CONTINUING NORTH 89° 40' 52" EAST 95.88 FEET TO

THE EAST LINE OF THAT CERTAIN PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST SAID EAST LINE NORTH 0° 30' 18" WEST 83.01 FEET TO THE TRUE POINT OF BEGINNING.

PURSUANT TO LOT LINE ADJUSTMENT NO. 06-15, RECORDED OCTOBER 14, 2007 AS INSTRUMENT NO. 2007-0564793 OF OFFICIAL RECORDS.

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EXHIBIT "A"
Legal Description
CLTA Preliminary Report Form - Modified ((11/17/2006)) Printed: 04.05.21 @ 02:11 PM 4 CA-CT-FLAX-02180.055690-SPS-1-21-112107233
PARCEL 3: (APN 0139-261-18)
THAT PORTION OF LOT 18 BLOCK 18, RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING 165 FEET SOUTH 89 °40' 52" WEST AND 264 FEET SOUTH 0° 30' 18" EAST OF THE NORTHEAST CORNER OF SAID LOT 18; THENCE SOUTH 89° 40' 52" WEST 150 FEET; THENCE NORTH 0° 25' 00" WEST ALONG HARRIS STREET 50 FEET (40 FEET PER RECORD DEED) TO THE

SOUTH LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 89° 40' 52" EAST 150 FEET ALONG THE SOUTH

LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442 AND ALONG THE SOUTH LINE OF

THAT CERTAIN PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429; THENCE SOUTH 0° 30' 18" EAST 50 FEET (40 FEET PER RECORD DEED) TO THE POINT OF BEGINNING.

TOGETHER WITH THAT PORTION OF LOT 18, BLOCK 18, RANCHO SAN BERNARDINO, IN THE

CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING ON THE EAST LINE OF SAID LOT 18, SAID EAST LINE BEING ALSO THE WEST LINE OF "I" STREET AS SHOWN ON SAID MAP, DISTANT ALONG SAID EAST LINE SOUTH 0° 30' 18" EAST 63.74 FEET FROM THE NORTHEAST CORNER OF SAID LOT 18; THENCE NORTH 87° 32' 12" WEST 205.92 FEET; THENCE NORTH 80° 08' 35" WEST 126.34 FEET TO THE WEST LINE OF THAT

CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WEST LINE SOUTH 0° 25' 00" EAST 107.30 FEET; THENCE NORTH 89° 40' 52" EAST

69.00 FEET TO THE EAST LINE OF SAID STATE OF CALIFORNIA PARCEL OF LAND; THENCE ALONG LAST SAID EAST LINE SOUTH 0° 25' 00" EAST 26.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 40' 52" EAST 95.92 FEET EAST LINE OF THAT CERTAIN PARCEL

OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST SAID EAST LINE SOUTH 0° 30' 18" EAST 49.28 FEET TO THE SOUTHEAST CORNER OF SAID STATE OF CALIFORNIA PARCEL OF LAND; THENCE ALONG THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA SOUTH 89° 40' 52" WEST 96.00 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE EAST LINE OF LAST SAID STATE OF CALIFORNIA PARCEL OF LAND NORTH 0° 25' 00" WEST 49.28 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM THE INTEREST IN AND TO THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED AUGUST 21, 1956 IN BOOK 4017, PAGE 61, OFFICIAL RECORDS.

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EXHIBIT "A"
Legal Description
CLTA Preliminary Report Form - Modified ((11/17/2006)) Printed: 04.05.21 @ 02:11 PM 5 CA-CT-FLAX-02180.055690-SPS-1-21-112107233
SAID LEGAL PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. LLA-06-15 RECORDED OCTOBER 4, 2007 AS INSTRUMENT NO. 2007-0564793 OF OFFICIAL RECORDS PARCEL 4: (APN 0139-262-21)
THAT PORTION OF LOT 18, BLOCK 18, RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING ON THE EAST LINE OF SAID LOT 18, SAID EAST LINE BEING ALSO THE WEST LINE OF “I” STREET AS SHOWN ON SAID MAP, DISTANT ALONG SAID EAST LINE SOUTH 0°30’18” EAST

63.74 FEET FROM THE NORTHEAST CORNER OF SAID LOT 18:

THENCE NORTH 87° 32’ 12” WEST 165.43 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL

OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429, OFFICIAL RECORDS OF SAID COUNTY AND TO THE TRUE POINT OF BEGINNING;
THENCE ALONG LAST SAID EAST LINE SOUTH 0° 30’ 18” EAST 83.01 FEET; THENCE SOUTH 89° 40’ 52” WEST 95.88 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST SAID EAST LINE SOUTH 0° 25’ 00” EAST 26.00 FEET; THENCE NORTH 89° 40’ 52” EAST 95.92 FEET EAST LINE OF THAT CERTAIN

PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST SAID EAST LINE SOUTH 0° 30’ 18” EAST 49.28 FEET TO THE SOUTHEAST CORNER OF SAID STATE OF CALIFORNIA PARCEL OF LAND; THENCE PARALLEL TO SAID EAST LINE OF SAID LOT 18 AND DISTANT 165 FEET THEREFROM SOUTH 0° 30’ 18” EAST 18 FEET;

THENCE PARALLEL TO THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 20, 1956 IN BOOK 4015, PAGE 586, OFFICIAL RECORDS OF SAID COUNTY NORTH 89° 40’ 52” EAST 165.00 FEET TO THE EAST LINE OF SAID LOT 18; THENCE ALONG SAID EAST LINE OF LOT 18 NORTH 0° 30’ 18” WEST 168.26 FEET TO THE POINT OF BEGINNING.

SAID LEGAL PURSUANT TO PARCEL NO. B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. LLA-06-15 RECORDED OCTOBER 4, 2007 AS INSTRUMENT NO. 2007-0564793, OF OFFICIAL RECORDS.

EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN GRANT DEED RECORDED NOVEMBER 15, 2019 AS INSTRUMENT NO. 2019-0423366, OF OFFICIAL RECORDS.

PARCEL 5: (APN 0139-262-22)
THAT PORTION OF LOT 18, BLOCK 18, RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OR SAID COUNTY, DESCRIBED AS FOLLOWS:

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EXHIBIT "A"
Legal Description
CLTA Preliminary Report Form - Modified ((11/17/2006)) Printed: 04.05.21 @ 02:11 PM 6 CA-CT-FLAX-02180.055690-SPS-1-21-112107233
BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT; 232 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE WEST 165 FEET; THENCE SOUTH 32 FEET; THENCE EAST 165 FEET; THENCE NORTH 32 FEET TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN GRANT DEED RECORDED NOVEMBER 15, 2019 AS INSTRUMENT NO. 2019-0423366, OF OFFICIAL RECORDS.

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Title No.: 112107233JM
CLTA Preliminary Report Form - Modified ((11/17/2006)) Printed: 04.05.21 @ 02:11 PM 7 CA-CT-FLAX-02180.055690-SPS-1-21-112107233

AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:

1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022.

2. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 0139-261-21-0-000
Fiscal Year: 2020-2021
1st Installment: $279.86 paid.
2nd Installment: $279.86, Open
Penalty and Cost: $37.99 (Due after April 10)
Homeowners Exemption: None
Code Area: 007-167
Affects: Parcel 1

3. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows:

Tax Identification No.: 0139-261-21-0-000
Fiscal Year: 2018
1st Installment: $-19.32, No taxes due
2nd Installment: $-19.30, No taxes due
Code Area: 007-167
Supplemental Bill No.: 190856746
Affects: Parcel 1

4. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 0139-262-16-0-000
Fiscal Year: 2020-2021
1st Installment: $1,387.55 paid.
2nd Installment: $1,387.54, Open
Penalty and Cost: $148.74 (Due after April 10)
Homeowners Exemption: None
Code Area: 007-167
Affects: Parcel 2

5. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows:

Tax Identification No.: 0139-262-16-0-000
Fiscal Year: 2018-2019
1st Installment: $14.13, paid
2nd Installment: $14.12, Open
Penalty: $11.41
Delinquent: April 12, 2021
Code Area: 007-167
Supplemental Bill No.: 200821547

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Title No.: 112107233JM

EXCEPTIONS
(continued)
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Affects: Parcel 2

6. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows:

Tax Identification No.: 0139-262-16-0-000
Fiscal Year: 2019-2020
1st Installment: $153.51, paid
2nd Installment: $153.49, Open
Penalty: $25.36
Delinquent: April 12, 2021
Code Area: 007-167
Supplemental Bill No.: 200821548
Affects: Parcel 2

7. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 0139-262-18-0-000
Fiscal Year: 2020-2021
1st Installment: $1,980.50 paid.
2nd Installment: $1,980.46, Open
Penalty and Cost: $208.05 (Due after April 10)
Homeowners Exemption: None
Code Area: 007-167
Affects: Parcel 3

8. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 0139-262-21-0-000
Fiscal Year: 2020-2021
1st Installment: $79.28, Delinquent
Penalty: $7.93 (Due after December 10)
2nd Installment: $79.28, Open
Penalty and Cost: $17.93 (Due after April 10)
Homeowners Exemption: None
Code Area: 007-167
Affects: Parcel 4

9. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 0139-262-22-0-000
Fiscal Year: 2020-2021
1st Installment: $127.12, Delinquent
Penalty: $12.72 (Due after December 10)
2nd Installment: $127.10, Open
Penalty and Cost: $22.72 (Due after April 10)
Homeowners Exemption: None
Code Area: 007-167
Affects: Parcel 5

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10. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy.

11. Water rights, claims or title to water, whether or not disclosed by the public records.

THE FOLLOWING ITEMS AFFECT PARCEL 1:

12. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: March 12, 1959
Recording No.: in Book 4758 Page 583, Official Records
Affects: As described therein

13. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document.

Redevelopment Agency: City of San Bernardino-Mount Vernon Redevelopment Project Area Recording Date: June 25, 1990
Recording No.: 90-248425, Official Records
and Recording Date: February 13, 2007
and Recording No.: 2007-0095340, Official Records

14. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map of: Record of Survey
Recording Date: March 22, 2010
Recording No.: in Book 142 Pages 8 to 16 inclusive of Records of Survey Map of: Record of Survey
Recording Date: June 25, 2015
Recording No.: in Book 156 Pages 1 to 12 inclusive of Records of Survey THE FOLLOWING ITEMS AFFECT PARCEL 2:

15. An easement in favor of the public over any existing roads lying within said land.

16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: City of San Bernardino
Purpose: Waterlines and temporary construction
Recording Date: June 10, 2004
Recording No.: 2004-0413373, Official Records
Affects: As described therein

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17. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document.

Redevelopment Agency: Redevelopment Agency of the City of San Bernardino Recording Date: February 13, 2007
Recording No.: 2007-0095340, Official Records

18. The effect of a Grant Deed as set forth below:

Grantor: Nicolas Ciontea, a single man, as to an undivided 47% interest and FC Services, Inc., a Nevada Corporation, who acquired title as FC Services, Inc., as to an undivided 53% interest Grantee: FC Services, Inc., a Nevada Corporation
Dated: July 19, 2017
Recording Date: May 1, 2019
Recording No.: 2019-0139130, Official Records
The Company requires that an affidavit (attached) be completed and executed by the above grantor and that said affidavit be acknowledged before a notary who is an employee of the title or escrow Company and then submitted to the Title Officer for review.

The Company further requires a statement of information from the above grantors in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said Land, but which if any do exist, may affect the title or impose liens or encumbrances thereon.

19. The effect of a Grant Deed as set forth below:

Grantor: FC Services, Inc., a Nevada Corporation
Grantee: O & A Development, LLC, a California Limited Liability Company Dated: May 1, 2019
Recording Date: May 1, 2019
Recording No.: 2019-0139131, Official Records
The Company requires that an affidavit (attached) be completed and executed by the above grantor and that said affidavit be acknowledged before a notary who is an employee of the title or escrow Company and then submitted to the Title Officer for review.

The Company further requires a statement of information from the above grantors in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said Land, but which if any do exist, may affect the title or impose liens or encumbrances thereon.

THE FOLLOWING ITEMS AFFECT PARCEL 3:

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20. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document.

Redevelopment Agency: The Redevelopment Agency of the City of san Bernardino Recording Date: June 25, 1990
Recording No.: 90-248425, Official Records
and Recording Date: February 13, 2007
and Recording No.: 2007-0095340, Official Records

21. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: City of San Bernardino
Purpose: Pipelines
Recording Date: June 10, 2004
Recording No.: 2004-01413373, Official Records
Affects: As described therein
THE FOLLOWING ITEMS AFFECT PARCEL 4:

22. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document.

Redevelopment Agency: The Redevelopment Agency of the City of San Bernardino Recording Date: June 25, 1990
Recording No.: 90-248425, Official Records
and Recording Date: February 13, 2007
and Recording No.: 2007-0095340, Official Records

23. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: City of San Bernardino
Purpose: Pipelines
Recording Date: June 10, 2004
Recording No.: 2004-0413373, Official Records
Affects: As described therein
THE FOLLOWING ITEMS AFFECT PARCEL 5:

24. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document.

Redevelopment Agency: City of San Bernardino Redevelopment Agency Recording Date: June 25, 1990
Recording No.: 90-248425, Official Records
and Recording Date: February 13, 2007
and Recording No.: 2007-0095340, Official Records

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Title No.: 112107233JM

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25. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: City of San Bernardino
Purpose: Pipelines
Recording Date: June 10, 2004
Recording No.: 2004-0413373, Official Records
Affects: As described therein
THE FOLLOWING ITEMS AFFECT ALL PARCELS:

26. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately.

In order to close this pending transaction, we will need the following information:

1. Completion of the attached Owner’s Declaration

2. Completed Escrow Owner Information Sheet

3. A statement from escrow providing the complete name of the account that proceeds are going to.

The Company reserves the right to add additional items and/or make further requirements after review of the requested documentation.

27. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records.

The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage.

The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents.

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Title No.: 112107233JM

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(continued)
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28. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below.

Limited Liability Company: O & A Development, LLC, a California Limited Liability Company a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps.
c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member.
d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created
e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing.
f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required.
g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form

29. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies),
Party(ies): All Parties, Nicolas Ciontea, FC Services Inc.

The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information.

NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file.

END OF EXCEPTIONS

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Title No.: 112107233JM
=
CLTA Preliminary Report Form - Modified ((11/17/2006)) Printed: 04.05.21 @ 02:11 PM 14 CA-CT-FLAX-02180.055690-SPS-1-21-112107233
NOTES
Note 1. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.

Note 2. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows:

Grantor: Minh Thu Nghiem, An Unmarried Woman, as to an undivided 50% interest; Helen Nguyen, An Unmarried Woman, as to an undivided 25% interest and Anhnguyet T. Nguyen, An Unmarried Woman as to an undivided 25% interest, all as tenants in common Grantee: O & A Development, LLC, a California Limited Liability Company Recording Date: April 9, 2019
Recording No.: 2019-0108692, Official Records
Affects: Parcel 1
Grantor: Nicolas Ciontea, a single man as to an undivided 47% interest ad FC Services, Inc., a Nevada Corporation, who acquired title as FC Services, Inc. as to an undivided 53% interest Grantee: FC Services, Inc., a Nevada Corporation
Recording Date: May 1, 2019
Recording No.: 2019-0139130, Official Records
Affects: Parcel 2
Grantor: FC Services, Inc., a Nevada Corporation
Grantee: O & A Development, LLC, a California Limited Liability Company Recording Date: May 1, 2019
Recording No.: 2019-0139131, Official Records
Affects: Parcel 2
Note 3. Note: The charge for a policy of title insurance, when issued through this title order, will be based on the Basic Title Insurance Rate.

Note 4. Note: If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described.

Note 5. Note: When this title order closes and if the Company if handling the loan proceeds through a sub-escrow, all title charges and expenses normally billed will be deducted from those loan proceeds. Title charges and expenses would include Title Premiums, any Tax or Bond advances, Documentary Transfer Tax, Recording Fees, etc.

Note 6. Note: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued.

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Title No.: 112107233JM
NOTES
(continued)
=
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Note 7. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land described below, known as:

Vacant Land- APN: 0139-261-21, as to Parcel 1
Commercial Property - 883 North Harris Street, in the City of San Bernardino, County of San Bernardino, State of California, as to Parcel 2
Commercial Property - 855 Harris Street, in the City of San Bernardino, County of San Bernardino, State of California, as to Parcel 3
Vacant Land- APN: 0139-262-21, as to Parcel 4
Vacant Land- APN: 0139-262-22, as to Parcel 5, to an Extended Coverage Loan Policy Note 8. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage.

Note 9. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance.

Note 10. Note: Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. If the above requirement cannot be met, please call the Company at the number provided in this report.

Note 11. Note: Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder.

Note 12. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company’s State Counsel, Regional Counsel, or one of their designees.

END OF NOTES

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Wire Fraud Alert
Original Effective Date: 5/11/2017
Current Version Date: 5/11/2017 112107233-MP - WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved

WIRE FRAUD ALERT
This Notice is not intended to provide legal or professional advice.

If you have any questions, please consult with a lawyer.

All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds.

In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud.
 NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction.
 ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster.  USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols.

Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts.
 USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature.

For more information on wire-fraud scams or to report an incident, please refer to the following links:

Federal Bureau of Investigation: Internet Crime Complaint Center:
http://www.fbi.gov http://www.ic3.gov

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Privacy Statement Printed: 04.05.21 @ 02:11 PM by GL
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FIDELITY NATIONAL FINANCIAL

PRIVACY NOTICE
Effective April 9, 2020
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information.

A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply.

Collection of Personal Information
FNF may collect the following categories of Personal Information:
 contact information (e.g., name, address, phone number, email address);  demographic information (e.g., date of birth, gender, marital status);  identity information (e.g. Social Security Number, driver's license, passport, or other government ID number);
 financial account information (e.g. loan or bank account information); and  other personal information necessary to provide products or services to you.

We may collect Personal Information about you from:
 information we receive from you or your agent;
 information about your transactions with FNF, our affiliates, or others; and  information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others.

Collection of Browsing Information
FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device:
 Internet Protocol (IP) address and operating system;
 browser version, language, and type;
 domain name system requests; and
 browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website.

Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account.

Other Online Specifics
Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website.

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Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites.

Do Not Track . Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser.

Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit.

Use of Personal Information
FNF uses Personal Information for three main purposes:
 To provide products and services to you or in connection with a transaction involving you.  To improve our products and services.
 To communicate with you about our, our affiliates', and others' products and services, jointly or independently.

When Information Is Disclosed
We may disclose your Personal Information and Browsing Information in the following circumstances:
 to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure;  to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions;  to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you;  to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or
 in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public.

The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing.

We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings.

Security of Your Information
We maintain physical, electronic, and procedural safeguards to protect your Personal Information.

Choices With Your Information
If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent.

Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you.

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Privacy Statement Printed: 04.05.21 @ 02:11 PM
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For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website ( https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748.

For Nevada Residents : You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: [email protected].

For Oregon Residents : We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes.

For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.

Information From Children
The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.

International Users
FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice.

FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public.

Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without notice or compensation to you.

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Accessing and Correcting Information; Contact Us
If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests to [email protected], by phone to (888) 934-3354, or by mail to:

Fidelity National Financial, Inc.
601 Riverside Avenue,
Jacksonville, Florida 32204
Attn: Chief Privacy Officer

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ATTACHMENT ONE
Attachment One (05/06/16)

CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1990

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material not shown by the public records.

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ATTACHMENT ONE
(CONTINUED)
Attachment One (05/06/16)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)

ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE

EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title.

6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.

This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.

8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence.

9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
• For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or
$2,500.00
(whichever is less)
$ 10,000.00
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or
$5,000.00
(whichever is less)
$ 25,000.00
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or
$5,000.00
(whichever is less)
$ 25,000.00
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or
$2,500.00
(whichever is less)
$ 5,000.00

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ATTACHMENT ONE
(CONTINUED)
Attachment One (05/06/16)
2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B - Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees, or expenses that arise by reason of:
[PART I
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records.]

PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:]

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ATTACHMENT ONE
(CONTINUED)
Attachment One (05/06/16)
2006 ALTA OWNER’S POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees, or expenses that arise by reason of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

6. Any lien or right to a lien for services, labor or material not shown by the Public Records.]

7. [Variable exceptions such as taxes, easements, CC&R’s, etc., shown here.]

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ATTACHMENT ONE
(CONTINUED)
Attachment One (05/06/16)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY - ASSESSMENTS PRIORITY (04-02-15)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.

6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.

7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

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Notice of Available Discounts
Notice of Available Discounts Printed: 04.05.21 @ 02:11 PM SCA0002892_CTLA.doc / Updated: 12.18.20 CA-CT-FLAX-02180.055690-112107233 Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts.

You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling.

Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount.

FNF Underwritten Title Companies Underwritten by FNF Underwriters CTC - Chicago Title Company CTIC - Chicago Title Insurance Company CLTC - Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company TICOR - Ticor Title Company of California CTIC - Chicago Title Insurance Company LTC - Lawyer's Title Company CLTIC - Commonwealth Land Title Insurance Company SLTC - ServiceLink Title Company CTIC - Chicago Title Insurance Company Available Discounts

DISASTER LOANS (CTIC, CLTIC, FNTIC)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate.

CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty percent (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected.

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This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon.

Order: 112107233 Page 1 of 1 Requested By: CTGLDNA21, Printed: 3/28/2 021 11:54 AM Doc: SB:A 139-26

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EXHIBIT A
Order No.: 112107233
For APN/Parcel ID(s): 0139-261-21, 0139-262-16, 0139-262-18, 0139-262-21 and 0139-262-22

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1: (APN 0139-261-21)
THAT PORTION OF LOT 17, BLOCK 18 OF RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF THAT CERTAIN PORTION OF SAID LOT 17 AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 28, 1957, IN BOOK 4191, PAGE 7, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID STATE OF CALIFORNIA PARCEL OF LAND SOUTH 89° 40' 52" WEST, 62.28 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL OF LAND NORTH 0° 25' 00" WEST, 245.82 FEET; THENCE SOUTH 87° 34' 31" EAST, 11.89 FEET; THENCE SOUTH 80° 08' 35" EAST, 51.22 FEET TO THE EASTERLY LINE OF SAID PARCEL OF LAND, DISTANT ALONG SAID EASTERLY LINE NORTH 0° 25' 00" WEST, 236.20 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE SOUTH 0° 25' 00" EAST, 236.20 FEET TO THE POINT OF BEGINNING.

PARCEL 2: (APN 0139-262-16)
THAT PORTION OF LOT 18, BLOCK 18, RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 70 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING ON THE EAST LINE OF SAID LOT 18, SAID EAST LINE BEING ALSO THE WEST LINE OF "I" STREET AS SHOWN ON SAID MAP; DISTANT ALONG SAID EAST LINE SOUTH 0° 30' 18" EAST 63.74 FEET FROM THE NORTHEAST CORNER OF SAID LOT 18; THENCE NORTH 87° 32' 12" WEST 165.43 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429, OFFICIAL RECORDS OF SAID COUNTY AND TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87° 32' 12" WEST 40.49 FEET; THENCE NORTH 80° 08' 35" WEST 126.34 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO "THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WEST LINE SOUTH 0° 25' 00" EAST 107.30 FEET; THENCE NORTH 89° 40' 52" EAST 69.00 FEET TO THE EAST LINE OF SAID STATE OF CALIFORNIA PARCEL OF LAND; THENCE CONTINUING NORTH 89° 40' 52" EAST 95.88 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST SAID EAST LINE NORTH 0° 30' 18" WEST 83.01 FEET TO THE TRUE POINT OF BEGINNING.

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EXHIBIT A
(continued)
PURSUANT TO LOT LINE ADJUSTMENT NO. 06-15, RECORDED OCTOBER 14, 2007 AS INSTRUMENT NO. 2007-0564793 OF OFFICIAL RECORDS.

PARCEL 3: (APN 0139-261-18)
THAT PORTION OF LOT 18 BLOCK 18, RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING 165 FEET SOUTH 89 °40' 52" WEST AND 264 FEET SOUTH 0° 30' 18" EAST OF THE NORTHEAST CORNER OF SAID LOT 18; THENCE SOUTH 89° 40' 52" WEST 150 FEET; THENCE NORTH 0° 25' 00" WEST ALONG HARRIS STREET 50 FEET (40 FEET PER RECORD DEED) TO

THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 89° 40' 52" EAST 150 FEET ALONG THE SOUTH

LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442 AND ALONG THE SOUTH LINE

OF THAT CERTAIN PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429; THENCE SOUTH 0° 30' 18" EAST 50 FEET (40 FEET PER RECORD DEED) TO THE POINT OF BEGINNING.

TOGETHER WITH THAT PORTION OF LOT 18, BLOCK 18, RANCHO SAN BERNARDINO, IN THE

CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING ON THE EAST LINE OF SAID LOT 18, SAID EAST LINE BEING ALSO THE WEST LINE OF "I" STREET AS SHOWN ON SAID MAP, DISTANT ALONG SAID EAST LINE SOUTH 0° 30' 18" EAST 63.74 FEET FROM THE NORTHEAST CORNER OF SAID LOT 18; THENCE NORTH 87° 32' 12" WEST 205.92 FEET; THENCE NORTH 80° 08' 35" WEST 126.34 FEET TO THE WEST LINE

OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID WEST LINE SOUTH 0° 25' 00" EAST 107.30 FEET; THENCE NORTH 89° 40' 52" EAST 69.00 FEET TO THE EAST LINE OF SAID STATE OF CALIFORNIA PARCEL OF LAND; THENCE ALONG LAST SAID EAST LINE SOUTH 0° 25' 00" EAST 26.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 40' 52" EAST 95.92 FEET EAST LINE

OF THAT CERTAIN PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST SAID EAST LINE SOUTH 0° 30' 18" EAST

49.28 FEET TO THE SOUTHEAST CORNER OF SAID STATE OF CALIFORNIA PARCEL OF LAND;

THENCE ALONG THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA SOUTH 89° 40' 52" WEST 96.00 FEET TO THE SOUTHEAST CORNER OF THAT

CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE EAST LINE OF LAST SAID STATE OF CALIFORNIA PARCEL OF LAND NORTH 0° 25' 00" WEST 49.28 FEET TO THE TRUE POINT OF BEGINNING.

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EXHIBIT A
(continued)

EXCEPTING THEREFROM THE INTEREST IN AND TO THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED AUGUST 21, 1956 IN BOOK 4017, PAGE 61, OFFICIAL RECORDS.

SAID LEGAL PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. LLA-06-15 RECORDED OCTOBER 4, 2007 AS INSTRUMENT NO. 2007-0564793 OF OFFICIAL RECORDS PARCEL 4: (APN 0139-262-21)
THAT PORTION OF LOT 18, BLOCK 18, RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING ON THE EAST LINE OF SAID LOT 18, SAID EAST LINE BEING ALSO THE WEST LINE OF “I” STREET AS SHOWN ON SAID MAP, DISTANT ALONG SAID EAST LINE SOUTH 0°30’18” EAST 63.74 FEET FROM THE NORTHEAST CORNER OF SAID LOT 18:

THENCE NORTH 87° 32’ 12” WEST 165.43 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL

OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429, OFFICIAL RECORDS OF SAID COUNTY AND TO THE TRUE POINT OF BEGINNING;
THENCE ALONG LAST SAID EAST LINE SOUTH 0° 30’ 18” EAST 83.01 FEET; THENCE SOUTH 89° 40’ 52” WEST 95.88 FEET TO THE EAST LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 1, 1956 IN BOOK 4051, PAGE 442, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG LAST SAID EAST LINE SOUTH 0° 25’ 00” EAST 26.00 FEET; THENCE NORTH 89° 40’ 52” EAST 95.92 FEET EAST LINE OF

THAT CERTAIN PARCEL OF LAND VESTED IN THE STATE OF CALIFORNIA BY FINAL ORDER OF CONDEMNATION RECORDED JANUARY 21, 1958 IN BOOK 4418, PAGE 429, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG LAST SAID EAST LINE SOUTH 0° 30’ 18” EAST 49.28 FEET TO THE SOUTHEAST CORNER OF SAID STATE OF CALIFORNIA PARCEL OF LAND; THENCE PARALLEL TO SAID EAST LINE OF SAID LOT 18 AND DISTANT 165 FEET THEREFROM SOUTH 0° 30’ 18” EAST 18 FEET;

THENCE PARALLEL TO THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 20, 1956 IN BOOK 4015, PAGE 586, OFFICIAL RECORDS OF SAID COUNTY NORTH 89° 40’ 52” EAST 165.00 FEET TO THE EAST LINE OF SAID LOT 18; THENCE ALONG SAID EAST LINE OF LOT 18 NORTH 0° 30’ 18” WEST 168.26 FEET TO THE POINT OF BEGINNING.

SAID LEGAL PURSUANT TO PARCEL NO. B OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. LLA-06-15 RECORDED OCTOBER 4, 2007 AS INSTRUMENT NO. 2007-0564793, OF OFFICIAL RECORDS.

EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN GRANT DEED RECORDED NOVEMBER 15, 2019 AS INSTRUMENT NO. 2019-0423366, OF OFFICIAL RECORDS.

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EXHIBIT A
(continued)
PARCEL 5: (APN 0139-262-22)
THAT PORTION OF LOT 18, BLOCK 18, RANCHO SAN BERNARDINO, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OR SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT; 232 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE WEST 165 FEET; THENCE SOUTH 32 FEET; THENCE EAST 165 FEET; THENCE NORTH 32 FEET TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN GRANT DEED RECORDED NOVEMBER 15, 2019 AS INSTRUMENT NO. 2019-0423366, OF OFFICIAL RECORDS.

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Project Area

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CONSENT CALENDAR
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;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Resolution to Approve the Recognized Obligation Payment Schedule (ROPS) 2024-25 A and B (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting in its capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino:

1. Adopt Resolution No. 2023-142 Approving the Recognized Obligation Payment Schedule (ROPS) 24-25 A and B; and

2. Authorize the City Manager, as the Successor Agency’s Executive Director or designee, to:
a. Transmit the ROPS 24-25 A and B to the State Department of Finance and other designated agencies as prescribed by the California Health and Safety Code (HSC);
b. Make ministerial revisions to ROPS 24-25 A and B, which may include, but are not limited to, restating the information included within ROPS 24-25 A and B as may be requested by the State Department of Finance; c. Take such other actions and execute such other documents as are necessary to effectuate the ROPS; and
d. Implement ROPS 24-25 A and B on behalf of the Successor Agency, including authorizing and causing such payments as authorized by ROPS 24-25 A and B.

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Executive Summary
This action approves the annual Recognized Obligation Payment Schedule (ROPS) that will be submitted to the County Wide Oversight Board (CWOB) as required on an annual basis. There is no fiscal impact to the City; all obligations are paid from the Redevelopment Property Tax Trust Fund (RPTTF).

Background
Pursuant to Health and Safety Code (the “HSC”) §34172 (a)(1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent with the provisions of the HSC, on January 9, 2012, the Mayor and City Council of the City of San Bernardino elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the “Successor Agency”). The San Bernardino County Wide Oversight Board (the “CWOB”) was established effective July 1, 2018, pursuant to HSC §34179(j) to assist in the wind-down of dissolved redevelopment agencies within the County of San Bernardino. All of the local oversight boards in California were dissolved on June 30, 2018, by operation of law.

Discussion
Per HSC § 34177 (o)(1), the Successor Agency is required to prepare a Recognized Obligation Payment Schedule (the “ROPS”) before each twelve-month fiscal year period. Pursuant to HSC § 34180 (g), CWOB approval is required for the establishment of each ROPS. HSC § 34177 (o)(1), requires that the Successor Agency submit a CWOB-approved ROPS 24-25 A and B for the period of July 2024 through June 2025 to the State Department of Finance (the “DOF”), State Controller’s Office and the County Auditor-Controller no later than February 1, 2024 (the “Submission Deadline”).

Following approval by the Mayor and City Council of the City of San Bernardino, California, acting in its capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, the Countywide Overside Board will consider approval of the Successor Agency’s ROPS 24-25 A and B on December 6, 2023, after which it will be sent to the Department of Finance prior to February 1, 2024. 2021-2025 Strategic Targets and Goals
Approval of the ROPS 2024-25 aligns with Key Target No. 1: Improved Operational & Financial Capacity by ensuring that the financial and administrative requirements to dissolve the former Redevelopment Agency are completed in accordance with all relevant statutes.

Fiscal Impact
As this is a Successor Agency action, there is no fiscal impact to the General Fund.

The total enforceable obligations expected to be paid primarily by the Redevelopment Property Tax Trust Fund (RPTTF) are $9,572,882.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting in its capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino:

1. Adopt Resolution No. 2023-142 Approving the Recognized Obligation Payment Schedule (ROPS) 24-25 A and B; and

2. Authorize the City Manager, as the Successor Agency’s Executive Director or designee, to:
a. Transmit the ROPS 24-25 A and B to the State Department of Finance and other designated agencies as prescribed by the California Health and Safety Code (HSC);
b. Make ministerial revisions to ROPS 24-25 A and B, which may include, but are not limited to, restating the information included within ROPS 24-25 A and B as may be requested by the State Department of Finance; c. Take such other actions and execute such other documents as are necessary to effectuate the ROPS; and
d. Implement ROPS 24-25 A and B on behalf of the Successor Agency, including authorizing and causing such payments as authorized by ROPS 24-25 A and B.

Attachments

1. Attachment 1 – Resolution 2023-142

2. Attachment 2 – ROPS 2024-25 A and B

Ward:

All Wards
Synopsis of Previous Council Actions:

N/A

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Resolution No. 2023-142
Resolution No. 2023-142
September 6, 2023