Task Order No : Transtech003
Project Management Services for San Bernardino Hope Campus Project www.transtech.org
855.595.2495 (toll-free)
Fee Estimate:
Staff Classification
Average
Hrly Rate
Weekly
Average
Hours
Allocation
Weekly
Average
Budget
Allocation
Total
Project
Duration
(in weeks)
Estimated
Total Hours
Allocation
Estimated
Budget
Sr. Project Manager $190 15 $2,850 104 1,560 $296,400
Total Estimated Budget $296,400
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers ("CPI-U") for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistics.
Value Added Service:
Because we are a multi-disciplinary service firm and also provide plan check and inspection among many services to many local agencies, we can also supplement/support Agency plan check and inspection staff, if needed, for code required plan check and inspection efforts.
Customer Care and Responsive Service Approach:
✓ Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction. ✓ All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride in our “Same Day Response” motto.
✓ Transtech also provides a 24-hour emergency contact number to its clients. ✓ Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, including responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. Responsiveness is an integral part of Transtech’s “Customer Care” service approach.
✓ Our Contract Principal will meet with the Client’s Project Manager frequently for service evaluation and address any areas for improvements.
✓ Responsiveness is an integral part of Transtech’s “customer friendly” service approach. While our service is always on an “as needed” basis, our responsiveness is on “full-time” basis. ✓ Transtech understands the importance of being able to expedite certain projects, when requested, by the City.
Transtech has sufficient staff and resources to expedite projects. ✓ We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities.
These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards and requirements.
About Transtech:
Established in 1989, Transtech (a California Corporation) has been in business for 33 years and provides municipal services to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel.
Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include:
• Building & Safety Services, Building Official Building Inspection, Plan Check
• Civil Engineering,
• Staff Augmentation
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
Packet Page. 999
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance
Task Order No : Transtech003
Project Management Services for San Bernardino Hope Campus Project www.transtech.org
855.595.2495 (toll-free)
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Eng
• Emergency, Support Services
Transtech has extensive experience in managing a variety/types of projects, such as:
• Street Rehabilitation and Reconstruction
• Traffic Signal and Street Lighting
• ADA Improvements
• Water, Drainage, Sewer Improvements
• Bridges
• Parks and Playgrounds
• Parking Structures
• Community Centers
• Libraries
• City Halls
• Fire Stations
• Renovation of Historic Buildings
Transtech has extensive experience in the management and administration of federally funded projects in compliance with LAPM. In the past few years, we managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM. Current Version of LAPM is published with updates in January 2023). Also, as contract City Engineers representing various cities, we also work closely with Caltrans staff on LAPM compliance audits on various federally funded projects.
Transtech has extensive experience in managing DB Projects in compliance with CA Public Contract Code. Most recently (in 2022) we completed C-Block Parking Structure in the City of Ontario. The project included construction of 5 level, 400 space parking structure under DB (Design-Build) Delivery. This project received 2022 Projects of the Year APWA Award.
Currently, we are managing Haz-Mat Abatement and Demolition Phase of another DB Delivery Project (Grand Park). The total cost of Grand Park Project is $90M.
Our team includes staff members who have worked for CALTRANS previously, including as Deputy District Director, and as Sr. Construction Manager responsible for oversight of Federally Funded Projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino.
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities.
We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies.
We have a qualified team with large pool of well experienced in-house staff readily available with diversified and extensive expertise, and will be able to respond to service requests and mobilize our resources quickly. As demonstrated in our proposal, our team has a high level of experience and capability to provide the services with proactive leadership and good planning and management practices.
Thank you for the opportunity to submit this Task Order Proposal.
Should you have any questions, or require additional information, please contact the undersigned.
Respectfully submitted.
Okan Demirci, PE, QSD, QSP, Principal Project Manager
E: [email protected]
C: 714-319-6137; O: 909-595-8599
Ahmad Ansari, PE, Principal
E: [email protected]
C: 949-702-5612; O: 909-595-8599
Packet Page. 1000
About Transtech Video Highlight:
CLICK HERE
www.transtech.org
855.595.2495 (toll-free)
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance 201 North E Street, 2nd floor
San Bernardino, CA 92401
Submitted via email to: [email protected] Via email cc to: [email protected] Task Order No : Transtech004
Project Management Services for Norman F. Feldheym Central Library Revitalization Project Dear Mr. Merrill:
Transtech is pleased to submit this Task Order Proposal (Task Order Transtech004) to provide the following services:
Project Management Services for Norman F. Feldheym Central Library Revitalization Project Scope of Work:
Transtech will provide the following scope of work:
• Development of RFP for consultant services.
• Coordinate and develop bid documents for the proposed project improvements. • Provide regular updates to the City Engineer and the Library Director during design and construction. • Hold regular meetings with construction manager and provide direction as needed. • Prepare City Council agenda report for the award of the contracts as required. • Coordinate regular weekly meetings with City team. Provide a weekly update to the City Engineer, and coordinate with City staff as needed.
• Coordinate all plan check reviews with various city departments through approval. Review and provide comments on submittals and ensure that designers and contractors stay on schedule. • Review and discuss designers and contractors schedule and provide comments and approval. • Review all progress payments and recommend approval by City Engineer. • Discuss proposed materials with designers and contractors and coordinate selection as necessary with City staff.
• Prepare City Council and commissions agenda reports as required. • Coordinate with City grant department staff and finance department staff to provide updates or reports as required or requested.
• Obtain proposals and prepare agreements for City with consultants, such as Geotechnical, labor compliance, grant compliance, etc.
• Prepare RFP for the selection of construction management and construction inspection consultant. • Ensure that contractors finalize all required plans for the construction in a timely manner. • Coordinate with all utilities and provide plans as required for review and approval.
Packet Page. 1001
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance
Task Order No : Transtech004
Project Management Services for Norman F. Feldheym Central Library Revitalization Project www.transtech.org
855.595.2495 (toll-free)
Fee Estimate:
Staff Classification
Average
Hrly Rate
Weekly
Average
Hours
Allocation
Weekly
Average
Budget
Allocation
Total
Project
Duration
(in weeks)
Estimated
Total Hours
Allocation
Estimated
Budget
Sr. Project Manager $190 10 $1,900 104 1,040 $197,600
Total Estimated Budget $197,600
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers ("CPI-U") for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistics.
Value Added Service:
Because we are a multi-disciplinary service firm and also provide plan check and inspection among many services to many local agencies, we can also supplement/support Agency plan check and inspection staff, if needed, for code required plan check and inspection efforts.
Customer Care and Responsive Service Approach:
✓ Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction. ✓ All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride in our “Same Day Response” motto.
✓ Transtech also provides a 24-hour emergency contact number to its clients. ✓ Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, including responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. Responsiveness is an integral part of Transtech’s “Customer Care” service approach.
✓ Our Contract Principal will meet with the Client’s Project Manager frequently for service evaluation and address any areas for improvements.
✓ Responsiveness is an integral part of Transtech’s “customer friendly” service approach. While our service is always on an “as needed” basis, our responsiveness is on “full-time” basis. ✓ Transtech understands the importance of being able to expedite certain projects, when requested, by the City.
Transtech has sufficient staff and resources to expedite projects. ✓ We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities.
These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards and requirements.
About Transtech:
Established in 1989, Transtech (a California Corporation) has been in business for 33 years and provides municipal services to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel.
Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include:
• Building & Safety Services, Building Official Building Inspection, Plan Check
• Civil Engineering,
• Staff Augmentation
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
Packet Page. 1002
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance
Task Order No : Transtech004
Project Management Services for Norman F. Feldheym Central Library Revitalization Project www.transtech.org
855.595.2495 (toll-free)
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Eng
• Emergency, Support Services
Transtech has extensive experience in managing a variety/types of projects, such as:
• Street Rehabilitation and Reconstruction
• Traffic Signal and Street Lighting
• ADA Improvements
• Water, Drainage, Sewer Improvements
• Bridges
• Parks and Playgrounds
• Parking Structures
• Community Centers
• Libraries
• City Halls
• Fire Stations
• Renovation of Historic Buildings
Transtech has extensive experience in the management and administration of federally funded projects in compliance with LAPM. In the past few years, we managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM. Current Version of LAPM is published with updates in January 2023). Also, as contract City Engineers representing various cities, we also work closely with Caltrans staff on LAPM compliance audits on various federally funded projects.
Transtech has extensive experience in managing DB Projects in compliance with CA Public Contract Code. Most recently (in 2022) we completed C-Block Parking Structure in the City of Ontario. The project included construction of 5 level, 400 space parking structure under DB (Design-Build) Delivery. This project received 2022 Projects of the Year APWA Award.
Currently, we are managing Haz-Mat Abatement and Demolition Phase of another DB Delivery Project (Grand Park). The total cost of Grand Park Project is $90M.
Our team includes staff members who have worked for CALTRANS previously, including as Deputy District Director, and as Sr. Construction Manager responsible for oversight of Federally Funded Projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino.
One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities.
We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies.
We have a qualified team with large pool of well experienced in-house staff readily available with diversified and extensive expertise, and will be able to respond to service requests and mobilize our resources quickly. As demonstrated in our proposal, our team has a high level of experience and capability to provide the services with proactive leadership and good planning and management practices.
Thank you for the opportunity to submit this Task Order Proposal.
Should you have any questions, or require additional information, please contact the undersigned.
Respectfully submitted.
Okan Demirci, PE, QSD, QSP, Principal Project Manager
E: [email protected]
C: 714-319-6137; O: 909-595-8599
Ahmad Ansari, PE, Principal
E: [email protected]
C: 949-702-5612; O: 909-595-8599
Packet Page. 1003
CITY OF SAN BERNARDINO
Inter-Office Memo for Contract/Agreement Routing
CITY CLERK’S OFFICE
DATE: ________________________
TO: City Clerk’s Office
FROM: ____________________________________________________________ (Contact Person/ Department/Division/ Ext.)
SUBJECT: (Contractor/Project)
Please fill in all blanks below. Enter “N/A” if not applicable Council Meeting Date: _____________________
Agenda Item No. ______________________________
Resolution No. ___________________________
Notary Required _________________________
Number of Copies: 2
To be completed by designated office:
Purchasing Manager: _________________________
City Attorney: ______________ (date signed)
City Manager: ______________ (date signed)
To be completed by City Clerk’s office:
City Clerk: _________________ (date signed)
Scan date: __________________
Contract expiration Date: ___________________________
Destruction date per City’s Retention Schedule: __________________ (date signed)
City Clerk
Review:__________
February 8, 2023 Daniel Hernandez/Agency Director PW, Ops and Maint/ext. 5924 Transtech Engineers Inc./ On-Call Civil Engineering Design Services PSA 11/16/2022 22 N/AN/A DocuSign Envelope ID: 1A3037EE-D641-4E17-8463-AA01830A64AD 2/9/2023
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1004
1 ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND TRANSTECH ENGINEERS, INC.
This Agreement is made and entered into as of February 16, 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 Transtech Engineers, Inc., a CORPORATION with its principal place of business at 13367 Benson Ave., Chino, CA. 91710 (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:
Civil Engineering Design, Consulting and Project Management Services for:
1. Civil Engineering Design
2. Traffic
3. Survey
4. Inspection and Management of Construction
5. Civil Engineering for Transportation
6. Project Management/Staff Augmentation
(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.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”.
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their DocuSign Envelope ID: 1A3037EE-D641-4E17-8463-AA01830A64AD DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1005
2 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. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $50,000 per assigned task order. 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.
Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) RiversideSan Bernardino – Ontario, CA areas for the twelve (12) month period July through July 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. The term of this Agreement shall be from February 16, 2023, to November 16, 2027, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.
DocuSign Envelope ID: 1A3037EE-D641-4E17-8463-AA01830A64AD DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1006
3 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 a Task Order from the City to proceed.
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 DocuSign Envelope ID: 1A3037EE-D641-4E17-8463-AA01830A64AD DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1007
4 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.
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.
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.
DocuSign Envelope ID: 1A3037EE-D641-4E17-8463-AA01830A64AD DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1008
5 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.
(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.
DocuSign Envelope ID: 1A3037EE-D641-4E17-8463-AA01830A64AD DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1009
6 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)
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)
DocuSign Envelope ID: 1A3037EE-D641-4E17-8463-AA01830A64AD DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1010
7 At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
g. 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
(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
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8 (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 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
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9 (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. 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.
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10 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), 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 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
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11 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 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.
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12 27. Organization. Consultant shall assign Ahmad Ansair ,Ali Cayir and/or Terry Renner as Project Manager(s). 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 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: Daniel Hernandez Agency
Director of Public Works, Operations,
and Maintenance
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Transtech Engineers, Inc.
413 MacKay Drive
San Bernardino, CA. 92408
Attn: Allen Cayir
President
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.
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13 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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14 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. Order of Precedence.
The following order and succession of the referenced documents shall govern in the event of conflict between documents:
1. Amendment(s)
2. This Agreement
3. Task Orders
44. Electronic Signatures. 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
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND TRANSTECH ENGINEERS, INC.
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
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
TRANSTECH ENGINEERS, INC.
Signature
Allen Cayir
Name
President
Title
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16 EXHIBIT A
Scope of Services / Schedule of Charges
This agreement assists the city with creating a long-term list of “Pre-Qualified Civil Engineering Firms, Engineering Design Professionals and Related Consultants”. The consultant shall provide the following services:
• Civil Engineering Design
- Designs for street construction (widening/reduction), pavement projects (rehabilitation, reconstruction, median additions, ADA compliant sidewalks and walkways, and ADA compliant access ramp projects.
- Designs of infrastructure such as: wastewater pump/lift station, wastewater force main pipeline, gravity pipelines, rehabilitation of existing gravity and force main pipes. Preparation of wastewater hydraulic analysis and modeling
- Designs storm drain infrastructure such as: storm drain pipeline and ancillary structures, detention retention basin, and rehabilitation of existing storm drain pipes. Preparation of hydrology and hydraulic studies, Master Drainage studies, Water-Quality Master Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP).Design and implementation of quiet zone infrastructures and devices at railroad crossings such as a 4 Quadrant Crossing Gate.
• Traffic Control
- Traffic Engineering Consultants available to provide engineering design services for new or modified traffic signals, traffic control, signage and striping, lighting, signal interconnect (hardwire or fiber optic cable), preparation of Signal Timing Plans and Traffic Impact Studies, and any other traffic engineering related designs. • Survey
- Collect existing ground elevation and topographic features. - Provide targets for aerial survey.
- Provide construction staking for Public Works Capital Improvement Projects.
- Tie out existing monuments and re-establish monuments pre and post-construction.
- Prepare legal description and accompany plat for easements, Right-of-Way acquisition, and Right-of-Way dedication.
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17 • Inspection and Management of Construction
- Provide Construction Inspection and Management services for the construction of Capital Improvement Projects such as:
pavement construction projects, street widening, concrete sidewalk repair, street median additions, ADA sidewalk and ramp construction, sewer and storm drainpipe installation and rehabilitation, sewer and storm drain pump station rehabilitation and construction, and parking structure rehabilitation and new construction
• Civil Engineering for Transportation
- Provide services for transportation projects. Can conceive, design, build, supervise, operate, construct and maintain infrastructure projects and systems in the public and private sector, including roads, buildings, airports, tunnels, dams, bridges and systems for water supply and sewage treatment.
• Project Management/Staff Augmentation
o Provide services of leading a work team to achieve all project goals within specified constraints.
o Planning, organizing, managing the completion of a project, while ensuring that it delivers the expected results on time, on budget and within a specific scope of services.
o Provide staffing services for filling short-term project positions for Public Works on-call civil engineering design services.
Schedule of Charges
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19 The rates can be increased each year July 1st using the percentage change in the Consumer Price Index – All urban consumers, All Items (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA. Please see section 5a, section 2 of this agreement for price adjustments. An amendment must be executed for all price adjustments due to budget adjustments and city council approval.
EXHIBIT B
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2/16/23
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SCOPE OF SERVICE
Program Management services shall include, but are not limited to:
Environmental, Preliminary Engineering and Right-of-Way Engineering
1. Identify and develop scope of work for capital improvement projects.
2. Prepare Request for Proposals (RFP) for environmental, preliminary engineering and right-of-way engineering services, as necessary.
3. Coordinate review and evaluation of proposals received for environmental, preliminary engineering and right-of-way engineering services. Submit recommendations to award to most qualified consultants.
4. Administer consultant contracts related to environmental, preliminary engineering and right-ofway engineering phases of capital improvement projects.
5. Define a complete and detailed project description and delineate project study area that will meet needs of technical analyses and environmental documentation, as may be required.
6. Coordinate preparation of legal descriptions and plat maps of right-of-way acquisitions, as may be required.
7. Coordinate preparation and completion of Request for Authorization (RFA) package on federally funded projects for submittal to Caltrans.
Preliminary and Final Design
1. Prepare RFP for professional engineering and design services.
2. Coordinate review and evaluation of proposals received for design services. Submit recommendations to award to most qualified consultants.
3. Administer consultant design contracts on capital improvement projects.
4. Coordinate review of pavement evaluation reports, geotechnical investigations, soils reports, traffic studies, etc. related to design of capital improvement projects.
5. Coordinate review and plan check of plans and specifications at the 60%, 90% and 100% completion levels.
6. Prepare project budget and schedules and monitor through completion.
Pre-Construction Phase:
1. Perform value engineering and constructability review of project plans and specifications.
2. Review engineer’s estimates and approved budgets for projects.
3. Prepare and maintain a master project schedule based on anticipated completion of design and construction phases of projects, integrating all reviews and approvals as may be required by City and other regulatory agencies.
4. Coordinate preparation and completion of Request for Authorization (RFA) for Construction package on federally funded projects for submittal to Caltrans.
5. Package bid documents for advertising.
6. Coordinate with project design consultant in responding to relevant questions during bid phase. Issue addenda as necessary to address these questions or clarifications.
7. Review and evaluate bids received and submit recommendation to award to lowest responsible bidder.
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Construction Phase
1. Arrange and conduct Pre-Construction meetings, inviting general contractors and project stakeholders. Prepare minutes of Pre-Construction meetings for distribution to all attendees.
2. Provide and maintain sufficient field personnel to administer and manage construction contracts.
3. Review construction schedules, including activity sequences and duration, schedules of submittals and delivery schedules of long lead materials and equipment. Review contractor’s updates and revisions as may be required to reflect actual progress of work.
4. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress, problems, change orders, submittals, requests for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees.
5. Process contractor’s submittals for project design consultant’s review and approval.
6. Process and track RFIs, submittals, shop drawings, proposed change orders and revisions.
7. Review and evaluate proposed change orders. Review estimates for reasonableness and cost effectiveness and render recommendations to City.
8. Maintain cost accounting records on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M).
9. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. Identify variances between actual and estimated costs and report such variances to City at regular intervals.
10. Assist City in coordinating services of other consultants (geotechnical, NPDES, materials testing, deputy inspection, special laboratory testing, etc.) that may be hired or selected for the projects.
11. Coordinate with project design consultant in response to contractor’s requests for interpretation or clarification of meaning and intent of project plans and specifications.
12. Establish and implement job safety procedures in compliance with CAL-OSHA requirements. Monitor contractor’s compliance with established safety program, respond to deficiencies and hazards, and investigate and report on accidents.
13. Track quantities of work completed for progress payments. Develop and implement procedures for review and processing of progress payment applications. Assist City with review and certification for payment.
14. Establish procedures and monitor contractor compliance with federal and state prevailing wage regulations and requirements.
15. Perform quality assurance reviews on a regular basis and recommend changes, as necessary.
16. Comply with federal and state grant funding requirements. Assist City in preparing and processing reimbursements.
17. Maintain a complete project filing system. Filing system shall be in accordance with Section 16.8 (Chapter 16) of the Caltrans LAPM.
Post-Construction Phase
1. Evaluate completion of work and recommend to City when work is ready for final inspection.
2. Conduct final inspection/walk through with City staff, maintenance/service personnel and project design consultants.
3. Issue preliminary and final punch lists, including schedules for punch list completion. Monitor and follow through until completion of all punch list items.
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4. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating & maintenance manuals, warranties and other documents as stipulated in contract documents.
5. Review and process contractor’s requests for final payment and release of retention.
6. Coordinate preparation and submittal of as-built drawings.
7. Deliver project files to City.
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Proposal
Capital
Improvement
Program
(CIP)
Programmatic
Services
Submitted To
City of SAN BERNARDINO
Office: 201 North E Street, 2nd floor
Mail: 290 North D Street
San Bernardino, CA 92401
Attn.: Daniel Hernandez
Agency Director of Public Works,
Operations, and Maintenance
Submittal Requirement:
Via email to: [email protected]
Via email cc to: [email protected]
Submitted By
TRANSTECH Engineers, Inc.
Contact Person for this Proposal:
Ahmad Ansari, PE, Principal
E: [email protected]
E: [email protected]
C: 949-702-5612
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About Transtech Video Highlight:
CLICK HERE
www.transtech.org
855.595.2495 (toll-free)
January 25, 2023
City of SAN BERNARDINO
201 North E Street, 2nd floor
San Bernardino, CA 92401
Submittal Requirement: Via email to: [email protected] Via email cc to: [email protected] Attn.: Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Proposal, Capital Improvement Program (CIP) Programmatic Services Dear Mr. Hernandez:
Transtech is pleased to submit this Proposal for the subject services. This Cover Letter provides an executive summary of our qualifications relevant to the services requested.
ABOUT TRANSTECH: Established in 1989, Transtech (a California Corporation) has been in business for 33 years and provides municipal services to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel.
MULTI-DISCIPLINARY MUNICIPAL ENGINEERING CONSULTING FIRM: Transtech is a multi-disciplinary municipal engineering consulting firm. Our service capabilities include:
• Building & Safety Services, Building Official Building Inspection, Plan Check
• Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management
• Grant Writing
• CDBG Project Management
• City Engineer, City Traffic Engineer, Development
Review, Public Works Engineering, Plan Check,
Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and Eng
• Water Resources Engineering
• Surveying, Mapping, ALTA, Right-of-way Eng
• Emergency, Support Services
EXTENSIVE EXPERIENCE IN MANAGING A VARIETY/TYPES OF PROJECTS: Transtech has extensive experience in managing a variety/types of projects, such as:
• Street Rehabilitation and Reconstruction
• Traffic Signal and Street Lighting
• ADA Improvements
• Water, Drainage, Sewer Improvements
• Bridges
• Parks and Playgrounds
• Parking Structures
• Community Centers
• Libraries
• City Halls
• Fire Stations
• Renovation of Historic Buildings
EXTENSIVE EXPERIENCE IN FEDERALLY FUNDED PROJECTS AND LAPM: Transtech has extensive experience in the management and administration of federally funded projects in compliance with LAPM. In the past few years, we managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM. Current Version of LAPM is published with updates in January 2023). Also, as contract City Engineers representing various cities, we also work closely with Caltrans staff on LAPM compliance audits on various federally funded projects.
EXPERIENCE IN DB (DESIGN-BUILD) PROJECT DELIVERY: Transtech has extensive experience in managing DB Projects in compliance with CA Public Contract Code. Most recently (in 2022) we completed C-Block Parking Structure in the City of Ontario. The project included construction of 5 level, 400 space parking structure under DB (Design-Build) Delivery. This project received 2022 Projects of the Year APWA Award.
Currently, we are managing Haz-Mat Abatement and Demolition Phase of another DB Delivery Project (Grand Park).
The total cost of Grand Park Project is $90M.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1029
January 25, 2023
City of SAN BERNARDINO
Attn.: Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Proposal, Capital Improvement Program (CIP) Programmatic Services www.transtech.org 855.595.2495 (toll-free)
STAFF MEMBERS WHO HAVE WORKED FOR CALTRANS: Also, our team includes staff members who have worked for CALTRANS previously, including as Deputy District Director, and as Sr. Transportation Engineer responsible for oversight of Federally Funded Projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino. • Mohammad Pasebani, PE (LAPM Compliance QC/QA Oversight): Over 35 years of experience working for Caltrans. His career path included a number of positions in Caltrans, with last position being Senior Transportation Engineer, responsible for oversight of Federally Funded projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino. He also provided instruction at various Resident Engineer Academies and Seminars/Workshops designed for Local agencies. • Ali Zaghari, PE (Caltrans Coordination Oversight): Over 35 years of experience in Transportation Management & Operations at various capacities in the California Department of Transportation (Caltrans). His career path includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District Director.
UNIQUE QUALIFICATIONS: One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities. We have extensive experience working with Public Agencies in similar assignments.
We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies.
LARGE POOL OF WELL EXPERIENCED IN-HOUSE STAFF READILY AVAILABLE: We have a qualified team with large pool of well experienced in-house staff readily available with diversified and extensive expertise, and will be able to respond to service requests and mobilize our resources quickly. As demonstrated in our proposal, our team has a high level of experience and capability to provide the services with proactive leadership and good planning and management practices.
We believe our team is well qualified to perform the services requested:
Successfully providing similar services to many agencies for over 33 years. Proven track record in on time and within budget project delivery. Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services. Ability to work collaboratively with agencies, project applicants, and other stake holders, and communicate effectively with diverse audiences and stakeholders at public forums. Committed to producing a high-quality work product and deliver a high level of customer care. We understand the importance of an effective public relations and information program, and have managed large projects, which involved multiple agencies and jurisdictions. Understanding of public agencies procedures, and policies, and extensive experience in preparing staff reports, and presentations to City Council, Boards and public. Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction.
Commitment of principal level management and involvement throughout the contract duration.
We present to the City a team with proven experience and success, self- motivated, and can manage and deliver projects in an efficient and effective manner with high quality service.
Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact the undersigned.
Sincerely,
Ahmad Ansari, PE, Principal
E: [email protected]; E: [email protected]; C: 949-702-5612 DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1030
Table of Contents
Proposal
Capital Improvement Program (CIP) Programmatic Services Our proposal includes information listed in RFP under “Proposal Content”, and is formatted per the sections listed in the RFP under “Proposal Format”, as listed below:
Proposal Section Page
1. Perception Approach 1.1 – 1.9
1. Project understanding and perception 1.1
2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy 1.5
2. Methodology 2.1 – 2.17
1. Clearly state the methodology to be used in completing the Scope of Services 2.1
2. Provide QA/QC plan to ensure quality control for the duration of the project 2.16
3. Key Personnel 3.1 – 3.17
This section of the proposal shall be formatted as follows:
1. Experience of key personnel 3.1
2. Responsibilities to be assigned 3.3
3. Amount of each individual’s time to be allocated 3.4
4. Subconsultant(s) to be used (if any) 3.5
5. Resumes of key personnel 3.5
6. Project organization chart 3.17
4. Relevant Experience 4.1 – 4.18
This section of the proposal shall include at least three (3) projects completed by the proposed project team within the past five years.
5. Quality of Proposal 5.1 – 5.3
1. Proposal contains all minimum required items and is in proper format 5.1
2. All forms, including addenda (if any) have been completed and signed 5.3
6. Budget / Fee 6.1 – 6.2
Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated hours as need due to the City’s needs.
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Proposal Section 1
Perception Approach
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1032
1. Perception Approach 1.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
1. Perception Approach
1. Project understanding and perception
2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy
1. Project understanding and perception
The City has requested proposals from on-call consultants for Professional Engineering and Program Management Services related to implementing the City’s Capital Improvement Program (CIP).
The City has approximately $100 million in capital improvements programmed over the next five years. The CIP includes a variety of projects, such as:
• rehabilitation of arterial highways, collectors, and residential streets
• intersection widening improvements
• miscellaneous concrete replacements and Americans with Disabilities Act (ADA) improvements • installation of BMPs and NPDES improvements
• installation of traffic signals
• construction of park improvements
• installation of landscaping and irrigation improvements • bridge maintenance and repairs
• rehabilitation of City-owned facilities
Transtech Comment:
Transtech has extensive experience in managing a variety/types of projects, such as:
• Street Rehabilitation and Reconstruction
• Traffic Signal and Street Lighting
• ADA Improvements
• Water, Drainage, Sewer Improvements
• Bridges
• Parks and Playgrounds
• Parking Structures
• Community Centers
• Libraries
• City Halls
• Fire Stations
• Renovation of Historic Buildings
The selected consultant will provide Professional Engineering and Program Management Services as described in Chapter 16, “Administer Construction Contracts,” of the State of California Department of Transportation’s (Caltrans) Local Assistance Procedure Manual (LAPM).
Transtech Comment:
• We have extensive experience in the management and administration of federally funded projects in compliance with LAPM. In the past few years, we managed over 30 federally funded projects. Our staff members have completed Caltrans Resident Engineer Academy for Federally Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM. Current Version of LAPM is published with updates in January 2023).
The Local Assistance Procedures Manual (LAPM) is intended to assist California Local Public Agencies (LPAs) scope, organize, design, construct, and maintain local public transportation facilities utilizing Federal Highway Administration (FHWA) federal-aid or state funding. The LAPM describes the required processes, procedures, documents, authorizations, approvals, and certifications to receive federal-aid and/or state funds for many types of local transportation projects.
The LAPM is intended to be used in conjunction with the Local Assistance Program Guidelines (LAPG). The LAPG describes each of the federal-aid and state-funded Local Assistance programs and the requirements for DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1033
1. Perception Approach 1.2
Proposal
Capital Improvement Program (CIP) Programmatic Services obtaining project funding for these individual programs Projects utilizing only state funds require less oversight and review than those with federal-aid funds. Not all of the processes described in the chapters of this manual apply to these projects. LAPM Chapters 1, 2, 3, 4, 5, 10, and 17 apply in whole, or in part, to these projects. The LAPG further defines these programs.
In addition to Chapter 16 of LAPM, several other chapters will be applicable to the tasks that will be performed by the selected Program Management Consultant on Federally and State Funded projects. Following is a summary of LAPM Chapters, which maybe applicable to various project phases where guidelines and requirements included in LAPM Chapters will have to be followed:
o Chapter 2: Roles and Responsibilities defines the roles and responsibilities for the various entities involved in developing a local assistance project.
o Chapter 3: Project Authorization describes the process to obtain project authorization and fund obligation required for each phase of a federal-aid project.
o Chapter 4: Agreements describes the agreements needed between the LPA and the State and between the State and FHWA to obtain reimbursement of funds.
o Chapter 5: Invoicing describes the general accounting procedures necessary to receive reimbursement for work done in any phase of the project.
o Chapters 6-8: Environmental Procedures, Field Review, and Public Hearings discuss the project initiation and environmental procedures needed to bring a project to the stage at which the LPA decision-makers commit the project to final design and implementation.
o Chapter 9: Civil Rights and Disadvantaged Business Enterprises describes the requirements for establishing and reporting DBE program and project goals. This process may be necessary during the initial project stage, or may not be required until a later phase.
o Chapter 10: Consultant Selection describes the requirements for selecting and hiring consultants to perform project activities.
o Chapters 11 & 12: Design Guidance and Plans, Specifications, & Estimate describe the design standards to be used and the Plans, Specifications and Estimate (PS&E) development necessary to bring the project to the advertising and construction stage.
o Chapters 13 & 14: Right of Way and Utility Relocations describe the procedures used to acquire right of way or relocate utilities.
o Chapters 15-17: Advertise and Award Project, Administer Construction Contracts, and Project Completion describe the procedures from advertising through construction administration, project completion, and completion of the final reports.
o Chapter 18: Maintenance describes the ongoing maintenance responsibilities and activities needed to assure that the project remains a functional public asset, and the related inspection and reporting requirements.
o Chapter 19: Reserved for future use.
o Chapter 20: Audits and Corrective Actions describes the expectations, roles, and responsibilities for audits conducted by the Caltrans Internal Audits Office (CIAO) or the Independent Office of Audits and Investigations (IOAI).
• As contract City Engineers representing various cities, we also work closely with Caltrans staff on LAPM compliance audits on various federally funded projects. • Our team includes staff members who have worked for CALTRANS previously, including as Sr. Transportation Engineer responsible for oversight of Federally Funded Projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino and as Deputy District Director. o Mohammad Pasebani, PE (LAPM Compliance QC/QA Oversight): Over 35 years of experience working for Caltrans. His career path included a number of positions in Caltrans, with last position being Senior Transportation Engineer, responsible for oversight of Federally Funded projects in local agencies in the counties of Los Angeles, Ventura and San Bernardino. He also provided instruction at various Resident Engineer Academies and Seminars/Workshops designed for Local agencies. o Ali Zaghari, PE (Caltrans Coordination Oversight): Over 35 years of experience in Transportation Management & Operations at various capacities in the California Department of Transportation (Caltrans). His career path includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District Director.
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1. Perception Approach 1.3
Proposal
Capital Improvement Program (CIP) Programmatic Services More specifically, the services shall include, but are not limited to:
Environmental, Preliminary Engineering and Right-of-Way Engineering
1. Identify and develop scope of work for capital improvement projects.
2. Prepare Request for Proposals (RFP) for environmental, preliminary engineering and right-of-way engineering services, as necessary.
3. Coordinate review and evaluation of proposals received for environmental, preliminary engineering and right-of-way engineering services. Submit recommendations to award to most qualified consultants.
4. Administer consultant contracts related to environmental, preliminary engineering and right-of-way engineering phases of capital improvement projects.
5. Define a complete and detailed project description and delineate project study area that will meet needs of technical analyses and environmental documentation, as may be required.
6. Coordinate preparation of legal descriptions and plat maps of right-of-way acquisitions, as may be required.
7. Coordinate preparation and completion of Request for Authorization (RFA) package on federally funded projects for submittal to Caltrans.
Preliminary and Final Design
1. Prepare RFP for professional engineering and design services.
2. Coordinate review and evaluation of proposals received for design services. Submit recommendations to award to most qualified consultants.
3. Administer consultant design contracts on capital improvement projects.
4. Coordinate review of pavement evaluation reports, geotechnical investigations, soils reports, traffic studies, etc. related to design of capital improvement projects.
5. Coordinate review and plan check of plans and specifications at the 60%, 90% and 100% completion levels.
6. Prepare project budget and schedules and monitor through completion.
Pre-Construction Phase:
1. Perform value engineering and constructability review of project plans and specifications.
2. Review engineer’s estimates and approved budgets for projects.
3. Prepare and maintain a master project schedule based on anticipated completion of design and construction phases of projects, integrating all reviews and approvals as may be required by City and other regulatory agencies.
4. Coordinate preparation and completion of Request for Authorization (RFA) for Construction package on federally funded projects for submittal to Caltrans.
5. Package bid documents for advertising.
6. Coordinate with project design consultant in responding to relevant questions during bid phase. Issue addenda as necessary to address these questions or clarifications.
7. Review and evaluate bids received and submit recommendation to award to lowest responsible bidder.
Construction Phase
1. Arrange and conduct Pre-Construction meetings, inviting general contractors and project stakeholders. Prepare minutes of Pre-Construction meetings for distribution to all attendees.
2. Provide and maintain sufficient field personnel to administer and manage construction contracts.
3. Review construction schedules, including activity sequences and duration, schedules of submittals and delivery schedules of long lead materials and equipment. Review contractor’s updates and revisions as may be required to reflect actual progress of work.
4. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress, problems, change orders, submittals, requests for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees.
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1. Perception Approach 1.4
Proposal
Capital Improvement Program (CIP) Programmatic Services
5. Process contractor’s submittals for project design consultant’s review and approval.
6. Process and track RFIs, submittals, shop drawings, proposed change orders and revisions.
7. Review and evaluate proposed change orders. Review estimates for reasonableness and cost effectiveness and render recommendations to City.
8. Maintain cost accounting records on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M).
9. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. Identify variances between actual and estimated costs and report such variances to City at regular intervals.
10. Assist City in coordinating services of other consultants (geotechnical, NPDES, materials testing, deputy inspection, special laboratory testing, etc.) that may be hired or selected for the projects.
11. Coordinate with project design consultant in response to contractor’s requests for interpretation or clarification of meaning and intent of project plans and specifications.
12. Establish and implement job safety procedures in compliance with CAL-OSHA requirements. Monitor contractor’s compliance with established safety program, respond to deficiencies and hazards, and investigate and report on accidents.
13. Track quantities of work completed for progress payments. Develop and implement procedures for review and processing of progress payment applications. Assist City with review and certification for payment.
14. Establish procedures and monitor contractor compliance with federal and state prevailing wage regulations and requirements.
15. Perform quality assurance reviews on a regular basis and recommend changes, as necessary.
16. Comply with federal and state grant funding requirements. Assist City in preparing and processing reimbursements.
17. Maintain a complete project filing system. Filing system shall be in accordance with Section 16.8 (Chapter 16) of the Caltrans LAPM.
Post-Construction Phase
1. Evaluate completion of work and recommend to City when work is ready for final inspection.
2. Conduct final inspection/walk through with City staff, maintenance/service personnel and project design consultants.
3. Issue preliminary and final punch lists, including schedules for punch list completion. Monitor and follow through until completion of all punch list items.
4. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating & maintenance manuals, warranties and other documents as stipulated in contract documents.
5. Review and process contractor’s requests for final payment and release of retention.
6. Coordinate preparation and submittal of as-built drawings.
7. Deliver project files to City.
Transtech Comment:
• One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. Several of our senior staff members have previously worked for Public Agencies in various capacities, such as Public Works Director, City Engineer, City Traffic Engineer, CIP Manager, Building Official, Planner, and various other capacities.
• We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies.
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1. Perception Approach 1.5
Proposal
Capital Improvement Program (CIP) Programmatic Services
2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy
PROJECT DELIVERY, PLANNING AND EXECUTION APPROACH:
Project delivery, on time and on budget, may involve the process steps listed below:
• Active involvement early in the project and a thorough understanding of the agencies goals and objectives.
• Management of scope and quality (i.e., is the available budget and the desired scope consistent and feasible?).
• Identify deliverables, phasing, and overall project schedule. (This specifically includes project closeout procedures. Never wait until the last minute to define expectations for project completion.) • Creation of a basic work breakdown structure. (This is also the time to consider potential alternatives.) • Identification of the critical activities and the required path from beginning to successful completion. • Assembly of necessary and effective team members.
• Identify the owner of the project and the project point of contact. • Identification of critical stakeholders and definition of their respective roles. • Establish the total project budget and the total project schedule. • Identification of milestone events required to evaluate and/or verify project performance. • Identify, assesses likelihood, mitigate, and assign potential risks. • Define quality control procedures, including code required special inspection and testing. • Define quality assurance procedures, including review and acceptance of special inspection reports and testing results.
• Monitor costs against the established budget and guard against unfunded scope creep. • Monitor actual progress against the established project schedule.
To be cost effective, the management of projects should be tailored to the actual project. Steps and processes that are required for some projects are not necessarily required to all projects. For the same reason, staffing should be tailored to meet the needs of the specific project, and available staffing should be shared among multiple projects where increased efficiency can be achieved.
STRUCTURED APPROACH:
We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with an efficient and quality product. We have established guidelines and policies on quality control, project management, and procedures. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards and requirements. The following paragraphs describe our general approach to deliver projects in an efficient and cost-effective manner:
• Project Management: Our approach is to provide proactive management and attempt to identify potential issues and problems in advance and take corrective actions before they become problems. This requires extensive hands-on knowledge, experience and management skills of the people involved in managing the project. Our team members have extensive experience and proven track record in managing large and complex projects and bringing them to a completion on time and within budget. • Approach to Cost Control and Change Orders: We evaluate project costs and develop feasible mitigation measures to minimize additional costs. We work as a team to solve problems or make modifications in the field to address unforeseen conditions or owner generated changes in a cost-effective manner. • Approach to Scheduling and Timely Completion of Project and Schedule Recovery: The baseline schedule should properly identify the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans.
• Management of Documents: We use an electronic file management system. All construction forms, daily dairies, weekly statement of working days, etc. are stored in our electronic file system, and are per Caltrans documentation system. We provide these documents at the end of the project to the client in organized files as well as pdf files.
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1. Perception Approach 1.6
Proposal
Capital Improvement Program (CIP) Programmatic Services • Safety and Security: We hold meetings with the contractor to review and discuss safety and security requirements, OSHA conformance, emergency security and safety procedures, and enforce security and safety responsibilities. • Funding Closeout: We prepare necessary closeout documentation required by the funding agencies, submit final reimbursement documentation, follow-up on the reimbursements, and final funds balance report. • Project Closeout: We recognize that closeout is an important part of the construction process. It signifies that the new facility structure is ready to use. We methodically handle all closeout tasks to ensure a smooth transition from construction to occupancy.
• Methodology for Communication to Inform City on Work Progress: Key project team members will attend periodic project progress meetings with City staff throughout the project duration. • Electronic common project information and file sharing platform: We create and provide access to project participates a common project information and file sharing platform.
DUE DILIGENCE ACTIVITIES AND MEASURES:
Following are description of the due diligence activities and measures that maybe considered to avoid/minimize the occurrence/impacts of unforeseen conditions:
• In our view, due diligence is related to, but distinctly different from quality control and/or quality assurance. Due diligence, in this context, is the care and effort during all project phases, from project planning, design thru construction.
• Effective project controls part of the diligence activities, and lead to developing efficient measures and resolutions, and play an important role to keep complex projects on track. They help teams and stakeholders identify emerging risks early, before they become expensive, time-consuming problems.
With advance warning, these issues can be mitigated or avoided altogether. Project controls also give the project team the data they need to set realistic expectations, and plan and manage the project with efficiently.
• Also, when an unforeseen condition occurs, it is important to quickly assess the potential impact of such condition on the schedule and project’s critical path, and deal with the issue accordingly. For example, an unforeseen condition that may lead to potential delay and delay claims (in addition to direct construction work cost related to the condition), would have high priority, and may require to proceed with the work under specific monitoring of this specific work separately, while the facts and responsibilities are sorted out, and an appropriate change order is finalized. • Identifying potential construction risks prior to the start of construction can lead to success. During preconstruction, review of construction and contract documents in an effort to identify risks or concerns prior to the start of construction, will minimize the potential of unforeseen conditions..
APPROACH/STRATEGY FOR MANAGING, NEGOTIATING, AND INCORPORATING CHANGES IN PROJECT SCOPE A number of different factors can influence the development of Change Orders on projects, which can result from either foreseen or unforeseen conditions and may include:
• Design Modifications
• Errors and Omissions
• Changed Conditions
• Additional/Reduced Work Scope
• Owner-Directed Schedule Acceleration or Slowdown
• Work Sequencing
• Adjustments to Unit Pricing
• Force Majeure Delays
• Added Cost Incentives
• Delayed, Denied, or Restricted Access to a Project Site • Inappropriate Rejection of the Contractor’s Work
• Delays to Owner-Supplied Services and Materials
Our approach and strategy is structured based on minimizing cost and schedule impacts, while evaluating change orders in a timely, fair and equitable manner.
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1. Perception Approach 1.7
Proposal
Capital Improvement Program (CIP) Programmatic Services Initial evaluation of a change order request may include various elements:
• Is it already covered in the contract?
• Is it necessary to complete the work?
• Impact on the planned work?
• Will it affect or change the contractor’s planned method of performing the work? • Will it cause a work-character change?
• Impact on the contract time?
• Methods of payment?
• Are there sufficient contingency funds? If not, can additional funds be obtained soon enough to prevent delays?
• Impacts on any regulatory conditions, permits, utilities, etc..
Initial documentation may include:
• A memorandum explaining and justifying (or rejecting) the change order For many change orders, the following documents may be prepared:
• Architect/Engineer of Record stamped, signed and dated revised plan sheets and Specifications, when applicable.
• Cost estimate calculations supporting any agreed prices • A time impact analysis justifying any time extensions Change Order Backlog may be maintained in 2 main categories:
• Undisputed. Includes potential Change Orders that are not in contention and their processing is delayed because of inadequate administrative support, procedures, or funding. • Disputed. There are two reasons for a potential Change Order to be disputed. o In the first case, the owner and the contractor are unable to come to an agreement that the scope of work that is identified in the potential Change Order actually represents a change to the contract scope.
o In the second case, the owner and the contractor both agree that the work scope is a change to the contract scope of work, but are unable to agree on the value or cost of the potential Change Order and/or its time impact. For potential Change Orders that are disputed, the approval and compensation may be delayed. The issues, if they are ignored or unresolved, can later become claims.
Our approach to change order negotiations and resolution includes:
• Establishing the method by which the Change Order will be priced, which usually dictates the level of negotiation that may be required to resolve the additional costs and time. • Depending on the amount, complexity, potential impacts, preparation of an independent cost estimate and a time impact analysis.
Depending on our involvement in various project phases, we suggest consideration of following items to minimize change order potentials and impacts on the project when a change order is implemented:
• Design Phase:
o Constructability reviews and value engineering program to assess the feasibility of the project’s design and defined work scope.
o Change order procedures.
o Change management process.
o Avoid delaying the approval of changes that will ultimately be approved. This tactic results in the changes being pushed to later in the project where they become more costly to implement. It is a misconception to believe that the issues related to Change Orders resolve themselves. o Authorization for a change should be mandatory before implementation, regardless of the type of agreement or contract. Authorization should be timely and decisive.
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1. Perception Approach 1.8
Proposal
Capital Improvement Program (CIP) Programmatic Services • Contract Award Phase:
o Evaluation of contractor’s bid proposal to ensure that the documents are complete and that the cost and schedule reasonably represent the scope objectives and timelines required for the project.
• Construction phase:
o Budget and schedule baseline control.
o Processing, approving, and executing Change Orders in a timely manner to avoid disputes and claims that may affect the progress and completion of the project.
Change Order Documentation:
• Change orders should be prepared in a clear, concise, and explicit manner. A change orders should be easily understood by third parties reviewing it what work was performed without further explanation.
Communicate with Parties Involved:
• Discus the reason for the requested change and how it will be managed. Disputes over change orders can be magnified is not properly managed.
• Define the new scope of work and discuss how it will impact the current construction schedule and performance.
• Keep everyone updated on the change order process.
• Minimize the potential of disputes and claims by documenting change order process in detail.
When applicable, show change order on as-built drawings:
• The contractor is typically required to mark up the contract drawings with the as-built details. This should also include the revisions that were addressed and approved in the Change Order documents. • Have the Architect/Engineer of Record review the level of detail and progress of the contractor’s asbuilt drawings periodically so that any deficiencies can be addressed in a timely manner.
Approach to efficient change order resolution:
• For the negotiations to be successful, it is important that the owner and the contractor be objective in their analysis of the cost and time to complete the work scope that is defined by the potential Change Order. Frequently, the process suffers because of differing personalities and from heightened emotions. To be productive, the focus of the negotiations should remain on the factual circumstances that are related to the Change Order.
• During negotiations, disagreements are often experienced, which can impede the progress for finalizing the Change Order. It is important to actively resolve any disputes as they develop so that an accord between parties can be reached in a timely manner. This attention by the parties will help to minimize the filing of claims on a project.
• It is advantageous to both the owner and the contractor that potential Change Orders on a project are processed in a fair, equitable, and timely manner. The failure to do so most often results in an increased probability of extended disputes and claims between the owner and the contractor.
Project Partnering: Based on project’s size and complexity, Project Partnering may also be considered:
• Partnering is a relationship between the owner and the contractor, formed in order to effectively complete the contract to the benefit of both parties. Through trust, cooperation and teamwork, the goal is to resolve conflicts at the lowest possible level. • Generally, the costs related to Project Partnering are shared between the owner and the contractor.
If formal Project Partnering is desired, it should be specified in the contract specifications. Informal partnering may also be beneficial and does not require contract provisions to be implemented.
PROJECT CONTROL SYSTEMS:
Project controls are essential to keep complex construction projects on budget and on time. They help teams DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1040
1. Perception Approach 1.9
Proposal
Capital Improvement Program (CIP) Programmatic Services and stakeholders identify emerging risks early, before they become expensive, time-consuming problems.
With advance warning, these issues can be mitigated or avoided altogether. Project controls also give leadership the data they need to set realistic expectations, manage subcontractors, and plan with confidence. During the course of a project, program and project managers use controls to monitor time and cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate onsite execution with the milestones established during the design, procurement, entitlement, and preconstruction stages. The benefits of project controls are many. When they are put in place and used appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer claims and costly litigation. Our staff has experience will all of the major document control software systems including Procore, Autodesk ConstructWare (which has now become Construction Cloud), and Primavera P6. In our experience all major control software programs work basically the same way, and adapting from one software offering to another has a fairly small learning curve. Because the specific software is generally a choice made by the prime contractor, our staff is ready to partner with any user of any program. That said, not all projects require the ‘fire power’ associated with an expensive, sophisticated control system. Sometimes an intelligently designed filing system that stores basic Word, Excel, PDF, and email documents in the cloud is all a project really needs.
VALUE ADDED SERVICE:
Because we are a multi-disciplinary service firm and also provide plan check and inspection among many services to many local agencies, we can also supplement/support Agency plan check and inspection staff, if needed, for code required plan check and inspection efforts.
CUSTOMER CARE AND RESPONSIVE SERVICE APPROACH:
Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction.
All telephone calls or e-mails received are returned within the same working day, or the following day.
We take pride in our “Same Day Response” motto.
Transtech also provides a 24-hour emergency contact number to its clients. Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, including responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. Responsiveness is an integral part of Transtech’s “Customer Care” service approach.
Our Contract Principal will meet with the Client’s Project Manager frequently for service evaluation and address any areas for improvements.
Responsiveness is an integral part of Transtech’s “customer friendly” service approach. While our service is always on an “as needed” basis, our responsiveness is on “full-time” basis. Transtech understands the importance of being able to expedite certain projects, when requested, by the City. Transtech has sufficient staff and resources to expedite projects. We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards and requirements.
Transtech is an ISO 9001 certified firm in Quality Management Systems, this certification is based on a number of quality management principles including a strong customer service focus.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1041
Proposal Section 2
Methodology
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1042
2.. Methodology 2.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
2. Methodology
1. Clearly state the methodology to be used in completing the Scope of Services
2. Provide QA/QC plan to ensure quality control for the duration of the project
1. Clearly state the methodology to be used in completing the Scope of Services
CONTRACT ADMINISTRATION APPROACH (CALTRANS LAPM):
Current Version of LAPM is published with updates in January 2023.
For construction contract administration, we
follow guidelines described in Caltrans Local
Assistance Procedures Manual (LAPM).
Maintaining complete and accurate files is a very
important aspect of managing federally funded
projects. Generally, whenever the local agency
is unable to produce requested data or
information, it is assumed by reviewing personnel
that the required actions were either never
performed or not properly recorded. Organized
project files can minimize these negative
assumptions. Organization and content of the
project file is one indicator of effective and
efficient management of the project by the
resident engineer. LAPM has been prepared to
aid California local agencies scope, organize,
design, construct and maintain their public
transportation facilities when they seek Federal
Highway Administration (FHWA) funded federalaid or state funding. This manual describes the processes, procedures, documents,
authorizations, approvals and certifications,
which are required in order to receive federal-aid
and/or state funds for many types of local
transportation projects.
The Local Assistance Procedures Manual (LAPM)
is intended to assist California Local Public
Agencies (LPAs) scope, organize, design,
construct, and maintain local public
transportation facilities utilizing Federal Highway
Administration (FHWA) federal-aid or state
funding. The LAPM describes the required
processes, procedures, documents,
authorizations, approvals, and certifications to
receive federal-aid and/or state funds for many types of local transportation projects.
The LAPM is intended to be used in conjunction with the Local Assistance Program Guidelines (LAPG). The LAPG describes each of the federal-aid and state-funded Local Assistance programs and the requirements DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1043
2.. Methodology 2.2
Proposal
Capital Improvement Program (CIP) Programmatic Services for obtaining project funding for these individual programs Projects utilizing only state funds require less oversight and review than those with federal-aid funds. Not all of the processes described in the chapters of this manual apply to these projects. LAPM Chapters 1, 2, 3, 4, 5, 10, and 17 apply in whole, or in part, to these projects. The LAPG further defines these programs.
In addition to Chapter 16 of LAPM, several other chapters will be applicable to the tasks that will be performed by the selected Program Management Consultant on Federally and State Funded projects.
Following is a summary of LAPM Chapters, which maybe applicable to various project phases where guidelines and requirements included in LAPM Chapters will have to be followed:
o Chapter 2: Roles and Responsibilities defines the roles and responsibilities for the various entities involved in developing a local assistance project.
o Chapter 3: Project Authorization describes the process to obtain project authorization and fund obligation required for each phase of a federal-aid project.
o Chapter 4: Agreements describes the agreements needed between the LPA and the State and between the State and FHWA to obtain reimbursement of funds.
o Chapter 5: Invoicing describes the general accounting procedures necessary to receive reimbursement for work done in any phase of the project.
o Chapters 6-8: Environmental Procedures, Field Review, and Public Hearings discuss the project initiation and environmental procedures needed to bring a project to the stage at which the LPA decision-makers commit the project to final design and implementation.
o Chapter 9: Civil Rights and Disadvantaged Business Enterprises describes the requirements for establishing and reporting DBE program and project goals. This process may be necessary during the initial project stage, or may not be required until a later phase.
o Chapter 10: Consultant Selection describes the requirements for selecting and hiring consultants to perform project activities.
o Chapters 11 & 12: Design Guidance and Plans, Specifications, & Estimate describe the design standards to be used and the Plans, Specifications and Estimate (PS&E) development necessary to bring the project to the advertising and construction stage.
o Chapters 13 & 14: Right of Way and Utility Relocations describe the procedures used to acquire right of way or relocate utilities.
o Chapters 15-17: Advertise and Award Project, Administer Construction Contracts, and Project Completion describe the procedures from advertising through construction administration, project completion, and completion of the final reports.
o Chapter 18: Maintenance describes the ongoing maintenance responsibilities and activities needed to assure that the project remains a functional public asset, and the related inspection and reporting requirements. o Chapter 19: Reserved for future use.
o Chapter 20: Audits and Corrective Actions describes the expectations, roles, and responsibilities for audits conducted by the Caltrans Internal Audits Office (CIAO) or the Independent Office of Audits and Investigations (IOAI).
ARPA FUNDS:
The U.S. Department of Treasury used the standard Community Development Block Grant (CDBG) formula for determining the allocation of funds to metropolitan cities. The U.S. Treasury issued an Interim Final Rule with guidance on the funding allocation methodology, distribution process, and reporting requirements.
Transtech is also providing assistance to its contract Cities for the administration of these funds.
CIP MANAGEMENT:
Transtech manages Capital Project Program and maintains CIP Matrix and Schedule for various contract Cities. The CIP Matrix includes a detailed tracking info for each CIP, as well as a high-level project schedule status in bar chart format for various project phases. The CIP Matrix is updated frequently, and project status is presented to City Management at management meetings, as well as to City Council when directed by the City Management.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1044
2.. Methodology 2.3
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1045
2.. Methodology 2.4
Proposal
Capital Improvement Program (CIP) Programmatic Services PROJECT CONTROL SYSTEMS:
Project controls are essential to keep complex construction projects on budget and on time. They help teams and stakeholders identify emerging risks early, before they become expensive, time-consuming problems.
With advance warning, these issues can be mitigated or avoided altogether. Project controls also give leadership the data they need to set realistic expectations, manage subcontractors, and plan with confidence. During the course of a project, program and project managers use controls to monitor time and cost expenditures and compare them to project lifecycle forecasts. They also rely on them to coordinate onsite execution with the milestones established during the design, procurement, entitlement, and preconstruction stages. The benefits of project controls are many. When they are put in place and used appropriately, they contribute to increased efficiency, decrease in delays and cost overruns, and fewer claims and costly litigation.
Our staff has experience with various document control software systems including Procore, Autodesk ConstructWare (which has now become Construction Cloud), and Primavera P6. In our experience all major control software programs work basically the same way, and adapting from one software offering to another has a fairly small learning curve. Because the specific software is generally a choice made by the prime contractor, our staff is ready to partner with any user of any program. That said, not all projects require the ‘fire power’ associated with an expensive, sophisticated control system. Sometimes an intelligently designed filing system that stores basic Word, Excel, PDF, and email documents in the cloud is all a project really needs.
Transtech has a proven track record for completing projects on time. As part of our role as Project Managers is to develop, review, update and manage the project schedules and confirm that tasks are scheduled within reasonable and appropriate timeframes. We constantly review, monitor and update the schedule to confirm it is in compliance with the original schedule and that related coordination with external/3rd parties/regulatory agencies/utility companies, etc. are on track. If the look ahead schedule is not in compliance with the original schedule, we take appropriate actions to avoid potential delays. Our approach to Scheduling and Timely Completion of Project and Schedule Recovery includes having the contractor prepare a baseline schedule, which identifies the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans.
ISSUES TRACKING SYSTEM:
An issue tracking system provides an easy way to document issues, assign responsible party, and view the status of how the issue resolution is progressing. Complete documentation of issues is critical to mitigate risks on current projects and prevent similar issues on future projects. When issue tracking is integrated with the project management system, all documentation, and communications related to the project become centralized to provide complete transparency into project status.
Key components of effective issue tracking are:
• Date the issue was identified. This is important to document when the issue was first identified and how long an issue is open. Issues that have long resolution times could be further investigated by performing a root cause analysis.
• Description. A thorough description of the issue along with potential impacts to a project should be noted. Including pictures or video along with pertinent annotations is vital to provide a visual reference to the issue documentation.
• Issue Priority. When multiple issues need attention setting a priority of Low, Normal, or High will accurately present the hierarchy of which issues are most critical to impacting project success or need immediate resolution due to safety issues.
• Responsible Party. By assigning the person(s) responsible for resolving the issue (e.g., in the issue tracking system) provides accountability. The transparency of an issue tracking system allows for the responsible parties to be held accountable for completing tasks and keeping the project moving forward.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1046
2.. Methodology 2.5
Proposal
Capital Improvement Program (CIP) Programmatic Services • Due Date. The issue tracking system should provide the ability to set reminders for those tasks to ensure that due dates do not get missed which could jeopardize project closure dates. Setting reminders of due dates ensure that no tasks slip through the cracks! • Status. The visibility of issue status is essential for all project stakeholders to know if any progress is being made. If there are bottlenecks or further approvals needed, it is important that these items be documented and a plan of action created to resolve the issue.
Main benefits of an effective issues tracking system are:
• Lesser chance of delays; Enhanced operation visibility; More informed decision-making; Improved accountability; Prevents misunderstanding; Faster formulation of contingency plans; Improved accountability. Following is a snap shot of issues tracking documents on a recent project Transtech s managing.
The project status and issues are discussed at weekly meetings with involved parties. Following is a screen shot of weekly meeting for the same project.
EXAMPLE OF ISSUES TRACKING DOCUMENT - C BLOCK DESIGN-BUILD PARKING STRUCTURE, CITY OF ONTARIO SAMPLE SCREEN SHOT OF WEEKLY CONSTRUCTION MEETING ON LINE, PROJECT STATUS DISCUSSIONS AND REPORTING: DOCUMENT ON PROCORE DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1047
2.. Methodology 2.6
Proposal
Capital Improvement Program (CIP) Programmatic Services These weekly meetings also include review of 3-week look-ahead schedule. Following is a screen shot of weekly meeting for the same project discussing 3-week look-ahead schedule.
SAMPLE SCREEN SHOT OF LOOK AHEAD SCHEDULE UPDATE, WEEKLY CONSTRUCTION MEETING ONLINE: SCHEDULE ON PRIMAVERA DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1048
2.. Methodology 2.7
Proposal
Capital Improvement Program (CIP) Programmatic Services Project Schedules:
Transtech has a proven track record for completing projects on time. As part of our role as Project Managers is to develop, review, update and manage the project schedules and confirm that tasks are scheduled within reasonable and appropriate timeframes. We constantly review, monitor and update the schedule to confirm it is in compliance with the original schedule and that related coordination with external/3rd parties/regulatory agencies/utility companies, etc. are on track. If the look ahead schedule is not in compliance with the original schedule, we take appropriate actions to avoid potential delays. Our approach to Scheduling and Timely Completion of Project and Schedule Recovery includes having the contractor prepare a baseline schedule, which identifies the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans.
Below are samples of schedules we work with.
SAMPLE PROJECT SCHEDULES, WHICH INCLUDES PROJECT PROGRAMMING/PLANNING, DESIGN, CONSTRUCTION DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1049
2.. Methodology 2.8
Proposal
Capital Improvement Program (CIP) Programmatic Services SAMPLE OF CONSTRUCTION SCHEDULE-PRIMAVERA FOR A LARGE CONSTRUCTION PROJECT (WASHINGTON BL $38M)
SAMPLE CONSTRUCTION SCHEDULE (SINGLE NTP AND SINGLE MOVE-IN DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1050
2.. Methodology 2.9
Proposal
Capital Improvement Program (CIP) Programmatic Services
SAMPLE CONSTRUCTION SCHEDULE (MULTI NTP AND MULTI MOVE-IN SAMPLE 3-WEEK LOOK-AHEAD SCHEDULE
SAMPLE HOUR BY HOUR SCHEDULE FOR NIGHT-TIME
AND WEEKEND WORK
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1051
2.. Methodology 2.10
Proposal
Capital Improvement Program (CIP) Programmatic Services Following are sample schedules for DB (Design-Build) Projects:
Sample DB Delivery Schedule / Process
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1052
2.. Methodology 2.11
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1053
2.. Methodology 2.12
Proposal
Capital Improvement Program (CIP) Programmatic Services Sample DB Delivery Schedule / Design and Construction
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1054
2.. Methodology 2.13
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1055
2.. Methodology 2.14
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1056
2.. Methodology 2.15
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1057
2.. Methodology 2.16
Proposal
Capital Improvement Program (CIP) Programmatic Services
2. Provide QA/QC plan to ensure quality control for the duration of the project We believe that quality control is the setting of minimum standards and/or quality requirements for the specific project. Quality assurance is the means by which the quality control measures will be monitored and/or enforced. We also believe that quality control and quality assurance measures need to be developed jointly with the client. To effectively establish quality control measures, we must understand the County’s specific expectations and/or level of desired quality for the specific project. Once the expectations have been defined, and the quality control measures established, the quality assurance measures can be established. A significant part of establishing the quality assurance measures includes the timing of the measure. QC/QA can only be effective when the measures are applied and/or evaluated in a timely manner.
Depending on a project’s size, complexity and the owner’s requirements, Quality Management may include various elements:
1. Program Elements
o Policy and Procedures
o Goals and Objectives
o General Quality Management
o Roles and Responsibilities
o Approvals and Reviews
o Document Control
o Process Improvement
o Project-Specific Quality Management Plan
2. Preconstruction (some activities may not apply)
o Review of Plans and Specifications
o Quality standards
Review Requirements
Clarify Any Ambiguity
Samples or Mockups
o Constructability Reviews
o Documenting Existing Conditions
o Material Management
o Subcontractor factors
o Testing
3. Construction Operations
o Zero Defect Program
o Quality Assurance Administration
o Roles and Responsibilities
o Inspection and Testing Plan
o Quality Assurance(QA) Process
4. Closeout
o Closeout Procedures
As Builts
Punch List Work Management
o Systems Turnover Process
Startup
Testing of Systems
Training of Personnel
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1058
2.. Methodology 2.17
Proposal
Capital Improvement Program (CIP) Programmatic Services Documentation
O&M Manuals
o Final Acceptance
o Postconstruction, Warranties, Warranty Management
During construction, an effective Quality Assurance Program will ensure the materials and workmanship incorporated into project conform to the requirements of the contract plans and specifications including approved changes.
The main elements of a Quality Assurance Program are:
• Acceptance program
• Independent assurance program.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1059
Proposal Section 3
Key Personnel
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1060
3. Key Personnel 3.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
3. Key Personnel
This section of the proposal shall be formatted as follows:
1. Experience of key personnel
2. Responsibilities to be assigned
3. Amount of each individual’s time to be allocated
4. Subconsultant(s) to be used (if any)
5. Resumes of key personnel
6. Project organization chart
1. Experience of key personnel
Professional Licenses by Board for Professional Engineers, Land Surveyors, and Geologists Transtech Staff Members possess Professional Engineer Licenses in various engineering categories (i.e. Civil Traffic, etc.)
ICC Certifications:
Licenses and Certificates of the Firm and Staff Members in Diversified Fields:
Transtech staff members have extensive experience and in-depth knowledge of applicable codes and regulations. Our staff members are certified by the International Code Council (ICC). We have staff who have reached the highest possible level of code administration with the Master Code Professional designation certification from the ICC. In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies.
Following are various ICC certifications held by various staff members:
Building Official Certifications:
Certified Master Code Professional
Building Code Official
Building Official
Plan Check Certifications:
Residential Building Plans Examiner
Commercial Building Plans Examiner
California Building Plans Examiner
Certified Sustainability Professional
CalGreen Plans Examiner
Accessibility Plans Examiner
Commercial Energy Conservation Plans Examiner
Residential Plans Examiner
Mechanical Plans Examiner
Plumbing Plans Examiner
Electrical Plans Examiner
State of California Safety Assessment Program:
CalOES SAP Evaluator
Inspection Certifications:
Combination Inspector
Commercial Building Inspector
Residential Building Inspector
Accessibility Inspector
Commercial Energy Conservation Inspector
Electrical Inspector
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1061
3. Key Personnel 3.2
Proposal
Capital Improvement Program (CIP) Programmatic Services Commercial Electrical Inspector
Residential Electrical Inspector
Residential Energy Conservation Inspector
Residential Building Inspector
Residential Mechanical Inspector
Mechanical Inspector
Commercial Mechanical Inspector
Plumbing Inspector
CalGreen Inspector
Building Inspector CBC
Building Inspector UBC
Plumbing Inspector UPC
California Building Inspector
California Commercial Plumbing Inspector
California Residential Mechanical Inspector
California Residential Mechanical Inspector
Additional Inspection Certifications:
IAPMO Plumbing, Mechanical Inspector
Fire Code Inspector
Fire Inspector II
California UST Inspector
Permit Technician Certification: Permit Technician
CACEO Certified Code Enforcement Officer
California State Fire Marshall Certifications:
Certified EMT1 (AED Certification), Driver Operator 1A, Driver Operator 1B, Driver Operator, Command 1A, 1B, 2A, Firefighter 1, 2, Hazardous Materials First Responder, Instructor 1A, 1B, Investigation, 1A, Management, 1, Prevention, 1A, 1B, 1C, 1D, 2A, 3A,3B, ICS 100, 200, S-290, S-130, S-190, PC832 with Firearms.
Fire control 3, S-230 S-231 S-215, Fire Safety Officer
FEMA: IS 100, 200, 241, 242, 275, 700, 288, 800, 08-A, 1900 Also, our plan check engineers, who review maps and engineering plans are licensed as professional engineer by the State of California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG). In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies.
Our staff members are involved in many local and national International Code Council (ICC) and California Building Officials (CALBO) committees, and are involved in the development of local and national guidelines and codes for Building and Safety:
• Chair; ICC Sustainability Membership Council
• Chair; ICC LA Basin Chapter Inspection Committee
• Commissioner; ICC Codes & Standards Council
• Commissioner; CALBO Green Committee
• Commissioner; ICC/CALBO CA Exam Committee
• Commissioner; CALBO Outreach/Communications
Committee
• ICC Los Angeles Basin Chapter Board of Directors
• ICC Building Officials Membership Governing Council
• ICC Code Development Committee Vice Chair
• ICC Technology/Web Advisory Group
• IAS Accreditation Committee
• ICC LA Chapter Accessibility Committee
• Commissioner; CALBO State Licensing Boards Committee
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1062
3. Key Personnel 3.3
Proposal
Capital Improvement Program (CIP) Programmatic Services
2. Responsibilities to be assigned
As shown in Section ”6. Project Organization Chart” responsibilities to be assigned are structured in following main responsibility categories:
Main Responsibility
Category Name
Contract
Principal Ahmad Ansari, PE
Principal/Supervising
Program Manager Okan Demirci. PE, QSD, QSP
SR. LEVEL
PROGRAM
MANAGEMENT AND
TECHNICAL SUPPORT
STAFF
Azita Fakoorbayat, PE
Sr. Engineer/Project Manager
John Oskoui, PE
Sr. Engineer/Project Manager
Michael Ackerman, PE, QSD, QSP, QISP
Sr. Engineer/Project Manager
Ziad Y. Mazboudi, PE, QSD, QSP, CPSWQ
Sr. Engineer/Project Manager
Carlos A. Pineda, PE, QSD, QSP, LEED
Sr. Engineer/Project Manager
Mohammad Mostahkami, PE
Sr. Engineer/Project Manager
David Ragland, PE, PLS, QSD, QSP
Sr. Engineer
Technical Review Support for Engineering Projects
Norman Caesar M. Baculinao, PE, TE
Sr. Engineer
Technical Review Support for Traffic Signal Systems Projects Bahman Janka, TE
Sr. Traffic Engineer
Technical Review Support for Traffic and Transportation Eng/Planning Projects Jeffrey Kao, PE, CBO, CASp
Sr. Engineer
Technical Review Support for ADA Projects/Compliance
Dennis Tarango, CBO, CSP
ICC Building Official
Technical Review Support for Vertical Projects
Michael Roberts, CBO, MCP
ICC Building Official
Technical Review Support for Vertical Projects
LOWER TEAR
PROGRAM
MANAGEMENT AND
TECHNICAL SUPPORT
STAFF
Ivan Daza, EIT
Associate Engineer
Project Management/RE/Office Engineering Support
Brian Cervantes
Associate Engineer
Project Management/RE/Office Engineering Support
Leonardo Martinez
Associate Engineer
Project Management/RE/Office Engineering Support
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1063
3. Key Personnel 3.4
Proposal
Capital Improvement Program (CIP) Programmatic Services Anthony Bendezu
Associate Engineer
Project Management/RE/Office Engineering Support
Furkan. Cetinkale
Associate Engineer
Project Management/RE/Office Engineering Support
Craig M. Wheeler
Sr. Construction Manager/Inspector
Field Review Support
Jeffrey Hirsh
Sr. Construction Manager/Inspector
Field Review Support
Robert Garcia
Sr. Inspector
Field Review Support
James Pagani, DSA Certified Accessibility Specialist, CHST Sr. Inspector
Field Review Support
QC/QA
OVERSIGHT STAFF
Ali Cayir, PE
Principal
Principal, PM/QC/QA Support
Mohammad Pasebani, PE
Sr. Engineer
LAPM Compliance PM/QC/QA Oversight
Ali F. Zaghari, PE, PMP
Sr. Engineer
Caltrans Involved Projects Coordination PM/QC/QA Support/Oversight Craig Melicher, PE
Vice President
PM/QC/QA Support
Please see ”5. Resumes of key personnel” for qualifications of above staff.
Transtech has a qualified team with large pool of well experienced in-house staff readily available with diversified and extensive expertise, and will be able to respond to service requests and mobilize our resources quickly. As demonstrated in our proposal, our team has a high level of experience and capability to provide the services with proactive leadership and good planning and management practices. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel.
3. Amount of each individual’s time to be allocated
The RFP states:
Budget/Fee- Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of program management services throughout the term of the agreement.
However, the City reserves the right to reduce allocated hours as need due to the City’s needs.
As required in the RFP, we provided an estimated time and budget allocation in Proposal Section 6. Budget / Fee.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1064
3. Key Personnel 3.5
Proposal
Capital Improvement Program (CIP) Programmatic Services
4. Subconsultant(s) to be used (if any)
Transtech has in-house staff to provide Program Management Services.
In addition, our team includes specialty subconsultants to complement our team and services, and provide technical specialty support if/when needed:
• Funding / Labor Compliance Support: AVANT GARDE, Inc. (DBE/WBE Firm); www.agi.com.co:Established 15 years ago, Avant-Garde is a progressive full-service public agency firm. The firm is working with various programs and projects throughout the entirety of Southern California, including counties of Los Angeles, Riverside, Orange, and San Bernardino. Transtech works with Avant-Garde exclusively in many Cities for the administration of Fed Funds and Labor Compliance. Transtech has worked with this subconsultant before. • Geotechnical Reports Review Support: GEO-ADVANTEC, Inc. www.geoadvantec.com : Geo-Advantec offers comprehensive services in various areas from site feasibility evaluation thought project completion for a wide range of projects and services, which include: Geotechnical Eng.; Eng. Geology; Geotechnical Earthquake Eng.; Geotechnical Instrumentation; Pavement Eng.; Forensic Geotechnical Eng.; Grading Monitoring and Field Testing; Soils & Materials Laboratory Testing; Special Inspection Services. Geo-Advantec owns a certified laboratory accredited by AMRL (ASSHTO Materials Reference Laboratory), in conformity to the requirements of the AASHTO Accreditation Program (AAP), AASHTO R-18, ASTM D3740 and ASTM E329; CCRL (Cement and Concrete Reference Laboratory); Caltrans; DSA (the Department of the State Architects); Army Corp of Engineers. Transtech has worked with this subconsultant before. • Landscape Architecture Review Support: LOSTWEST LANDSCAPE, Inc. www.lostwest.com : For over 30 years, Lost West has provided landscape architecture and construction services to a multitude of clients, including public agencies, developers, and institutions. Transtech has worked with this subconsultant before. • Environmental Review Support: IMPACT SCIENCES, Inc. (DBE/WBE Firm); www.impactsciences.com Impact Sciences, a California “S” corporation, certified woman-owned business enterprise (WBE), certified Small Business Enterprise (SBE), and certified Disadvantaged Business Enterprise (DBE), has been preparing environmental documentation since 1988. Founded in Thousand Oaks, California, Impact Sciences has offices strategically located throughout California to provide the strongest support for all public- and private-sector clients. Transtech has worked with this subconsultant before. Transtech has worked with this subconsultant before. • Haz-Mat Reports Review Support: PROPERTY HEALTH, Inc.; www.mypropertyhealth.com Property Health, Inc. (formerly CITY Services, Inc.) has long been a leader in its field, recognized throughout California for its excellent client service, reliability, and effectiveness in the following areas:
o Toxic Materials Identification Surveys
o Asbestos Consulting Services
o Lead-based paint (LBP) identification and consulting
o Indoor air quality (IAQ) consulting services / Microbial Investigations o Hazardous Material Abatement management
o Regulatory Compliance Audits & Abatement Oversight
o Phase I & II Environmental Site Assessments & Investigations o Underground Storage Tank identification, remediation, & regulatory compliance Transtech has worked with this subconsultant before.
5. Resumes of key personnel
AHMAD ANSARI, PE, Contract Principal
Education
• BS in Engineering, MBA
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Ansari has over 30 years of past experience in City and County Public Works and has worked at several municipalities in Southern California, including:
• City of Moreno Valley- Public Works Director/City Engineer • City of Rialto- Public Works Director/City Engineer
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3. Key Personnel 3.6
Proposal
Capital Improvement Program (CIP) Programmatic Services • City of Perris- Public Works Director
• City of Pomona- Deputy Public Works Director/Assistant City Engineer.
He has managed CIP Programs and Public Works Operations, and served as the responsible in charge of numerous multi-disciplinary teams, including:
• Capital Improvement Program project management and delivery • Real Property/Right of Way acquisition and management • Traffic and Transportation engineering
• Private Development/Entitlement process review and approval • Maintenance and Operations including roads, storm drains, sewers, parks, facilities, traffic signals, signs/striping, fleet
• Special Districts, Landscape/Lighting Assessment
• Electric Utility
OKAN DEMIRCI, PE, QSD, QSP, MBA, Principal/Supervising Program Manager Education
• BS in Engineering
Registrations/Certifications
• Registered Civil Engineer
• Caltrans Resident Engineer Academy
Highlights
Mr. Demirci has approximately 12 years of experience. Mr. Demirci serves as Assistant Public Works Director, City Engineer, CIP Program Manager at Transtech’s Contract Cities and provides technical and management support. Mr. Demirci completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). Mr. Demirci works as CIP Program Manager at various Transtech’s Contract Cities, and manages various capital improvement programs including state and federal funded programs.
Mr. Demirci’s experience also includes working as Resident Engineer, Project Manager and Construction Manager on various projects (including federal and state funded projects). He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Examples of his project experience includes:
• City of Chino, CIP Program Manager
• City of South El Monte, CIP Program Manager
• City of Monterey Park, CIP Program Manager
• City of Commerce, CIP Program Manager
• City of Temple City, CIP Program Manager
• City of Cudahy, CIP Program Manager
MOHAMMAD PASEBANI, PE, Sr. Engineer, LAPM Compliance PM/QC/QA Oversight Education
• MS, in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Pasebani has over 35 years of experience. Before retiring approximately 3 years ago, his career path included a number of positions in Caltrans, with last position being Senior Transportation Engineer , responsible for oversight of Federally Funded projects in Varying number of agencies in the counties of Los Angeles, Ventura and San Bernardino. He also provided instruction at various Resident Engineer Academies and Seminars/Workshops designed for Local agencies. • 2013-2020 Cal Trans HeadQuarters
o Senior Construction Oversight Engineer on Federally Funded projects in Los Angeles, Ventura and San Bernardino Counties
o On interim Basis, acted as the office chief for the office of Project Development and Quality Assurance in 2016
o Conducted construction administration Reviews of over 300 Projects, Conducted agency specific training workshops instructor at the Local Agency Resident Engineer Academy.
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3. Key Personnel 3.7
Proposal
Capital Improvement Program (CIP) Programmatic Services • 2012, Dist 07, Los Angeles and Ventura Counties
o Senior Construction Claims Manager for District 07 ( Los Angeles and Ventura Counties) • 2010-2012, Cal Trans Headquarter
o Senior Construction Oversight Engineer
o In collaboration with the Federal Highway Administration, provided Construction Oversight, Reviews and training for the projects funded by the American Recovery Act. • 2000-2010, Dist 07, Los Angeles and Ventura Counties
o Senior Area Construction Engineer for Interstate 5 ( Magic Mountain to the County line), Hwy 126 (LA County Segment), Hwy 14 ( LA to San Bernardino County line), Lancaster, Valencia, Palmdale. o Senior engineer on over 50 major projects, the most high profile being post flood and landslide Restoration of Interstate 5 at The Templin Hwy.
• 1995-2000, Dist 07, Los Angeles and Ventura Counties
o Resident Engineer in various projects , expanding from South Central Los Angeles to the South Bay area, including completion of Double Decker HOV projects at 110 and Various Metro Transit Stations.
• 1994, Dist 07, Los Angeles and Ventura Counties
o Principal assistant resident engineer in Post-Earthquake Restoration of freeway 10 , at Fairfax and La Cienega segments.
o Principal assistant resident engineer in completion phase and opening of freeway 105, El Segundo to Crenshaw segment.
• 1998-1994,Dist 07, Los Angeles and Ventura Counties
o Assistant resident engineer in various freeway 105 projects. • 1984-1988, Dist 07, Los Angeles and Ventura Counties
o Engineer in training, Material's Engineer, and Soil's Technician ALI F. ZAGHARI, PE, PMP, Sr. Engineer, Caltrans Involved Projects Coordination PM/QC/QA Support/Oversight Education
• MS, BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Zaghari has over 35 years of experience in Transportation Management & Operations at various capacities in the California Department of Transportation (Caltrans).
His career path includes a number of key managerial positions in Caltrans leading to his last position as the Deputy District Director (DDD) for Traffic Operations at Caltrans District 7 in Los Angeles. As a member of District 7 Executive Team, Mr. Zaghari was responsible for policy, development and implementation of the traffic operations assets and the safe mobility of all users of the State Highway System (SHS) consisting of approximately 1500 center miles of freeways and conventional highways in Los Angeles and Ventura counties. He managed an operating budget of approximately $70M encompassing both operations management and capital outlay support needs. The organization under his leadership included critical functions such as Intelligent Transportation Systems (ITS), Traffic Design, District Traffic Manager (DTM), Corridor Management, System Performance, and Encroachment Permits.
AZITA FAKOORBAYAT, PE, Sr. Engineer/Project Manager
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Ms. Fakoorbayat has over 25 years of experience. She has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
Ms. Fakoorbayat’s experience includes working at public agencies, as well as in private consulting.
Recent Experience with Transtech’s contract Cities:
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3. Key Personnel 3.8
Proposal
Capital Improvement Program (CIP) Programmatic Services Contract CIP Project Manager, City of Chino: As contract CIP Project Manager, coordinate various CIP projects throughout project design phase, including concrete, asphalt, storm drain, sewer, water, grading, traffic signal, accessibility. Conduct design review, PS&E review, constructability and biddability review, and manage design phase of various CIP projects, and manage and coordinate various CIP projects with various design engineers to ensure project design phases are completed within time and budget, and proceed with construction.
Public Agency Experience:
• Principal Engineer, City of Costa Mesa, CA
• As Principal Engineer, perform a broad range of highly complex and professional • Civil Engineer I, Pierce County Public Works Utilities and Transportation • Services, Design Section, Tacoma, WA
• Assistant City Engineer, City of Sumner, Sumner, WA
Private Consulting Experience:
• Senior Project Manager, Afb Group, Laguna Niguel, Ca
• Senior Project Manager, Berryman & Henigar, Santa Ana, Ca • Project Manager, CNC Engineering, Newport Beach, Ca
• Senior Design Engineer/ Project Manager, Harding Lawson Associates Group Inc., Bellevue, Wa JOHN OSKOUI, PE, Sr. Engineer/Project Manager
Education
• MS, Structural Engineering, Cal-State Fullerton
• BS Civil Engineering, University of North Carolina
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Oskoui, has over 35 years of past experience in City and County Public Works and has worked at several public agencies in Southern California:
• City of Downey – Assistant City Manager and Public Works Director • Anaheim Union HS District – Director of Planning, Design and Construction • Advanced Applied Engineering – Vice President of City Services • Long Beach Unified School District – Director of Maintenance and Work Control • City of Lynwood – Engineer/Assistant PW Dir/Director of Facilities At Transtech. Mr. Oskoui serves as one of the Sr. Staff members in Transtech’s Municipal Services Team and manages various Capital Improvements Projects.
Mr. Oskoui has a broad knowledge of local government operations, including implementation of broad policy goals and strategic programs, and development and implementation of innovative and efficient service delivery models, He has successfully administered and managed complex construction programs including utilization of alternative project delivery methods. Mr. Oskoui is well versed in public outreach and interaction with citizenry groups, committees and stakeholders. Mr. Oskoui has excellent working relationship and rapport with regional and sub-regional governmental/regulatory agencies.
Mr. Oskoui’s experience includes working at public agencies, as well as in private consulting. • Assistant City Manager, City of Downey, CA, December 2011- September 2022 • Director of Public Works. City of Downey, CA. July 2010- February 2015 • Director of Planning, Des, Constr. Anaheim Union High School District, CA, July 2007- July 2010 • Vice President of City Services, Advanced Applied Engineering, Brea, CA, July 2004- July 2007 • Director of Maintenance, Long Beach Unified School District, Long Beach, CA, July 1997- July 2004 • Engineer/Assistant PW Dir/Director of Facilities, City of Lynwood, CA, August 1985- July 1997 MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer/Project Manager Education
• BS in Engineering
Registrations/Certifications
• RE Academy, Caltrans
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3. Key Personnel 3.9
Proposal
Capital Improvement Program (CIP) Programmatic Services • Water Pollution Control Compliance on Construction Sites for RE, Caltrans • Construction Program Management Workshop, FHWA
• Field Office Procedures Course, Caltrans
• California Work Zone Inspection – High Speed, Caltrans • Asphalt Concrete Inspection and Rehabilitation Strategies, Caltrans Highlights
Mr. Ackerman has over 20 years of experience. At Transtech, he has been working as a Sr. Engineer at various Transtech City Engineering Contracts. He has served at various Cities under Transtech’s City Engineering Contracts, including Temple City, Huntington Park, and Alhambra. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
Mr. Ackerman’s experience also includes working at Caltrans and other agencies:
o Caltrans District 8: Mr. Ackerman was a civil transportation engineer for Caltrans District 8 where he was involved in the design and construction of various projects. • City of San Bernardino: Mr. Ackerman was involved in various projects, including Development Review and Plan Check, Design and Project Management.
• City of Huntington Park: Mr. Ackerman worked as contract City Engineer under Transtech’s municipal services contract and later as City Engineer and Interim Director of Public Works under the City.
ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, Sr. Engineer/Project Manager Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer, QSD, QSP, CPSWQ, CPESC, LEED AP Highlights
Mr. Mazboudi has 34 years of progressively responsible, diversified experience in public works, engineering, utilities, development engineering, facilities maintenance, sustainability, environmental programs and project management in both the public and private sector, supported by a strong educational background in civil engineering, geographic information systems, water quality/urban runoff, and environmental programs. His experience includes:
• City of San Clemente - PW Department, Deputy Director/Engineering • City of San Juan Capistrano - PW/Utilities Department, Senior Civil Engineer • City of Westminster - PW Department, Associate Civil Engineer/Development Engineer • City of La Habra - PW Department, Assistant Civil Engineer.
Special International Projects:
• US Green Building Council (www.usgbc.org), Egyptian Green Building Council (EGBC) Represented the US Green Building Council, to assist in the formation of the EGBC. Provided lectures on the role of government in Green Building and on the US Green Building Program, LEED. • USAID International Development Agency (www.usaid.gov), In partnership with USAID and ICMA Kingdom of Jordan Commercial/Industrial Environmental Audit In partnership with USAID and ICMA, developed a training manual for the audit of commercial and industrial facilities in Jordan.
CARLOS A. PINEDA, PE, QSD, QSP, LEED, Sr. Engineer/Project Manager Education
• BS in Civil Engineering,
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Pineda has over 30 years of experience in civil engineering and project management. He has extensive experience working for both private and public sectors. He has participated on numerous multi-disciplinary teams dealing with the planning and development of civil and traffic engineering, urban and rural development, and public works projects. He has served as Principal Project Manager for a variety of projects.
Public works design experience covers a wide variety of projects, including the improvement of major arterials, secondary highways and collectors, flood control and drainage projects, water and wastewater projects, ADA retrofit, and safe routes to school projects. He has a good understanding and DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1069
3. Key Personnel 3.10
Proposal
Capital Improvement Program (CIP) Programmatic Services knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
Private sector design experience covers a wide range of projects including residential master planned communities and “in tract” residential improvements. In-tract residential improvements included the design and construction of domestic and reclaimed water infrastructure to serve the new developments.
MOHAMMAD MOSTAHKAMI, PE, Sr. Engineer/Project Manager
Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil Engineer
Highlights
Mr. Mostahkami has over 35 years of experience. His experience includes working for various Public Agencies as Public Works Director, City Engineer, Project Engineer, Plan Checker, Designer, including for the Cities of:
• Downey, PW Director
• South Gate, PW Director, City Engineer,
• Arcadia, Civil Engineer.
DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer, Technical Review Support for Engineering Projects Education
• Humboldt State University, CA, Bachelor of Science
Registrations/Certifications
• Registered Civil Engineer
• Licensed Land Surveyor
Highlights
Mr. Ragland is a civil engineer and land surveyor has over 30 years of diverse experience in a wide variety of projects in civil engineering. He has managed numerous multi-disciplinary teams dealing with the planning, engineering, entitlement, environmental permitting, development and construction of urban and rural development, and public works projects. His experience also includes special emphasis on complex grading and hillside developments (has worked on the civil engineering and development of more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility analysis, through conceptual planning and design to entitlement and construction.
NORMAN CAESAR M. BACULINAO, PE, TE, Sr. Engineer, Technical Review Support for Traffic Signal Systems Projects Education
• BS in Civil Engineering
Registrations/Certifications
• Registered Civil and Traffic Engineer
Highlights
Mr. Baculinao has 30 years of experience in Traffic Engineering. He has strong Traffic Signal System Operation experience, including Traffic Management Centers or TMC. He is technology oriented and has extensive working knowledge of new (Intelligent Transportation System) ITS standards, the System Engineering Process; Traffic Signal System Integration, Video Detection, CCTV systems, twisted pair communication system, fiber optic cables, Ethernet, Light Emitting Diode (LED) signals, Red Light Camera Systems, etc.
His experience includes:
• County of Ventura, California: Traffic Engineering Manager • City of Pasadena, California: Traffic Engineering Manager • City of Santa Clarita, California: Associate Traffic Engineer • City of Stockton, California: Assistant Traffic Engineer • City of Roseville, California: Assistant Traffic Engineer BAHMAN JANKA, TE, Sr. Traffic Engineer, Technical Review Support for Traffic and Transportation Eng/Planning Projects Education
• MS, BS in Civil Engineering
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3. Key Personnel 3.11
Proposal
Capital Improvement Program (CIP) Programmatic Services Registrations/Certifications
• Registered Traffic Engineer
Highlights
Mr. Janka has over 35 years of experience in Traffic Engineering and Transportation Planning.
He has served as City Traffic Engineer and Transportation Director for public agencies, including:
• City of Pasadena, California: Transportation Administrator • City of Santa Clarita, California: City Traffic Engineer • City of Fremont, California: Associate Transportation Engineer • City of Palo Alto, California: Associate Transportation Engineer • Entranco Engineers, Bellevue, Washington: Transportation Engineer.
JEFFREY KAO, PE, CBO, CASp, Sr. Engineer, Technical Review Support for ADA Projects/Compliance Education
• MS, BS Civil Engineering, Cal Poly
Registrations/Certifications
• Registered Civil Engineer; CASp
• ICC Certified Building Official, California Building Plans Examiner, CalGreen Inspector, CalGreen Plans Examiner, Mechanical Plans Examiner, Plumbing Plans Examiner, Building Inspector Highlights
Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On-Site Over the Counter Plans Examiner and performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, South Pasadena, and Temple City. Mr. Kao has broad knowledge of building and safety operations, including working in the capacity of Deputy Building Official and Plans Examiner. His past experience includes working as a structural engineer for 4 years at a structural design firm.
DENNIS TARANGO, CBO, CSP, ICC Building Official, Technical Review Support for Vertical Projects Education
• Cal Poly, Engineering
• Fresno State BA
• Rio Hondo College
Registrations/Certifications
• ICC Certified Building Official, Plans Examiner, Commercial Building Inspector, Building Inspector UBC, Fire Plans Examiner
Highlights
• ICC Sustainability Membership Council Governing Committee Mr. Tarango has over 20 years of experience in the building and safety. He is experienced in managing building and safety departments of different municipalities. Currently he is serving as Building Official for Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for the Building and Safety Division as well as business development, client relations, and management oversight. With his analytical and strategic management skills, he provides strong leadership and develops staff to enhance the Departments abilities. Prior to working for Transtech, Mr. Tarango served as Deputy Building Official, Plans Examiner, and Senior Building Inspector for various local cities including the City of Diamond Bar, City of Yorba Linda, and City of Hemet.
MICHAEL ROBERTS, CBO, MCP, ICC Building Official, Technical Review Support for Vertical Projects Education
• Associate of Applied Science, Building Inspection Technology – Chemeketa Community College, Salem Oregon
• Fire Code Administration, National Fire Academy – Emmitsburg, Maryland Registrations/Certifications
• ICC Certified Master Code Professional, Building Code Official, Building Official, Plumbing Inspector, Combination Inspector, Commercial Building Inspector, Accessibility Plans Examiner / Inspector, Commercial Energy Conservation Plans Examiner, Commercial Energy Conservation Inspector, Electrical Inspector, Commercial Electrical Inspector, Residential Electrical Inspector, Residential Energy Conservation Inspector, Residential Building Inspector, Residential Mechanical Inspector, Residential Plans Examiner, Mechanical Inspector, Commercial Mechanical Inspector, Fire Code Inspector, Fire Inspector II
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3. Key Personnel 3.12
Proposal
Capital Improvement Program (CIP) Programmatic Services • ICBO Certified Structural Inspector, Plumbing Inspector, Mechanical Inspector, Building Plans Examiner, Fire Code Official
Highlights
Mr. Roberts has over 30 years of experience in municipalities, including governmental development administration. He has reached the highest possible level of code administration with the Master Code Professional designation certification from the International Code Council and has proven superior leadership abilities. He has served as Building Official, Community Development Director, Senior Plans Examiner, Plans/Residential Examiner, and Inspector for various municipalities and served as Principal Consultant. Serving as a Building Official for many years, Mr. Roberts provided the necessary code interpretations, and coordinated with agency staff and departments, and applicants on building and safety related issues. He has vast knowledge of municipal government operations, including preparation and presentation of staff reports and resolutions to city councils, committees, and related interaction with members of the public, other city departments, and other governmental agencies.
IVAN DAZA, EIT, Associate Engineer, Project Management/RE/Office Engineering Support Education
• B.S Civil Engineering, Cal State Long Beach
Registrations/Certifications
• Cal OSHA 10-hour
Highlights
Mr. Daza has approx. 3 years of experience and provides office engineering support to various Cities under Transtech’s Municipal Services Contracts in support of managing Capital Improvements Projects.
His experience includes CIP management support, coordination with City Departments, Utility Companies, Caltrans, other Regulatory Agencies, Developers, Consultants, Contractors, and overall management and coordination support for a variety of projects from design through plan review and approvals and construction. He also serves as Office Engineer on construction projects and assists Resident Engineers and Construction Managers with contract administration, document control, contract compliance. Mr. Daza also worked as a construction estimator for a construction company.
Part of his responsibilities included reviewing bid documents, plans and specifications, preparing plan take-off quantities, and preparing bid estimates.
BRIAN CERVANTES, Associate Engineer, Project Management/RE/Office Engineering Support Education
• B.S Civil Engineering, Cal Poly Pomona
Highlights
Mr. Cervantes has approximately 1 year of experience in Public Works Engineering, and Transportation and Traffic Engineering. He works in the Public Works Department/City Engineering at Transtech’s client Cities assisting City Engineers and Public Works Directors. He also serves as Office Engineer on construction projects and assists Resident Engineers and Construction Managers with contract administration, document control, contract compliance. He also assists at the public works permit counter and in permit issuance.
LEONARDO MARTINEZ, Associate Engineer, Project Management/RE/Office Engineering Support Education
• B.S Civil Engineering, Cal Poly Pomona
• Associate of Science in Engineering, Cerritos College Highlights
Mr. Martinez has approximately 3 years of experience He works at various Cities under Transtech’s Municipal Services Contracts in support of Transtech’s City Engineers, Project Managers and Construction Managers. His experience includes CIP management support, Inspection support, coordination with City Departments, Utility Companies, Caltrans, other Regulatory Agencies, Developers, Consultants, Contractors, and overall management and coordination support for a variety projects from design thru plan review and approvals and construction.
ANTHONY BENDEZU, Associate Engineer, Project Management/RE/Office Engineering Support Education
• B.S Civil Engineering, Cal Poly Pomona
Highlights
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3. Key Personnel 3.13
Proposal
Capital Improvement Program (CIP) Programmatic Services Mr. Bendezu has approximately 5 years of experience. As an Associate Engineer, he works at various Cities under Transtech’s Municipal Services Contracts in support of Transtech’s City Engineers, Project Managers and Construction Managers. His experience includes CIP management support, coordination with City Departments, Utility Companies, Caltrans, other Regulatory Agencies, Developers, Consultants, Contractors, and overall management and coordination support for a variety projects from design thru plan review and approvals and construction. Mr. Bendezu completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM).
FURKAN. CETINKALE, Associate Engineer, Project Management/RE/Office Engineering Support Education
• BS, Cal Poly Pomona, Industrial Engineering
• MS, Cal Poly Pomona, Engineering Management
Highlights
Mr. Cetinkale has approximately 7 years of experience in the construction. He has extensive experience in all phases of projects, including planning/development, entitlement and permitting bidding, construction, close-out, full-life cycle, project workflow, operations/systems development, scheduling, cost and budget control, contract negotiations, change order management, bid preparation, safety.
He has worked in the capacity of Construction Manager, Project Manager, Owner Representative, Office Engineer for consulting firms. In these capacities, he has been involved in a wide variety of private healthcare projects in OSHPD 1 & 3 categories. The projects include, but not limited to, construction of new buildings, seismic upgrades, medical equipment replacement, medical office build-outs, TI improvements , site development, etc. The type of buildings include hospitals, outpatient clinics, digital imaging centers various other projects. He has managed a variety of healthcare projects, ranging from $50K to over $85 million in budget, which involved coordination, processing and approvals by Planning, Engineering and Building Departments of Local Agencies/Municipalities; California Department of Public Health (CDPH); California Office of Statewide Health Planning and Development (OSHPD) [OSHPD became the Department of Health Care Access and Information (HCAI); Occupational Safety and Health Administration (OSHA).
CRAIG M. WHEELER, Sr. Construction Manager/Inspector, Field Review Support Education
• BA
Registrations/Certifications
• NASSCO-Certified Inspector (Pipeline, Lateral and Manhole Assessments) • Licensed A General Eng. Contractor
Highlights
Mr. Wheeler has more than 30 years of experience in engineering and construction in both the public and private sectors. He has provided project management and inspection services on a wide variety of public works projects. His experience includes pavement rehab, ADA, sidewalk, curb&gutter, grading, wet and dry utilities, roadway reconstruction and resurfacing, bridge construction and rehabilitation, water and sewer lines, RCP or RCB storm drains, pump stations, booster pump stations, street lights, traffic signals-new and upgrade/modifications, parks, parking lots, structures and other related types of projects. As a project manager and construction inspector, Mr. Wheeler’s responsibilities include site observation and construction quality assurance and control, ensuring general site safety, preparing daily reports, photo documentation, monitoring SWPPP and BMP implementation, providing daily updates to the City project manager, providing recommendations and responses for contractor RFIs, assisting with submittal and shop drawing reviews, tracking quantities, and conducting progress payment reviews. He has inspected projects that are funded with State and Federal Funds and is familiar Caltrans LAPM for Contract Administration.
Following are examples of projects where Mr. Wheeler served as the Project Inspector and provided onsite CM Support:
• 2019 Residential and Arterial Pavement Improvement, I-159/I-139; City of Torrance • Public Works Inspection (Staff Augmentation); City of Newport Beach • Alicia Parkway Rehabilitation; City of Aliso Viejo
• FY 2017-18 Street Rehabilitation; City of La Habra Heights • Beltway Operational Improvements; Caltrans | Bakersfield DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1073
3. Key Personnel 3.14
Proposal
Capital Improvement Program (CIP) Programmatic Services • University Drive Widening (Campus to MacArthur); City of Irvine • The Tracks at Brea – Segment No. 4; City of Brea
• CDBG Asphalt Repairs and Asphalt Overlays FY 2017; City of Mission Viejo • Annual Pavement Preservation Program FY 2018-19 and 2015-16; City of Yorba Linda • FY 2015-2016 Annual Citywide Sidewalk Repairs; City of Santa Monica • Manhattan Beach Water Line and Street Improvements; City of Manhattan Beach • Harbor Boulevard Median and LS Improvements; City of Costa Mesa • Citywide Sewer Repairs; City of West Hollywood
• Emergency Storm Drain Repair; City of Torrance
• Concrete Repair Program, Phase VI (CDBG); City of West Hollywood • Bedford Canyon Road Realignment; City of Corona
• Ontario Avenue Median Improvements; City of Corona
• SR-60/Market Street Improvements; City of Riverside
• Rimpau Park; City of Corona
• LAX Terminal Fuel Access Transmission Line Installation and Taxiway Paving Improvements JEFFREY HIRSH, Sr. Construction Manager/Inspector, Field Review Support Education
• SDSU, College Level Classes
Registrations/Certifications
• Cal OSHA 10 hour construction certified
• Construction Site Storm Water Training
Highlights
Jeffrey Hirsh has approximately 25 years of experience in general engineering/public works and building construction projects. He has worked in the capacity of foreman, site superintendent and project manager. In these capacities, he has been involved in a wide variety of private and public works construction projects in Type A (General Engineering) and Type B (Building) construction. He has knowledge of standards and procedures for public agencies, including the Green Book, Caltrans, and has extensive experience in traffic control, safety and OSHA compliance requirements. Mr. Hirsh also has experience in inspecting federally funded projects to ensure compliance with the Caltrans LAPM.
Following are examples of projects where Mr. Wheeler served as the Project Inspector and provided onsite CM Support:
• Washington Boulevard Widening and Reconstruction Project (Federally Funded), City of Commerce • Temple City HSIP Project, Traffic Signal Imp and Pavement Rehab (Federally Funded), City of Temple City
• City-Wide Annual Street Rehab Project, City of Commerce • La Ballona Safe Routes to School (Federally Funded), City of Culver City • Uptown Parking Structure, City of Whittier
• Garvey Park Facility Improvements
• Lugo Park Artificial Turf Soccer-Field and Park Project in the City of Cudahy • Metrolink Station Improvements, City of Commerce
Jeffrey’s prior experience includes:
2013-2014, PSBI Parking Structure Construction
• Sr. Superintendent Construction of a 6-level parking structure for the City of Alhambra. 1995-2013, Harwood Homes, Inc.
• Vice President - Construction/Forward Planning Managed 35 Development Projects - SFR/MultiUnit/Commercial • Raw land development through onsite construction, including final and post occupancy. Supervised all aspects of planning, development and construction processes. • Responsible for construction of 2000+ single family homes. • Responsible for construction of 850+ attached units.
• Successfully developed and completed multiple commercial project sites including strip centers and a large, automated car wash facility.
• Supervised 20+ Construction Superintendents.
• Compliance Management for all codes, conditions and ordinances. 1992-1995, Overland Company
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1074
3. Key Personnel 3.15
Proposal
Capital Improvement Program (CIP) Programmatic Services • Site Superintendent – SFR Tract Home Development
1985-1992, Cambridge Development
• Site Superintendent/Assistant Superintendent
ROBERT GARCIA, Sr. Inspector, Field Review Support
Education
• California State University, Los Angeles, Continuing Education/Public Works Construction Inspection Course
• California State University, Sacramento, Water Program/Operation and Maintenance of Wastewater Collection Systems
Highlights
Mr. Garcia has approximately 30 years of experience, of which 20 years has been working as the City Public Works Inspector for the City of Palmdale. His experience includes inspecting of all types of public works construction project: roadway construction, pavement rehabilitation, signals, grading, storm drains, sewer mains, concrete structures, sidewalks, and gutters. He also worked on county, state and federal funded projects. Mr. Garcia provided public works inspection services to the following Transtech client Cities: City of Hesperia, Public Works Inspector; City of Commerce, Public Works Inspector.
JAMES PAGANI, DSA Certified Accessibility Specialist, CHST, Sr. Inspector, Field Review Support Education
• BA, Goucher College
Registrations/Certifications
• BCSP Constr. Health and Safety Technician
• CPR/First Aid/AED Certified
• CalOES SAP Evaluator
• DSA Certified Accessibility Specialist
• FEMA Training: IS-3, IS-100.PWb, IS-200.b, IS-325, IS-552, IS-556, IS-700.a, IS-800.a, IS-803, IS-806, IS-809, IS907 • ICC: Building, Electrical, Mechanical, Plumbing
• OSHA 30 Hour Trained
Highlights
Mr. Pagani has approximately 15 years of experience in public works construction management and inspection. Mr. Pagani has thorough knowledge and understanding of construction both on the jobsite and in the office, experience working with the various trades, designers, and managers of many different types of projects.
Examples of his project experience as Public Works Inspector/Construction Manager includes:
• City of Rialto, Public Works Encroachment Permit Inspections • City of South El Monte, Public Works Encroachment Permit Inspections • Primrose Park Improvements, City of Temple City
• FY 20/21 Pavement Rehab, City of West Covina
Previous Experience -Koury Engineering, Combination Inspector:
• Provide AHJ and QA/QC inspection services on LA County Public Works Capital Improvement projects • Ensure contractor compliance with plans, specifications, codes, and ordinances • Inspect for contractor compliance with jobsite safety and environmental protection programs • Issue, track, and close Non-Compliance and Inspection Notices for deviations and violations • Prepare daily reports regarding jobsite activities and work progress • Review inspection requests and document completed and necessary inspections • Schedule, coordinate, and supervise special inspectors • Maintain and review project as built drawings, construction documentation, and permits • Review and verify monthly progress and change order billing requests ALI CAYIR, PE, Principal, PM/QC/QA Support
Education
• BS Engineering, MBA
Registrations/Certifications
• Registered Civil Engineer
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1075
3. Key Personnel 3.16
Proposal
Capital Improvement Program (CIP) Programmatic Services • Licensed Contractor A, B
Highlights
Mr. Cayir has over 35 years of experience. He served as Principal Program and Project Manager for a wide variety of projects. He has participated in a wide variety of multi-disciplinary development teams responsible for projects that include:
• Public Facilities(Vertical Construction)
• Public Works and Infrastructure
• Parks
• Transportation and Parking Related Facilities
• Parking Structures
• Commercial and Retail Developments
• Industrial Development
• Residential and Mixed Use Development
Mr. Cayir has extensive experience in the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM), and served as Resident Engineer on several Federally Funded Projects.
Mr. Cayir also served as contract City Engineer and Interim Public Works Director for many municipalities in Southern California. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
CRAIG MELICHER, PE, Vice President, PM/QC/QA Support
Education
• BS in Civil Engineering
• Various Construction Management Classes at UCLA, including:
o Legal Aspects of Construction Management
o Primavera based Construction Scheduling Software
Registrations/Certifications
• State of California Registered Civil Engineer
Highlights
Mr. Melicher has approximately 35 years of experience. Mr. Melicher has served in various capacities, such as Building Official, City Engineer, and CIP Manager for various Cities. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies.
Mr. Melicher also served as Principal Program Manager for a wide variety of projects. Depending on the specific project, Mr. Melicher’s services included everything from initial concept to project close-out. As each project faced its own unique challenges, Mr. Melicher was able to employ his extensive public agency background to insure the most expedition and cost effective solution to each respective challenge, especially where, as Program Manager, Mr. Melicher was specifically responsible for acting on behalf of and insuring the best interests of the project’s client. His experience includes serving as Owner’s Representative and Construction Manager for large and complex construction projects, such as public works/infrastructure, community center, city hall, library, parking structure, movie theaters, retail centers, etc.
Mr. Melicher also provided his expertise in the construction field serving as an expert witness for construction claims and defects. He has a strong background on the legal aspects of project and construction management and is particularly well versed in California statutes regulating all types of publicly funded construction.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1076
3. Key Personnel 3.17
Proposal
Capital Improvement Program (CIP) Programmatic Services
6. Project Organization Chart
CITY DESIGNATED STAFF
QC/QA OVERSIGHT STAFF
Ali Cayir, PE
Principal
Principal, PM/QC/QA Support
Mohammaf Pasebani, PE
Sr. Engineer
LAPM Compliance PM/QC/QA Oversight
Ali Zaghari, PW, PMP
Sr. Engineer
Caltrans Involved Projects Coordination
PM/QC/QA Support/Oversight
Craig Melicher, PE
Vice President
PM/QC/QA Support
SR. LEVEL
PROGRAM MANAGEMENT AND TECHNICAL SUPPORT
STAFF
Azita Fakoorbayat, PE
Sr. Engineer/Project Manager
John Oskoui, PE
Sr. Engineer/Project Manager
Michael Ackerman, PE, QSD, QSP, QISP
Sr. Engineer/Project Manager
Ziad Y. Mazboudi, PE, QSD, QSP, CPSWQ
Sr. Engineer/Project Manager
Carlos A. Pineda, PE, QSD, QSP, LEED
Sr. Engineer/Project Manager
Mohammad Mostahkami, PE
Sr. Engineer/Project Manager
David Ragland, PE, PLS, QSD, QSP
Sr. Engineer
Technical Review Support for Engineering Projects
Norman Caesar M. Baculinao, PE, TE
Sr. Engineer
Technical Review Support for Traffic Signal Systems
Project
Bahman Janka, TE
Sr. Traffic Engineer
Technical Review Support for Traffic and
Transportation Eng/Planning Projects
Jeffrey Kao, PE, CBO, CASp
Sr. Engineer
Technical Review Support for ADA
Projects/Compliance
Dennis Tarango, CBO, CSP
ICC Building Official
Technical Review Support for Vertical Projects
Michael Roberts, CBO, MCP
ICC Building Official
Technical Review Support for Vertical Projects
LOWER TEAR
PROGRAM MANAGEMENT AND
TECHNICAL SUPPORT STAFF
Ivan Daza, EIT
Associate Engineer
Project Management/RE/Office Engineering
Support
Brian Cervantes
Associate Engineer
Project Management/RE/Office Engineering
Support
Leonardo Martinez
Associate Engineer
Project Management/RE/Office Engineering
Support
Anthony Bendezu
Associate Engineer
Project Management/RE/Office Engineering
Support
Furkan. Cetinkale
Associate Engineer
Project Management/RE/Office Engineering
Support
Craig M. Wheeler
Sr. Construction Manager/Inspector
Field Review Support
Jeffrey Hirsh
Sr. Construction Manager/Inspector
Field Review Support
Robert Garcia
Sr. Inspector
Field Review Support
James Pagani, DSA Certified Accessibility
Specialist, CHST
Sr. Inspector
Field Review Support
Contract Principal
Ahmad Ansari, PE Principal/Supervising Program Manager
Okan Demirci. PE, QSD, QSP
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1077
Proposal Section 4
Relevant Experience
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1078
4. Relevant Experience 4.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
4. Relevant Experience
This section of the proposal shall include at least three (3) projects completed by the proposed project team within the past five years. Each sample relevant project shall include the following:
1. Title
2. Description
3. Year completed (or expected if not complete)
4. Total cost
5. Client/agency name
6. Reference (include name and contact information)
7. Project team staff who worked on the project
Following are few recently completed relevant projects of different types:
PROJECT 1 (Infrastructure-Pavement Rehabilitation)
1. Title City of Temple City 2021/22 City-Wide Pavement Rehab Project
2. Description Transtech provided CM/CI/, Office Engineer Services.
The project included rehabilitation of approx. 2,000,000 SF pavement area on several streets.
3. Year completed (or expected if not
complete)
January 2023
4. Total cost $4m
5. Client/agency name City of Temple City
6. Reference (include name and
contact information)
Bryan Cook, City Manager
T: 626-285-2171
E: [email protected]
7. Project team staff who worked on
the project
Ali Cayir, PE; Okan Demirci, PE; Jeffrey Hirsh; Mario Magliocchetti PROJECT 2 (Infrastructure-Major Roadway Improvement, which includes widening, SCE power pole relocations and undergrounding, utilities, drainage, landscape, sidewalk, traffic signal, street lighting, freeway interchange/ramps improvements)
1. Title Washington Bl Widening and Reconstruction
2. Description Transtech provided PM/CM/CI/Resident Engineer, Office Engineer Services.
The project included widening and reconstruction of 2.7 miles of Roadway, Traffic Signals, Street Lighting, Landscape, Improvements at I-5 and at 710 Freeways ramps.
The project was federally funded and was managed in compliance with Caltrans Local Assistance Procedures Manual.
The project was also a Caltrans Oversight Project.
Award: This project was recognized as one of the projects of the year as part of the 2017 American Public Works Association (APWA) BEST Award, in the category of Transportation Projects.
3. Year completed (or expected if not
complete)
2018
4. Total cost $45M
5. Client/agency name City of Commerce
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1079
4. Relevant Experience 4.2
Proposal
Capital Improvement Program (CIP) Programmatic Services
6. Reference (include name and
contact information)
Edgar Cisneros, City Manager
T: 323-722-4805
E: [email protected]
7. Project team staff who worked on
the project
Ali Cayir, PE; Okan Demirci, PE; Michael Ackerman, PE; Jeffrey Hirsh, Mario Magliocchetti; Al Pagani; Mike Schnepf; Selim Bouhamidi; PROJECT 3 (Facilities-Park)
1. Title Friendship Park
2. Description Transtech provided PM/CM/CI/ Office Engineer Services.
The project included a playground, a shaded outdoor fitness court, drinking fountains, benches, trash bins, basketball court fixtures, site lighting, and pedestrian accessibility improvements, including sidewalk and pedestrian ramps.
The project was CDBG Federally Funded.
Award: This project received 2022 Projects of the Year APWA Award Award Category: Recreational & Athletic Facilities
3. Year completed (or expected if not
complete)
2022
4. Total cost $1M
5. Client/agency name City of West Covina
6. Reference (include name and
contact information)
David Carmany, City Manager
T: 626-939-8401
E: [email protected]
7. Project team staff who worked on
the project
Okan Demirci, PE; Earl Fraser, Keith Wyatt, Brian Cervantes PROJECT 4 (Facilities-Parking Structure)
1. Title C Block Parking Structure DB (Design-Build) Delivery
2. Description Transtech provided PM/CM/CI/ Office Engineer Services.
The project included construction of 5 level, 400 space parking structure under DB (Design-Build) Delivery.
Award: This project received 2022 Projects of the Year APWA Award Award Category: Facilities
3. Year completed (or expected if not
complete)
2022
4. Total cost $13M
5. Client/agency name City of Ontario
6. Reference (include name and
contact information)
Dan Beers, PW Dep. Design & Construction, Principal Project Manager T: 909-395-2806
E: [email protected]
7. Project team staff who worked on
the project
Ali Cayir, PE; Craig Melicher, PE; Okan Demirci, PE; Brian Cervantes, Dennis Tarango, CBO
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1080
4. Relevant Experience 4.3
Proposal
Capital Improvement Program (CIP) Programmatic Services PROJECT 5 (Infrastructure-Watermain replacement including service laterals, fire hydrants, manholes, asphalt pavement rehabilitation on streets and alleys, accessibility improvements including curb ramps, sidewalk, curb&gutter, signage and striping)
1. Title Roadway Improvements at Brewster, Agnes, Alberta, First, Franklin, City of Lynwood, ($7M)
2. Description Transtech provided PM/CM/CI/Office Engineer Services.
The project included watermain replacement including service laterals, fire hydrants, manholes, asphalt pavement rehabilitation on streets and alleys, accessibility improvements including curb ramps, sidewalk, curb&gutter, signage and striping.
3. Year completed (or expected if not
complete)
2021
4. Total cost $3M
5. Client/agency name City of Lynwood
6. Reference (include name and
contact information)
Ernie Hernandez, City Manager
T: (310) 603-0220
E: [email protected]
7. Project team staff who worked on
the project
Okan Demirci, PE; Earl Fraser, Jeffrey Hirsh, Andy Carlton We are also providing below additional information and detailed description of services provided to and reference letters from various clients.
CITY OF ONTARIO (Year started and completed: 2019 – Ongoing Service) Contact: Dan Beers, PW Dep. Design & Construction, Principal Project Manager; T: 909-395-2806; E: [email protected]
Services Provided: CIP Management (C Block, DB Project, Grand Park DB Project, City Hall Annex DB Project)
CITY OF WEST COVINA(Year started and completed: 2018 – Ongoing Service) Contact: David Carmany, City Manager; T: 626-939-8401; E: [email protected] Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.
CITY OF COMMERCE (Year started and completed: 2010 – Ongoing Service) Contact: Edgar Cisneros, City Manager; T: 323-722-4805; E: [email protected] Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1081
4. Relevant Experience 4.4
Proposal
Capital Improvement Program (CIP) Programmatic Services CITY OF MONTEREY PARK (Year started and completed: 2012 – Ongoing Service) Contact: Ron Bow, City Manager; T: 626-307-1255; E: [email protected] Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.
CITY OF TEMPLE CITY (Year started and completed: 2014 – Ongoing Service) Contact: Bryan Cook, City Manager; T: 626-285-2171; E: [email protected] Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.
CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service) Contact: Andrew Ho, Community Development Director; T: 626-570-5041; E:
[email protected]
Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1082
4. Relevant Experience 4.5
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1083
4. Relevant Experience 4.6
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1084
4. Relevant Experience 4.7
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1085
4. Relevant Experience 4.8
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1086
4. Relevant Experience 4.9
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1087
4. Relevant Experience 4.10
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1088
4. Relevant Experience 4.11
Proposal
Capital Improvement Program (CIP) Programmatic Services Examples of various types of projects representative of Transtech’s diversified experience:
Examples of few Street Improvements/Infrastructure, ADA, Park, Facilities Rehab Projects:
• Since 2013, Annual Street Rehab Program, City of Temple City ($15M) • Since 2019, Annual Street Rehab Program, City of West Covina ($10M) • Since 2018, Annual Street Rehab Program, City of South El Monte ($3M) • Since 2018, Annual Street Rehab Program, City of Cudahy ($5M) • Since 2015, Annual Street Rehab Program, City of Commerce ($24M) • Since 2019, Annual Street Rehab Program, City of Maywood ($2M) • Riverside Dr Street Rehab Project, City of Chino ($7.5M) • El Prado Rd Reconstruction Project, City of Chino ($3M) • FY 20/21 Annual Street Rehab Project, City of Placentia ($4.5M) • Roadway Improvements at Brewster, Agnes, Alberta, First, Franklin, City of Lynwood, ($7M) • Eastern Ave, Full Depth Reclaimed Pavement Rehab Project, City of Commerce ($2M) • Temple City Blvd Rehabilitation Project, City of Temple City (Fed. Funded) ($2.5M) • Washington Blvd, Widening, Reconstruction Project, City of Commerce (Fed. Funded) ($40M) • Rosemead Blvd, Bikeway, Reconstruction, Beautification Project, City of Temple City (Fed. Funded) ($20M) • HSIP Cycle 4, Traffic Signal Improvements at Various Locations, City of Commerce (Fed. Funded) ($1M) • HSIP Cycle 7, Traffic Interconnect System Upgrades Citywide, City of Commerce (Fed. Funded) ($1M) • HSIP Cycle 10, Traffic Interconnect System Upgrades Citywide, City of Commerce (Fed. Funded) ($2M) • HSIP Cycle 6, Traffic Signal Improvements at Atlantic Ave, City of Cudahy (Fed. Funded) ($1M) • HSIP Cycle 7, Pedestrian Safety Improvements at Salt Lake Ave, City of Cudahy (Fed. Funded) ($0.5M) • HSIP Cycle 6, Traffic Signal Improvements at Santa Anita and Fern, City of S. El Monte (Fed. Funded) ($0.75M) • HSIP Cycle 6, Traffic Signal Improvements at Tyler and Thienes, City of S. El Monte (Fed. Funded) ($($0.75M) • HSIP Cycle 6, Traffic Signal Improvements at Peck and Rush, City of S. El Monte (Fed. Funded) ($1M) • HSIP Cycle 7, Traffic Signal Improvements at Santa Anita-Central, City of S. El Monte (Fed. Funded) ($1M) • HSIP Cycle 9, Citywide Traffic Signal Improvements, City of S. El Monte (Fed. Funded) ($1M) • HSIP Cycle 10, Traffic Signal Improvements at Garvey-Durfee-Michael Hunt, City of S. El Monte (Fed. Funded) ($1M) • HSIP Cycle 7, Traffic Signal Left Turn Phasing Improvement, City of Culver City (Fed. Funded) ($1M) • HSIP Cycle 6, El Monte Ave, Temple City Blvd, and Various Citywide Locations (Fed. Funded) ($2.8M) • HSIP Cycle 7, Traffic Signal Improvements at Hellman-Alhambra-Garfield, City of Monterey Park (Fed. Funded) ($1.5M) • HSIP Cycle 9, Traffic Signal Improvements on Garfield Ave, City of Monterey Park (Fed. Funded) ($1M) • HSIP Cycle 10, Traffic Signal Improvements at Various Locations, City of West Covina (Fed. Funded) ($4.5M) • HSIP Cycle 7, Traffic Signal Improvements at Mission and Ivar, City of Rosemead (Fed. Funded) ($0.5M) • HSIP Cycle 7, Firestone Blvd ITS Improvements, City of Norwalk (Fed. Funded) ($1.5M) • HSIP Cycle 9, Citywide Traffic Safety Improvement, City of Placentia (Fed. Funded) ($1.3M) • HSIP Cycle 5, Martin Luther King Jr Blvd TS Improvements, City of Lynwood (Fed. Funded) ($0.5M) • HSIP Cycle 9, Atlantic-Carlin Traffic Signal Improvements, City of Lynwood (Fed. Funded) ($0.75M) • HSIP Cycle 9, Imperial-Atlantic Traffic Signal Improvements, City of Lynwood (Fed. Funded) ($0.75M) • ATP Cycle 1, Citywide Pedestrian Safety Improvements, City of Cudahy (Fed. Funded) ($1.5M) • ATP Cycle 2, Citywide Pedestrian Safety Improvements, City of Cudahy (Fed. Funded) ($0.75M) • ATP Cycle 2, La Ballona Street Improvements, City of Culver City (Fed. Funded) ($3.5M) • ATP Cycle 1, Safe Routes to School Improvements Project, City of Huntington Park (Fed. Funded) ($1M) • ATP Cycle 4, Citywide Pedestrian Safety Improvements, City of Monterey Park (Fed. Funded) ($1.7M) • ATP Cycle 5, Citywide Pedestrian Safety Improvements, City of S. El Monte (Fed. Funded) ($1.7M) • Cactus/Nason Street Improvements and 135’ Span Bridge Project, City of Moreno Valley (SLPP Funded) ($20M) • Rte 71/Mission Bl Grade Separation Project, City of Pomona/Caltrans Oversight (Fed. Funded) ($25M) • FY 17/18 Lerma and Alessia Pavement Rehabilitation, City of South El Monte (CDBG Funded) ($0.75M) • Sr. Center Restroom Rehabilitation, City of South El Monte (CDBG Funded) ($0.2M) • 2020 Street Rehabilitation Project, City of South El Monte (CDBG Funded) ($0.75M) • Alley Rehabilitation Project, City of Chino (CDBG Funded) ($0.5M) • Street Light Citywide LED Conversion, City of Chino (CDBG Funded) ($0.5M) • Almansor Park Improvements Project, City of Alhambra (CDBG Funded) ($2.5M) • Lugo Park, Soccer Field and Plaza/Shade Structures Project, City of Cudahy (CDBG Funded) ($4M) • Various Restroom ADA Accessibility Improvements, City of Cudahy (CDBG Funded) ($0.5M) • Garvey Park Restroom Improvements, City of Rosemead (CDBG Funded) ($0.5M) • 2018 ADA Curb Ramps & Sidewalk Improvements, City of Monterey Park (CDBG Funded) ($0.5M) • Citywide Pedestrian Accessibility Improvements, FY 20/21, 21/22, 22/23, City of Maywood (CDBG Funded) ($0.75M) DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1089
4. Relevant Experience 4.12
Proposal
Capital Improvement Program (CIP) Programmatic Services • Sr. Center Restroom Rehabilitation, City of West Covina (CDBG Funded) ($0.5M) Examples of Street Improvements/Infrastructure Projects:
Washington Boulevard Widening and Reconstruction Project ($40M): Transtech provided CM/CI/Resident Engineer,
Inspector, Office Engineer Services. The project included widening and reconstruction of 2.7 miles of Roadway, Traffic Signals, Street Lighting, Landscape, Improvements at I-5 and at 710 Freeways ramps. The project was federally funded and was managed in compliance with Caltrans Local
Assistance Procedures Manual. The project was also a
Caltrans Oversight Project.
AWARD: This project was recognized as one of the projects of the year as part of the 2017 American Public Works Association (APWA) BEST Award, in the category of Transportation Projects.
Rosemead Boulevard Improvements Project ($20M): Located in the City of Temple City, this was a Federally Funded project.
Funding also included METRO Measure R and Prop C Funds.
Transtech provided Project, Program, Construction
Management, Resident Engineer, Inspection, Federal
Compliance, Labor Compliance and Office Engineer
Services. The project included protected bike lanes,
widening and reconstruction of 2 miles of roadway.
AWARD: This project has achieved numerous awards including a 2013 Planning Excellence in Implementation Award from the American Planning Association, the 2014 Quality of Life Merit Award from the American Society of Landscape Architects, the 2014 Merit Award for Urban Design from the California Council of the AIA and was voted one of the “best 10 new bike lanes of 2014” from the PeopleforBikes organization.
Cactus Avenue and Nason Street Improvements and 135’
Span Bridge Project ($21M): This project was part of the State Local Partnership Program SLPP Grant in the City of Moreno Valley ($21M). Transtech provided construction
management, resident engineer, inspection, and office
engineer services.
AWARD: This project was recognized with a project
achievement award by the Construction Management
Association of America (CMAA) for Construction
Management Services under the Public Works Category for $11M-$50M ranged projects.
ATP Citywide Crosswalk and Pedestrian Safety Improvement Project ($1.2M): Located in the City of Cudahy, this project included safe routes to school pedestrian safety
improvements near schools and pedestrian activity centers.
Transtech provided construction management, resident
engineer, inspection, labor compliance and office engineer services.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1090
4. Relevant Experience 4.13
Proposal
Capital Improvement Program (CIP) Programmatic Services Atlantic Boulevard Corridor Improvement Project ($20M): This was a Federally Funded project in the City of Commerce.
Transtech provided turnkey services included construction management, resident engineer, inspection, office engineer, and funds coordinator. The project was a major street
reconstruction and beautification project along Atlantic Boulevard which improved mobility for pedestrians, trucks, and vehicles as well as provided corridor beautification with landscaped medians and other elements.
AWARD: This project was recognized as one of the projects of the years as part of the 2020 American Public Works
Association (APWA) Project of the Year Award, in the
category of Transportation Projects.
Eastern Avenue Rehab Project ($1.5M): Located in the City of Commerce, this project was funded through City’s Measure AA Funds. The project involved Full Depth Reclaimed
Pavement Rehabilitation. Transtech provided construction management and inspection services.
AWARD: This project was recognized as one of the projects of the year awards as part of the 2017 Outstanding Local Streets and Roads Project Award Program in the Category of Roads for Efficient & Sustainable Road Maintenance, Construction & Reconstruction Projects.
Rte 71/Mission Bl Grade Separation Project ($40M): This project was a Federally Funded project located the City of Pomona and included construction of a bridge/grade
separation. Transtech provided construction management, resident engineer, inspection, labor compliance and office engineer services. Caltrans was the oversight/jurisdictional Agency.
Bogert Trail Bridge Widening Project ($5M): Located in the City of Palm Springs, this project was a Federally Funded project. Transtech provided construction management,
resident engineer, inspection, labor compliance and office engineer services. The project involved bridge widening, retrofit, and beautification elements.
26th Street Rehab and Metrolink Station ($1M): This project was Federally Funded in the City of Commerce and included
rehabilitation of 26th Street, and Metrolink Station parking lot rehab, station platform improvements, landscape and
lighting. Transtech provided construction management,
resident engineer, inspection, labor compliance and office engineer services.
Parking Lot Improvements Projects ($550K): Located in the City of Temple City, this project included new parking lot signage, asphalt resurfacing, construction of trellis, new lighting, electrical vehicle charging station infrastructure, landscaping, and drainage. Transtech provided construction management, and inspection services.
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4. Relevant Experience 4.14
Proposal
Capital Improvement Program (CIP) Programmatic Services El Monte, Temple City Blvd, and Various Citywide Locations HSIP Projects ($1.8M): Located in the City of Temple City, this project was a Federally Funded through Highway Safety
Improvement Project (HSIP) program. It included asphalt roadway resurfacing, markings & striping, traffic safety improvements such as updated traffic signal heads and
speed radar feedback signs, and updated street signage.
Transtech provided construction management, resident
engineer, inspection, labor compliance and office engineer services.
Middleton Street Elementary School Safe Routes to School Improvements Project ($500K): Located in the City of
Huntington Park, this project was part of the Safe Route to School program and included pedestrian safety
improvements, bulb outs, ADA compliant PCC curb ramps,
sidewalk improvements, updated signage, striping and
markings. Transtech provided construction management,
resident engineer, inspection, labor compliance and office engineer services.
Slauson Avenue ADA Improvements and Tree Replacement
Project ($1.5M): Located in the City of Commerce, this
project was funded through City’s Measure AA Funds. The project included removal of 149 overgrown Ficus trees that displaced the sidewalk in some areas up to 2 feet high and replaced them with new ADA compliant sidewalk and
planted 433 drought tolerant trees in their place. Transtech provided construction management and inspection,
services.
Examples of Park Projects:
2022 APWA AWARD WINNING PARK PROJECT MANAGED BY TRANSTECH FRIENDSHIP PARK, City of West Covina, Completed in June 2022 Project received 2022 Projects of the Year APWA Award
Award Category: Recreation and Athletic Facilities. New, renovated, or modernized parks, outdoor theaters & amphitheaters, playgrounds, sports facilities & fields, nature trails, and aquatic facilities.
Population Division: 100,000 to 200,000.
Project Cost: $1 m
Link to Project Info: WEST COVINA FRIEND SHIP PARK
Ontario Great Park DB (Design-Build
Project). ($45M): The project is being
delivered under DB delivery.
Transtech is City’s Owner’s
Representative/Program Manager.
City of Temple City, Primrose Park
($4M, Prop 68 Funding): The project
included constructing a new park with
playground, landscaping, parking lot,
concrete plaza, lighting, drainage,
ADA improvements.
City of Monterey Park, Citywide
Parks Improvement Project
($6.5M): This project included
installation of park equipment
(playground, picnic shelters,
benches), construction of ADA
improvements at 13 parks.
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4. Relevant Experience 4.15
Proposal
Capital Improvement Program (CIP) Programmatic Services City of Commerce/Caltrans, I-5
Freeway/Washington Bl SB on and off
Ramps Landscape Improvements
($3M, Federally Funded): The project
included, Landscape, Improvements
at I-5 and at 710 Freeways ramps.
City of Alhambra, Almansor Park
Improvements Project ($2.5M): The
project included construction of new
basketball courts, restroom facilities,
shade structure, new drainage
systems, new lightings, and updated
landscaping and irrigation, and PCC
walkways.
City of Cudahy, Soccer Field
(synthetic turf) and Park
Improvements Project ($2M,
CDBG Funded): The project
included constructing a new
soccer field with artificial turf on
existing baseball field,
landscaping, parking lot,
concrete plaza, lighting,
drainage, ADA improvements.
City of Huntington Park, Salt Lake
Park Splash Pad Project ($1M): The
project included installation of splash
park.
City of Fontana, South Fontana Park
($15M): The project included an 18-
acre park with 4 artificial turf
soccer/football fields, sports lighting,
playground/tot lot, walking path, 2
Restroom/Concession Building, shade
structures, fencing. Transtech is
providing inspection services.
City of Temple City, Pocket
Park/Parking Lot Improvements
Projects ($1M): The project
included new park/parking lot
signage, trellis, landscaping,
drainage, lighting, electrical
vehicle charging station
infrastructure for future
implementation.
Examples of Building Projects:
City of Alhambra Civic Center Library Project ($30M): Transtech provided plan check, inspection, construction management, and owner representative services, the project included construction of a 45,000 SF Library with an underground parking garage.
City of Whittier, Uptown Parking Structure (DBB, Design-Bid-Build Project, Project Value: $12M): The project involved construction of a 4 story, 450 stall parking structure, and includes elements such as bicycle and motorcycle parking and provisions for future photovoltaic panels.. The project was delivered as DBB.
Transtech served as Construction Manager. This project is located in Whittier.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1093
4. Relevant Experience 4.16
Proposal
Capital Improvement Program (CIP) Programmatic Services Renaissance Plaza ($15M): This project was located in the City of Alhambra and included a parking structure, 10 plex movie theater, retail, and plaza. Transtech served as the City’s Building Official, Plan Checker and Inspector for this project including construction manager of the parking structure, public plaza, and other improvements.
Rosewood Community Center ($25M): Transtech was retained by the City of Commerce to take over the management of this multimillion-dollar facility which was 2 years behind schedule.
Within 5 months, Transtech brought the construction to substantial completion level allowing the City to start the move-in process, and 2 months after, the facility was opened for public use.
Garfield Avenue Parking Structure ($8.5M): This project included a 5-story level, 600 space parking structure as part of the Alhambra Redevelopment Agency and Downtown Redevelopment.
Transtech provided plan check, inspection, construction management and owner representative services.
Riverside County Transportation Commission, Corona Main Street Metrolink Parking Structure and Pedestrian Bridge (25M): This project is in Corona and included 6 level, approximately 1,000 space parking structure, and a pedestrian bridge over railroad tracks. Transtech provided inspection and construction
management services for the construction of this federally funded project.
City of San Bernardino Santa Fe Depot/Metrolink Parking Structure and Historic Santa Fe Depot Renovation Project ($25M): This project included The Parking Structure involved the construction of a 3-level parking structure for 350 cars. Historic Santa Fe Depot Renovation involved renovation for adoptive reuse of 60,000 sf historical Santa Fe Train Depot.
Examples of Development Projects:
Agency: CITY OF TEMPLE CITY
Project: Blossom Walk Residential Development (Valuation $6 m). This development includes 24-unit condominiums and 4 single family homes.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
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4. Relevant Experience 4.17
Proposal
Capital Improvement Program (CIP) Programmatic Services Agency: CITY OF SOUTH EL MONTE
Project: Chico Residential Development (Valuation $15 m). This development includes 13 buildings with 70 residential units.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF COMMERCE
Project: Warehouse with Office Space Development (Valuation $20 m). This development includes one-story of warehouse with mezzanines for office use of 114,898 square feet of total floor area in a 5.65-acre lot.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF ALHAMBRA
Project: Main Street Collection (Valuation $23 m). This development includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF WEST COVINA
Project: Medical Center Building (Valuation $20 m). This project is a new Medical Office Building of approximately 55,000 sf that will operate 24/7 providing a radiation oncology department and infusion department.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
Agency: CITY OF WEST COVINA
Project: Asteria Residential Development (Valuation $40 m). This development includes 158-unit residential homes.
Transtech provided following services:
• Establishing conditions of approval and coordination with the Planning Staff for the entitlement of the project.
• Engineering Plan Check, Map Check, and Permit Inspection. • Building Plan Check and Inspection.
Transtech serves as the City’s Contract Building Official, City Engineer, City Traffic Engineer.
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4. Relevant Experience 4.18
Proposal
Capital Improvement Program (CIP) Programmatic Services Experience in DB (Design-Build) Project Delivery:
Transtech has extensive experience in managing DB Projects in compliance with CA Public Contract Code. • 2022 APWA AWARD WINNING DB (Design-Build) PROJECT MANAGED BY
TRANSTECH
C-BLOCK PARKING STRUCTURE, City of Ontario, Completed in May 2022 Project received 2022 Projects of the Year APWA Award
Award Category: Facilities
Facilities, including parking structures, transit facilities, rail stations, recycling facilities, fiber optics, energy generation & substations, zoos, communications, and public works yards.
Population Division: 100,000 to 200,000
Project Cost: $11 m
Link to Project Info: ONTARIO, C BLOCK DB PARKING STRUCTURE Currently, we are managing following DB Projects:
• Ontario Grand Park (DB Delivery) ($90M) (Pre-qualifications DB RFP issued)
• Ontario Parking Structure, Fire Station 1 (PS is DB Project Delivery; Fire Station is DBB Delivery) ($60M) (Pre-qualifications DB RFP for PS issued) Few other DB Projects Transtech was involved:
City of Alhambra, Mosaic Parking Structure (DB Delivery) ($8M: The project involved construction of a 5-story parking structure. The project was delivered as DB. Transtech served as Owner Representative and Program Manager from initial project planning, design development thru construction. Transtech also provided building code plan check, constructability, biddability and value engineering review. Also, during construction, Transtech provided construction management and inspection services. This project is located in Alhambra.
Turkish American Cultural Center Project, Maryland (DB Delivery) ($100M): This unique project, Turkish-American Cultural Center (TACC) is a unique multi-cultural center showcasing he culture and heritage of Turkish Americans, and celebrate their contribution to America. The project involved construction of a museum, library, traditional Turkish/Ottoman houses, religious facility (Mosque), including an underground level parking garage with sports facilities. Transtech was commissioned as the Owner Representative/Program Manager.
Transtech located some of its most experienced staff members to Maryland temporarily and retained additional staff locally, and moved the project thru local planning processing and approvals within less than 1 year, and adopted a DB delivery approach with GMP (Guaranteed Maximum Price), which complied with US Local contracting laws and requirements, as well as was acceptable to the Turkish contracting laws and standards. A Turkish architect prepared the conceptual design plans. A US Architectural Firm was hired to develop bridging documents.
Several large US Construction firms were invited to submit proposals.
After selection process, one of the largest Construction Companies in US, Balfour Beatty (https://balfourbeattyus.com/home) was hired as the DB General Contractor. At the peak of finish work, nearly 80 master Turkish artisans were also brought to US temporarily applying their expertise to the stone, marble, lead roofing and millwork packages. The construction was completed in 2 years.
CONCEPT RENDERING OF PARKING STRUCTURE
FINAL COMPLETED PARKING STRUCTURE
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1096
Proposal Section 5
Quality of Proposal
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1097
5. Quality of Proposal 5.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
5. Quality of Proposal
1. Proposal contains all minimum required items and is in proper format
2. All forms, including addenda (if any) have been completed and signed
1. Proposal contains all minimum required items and is in proper format Our proposal contains all minimum required items and is in proper format.
Our proposal includes information listed in RFP under “Proposal Content”, and is formatted per the sections listed in the RFP under “Proposal Format”, as listed below:
Proposal Content: A responsive proposal shall contain the following documentation:
1. Cover Letter- Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity.
2. Understanding of Need- Proposal shall include an outline which demonstrates the firm’s understanding of the project goals and objectives and scope of work, and most of all, familiarity with the existing condition and needs. This outline should include the firm’s anticipated approach toward providing required services, tasks necessary for its successful completion, and suggestions or special concerns of which the City should be made aware.
3. Scope of Services- Proposal shall include a Scope of Services which details the consultant’s approach towards completing the project, work phases, the tasks to be accomplished and the deliverables to be provided, based upon the requested Scope of Services included in this RFP.
4. QA/QC Plan- Provide QA/QC plan to ensure quality control for the duration of the project which shall include maintaining organization and communication over the entire project team, cost and schedule monitoring and constructability review of project plans, specifications and estimates upon their completion.
5. Key Personnel- Consultants shall list key personnel as well as subconsultants, if any, they propose to use on their respective project team. Resumes, limited to one page maximum, shall be included for each key personnel and subconsultant(s). In addition, this section of the proposal shall include a project organization chart with each key individual and subconsultant(s) listed by position or title. Furthermore, a table shall be included listing each key individual and subconsultant(s) by position or title along with percentage of each individual’s and subconsultant’s time (by percentage) to be devoted to this project.
6. Relevant Experience- This section of the proposal shall include a list of at least three (3) relevant or similar projects completed by the project team within the past five years. Each project included shall have a description of the project, name of the client, reference representing client who can be contacted regarding the project along with contact information, year completed and total project cost.
7. Fee Proposal- The consultant’s fee proposal shall be submitted concurrently with the technical proposal. The fee proposal shall include a competitive fee which outlines the hours to complete the scope of services along with personnel to be involved in the project with the number of hours by personnel to be assigned by task and hourly rate.
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5. Quality of Proposal 5.2
Proposal
Capital Improvement Program (CIP) Programmatic Services Our proposal includes all information listed in RFP under “Proposal Content”, which is recited above.
Proposal Format: Proposal shall, at a minimum, contain a detailed Scope of Services and be formatted to include the following sections. The basis of consultant selection for this project will be based on the following criteria:
1. Perception Approach
1. Project understanding and perception
2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy.
2. Methodology
1. Clearly state the methodology to be used in completing the Scope of Services.
2. Provide QA/QC plan to ensure quality control for the duration of the project
3. Key Personnel- This section of the proposal shall be formatted as follows:
1. Experience of key personnel
2. Responsibilities to be assigned
3. Amount of each individual’s time to be allocated
4. Subconsultant(s) to be used (if any)
5. Resumes of key personnel
6. Project organization chart
4. Relevant Experience- This section of the proposal shall include at least three (3) projects completed by the proposed project team within the past five years. Each sample relevant project shall include the following:
1. Title
2. Description
3. Year completed (or expected if not complete)
4. Total cost
5. Client/agency name
6. Reference (include name and contact information)
7. Project team staff who worked on the project
5. Quality of Proposal
1. Proposal contains all minimum required items and is in proper format,
2. All forms, including addenda (if any) have been completed and signed
6. Budget/Fee- Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated hours as need due to the City’s needs.
Our proposal is formatted per the sections listed in the RFP under “Proposal Format”, which is also recited above.
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1099
5. Quality of Proposal 5.3
Proposal
Capital Improvement Program (CIP) Programmatic Services
2. All forms, including addenda (if any) have been completed and signed All forms, including addenda (if any) have been completed and signed.
After RFP transmittal email, we received a follow up email from the City as follows:
As indicated in the above email, our proposal is emailed to [email protected] with cc to: [email protected]
DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1100
Proposal Section 6
Budget / Fee
Proposal
Capital Improvement Program (CIP) Programmatic Services DocuSign Envelope ID: 86A51E92-F500-4DFF-9A4B-D8B62ED4105D Packet Page. 1101
6. Budget / Fee 6.1
Proposal
Capital Improvement Program (CIP) Programmatic Services
6. Budget / Fee
Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated hours as need due to the City’s needs.
The RFP states:
Budget/Fee- Include a not-to-exceed fee for all work to be completed. For this RFP, assume providing an average of 40 hours per week of program management services throughout the term of the agreement. However, the City reserves the right to reduce allocated hours as need due to the City’s needs.
As required in the RFP, we are providing an estimated budget using 40 hrs per week staff time as base assumption:
Staff Classification Average Hrly
Rate
Assumed
Weekly Hours
Allocation
Assumed
Weekly
Budget
Allocation
Sr. Level Staff $195 5 $975
Project Management Staff $185 20 $3,700
Lower Tear PM Support Staff $165 15 $2,475
Weekly Totals 40 $7,150
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.
Staff classifications can be changed based on a project's specific needs and staffing type and level requirements.
Staff with lower rates may be used when more applicable to a project, and such lower rates would be reflected on the invoices, which will reduce costs to City.
Please see following page for Transtech’s current Hourly Rate Schedule for all staff classifications.
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6. Budget / Fee 6.2
Proposal
Capital Improvement Program (CIP) Programmatic Services Field Technician $80 - $90 Labor Compliance Analyst $140 - $145 Engineering Technician $90 - $100 Funds Coordinator $145 - $155 Assistant CAD Drafter $100 - $115 Office Engineer $140 - $150 Senior CAD Drafter $115 - $130 Construction Inspector $135 - $145 Associate Designer $130 - $145 Senior Construction Inspector $145 - $155 Senior Designer $145 - $160 Construction Manager $155 - $175 Design Project Manager $180 - $190 Resident Engineer $175 - $190 Assistant Engineer $110 - $120
Associate Civil Engineer $135 - $145 Public Works Inspector $135 - $145 Senior Civil Engineer $190 - $210 Senior Public Works Inspector $145 - $155 Traffic Analyst Technician $95 - $105 Supervising PW Inspector $155 - $165 Associate Traffic Analyst $140 - $150
Senior Traffic Analyst $150 - $160 Survey Analyst $140 - $145 Professional Transportation Planner $160 - $175 Senior Survey Analyst $145 - $150 Traffic Engineer Technician $90 - $100 2-Man Survey Crew $330 - $340 Associate Traffic Engineer $135 - $145 Survey & Mapping Specialist $175 - $185 Traffic Engineer $160 - $175 Licensed Land Surveyor $200 - $210 Senior Traffic Engineer $175 - $195
Project Manager $175 - $195 Funds Analyst $140 - $145
Senior Project Manager $195 - $215 Senior Funds Analyst $145 - $155 Deputy City Engineer $160 - $180 Grant Writer $160 - $170 City Engineer $180 - $195 Funds & Grant Project Manager $180 -- $190 Principal Engineer $195 - $215
Community Development Technician $75 - $85
Permit Technician $70 - $80 Planning Technician $85 - $95 Plan Check Technician/Analyst $100 - $120 Assistant Planner $95 - $115 Building Inspector $120 - $125 Associate Planner $115 - $135 Senior Inspector $125 - $135 Senior Planner $135 - $160 Plans Examiner/Checker $135 - $150 Planning Manager $160 - $180 Plan Check Engineer $150 - $160
Deputy Building Official $150 - $160 Administrative/Clerical $65 -- $75 Building Official $160 - $170 Project Accountant $75 -- $85 TRANSTECH ENGINEERS, INC.
SCHEDULE OF HOURLY RATES
Effective through June 30, 2023
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.
The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
FUNDING & GRANT WRITING
PLANNING
ADMINISTRATIVE STAFF
SURVEY AND MAPPING
PUBLIC WORKS INSPECTION
BUILDING & SAFETY
ENGINEERING CONSTRUCTION MANAGEMENT
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works
Department: Public Works
Subject: Contract Amendment Approval – Pepper Avenue
Rehabilitation Project (Wards 3, 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager to execute all documents and: Approve Amendment No. 3 to the Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for a total contract amount of $255,531 for Pepper Avenue Rehabilitation Project and extend the term of the agreement through the anticipated completion date of December 30, 2024.
Executive Summary
When the road surface condition becomes worn or damaged due to aging, weather, and traffic, rehabilitation or resurfacing is needed to restore the pavement surface. Kabbara Engineering has been providing construction engineering support services to complete the Pepper Ave. Rehabilitation Project, for a total of approximately 2 miles. Public Works staff is requesting the approval of Amendment No.3 for additional construction engineering support services. If approved, Amendment No. 3 to the Professional Services Agreement will increase the project cost by $10,000, and authorize a contract change order for a new total amount, not to exceed of $255,531, to complete the design phase of the project.
Background
Pepper Avenue from Baseline Road to Mill Street was previously identified in the City’s approved Pavement Management Analysis in need of immediate rehabilitation. The project in general will consist of, but is not limited to, pavement rehabilitation, grinding of existing asphalt at Pepper Avenue between Baseline Road and Mill Street, for a total of approximately 2 miles; repair damaged portion and overlay with new asphalt and Packet Page. 1104
restripe; replace damaged curb, gutter and sidewalk within the project limits.
On February 17, 2021, the Mayor and City Council awarded a Professional Services Agreement with Kabbara Engineering for design services for Pepper Avenue project in the amount of $234,911.00.
On February 2, 2022, the Mayor and City Council approved Amendment No.1 to the Master Agreement, for the purpose of including additional funds for the performance of services under the Master Agreement for $6,120.00 for a new contract amount of $241,031.00.
On August 3, 2022, the Mayor and City Council approved Amendment No. 2 to the Master Agreement, to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement, in the amount of $4,500.00 for a new contract amount of $245,531.00.
Discussion
Following Mayor and City Council approval of a Professional Services Agreement with Kabbara Engineering, the firm began designing the improvements to the Pepper Avenue project, finalizing the initial design in 2022. Over the past year the Public Works Department staff met with Kabbara Engineering and received additional construction engineering support services necessary to complete the final stage of the Pepper Avenue Rehabilitation project.
Public Works Department staff met with Kabbara Engineering and received input on the requested modifications to the Project. The modifications and additional tasks include:
1. Construction Engineering Support - Kabbara Engineering
2. Atlas Technical Services LLC (Geotechnical Subconsultants).
Design and construction of Pepper Ave. project are consistent with the designated use of this funding as completion of the project will support safety, reduce accidents due to potholes or uneven terrain. This will also help the street be resistant to weathering and erosion, it will require less maintenance and the street will last longer. Kabbara Engineering provided a proposal for an amendment to the contract in the amount of $10,000 to complete the project. Approving Amendment No. 3 will also extend the original term of the agreement through the anticipated completion date of December 30, 2024.
Funding for the Project was established in FY 2020/21 City’s Annual Operating Budget which included Capital Improvement Plan (CIP) SS20-010 – and established a budget Packet Page. 1105
of $200,000 in Measure I Fund No. 129. The total project cost breakdown is as follows:
Kabbara Eng. Original Contract $234,911.00
Amendment No. 1 $6,120.00
Amendment No. 2 $4,500.00
Amendment No. 3 $10,000.00
Total New Kabbara Eng. Contract $255,531.00
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1 – Improved Operational & Financial Capacity by leveraging existing resources to provide needed improvements at Pepper Avenue for safer and better traffic flow, ADA access for pedestrian safety and enhance services to the community.
Fiscal Impact:
There is no General Fund impact with this item. Sufficient Measure I budget exists within the project to support this item. To date, 129-160-8713 has a remaining budget of $2,719,094.02 to support this item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager to execute all documents and:
Approve Amendment No. 3 to the Professional Services Agreement with Kabbara Engineering in the amount of $10,000, for a total contract amount of $255,531 for the Pepper Avenue Rehabilitation Project and extend the term of the agreement through the anticipated completion data of December 30, 2024.
Attachments
Attachment 1 - Amendment No. 3
Attachment 2 - Exhibit A: Kabbara Engineering Amendment Letter Attachment 3 - Original Professional Services Agreement with Kabbara Engineering
Ward:
Third Ward; Sixth Ward
Synopsis of Previous Council Actions:
February 17, 2021 Resolution No.2021-34 adopted agreement with Kabbara Engineering in the amount of $234,911 to provide the design of Pepper Avenue Rehabilitation from Baseline Road to Mill Street
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February 2, 2022 Approved First Amendment to the Professional Services Agreement with Kabbara Engineering
August 3, 2022 Approved Second Amendment to the Professional Services Agreement with Kabbara Engineering
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn C. Merrill, Interim Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Approve Final Tract Map No. 20495 (Ward 4)
Recommendation:
Adopt Resolution No. 2024-022 by the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20495 (Subdivision 21-13) involving the subdivision of five (5) parcels (APN 0285-211-05, 21, 22, 23, and 25) containing approximately 14.7 acres into one hundred thirty-three (133) singlefamily residential lots and nine (9) lettered lots for common facility improvements, located on the northwest corner of E. Highland Avenue and N. Palm Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.
Executive Summary:
The proposed project consists of subdividing five parcels containing a total of approximately 14.7 acres into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements, for a proposed singlefamily residential development, which is located on the northwest corner of E. Highland Avenue and N. Palm Avenue. Pursuant to the requirements of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Map for Mayor and City Council action and final acceptance. The Acting City Engineer has reviewed the proposed Final Map for Tract No. 20495 and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and all conditions of approval, and recommend the City Council for approval.
Background:
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On July 20, 2022, the Mayor and City Council adopted Resolution 2022-032 thereby certifying General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Tract Map 20495), and Development Permit Type-P 21-07 for the Warmington Residential project. The adoption of the approved Resolution 2022-157 allowed for the subdivision of five (5) parcels containing approximately 14.7 acres into one hundred thirty-three (133) singlefamily residential lots and nine (9) lettered lots for common facility improvements; and the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences.
Discussion:
The proposed project consists of subdividing five parcels containing a total of approximately 14.7 acres into one hundred thirty-three (133) single-family residential lots. The proposed single-family lots are part of a planned residential development, which was also approved on July 20, 2022, by the Mayor and City Council as Development Permit Type-P 21-07 per the same Resolution 2022-032.
Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Map for Mayor and City Council action and final acceptance. The Acting City Engineer has reviewed the proposed Final Map for Tract No. 20495 and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and all conditions of approval. City services will be provided to this project in a similar way as other single-family residential neighborhoods within the city and surrounding area. This project is anticipated to generate approximately $2,501,065 in Development Impact Fees for the city. 2021-2025 Strategic Targets and Goals:
The adoption of a Resolution approving the Final Map for Tract No. 20495 aligns with Goal No. 1 Improved Operational & Financial Capacity. Specifically, the transformation of existing vacant underutilized properties into productive single-family residential lots for the purpose of developing single-family residential homes meets the City’s economic development goals.
Fiscal Impact:
This project is anticipated to generate approximately $2,501,065.00 in Development Impact Fees for the city.
Conclusion:
Adopt Resolution No. 2024-022 by the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20495 (Subdivision 21-13) involving the subdivision of five (5) parcels (APN 0285-211-05, 21, 22, 23, and Packet Page. 1180
25) containing approximately 14.7 acres into one hundred thirty-three (133) singlefamily residential lots and nine (9) lettered lots for common facility improvements, located on the northwest corner of E. Highland Avenue and N. Palm Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.
Attachments:
Attachment 1 Resolution 2024-022
Attachment 2 Project Bonds
Attachment 3 Final Map for Tract 20495
Attachment 4 Tract 20495 Improvement Agreement
Attachment 5 Resolution 2022-032
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
July 20, 2022, Mayor and City Council adopted Resolution No. 2022-032, approving GPA 21-02, DCA 21-07, DP-P 21-07, and Subdivision 21-13.
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Resolution No. 2024-022
Resolution 2024-022
January 17, 2024
RESOLUTION NO. 2024-022
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 20495
(SUBDIVISION 21-13) INVOLVING THE SUBDIVISION OF
A PROJECT SITE CONTAINING APPROXIMATELY 14.7
ACRES INTO 133 SINGLE-FAMILY RESIDENTIAL LOTS
AND NINE (9) LETTERED LOTS FOR COMMON
FACILITY IMPROVEMENTS LOCATED ON THE
NORTHWEST CORNER OF E. HIGHLAND AVENUE AND
N. PALM AVENUE; ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM
OF THE SUBDIVISION IMPROVEMENTS.
WHEREAS, on July 20, 2022 the Mayor and City Council of the City of San Bernardino adopted Resolution 2022-032 for approving Subdivision 21-13 and Tentative Tract Map 20495, and
WHEREAS, the Acting City Engineer has reviewed the approved Tentative Tract Map 20495 with conditions of approval, and has analyzed the Final Map for Tract No. 20495 in order to ensure consistency between the approved Tentative Tract Map 20495 with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 20495 has been found to be in substantial conformance with the approved Tentative Tract Map 20495, and
WHEREAS, the Mayor and City Council find that proposed Tract Map 20495, located on the northwest corner of E. Highland Avenue and N. Palm Avenue within the Residential Medium (RM) zone together with the provisions of their design and improvement is consistent with the General Plan of the City of San Bernardino.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Manager of the City of San Bernardino is authorized to execute the standard form Subdivision Improvement Agreement with Warmington Highland Village Associates, LP. attached and incorporated herein as Exhibit A, for the improvements in said Tract Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said improvements are Packet Page. 1182
Resolution No. 2024-022
Resolution 2024-022
January 17, 2024
specifically described and shown on Drawings approved and on file in the office of the Public Works Department of the City of San Bernardino.
SECTION 3. A Mitigated Negative Declaration was adopted with the approval of Subdivision 21-12 (Tentative Tract Map 20495) on July 20, 2022. No further changes to the environmental conditions of the subject site or the proposed subdivision have occurred. Therefore, the previous environmental determination adopted for Subdivision 21-13 (Tentative Tract map 20495) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the California environmental Quality Act.
SECTION 4. The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of Tract Map, the Subdivider shall first execute the Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
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 17th day of January 2024.
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. 2024-022
Resolution 2024-022
January 17, 2024
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. 2024-022, adopted at a regular meeting held on the 17th day of January 2024 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 17th day of January 2024.
Genoveva Rocha, CMC, City Clerk
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30. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year first above written.
ATTEST:
By: _____________ _
Genoveva Rocha, CMC, City Clerk
Approved as to form:
By: ____________ _
Sonia R. Carvalho, City Attorney
9 CITY OF SAN BERNARDINO
By:
Charles A. Montoya, City Manager
City of San Bernardino
SUBDIVIDER:
By:
Van
�1e::
G. Martin - VP Land Development
By:
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works
Department: Public Works
Subject: Contract Change Order Approval – Pavement
Rehabilitation at Three Locations- Ward 3
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the Director of Finance and Management Services to allocate an additional $643,910.10 to fund the change order to complete the pavement improvements "Project"; and
2. Approve the Construction Contract Change Order with Matich Corporation Company in the amount of $643,910.10 to complete the "Project"; and
3. Authorize the project construction and construction contingencies in the total amount of $693,000 to provide pavement improvements to complete the "Project"; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Executive Summary:
To complete the required street improvements, a change order to the contract with Matich Corporation Company is requested. Public Works staff is requesting an amendment to the contract to utilize the remaining funds allocated in the Community Development Block Grant (CDBG) account, and to extend the limits of the pavement to be completed from the remaining CDBG Fund balance in the amount of $705,530.78 and authorize a contract change order including construction in the amount of $643,910.10 and contingencies in the amount $49,089.90 for a total amount of $693,000 to Matich Corporation Company.
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Background:
The Public Works Department is responsible for maintaining streets citywide. In March 2020, a Pavement Management Analysis was completed which used scientific methods to rate the condition of all public streets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (“RSL”) in years with a rating of 20 representing the condition of a recently completed street.
Segments with RSL between 20 and 10 are usually maintained using crack sealing and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance, usually consisting of mill and overlay. Segments with RSL less than 5 require complete removal and replacement.
Community Development Block Grants (CDBG) partners with rural cities and counties to improve the lives of their low- and moderate-income residents through the creation and expansion of community and economic development opportunities, in support of livable communities. These street segments were chosen for that purpose and to help in-fill projects that are planned on these street segments.
In anticipation of this work, on June 1, 2022, the Mayor and City Council approved and adopted the City of San Bernandino’s Annual Operating Budgets and Capital Improvements Plan (CIP) for FY 2023 and FY2024.The CIP established CDBG Funding in the amount of $1,628,207.00.00 for the project to rehabilitate the following locations:
• Rialto Avenue from Mt. Vernon Avenue to Bridge (Ward 3) • 10th Street from “F” Street to “H” Street to Knuckle (Ward 1) • 49th Street from Sierra Way to End (Ward 4)
Plans and specifications were prepared with the proposed scope of work for the locations to include pavement rehabilitation and provide missing sidewalk and ADA access ramps.
Discussion:
A contract was awarded to Matich Corporation Company at the City Council meeting on August 2, 2023, in the amount of $763,593.55, to provide Pavement Rehabilitation at Three Locations and is expected to be completed in the first quarter of 2024.The available funds remaining in the CDBG grant will allow the staff to extend the limits on the scope of the street rehab to include Rialto Avenue from 3760 feet east of Rialto Avenue, and extending westerly to the Metrolink Tracks approximately 800 feet west of Macy Street. The extended limits will allow the City to expend all the CDBG funds allocated for the paving project for fiscal year 2022/2023 and benefit the City with the additional 4,560 feet of pavement rehabilitation and provide missing sidewalk and ADA access ramps.
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There is no General Fund impact associated with this item. CDBG funding was previously appropriated in the FY 2021/22 Capital Improvement Plan. To date, the remaining CDBG budget for this project is $1,925,386.33 A Project budget for the proposed work was previously established through the adopted FY 2021/22 Capital Improvement Plan in the CDBG fund as follows:
Citywide Pavement Rehabilitation (CDBG, G.L. No. 119-160-8886*5504) $1,628,207.00
The overall cost of the improvement work is as follows:
Original Construction Bid Amount $763,593.55
Contract Change Order
$643,910.10
Original Contract Contingency $76,359.40
Original Engineering and inspections $76,359.40
Contract Change Order Contingency $49,089.90
Staff Time $18,894.65
Total Amount $1,628,207.00
The existing section incorporated into the initial project scope adheres to the Community Development Block Grant (CDBG) guidelines, specifying that the extended street segment should seamlessly connect with the original segment.
Furthermore, following field inspections, visual assessments, and a pavement evaluation report conducted in 2019, the Remaining Service Life (RSL) of the pavement within the extended project limits was determined to fall within the unacceptable distress range of 2 to 6 values.
The contractor is currently mobilized and has indicated that they can complete this additional work by April 15, 2024, subject to timely issuance of a change order after the council approval.
2021-2025 Strategic Targets and Goals:
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity – Minimize risk and litigation exposure. Approval of this project will result in public improvements being constructed that minimize risk and litigation exposure through street improvements in the City.
Fiscal Impact:
There is no General Fund impact associated with this item. CDBG funding was previously appropriated in the FY 2021/22 Capital Improvement Plan. To date, the remaining CDBG budget for this project is $1,925,386.
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Conclusion:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize the Director of Finance and Management Services to allocate an additional $643,910.10 to fund the change order to complete the pavement Improvements "Project"; and
2. Approve the Construction Contract Change Order with Matich Corporation Company in the amount of $643,910.10 to complete the "Project"; and
3. Authorize the project construction and construction contingencies in the total amount of $693,000 to provide pavements improvements to complete the "Project"; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Attachments:
Attachment 1 Change Order - Matich Corporation
Attachment 2 Agreement with Matich Corporation Company
Ward:
3 Synopsis of Previous Council Actions:
June 1, 2022 Mayor and City Council adopted Resolution No. 2022-102 approving and adopting the City of San Bernardino annual operating budgets and capital Improvements plan (CIP) for FY 2023 and FY2024.
August 2, 2023 Mayor and City Council Awarded a construction contract to Matich Corporation
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PAVEMENT REHABILITATION AT THREE 00 52 13 – CONTRACT FOR CONSTRUCTION LOCATIONS, 13579
-37-
00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction of Pavement Rehabilitation at Three Locations, City Project No. 13579 (the “Contract”) is made and entered into this 2
nd day of August 2023 by and between the
CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Matich Corporation, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
PAVEMENT REHABILITATION AT THREE LOCATIONS, PROJECT NO: 13579 Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within Fifty (50) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of
Seven Hundred Sixty Three Thousand Five Hundred Ninety Three Dollars and 55/100 cents ($763,593.55). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages DocuSign Envelope ID: 7DB8B950-0D12-44D1-97C1-48FA0F2056B3 Packet Page. 1336
PAVEMENT REHABILITATION AT THREE 00 52 13 – CONTRACT FOR CONSTRUCTION LOCATIONS, 13579
-38-
and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety.
These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised ReferenceSpecifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract Appendix F - Other Federal Requirements
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
DocuSign Envelope ID: 7DB8B950-0D12-44D1-97C1-48FA0F2056B3 Packet Page. 1337
PAVEMENT REHABILITATION AT THREE 00 52 13 – CONTRACT FOR CONSTRUCTION LOCATIONS, 13579
-39-
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION.
Contractor shall provide indemnification and defense as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
DocuSign Envelope ID: 7DB8B950-0D12-44D1-97C1-48FA0F2056B3 Packet Page. 1338
PAVEMENT REHABILITATION AT THREE APPENDIX H - CENTER LINE TIES LOCATIONS, 13579
40 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF SAN BERNARDINO MATICH CORPORATION
By: _________________________
CHARLES E. McNEELY
Interim City Manager
By: _____________________________
Its: ______________________________
Printed Name: _____________________
ATTEST: _______________________
By: ____________________________
GENOVEVA CMC ROCHA
City Clerk
By: _____________________________
Its: ______________________________
Printed Name: ______________________
APPROVED AS TO FORM:
By: ______________________________
Best Best & Krieger LLP
City Attorney
Contractor’s License
(CONTRACTOR’S SIGNATURE MUST
BE NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
DIR Registration Number
END OF CONTRACT
DocuSign Envelope ID: 7DB8B950-0D12-44D1-97C1-48FA0F2056B3 Genoveva Rocha
1000004260
Jason G Jones
Vice President of Estimating
149783
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works
Department: Public Works
Subject: Cancellation of January 17, 2024, Public Hearing Regarding Solid Waste Rate Increases and Resolution
Adopting Rates for Solid Waste Services, Approving
Third Amendment to the City’s Exclusive Franchise
Agreement for Integrated Solid Waste Collection,
Processing and Disposal Services with Burrtec Waste
Industries, Inc., and Finding the Action Exempt from
the California Environmental Quality Act
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Cancel 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”) on the January 17, 2024, Mayor and City Council Meeting; and
2. Instruct staff to establish a new timeline for implementation of proposed rates (to include public hearings), SB 1383 adoption, and potential amendments to the City’s agreement with Burrtec Waste Industries, Inc. before July 30th, 2024.
Executive Summary
The City of San Bernardino (“City”) has an exclusive franchise agreement with Burrtec Waste Industries, Inc. (“Burrtec”) to provide solid waste collection, processing, and disposal services within the City. City staff is in the process of working with an expert rate consultant and Burrtec to negotiate the rate increase options for the consideration of the Mayor and City Council. As a result of changes to the scope of the original public hearings, and other state-mandated requirements, Packet Page. 1340
staff is requesting a cancellation of the January 17, 2024, Public Hearing and is developing a new timeline for Council consideration.
Background
On June 21, 2023, the City Council continued the Proposition 218 Hearing to January 17, 2024. The basis of the continuation was to direct staff to work with Burrtec to explore an additional option to provide a lower cost to the residential rates and to conduct a third-party rate analysis of rates.
Discussion
City staff has retained an expert rate consultant and is currently negotiating with Burrtec to attempt to deliver an additional rate option for the consideration of the Mayor and the City Council. This process now requires additional reviews, the establishment of working meetings to discuss rate analysis results, and implementation of new state program requirements.
At this time, staff is requesting a cancelation of the January 17, 2024, Public Hearing until such time a thorough analysis is complete and viable recommendations can be presented. This process now requires a reassessment and new methodology for achieving the goals of potentially providing lower costs for residential rates and complying with state regulations. Additional time to finalize the proposed options and to prepare for a thorough follow-up presentation on rates for the City Council is also required.
As part of this effort, staff also intends to provide the City Council with a specific timeline for implementation of new rates resulting from SB1383 (organic waste collection services), along with any potential amendments to the current franchise agreement. In short, this process has evolved to include other important requirements that have changed the scope of the original Public Hearings. 2021-2025 Strategic Targets and Goals
A Public Hearing to consider adjusting the Maximum Permitted Services Rates, as well as the amendment of the Franchise agreement between the City and Burrtec, meets Key Target No. 3c: Improved Quality of Life by evaluating and enhancing the quality of public safety services and Key Target No. 3d: To improve the City’s appearance, cleanliness, and attractiveness.
Fiscal Impact
There will be no costs incurred to the General Fund with this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Cancel the Proposition 218 Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Packet Page. 1341
Agreement for Integrated Solid Waste collection, processing and disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”) on the January 17, 2024, Mayor and City Council Meeting; and
2. Instruct staff to establish a new timeline for implementation of proposed rates (to include public hearings), SB 1383 adoption, and potential amendments to the City’s agreement with Burrtec Waste Industries, Inc. before July 30th, 2024.
Attachments
N/A
Ward:
All Wards
Synopsis of Previous Council Actions:
January 25, 2016, Resolution of the Mayor and City Council of City of San Bernardino approving a ten-year Exclusive Franchise
Agreement for Integrated Solid Waste Collection, Professing, and Disposal Services with Burrtec Waste Industries, Inc.
December 7, 2022, Notice of Intent to Conduct a Public Hearing on February 15, 2023, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing and Disposal Services.
May 17, 2023, Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services,
Approving Third Amendment to the City’s Exclusive
Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste
Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act (All Wards).
June 21, 2023, Continuation, to July 19, 2023, 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.
July 19, 2023, Continuation to September 6, 2023, of a Public Hearing Regarding Solid Waste Rate Increases and Resolution
Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Packet Page. 1342
Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.
September 6, 2023, Continuation to January 17, 2024, of a Public Hearing Regarding Solid Waste Rate Increases and Resolution
Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act.
Packet Page. 1343
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works
Department: Public Works
Subject: Adoption of Ordinance No. MC-1622: Floodplain
Ordinance (FPO) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating City Engineer as the floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
Executive Summary:
The goal and objective is to adopt the latest floodplain regulations per state and federal agencies in order for the City of San Bernardino (the “City”) to remain in the National Flood Insurance Program. The National Flood Insurance Program (NFIP) is administered by the Federal Emergency Management Agency (FEMA) and enables property owners in participating communities to purchase insurance in exchange for state and community floodplain management regulations to reduce exposure to flooding and lessen the financial burden during disaster events.
Background
The U.S. Congress established the National Flood Insurance Program (NFIP) with the passage of the National Flood Insurance Act of 1968. The NFIP is administered by the Federal Emergency Management Agency (FEMA) and enables property owners in participating communities to purchase insurance in exchange for state and community floodplain management regulations to reduce exposure to flooding and lessen the financial burden during future disaster events. Jurisdictions such as the City may participate in the NFIP subject to certain ongoing federal and state requirements. The NFIP is based on a mutual agreement between the Federal Government and communities such as the City. Communities that participate agree to regulate development in mapped flood hazard areas according to certain criteria Packet Page. 1344
and standards as stated above. In order to remain enrolled in the NFIP, the City needs to continuously update its Floodplain Ordinance to reflect new regulations.
On October 18, 2023, the Mayor and City Council was presented with the Introduction of Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
Discussion
Ordinance No. MC-1622 adopts a new Chapter 8.79 of the City of San Bernardino municipal code; adopts flood hazard maps; designates the City Engineer as the floodplain administrator; and repeals Chapter 19.16 of the City of San Bernardino municipal code.
On October 18, 2023, ordinance No. MC-1622 was introduced, read by title only, and had further reading waived by 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
Adoption of this Ordinance aligns with the City’s Guiding Principles, as set forth in the 2020-2025 “Key Strategic Targets and Goals” document. In particular, the Ordinance furthers:
• Key Target No. 1: Improved Financial & Operational Capacity. This action will help enable property owners to purchase federally backed flood insurance to provide financial protection against flood losses, reduce potential hazards, and minimize the risks associated with flooding.
• Key Target No. 3: Improved Quality of Life. Specifically, updating the Flood Plain Overlay zone as reflected in Chapter 19.16 of the City’s Municipal Code will help the City maintain its enrollment in the NFIP, which will in turn help protect public health, safety, and general welfare by ensuring the City remains up to date with applicable federal and state floodplain laws and regulations.
Fiscal Impact
There is no fiscal impact to the City‘s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating City Packet Page. 1345
Engineer as the floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
Attachments
Attachment 1 - Ordinance No. MC-1622
Attachment 2 - Presentation PowerPoint
Ward:
All Wards
Synopsis of Previous Council Actions:
October 18, 2023 The Mayor and City Council of the City of San Bernardino, California, introduce, read by title, and waive further reading of Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino
municipal code.
Packet Page. 1346
Ordinance No. MC-1622
1 ORDINANCE NO. MC-1622
AN ORDINANCE BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO ADOPTING A NEW
CHAPTER 8.79 OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE; ADOPTING FLOOD HAZARD MAPS;
DESIGNATING A FLOODPLAIN ADMINISTRATOR; AND
REPEALING CHAPTER 19.16 OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE.
WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of San Bernardino and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and
WHEREAS, the City of San Bernardino was accepted for participation in the National Flood Insurance Program on July 16, 1979, and the Mayor and City Council of the City of San Bernardino desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City of San Bernardino is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and WHEREAS, the Mayor and City Council of the City of San Bernardino has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the California Building Standards Code.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Adoption of Chapter 8.79. Chapter 8.79 of Title 8 of the San Bernardino Municipal Code is hereby adopted to read in its entirety as follows:
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Ordinance No. MC-1622
2 “CHAPTER 8.79
FLOODPLAIN MANAGEMENT
PART I. – SCOPE AND ADMINISTRATION
ARTICLE 101 GENERAL PROVISIONS
8.79.010 - Title. This chapter, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter “building codes,” consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes), shall be known as the Floodplain Management Regulations of the City of San Bernardino.
8.79.020 - Statutory authority. The legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
8.79.030 - Scope. The provisions of this chapter, in combination with the flood provisions of the building codes, shall apply to all proposed development entirely or partially in flood hazard areas established in Section 8.79.110 of this chapter.
8.79.040 – Purposes and objectives. The purposes and objectives of this chapter and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
a) Minimize unnecessary disruption of commerce, access and public service during times of flooding.
b) Require the use of appropriate construction practices in order to prevent or minimize future flood damage.
c) Manage the alteration of natural floodplains, stream channels and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain. d) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.
e) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
f) Contribute to improved construction techniques in the floodplain. g) Minimize damage to public and private facilities and utilities.
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3 h) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
i) Minimize the need for rescue and relief efforts associated with flooding. j) Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
k) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
l) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
8.79.050 - Coordination with the California Building Standards Code. Pursuant to the requirement established in State statute that the City of San Bernardino administer and enforce the California Building Standards Code, the Mayor and City Council of the City of San Bernardino hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this chapter is intended to be administered and enforced in conjunction with the building codes.
8.79.060 - Warning. The degree of flood protection required by this chapter and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of this chapter and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise this chapter to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this chapter.
8.79.070 - Disclaimer of liability. These regulations shall not create liability on the part of Mayor and City Council of the City of San Bernardino, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damage that results from reliance on this chapter, or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of this chapter, while acting for the community in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by a legal representative of the community until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that Packet Page. 1349
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4 is instituted in pursuance of the provisions of this chapter.
8.79.080 - Other laws. The provisions of this chapter shall not be deemed to nullify any provisions of local, State or federal law.
8.79.090 - Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, this chapter is not intended to repeal, abrogate, or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between this chapter and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.
ARTICLE 102 APPLICABILITY
8.79.100 - General applicability. These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.
8.79.110 - Establishment of flood hazard areas. The Flood Insurance Study for the County of San Bernardino, California and Incorporated Areas dated July 16, 1979, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of this chapter and serve as the basis for establishing flood hazard areas. Where the building code establishes flood hazard areas, such areas are established by this section. Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the following address: 825 E Third St. San Bernardino, CA 92415, County of San Bernardino, Department of Public Works.
8.79.120 - Interpretation. In the interpretation and application of this chapter, all provisions shall be:
a) Considered as minimum requirements.
b) Liberally construed in favor of the governing body.
c) Deemed neither to limit nor repeal any other powers granted under state statutes.
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5 ARTICLE 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
8.79.130 - Designation. The City Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate the performance of certain duties to other employees.
8.79.140 - General authority. The Floodplain Administrator is authorized and directed to administer and enforce this chapter. The Floodplain Administrator shall have the authority to render interpretations of this chapter and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of this chapter and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 107 of this chapter. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this chapter but that are not required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this chapter.
8.79.150 - Coordination. The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of this chapter. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 8.79.170 of this chapter.
8.79.160 - Duties. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall:
a) Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.
b) Review all applications and plans for development in flood hazard areas for compliance with this chapter.
c) Review, in coordination with the Building Official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.
d) Review applications and plans for modification of any existing development in flood hazard areas for compliance with this chapter.
e) Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
f) Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
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Ordinance No. MC-1622
6 g) Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.
h) Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobil home Installations when submitted by applicants. i) Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article 107 of this chapter.
j) Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
k) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. l) Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA). m) Inspect development in accordance with Article 106 of this chapter and inspect flood hazard areas to determine when development is undertaken without issuance of permits. n) Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article 107 of this chapter.
o) Cite violations in accordance with Article 108 of this chapter. p) Notify FEMA when the corporate boundaries of the City of San Bernardino have been modified and provide a map and legal description of the changes in the corporate boundaries.
8.79.170 - Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
a) Estimate the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building Packet Page. 1352
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7 or structure shall be the market value before the damage occurred and before any repairs are made.
b) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
d) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.
8.79.180 - Department records. In addition to the requirements of the building code and this chapter, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and this chapter; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood resistant provisions of the building codes.
ARTICLE 104 PERMITS FOR FLOODPLAIN DEVELOPMENT
8.79.190 - Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make an application to the Floodplain Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of this chapter and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine a permit for floodplain development is required in addition to a building permit.
8.79.200 - Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. The information provided shall:
a) Identify and describe the development to be covered by the permit. b) Describe the land on which the proposed development is to be conducted by legal Packet Page. 1353
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8 description, street address or similar description that will readily identify and definitely locate the site.
c) Indicate the use and occupancy for which the proposed development is intended. d) Be accompanied by a site plan and construction documents as specified in Article 105 of this chapter, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator.
e) State the valuation of the proposed work.
f) Be signed by the applicant or the applicant's authorized agent. g) Include such other data and information required by the Floodplain Administrator to demonstrate compliance with this chapter.
8.79.210 - Validity of permit. The issuance of a permit for floodplain development under this chapter or the building codes shall not be construed to be a permit for, or approval of, any violation of this chapter, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of this chapter.
8.79.220 - Other permits required. The applicant shall obtain all other required state and federal permits prior to initiating work authorized by this chapter and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to the California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
8.79.230 - Expiration. A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences.
Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.
8.79.240 - Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under this chapter wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this chapter or any ordinance or code of this community.
8.79.250 - Appeals of decisions. When it is alleged, there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of this chapter, such decision or determination may be appealed to the Council, Commission, and Packet Page. 1354
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9 Development Review Committee (DRC) by filing a written appeal setting forth the reasons of the appeal.
ARTICLE 105 SITE PLANS AND CONSTRUCTION DOCUMENTS
8.79.260 - Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development:
a) Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development. b) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 8.79.270 or Section
8.79.280 of this chapter.
c) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 8.79.270(b) of this chapter.
d) Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures. e) Location, extent, amount, and proposed final grades of any filling, grading, or excavation. f) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.
g) Existing and proposed alignment of any proposed alteration of a watercourse.
8.79.270 - Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to:
a) Require the applicant to include base flood elevation data prepared by a qualified CA Licensed Civil Engineer in accordance with currently accepted engineering practices.
Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer.
Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant. b) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.
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10 c) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
1) Require the applicant to include base flood elevation data in accordance with Section 8.79.270(a) of this chapter; or
2) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. d) Where the base flood elevation data are to be used to support a request for a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.
8.79.280 - Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this chapter, the applicant shall have the following analyses signed and sealed by a qualified CA Licensed Civil Engineer for submission with the site plan and construction documents:
a) For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 8.79.290 of this chapter and shall submit the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and construction documents.
b) For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the Flood Insurance Study or on the FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
c) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's floodcarrying capacity. The applicant shall submit the analysis to FEMA as specified in Section
8.79.290 of this chapter. The applicant shall notify the chief executive officer of adjacent communities and the California Department of Water Resources. The Floodplain Administrator shall maintain a copy of the notification in the permit records and shall Packet Page. 1356
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11 submit a copy to FEMA.
8.79.290 - Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.
ARTICLE 106 INSPECTIONS
8.79.300 - Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or the building code.
Inspections presuming to give authority to violate or cancel the provisions of this chapter or the building code or other ordinances shall not be valid.
8.79.310 - Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under this chapter. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.
8.79.320 - Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under this chapter. Upon installation of a manufactured home and receipt of the elevation certification required in Section 8.79.580 of this chapter the Floodplain Administrator shall inspect the installation or have the installation inspected.
8.79.330 - Buildings and structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:
a) Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.
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12 b) Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.
ARTICLE 107 VARIANCES
8.79.340 - Nature of variances. The considerations and conditions for variances set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance of a variance is for floodplain management purposes only. Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.
It is the duty of the Mayor and City Council of the City of San Bernardino to promote public health, safety and welfare and minimize losses from flooding. This duty is so compelling and the implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare. The long term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly limited. Therefore, the variance requirements in this chapter are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
8.79.350 – Variances; general. The Development Review Committee (DRC) shall hear and decide requests for variances from the strict application of this chapter.
8.79.360 - Limitations on authority. The Development Review Committee (DRC) shall base its determination on technical justifications submitted by applicants, the considerations and conditions set forth in this article, the comments and recommendations of the Floodplain Administrator and Building Official, as applicable, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this chapter and the building code.
8.79.370 - Records. The Floodplain Administrator shall maintain a permanent record of all variance actions, including justification for issuance.
8.79.380 - Historic structures. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic structure upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure.
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13 When the proposed work precludes the structure’s continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code.
8.79.390 - Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in Section 8.79.280(a) of this chapter.
8.79.400 - Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in Section 1612 of the building code (CCR Title 24 Part 2) or Section R322 of the residential code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.
8.79.410 - Considerations for issuance of variances. In reviewing applications for variances, all technical evaluations, all relevant factors, all other requirements of this chapter and the building code, as applicable, and the following shall be considered:
a) The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
b) The danger to life and property due to flooding or erosion damage. c) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners. d) The importance of the services provided by the proposed development to the community. e) The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable. f) The compatibility of the proposed development with existing and anticipated development. g) The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
h) The safety of access to the property in times of flood for ordinary and emergency vehicles. i) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site. j) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
8.79.420 - Conditions for issuance of variances. Variances shall only be issued upon:
a) Submission by the applicant of a showing of good and sufficient cause that the unique Packet Page. 1359
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14 characteristics of the size, configuration or topography of the site limit compliance with any provision of this chapter or renders the elevation standards of the building code inappropriate.
b) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable. c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or future property owners, or conflict with existing local laws or ordinances.
d) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
e) When the request is to allow construction of the lowest floor of a new building or substantial improvement of a building below the base flood elevation, notification to the applicant in writing over the signature of the Floodplain Administrator specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that issuance of a variance to construct below the elevation required in the building code will result in increased premium rates for federal flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the required elevation increases risks to life and property.
ARTICLE 108 VIOLATIONS
8.79.430 - Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this chapter or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.
8.79.440 - Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the building codes, but is regulated by this chapter and that is determined to be a violation.
8.79.450 - Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. Penalties, fines, and remediation fees will be determined by Public Works Department on case-by-case basis.
PART II. – DEFINITIONS
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15 ARTICLE 201 DEFINITIONS
8.79.460 – General. The following words and terms shall, for the purposes of this chapter, have the meanings shown herein. Where terms are not defined in this chapter and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in this chapter or the building code, such terms shall have ordinarily accepted meanings such as the context implies.
8.79.470 - Definitions
“Accessory Structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage. “Alteration of a watercourse” means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. “ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA.
Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code. “Base flood” means the flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in CCR Title 24 Part 2.]
”Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.] “Basement” means, for the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.] “Building code” means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this part.
(2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
(3) Part 10, applicable to existing buildings (as defined in that code). (4) Other specified codes.
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16 “Design flood” means the flood associated with the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
(1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year. (2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm). [Also defined in CCR Title 24 Part 2.] “Development” means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects, and other land-disturbing activities. “Encroachment” means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
"Exceptional hardship" means, for the purpose of variances from this chapter or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before July 16, 1979.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land from:
(1) The overflow of inland or tidal waters.
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17 (2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding. “Flood control project” means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization. “Flood damage-resistant materials” means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in CCR Title 24 Part 2.] “Flood hazard area” means the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.
“Flood Insurance Rate Map (FIRM)” means an official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community. [Also defined in CCR Title 24 Part 2.]
”Flood Insurance Study” means the official report provided by the Federal Emergency Management Agency containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM), the water surface elevation of the base flood and supporting technical data. [Also defined in CCR Title 24 Part 2.]
“Floodplain Administrator” means the community official designated by title to administer and enforce the floodplain management regulations.
“Floodway” means the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Also defined in CCR Title 24 Part 2.] "Fraud or victimization" means, for the purpose of variances from this chapter or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering. “Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities Packet Page. 1363
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18 necessary for the loading or unloading of cargo or passengers, and shipbuilding or ship repair facilities. The term does not include long-term storage, manufacture, sales or service facilities. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. "Historic structure" means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on the inventory of historic places maintained by the California Office of Historic Preservation; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the California Office of Historic Preservation.
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. “Light-duty truck” means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
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19 (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use. “Lowest floor” means the lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the building codes. [Also defined in CCR Title 24 Part 2.]
“Manufactured home” means a structure that is transportable in one or more sections, built on a permanent chassis, designed for use as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and constructed to the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development. Also see definitions in Health and Safety Code sections18000.(a)(2) and 18001.(a).
For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after July 16, 1979.
"Nuisance" means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. “Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to Packet Page. 1365
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20 be compliant with this chapter.
“Recreational vehicle” means a vehicle that is built on a single chassis, 400 square feet (37.16 m2) or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. Also see definitions in Health and Safety Code section 18010. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Special flood hazard area (SFHA)" means the land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30. [Also defined in CCR Title 24 Part 2.] “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.] “Substantial improvement” means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. When the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in CCR Title 24 Part 2.]
(1) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. “Utility and Miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.
“Variance” means a grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.
“Violation” means a development that is not fully compliant with this chapter or the flood provisions of the building code, as applicable.
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21 “Watercourse” means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
PART III. – FLOOD RESISTANT DEVELOPMENT
ARTICLE 301 BUILDINGS AND STRUCTURES
8.79.480 - Requirements for buildings and structures in flood hazard areas. Applications for building and structures within the scope of the building code that are proposed in flood hazard areas shall comply with the applicable requirements of the building code.
8.79.490 – Detached garages and accessory storage structures. Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:
a) Are one story and not larger than 600 square feet in area when located in special flood hazard areas.
b) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads. c) Have flood openings in accordance with the building code. d) Have flood damage-resistant materials used below the base flood elevation. e) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.
8.79.500 - Utility and Miscellaneous Group U. Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, fences more than 6 feet (1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:
a) New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood. b) New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24.
c) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access.
d) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE Packet Page. 1367
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22 24.
e) Flood damage-resistant materials shall be used below the design flood elevation. f) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24.
ARTICLE 302 SUBDIVISIONS
8.79.510 - Minimum requirements. Subdivision proposals in flood hazard areas, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:
a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
b) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage in accordance with Section 8.79.520 and Section 8.79.530 of this chapter, as applicable, and appropriate codes.
c) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
8.79.520 - Subdivision requirements. In addition to the requirements of Section 8.79.510 of this chapter, where any portion of proposed subdivisions, including proposals for manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
a) The flood hazard area, including floodways, as appropriate, shall be delineated on preliminary subdivision plats.
b) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 8.79.270(a) of this chapter.
c) When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer.
ARTICLE 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
8.79.530 - Minimum requirements. All proposed development in flood hazard areas shall be reviewed to determine that:
a) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
b) Where the proposed development has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in Packet Page. 1368
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23 accordance with Section 8.79.270(a) of this chapter. c) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage. d) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
8.79.540 - Sanitary sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.
8.79.550 - Water supply facilities. All new and replaced water supply facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.
8.79.560 - Development in floodways. Development, site improvements and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in Section 8.79.280(a) of this chapter demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge.
8.79.570 - Limitations on placement of fill. Subject to the limitations of this chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the building code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of Section 8.79.290 of this chapter.
ARTICLE 304 INSTALLATION OF MANUFACTURED HOMES
8.79.580 - Installation. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of this chapter. In addition to permits pursuant to this chapter, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.
8.79.590 - Foundations. All new and replacement manufactured homes, including substantial improvement of manufactured homes installed in flood hazard areas shall be installed on Packet Page. 1369
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24 permanent, reinforced foundations that are designed in accordance with the foundation requirements of Section R322.2 of the residential code (CCR Title 24 Part 2.5) and this chapter.
Foundations for manufactured homes subject to Section 8.79.620 of this chapter are permitted to be reinforced piers or other foundation elements of at least equivalent strength.
8.79.600 - Anchoring. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind loads and seismic loads.
8.79.610 - General elevation requirement. Unless subject to the requirements of Section
8.79.620 of this chapter, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation.
8.79.620 - Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 8.79.610 of this chapter, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the:
a) Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation. b) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.
8.79.630 - Flood damage-resistant materials. Materials below elevated manufactured homes shall comply with the flood-damage resistant materials requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).
8.79.640 - Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part
2.5).
8.79.650 - Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are Packet Page. 1370
Ordinance No. MC-1622
25 constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section
8.79.610 or Section 8.79.620, as applicable, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
ARTICLE 305 RECREATIONAL VEHICLES
8.79.660 - Temporary placement. Recreational vehicles in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use.
Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches.
8.79.670 - Permanent placement. Recreational vehicles that do not meet the limitations in Section 305-1 for temporary placement shall meet the requirements of Article 304 for manufactured homes.
ARTICLE 306 OTHER DEVELOPMENT
8.79.680 - General requirements for other development. All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the building code, shall:
a) Be located and constructed to minimize flood damage. b) Meet the limitations of Section 8.79.560 of this chapter when located in a regulated floodway.
c) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. d) Be constructed of flood damage-resistant materials.
e) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.
8.79.690 - Tanks. Tanks that serve buildings shall comply with the requirements of the building code. Underground and above-ground tanks that serve other purposes shall be designed, constructed, installed and anchored in accordance with ASCE 24.
8.79.700 - Requirements for temporary structures and temporary storage in flood hazard areas. Temporary structures shall be erected for a period of less than 180 days and temporary Packet Page. 1371
Ordinance No. MC-1622
26 storage of goods and materials shall be permitted for a period of less than 180 days. Extensions may be granted in accordance with Section 8.79.230 of this chapter. In addition, the following apply:
a) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters. b) Temporary stored materials shall not include hazardous materials. c) The requirements of Section 8.79.560 of this chapter, when located in floodways.
8.79.710 - Fences in floodways. Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section
8.79.560 of this chapter.
8.79.720 - Oil derricks. Oil derricks located in flood hazard areas shall be designed in conformance with flood loads required by the building code.
8.79.730 - Retaining walls, sidewalks and driveways in floodways. Retaining walls and sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of Section 8.79.560 of this chapter and the requirements for site grading in Chapter 18 of the building code.
8.79.740 - Roads and watercourse crossings in floodways. Roads and watercourse crossings that encroach into floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the limitations of Section 8.79.560 of this chapter. Alteration of a watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of Section 8.79.280(c) of this chapter.
8.79.750 - Swimming pools. Above-ground swimming pools, on-ground swimming pools, and inground swimming pools that involve placement of fill in floodways shall meet the requirement of Section 8.79.560 of this chapter.
ARTICLE 307 FLOOD CONTROL PROJECTS
8.79.760 - Flood control projects; general. In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects.
The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map Packet Page. 1372
Ordinance No. MC-1622
27 Revision issued by FEMA.
8.79.770 - Flood control projects; applications. Applications for permits for flood control projects shall include documentation including but not limited to:
a) Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM. b) Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations. c) The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than 0.00 feet, or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.”
SECTION 3. Applicability. For the purposes of jurisdictional applicability, this Ordinance shall apply in the City of San Bernardino. This Ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this Ordinance.
SECTION 4. Chapter 19.16 Repealed. Chapter 19.16 (FP (Flood Plain Overlay) Zone) of the San Bernardino Municipal Code is hereby repealed.
SECTION 5. Inclusion into the San Bernardino Municipal Code. It is the intent of the City Council of the City of San Bernardino that the provisions of this Ordinance shall become and be made a part of the San Bernardino Municipal Code, and that the sections of this Ordinance may be renumbered or re-lettered and the word “ordinance” may be changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in order to accomplish such intentions.
SECTION 6. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared.
SECTION 7. Effective Date. This Ordinance shall become effective 30 days after the date of its adoption.
SECTION 8. Notice of Adoption. The 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.
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Ordinance No. MC-1622
28 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested to by the Clerk this ___ day of __________________, 2023.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia R. Carvalho, City Attorney
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Ordinance No. MC-1622
29 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-1622, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ___day of _______________, 2023. Ordinance No. MC-1622 was approved, passed and adopted at a regular meeting held the ___ day of _______________, 2023, by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _______________, 2023.
____________________________________
Genoveva Rocha, CMC, City Clerk
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ADOPTION: FLOODPLAIN
ORDINANCE MC-1622 (FPO)
Presented by
City of San Bernardino
Public Work Department
December 6, 2023
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Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
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National Flood Insurance Program
• Purpose
• Enables property owners in participating communities
to purchase flood insurance.
• Background
• Established by the U.S. Congress through the
National Flood Insurance Act of 1968.
• Administered by the Federal Emergency Management
Agency (FEMA).
• Partnership / mutual agreement between the Federal
Government and State and local governments.
• City applied and was accepted into the NFIP on July
16, 1979.
• FEMA and State Dept. of Water Resources (DWR)
last updated the regulations in August 2020.
• City last updated the Floodplain Ordinance on
January 2, 2014.
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• Requirements
• Jurisdictions must adopt the latest floodplain regulations and a floodplain ordinance.
• Regulations must be in accordance with FEMA and DWR
requirements.
• Process
• Repealing Chapter 19.16 of the City Municipal Code, which contains outdated floodplain regulations.
• Adopt a new Chapter 8.79 of the City Municipal Code for the up-to-date Floodplain Ordinance.
• Adopt Flood Insurance Rate Map and Flood Insurance Study when finalized by DWR.
• Designate City Engineer to be the Floodplain Administrator.
National Flood Insurance Program
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Adopting and enforcing flood maps and a flood damage prevention ordinance. Recognizing flood hazards in community planning.
Requiring permits for all types of development in the floodplain. Assuring that building sites are reasonably safe from flooding. establishing base flood elevations (BFE) where not determined on Flood Insurance Rate Map.
Requiring new and substantially improved homes and manufactured homes to be elevated above the BFE.
Requiring non-residential buildings to be elevated above the BFE or dry flood-proofed.
Proposed Regulations
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Determining if damaged buildings are substantially damaged. Conducting field inspections.
Citing and issuing remedy violations.
Requiring and maintaining surveyed elevation information to document compliance. Carefully considering requests for variances
Resolving non-compliance and violations of floodplain management requirements. Advising and working with FEMA and the State when updates to flood maps are needed. Maintaining records for review.
Responding to periodic requests for reports to FEMA.
Proposed Regulations
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There is no fiscal impact to the City‘s General Fund as a result of this action.
Fiscal Impact
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Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.
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Questions?
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
By: Mary E. Lanier, Interim Director of Community
Development and Housing
Department: Community, Housing, & Economic Development (CED) Subject: Public Hearing on Annexation No. 28A to Community Facilities District 2019-1 (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-023 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying the amended special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 28A); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-024 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29; and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC1623 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, Packet Page. 1385
street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1623 for February 21, 2024.
Executive Summary
The recommended action is the second 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 on the maintenance service of public facilities as a result of the new development. The City Council approved the Resolution of Intention on December 6, 2023, setting today the time and place of the public hearing. The special taxes will be levied annually to offset general fund expenditures related to the maintenance of public improvements within and for the benefit of the development.
Background
On December 7, 2022, the Mayor and City Council adopted Resolution No. 2022-263, 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”.
On December 6, 2023, the Mayor and City Council were presented with a request to adjust the rates previously approved on December 7, 2022, to include additional maintenance of slopes and open space. The Mayor and City Council adopted Resolution No. 2023-178, declaring its intent to amend Resolution No. 2022-263 and adjust the rates previously approved. A public hearing was set for January 17, 2024, on the proposed amendment to Tax Zone 29 of CFD No. 2019-1.
The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 24.83 gross acres of a vacant residential lot within the City, requesting that the City assist them in amending CFD No. 2019-1 Tax Zone 29 under the Mello-Roos Act. The proposed project will remain unchanged and consists of 20 detached single-family lots. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax-exempt securities that are repaid by annual levy of special taxes or to provide for the financing of ongoing public services. The landowner requested the City amend CFD No. 2019-1 Tax Zone 29 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within CFD No. 2019-1 Tax Zone 29 are the following:
1. Maintenance of median landscaping and other public improvements installed within the public right-of-way; and
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2. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and
3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.
Tax Zone 29 is located at N Little League Drive north of Ohio Avenue, as shown in Attachment #12.
The amended maximum annual special tax for this development has been calculated to be $595 per unit for FY 2023/24. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the MelloRoos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.
In order to amend CFD No. 2019-1 Tax Zone 29 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance, which are summarized below. • Resolution declaring City intent to amend the rate and method of apportionment of special taxes within Community Facilities District No. 2019-1 Tax Zone 29 (the special tax applies only to properties within the annexation area), adopted December 6, 2023.
• Resolution calling an election to submit to the qualified electors the question of levying an amended special tax within Community Facilities District No. 2019-1 Tax Zone 29.
• Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.
With the adoption of the Resolutions and the first reading of the amended Ordinance, the adoption of the amended Ordinance would be scheduled for February 21, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on January 17, 2024, on the issue of the amending the special tax for CFD No. 2019-1 Tax Zone 29. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.
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Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-023, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2024-024 declaring the results of the election.
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
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 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:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-023 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying an amended special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29; and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-024 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29; and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1623 Packet Page. 1388
of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1623 for February 21, 2024.
Attachments
Attachment 1 - Resolution No. 2024-023 Calling Election Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Resolution No. 2024-024 Declaring Election Results Attachment 6 - Exhibit A Certificate of Election Results Attachment 7 - Ordinance No. MC-1623
Attachment 8 - Exhibit A Description of Services
Attachment 9 - Exhibit B Parcel List
Attachment 10 - Petition
Attachment 11 - PowerPoint Presentation
Attachment 12 - Project Map
Ward:
Fifth 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.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for
Community Facilities District No. 2019-1; and 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.
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August 7, 2019 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.
December 7, 2022 Mayor and City Council adopted Resolution No. 2022-263, 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”.
January 18, 2023 Mayor and City Council adopted Resolution No. 2023-001 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. 28), and adopted Resolution No. 2023-002 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 28); and introduced Ordinance No. MC-1608 amending Ordinance No. MC-1522.
December 6, 2023 Mayor and City Council adopted Resolution No. 2023-178 amending Resolution No. 2022-263 and adjust the special tax rates previously approved within Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29 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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Resolution No. 2024-023
Resolution No. 2024-023
January 17, 2024
1 of 6
RESOLUTION NO. 2024-023
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING
AN AMENDED SPECIAL TAX WITHIN THE AREA OF
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) TAX ZONE 29
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
WHEREAS, the City Council on December 7, 2022 duly adopted Resolution No. 2022- 263 (the “Original Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for January 18, 2023; and
WHEREAS, the City Council on January 18, 2023 duly adopted Resolution No. 2023-001 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. 28), and adopted Resolution No. 2023-002 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 28); and introduced Ordinance No. MC-1608 amending Ordinance No. MC-1522; and
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Resolution No. 2024-023
Resolution No. 2024-023
January 17, 2024
2 of 6
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 28 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded on December 8, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 86, in the office of the San Bernardino County Recorder; and
WHEREAS, the City Council on December 6, 2023 duly adopted Resolution No. 2023- 178 (the “Resolution of Intention”) amending special tax rates to CFD No. 2019-1 (Maintenance Services) Tax Zone 29 and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for January 17, 2024; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on January 17, 2024, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed amendment of special tax rates to CFD No. 2019-1 Tax Zone 29. At the hearing, the testimony of all interested persons for or against the amendment of the special taxes will be heard. If and to the extent participation in the January 17, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1 Tax Zone 29, or by the owners of one-half (1/2) or more of the territory; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory of CFD No. 2019-1 Tax Zone 29 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the amendment of special tax rates to the CFD No. 2019-1 Tax Zone 29 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory of CFD No. 2019-1 Tax Zone 29 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
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Resolution No. 2024-023
Resolution No. 2024-023
January 17, 2024
3 of 6
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. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3. Findings Regarding Protests. The City Council finds and determines that written protests to CFD No. 2019-1 Tax Zone 29 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council, with respect to the amendment of special tax rates of CFD No. 2019-1 Tax Zone 29, are valid and in conformity with the requirements of the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory of CFD No. 2019-1 Tax Zone 29, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92410, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory to the qualified electors, in accordance with and subject to the Act. The special election shall be held on January 17, 2024, and shall be conducted as follows:
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Resolution No. 2024-023
Resolution No. 2024-023
January 17, 2024
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(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory of CFD No. 2019-1 Tax Zone 29 on December 4, 2023 (a date within the 90 days preceding the close of the public hearing on the amended special taxes of CFD No. 2019-1 Tax Zone 29), the qualified electors shall be the landowners within territory, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory of CFD No. 2019-1 Tax Zone 29. (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory of CFD No. 2019-1 Tax Zone
29. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on January 17, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on January 17, 2024, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.
SECTION 10. Filing of Resolution with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution of CFD No. 2019-1 Tax Zone 29 in her office.
SECTION 11. 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 12. 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.
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Resolution No. 2024-023
Resolution No. 2024-023
January 17, 2024
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SECTION 13. Effective Date. This Resolution shall become effective immediately.
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Resolution No. 2024-023
Resolution No. 2024-023
January 17, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January 2024.
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. 2024-023
Resolution No. 2024-023
January 17, 2024
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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. 2024-023, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
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EXHIBIT A
DESCRIPTION OF ANNEXED TERRITORY
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 28 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
0348-111-51 Verdemont Ranch 20 LLC
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EXHIBIT B
AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
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Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1399 “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.
City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1400 “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
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Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1401 “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1402 Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
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Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1403 TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)
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Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1404 The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1405 Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1406 Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1407 I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1408
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AMENDED COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1.
TAX ZONE 29
TR 17329
Item
1 Description
Landscaping
Estimated Cost
$7,618
2 3
4 Lighting
Reserves
Admin
$1,741
$1,292
$1,250
Total $11,901
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.
TAX ZONE 29
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Single-Family Residential
Multi-Family Residential
Non-Residential Property
Taxable
Unit
RU
RU
Acre
Maximum
Special Tax A
$595
Maximum
Special Tax B
$0
$0
$0
$595
$571
TAX ZONE 29
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $571 $0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services) 11 Packet Page. 1409
TAX ZONE SUMMARY
Tax
Zone
1 2
3 4
5 6
7 Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Annexation Special Tax B
Original
1 Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
17329 $473 / RU $0 / RU
2 3
4 5
6 7
8 9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$588 / RU $0 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28 29
30 31
32 PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32 33
34 33
34 35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC 4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLC CUP 21-16
35 36
37 38
39 40
41 36
37 38
39 40
41 42
CUP 22-03
LM 2022-007
TR 18895
LLA 2023-008
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
2023-24
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$3,081 / Acre
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services) 12 Packet Page. 1410
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1411
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
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 include all costs attributable 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 similar 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 include, without limitation, 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 situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality 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 replacement 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 appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items 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 subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and 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 the Rate and Method of Apportionment.
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 provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1412
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services) 15 Packet Page. 1413
Packet Page. 1414
Packet Page. 1415
EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 29
(January 17, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
Verdemont Ranch 20, LLC 24.83 25
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory of CFD No. 2019-1 Tax Zone 29, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels.
This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than January 3, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on January 17, 2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on January 17, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 1416
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Verdemont Ranch 20, LLC
Attn: Felizardo Robles Jr.
434 N. 2nd Ave.
Upland, CA 91786
0348-111-51
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to amend special taxes to Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29 adopted by the City Council on December 6, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 28 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.
Felizardo Robles Jr.
Manager
Signature
Print Name
Title
Packet Page. 1417
Resolution No. 2024-024
Resolution No. 2024-024
January 17, 2024
1 of 3
RESOLUTION NO. 2024-024
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1, (MAINTENANCE
SERVICES) TAX ZONE 29
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the amendment to special taxes of Community Facilities District No. 2019-1 (Maintenance Services) Tax Zone 29 (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2024-024 calling a special election for January 17, 2024, and submitting to the qualified electors of the territory within CFD No. 2019-1 Tax Zone 29 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated January 17, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed, and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot 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. Ballot Measure. This Council hereby finds, determines, and declares that the ballot measure submitted to the qualified electors of the territory within CFD No. 2019-1 Tax Zone 29 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.
SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine amendment of special taxes within the territory of CFD No. 2019-1 Tax Zone 29 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said Section Packet Page. 1418
Resolution No. 2024-024
Resolution No. 2024-024
January 17, 2024
2 of 3
53339.8, to annually levy special taxes within the territory to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2023-178 adopted by the Mayor and City Council on December 6, 2023. The boundaries of the territory are shown on the map entitled, "Annexation Map No. 28 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on December 8, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 86, in the office of the San Bernardino County Recorder.
SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including Tax Zone 29.
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 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1419
Resolution No. 2024-024
Resolution No. 2024-024
January 17, 2024
3 of 3
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. 2024-024, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 1420
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 29
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated December 4, 2023, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
Verdemont Ranch 20, LLC 25 25
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 1421
Ordinance No. MC-1623
1 ORDINANCE NO. MC-1623
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 January 17, 2024, 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 Packet Page. 1422
Ordinance No. MC-1623
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 17th day of January, 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 1423
Ordinance No. MC-1623
3 Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1424
Ordinance No. MC-1623
4 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- 1623, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 17th day of January 2024. Ordinance No. MC-1623 was approved, passed and adopted at a regular meeting held the ___day of ______, 2024 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 _____, 2024.
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 include all costs attributable 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 similar 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 include, without limitation, 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 situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality 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 replacement 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 appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items 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 subdivisions 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 provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.
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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of February 7, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25 Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25 Packet Page. 1427
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38
28A Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40 Packet Page. 1428
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Public Hearing
CFD No. 2019-1, Annexation No. 28A - Tax Zone 29 Amendment:
TR 17329 (Verdemont Ranch 20, LLC)
Presented By: Spicer Consulting Group Packet Page. 1433 Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Recommended Action
1. City Council initiate amendment of special tax rates to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) tax zone 29 ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for February 21, 2024.
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Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Discussion
• The Property Owner, Verdemont Ranch 20, LLC, has requested the City assist them in amending the special taxes within CFD No. 2019-1 Tax Zone 29 to cover the additional costs associated with including additional slopes and open space with the maintenance of Public Improvements.
• The area proposed within Annexation No. 28A includes one (1) parcel, APN 0348-111-51.
• On December 6, 2023, the City Council adopted Resolution No. 2023- 178, a Resolution of Intention to amend the special tax rates of CFD No. 2019-1 Tax Zone 29 and hold a Public Hearing on January 17, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night.
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Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Discussion (Cont.)
• The proposed maximum annual tax of $595 per unit for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 29.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
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Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including streetlights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
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Project Location
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Public Hearing on CFD 2019-1 Tax Zone 29 Amendment
Fiscal Impact
• It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $11,901. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund.
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Questions?
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CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 28
PROJECT MAP
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
By: Mary E. Lanier, Director of Community Development and Housing Department: Community Development and Housing
Subject: Public Hearing on Annexation No. 37 to Community Facilities District 2019-1 (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-025 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 37); and
3. Hold a special landowner election and canvass the election; and
4. Adopt Resolution No. 2024-026 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 37); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1624 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
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6. Schedule the adoption of Ordinance No. MC-1624 for February 21, 2024.
Executive Summary
The recommended actions are the second 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 on maintenance services of public facilities as a result of the new development. The City Council approved the Resolution of Intention on December 6, 2023, setting today the time and place of the public hearing. The special taxes will be levied annually to offset general fund expenditures related to the maintenance of public improvements within and for the benefit of the development.
Background
On December 6, 2023, the Mayor and City Council adopted Resolution No. 2023-177, 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”. A public hearing was set for January 17, 2024, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on December 7, 2023, at 1:15 p.m. in Book 91 Page 31, Document No. 2023-0303118 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.
The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 2.05 gross acres of empty residential lots within the City, requesting that the City assist them in annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of 12 detached single-family lots. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:
1. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and
2. Maintenance of streets, including pavement management; and
3. Maintenance of Parks; and
4. Graffiti abatement; and
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5. City and County costs associated with the setting, levying, and collection of the special tax, and in the administration of the District, including the contract administration and for the collection of reserve funds.
The proposed area to be annexed into the CFD will be included in Tax Zone 38 and is located at the northeast corner of Mill Street and Macy Street, as shown in Attachment #12.
The maximum annual special tax for this development has been calculated to be $706 per unit for FY 2023/24. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owner has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982.
The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.
In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance, which are summarized below. • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted December 6, 2023.
• Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.
With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for February 21, 2024.
Discussion
The Resolution of Intention called for a public hearing to be held on January 17, 2024, on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the Mayor and City Council must hold a public hearing and consider any protests against the formation of the CFD. If the owners of one-half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.
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Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing.
If the Mayor and City Council adopt Resolution No. 2024-025, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2024-026 declaring the results of the election.
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
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated that upon full completion of the development, there will be an annual collection of special tax revenues of approximately $8,471 from Special Tax A to be used to pay for maintenance costs within the development.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing; and
2. Adopt Resolution No. 2024-025 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 37); and
3. Hold a special landowner election and canvass the election; and Packet Page. 1445
4. Adopt Resolution No. 2024-026 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 37); and
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1624 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and
6. Schedule the adoption of Ordinance No. MC-1624 for February 21, 2024.
Attachments
Attachment 1 - Resolution No. 2024-025 Calling Election Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Resolution No. 2024-026 Declaring Election Results Attachment 6 - Exhibit A Certificate of Election Results Attachment 7 - Ordinance No. MC-1624
Attachment 8 - Exhibit A Description of Services
Attachment 9 - Exhibit B Parcel List
Attachment 10 - Petition
Attachment 11 - PowerPoint Presentation
Attachment 12 - Project Map
Ward:
Third 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.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for
Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be
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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 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.
December 6, 2023 Mayor and City Council adopted Resolution No. 2023-177, 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”.
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Resolution No. 2024-025
Resolution No. 2024-025
January 17, 2024
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RESOLUTION NO. 2024-025
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CALLING AN ELECTION TO SUBMIT TO THE
QUALIFIED ELECTORS THE QUESTION OF LEVYING A
SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
37)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019, after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and
WHEREAS, the City Council on December 6, 2023, duly adopted Resolution No. 2023- 177 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for January 17, 2024; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 37 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on December 7, 2023, in Book 91 of Maps of Assessment and Community Facilities Districts at Page 31, in the office of the San Bernardino County Recorder; and
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Resolution No. 2024-025
Resolution No. 2024-025
January 17, 2024
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WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on January 17, 2024, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the January 17, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.
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. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the Packet Page. 1449
Resolution No. 2024-025
Resolution No. 2024-025
January 17, 2024
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special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.
SECTION 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council, with respect to the annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92410, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1.
SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on January 17, 2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on December 4, 2023 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.
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Resolution No. 2024-025
Resolution No. 2024-025
January 17, 2024
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(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on January 17, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on January 17, 2024, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.
SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office.
SECTION 11. 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 12. 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 13. Effective Date. This Resolution shall become effective immediately.
Packet Page. 1451
Resolution No. 2024-025
Resolution No. 2024-025
January 17, 2024
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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1452
Resolution No. 2024-025
Resolution No. 2024-025
January 17, 2024
6 of 6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-025, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 1453
EXHIBIT A
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. 37 is currently comprised of twelve (12) parcels, located within the City boundaries.
The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0142-621-13 MV RE Holdings LLC
0142-621-14 MV RE Holdings LLC
0142-621-15 MV RE Holdings LLC
0142-621-16 MV RE Holdings LLC
0142-621-17 MV RE Holdings LLC
0142-621-18 MV RE Holdings LLC
0142-621-19 MV RE Holdings LLC
0142-621-20 MV RE Holdings LLC
0142-621-21 MV RE Holdings LLC
0142-621-22 MV RE Holdings LLC
0142-621-23 MV RE Holdings LLC
0142-621-24 MV RE Holdings LLC
Packet Page. 1454
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1455 “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.
City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1456 “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
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Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1457 “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1458 Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:
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Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1459 TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum
Special Tax A
$961
Tract
TR 17170
Land Use Category
Single Family Residential
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)
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Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1460 The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone
1 Taxable
Unit
RU
Maximum Special
Tax B (Contingent)
$0
Tract
TR 17170
Land Use Category
Single Family Residential Property
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1461 Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tax B (Contingent)
$0
Tracts
TR 17170
Taxable Unit
1 Acre
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1462 Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
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Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1463 I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
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Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1464
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1.
TAX ZONE 38
TR 18895
Item
1 Description
Lighting
Estimated Cost
$373
2 3
4 5
6 Streets
Parks
Graffiti
Reserves
Admin
$4,836
$1,865
$79
$68
$1,250
Total $8,471
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.
TAX ZONE 38
FY 2023-24 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Single Family Residential Property
Taxable
Unit
Maximum
Special Tax A
$706
Maximum
Special Tax B
RU $0
TAX ZONE 38
FY 2023-24 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Acre
Maximum
Special Tax A
$3,667
Maximum
Special Tax B
$0
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services) 11 Packet Page. 1465
TAX ZONE SUMMARY
Tax
Zone
1 2
3 4
5 6
7 Tract
APN
17170
Fiscal
Year
Maximum
Special Tax A
$961 / RU
Maximum
Annexation Special Tax B
Original
1 Subdivider
Santiago Communities, Inc.
JEC Enterprises, Inc.
GWS #4 Development, LLC
Devore Storage Facility, LLC
TH Rancho Palma, LLC
Strata Palma, LLC
2019-20
2019-20
2020-21
2019-20
2020-21
2020-21
2020-21
2021-22
2021-22
2021-22
2021-22
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
2022-23
$0 / RU
17329 $473 / RU $0 / RU
2 3
4 5
6 7
8 9
PM 19814
0266-041-39
TR 20006
PM 19701
PM 20112
TR 20293
LM 2019-021
TR 20189
LD 1900086
TR 20305
LLA 2020-004
TR 5907
0136-191-21
TR 20216
TR 20145
CUP 20-07
TR 20258
LM 21-10
$608 / Acre
$1,136 / Acre
$344 / RU
$0 / Acre
$0 / Acre
$57 / RU
$528 / Acre
$0 / Acre
$334 / Acre
$232 / Acre
$154 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
$0 / RU
$1,895 / Acre
$3,197 / Acre
$2,913 / Acre
$815 / Acre
$490 / Acre
$1,472 / Acre
$175 / Acre
$1,169 / Acre
$2,268 / Acre
$5,277 / Acre
$7,089 / Acre
$646 / RU
San Bernardino Medical Center LLC
ICO Fund VI, LLC
TR 2600 Cajon Industrial LLC
Central Commerce Center, LLC
Lankershim Industrial, LLC
Prologis, LP
Dreamland Real Estate Holdings
Magic Laundry Services, Inc.
Ahmad Family Trust
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 Gateway SB, LLC
RCH-CWI Belmont, LP
George A. Pearson
RGC Family Trust
170 East 40th Street, LLC
108 Highland, LP
SBABP IV, LLC
1300 E Highland Ave LLC
Vone SB, LLC
PI Properties, LLC
Pacific West Company, et al.
$7,433 / Acre $0 / Acre
$588 / RU $0 / RU
$5,284 / Acre
$6,397 / Acre
$807 / Acre
$847 / Acre
$1,385 / Acre
$174 / RU
$0 / Acre
$0 / Acre
$0 / Acre
$320 / Acre
$978 / Acre
$17 / RU
$45 / RU
LM 22-04
LM 2021-013
TR 4592
LLA 2020-005
TR 20494
TR 20495 $204 / RU
To Be Determined
$1,851 / Acre
$595 / RU
$922 / Acre
$2,957 / Acre
$358 / Acre
28 29
30 31
32 PM 20320
TR 17329
LL 2022-11
PM 20143
PM 20334
PM 3613,
2022-23
2023-24
2022-23
2022-23
2023-24
$292 / Acre
$0 / RU
$372 / Acre
$1,855 / Acre
$94 / Acre
SB Drake Central Avenue LLC
Verdemont Ranch 20, LLC
CIVF VI – CA1W01, LLC
California Cajun Properties LLC
Elliott Precision Block Co.
32 33
34 33
34 35
2022-23
2023-24
2023-24
$1,094 / Acre
$2,785 / Acre
$533 / Acre
$186 / Acre
$158 / Acre
$193 / Acre
S.B. Universal Self Storage LLC 4230 & 4250
PM 20392 GWS#7 Development, LLC
MLG SB Land LLC &
Grandfather’s Land Holdings LLC CUP 21-16
35 36
37 36
37 38
CUP 22-03
LM 2022-007
TR 18895
2023-24
2023-24
2023-24
$6,648 / Acre
$1,261 / Acre
$706 / RU
$0 / Acre
$0 / Acre
$0 / Acre
SimonCRE JC Saguaro III, LLC
DP Industrial Parkway LLC
MV RE Holdings LLC
In-N-Out Burgers, a California
Corporation 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre 39 40
41 40
41 42
LM 2022-19
LLA 2023-010
PM 20216
2023-24
2023-24
2023-24
$473 / Acre
$2,132 / Acre
$7,925 / Acre
$0 / Acre
$0 / Acre
$0 / Acre
PME Oakmont Tippecanoe LP
Shandon Hills Plaza LLC
Inland Maple Partners LLC
City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services) 12 Packet Page. 1466
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1467
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
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 include all costs attributable 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 similar 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 include, without limitation, 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 situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality 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 replacement 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 appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items 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 subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and 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 the Rate and Method of Apportionment.
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 provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.
City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services) Packet Page. 1468
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services) 15 Packet Page. 1469
SHEET 1 OF 1 SHEET
ANNEXATION MAP NO. 37
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES), OF THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
THIS MAP WAS FILED UNDER DOCUMENT
_____________, THIS _______ DAY OF _______, 20 ____,
AT _____ M. IN BOOK _____ OF ______________ AT PAGE ____,
AT THE REQUEST OF CITY OF SAN BERNARDINO IN THE AMOUNT
OF $_____________.
NUMBER
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
JUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 32 AND
AS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA.
CHRIS WILHITE
ASSESSOR-RECORDER
SAN BERNARDINO COUNTY
BY:________________________________
DEPUTY RECORDER
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1
(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AT
ON THE ____ DAY OF ____________________,
A REGULAR MEETING THEREOF, HELD
20 ____.
BY ITS RESOLUTION NO. ____________________
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO
FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF ________, 20 ____. 38
_________________________________________
CITY CLERK, CITY OF SAN BERNARDINO
þ18 þ330
¤66
þ þ 210 þ 259 0 ¤66
CFD 2019-1
TAX ZONE 38
¤66 LEGEND _ §¦215
ANNEXATION AREA BOUNDARY
þ PARCEL LINE
§¦10 38
CITY BOUNDARY
-
THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR
PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2023-24.
XXXX-XXX-XX
38 ASSESSOR PARCEL NUMBER (APN)
TAX ZONE
Packet Page. 1470
Packet Page. 1471
EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 37
(January 17, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
MV RE Holdings LLC 2.97 3
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than January 3, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on January 17, 2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on January 17, 2024.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Page. 1472
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
MV RE Holdings LLC
Attn: Steve Landis
PO Box 9559
Alta Loma, CA 91701
0142-621-13, -14, -15, -16, -17,
-18, -19, -20, -21, -22, -23, -24
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on December 6, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 37 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.
Steve Landis
Manager
Signature
Print Name
Title
Packet Page. 1473
Resolution No. 2024-026
Resolution No. 2024-026
January 17, 2024
1 of 3
RESOLUTION NO. 2024-026
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 37)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2024-026 calling a special election for January 17, 2024 and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated January 17, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot 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. Ballot Measure. This Council hereby finds, determines, and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.
SECTION 3. Annexation. This Council hereby finds, determines, and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said Packet Page. 1474
Resolution No. 2024-026
Resolution No. 2024-026
January 17, 2024
2 of 3
Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2023-177 adopted by the Mayor and City Council on December 6, 2023. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 37 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on December 7, 2023, in Book 91 of Maps of Assessment and Community Facilities Districts at Page 31, in the office of the San Bernardino County Recorder.
SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory.
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 17th day of January 2024.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1475
Resolution No. 2024-026
Resolution No. 2024-026
January 17, 2024
3 of 3
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. 2024-026, adopted at a regular meeting held on the 17th day of January 2024 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 ____________ 2024.
Genoveva Rocha, CMC, City Clerk
Packet Page. 1476
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 37
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated December 4, 2023, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date.
Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
MV RE Holdings LLC 3 3
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Page. 1477
Ordinance No. MC-1624
1 ORDINANCE NO. MC-1624
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 January 17, 2024, 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 Packet Page. 1478
Ordinance No. MC-1624
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 17th day of January, 2024.
Helen Tran, Mayor
City of San Bernardino
Packet Page. 1479
Ordinance No. MC-1624
3 Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Page. 1480
Ordinance No. MC-1624
4 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-1624, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 17th day of January 2024. Ordinance No. MC-1526 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2024 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 _____, 2024.
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 include all costs attributable 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 similar 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 include, without limitation, 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 situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality 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 replacement 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 appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items 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 subdivisions 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 provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.
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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2023-24
(Effective as of February 7, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25 Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25 Packet Page. 1483
Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38
28A Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40 37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
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PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.
2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code.
6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the Packet Page. 1485
Packet Page. 1486
Public Hearing
CFD No. 2019-1 Annexation No. 37:
TR 18895 (MV RE Holdings LLC)
Presented By: Spicer Consulting Group Packet Page. 1487 Public Hearing on CFD 2019-1 Annexation No. 37
Recommended Action
1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and
2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and
3. Schedule the adoption of the Amended Ordinance for February 21, 2024.
Packet Page. 1488
Public Hearing on CFD 2019-1 Annexation No. 37
Discussion
• The Property Owner, MV RE Holdings LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. • The area proposed within Annexation No. 37 includes twelve (12) parcels, APNs 0142-621-13 thru 0142-621-24.
• On December 6, 2023, the City Council adopted Resolution No. 2023- 177, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on January 17, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night.
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Public Hearing on CFD 2019-1 Annexation No. 37
Discussion (Cont.)
• The proposed maximum annual tax of $706 per unit for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 38.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
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Public Hearing on CFD 2019-1 Annexation No. 37
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.
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Project Location
Packet Page. 1492
Public Hearing on CFD 2019-1 Annexation No. 37
Fiscal Impact
• It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $8,471. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund.
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Questions?
Packet Page. 1494
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CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 37
PROJECT MAP
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Suzie H. Soren, Deputy City Manager
Department: Human Resources
Subject: Adopting Resolution No. 2024-027 and Introducing Ordinance No. MC-1625 Amending Chapter 2.10 and
Chapter 2.15, Adding Chapter 2.83, and Amending
Sections 3.16.060 and 19.70.036(D)(14)(D) of the San
Bernardino Municipal Code Regarding Updating Titles
and Organizational Duties of Various City
Departments and Department Heads (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024-027:
a. Restructuring the Community and Economic Development Department by creating the Community Development & Housing Department and the Economic Development Department.
b. Retitling the Human Resources Department to Human Resources and Risk Management Department.
c. Retitling the Finance Department to Finance and Management Services Department.
d. Retitling the Director and Deputy Director of Human Resources (U) Classifications.
e. Retitling the Deputy Director of Finance (U) Classification. f. Amending the City-wide Salary Schedule for full-time, part-time, temporary, and seasonal positions.
2. Introduce, read by title only, and waive further reading of Ordinance No. MC1625 amending Chapter 2.10 and Chapter 2.15, adding Chapter 2.83, and amending sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino Packet Page. 1496
Municipal Code regarding updating titles and organizational duties of various City Departments and Department Heads.
Executive Summary
This follow-up to the June 30 Workshop strategic initiative is to split the current Community and Economic Development Department into the Economic Development Department and the Community Development & Housing Department.
Background
The Mayor and City Council held a three-day Retreat beginning on May 11, 2023, where goals and priorities for the City of San Bernardino were defined. At the Retreat, economic development opportunities and city staffing priorities, among other topics, were discussed.
On June 30, 2023, a special workshop (“Workshop”) was held to address the Council’s goals and priorities. The Workshop was informational only and allowed staff to present a series of strategic initiatives and other programs and proposals for the Council’s future consideration.
On September 12, 2023, staff presented a follow-up to the Workshop and provided an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation contained splitting the Community and Economic Development Department into two separate departments: Economic Development and Community Development and Housing. In addition, staff recommended retitling the Human Resources Department to Human Resouces and Risk Management, and the Finance Department to Finance and Management Services.
As such, the Director and Deputy Director of Human Resources will be retitled to Director and Deputy Director of Human Resources and Risk Management. Also, the Director and Deputy Director of Finance will be retitled to Director and Deputy Director of Finance and Management Services.
Discussion
Separating the current Community and Economic Development Department into the Economic Development Department and the Community Development & Housing Department will better address a wide range of short and long-term development deliverables related to the management and control of City growth, development, improvement, and reinvigoration. This change will allow for a more efficient span of control that enables well-organized oversight and management of the department, while generating additional focus on project deliverables. Moreover, it will allow the City to better serve the needs of the community through the creation of coordinated strategies, programs, and related activities.
Providing a greater focus and commitment to Economic Development by establishing and staffing the Economic Development Department, accelerates Downtown revitalization efforts and allows the City to attract new businesses with greater Packet Page. 1497
marketing and outreach initiatives. It also helps to retain existing business with better services, and establish special event programs, leading to long-term revenue growth and economic prosperity.
There are 82 budgeted positions in the Community and Economic Development organizational structure responsible for the functions, programs, and activities of the Planning Division, Building Division, Code Enforcement, Economic and Housing Development. The new structure would move the positions responsible for Economic Development into the newly created Economic Development Department. Planning, Building, Code and Housing would remain in the Community Development and Housing Department.
As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement System’s (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Strategic Targets and Goals
Establishing the Economic Development and Community Development and Housing Departments aligns with Key Target No. 2: Focused, Aligned Leadership, and Unified Community by enabling the City to improve service delivery to the community and to function more efficiently.
Fiscal Impact
There is no impact to the General Fund as costs were previously approved by the Mayor and City Council on September 12, 2023 and formally adopted and the budget amended on October 4, 2023.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Adopt Resolution No. 2024-027:
a. Restructuring the Community and Economic Development Department by creating the Community Development & Housing Department and the Economic Development Department.
b. Retitling the Human Resources Department to Human Resources and Risk Management Department.
c. Retitling the Finance Department to Finance and Management Services Department.
d. Retitling the Director and Deputy Director of Human Resources (U) Classifications.
Packet Page. 1498
e. Retitling the Deputy Director of Finance (U) Classification. f. Amending the City-wide Salary Schedule for full-time, part-time, temporary, and seasonal positions.
2. Introduce, read by title only, and waive further reading of Ordinance No. MC1625 amending Chapter 2.10 and Chapter 2.15, adding Chapter 2.83, and amending sections 3.16.060 and 19.70.036(D)(14)(D) of the San Bernardino Municipal Code regarding updating titles and organizational duties of various City Departments and Department Heads.
Attachments
Attachment 1 Ordinance MC -1625
Attachment 2 Resolution 2024-027
Attachment 3 Resolution 2024-027; Exhibit A - City-wide Salary Schedule Attachment 4 Exhibit B - Organizational Charts
Ward:
All
Synopsis of Previous Council Actions:
December 6, 2023 Mayor and City Council adopted Resolution No. 2023-179 amending the City-wide salary schedule for full time, part-time, temporary, and seasonal positions.
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Ordinance No. MC-1625
ORDINANCE NO. MC-1625
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 2.10 OF THE SAN BERNARDINO
MUNICIPAL CODE, AMENDING CHAPTER 2.15 OF THE
SAN BERNARDINO MUNICIPAL CODE, ADDING
CHAPTER 2.83 TO THE SAN BERNARDINO MUNICIPAL
CODE, AND AMENDING SECTIONS 3.16.060 AND
19.70.036(D)(14)(D) REGARDING UPDATING TITLES AND
ORGANIZATIONAL DUTIES OF VARIOUS CITY
DEPARTMENTS AND DEPARTMENT HEADS AND
UPDATING SUCH REFERENCES THROUGHOUT THE
SAN BERNARDINO MUNICIPAL CODE
WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the City desires to update the names, titles, and organizational duties of various City departments and department heads; and
WHEREAS, the Department of Finance shall henceforth be named the Department of Finance and Management Services; and
WHEREAS, the Department of Community Development shall be divided into the Department of Community Development and Housing and the Department of Economic Development; and
WHEREAS, the Department of Human Resources shall henceforth be named the Department of Human Resources and Risk Management.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Chapter 2.10 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 2.10 Department of Finance and Management Services Sections:
2.10.010 Created
2.10.020 Position established – Bond
2.10.030 Powers and duties
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Ordinance No. MC-1625
2.10.040 Divisions of Department
2.10.010 Created
A Department of Finance and Management Services is created.
2.10.020 Position Established – Bond
A. The position of Director of Finance and Management Services of the City is established. This position shall be in the unclassified service of the Civil Service.
B. The Director of Finance and Management Services shall be appointed by the City Manager.
C. The Director of Finance and Management Services shall execute and deposit a fidelity bond in the amount of ten thousand dollars prior to taking office.
2.10.030 Powers and Duties
The Director of Finance and Management Services, under the supervision and direction of the City Manager or their designee, shall have charge of the administration of the financial affairs of the City, except for Municipal Water Department. The Director of Finance and Management Services shall have the following powers and duties:
A. To ensure deposit of all money received by and on behalf of the City in such depository or depositories as may be designated by the Mayor and City Council, in compliance with all the provisions of the State Constitution and laws of the State governing the handling, deposit and securing of public funds and the handling of trust funds in his possession.
B. To maintain custody of money deposited in the City treasury, to invest same pursuant to the City’s adopted investment policy, and to transfer money from one fund into another fund by motion and a majority vote of the City Council or by its approval of the tentative and final budgets containing fund balances for each fiscal year.
C. To maintain custody of all securities bought by the City government for the account of any fund and of any unsold bonds of the City, and to make investments and keep records of those investments on behalf of the City. In the event of the sale of any bonds by the City, as provided by law, to deliver the same, and receive from the purchaser the amount of money due from such sale, and credit the same to the proper bank account in the same manner as other deposits and report such action to the legislative body and the City Manager.
D. To supervise all disbursements and expenditures to assure that payment has been legally authorized and appropriated, and that sufficient unencumbered appropriations exist for the payment of all claims and expenditures.
E. To develop, supervise and maintain the general accounting system for the City government.
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Ordinance No. MC-1625
F. To procure materials, supplies and general services for the City and establish appropriate standards and specifications with respect to the purchase of supplies, materials and equipment.
G. To regularly, at least quarterly, and at the end of each fiscal year prepare and submit to the City Manager, and the Mayor and City Council, a statement and report indicating the financial condition of the City, including, but not limited to, receipts, disbursements, appropriations and reserves.
H. To establish, supervise, and maintain a system of data processing for the handling of accounting information and other reports and tabulations required by the City.
I. He, or his designated representative, shall audit all purchase orders before they become effective, and audit and approve, before payment, all bills, invoices, payrolls, demands or charges against the City government, and determine the regularity, correctness, and, with the advice of the City Attorney, the legality of such claims, demands and charges; and he, or his designated representative, shall attach to the register of audited demands before submission to the Mayor and City Council his affidavit certifying as to the accuracy of the demands and the availability of funds for payment thereof pursuant to Government Code Section 37202; and he, or his designated representative, in lieu of the City Clerk, shall certify or approve demands as conforming to a budget approved by resolution pursuant to Government Code Section 37208, provided that the provisions of Section 37208 shall in other particulars be applicable to the City.
J. To compile the preliminary budget data, including capital and operating expenditure projections, and revenue projections for the City Manager.
K. To prepare and maintain current inventory of all materials, supplies and equipment of the City.
L. To audit or designate a representative to audit all purchase orders before they become effective, and audit and approve, before payment, all bills, invoices, payrolls, demands or charges against the City government, and determine the regularity, correctness, and, with the advice of the City Attorney, the legality of such claims, demands and charges; and to certify by attached affidavit the accuracy of the register of audited demands, and the availability of funds for payment thereof pursuant to Government Code Section 37202 before submission to the Mayor and City Council; and to certify or approve demands as conforming to a budget approved by resolution pursuant to Government Code Section 37208.
M. To prescribe the forms of receipts, vouchers, bills, or claims to be used by all the agencies of the City.
N. To supervise the work of preparing the City payroll and maintaining records of all payroll data; and he or she shall supervise the work for the State Employees' Retirement System in accordance with the law and administrative directors of the Retirement System.
O. To perform such other duties as may be imposed by ordinance or resolution of the Mayor and City Council, or as the City Manager may direct.
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Ordinance No. MC-1625
P. To appoint, supervise, discipline, and evaluate employees of the Department of Finance and Management Services.
2.10.040 Division of Department
A. The Department of Finance and Management Services shall be under the supervision of the Director of Finance and Management Services and shall consist of the following divisions:
1. Purchasing division;
2. Accounting division;
3. Payroll division;
4. Such other divisions as may be authorized by the Mayor and the City Council.
B. The heads of each of these divisions shall be in the unclassified civil service.” SECTION 3. Chapter 2.15 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 2.15 Department of Community Development and Housing Sections:
2.15.010 Established
2.15.020 Director-Duties
2.15.010 Established
There is established a Department of Community Development and Housing.
2.15.020 Director – Duties
The Department shall be under the management and control of the Director of Community Development and Housing, who shall be appointed by the City Manager. Under the policies of the Mayor and City Council, the Director shall have all the powers and perform all the duties that are now or may hereafter be conferred or imposed by City Charter, law or the Mayor and City Council relating to planning, building and safety, housing, and code enforcement, and shall plan, coordinate and report on all the duties and activities involved in such programs.” SECTION 4. Chapter 2.83 is hereby added to the San Bernardino Municipal Code to read as follows:
“Chapter 2.83 Department of Economic Development
Section:
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Ordinance No. MC-1625
2.83.010 Established
2.83.020 Director – Duties
2.83.010 Established
There is established a Department of Economic Development.
2.83.020 Director – Duties
The Department shall be under the management and control of the Director of Economic Development, who shall be appointed by the City Manager with approval of the Mayor and City Council. Under the policies of the Mayor and City Council, the Director shall have all the powers and perform all the duties that are now or may hereafter be conferred or imposed by City Charter, law or the Mayor and City Council relating to economic development, planning, designing, and implementing economic development strategies, as well as acting as a key liaison between public and private sectors and the community, and shall plan, coordinate and report on all the duties and activities involved in such programs.”
SECTION 5. The references to “Director of Human Resources” shall be amended to “Director of Human Resources and Risk Management” in Sections 3.16.060 and
19.70.036(D)(14)(D) of the San Bernardino Municipal Code.
SECTION 6. The references to “Director of Finance” and “Finance Director” shall be amended to “Director of Finance and Management Services” in Sections 2.08.010, 2.62.020,
2.70.060, 3.05.010(B), 3.05.010(C), 3.05.030, 3.05.050, 3.08.020(C), 3.08.020(D), 3.44.050(C),
3.44.060(C), 3.44.070(A), 3.44.070(C), 3.44.080(B), 3.44.100, 3.44.110(A), 3.44.110(B),
3.44.120, 3.44.130(A), 3.44.130(B), 3.44.130(C), 3.44.140(A)(3), 3.44.144(B)(1), 3.44.144(B)(2),
3.44.144(C), 3.44.144(D), 3.44.144(E), 3.44.144(F), 3.44.144(G), 3.44.160, 3.46.020(T),
3.55.150, 5.18.040(U), 5.30.020(F), 5.30.040(A), 5.30.040(C), 5.30.050, 5.30.090(A), 5.30.100,
5.76.040(B), 5.76.110(A), 5.76.280(A), 5.76.290(A), 5.76.290(B), 5.76.400, 8.60.050(E), and
17.08.040(3) of the San Bernardino Municipal Code.
SECTION 7. The references to “Director of Community Development” and “Community Development Director” shall be amended to “Director of Community Development and Housing” in Sections 5.10.130(e), 5.10.150, 5.10.180(e), 5.10.230, 5.10.310(k), 8.18.010(B), 8.18.020(D),
8.97.100, 15.05.030, 15.26.040(C), 15.27.030(C), 15.37.045(B), 15.37.045(C), 15.37.060(1),
15.37.070, 15.57.020(B), 16.18.010(C), 19.02.040(3)(A), 19.04.030(2)(U)(2), 19.19A.020,
19.28.030, 19.28.060(5), 19.28.100, 19.68.090(1), 19.68.090(3), 19.68.090(6), 19.68.120(4),
19.68.130(3), 19.68.130(4), 19.68.130(5), 19.70.036(C)(2), 19.70.036(C)(6), 19.70.036(D)(2),
19.70.036(D)(4)(B), 19.70.036(D)(5)(A)(1), 19.70.036(D)(6), 19.70.036(D)(7), 19.70.036(D)(8),
19.70.036(D)(9), 19.70.036(D)(10), and 19.70.036(D)(14(D) of the San Bernardino Municipal Code.
SECTION 8. The reference to “Department of Human Resources” shall be amended to “Department of Human Resources and Risk Management” in Chapter 2.04 and Section 2.04.010 of the San Bernardino Municipal Code.
SECTION 9. The references to “Department of Finance” and “Finance Department” shall Packet Page. 1504
Ordinance No. MC-1625
be amended to “Department of Finance and Management Services” in Sections 2.08.010, 3.04.020,
3.04.060, 3.04.080(F), 3.05.010, 3.44.131(A)(5), 3.44.131(B)(5), 3.55.030(E), 3.55.035(B),
3.55.040, 3.55.045(C), 3.55.050(A)(3)(ii), 3.55.050(B), 3.55.060(A), 3.55.060(B), 3.55.060(C),
3.55.065, 3.55.080, 3.55.080(D), 3.55.090, 3.55.110(A), 3.55.110(B), 3.55.150, 3.64.050,
3.64.070(B), 5.10.080, 5.18.040(N)(8), 5.44.025(B), 5.44.025(C), 5.44.030(A), 5.44.070,
5.44.086(A), 5.44.086(B), 5.44.100, 5.76.040(A), 5.76.040(B), 5.76.040(C), 5.76.050,
5.76.060(A), 5.76.060(B), 5.76.060(C), 5.76.070(A), 5.76.070(B), 5.76.110(A), 5.76.130(B),
5.76.130(C), 5.76.140, 5.76.170, 5.76.230, 5.76.260, 5.76.280(A), 5.76.310, 5.76.320(B),
5.76.330, 5.76.340(A), 5.76.340(C), 5.76.340(D), 5.76.380, 5.76.390, 5.76.400, 5.76.410,
5.76.580, 5.82.030, 5.82.090, 5.82.150, 8.18.070(B)(3), 8.60.020, 8.60.030(C), 8.60.030(F),
8.60.040, 8.60.080, 8.60.090, 8.60.095(C), 8.60.095(D), 8.60.160, 8.81.170, 12.32.050,
14.08.11(B), and 19.70.036(F)(7) of the San Bernardino Municipal Code.
SECTION 10. The references to “Department of Community Development” and “Community Development Department” shall be amended to “Department of Community Development and Housing” in Sections 5.10.180(e), 5.10.280(a)(8), 5.10.360(c), 5.10.360(f),
5.36.050(A), 8.14.010(A), 8.60.80, 8.97.100, 15.04.150, 15.20.030(A), 15.20.050(A), 15.37.070,
15.37.090, 15.57.050, 19.02.040(3)(B), 19.02.050, 19.02.060(2), 19.04.030(2)(V)(13),
19.06.030(2)(B)(Article II)(Section VI), 19.06.030(2)(B)(Article III)(Section V),
19.06.030(R)(1)(i)(1), 19.06.030(R)(2)(e)(3)(iv), 19.06.030(R)(2)(e)(3)(v),
19.06.030(R)(2)(e)(3)(vii), G19.10.060(2), 19.10-E.020, 19.20.030(8)(E), 19.20.030(8)(E)(3)(b),
19.20.030(8)(F)(1), 19.20.030(8)(F)(2)(a), 19.28.030(3), 19.28.030(11), 19.28.060(5),
19.28.120(3)(B) [Landscape Plan Submittal Requirements], 19.68.090(1), 19.68.150(1),