Agenda packet — Mayor and City Council, May 15, 2024 (part 3 of 8)

RESOLUTION NO. 2024-094

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZE THE ACCEPTANCE AND ALLOCATION OF
THE FISCAL YEAR 2024-25 ANNUAL ACTION PLAN.

WHEREAS, the City of San Bernardino (City) recognizes the importance of community development initiatives in enhancing the quality of life for its residents; and WHEREAS, The US Department of Housing and Urban Development (HUD) enacted the CDBG program in 1974 under the Housing and Community Development Act; and WHEREAS, City is entitled to receive Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) funds from the United States Department of Housing and Urban Development (HUD); and WHEREAS, for Fiscal Year 2024-25 (FY2024-25), the City will receive $2,746,082 in CDBG funds, $1,160,028 in HOME funds, and $258,646 in ESG funds.; and WHEREAS, upon approval of the FY2024-25 Annual Action Plan, the Director of Finance & Management Services Director of Finance and Management is authorized to adjust the Fiscal Year 2024-2025 Budget appropriation to align with the FY 2024-25 Annual Action Plan allocation; and
WHEREAS, the FY2024-2025 CDBG allocation will fund $549,216 for administration, $745,612 for the Section 108 Loan Repayment, $80,000 for Inland Fair Housing Mediation Board, $331,912 for the San Bernardino Police Department, and $1,039,341 for Public Facilities/Improvement projects.

WHEREAS, the FY2024-2025 ESG allocation will fund $19,398 for administration, and $239,248 for the Salvation Army.

WHEREAS, the FY2024-2025 HOME allocation will fund $116,021 for administration, $920,000 for the Neighborhood Partnership Housing Services, and $124,187 for affordable housing projects.

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 Director of Finance & Management Services is authorized to adjust the FY2024-25 Budget appropriation to align with the FY 2024-25 Annual Action Plan allocation.

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Resolution No. 2024-094
Resolution 2024-094
May 15, 2024

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SECTION 4. Authorize the City Manager, the Director of Community Development and Housing, or the designee to take any further actions and execute any further agreements or documents as necessary to effectuate the FY2024-2024 Annual Action Plan.

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 15th day of May 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. 2024-094
Resolution 2024-094
May 15, 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. 2024-094, adopted at a regular meeting held on the 15th day of May 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 16th day of May 2024.

Genoveva Rocha, CMC, City Clerk
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Barbara Whitehorn, Director of Finance and Management
Services
Department: Finance & Management Services
Subject: Imposing Liens on Certain Parcels of Real Property for Unpaid Business Registration Taxes and Penalties
(All Wards)
Recommendation:

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

1. Conduct a public hearing to receive public comment on the matter; and

2. Adopt Resolution No.2024-095 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and
Authorize the Director of Finance and Management Services to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing.

Executive Summary
This action allows the Business Registration Division to place liens on certain properties identified as unregistered properties that require a business license and have not obtained one. Identified property owners have not responded to multiple attempts by staff to contact them, including be certified letter. Liens will not be filed if property owners come into compliance before the liens are filed, and liens will be removed if and when properties come into compliance or the properties are shown to be exempt from the requirement.

Background
On November 21, 1990, the Mayor and City Council adopted Ordinance MC-756 adding section 5.04.076 to the Municipal Code relating to liens for delinquent business Packet Page. 644
license fees. San Bernardino Municipal Code Section 5.04.076 enables unpaid taxes and penalties for business registration to become an assessment on the associated property if not collected after proper notification to the owner. To comply with this section, staff regularly brings a list of identified unregistered properties to the Mayor and City Council to approve the placement of liens.

Discussion
Unregistered properties are identified through multiple sources, including a Homeowners Exemption listing received from the County of San Bernardino, newly opened water department accounts, closed rental property business registration accounts, code enforcement efforts, and citizen notification. These potentially unregistered accounts are contacted using the property’s mailing address provided by the County of San Bernardino and the Water Department. The properties listed in Exhibit A include newly identified rental properties and delinquent accounts that have provided no response to the City’s collection efforts.

Business Registration staff makes multiple attempts to contact property owners to gain compliance with the municipal code before a property is entered into the lien process.

The initial letter informs the property owner that rental properties are considered a business, and a registration certificate is required. This letter also informs the owner that if the property is not a rental to please indicate the status of the property, in order to ensure that it is not included in the list of properties requiring registration. If a response is not received, a second letter is sent advising the owner to comply with the registration requirement or contact the Business Registration office to discuss the status of the property. If there is still no response after the second letter, a certified letter is sent providing the same information. If there is no response to the certified letter, a lien hearing notice is mailed with a Business Registration application to allow the owner to comply or close the account before proceeding into the lien process.

If letters are returned because the owner's address is unknown, the City will continue the same process using the new address collected by the United States Post Service.

If no forwarding address is provided by the USPS, the matter is dismissed.

Exhibit A to the Resolution (attached) represents accounts that have not come into compliance as of May 15, 2024, when this report was submitted into the agenda process. Those accounts that were addressed between April 29, 2024, and May 15, 2024, will be removed from the list that is forwarded to the County; liens will not be placed on those properties.
2021-2025 Strategic Targets and Goals
The approval of the placement of liens on the subject properties for unpaid Business Registration taxes and penalties aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan. The program helps to ensure greater compliance with the municipal code within the business community and will generate additional revenue through this enhanced compliance effort by Business Registration staff.

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Fiscal Impact
There is no fiscal impact to the budget associated with this action. The anticipated amount of revenue to be collected through the lien process is $304,356, an estimate of which was included in the FY 2023/2024 Business Registration revenue budget.

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

1. Conduct a public hearing to receive public comment on the matter; and

3. Authorize the Director of Finance and Management Services to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing.

Attachments
Attachment 1 Resolution No.2024-095
Attachment 2 Resolution No.2024-095-Exhibit A
Attachment 3 Notice of Public Hearing
Ward:

All Wards
Synopsis of Previous Council Actions:

August 2, 2023 Mayor and City Council adopted Resolution No. 2023-127, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees.

March 15, 2023 Mayor and City Council adopted Resolution No. 2023-050, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees.

October 19, 2022 Mayor and City Council adopted Resolution No. 2022-220, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees.

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Resolution No.2024-XXX
Resolution 2024-XXXX
May 15, 2024

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RESOLUTION NO._______

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

IMPOSING LIENS ON CERTAIN PARCELS OF REAL

PROPERTY LOCATED WITHIN THE CITY OF SAN

BERNARDINO FOR UNCOLLECTED BUSINESS

REGISTRATION FEES
WHEREAS, section 5.04.76 of the San Bernardino Municipal Code requires whenever appropriate fees and penalties cannot be collected after proper notification to the owner, the total uncollected fees and penalties shall become an assessment; and WHEREAS, owners of properties listed in Exhibit “A” were issued a first notice, final notice, certified notice and a Lien Hearing notice of the rental property requirements for the City of San Bernardino. Due notice was given to the person or persons having an interest in said property and pursuant to the notice dated April 29, 2024, a hearing was held by the Mayor and City Council to hear protests and to assess the fees imposed on said property.

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 matter having now come before the Mayor and City Council for confirmation of the imposition of the liens imposed, the fees set forth on Exhibit “A” are found to have been uncollectible after proper notification to the property/business owner pursuant to proceedings under Section 5.04.76 of the San Bernardino Municipal Code.

SECTION 3. The statements of fees on file with the Finance & Management Service Department are hereby confirmed and adopted as special assessment against the properties listed in Exhibit “A” hereto.

SECTION 4. The Director of Finance and Management Services is directed to remove paid liens and those addressed prior to the meeting of May 15, from Exhibit “A” prior to forwarding the list to the County.

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Resolution No.2024-XXX
Resolution 2024-XXXX
May 15, 2024

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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 ___ day of __________ 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-XXX
Resolution 2024-XXXX
May 15, 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., adopted at a regular meeting held on the ___ day of _______ 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk
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Exhibit A
ORDER FIRST NAME ADDRESS 1 CITY STATEPOSTAL CODE ADDRESS2 ACCT# APN AMOUNT PRIORTOLIENWARD 1 Marco Cardona/Telma Rosales 1015 N Normandie Ave Apt 2 Los Angeles CA 90029-2449 1557 W 5th St 78528 0138 171 09 406 256 1 2 Guy & Joan Marge Living Trust 2117 N Euclid Ave Upland CA 91784-1475 149 W 6th St Apt 19 7506 0135 093 19 480 330 1 3 Bertha Garcia/Robin & William Steele 149 W 6th St Ste 52 San Bernardino CA 92401-1243 149 W 6th St Apt 52 77875 0135 093 52 750 600 1 4 Cameron & Fred Aguilar 13007 Elmcroft Ave Norwark CA 90650-2673 149 W 6th St 76162 0135 093 54 606 456 1 5 Scarlett Eljebaii 2525 Redrock Dr Corona CA 92882-8607 325 W 6th St 79918 0135 081 29 318 168 1 6 Mario Vazquez 796 W Orange Heights Ln Corona CA 92882-6838 1080 W 6th St 975754 0138 061 15 480 330 1 7 MPSN Holdings NO 1 LP #9572 4900 Santa Anita Ave Ste 2C El Monte CA 91731-1490 1495 W 6th St 79527 0138 104 38 366 216 1 8 Gerardo Molina 1092 1/2 W 38th St Los Angeles CA 90037-1194 778 W 7th St 79556 0140 263 25 1086 936 1 9 Global AZ Investing INC 18 Elissa Ln Ladera Ranch CA 92694-1436 1220 W 7th St 79311 0139 292 14 606 456 1 10 Mary Ibarra 1371 W 5th St San Bernardino CA 92411-2608 1276 W 7th St 41491 0139 292 20 368 216 1 11 Kanisha Salinas 9269 Utica Ave Ste 100 Rancho Cucamonga CA 91730-5456 1548 W 7th St 79529 0139 273 24 606 456 1 12 SMR SB LLC PO Box 3785 Palos Verdes Estates CA 90274-9529 1273 W 8th St 79830 0139 291 03 762 612 1 13 Marie Galapon 3322 W 132nd St Hawthorne CA 90250-5506 252 E 9th St 79579 0140 182 24 960 810 1 14 Joseph Hernandez 256 E 46th St San Bernardino CA 92404-1251 563 W 9th St 79923 0140 202 04 306 156 1 15 SMR SB LLC 909 N Pacific Coast Hwy Ste 840 El Segundo CA 90245-2718 1066 W 9th St 79233 0139 191 49 762 612 1 16 Audel Ortiz 14555 Ranchero Rd Hesperia CA 92345-4152 1365 W 9th St 79417 0139 231 19 1074 924 1 17 Oralia Banuelos/Jesus Aparicio 508 Florence Ave Ontario CA 91764-3908 1425 W 9th St 79654 0139 231 11 354 204 1 18 Chrestian Santos/Crystal Diaz/Mike Diaz 207 1/2 E 10th St San Bernardino CA 92410-4412 207 E 10th St 76677 0140 171 16 570 420 1 19 Leticia Zavala 11938 Apatite Ave Hesperia CA 92345-1804 340 W 10th St 963878 0140 063 14 480 330 1 20 Olivia Gallegos 571 W 10th St San Bernardino CA 92410-2801 571 W 10th St 20376 0140 143 03 450 300 1 21 Melissa Fonseca 1023 W 10th St San Bernardino CA 92411-2303 1023 W 10th St 79534 0139 192 04 1026 876 1 22 Candalaria & Veronica Santamaria PO Box 922194 Sylmar CA 91392-2194 209 W 11th St 66059 0140 111 17 980 830 1 23 Ivan Van Henelrijck 25210 Noble Canyon St Corona CA 92883-3109 771 W 11th St 73492 0140 023 02 618 468 1 24 Miguel Cortez 760 S Earlham St Orange CA 92869-5401 979 W 11th St 73759 0139 131 05 618 468 1 25 RLF I-B SPE LLC 201 West St Ste 200 Annapolis MD 21401-4656 345 S Allen St 72159 0136 271 47 4836 4686 1 26 Don Properties 01 LLC 701 Tillery St Ste 12-1117 Austin TX 78702-3738 901 N Arrowhead Ave 79545 0140 161 22 1594 1444 1 27 Cobra 28 NO 8 LP 4900 Santa Anita Ave Ste 2C El Monte CA 91731-1490 1008 N Arrowhead Ave 976264 0140 063 12 354 204 1 28 KSR San Bernardino LLC PO Box 3785 Palos Verdes Estates CA 90274-9529 1144 N Arrowhead Ave 79931 0140 064 10 762 612 1 29 Jose L & Bertha Moreno Liv Tr 600 Briarwood Dr Brea CA 92821-5270 115 E Baseline St 68970 0140 081 02 865 715 1 30 Broadway Capital LLC PO Box 432 Etiwanda CA 91739-0432 225 E Baseline St 79915 0140 083 05 1026 876 1 31 Aliza-Abootorab Revocable Family Tr PO Box 1159 Bannockburn IL 60015-6002 1301 W Baseline St 76501 0139 063 12 2342 2192 1 32 Tom & Jerry Hsiung LLC 20687 Amar Rd Ste 2-820 Walnut CA 91789-5044 1583 W Baseline St 77432 0139 051 26 1360 1210 1 33 Juan Silva/Lilian Silva 14407 Pintail Loop Eastvale CA 92880-0934 1170 Belvan Ave 62922 0278 031 18 330 180 1 Packet Page. 650
Exhibit A
34 Garcia Revocable Living Trust 7531 Elmwood Rd San Bernardino CA 92410-4129 1131 Bobbett Dr 72173 0278 031 09 330 180 1 35 Sidra Addas 1004 W West Covina Pkwy Ste 273 West Covina CA 91790-2810 278 Bryant St 79208 0135 251 24 726 576 1 36 Home Expo Financial Inc 23580 Alessandro Blvd Ste 9818 Moreno Valley CA 92553-8802 697 Bunker Hill Dr 79985 0141 122 01 594 444 1 37 Sergio & Johnny Escalante 100 Las Lomas Dr La Habra CA 90631-7101 139 E Court St 77038 0135 181 65 540 390 1 38 HDEJ Investments LLC 395 N E St Ste 104 San Bernardino CA 92401-1537 426 W Court St 79688 0134 241 25 438 288 1 39 320 North E Street LLC 197 Woodland Pkwy Ste 104-373 San Marcos CA 92069-3020 320 N E St 74478 0134 231 23 1952 1802 1 40 Steven Fujii PO Box 607 Lake Arrowhead CA 92353-0607 941 N E St 78422 0140 151 31 524 374 1 41 Ciptor Living Trust 201 S Lasky Dr Beverly Hills CA 90212-3610 596 N G St 79481 0134 053 27 510 360 1 42 ERE Investments LLC 4242 Louise Ave Encino CA 91316-3913 859 N G St 67454 0140 201 28 330 180 1 43 Alberto Garcia/Fernando Hernandez 1135 E 101st St Los Angeles CA 90002-3335 862 N G St 79531 0140 192 41 1014 864 1 44 Jose Gutierrez 1518 Gertrude Ave Santa Ana CA 92704-0000 1064 Garner Ave 48533 0139 113 39 480 330 1 45 EP Home Solutions LLC 3105 Tunnel Point Way Desert Haven TX 79938-5000 149 S Golden Ave 79698 0279 235 54 342 192 1 46 Wasi & Ahmad Sharique 879 N H St San Bernardino CA 92410-2934 879 N H St 79475 0140 192 33 930 780 1 47 Deventure Holdings LLC 136 N Grand Ave Ste 212 West Covina CA 91791-1728 139 N J St 78615 0138 312 59 858 708 1 48 Edwin Arriaga/Manuel Calderon 4902 Maine Ave Apt D Baldwin Park CA 91706-1600 181 E King St 79583 0135 292 08 774 624 1 49 Martha Ramirez 1116 W King St San Bernardino CA 92410-1737 1116 W King St 40102 0138 302 15 584 434 1 50 Miguel Gonzalez 9287 63rd St Riverside CA 92509-5906 1226 W King St 928825 0138 293 20 535 385 1 51 Juan Villa/Andrea Garcia 1094 Award Dr Colton CA 92324-2669 1430 W Kingman St 51762 0138 181 38 594 444 1 52 Ruben Palagonia 2798 N Stoddard Ave San Bernardino CA 92405-3432 638 N L St 78440 0138 054 14 390 240 1 53 Yadhire Flores/Mariela Chavez 740 N L St San Bernardino CA 92411-2820 740 N L St 79530 0139 294 11 510 360 1 54 Javier Rodriguez 33775 Fairview Dr Oak Glen CA 92399-2219 1433 E Laurelwood Dr 79625 0281 441 47 618 468 1 55 Eva & Byron Holcomb 34444 Via Verde Capistrano Beach CA 92624-1223 1449 E Laurelwood Dr 79259 0281 441 43 582 432 1 56 Hazel Ladores-Mariano 1466 E Laurelwood Dr San Bernardino CA 92408-3676 1466 E Laurelwood Dr 79751 0281 441 16 342 192 1 57 Kabir Baltodano 3232 N I St San Bernardino CA 92405-2814 1469 E Laurelwood Dr 79493 0281 441 38 510 360 1 58 Falguni & Jignesh Bhagat 1509 E Laurelwood Dr San Bernardino CA 92408-3696 1509 E Laurelwood Dr 79749 0281 441 28 342 192 1 59 Aida Ruiz 1631 W Congress St San Bernardino CA 92410-2207 666 Madison St 977558 0138 021 10 546 396 1 60 Jasmine Contreras 1390 W 6th St Ste 126 Corona CA 92882-3539 1141 N Mayfield Ave 77579 0140 064 18 920 770 1 61 Hilal Kansoul/Angelica De La Torre 436 N Mount Vernon Ave San Bernardino CA 92411-2627 436 N Mount Vernon Ave 79665 0138 182 21 1074 924 1 62 ERE Investments LLC 4242 Louise Ave Encino CA 91316-3913 686 N Mountain View Ave 72712 0135 031 16 330 180 1 63 Eunice Rivera 896 N Mountain View Ave San Bernardino CA 92401-1022 896 N Mountain View Ave 78407 0140 221 10 342 192 1 64 ERE Investments LLC 4242 Louise Ave Encino CA 91316-3913 1125 Myrtle Dr 69555 0147 182 08 366 216 1 65 Otilia Velasquez 10535 Foothill Blvd Ste 274 Rancho Cucamonga CA 91730-7677 1148 Myrtle Dr 79284 0147 181 06 558 408 1 66 Hector Huratdo & Mario Galvan 2411 W Via Verde Dr Rialto CA 92377-3566 128 W Olive St 60529 0140 103 13 366 216 1 67 KMR San Bernardino LLC PO Box 3785 Palos Verdes Estates CA 90274-9529 645 W Olive St 79836 0140 033 06 762 612 1 Packet Page. 651
Exhibit A
68 Angie Godinez 757 Perris St San Bernardino CA 92411-2823 757 Perris St 78659 0139 303 29 492 342 1 69 KMR San Bernardino LLC 909 N Pacific Coast Hwy Ste 840 El Segundo CA 90245-2718 868 E Rialto Ave 975489 0279 291 28 522 372 1 70 Katy & Joesph Rodriguez 45295 Crestview Ct Banning CA 92220-0000 1128 E Rialto Ave 69586 0279 311 29 510 360 1 71 Robert Ornelas Trust 554 Roberds Ave San Bernardino CA 92411-2633 554 Roberds Ave 79473 0138 104 10 1098 948 1 72 J N & J Group Investment LLC 103 E 9th St San Bernardino CA 92410-4406 887 N Sierra Way 79593 0140 231 01 708 558 1 73 SMR SB LLC PO Box 3785 Palos Verdes Estates CA 90274-9529 1271 Spruce St 79928 0138 122 16 762 612 1 74 Jeanette Lopez 1025 N Tippecanoe Ave Unit 203 San Bernardino CA 92410-4070 1025 N Tippecanoe Ave Unit 203 79386 0278 072 35 570 420 1 75 Almadelia Soto Alonzo 8652 Wheatland Ave Whittier CA 90605-2258 1025 N Tippecanoe Ave Unit 235 73647 0278 073 35 390 240 1 76 Michael Carey/Ana Brown 1170 E Grand Blvd Corona CA 92879-2114 1025 N Tippecanoe Ave 78046 0278 072 44 522 372 1 77 Gelyn & Abraham Velasquez 1356 Union St San Bernardino CA 92411-2649 1356 Union St 79838 0139 231 35 606 456 1 78 Elena Villalobos 512 Workman Mill Rd Unit 2031 La Puente CA 91746-3801 254 W 14th St 79361 0146 161 11 522 372 2 79 Jesus Beltran 514 N Lovekin Blvd Blythe CA 92225-1126 236 E 16th St 75216 0146 121 12 410 260 2 80 Jamie & Scott Marquez Family Trust 2114 Aralia St Newport Beach CA 92660-4130 283 W 16th St 929916 0146 131 03 354 204 2 81 Vicente Sanchez/Marisol Pachuca 3138 41st St San Diego CA 92105-4133 208 W 17th St 79803 0146 101 01 330 180 2 82 Cesar Sanchez 724 W 17th St San Bernardino CA 92405-4216 724 W 17th St 72179 0145 074 01 558 398 2 83 Anh Kim Trust 14948 Camellia Dr Fontana CA 92337-3412 2122 E 17th St 6754 1191 071 42 330 180 2 84 Jeannette Casas 11439 Winchell St Los Nietos CA 90606-2354 238 E 18th St 977259 0146 085 16 606 456 2 85 Gerardo Torres 371 W 19th St San Bernardino CA 92405-3901 371 W 19th St 79655 0145 063 16 354 204 2 86 KMR San Bernardino LLC 909 N Pacific Coast Hwy Ste 840 El Segundo CA 90245-2718 668 E 19th St 975494 0147 175 12 522 372 2 87 A&L Alaska Inc 12064 N Rim Way Etiwanda CA 91739-0000 755 W 19th St 79965 0145 073 15 990 840 2 88 Khan Family Properties and Holding 909 W 21st St San Bernardino CA 92405-3201 909 W 21st St 972110 0144 042 65 2390 2240 2 89 Rivas Revocable Trust/Paul Rivas PO Box 2202 Orange CA 92859-0202 1248 W 25th St 74161 0148 142 07 582 432 2 90 KSR San Bernardino LLC 909 N Pacific Coast Hwy Ste 840 El Segundo CA 90245-2718 1370 N Arrowhead Ave 975495 0145 212 26 534 384 2 91 Sidra Ars Properties LLC 1212 W Crumley St West Covina CA 91790-3513 1556 N Arrowhead Ave 78415 0145 143 28 1021 871 2 92 Lucky Number Seven Inc 5225 Canyon Crest Dr Ste 71-249 Riverside CA 92507-6301 188 W Baseline St 79594 0146 222 18 534 384 2 93 Charles Ryan PO Box 726 Loma Linda CA 92373-0242 990 E Baseline St 73773 0273 182 29 330 180 2 94 Chrishay Mccall 1541 Belle St Unit A San Bernardino CA 92404-5015 1541 Belle St 76013 0146 153 05 594 444 2 95 Ismael Cardenas 1555 Belle St San Bernardino CA 92404-5015 1555 Belle St 79476 0146 153 07 522 372 2 96 Yvette Hernandez 1268 N Berkeley Ave San Bernardino CA 92405-5009 1268 N Berkeley Ave 79209 0145 231 19 742 592 2 97 CJ Investments Organization PO Box 310472 Fontana CA 92331-0472 1197 N D St 79374 0145 062 13 720 570 2 98 ERE Investments LLC 4242 Louise Ave Encino CA 91316-3913 1306 N D St 67453 0145 211 37 450 300 2 99 Hwang Dental Corporation 1100 Wilshire Blvd Apt 2202 Los Angeles CA 90017-1951 1579 N D St 79662 0145 143 18 1014 864 2 100 DDH Enterprises LLC PO Box 71106 Riverside CA 92513-1106 1588 N D St 78628 0145 142 37 798 648 2 101 Centinela Investments 932 E Diamondale Dr Carson CA 90746-3020 1753 N D St 23901 0145 092 12 450 300 2 Packet Page. 652
Exhibit A
102 CJ Investments Organization PO Box 310472 Fontana CA 92331-0472 1999 N D St 52379 0145 062 14 366 216 2 103 Iglesia Cristiana Bienvenidos Al Parais 1401 N E St San Bernardino CA 92405-4508 1401 N E St 79547 0145 182 12 510 360 2 104 Hugo Escalera 25951 Marco Polo St Murrieta CA 92563-6417 1767 N E St 69955 0145 091 11 786 636 2 105 Oscar Valenzuela 542 E Evans St San Bernardino CA 92404-5306 542 E Evans St 79449 0147 071 17 510 360 2 106 Esteban Rojas 11453 Winter Pl Adelanto CA 92301-6026 1837 Fremontia Dr 78152 0147 173 01 534 384 2 107 Robert L Culp 8446 La Colina Dr Alta Loma CA 91701-1337 1703 Garden Dr 943257 0147 232 19 594 444 2 108 Exclusive Financial Grp Inc 8311 Haven Ave Ste 150 Rancho Cucamonga CA 91730-0636 1949 Genevieve St 79321 0146 046 03 606 456 2 109 Refugio & Leticia Cruz 5571 Crestline Pl Etiwanda CA 91739-2132 407 E Gilbert St 65829 0147 091 35 851 701 2 110 Ricardo Gomez 2914 Manitou Ave Lincoln Heights CA 90031-3009 655 W Highland Ave 75519 0145 021 19 368 216 2 111 Martin Prado 815 W Highland Ave San Bernardino CA 92405-3840 815 W Highland Ave 78024 0145 011 10 594 444 2 112 Khan Family Properties and Holding 909 W 21st St San Bernardino CA 92405-3201 931 W Highland Ave 77045 0144 041 45 854 704 2 113 Newman International LLC 12410 Idaho Ave Los Angeles CA 90025-3612 2002 E Highland Ave 964616 0285 176 15 3322 3172 2 114 Fernando Lara & Esmeralda Lopez 1284 N Lugo Ave San Bernardino CA 92404-5227 1284 N Lugo Ave 949817 0146 231 13 480 330 2 115 Everardo Celiz 809 Oakhill Dr Killeen TX 76541-7237 1356 N Lugo Ave 79902 0146 201 19 960 810 2 116 Eligio Ortega 398 S La Verne Ave Los Angeles CA 90022-1933 1477 N Lugo Ave 68823 0146 172 10 582 432 2 117 Adolf Chavez/Moises Delgado 1480 N Lugo Ave Apt B San Bernardino CA 92404-5272 1480 N Lugo Ave 965431 0146 171 18 366 216 2 118 JBSR LLC 1390 W 6th Ste 126 Corona CA 92882-3539 1543 N Lugo Ave 78971 0146 142 04 750 600 2 119 Jackie Law/Ahmed Elhawary PO Box 603 Temple City CA 91780-0603 125 Magnolia Ave 79293 0146 163 08 550 400 2 120 Amanda Inostroz/Jean Granda 224 Magnolia Ave #1 San Bernardino CA 92405-4818 224 Magnolia Ave 79360 0146 132 16 584 434 2 121 Dorothy Villalobos 1456 N Arrowhead Ave San Bernardino CA 92405-4814 327 Magnolia Ave 960070 0145 182 22 798 648 2 122 Jose Banuelos 9804 Atlantic Ave South Gate CA 90280-5219 348 Magnolia Ave 79315 0145 143 06 522 372 2 123 Lawrence Jones 12625 Fredrick St #188 Moreno Valley CA 92553-5216 669 Magnolia Ave 60474 0145 172 12 330 180 2 124 Olga Zavala 632 S Live Oak Dr Anaheim CA 92805-4814 2048 N Mountain View Ave 79320 0146 043 10 1014 864 2 125 Yoder Revocable Living Trust 7124 Quail Run Dr Highland CA 92346-5073 407 Niles St 79646 0147 026 01 1014 864 2 126 Ojito De Agua Living Trust 684 Niles St San Bernardino CA 92404-4919 684 Niles St 79782 0147 171 11 750 600 2 127 Julian Mustafa 2350 Osbun Rd Unit 96 San Bernardino CA 92404-4665 2350 Osbun Rd Unit 96 79926 0150 501 41 306 156 2 128 SMR SB LLC PO Box 3785 Palos Verdes Estates CA 90274-9529 1235 Roxbury Dr 79981 0147 143 02 750 600 2 129 Petra & Toni Solis 1295 Roxbury Dr San Bernardino CA 92404-5431 1295 Roxbury Dr 79450 0147 143 13 522 372 2 130 David Rodriguez Jr 1235 Sepulveda Ave San Bernardino CA 92404-5214 1235 Sepulveda Ave 71085 0146 233 07 342 192 2 131 Michael Jimenez 2844 Cold Plains Dr Hacienda Heights CA 91745-6000 1327 Sepulveda Ave 61868 0146 203 04 420 270 2 132 Elunesh Asmare & Asegid T Dessie 13470 Eagle Nest Ct Eastvale CA 92880-9098 1420 Sepulveda Ave 78292 0146 172 24 762 612 2 133 Michael Olivares 407 W Imperial Hwy Ste H219 Brea CA 92821-4832 1468 Sepulveda Ave 79542 0146 172 17 750 600 2 134 Gabriel Quezada 763 W 10th St San Bernardino CA 92410-2851 1555 Sepulveda Ave 78480 0146 143 03 858 708 2 135 Oscar Sanchez 2664 Serrano Rd San Bernardino CA 92405-3152 2664 Serrano Rd 79967 0148 151 17 1062 912 2 Packet Page. 653
Exhibit A
136 Golden Opportunity No 28 LP 4900 Santa Anita Ave Ste 2C El Monte CA 91731-1490 1398 N Sierra Way 79912 0146 163 12 1244 1094 2 137 Carlos Speranza 5705 Yarborough Dr Riverside CA 92505-2355 2096 N Sierra Way 79248 0146 046 14 720 570 2 138 Jesus Davalos 570 Country Club Rd San Bernardino CA 92404-2321 231 W Wabash St 949719 0146 192 07 570 420 2 139 Lucky Property Management Inc 3149 Belmont Ave San Bernardino CA 92407-2003 1270 N Waterman Ave 79587 0146 243 16 596 444 2 140 1455 Waterman LP 2026 N Riverside Ave # 149 Rialto CA 92377-4685 1485 N Waterman Ave 63288 0147 091 12 420 270 2 141 Eduardo Nicolas 17130 Van Buren Blvd Ste 388 Riverside CA 92504-5905 1796 N Waterman Ave 79588 0146 092 27 522 370 2 142 SBABP IV LLC 27995 Highland Ave Ste 200 Highland CA 92346-2772 2535 E 3rd St 79686 0136 371 44 594 444 3 143 LBA RVI-Company XLVI, LLC 1420 S Milliken Ave Ste 502 Ontario CA 91761-2337 686 S Allen St 970659 0136 401 67 2092 1942 3 144 Ashraf Asaad Hanny Fahmy Rev Liv Tr 5149 Tahoe Pl Etiwanda CA 91739-8950 1254 S Amos St 79764 0136 442 27 546 396 3 145 Algela & Vernon Chin 1754 Everett Springs Rd SW Calhoun GA 30701-7214 2707 Annapolis Cir 79532 0141 501 14 1098 948 3 146 Independent Financial Group LLC 16027 Brookhurst St Ste 1-254 Fountain Valley CA 92708-1551 603 S Arrowhead Ave 79682 0136 282 32 1525 1375 3 147 BZ Capital Investment LLC 3240 Mission Inn Ave Riverside CA 92507-4069 2254 S Artesia St 79908 0283 032 41 318 168 3 148 Priscilla Pelot 609 Radbury Pl Diamond Bar CA 91765-4621 1394 Aurora Ln 79260 0281 322 51 1086 936 3 149 Maria Luz Rodriguez/Geronimo Prado 965 1/2 W Belleview St San Bernardino CA 92410-2313 963 W Belleview St 40085 0137 044 05 342 192 3 150 Isaias Velasquez 556 E 28th St San Bernardino CA 92404-3928 1241 W Belleview St 79412 0137 061 14 480 330 3 151 BZ Capital Investment LLC 16895 Evening Star Riverside CA 92506-5206 1164 E Benedict Rd 79936 0280 231 48 306 156 3 152 KMR San Bernardino LLC 909 N Pacific Coast Hwy Ste 840 El Segundo CA 90245-2718 789 Bunker Hill Dr 975488 0141 143 03 522 372 3 153 Vickie Smith 3754 W Cosencha Ln San Bernardino CA 92407-1965 2913 Cardamon St 79307 0142 631 14 1062 912 3 154 Gifford Business Park LLC 3855 E Guasti Rd Ste 401 Ontario CA 91761-1252 780 E Central Ave 79379 0280 091 47 522 372 3 155 BSREP III Central LLC 1180 Peachtree St NE Ste 3380 Atlanta GA 30309-7524 825 E Central Ave 976758 0280 181 48 31707 31557 3 156 Baltazar Arevalo 1330 Chestnut St San Bernardino CA 92410-2236 1330 Chestnut St 57495 0137 152 13 594 444 3 157 Chestnut Trust 649 E Foothill Blvd Ste C Rialto CA 92376-5290 1336 Chestnut St 79581 0137 152 14 480 333 3 158 Rudy Miranda Rodriguez Rev Liv Trust 1350 Chestnut St San Bernardino CA 92410-2236 1348 Chestnut St 7325 0137 152 16 378 228 3 159 Village Green Preservation LP 701 5th Ave Ste 5700 Seattle WA 98104-7014 2122 Chestnut St 79940 0142 361 21 8746 8596 3 160 Marco De Dios 1254 W Congress St San Bernardino CA 92410-2402 1254 W Congress St 79627 0137 061 31 606 456 3 161 Angel Chairez/Gregorio De La Cruz 3118 N Macy St San Bernardino CA 92407-6334 221 S Dallas Ave 51511 0142 581 02 594 444 3 162 Angel Chairez 7832 San Benito St Highland CA 92346-6350 234 S Dallas Ave 51514 0142 571 11 1050 900 3 163 Mersho GRJT Investments LLC 755 Jarvis Dr Morgan Hill CA 95037-2810 891 S E St 74482 0146 481 12 1101 951 3 164 Sunethra & Michael Sanders 10924 Running Quail Rd Yucaipa CA 92399-9454 111 Eaton Ct 58478 0141 481 80 378 228 3 165 Meghan Baca/Nikkolle Peterson 35829 Anderson St Beaumont CA 92223-7408 1148 Esperanza St 77772 0141 042 25 822 672 3 166 Dorin & Oxana Hus 28225 Nield Ct Auga Dulce CA 91350-3259 395 S G St 79600 0136 162 41 606 456 3 167 Gifford Business Park LLC 2855 E Guasti Rd Ste 401 Ontario CA 91761-1252 765 S Gifford Ave 79381 0280 091 45 1937 1787 3 168 Gifford Business Park LLC 2855 E Guasti Rd Ste 401 Ontario CA 91761-1252 766 S Gifford Ave 79383 0280 091 62 1601 1451 3 169 Gifford Business Park LLC 2855 E Guasti Rd Ste 401 Ontario CA 91761-1252 770 S Gifford Ave 79378 0280 091 63 1875 1725 3 Packet Page. 654
Exhibit A
170 Gifford Business Park LLC 2855 E Guasti Rd Ste 401 Ontario CA 91761-1252 775 S Gifford Ave 79380 0280 091 46 1967 1817 3 171 Brian Samson 1557 Gould St San Bernardino CA 92408-2979 1543 Gould 78970 0281 141 12 354 204 3 172 Griffin Crowd Capital LLC 22632 Golden Springs Dr Ste 180 Diamond Bar CA 91765-4169 1205 Hardt St 79291 0281 112 01 774 624 3 173 Griffin Crowd Capital LLC 22632 Golden Springs Dr Ste 180 Diamond Bar CA 91765-4169 1245 Hardt St 79290 0281 112 05 774 624 3 174 Humberto Del Toro-Martinez 2320 Huff St Colton CA 92324-6839 2320 Huff St 79815 0142 691 66 330 180 3 175 Jagmohan & Irene Gill 2342 Huff St Colton CA 92324-6839 2342 Huff St 66463 0142 691 63 510 360 3 176 Pablo & Cecilia Maicot 17630 Valley Blvd Bloomington CA 92316-1947 485 S I St 79479 0136 144 09 1006 856 3 177 Billy & Cynthia Pratt 7231 Boulder Ave #406 Highland CA 92346-3313 405 Industrial Rd 73280 0141 581 05 930 780 3 178 Cava Sweet Homes LLC 4193 Foxborough Dr Fontana CA 92336-0420 652 S J St 79563 0141 122 25 570 420 3 179 Maria & Manuel Valencia 13011 Gorham St Moreno Valley CA 92553-5600 1311 W King St 79991 0138 284 16 1002 852 3 180 Gabriel Murillo 2153 Palermo Ct Orange CA 92867-6428 844 S Lassen Ave 8331 0142 671 57 450 300 3 181 Patrick & Wensung Hsu Living Trust 12660 Valley View Ln Redlands CA 92408-3621 1144 Lee St 75112 0281 151 41 1026 876 3 182 Group XIII Properties LP#1109 4900 Santa Anita Ave Ste 2C El Monte CA 91731-1490 1244 Lee St 972442 0281 151 32 1422 1272 3 183 Harpreet Singh/Kanwaljeet Maken 5470 Camino Vis Yorba Linda CA 92887-4943 194 E Manchester Ln 75212 0141 511 20 510 360 3 184 Jose Alfredo C & Cuevas/Maria Pedroza 180 S Mount Vernon Ave San Bernardino CA 92410-2438 180 S Mount Vernon Ave 78919 0137 012 35 342 192 3 185 Baskets Limited Company LLC 11950 San Vicente Blvd Ste 200 Los Angeles CA 90049-5013 618 S Mount Vernon Ave 73877 0141 011 14 1080 930 3 186 Nidia & Joe Garcia 2593 Pepperdale Dr Rowland Heights CA 91748-4936 181 S Pershing Ave 977563 0136 042 18 1098 948 3 187 Lirs Rifrigeration Inc 411 S Sierra Way San Bernardino CA 92408-1424 358 S Pershing Ave 79812 0136 201 42 798 648 3 188 Lizette Navarette 2715 Pleasant Ct Rialto CA 92376-7228 2715 Pleasant Ct 950804 0142 771 22 594 444 3 189 Pedro Rosales 2024 E 105th St Los Angeles CA 90002-3713 1263 Poplar St 947077 0137 132 08 450 300 3 190 Salam Yasin Living Trust 22087 Barton Rd Grand Terrace CA 92313-5001 486 S Rancho Ave 961280 0142 541 37 750 600 3 191 Favoritos Inc 10402 Valley Blvd El Monte CA 91731-2422 1071 W Rialto Ave 79628 0137 041 04 450 300 3 192 Ramona Parks 16551 Escalon Dr Fontana CA 92336-5187 1253 W Rialto Ave 972373 0137 021 12 480 330 3 193 ACDY Holdings LLC/Ralin Enterprises/Z6 Riverview LLC 3240 Mission Inn Ave Riverside CA 92507-4069 1920 Riverview Dr 79850 0280 281 14 1100 950 3 194 Santa Fe DC LLC 3240 Mission Inn Ave Riverside CA 92507-4069 841 E Santa Fe St 79306 0280 083 02 690 540 3 195 Daniel & Alesha Renyoso 41402 Keller Ct Bermunda Dunes CA 92203-4013 940 Scenic Dr 79312 0141 221 09 1098 948 3 196 Kevin Nguyen Family Trust 11011 Stallin Ave Montclair CA 91763-6128 1954 Spring Mountain Trl 9675 0142 611 55 522 372 3 197 Pearl Aboytes 25591 Cottonwood Rd Loma Linda CA 92354-2401 1217 Walnut St 77112 0137 114 16 366 216 3 198 Carolina Perez/Jose Alcaraz-Hernandez 1347 Walnut St San Bernardino CA 92410-2227 1347 Walnut St 79240 0137 105 01 534 384 3 199 Blooming Land Inc 852 Muirfield Rd Los Angeles CA 90005-3835 1366 Walnut St 77956 0137 103 11 720 570 3 200 EPG Investments LLC 6211 Sierra Ave #1310 Fontana CA 92336-1216 2226 Walnut St 70630 0142 731 08 330 180 3 201 79 Lotus Apts LLC 305 N 2nd Ave Ste 213 Upland CA 91786-6064 535 Wier Rd 79760 0141 332 04 1295 1145 3 202 Deliesha Brown 3519 20th St Highland CA 92346-4542 3519 20th St 79574 1191 312 10 480 330 4 203 Petra Cabanas/Danny Avila 3327 W 84th St Inglewood CA 90305-1724 3530 20th St 80117 1191 314 53 330 180 4 Packet Page. 655
Exhibit A
204 Norma Garner 11061 Seven Pines Dr Alta Loma CA 91737-7837 3548 20th St 79833 1191 314 60 330 180 4 205 Est of Constantino Vazquez Solis 296 W 39th St San Bernardino CA 92405-2308 296 W 39th St 79446 0271 052 02 1002 852 4 206 Henry Sanchez 3410 Camellia Dr San Bernardino CA 92404-2009 1394 E 39th St 79733 0155 213 01 1062 912 4 207 Suzanne Handler Revocable Tr 15190 Lime St Hesperia CA 92345-3819 279 E 42nd St 79974 0154 253 08 762 612 4 208 Abelardo Rios Cuevas/Flavio Perez/Sandra Segura 25419 Edgemont Dr San Bernardino CA 92404-2813 219 E 45th St 70440 0154 202 25 450 300 4 209 Julie Myers 292 E 49th St Apt B San Bernardino CA 92405-1175 292 E 49th St 962015 0154 125 06 510 360 4 210 Jones Family Trust 3369 Lincoln Ave Altadena CA 91001-3861 228 E 51st St 59606 0154 101 15 480 330 4 211 Antonio Paredes 120 E 51st St San Bernardino CA 92404-1108 120 E 51st St 79632 0154 091 21 1050 900 4 212 Us Bank Trust LSF11 2711 N Haskell Ave Ste 2100 Dallas TX 75204-2933 2162 Aspenwood Ct #19 969384 0285 826 19 522 372 4 213 Avedis Sankikiam 1842 N Sierra Bonita Ave Pasadena CA 91104-1526 2265 Bradford Ave Apt 416 76028 1191 161 41 342 192 4 214 Casillas Family Trust 12730 Jessie Ct Etiwanda CA 91739-1683 5522 N Crescent St 79427 0265 301 34 810 660 4 215 Apolinar Aguilar 1132 E 24th St San Bernardino CA 92404-4129 2419 Cymbidium Ct 69533 0155 181 06 594 444 4 216 Vianney Sanchez/Samuel Lopez 5336 N D St San Bernardino CA 92407-2671 5336 N D St 79508 0154 602 15 1050 900 4 217 Anil Kumar 3558 Highland Ave Highland CA 92346-2217 1580 E Date St 79404 0272 132 19 780 630 4 218 Katya & Edwin Perdomo 6759 Olive Lakewood CA 90711-0000 1127 Devonshire Rd 80267 0155 464 13 1062 912 4 219 Michael & Jaime Parker 2015 Manhattan Beach Blvd Ste 100 Redondo Beach CA 90278-1230 3690 El Camino Dr 77844 0155 073 12 606 456 4 220 Carrie & Bruce Schmidt 17934 Muriel Ln San Bernardino CA 92407-1225 1510 E Eureka St 79951 0155 093 14 1002 852 4 221 Jett Partners LP 34145 Pacific Coast Hwy Dana Point CA 92629-2731 5005 N G St 79971 0154 511 05 306 156 4 222 Starek Holding LLC 1407 Foothill Blvd PMB 28 La Verne CA 91750-3451 3943 N H St 975778 0151 181 03 2930 2780 4 223 KL Family Trust 11460 Lehigh Ln Riverside CA 92407-6632 3317 Highland Ave 8781 1191 282 35 584 434 4 224 San Highland LLC 11182 W Sunset Blvd Los Angeles CA 90049-3227 3693 Highland Ave 79002 1200 011 09 1078 928 4 225 Elias Anoun 3463 Holly Circle Dr Highland CA 92346-1838 3463 Holly Circle Dr 76771 0285 351 04 306 156 4 226 Michael Sauerbrun 7164 Hillcrest Ct Highland CA 92346-7703 826 Kendall Dr 79913 0266 223 11 990 840 4 227 Vanessa Ramos 3912 La Hacienda Dr San Bernardino CA 92404-2041 3912 La Hacienda Dr 7137 0155 031 02 1086 936 4 228 Angel Martinez 5505 Lincoln Ct San Bernardino CA 92407-2506 5505 Lincoln Ct 79634 0154 741 36 1050 900 4 229 Diego Pina 8135 C Ave Hesperia CA 92345-5906 4955 Louise St 79439 0154 503 15 1086 936 4 230 Jasson Duran 29312 Henderson Ln Highland CA 92346-6206 5260 Mayfield Ct 79429 0154 713 12 510 360 4 231 ERE Investments LLC 4242 Louise Ave Encino CA 91316-3913 2661 Mercedes Ave 962912 0285 931 19 330 180 4 232 Monique Marquez 1112 Mesa Verde Ave San Bernardino CA 92404-1838 1112 Mesa Verde Ave 79773 0153 323 25 526 376 4 233 Penny More LLC 2086 S E St Ste 100 San Bernardino CA 92408-2738 4229 N Mountain View Ave 79927 0154 221 02 306 156 4 234 Est of Thomas Walker 155 N Lake Ave Fl 11 Pasadena CA 91101-2333 4752 Olivewood Ln 976209 0154 691 18 534 384 4 235 Diego Pina 8135 C Ave Hesperia CA 92345-5906 4003 Quail Canyon Rd 79440 0155 271 42 822 672 4 236 Joyce Diaz & Kimberly Logan 3189 Sanchez St San Bernardino CA 92404-2721 3189 Sanchez St 80271 0155 142 16 762 612 4 237 Amando Jacquez PO Box 724 Laguna Beach CA 92652-0724 4297 N Sierra Way 79300 0154 222 02 1098 948 4 Packet Page. 656
Exhibit A
238 4343 Sierra Way LLC 6442 Coldwater Canyon Ave Ste 100 N Hollywood CA 91606-1191 4343 N Sierra Way 73292 0154 222 33 1396 1246 4 239 Denise Manriquez/Loreto Gonzalez 5305 Sierra Mesa Rd San Bernardino CA 92407-5360 5305 Sierra Mesa Rd 79774 0154 761 37 1002 852 4 240 John Green 449 Skylark Dr San Bernardino CA 92405-2347 449 Skylark Dr 976888 0271 071 86 822 672 4 241 Daniel Ploscariu 5641 Carol Ave Rancho Cucamonga CA 91701-1807 4567 N Stoddard Ave 49990 0154 152 09 606 456 4 242 MCM Quality Investments LLC PO Box 1479 Fontana CA 92334-1479 5705 Valerie Way 75618 0265 331 31 480 330 4 243 Nadim Dolous/Matthew Friedman 4237 N 4th Ave San Bernardino CA 92407-2909 932 W 31st St 79329 0151 121 03 534 384 5 244 Nadia Tedmori Revocable Liv Tr 5130 Santa Ana St Ontario CA 91761-8632 538 W 34th St 74196 0152 053 11 522 372 5 245 Jennifer Damon/Marc Cummings PO Box 121236 Big Bear Lake CA 92315-8951 742 W 36th St 79778 0151 173 05 450 300 5 246 Stan Hatch 1380 W 48th St Unit 90 San Bernardino CA 92407-5009 1380 W 48th St Unit 90 79572 0266 402 05 450 300 5 247 Jose & Roberto Brito 5083 Auburn Ave San Bernardino CA 92407-4611 5083 Auburn Ave 79767 0266 461 54 366 216 5 248 Yessy & Adhitya Sumardie 10963 Satsuma St Loma Linda CA 92354-6113 1997 S Barrington Pl 80266 0281 442 42 546 396 5 249 Anthon Caballero/Natalie Minero 330 N Orange Ave Rialto CA 92376-5822 2685 Belmont Ave 79769 0261 254 22 990 840 5 250 Rosemary Zometa/Arturo Gibert 3729 Big Canyon Ct San Bernardino CA 92407-5848 3729 Big Canyon Ct 79955 0266 661 31 1086 936 5 251 Sandra & Larry Robertson 5910 Laura Ln San Bernardino CA 92407-0214 4905 Cambridge Ave 57462 0266 381 15 390 240 5 252 Papinder Singh 6474 N Vinicola Dr San Bernardino CA 92407-1926 6437 N Cava Ln 79434 0261 762 04 510 360 5 253 LDC Management LLC 6449 N Cava Ln San Bernardino CA 92407-1958 6449 N Cava Ln 79358 0261 762 06 522 372 5 254 Chris & Kum Boyter 15785 Wood Rd Riverside CA 92508-8854 2008 N Colony Way 79271 0151 411 15 1026 876 5 255 Cecelia & Eric Catlin 8259 Malvern Ave Rancho Cucamonga CA 91730-3742 1400 W Edgehill Rd Apt 11 65433 0148 372 11 570 420 5 256 Lotts of Properties LLC 1400 W Edgehill Rd Apt 27 San Bernardino CA 92405-5117 1440 W Edgehill Rd 73571 0148 371 29 1050 900 5 257 Virginia Lopez 11155 Mountain View Ave Ste 103 Loma Linda CA 92354-3805 1609 Fullerton Dr 79617 0266 371 25 1050 900 5 258 Mwenye Arterberry PO Box 1282 Riverside CA 92502-1282 3179 Herrington Ave 79613 0148 273 02 1050 900 5 259 Ashley, Giselle & Kabir Baltodano 3232 N I St San Bernardino CA 92405-2814 3232 N I St 79880 0151 081 27 1062 912 5 260 LP63-201 Chestnut Street LLC 20 Clarington Way North Barrington IL 60010-6932 5705 Institution Rd 972277 0262 051 30 1968 1818 5 261 Maricela Aguilar/Jose Flores 855 Vine St San Bernardino CA 92410-3025 1469 Kendall Dr 78818 0266 171 10 450 300 5 262 Daniel Munoz 1725 Beacon Ct San Jacinto CA 92582-3295 3132 Little Mountain Dr Apt A 65899 0148 324 09 390 240 5 263 Schiro Family Living Trust 79860 Bermuda Dunes Dr Bermunda Dunes CA 92203-1452 3204 Little Mountain Dr #C 942633 0148 324 51 366 216 5 264 Rene Chavez 825 W Marshall Blvd San Bernardino CA 92405-2845 825 W Marshall Blvd 977424 0151 122 22 294 144 5 265 Alexandra Duarte 40 Bay Shore Ave Apt 1 Long Beach CA 90803-3498 924 W Marshall Blvd 77788 0151 081 30 774 624 5 266 Veronica Rodriguez 1606 Chestnut Grove Way Concord CA 94519-1964 1262 W Marshall Blvd 76478 0151 063 03 522 372 5 267 Johnathan Jimenez 15738 Del Osisbo Rd Fontana CA 92337-1084 3016 Mira Monte Dr 79334 0148 284 07 1074 924 5 268 Elizabeth & Samuel Montes 419 S Lone Hill Ave Glendora CA 91741-3874 1534 Morgan Rd 79997 0266 621 50 1050 900 5 269 Patricio & Isaura Sanchez 18017 Ramona Ave Fontana CA 92336-2338 1624 Morgan Rd 44097 0266 271 50 510 360 5 270 MPPD Capital LLC 4719 Lorelei Ave Long Beach CA 90808-1132 5302 Revere Ave 79821 0266 086 06 330 180 5 271 Brad Dunn Family Trust PO Box 825 Bridgeport CA 93517-0825 3056 Roberds Ave 76302 0148 313 06 522 372 5 Packet Page. 657
Exhibit A
272 Doris Mays/Damonde Finney 3003 W 76th St Los Angeles CA 90043-5362 6140 Robin Rd 74408 0261 321 75 354 204 5 273 Chlef Investments Inc 2715 W Foothill Blvd Ste 11 Rialto CA 92376-5364 1977 W Sycamore St 67833 0151 321 27 366 216 5 274 Residuary Trust 300 S Grnad Ave Flr 6 Los Angeles CA 90071-3109 4365 University Pkwy 77131 0266 101 31 1926 1776 5 275 Manuel Garcia 121 S Mountain Ave Upland CA 91786-6257 6483 N Walnut Ave 74368 0261 281 06 522 372 5 276 Iris Alvarado/Alejandro Guerra 2856 9th St Rialto CA 92376-4504 2856 9th St 79500 0142 371 16 366 216 6 277 Evalina Rhymes PO Box 8663 Emeryville CA 94662-0663 1356 W 10th St 60286 0139 103 23 354 204 6 278 Erick Torres 807 W Grafton Pl Anaheim CA 92805-1717 1331 W 11th St 79652 0139 102 09 450 300 6 279 John Farrelli 8463 E Kendra Loop Orange CA 92867-1505 2004 W 15th St 45248 0143 294 20 378 228 6 280 Richard Mchenry 44 Acacia Tree Ln Irvine CA 92612-2201 1573 W 16th St 79810 0143 092 24 330 180 6 281 Geovanni Hernandez 821 E D St Colton CA 92324-2604 1129 W 17th St 77822 0144 082 05 450 300 6 282 Ceferino Agulo 2159 E Amanda St San Bernardino CA 92404-6104 1213 W 17th St 75491 0144 111 03 582 432 6 283 MSPN Holding No 1 2234 E Colorado Blvd Pasadena CA 91107-3608 1956 W 17th St 79264 0269 141 21 558 408 6 284 Jesus Torres/Angel Cruz 1255 W 19th St San Bernardino CA 92411-1469 1255 W 19th St 79522 0144 072 06 1086 936 6 285 DLL Property Com 2309 W Wisteria Pl Santa Ana CA 92704-2830 1690 W 19th St 79560 0143 191 40 582 432 6 286 Lorene Morgan PO Box 9818 Moreno Valley CA 92552-1818 1907 W 19th St 76102 0269 072 19 960 810 6 287 Linda Garcia 1570 W 20th St San Bernardino CA 92411-1205 1570 W 20th St 67138 0143 032 17 810 660 6 288 ERE Investments LLC 4242 Louise Ave Encino CA 91316-3913 1851 W 23rd St 72471 0268 481 10 354 204 6 289 Saul Valencia 22491 De Berry St Apt 185 Grand Terrace CA 92313-5439 2373 Adams St 79355 0143 331 07 522 372 6 290 Inocencio Rodriguez 1705 Arizona Ave San Bernardino CA 92411-1014 1705 Arizona Ave 79490 0269 145 03 1014 864 6 291 Gear 6207 Cajon Popco LLC PO Box 2147 Warren MI 48090-2147 6207 Cajon Blvd 76201 0262 042 39 9004 8854 6 292 Stephen & Jolie Mascorro PO Box 54 Covina CA 91723-0054 1394 Colorado Ave 74430 0143 301 14 450 300 6 293 Jaime & Scott Marqquez Family Trust 2114 Aralia St Newport Beach CA 92660-4130 1065 W Evans St 58936 0144 154 07 354 204 6 294 KSR San Bernardino LLC 909 N Pacific Coast Hwy Ste 840 El Segundo CA 90245-2718 1356 W Evans St 975496 0143 101 03 522 372 6 295 Scott Marquez Sep PR Rev Tr 2114 Aralia St Newport Beach CA 92660-4130 1469 W Evans St 67213 0143 102 04 354 204 6 296 Jaime & Scott Marqquez Family Trust 2114 Aralia St Newport Beach CA 92660-4130 2197 W Evans 929915 0143 372 08 354 204 6 297 79 Lotus Apts LLC 305 N 2nd Ave Ste 213 Upland CA 91786-6064 2605 Flint Way 79761 0141 381 29 1205 1055 6 298 79 Lotus Apts LLC 305 N 2nd Ave Ste 213 Upland CA 91786-6064 2619 Flint Way 79762 0141 381 28 1205 1055 6 299 SMR SB LLC 909 N Pacific Coast Hwy Ste 840 El Segundo CA 90245-2718 2535 N Gardena St 975497 0268 426 04 510 360 6 300 Miguel Carrera/Margarito Bravo 3670 Camellia Dr San Bernardino CA 92404-2013 2946 N Gardena St 79644 0268 442 06 354 204 6 301 Jesus Jimenez 14132 Buckskin Ct George AFB CA 92394-7312 1287 Garner Ave 79857 0144 201 39 990 840 6 302 Baez-Sanchez Family Revocable Trust 13958 Dona Way Etiwanda CA 91739-2152 1511 W Gilbert St 79712 0143 094 16 990 840 6 303 Noe Contreras 7725 Emerald Ct Fontana CA 92336-2603 1456 Grand St 79992 0143 383 09 1038 888 6 304 Jalisco Trust 5570 W Phillips Blvd Montclair CA 91762-4637 2216 Greenwood St 75093 0142 252 14 546 396 6 305 Kien Truong/Betty Phung 1230 S South Hills Dr West Covina CA 91791-3954 1170 Hancock St 65505 0139 032 17 594 444 6 Packet Page. 658
Exhibit A
306 Jesus & Sandra Mejia 2020 Herrington Ave San Bernardino CA 92411-1333 2020 Herrington Ave 971716 0143 042 19 510 360 6 307 Cobra 28 NO 8 LP 4900 Santa Anita Ave Ste 2C El Monte CA 91731-1490 2044 Herrington Ave 79317 0143 042 23 366 216 6 308 Gary Darby 2080 Blake St San Bernardino CA 92407-6364 2295 W Highland Ave 79994 0269 021 06 990 840 6 309 Mark Moreno 3625 E Yale St Phoenix AZ 85008-2205 1503 Home Ave 91688 0143 134 23 330 180 6 310 SMR SB LLC 909 N Pacific Coast Hwy Ste 840 El Segundo CA 90245-2718 1638 N J St 975490 0144 123 48 522 372 6 311 Evolution Construction Group Inc 1148 Manhattan Ave Ste 2 Manhattan Bch CA 90266-5323 1307 N K St 79455 0144 212 13 480 330 6 312 Ruben & Pamela Perez 3530 June St San Bernardino CA 92407-6027 1136 Magnolia Ave 929491 0144 171 20 618 468 6 313 Daniel Pina/Odalis Lozanda 937 W Mallory Dr Bloomington CA 92316-2067 1823 Magnolia Ave 79494 0143 404 15 1038 888 6 314 Blue Bay Ventures LLC 883 Sneath Ln Ste 222 San Bruno CA 94066-2413 1210 Massachusetts Ave 79319 0144 202 26 594 444 6 315 DVA Investment LLC 108 Quartz Ln Lake Matthews CA 92570-7268 1315 Massachusetts Ave 79962 0144 211 41 306 156 6 316 Virgil Hughes 15864 Ninya Ave Moreno Valley CA 92551-4684 1163 Medical Center Dr 60300 0139 051 08 810 660 6 317 Rhonda Davis 3136 W 75th St Los Angeles CA 90043-5229 1164 Medical Center Dr 9556 0139 033 19 510 360 6 318 Angelito Nicolas 18241 Cummings St Fontana CA 92336-3005 573 Mikalor Ave 46688 0142 592 28 354 204 6 319 SMR SB LLC PO Box 3785 Palos Verdes Estates CA 90274-9529 1433 W Olive St 79930 0139 104 11 762 612 6 320 SMR SB LLC PO Box 3785 Palos Verdes Estates CA 90274-9529 1461 W Olive St 79929 0139 104 26 762 612 6 321 Kendall Minor 342 Dale St Apt 46 Perris CA 92571-4802 1475 W Olive St 79418 0139 104 04 1086 934 6 322 Trinidad N Menor Jr 11592 Old Field Ave Fontana CA 92337-1229 1650 Perris St 80069 0144 122 09 510 360 6 323 DNB LLC 140 Abbey Ct San Dimas CA 91773-2803 2058 N Pico Ave 79807 0143 041 12 330 180 6 324 Anna Martinez/Jessica Bugarin 9781 Via Esperanza Alta Loma CA 91737-3563 2275 Ramona Ave 79444 0148 173 11 522 372 6 325 Mary Mayo 7098 Perris Hill Rd San Bernardino CA 92404-6234 2454 Saint Elmo Dr 971944 0142 592 42 510 360 6 326 Jerry Garcia 149 W 41st Green CA 90037-0000 2578 Saint Elmo Dr 78460 0142 321 06 366 216 6 327 Meisheng Liu/Xiaol Guan 11018 Deer Canyon Dr Alta Loma CA 91737-2494 2639 San Anselmo Ave 68005 0143 354 05 834 684 6 328 Laura Saggers 1568 W Virginia St San Bernardino CA 92411-1740 1568 W Virginia St 79891 0143 132 17 318 168 6 329 KSR San Bernardino LLC PO Box 3785 Palos Verdes Estates CA 90274-9529 1979 Western Ave 79932 0143 063 10 762 612 6 330 Alfredo & Jill Virgen 396 W 25th St San Bernardino CA 92405-3726 396 W 25th St 79660 0149 162 03 1074 924 7 331 Jessica Lopez 439 W 25th St San Bernardino CA 92405-3727 439 W 25th St 79724 0149 181 07 1062 912 7 332 Group IX BP Properties LP 4900 Santa Anita Ave Ste 2C El Monte CA 92731-1490 539 W 25th St 900910 0149 175 07 1417 1267 7 333 SMR SB LLC 909 N Pacific Coast Hwy Ste 840 El Segundo CA 90245-2718 170 E 29th St 79466 0150 031 01 774 624 7 334 William & Lidia Stevens 7828 Boxwood Ct Highland CA 92346-5755 1073 E 29th St 6478 0150 352 15 858 708 7 335 Sandra Arias 16723 Kalmia Ln Fontana CA 92336-1878 205 E 34th St 79251 0153 082 16 960 810 7 336 Jacqueline Britton & Raymond Hanson 28855 Edward View Dr Highland CA 92346-5083 370 E 38th St 59723 0154 382 38 930 780 7 337 Rodrigo & Gloria Ramirez 10711 Beverly Blvd City Industry CA 90601-2044 2555 N Alameda Ave 78548 0155 171 49 450 300 7 338 Blanca Ramirez-Jaimesbla 3036 N Newport Ave San Bernardino CA 92404-2541 1136 E Alexander Ave 76884 0150 381 27 342 192 7 339 Giovanni Guilin 2672 N E St San Bernardino CA 92405-3426 2672 N E St 78894 0149 155 11 354 204 7 Packet Page. 659
Exhibit A
340 SPSSM Investments III LP 4900 Santa Anita Ave Ste 2C El Monte CA 91731-1490 3525 N E St 969374 0152 061 23 545 395 7 341 Anthony Gonzalez 596 E 28th St San Bernardino CA 92404-3928 2483 Genevieve St 74074 0150 221 72 330 180 7 342 G & L Zendajas Living Trust 1652 Plum Ln Ste 102 Redlands CA 92374-4594 3615 Genevieve St 76937 0152 036 16 858 708 7 343 David Yang 100 Atlantic Ave Apt 905 Long Beach CA 90802-5150 2761 N Golden Ave 954146 0272 111 28 330 180 7 344 David Lasky 2724 N H St San Bernardino CA 92405-3356 2724 N H St 77891 0149 094 37 606 456 7 345 Edward Holmgren PO Box 693 Menifee CA 92586-0693 3131 N H St 40722 0151 131 04 990 840 7 346 Glak Properties LLC 4242 Louise Ave Encino CA 91316-3913 1206 Holly Vista Blvd 76827 0155 191 19 330 180 7 347 Cobra 28 NO 2 LP 4900 Santa Anita Ave Ste 2C El Monte CA 91731-1490 2782 N I St 79626 0149 091 07 354 204 7 348 Isais Solano/Esther Muturi 5541 Arrow Hwy Ste B Montclair CA 91763-6600 2665 La Veta St 79456 0272 171 28 534 384 7 349 Joshua Merideth 9269 Utica Ave Ste 100 Rancho Cucamonga CA 91730-5456 2495 Lawrence Ave 79783 0150 332 21 330 180 7 350 Daniel & Matthew Sprigg 631 N Stephanie St Henderson NV 89014-2633 3296 Leroy St 69303 0153 083 11 534 384 7 351 Desiree Trujillo 2924 Genevieve St San Bernardino CA 92405-3520 2820 Lincoln Dr 79459 0148 112 14 1086 936 7 352 ERE Investments LLC 4242 Louise Ave Encino CA 91316-3913 2315 N Lugo Ave 74082 0150 241 41 378 228 7 353 Martina Stark 3336 N Arrowhead Ave San Bernardino CA 92405-2552 2450 N Lugo Ave 66579 0140 231 17 270 120 7 354 Walter Valiente/Blanca Rameriz 2661 N Lugo Ave San Bernardino CA 92404-3646 2661 N Lugo Ave 8201 0150 241 63 810 660 7 355 Avelino & Anna Rodriguez 237 Garden Air Ct Calimesa CA 92320-2501 2711 N Mountain View Ave 79603 0150 131 01 1062 912 7 356 Lawrence & Bonnie Broadus 3894 N Mountain View Ave San Bernardino CA 92405-2330 3894 N Mountain View Ave 79447 0271 062 24 510 360 7 357 Vanessa & Michael Fondanova 430 W 25th St San Bernardino CA 92405-3728 2716 N Mountain View Ave 79792 0150 122 26 330 180 7 358 Eddie Vallalobos 703 N Noanne Anaheim CA 92801-0000 3115 N Pershing Ave 79922 0152 182 14 450 300 7 359 Charline Bessermin/Marilyn Alexander 171 E Ralston Ave Apt 1 San Bernardino CA 92404-1650 171 E Ralston Ave 20603 0154 464 35 598 448 7 360 Hilda & Oscar Trejo 3152 N Sierra Way San Bernardino CA 92405-2543 3152 N Sierra Way 63254 0152 184 07 594 444 7 361 National Capital One Investments LLC PO Box 1377 Beverly Hills CA 90213-1377 2824 Wall Ave 79726 0150 061 21 450 300 7 362 Deventure Holdings LLC 136 N Grand Ave Ste 212 West Covina CA 91791-1728 1283 W Lynwood Dr 69669 0148 252 19 294 144 Packet Page. 660
This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3809631
Diane Grant

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING

NOTICE OF PUBLIC HEARING
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
05/04/2024
05/06/2024

SAN BERNARDINO
!A000006758878! Email

CITY OF SAN BERNARDINO -

NOTICE OF PUBLIC HEARING IS
HEREBY GIVEN to the general
public that on Wednesday May 15,
2024, at 5:00 PM the City of San
Bernardino's City Council will
conduct a Public Hearing at
Feldheym Public Library, located at
555 W 6th
St, San Bernardino, CA
92410 regarding Business
Registration Liens. Information
regarding accessing and
participating will be provided on the
City Council Agenda and published
on the City of San Bernardino's
website.
5/4/24
SBS-3809631#
Packet Page. 661

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Kris Watson, Director of Animal Services
Department: Animal Services
Subject: Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership
Agreements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-096:

1. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 operating budget by $350,000 to cover the cost of salary and benefits of additional positions added as a result of the Regional Partnership Agreements for Animal Services; and

2. Increase the Animal Services department authorized full-time position count from 40 to 71.

Executive Summary
It was established that the City of San Bernardino would enter into a Regional Partnership for Animal Services with the cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto. In order to accommodate the additional animals this Regional Partnership Agreement will bring, the Department needed to increase the number of staff to care for the animals at the shelter and connect with the community to facilitate reunification with owners, encourage adoption, fostering and volunteering from the public. The costs for staffing in this fiscal year will only be applied to May and June, is estimated to be approximately $350,000.00.

Background
Earlier this year, the Department of Animal Services received notification that Riverside County Animal Services would be discontinuing shelter services for the cities of Colton, Fontana and Rialto on June 30, 2024. Subsequently, these three cities in our region are in need of a shelter to contract for services beginning with July 1, 2024.

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The cities of Colton and Fontana previously contracted with the City of San Bernardino for shelter services; those contracts ended in 2014 (Colton) and 2015 (Fontana) when those cities began contracting with the County of Riverside. The City of Rialto previously contracted with the County of San Bernardino until 2018 when they transferred to Riverside County for shelter services. The cities of Grand Terrace and Loma Linda currently contract with the City to provide shelter services.

Animal Services realized that this is a significant investment in the welfare of animals in our city and in our region. In an effort to lessen the impact on the General Fund of our city, as well as any partner Cities, the Mayor and City Council adopted Resolution No. 2023-188 on December 6, 2023, that established a Nonprofit Public Benefit Corporation to actively raise funds for programs and services to benefit all the animals in the shelter, as well as programs which support pet owners in our community. The Nonprofit is named “Friends of San Bernardino Animal Services Foundation”.

Discussion
Animal Services worked with the Human Resources Department to recruit, interview, and hire additional staff approved in the regional partnership. In an effort to ensure the Department is ready to accept animals from the partner cities on July 1, 2024, the new staff need to be hired and trained by the end of June 2024.

To maximize public access and move animals through the system quickly, the Department will be open to the public seven days a week from 10:00AM to 5:00PM and will be open late on Wednesdays until 7:00PM. These expanded hours will enable pet owners to look for and redeem their lost pets or adopt new pets daily and would be beneficial to members of our community who may have difficulty coming to the shelter with the current hours.

The total cost for the additional positions with fully burdened benefits is estimated to be $2,794,657.00 annually. Due to the terms of the Regional Partnership Agreement, the City of San Bernardino will be reimbursed by the five cities in the Agreement after July 1, 2024. They will be billed quarterly for staffing costs based on the actual amount incurred with salary and benefits. The cost for staffing in this fiscal year will only be applied to May and June and is estimated to be approximately $350,000.00. 2021-2025 Strategic Targets and Goals
Partnering with the other cities in our region aligns with Strategic Target #2: Focused, Aligned Leadership and Unified Community be implementing a community engagement plan and building a culture that attracts, retains, and motivates the highest quality talent, Strategic Target #3: Improved Quality of Life by partnering with other entities in the Region, ensuring consistent, stable animal services for our residents and those of neighboring cities.

Fiscal Impact
The fiscal impact to the General Fund in FY 23/24 will be $350,000 in the form of a Packet Page. 663

Page 3 ends

transfer into the Animal Services Fund to cover the cost of salary and benefits of additional positions added as a result of the Regional Partnership Agreements for Animal Services.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-096:

2. Increase the Animal Services department authorized full-time position count from 40 to 71.

Attachments

1. Attachment 1 – Resolution No. 2024-096

2. Attachment 2 – Estimated Salary and Benefits Costs with Regional Partners Allocations
Ward:

All Wards
Synopsis of Previous Council Actions:

December 6, 2024 Regional Partnership for Animal Services April 17, 2024 Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements – Site Improvement Costs
Packet Page. 664
Resolution No. 2024-096
Resolution 2024-096
May 15, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-096

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2023/24
OPERATING BUDGET BY $350,000 TO COVER THE COST

OF SALARY AND BENEFITS OF ADDITIONAL

POSITIONS ADDED AS A RESULT OF THE REGIONAL
PARTNERSHIP AGREEMENT FOR ANIMAL SERVICES;

AND INCREASE THE ANIMAL SERVICES DEPARTMENT
AUTHORIZED FULL-TIME POSITIONS COUNT FROM 40
TO 71.

WHEREAS, on December 6, 2023, the Mayor and City Council authorized staff to enter into a Regional Partnership Agreement for Animal Services Cities; and WHEREAS, the City of San Bernardino will enter into Regional Partnership Agreements for Animal Services with the Cities of Colton, Fontana, Grand Terrace, Loma Linda and Rialto on July 1, 2024; and
WHEREAS, the City of San Bernardino will need to hire and train new staff members to prepare for the influx of animals that this Regional Partnership Agreement will bring into the facility.

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

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

SECTION 2. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2023/24 operating budget by $350,000 to cover the costs of staffing associated with the Regional Partnership Agreement and increase the department’s fulltime position count from 40 to 71.

SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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Resolution No. 2024-096
Resolution 2024-096
May 15, 2024

Page 2 of 3 ends

SECTION 5. 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 15th day of May 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 666
Resolution No. 2024-096
Resolution 2024-096
May 15, 2024

Page 3 of 3 ends

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. 2024-096, adopted at a regular meeting held on the 15th day of May 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page. 667

ESTIMATED SALARIES OF SHELTER STAFF
Position Title
Number of
Positions
Needed
Total Salary
Cost
Total Benefits
Cost
Combined
Salary and
Benefits Cost
Animal Shelter Attendant 8 $374,360.00 $214,664.00 $589,024.00 Animal Services
Representative 2 $93,590.00 $53,666.00 $147,256.00
Senior Animal Services
Representative 7 $361,914.00 $192,339.00 $554,253.00
Animal Services
Supervisor 2 $160,260.00 $62,418.00 $222,678.00
Animal Services Manager 1 $101,797.00 $34,054.00 $135,851.00 Community Services
Program Coordinator 5 $328,465.00 $146,570.00 $475,035.00 Registered Veterinary
Technician 2 $139,494.00 $59,692.00 $199,186.00
Veterinary Assistant 3 $164,673.00 $83,685.00 $248,358.00 Shelter Veterinarian 1 $178,846.00 $44,170.00 $223,016.00 Total Staffing Costs $2,794,657.00
Estimated Cost
to Partners City Percentage Share
$1,539,319.50 San Bernardino 53.5%
$647,916.00 Fontana 24%
$377,951.00 Rialto 14%
$188,975.50 Colton 7%
$26,996.50 Grand Terrace 1%
$13,498.25 Loma Linda 0.5%
$2,794,657.00 Total 100%
Packet Page. 668

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya , City Manager
Department: City Manager's Office
Subject: Mayor and City Council After Action Report from the May 1, 2024, Meeting (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify the changes made to staff recommendations during the May 1st, 2024, Mayor and City Council Meeting as documented in the attached After Action Report.

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290 North D Street, San Bernardino, CA 92401 | P: 909-384-5122 | www.SBCity.org Office of the City Manager | Charles A. Montoya, City Manager

MEMORANDUM
To: Mayor and City Council
From: City Manager’s Office
Date: March 10, 2024
Subj: Mayor and Council After Action Report from May 1st The following staff recommendations were changed by City Council Direction on May 1st 2024.

Staff will be bringing back an after action report each meeting for Council to Ratify any changes made on the dais the previous meeting:

Agenda Item Number #2: FY 2024-25 Annual Action Plan
Staff Recommendation:

CDBG Funding for Public Facilities Projects
• El Sol Recreation & Wellness Center $1,000,000
• City Public Improvement Projects (general) $659,388
Recommended changes by Council:

CM Sanchez Recommendation
CDBG Funding for Public Facilities Projects
• El Sol Recreation & Wellness Center $250,000
• Encanto Park baseball field $250,000
• Gutierez Park baseball field $250,000
• Project Fighting Chance $250,000
• City Public Improvement Projects (general) $659,388
Note: Staff cannot recommend all changes as it will violate federal rules and HUD’s CDBG guidelines. Staff will present an alternative recommendation that closely aligns with Council’s direction that is consistent with federal rules and CDBG guidelines.

Request for Council Approval: YES NO
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City of San Bernardino Page 2 of 2
Agenda Item Number #18: Peace Officer Housing Incentive Program Staff Recommendation:

Receive and file the report regarding the potential Peace Officer Housing Incentive Program, which is proposed to be in effect beginning July 1, 2024 through June 30, 2025.

Recommended changes by Council:

CM Sanchez Recommendation
Bring back the item with the following additional information:
• What triggers forgiving the loan and how much is forgiven • Cost out the program for all City employees
• Look into this being an enterprise account
CM Ibarra Recommendation
Look into loan forgiveness for people who work in certain fields, such as doctors and nurses to incentivize them to move to San Bernardino.

CM Figueroa Recommendation
Look into how this impacts our obligations with the IRS with respect to the difference in interest rates for mortgages (market rate vs lower than market rate). Clarify the language of the program to note that it cannot be terminated without Council’s approval.

Request for Council Approval: YES NO
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Jasmine Glover-Mcnamara, Deputy Director of Animal
Services
Department: Animal Services
Subject: Accept Donation Funds from Stater Bros. Charities for KFROG Public Service Announcements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-097:

1. Accepting a donation in the amount of $42,500 from Stater Bros. Charities; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 budget in both revenues and expenses and appropriate $42,500 to be used towards animal shelter programs and services.

Executive Summary
On February 9th, 2024, Stater Bros. Charities offered to donate $42,500 to fund public service announcements and sponsor two highly publicized adoption events through KFROG radio media coverage. These donated funds will not only cover the cost of media coverage and adoption event promotions, but it would also allow us to impact an audience much larger than the Animal Services Department or City social media can reach.

Background
On January 17, 2024, the Mayor and City Council approved a donation from Stater Bros. Charities in the amount of $7,000 to the Department of Animal Services for the purchase of food and supplies to feed the City’s shelter pets a Thanksgiving meal.

Stater Bros. Charites has continued to assist the shelter with pet food and laundry detergent donations. On February 9, 2024, the Department was presented with an opportunity to collaborate with Stater Bros. Charities and KFROG media to promote the City of San Bernardino Animal Services adoption, volunteering, and fostering Packet Page. 672
efforts through recorded promotional spots, adoption events, and social media highlights of our new Spay and Neuter Mobile Clinic with the cost of the media coverage in the amount of $42,500 to be donated by Stater Bros. Charities.

Discussion
The campaign developed to promote the Department’s adoption, fostering, and volunteering efforts have the potential to reach a large segment of the population. For instance, KFROG will promote an adoption event at the Toyota Arena later this year.

To help raise awareness of the event, KFROG will encourage listeners to join them at the event where 4 pairs of tickets will be given away. There will be fifteen 15-second recorded promotional spots on KFRG FM 95.1 leading up to the event along with 30 second radio ads encouraging attendance. The event will be listed on the KFROG.com event listing and contest page, in the KFROG promotional email newsletter, and branded social media campaign to promote the event and bring further awareness to our shelter.

KFROG’s Heather will also conduct a “social takeover” once per quarter to showcase the Department of Animal Services Spay & Neuter Mobile Clinic. This will help connect the public with a deeper understanding of the importance of spay and neuter while highlighting the need for shelter adoptions.

Additionally, Stater Bros. Charites and KFROG have an opportunity to make a significant impact in the community by having the City of San Bernardino Department of Animal Services participate in an inaugural ‘FurrFest’ adoption event. By hosting this adoption event, the Department will benefit from the influential reach of KFROG.

Lastly, KFROG will provide twenty 30 second radio ads weekly along with a social media campaign targeting the residents of San Bernardino County and highlighting the City of San Bernardino Animal Shelter and the animals up for adoption or foster. 2021-2025 Strategic Targets and Goals
The request to accept Donation Funds from Stater Bros. Charities for KFROG Public Service Announcements aligns with Strategic Target No. 1: Improved Operational and Financial Capacity, through the opportunity for increased donation funds which will allow the Department to implement and maintain promotional events, highlighting adoptable animals. Strategic Target No. 2. Focused, Aligned Leadership and Unified Community, by implementing community engagement, and building a culture that attracts, retains and motivates the highest quality talent. Strategic Target No. 4.

Economic Growth & Development, through develop a branding and marketing campaign.

Fiscal Impact
The FY 2023/24 operating budget will be amended by $42,500 in both revenues and expenditures.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-097:

1. Accepting a donation in the amount of $42,500 from Stater Bros. Charities; and

Attachments
Attachment 1 Resolution 2024-097
Attachment 2 Letter from Stater Bros. Charities
Attachment 3 Presentation from Stater Bros. and KFROG
Ward:

All Wards
Synopsis of Previous Council Actions:

January 17, 2024 Mayor and City Council accepted a donation from Stater Bros.

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Resolution No. 2024-097
Resolution 2024-097

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May 15, 2024
RESOLUTION NO. 2024-097

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DEPARTMENT OF ANIMAL

SERVICES TO ACCEPT DONATION FUNDS IN THE
AMOUNT OF $42,500 FROM STATER BROS. CHARITIES;

AND AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2023/24
BUDGET TO APPROPRIATE $42,500 TO BE USED

TOWARDS ANIMAL SHELTER PROGRAMS AND
SERVICES.

WHEREAS, the City of San Bernardino Department of Animal Services has been approved for donation funding by Stater Bros. Charities; and WHEREAS, the City is working to increase the number of animals adopted; and WHEREAS, the City is working to expand outreach efforts through media; and WHEREAS, the donation funding would support the City in its efforts.

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

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

SECTION 2. The Mayor and City Council hereby approves the acceptance of donation funds from Stater Bros. Charities.

SECTION 3. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2023/24 Budget to appropriate $42,500 of the donation funding for animal shelter programs and services.

SECTION 4. 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 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.

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Resolution No. 2024-097
Resolution 2024-097

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May 15, 2024
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 15th day of May 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. 2024-097
Resolution 2024-097

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May 15, 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. 2024-097, adopted at a regular meeting held on the 15th day of May 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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San Bernardino City Animal Shelter 2024 Advertising Campaign Stater Bros. Charities has agreed to donate $42,500 to San Bernardino City Animal Shelter. These funds are to be used to pay Audacy/KFRG-FM for the following advertising partnerships from April through December, 2024.

Please see the following pages for campaign details of the approved advertising to help bring further awareness to San Bernardino City Animal Shelter.

CONFIDENTIAL DISCLAIMER
KFRG 95.1 FM, KXFG 92.9 FM and KFRG 93.1 HD2 2024 Partnership Packet Page. 679
K-FROG Kenny Chesney Ticket Attack, May, 2024 at Toyota Arena Sponsorship Benefit: No one gives away more country concert tickets than K-FROG! Kenny Chesney is bringing his “Sun Goes Down” tour to SoFi Stadium on July 20th, and we have your tickets! To help promote the big adoption event at Toyota Arena in May, K-FROG will encourage our listeners to join us for a 2-hour appearance where we will giveaway 4 pairs of tickets.

CONFIDENTIAL DISCLAIMER
STATER BROS. MARKETS/STATER BROS. CHARITIES WILL RECEIVE:
(15) :15 Recorded promotional spots on KFRG-FM 95.1 leading up to the event Custom Spot Schedule with :30 second radio ads encouraging attendance (1) 2-hour KFRG-FM 95.1 Station Appearance, includes:
- KFROG.com event listing
- KFROG.com contest page
- 1 K-FROG promotional email newsletter inclusion
- 4 pairs of tickets to Kenny Chesney 7.20 for giveaways - - 1 minimum promotional social media mention promoting the Station Appearance at that location. - Call to action in this message: Talent, event times, prizes, location etc. - Brand Social Media campaign in conjunction with KFRG to promote this remote and adoption event to further awareness and attendance up to 70,000 reach Total Investment: $7,500.00
* $350 Talent Fee & Call-Ins Included
KFRG 95.1 FM, KXFG 92.9 FM and KFRG 93.1 HD2 2024 Partnership Packet Page. 680
KFRG 95.1 FM, KXFG 92.9 FM and KFRG 93.1 HD2 2024 Partnership Heather Social Takeover At Mobile Animal Care Unit
K-FROG’s Heather will conduct a “social takeover” once per quarter to show off the San Bernardino Animal Shelter’s new mobile medical unit! A social takeover presents a unique and powerful opportunity for San Bernardino Animal Shelter in conjunction with Stater Bros. Markets and Stater Bros. Charities to connect with our audience on a deeper level while enhancing your brand's visibility.

By entrusting our platform with our on-air talent, your business will tap into our existing followers and inject fresh energy into your content. This cross-promotional strategy not only introduces the San Bernardino Animal Shelter to new audiences but also revitalizes the interest of our current listeners. The takeover creates a sense of exclusivity and anticipation, encouraging engagement, discussions, and buzz around the mobile animal care unit and the many services that are offered to the residents and their beloved pets in the greater San Bernardino area.

CONFIDENTIAL DISCLAIMER
K-FROG to Provide:
(1) Web page on the mobile animal care unit at KFROG.com for the year - Promotional Value: $25,000.00 (4) Heather to post her experience with the mobile spay unit on K-FROG socials - Promotional Value: $2,500.00 Proposed Campaign Dates:

April, TBD, Estimated Reach for 14 days 252,000 – 262,000 5/27/24 – 6/9/24, Estimated Reach for 14 days 252,000 – 262,000 8/12/24 – 8/25/24, Estimated Reach for 14 days 252,000 – 262,000 12/2/24 – 12/15/24, Estimated Reach for 14 days 252,000 – 262,000 Total Value Of Promotion: $37,500
TOTAL INVESTMENT: $2,500 PER QUARTER/$10,000 TOTAL INVESTMENT Examples:
https://www.instagram.com/reel/C2DkTzvyOEQ/
https://www.instagram.com/reel/C0P4kWQvYj3/
https://www.instagram.com/reel/CxvfAn2u9te/
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KFRG 95.1 FM, KXFG 92.9 FM and KFRG 93.1 HD2 2024 Partnership Stater Bros. Charities Presents: FurrFest!!
Stater Bros. Markets & Stater Bros. Charities has a unique opportunity to make a significant impact in the community by partnering with K-FROG to conduct the inaugural ‘FurrFest!’ This collaboration not only aligns with Stater Bros. commitment to community welfare but also taps into the influential reach of K-FROG. By putting on FurrFest, the partnership can directly assist placement of animals at the San Bernardino Animal Shelter that need their furr-ever homes. The generosity of providing essential needs and placement of these pets through this joint effort would undoubtedly resonate with both Stater Bros. Markets and K-FROG's audience, creating a positive ripple effect that showcases the power of collaboration in making a meaningful difference in people and pet’s lives.

TIMING: October 2024. October is National Adopt a Shelter Dog Month! Onsite remote on Saturday, October 19th from 9am – 12noon

CONFIDENTIAL DISCLAIMER
K-FROG to Provide: • 100x promotional mentions on KFRG 95.1 FM and KXFG 92.9 FM - Promotional Value: $27,500.00 • Event page on KFROG.com with hyperlink for approx. 6 weeks - Promotional Value: $3,000.00 • (5) Station newsletter inclusion (approx. 30,000+ subscribers) – Promotional Value: $2,500.00 • (10) Social media post/story inclusions – Promotional Value: $5,000.00 - (KFROG Socials: 62.7K Likes on FB, 30.5K Followers on IG, 19.4K Followers on Twitter) • (1) 3-hour remote with all KFRG DJ’s present in partnership with Stater Bros. Markets & Charities- Promotional Value: $10,000.00 • (6) Live Call-in’s during the remote to encourage people to come out and join the fun! Foster or adopt a pet – Promotional Value: $1,200 Total Value Of Promotion: $49,200.00
Investment: $25,000
Stater Bros. Markets to provide: • ADMAT in Stater Bros. Markets stores • Vendors or vendor contacts to be a part of the event
• Location for event, must be a location with obtainable COI requests • Stater Bros. Markets to handle any permitting required through city Packet Page. 682
Rated format in
America.

This report was created using the following information: NATIONAL REGIONAL DATABASE; SP23 / FA22; US Total; M-Su 12m-12m; P 12+ Listeners
throughout
Southern California

K-FROG SNAPSHOT
Mo & Styckman
National Talent
12A-5A 5
ON-AIR TALENT(Weekdays)
170,000+
Page views on
KFROG.COM
every month
Facebook Likes
Instagram Follows
X Followers
19,497
30,608
62,807
34 Years
On the air.

A trusted brand
of heritage
California country
P25-54
Core audience:

Active
Affluent
Credit Worthy
Educated
Employed Adults
Homeowners
#1
$7.5 MIL
Raised for Loma
Linda University
Children’s Hospital
Kelli & Guy
5A-9A
Katie Neal
National Talent
12P-3P
Anthony
3P-7P
The Rob & Holly Show
National Talent
7P-12A
521,300
K-FROG
has been
nominated
4 years
in a row
for an
Academy
of Country
Music
(ACM)
award or a
Country
Music
Award
(CMA!)
2020
2021
Heather
9A-12P
2022
2023
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K-FROG’s Social Media Strength
6 CONFIDENTIAL DISCLAIMER
Updated 1/9/24

KELLI & GUY
Facebook: 6,663
X: 3,075
Instagram: 17,542

HEATHER ANTHONY PEPPER DANA K-FROG
Facebook: 7,699
X: 7,154
Instagram: 10,462
Facebook: 1,668
X: 2,105
Instagram: 9,966
Facebook: 6,580
X: 2,743
Instagram: 7,014
Facebook: 6,231
X: 1,328
Instagram: 5,258
Facebook: 62,807
X: 19,497
Instagram: 30,608
Total Following: 208,610
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Kris Watson, Director of Animal Services
Department: Animal Services
Subject: Increase Vendor Contract Amount (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-098, authorizing:

1. The Director of Finance and Management Services to amend the FY 2023/24 Animal Services budget in the amount of $150,000, appropriated for expenses, and;

2. The City Manager to execute Amendment No. 1 to the contract with Victor Medical, increasing the annual contract amount by $150,000 for an annual total of $300,000 for Veterinary Medical Supplies.

Executive Summary
On December 17, 2023, the Mayor and City Council approved contract negotiations with the cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto for shelter services beginning on July 1, 2024. All of the cities have approved the contract with the City of San Bernardino for Animal Services effective June 1, 2024. The Department expects an increase of animals beginning on July 1, 2024, and needs to purchase vaccines and other necessary medical supplies prior to the contract start date to ensure we have sufficient inventory to care for the influx of animals. Staff recommend a contract amount increase of $150,000 annually to cover the additional costs.

Background
On March 2, 2022, the Mayor and City Council approved a 3-year contract with Victor Instruments, Inc. for an annual not to exceed amount of $150,000. On December 17, 2023, the Mayor and City Council authorized the City Manager to conduct negotiations with the cities of Colton, Fontana, Grand Terrace, Loma Linda and Rialto for shelter services. All of the cities have approved the contract and will start housing their animals with the City of San Bernardino beginning on July 1, 2024. The Department is expecting Packet Page. 685

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the annual number of pets impounded at the shelter to double as a result of the contracts. The Department is asking for the annual contract amount with Victor Instruments, Inc. to be increased to an amount not to exceed $300,000.00 annually.

This increased amount will allow the Department to order the necessary medical supplies to care for the additional animals impounded from the contract cities.

Discussion
The department expects to double the number of animals impounded at the shelter once the contract period begins on July 1, 2024. In anticipation of the increase of animals, the Department needs to amend the agreement with Victor Instruments, Inc. to increase the annual contract amount to purchase vaccines and other necessary veterinary medical supplies to care for the animals in the shelter. The Department is requesting the increased contract amount to be applied to this fiscal year as well as next fiscal year so that we can purchase the goods now to ensure supplies are on hand and available for use beginning in July and August.

The increased contract amount will be shared with the other contract cities according to the executed agreements. Each of the cities will be billed quarterly for actual costs based on their share of expenses, including veterinary medical supplies. 2021-2025 Strategic Targets and Goals
The request for an amendment to the contract with Victor Medical aligns with Strategic Target #1 – Improved Operational & Financial Capacity by creating a framework for spending decisions.

Fiscal Impact
The Animal Services Fund’s expense budget will be increased by $150,000, of which $47,000 will be reimbursed by the other contract cities.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-, authorizing:

1. The Director of Finance and Management Services to amend the FY 2023/24 Animal Services budget in the amount of $150,000, appropriated for expenses, and;

2. The City Manager to execute Amendment No. 1 to the contract with Victor Medical, increasing the annual contract amount by $150,000 for an annual total of $300,000 for Veterinary Medical Supplies.

Attachments
Attachment 1 Resolution 2024-098
Attachment 2 Purchase Agreement with Victor Instruments Inc – 2022 Attachment 3 Victor Instruments Inc Contract Extension Option Year 1 Attachment 4 Contract Amendment No.1 with Victor Instruments Inc Packet Page. 686

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Ward:

All Wards
Synopsis of Previous Council Actions:

On March 2, 2022, the Mayor and City Council adopted Resolution No. 2022-41, approving an annual agreement with Victor Medical in an annual not to exceed amount of $150,000.00. On December 17, 2023, the Mayor and City Council approved contract negotiations for shelter services with the cities of Colton, Fontana, Grand Terrace, Loma Linda and Rialto.

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Resolution No. 2024-098
Resolution 2024-098
May 15, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-098

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2023/24

ANIMAL SERVICES BUDGET IN THE AMOUNT OF
$150,000, APPROPRIATED FOR EXPENSES, AND THE

CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE CONTRACT WITH VICTOR INSTRUMENTS, INC. IN
AN AMOUNT NOT TO EXCEED $300,000 ANNUALLY TO

PURCHASE VETERINARY SUPPLIES AND

MEDICATIONS FOR ANIMALS IMPOUNDED AT THE

SHELTER
WHEREAS, on March 2, 2022, the Mayor and City Council approved an annual contract with Victor Instruments, Inc. in an amount not to exceed $150,000 annually; and WHEREAS, the City has executed contracts for shelter services for animals from additional cities; and
WHEREAS, the number of animals at the shelter is expected to increase significantly, requiring additional veterinary medical supplies; and
WHEREAS, the City now wishes to amend the Purchase Agreement with Victor Medical Company to increase the annual contract in an amount not to exceed $300,000.

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

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

SECTION 2. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2023/24 Animal Services budget in the amount of $150,000, appropriated for expenses.

SECTION 3. The Mayor and City Council hereby authorize the City Manager, or designee, to execute a goods purchase agreement amendment with Victor Instruments, Inc. in an amount not to exceed $300,000 annually to for veterinary supplies and medications for shelter animals.

SECTION 4. 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 Packet Page. 688
Resolution No. 2024-098
Resolution 2024-098
May 15, 2024

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

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 15th day of May 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. 2024-098
Resolution 2024-098
May 15, 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. 2024-098, adopted at a regular meeting held on the 15th day of May 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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55600.00100\33763078.1
AMENDMENT NO. 1 TO

GOODS PURCHASE AGREEMENT

WITH VICTOR INSTRUMENTS, INC
This Amendment No. 1 to the Goods Purchase Agreement is made and entered into as of May 15, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Victor Instruments, Inc., a corporation with its principal place of business at 50 Bunsen, Irvine CA 92618 d/b/a Victor Medical Company (“Vendor”). City and Vendor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Vendor have entered into an agreement, dated March 3, 2022, for the purpose of providing Veterinary Medical Supplies (the “Master Agreement”)
B. WHEREAS, the City and the Vendor have entered into Amendment No. 1 to the Master Agreement, dated May 15, 2024 for the purpose of amending the Term of the Master Agreement.

C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement through June 30, 2025, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall be extended through June 30, 2025 unless earlier terminated.

3. Compensation. Increase the total not to exceed compensation amount of the Master Agreement to $300,000.00.

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

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5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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55600.00100\33763078.1

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE GOODS PURCHASE AGREEMENT

WITH VICTOR INSTRUMENTS, INC
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles A. Montoya
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

VICTOR MEDICAL COMPANY
Steve Liscomb
Vice President
APPROVED AS TO FORM:

Rick Bills
Director of Sales
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Gabriel Elliott, Director of Community Development and
Housing
Department: Community Development & Housing
Subject: Approve Amendment #1 to the Community Action
Partnership of San Bernardino County (CAPSBC)
Vendor Services Agreement for the Mobile Shower
Program (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, approve Amendment No. 1 to the Vendor Services Agreement (VSA) with the Community Action Partnership of San Bernardino County (CAPSBC) for a one (1) year term extension to continue the Mobile Shower Program.

Executive Summary
Community Action Partnership of San Bernardino County (CAPSBC) has provided Mobile Shower and Laundry services to homeless clients throughout the City of San Bernardino during FY 2023-2024. This service is provided with the use of American Rescue Plan Act (ARPA) funds approved by Council on May 17, 2023. The amendment will provide CAPSBC the opportunity to provide these services for another program year.

Background
CAPSBC is the main contributor of mobile shower services in the City and oversees several mobile shower operations. CAPSBC, which is a brick-and-mortar, non-profit organization based in the City of San Bernardino, provides a wide array of resources to low-income individuals and families. In 2021, due to the COVID-19 pandemic, CAPSBC expanded their operations to include mobile shower and laundry services for the unhoused, providing hope and dignity.

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During the Homeless Workshop held on October 27, 2022, the Council agreed there was a need to expand mobile shower services to unhoused individuals in the City to improve public health and hygiene for those experiencing homelessness. On December 7, 2022, the Council unanimously approved the use of $150,000 in ARPA funds to expand the City’s mobile shower services, which will help to remove barriers for individuals who lack housing and access to running water.

Discussion
CAPSBC currently operates a Mobile Shower Program on the City’s behalf, to address public health and safety concerns, and to provide unhoused individuals with a sense of hope and renewed self-esteem. The 28 feet mobile shower unit comes equipped with three (3) full-service restrooms (shower, sink, and toilet), including an ADA compliant restroom. The trailer also has an adjacent laundry area that contains two (2) washers and two (2) dryers allowing unhoused residents the ability to wash their clothing. There is an onboard water tank that can easily be re-filled by a faucet or garden hose connection. The mobile shower unit can relocate as needed to different areas of the City as long as there is a connection to a water system. A vacuum truck operated by rained, non-city staff (not volunteers) is used to empty the trailer.

The mobile shower unit is powered by a generator and shower times are limited to 15 minutes. Depending on the number of showers in a 4-hour period, the unit will use 50- 100 gallons of water. This estimate does not include running the laundry utilities, which could add 10-30 additional gallons. CAPSBC employs 2 paid staff and works with different organizations to incorporate volunteers who will help hand out hygiene kits and, when possible, new clothing items donated by local businesses.

CAPSBC operates the mobile shower at a minimum of six (6) times per week. Each shower event will last approximately six (6) hours with one (1) hour for setup, four (4) hours for showers, and one (1) hour for cleanup.

Each guest receives clean towels, soap/shampoo, and if available clean undergarments and/or clothes. Each restroom is sanitized in between clients. It takes approximately eight (8) minutes to sanitize each restroom. Roughly thirty-six (36) clients are served at each event using all three (3) restrooms. It is estimated that 3,600 clients will be served over a one-year period.

CAPSBC partners with six (6) local community-based organizations (CBO’s) within the City of San Bernardino through a Memorandum of Understanding (MOU) Agreement which allows CAPSBC the ability to setup its mobile shower unit on CBO’s property and accessing water. CAPSBC markets the mobile showers on their company website and creates flyers that are dispersed to different organizations that serve the homeless community. CBO’s also help to spread the word through their company websites.

The purpose of the contract extension is to provide CAPSBC the opportunity to expend the remaining amount of ARPA funds allocated for this program. There was a difficulty Packet Page. 716
executing Memorandums of Understanding (MOUs) between CAPSBC and the hosts of the mobile shower location. This one (1) year extension provides adequate time to expend the remaining funds.
2021-2025 Strategic Targets and Goals
This Mobile Shower Project aligns with Strategic Target and Goals No. 3, Improved Quality of Life. The project expands accessibility to showers through a mobile shower program that improves quality of life for unhoused residents and improves public health and hygiene, especially since unhoused residents typically lack access to running water.

Fiscal Impact
There is no fiscal impact to the General Fund as a result of this amendment. As of April 2024, CAPSBC has been able to expend fifty (50%) percent of the original $50,000 ARPA fund allocation. This extension will provide CAPSBC adequate time to expend the remaining grant funds.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, approve Amendment No. 1 to the Vendor Services Agreement (VSA) with Community Action Partnership of San Bernardino County (CAPSBC) for a one (1) year term extension to continue the Mobile Shower Program.

Attachments
Attachment 1 CAPSBC Mobile Shower Agreement
Attachment 2 CAPSBC Amendment #1 to Mobile Shower
Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

August 4, 2021 Mayor and City Council received a report and discussed the allocation of ARPA funds.

December 7, 2022 Mayor and City Council approved a Homelessness Solutions Action Plan
December 7, 2022 Mayor and City Council authorized the use of $24,500,000 in ARPA funds for the development of a Navigation Center, State of California Round 3 Projects, Homeless/Street
Outreach and $150,000 towards Mobile Shower Expansion.

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February 1, 2023 Mayor and City Council declared a Homelessness State of Emergency.

May 17, 2023 Mayor and City Council approved Vendor Services Agreement with Community Action Partnership of San
Bernardino County for Mobile Shower Services.

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1 VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY This Agreement is made and entered into as of June 1, 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 Community Action Partnership of San Bernardino County, a California non-profit corporation with its principal place of business at 696 South Tippecanoe Avenue, San Bernardino, CA 92408 (hereinafter referred to as “Consultant” or “CAPSBC”). 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 vendor services for the following project:

Mobile Shower Program (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.

Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Reserved.
b. City will provide Consultant with an amount not-to-exceed $150,000 (the “Grant Funds”). Consultant certifies that the use of funds will be used only to cover DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 719
2 expenditures allowed under American Rescue Plan Act (ARPA) and incurred during the Term of this Agreement. Any expenses and costs incurred by the Consultant in excess of the Grant Funds shall be the sole responsibility of the Consultant. Consultant shall use the Grant Funds for the Services as described in Exhibit “A”. Consultant agrees that all expenditures are to be in accordance with the terms of this Agreement. City’s payment to Consultant under this Agreement is contingent on the availability of program funds and continued federal and state authorization for the funded program activities.

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.

6. Term. This Agreement shall commence on the Effective Date June 1, 2023, and continue through May 30, 2024, unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

9. Delays in Performance.
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, DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 720
3 epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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

13. Reserved.

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 DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 721
4 prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be 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
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5 (6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City-designated volunteers additional insured status. (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.

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6 (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of 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)
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7 Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (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 (3) 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.

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8 (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (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.

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9 l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of 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 DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 727
10 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
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 DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 728
11 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 services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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

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

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

27. Organization. Consultant shall assign Charles Karsch as Project Manager.

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

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

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

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12 Vanir Tower
Attn.: City Manager
290 North D Street
San Bernardino, CA 92401
With Copy To:

City of San Bernardino
Vanir Tower
Attn.: City Attorney
290 North D Street
San Bernardino, CA 92401
Community Action Partnership of San
Bernardino County (CAPSBC)
Attn.: Patricia Nickols-Butler, Director
696 South Tippecanoe Avenue
San Bernardino, CA 92408

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

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

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

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

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns 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 DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 730
13 in no way be deemed a waiver of those rights to require such performance or compliance.

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

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

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

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

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

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

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

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

43. 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.

44. Federal Provisions.

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14 Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
Albert Maldonado

CONSULTANT

COMMUNITY ACTION PARTNERSHIP

OF SAN BERNARDINO COUNTY
Signature
Patricia L. Nickols-Butler
Name
Director
Title
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16 EXHIBIT A

SCOPE OF WORK
Introduction:

Community Action Partnership of San Bernardino County (CAPSBC) is a brick-andmortar non-profit organization based in the city of San Bernardino and aiding low-income individuals and families across San Bernardino County, the largest county in the continental United States at 20,167 square miles. With an estimated population of 2,194,710, CAPSBC serves roughly 800,000 clients or 36% of the population per year, mostly in large metropolitan areas. In 2021, due to the COVID-19 pandemic, CAPSBC management began looking into mobilizing some of its existing programs to allow those individuals and families experiencing barriers, such as lack of food, housing, or transportation and social isolation, access to services that will increase their health and well-being.

The first mobile service to come online was the Mobile Shower/Laundry unit in 2021. The mobile shower/laundry unit serves as a source of sanitation for individuals experiencing homelessness in San Bernardino County, further eliminating the barriers associated with inaccessible transportation, and access to running water.

The CAPSBC Mobile Shower Unit is a 28-foot self-contained mobile shower trailer. The trailer contains 3 full restrooms, one being ADA compliant, and a laundry facility with two washers and driers. The mobile shower operates off the power from a generator and hooks to city water via a garden hose connection. The shower unit holds up to 300 gallons of combined grey/black waste. The unit must be emptied with the use of a vacuum truck service. The mobile shower provides hot and cold water to all showers.

Scope of Work:

CAPSBC will partner with four (4) community-based organizations (CBO’s) within the City of San Bernardino through an MOU process where CAPSBC will be allowed to setup the mobile shower unit on their property and utilize their water for the showers. We will work with these partners organizations to recruit a minimum of six volunteers to assist CAPSBC staff during the shower event. CAPSBC acknowledges and agrees that the City will not be providing security for these shower events.

CAPSBC will provide a minimum of two (2) staff at each mobile shower event. Their primary duties are to oversee the operation of the mobile shower trailer, troubleshoot any issues that may arise, collect information from the guests, and to step in and assist where needed. CAPSBC staff and volunteers will work together to ensure the overall safety of the guests, each other.

Volunteers will be utilized to time guests in the shower, sanitize the restrooms in between uses, clean the area around the shower event and interact with the guests while they wait DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 734
17 for their shower. In the event of a shortage of volunteers, CAPSBC staff will assume the duties of the missing volunteers.

CAPSBC plans to operate the mobile shower at a minimum of two (2) times per week.

Each shower event will last approximately six (6) hours with one (1) hour for setup, four (4) hours for showers and one (1) hour for cleanup.

Each guest will be provided clean towels, soap/shampoo, and if available clean undergarments and/or clothes. Each restroom will be sanitized in between clients. We estimate that it takes approximately eight (8) minutes to sanitize each restroom. So, we estimate that we can serve up to thirty-six (36) clients using all three (3) restrooms at each shower event. We estimate that we can serve around 3,600 clients in a one-year period.

On the day of the event, CAPSBC will arrive within one hour prior to the start of the event to setup the mobile shower unit and the area where we will be operating, CAPSBC staff will provide a brief orientation to the volunteers on the expected tasks they will be performing. At the start of the event, CAPSBC staff will start intaking guests and putting them on a waiting list. At the time of intake, specific intake forms will be completed by staff and guest to collect pertinent information which will be later input into CAPSBC client management system as well as HMIS. CAPSBC will provide monthly updates with the number of clients served to the City.

When a guest is called up to take a shower, they will be given towels, liquid soap and shampoo are provided in each bathroom, and they have fifteen (15) minutes to take their shower. No personal belongings will be allowed in the restroom with the client.

Containers will be provided outside each shower for the guest to place their belongings.

There will be a volunteer who will be monitoring the time spent in the shower. After ten (10) minutes, the volunteer will knock on the door giving the guest a five (5) minute warning. One last notice will be given at the end of the time and the guest will be asked to complete their shower and exit the bathroom. If available, CAPSBC will provide guest with clean undergarments and clothing.

After the guest exits the shower, the used towels are collected to be washed/sanitized and reused at another shower event. The restroom is then wiped down, sprayed with sanitizer, and left to sit for at least five (5) minutes before being wiped down once again and ready for the next guest. If a guest is called and does not respond (they will be called 2-3 times), they will be moved to the end of the list and the nest guest will shower. If that guest who misses their time slot shows up, they will be given an opportunity to shower at the end of the event depending on the time.

Guests who attend the mobile shower program will be provided with the following items, if available: hygiene kit, new clothes (including undergarments), shoes, easy to open food, portable restroom bags, other miscellaneous items. The availability of these items depend on what has been donated to our food bank, so not all these items will always be available.

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18 At the end of the event, CAPSBC staff and volunteers will pack up the mobile shower unit, clean up the event area by disposing of trash.

CAPSBC is in the process of interviewing and onboarding staff to run this program.

SCHEDULE OF CHARGES
Staff - 2 full time staff $74,753.00
Benefits $28,406.00
Dumping Services $6,000.00
Fuel (Gas/Propane) market rate
Gas for truck/generator $5.49/gal
Propane $3.99/gal
$14,044.00
$4,797.00
Supplies
cleaning/hygiene/etc.
$22,000.00
Total $150,000.00
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19 EXHIBIT B

FEDERAL CONTRACT PROVISIONS

3. During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “B”.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)

1. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.

2. Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:

The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 737
20 commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 738
21 violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

3. Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.

4. Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.

5. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:

Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.

Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.

Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.

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22 6. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..

7. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:

Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

8. Appendix II to Part 200 (H) – Debarment and Suspension:

This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.

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23 9. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply for or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

10. Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:

Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.

In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

11. Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:

Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

Telecommunications or video surveillance services provided by such entities or using such equipment.

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24 Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

See Public Law 115-232, section 889 for additional information.

12. Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.

For purposes of this section:
“Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)

13. Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

14. Affirmative steps shall include:

Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

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25 15. Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL

FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS

16. Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project.

17. Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:

Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.

Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

New Restrictions on Lobbying, 31 C.F.R. Part 21.

Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

18. Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.

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26 The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.

Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.

The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.

Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

19. False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

20. Protections for Whistleblowers.

In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

The list of persons and entities referenced in the paragraph above includes the following:

A member of Congress or a representative of a committee of Congress; An Inspector General;
The Government Accountability Office;
A Treasury employee responsible for contract or grant oversight or management;
An authorized official of the Department of Justice or other law enforcement agency;
A court or grand jury; or
A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct.

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27 21. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same

22. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.

23. Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:

Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.

Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.

Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities.

As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067.

For more information on LEP, please visit http://www.lep.gov.

Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.

Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

4. The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 745
28 person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).

Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.

Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements.

Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.

Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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AMENDMENT NO. 1 TO

VENDOR SERVICES AGREEMENT

WITH COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY This Amendment No. 1 to the Vendor Services Agreement dated June 1, 2023 (“Agreement”) is made and entered into as of this 15th day of May, 2024 by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Community Action Partnership nonprofit corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
A. WHEREAS, City and Consultant entered into the Agreement on June 1, 2023.

B. WHEREAS, City Council authorized a not to exceed amount of $150,000 for the Mobile Shower Program.

C. WHEREAS, the Parties now desire to amend the Agreement to extend the term by one (1) year to May 31, 2025.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the original Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Amendment to Section 6 of the Original Agreement. Section 6 of the Agreement is hereby amended in its entirety to read as follows:
“Term. This Agreement shall commence on the Effective Date and continue through May 31, 2025.”

3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO

VENDOR SERVICES AGREEMENT

WITH COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: COMMUNITY ACTION PARTNERSHIP OF

SAN BERNARDINO COUNTY
Charles A. Montoya APPROVED BY:

City Manager
Patricia L. Nickols-Butler
President & Chief Executive Officer
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya , City Manager;
Gabriel Elliott, Director of Community Development and
Housing
Department: Community Development & Housing
Subject: Development Code Amendment (Zoning Map
Amendment) 20-05 – Amazing 34 Project (Second
Reading and Adoption of Ordinance No. MC-1637)
(Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California accept the final reading and adopt Ordinance No. MC-1637 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20-05 changing the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately 3.84 acres, pursuant to a Mitigated Negative Declaration (Attachment 1).

Executive Summary
This agenda item is the second and final reading of Development Code Amendment (Zoning Map Amendment) 20-05. It is recommended that the Mayor and City Council accept the final reading and adopt Ordinance No. MC-1637.

Background
On May 1, 2024, the Mayor and City Council conducted a public hearing on approving Development Code Amendment (Zoning Map Amendment) 20-05 to change the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately 3.84 acres (Attachment 1, Exhibit A). Subsequent to Mayor and City Council discussion, the City Council conducted the first reading of, and introduced, Ordinance No. MC-1637.

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Discussion
Ordinance No. MC-1637 approving Development Code Amendment (Zoning Map Amendment) 20-05 changing the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately

3.84 acres will create consistent zoning for the property to allow for the development of a new industrial warehouse.
2021-2025 Strategic Targets and Goals
Development Code Amendment (Zoning Map Amendment) 20-05 aligns with Key Target Goal No. 4(b): Economic Growth and Development. The proposed amendment will rezone and existing property to Industrial Light (IL) to create consistency within the project area in order to allow the development of a new industrial warehouse that will provide an economic benefit to the City.

Fiscal Impact
While there would be no direct fiscal impact from the proposed amendment, the development impact fees associated with the subsequent development of the project site would total approximately $260,910. City services will be provided to this project similar to other industrial developments in the City and surrounding area.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California accept the final reading and adopt Ordinance No. MC-1637 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20-05 changing the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately 3.84 acres, pursuant to a Mitigated Negative Declaration (Attachment 1).

Attachments
Attachment 1 Ordinance No. MC-1637 (Approving DCA [ZMA] 20-05) Attachment 2 Ordinance No. MC-1637 (Approving DCA [ZMA] 20-05) – Exhibit A (Zoning Map Amendment)
Ward:

Third Ward
Synopsis of Previous Council Actions:

On May 1, 2024, the Mayor and City Council introduced Ordinance No. MC-1637 to approve Development Code Amendment (Zoning Map Amendment) 20-05 for the Amazing 34 Project.

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ORDINANCE NO. MC-1637
1 ORDINANCE NO. MC-1637

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, AND

APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 20-05 CHANGING THE

ZONING DISTRICT CLASSIFICATION FROM OFFICE

INDUSTRIAL PARK (OIP) TO INDUSTRIAL LIGHT (IL) OF
TWO (2) PARCELS (APN(S): 0280-021-44 AND 47)
CONTAINING A TOTAL OF APPROXIMATELY 3.84

ACRES, PURSUANT TO A MITIGATED NEGATIVE
DECLARATION.

WHEREAS, together, Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03 constitute the Amazing 34 Distribution Center Project ("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 20-05 is a request to change the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels containing a total of approximately 3.84 acres; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on February 13, 2024, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report for the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Development Code Amendment (Zoning Map Amendment) 20-05, and Development Permit Type-D 20-03. After opening the public hearing and receiving public testimony, the Planning Commission voted (4-2) to approve Resolution No. 2024-004 for Development Code Amendment (Zoning Map Amendment) 20-05 and Development Permit Type-D 20-03, however, pursuant to SBMC Section 2.22.030, recommendations for amendments to the Municipal Code shall be by the affirmative vote of not less than a majority (five) of the total membership of the Planning Commission.; and
WHEREAS, notice of the May 1, 2024 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on April 20, 2024, Packet Page. 751
ORDINANCE NO. MC-1637
2 and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals), Chapter 19.42 (Development Code Amendments), and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment (Zoning Map Amendment) 20-05; and

NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

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

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment.

SECTION 3. Finding of Facts – Development Code Amendment (Zoning Map Amendment) 20-05.

Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: The proposed amendment will result in removing the existing Office Industrial park (OIP) Zoning District classification from the project site, resulting in the entire site having the Industrial Light (IL) Zoning District Classification. The Industrial Light (IL) Zoning District classification is intended to provide for the new development of lighter industrial uses along major vehicular, rail, and air transportation routes serving the City. The change in the Zoning District Classification would provide a single zone over the entire 4.02 acre property and would allow the development and establishment of an industrial warehouse containing approximately 89,475 square feet, which is consistent with the light industrial uses within the project vicinity. The project is also consistent with the following General Plan goal and policies:

Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San
Bernardino.

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ORDINANCE NO. MC-1637
3 Policy 2.5.6 requires that new development be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of the site’s natural topography and vegetation, and surrounding exemplary architectural styles.

Policy 5.7.6 encourages architectural detailing, which
includes richly articulated surfaces rather than plain or blank walls.

The proposed change of the Zoning District classification from Office Industrial Park (OIP) to Industrial Light (IL) will capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents.

The project site is flat and has been disturbed. The site is surrounded by light industrial businesses, office uses, vacant lots and nonconforming single-family residential properties. The proposed project will result in the construction of a 89,475 square foot industrial warehouse building with ancillary parking and landscaping. The concrete tilt-up building will be articulated on all sides through the use of varying parapet heights, corner elements and the use of color and varying materials to break up the mass of the building walls. The rooftop equipment will be screened, and extensive landscaping will be provided along the project’s frontages, consistent with these policies. Therefore, the proposed amendment is consistent with the General Plan.

Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the amendment from Office Industrial Park (OIP) to Industrial Light (IL) will facilitate the development of an industrial warehouse, which is consistent with the light industrial uses within the project vicinity. The project site has direct access from S. Waterman Avenue and E. Central Avenue, will be fully served by utility providers, will be constructed in accordance with all applicable codes and regulations, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program.

Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City.

Finding of Fact: The proposed amendment will result in removing the existing Office Industrial Park (OIP) Zoning District Classification from the project site, resulting in the entire site having the Industrial Light (IL) Zoning District Packet Page. 753
ORDINANCE NO. MC-1637
4 classification. The proposed amendment will result in transforming an underutilized site into an industrial warehouse containing approximately 89,475 square feet in order to capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents. Therefore, the proposed amendment will not change the balance of land uses within the City due to the fact that the Industrial Light (IL) Zoning District classification to allow an industrial development on a parcel adjacent to and directly across the street from other large parcels of land designated for industrial uses and create greater consistency with the surrounding properties and provide for an appropriate balance of land uses within the City limits.

Finding No. 4: The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development.

Finding of Fact: The proposed industrial warehouse containing approximately 89,475 square feet along is permitted within the Industrial Light (IL) zone, subject to the approval of Development Code Amendment (Zoning Map Amendment) 20- 05 and Development Permit Type-D 20-03 with the appropriate Conditions of Approval, and Mayor and City Council adoption of the Mitigated Negative Declaration. The subject site as an industrial development is sufficient in size to accommodate the project as proposed as required by the City of San Bernardino Development Code for Industrial Zones. Therefore, the subject site is physically suitable for the proposal.

SECTION 4. Development Code Amendment (Zoning Map Amendment) 20-05 to change the Zoning District Classification from Office Industrial Park (OIP) to Industrial Light (IL) of two (2) parcels (APN(S): 0280-021-44 and 47) containing a total of approximately 3.84 acres, attached hereto and incorporated herein by reference as Exhibit A, is hereby approved.

SECTION 5. The documents and materials associated with this Ordinance and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.

SECTION 6. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or Packet Page. 754
ORDINANCE NO. MC-1637
5 more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 9. 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.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 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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ORDINANCE NO. MC-1637
6 CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1637, introduced on May 1, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2024 by the following vote:

PROJECT SITE
PROJECT: DCA (ZMA) 20-05

CHANGE THE ZONING DISTRICT CLASSIFICATION FROM OFFICE
INDUSTRIAL PARK (OIP) TO INDUSTRIAL LIGHT (IL) OF TWO (2) PARCELS (APN: 0280-021-44 and 47) CONTAINING A TOTAL OF APPROXIMATELY 3.84 ACRES
NORTH
EXHIBIT A – DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) Packet Page. 757

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
By: Michael Yarbrough, Real Property Manager
Department: Economic Development
Subject: San Bernardino Soccer Complex Lease Assignment Agreement with World Sports Solutions International,
LLC (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-099, authorizing the City Manager to execute the Assignment and Consent to Assignment Lease Agreement with World Sports Solutions International, LLC, for 2500 Pacific Street, San Bernardino, California; assigning the lease from San Bernardino Soccer, LLC, to World Sports Solutions International, LLC.

Executive Summary
The recommended action will assign the San Bernardino Soccer Complex Lease between the City of San Bernardino and San Bernardino Soccer, LLC, to World Sports Solutions International, LLC.

Background
On October 19, 2015, the Mayor and City Council approved the lease agreement between the City of San Bernardino and San Bernardino Soccer, LLC for a ten (10) year term with options beginning on October 1, 2015. San Bernardino Soccer, LLC has since contracted with Roberto Gomide for the management of the facility which has included capital upgrades, field reconstruction, maintenance, promotion, event hosting, and similar management items. Gomide and his team have done a great job turning the facility into a regional destination, hosting some of the most prestigious youth soccer tournaments on the West Coast.

The San Bernardino Soccer Complex consists of 47 acres of open green space, including 17 full-sized soccer fields, 4 of which are lighted for night play. The facility is designed for soccer tournaments and practice, ideally for regional, national, and Packet Page. 758
international tournaments. The San Bernardino Soccer Complex has served as the site for the USYSA Regional Championship, as well as headquarters for State and National Cups. Facility rentals are available for a single practice, tournament weekend, or an entire season of play.

Discussion
In June 2023, the Managing Member of San Bernardino Soccer, LLC, David Elmore, passed away. Ongoing efforts to settle the estate of David Elmore include the assignment of the existing Lease Agreement to World Sports Solutions International, LLC. Roberto Gomide’s experience in managing the soccer complex has afforded him the opportunity to assume the Lease formally from San Bernardino Soccer, LLC.

Gomide has expressed an interest in taking over the lease and staff has confirmed that this Assignment would be in the best interest of the San Bernardino Soccer Complex.

The Lease Assignment Agreement is appropriate from both an operational and business standpoint and is in accordance with the original Lease Agreement.

On October 23, 2023, the City received a request from San Bernardino Soccer, LLC, formally requesting an assignment of the lease between the City of San Bernardino and San Bernardino Soccer, LLC, to World Sports Solutions International, LLC, pursuant to Section 25 of the Lease Agreement. Staff is recommending that the Lease Agreement with San Bernardino Soccer, LLC be assigned to World Sports Solutions International, LLC, in accordance with the Lease Agreement. 2021-2025 Strategic Targets and Goals
This request is consistent with Key Target No. 4 Economic Growth & Development.

The lease assignment succinctly aligns with the goals of the city as it assures the continuance of the San Bernardino Soccer Complex operation and public enjoyment.

Fiscal Impact
There is no fiscal impact associated with the recommended action of this item.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-099, authorizing the City Manager to execute the Assignment and Consent to Assignment Lease Agreement with World Sports Solutions International, LLC, for 2500 Pacific Street, San Bernardino, California; assigning the lease from San Bernardino Soccer, LLC, to World Sports Solutions International, LLC.

Attachments
Attachment 1 Resolution No. 2024-099
Attachment 2 Exhibit A - Lease Agreement
Attachment 3 Exhibit B - Lease Assignment Agreement
Ward:

Second Ward
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Synopsis of Previous Council Actions:

On October 1, 2015, the Mayor and City Council adopted Resolution No. 2015-229, approving a lease agreement with San Bernardino Soccer, LLC.

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Resolution No. 2024-099
Resolution No. 2024-099
May 15, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-099

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

ASSIGNMENT AND CONSENT TO ASSIGNMENT LEASE

AGREEMENT WITH WORLD SPORTS SOLUTIONS
INTERNATIONAL, LLC, FOR 2500 PACIFIC STREET, SAN
BERNARDINO, CALIFORINIA; ASSIGNING THE LEASE

FROM SAN BERNARDINO SOCCER, LLC, TO WORLD

SPORTS SOLUTIONS INTERNATIONAL, LLC
WHEREAS, City and Assignor have entered into the Lease Agreement for the San Bernardino Soccer Complex, dated October 19, 2015 (the “Agreement”). A copy of the Agreement is attached hereto as Exhibit “A” and incorporated herein by this reference; and WHEREAS, Assignor now desires to assign to Assignee all of its rights, duties, and obligations in, to, and under the Agreement (“Assignment”); and WHEREAS, Pursuant to Section 25 of the Agreement, an assignment shall not be operative except upon the written consent of the City and any attempted assignment without such consent shall be invalid and void; and
WHEREAS, Assignor and Assignee desire to obtain City’s consent to the Assignment and City is willing to consent to the Assignment on the following terms and conditions.

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

SECTION 1. Intent to Reassign. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings for the reassignment of the lease from San Bernardino Soccer, LLC to World Sports Solutions International, LLC described in Exhibit B attached hereto.

The Mayor and City Council determines that the business convenience and necessity require that such lease be reassigned to the World Sports Solutions International, LLC.

SECTION 2. Name of the Assignment Agreement. The name of the existing assignment agreement is known as “San Bernardino Soccer, LLC (Lease Agreement)”.

SECTION 3. Name of the New Assignment Agreement. The name of the new assignment agreement is known as “World Sports Solutions International, LLC (Lease Assignment Agreement)”.

SECTION 4. Description of Agreement – Representations and Warranties. Assignor and Assignee jointly represent and warrant to the City: That Assignee is an organization in good Packet Page. 761
Resolution No. 2024-099
Resolution No. 2024-099
May 15, 2024

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standing and validity existing under the laws of the State of California. That the execution, delivery and performance of the Agreement by Assignee have been duly authorized.

SECTION 5. Assignment, Assumption and No Release. Assignor hereby assigns all of Assignor’s right, title and interest in and to the Agreement to Assignee. Assignee expressly assumes, acknowledges, and agrees for the benefit of City to be bound by, and to perform and comply with, every obligation of Assignor under the Agreement. City shall have the same rights and remedies as against Assignor with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full.

SECTION 6. References. All references and meaning assigned to the term “Lessee” in the Agreement shall be understood to mean Assignee and shall include all of the corresponding rights, obligations and benefits thereof as provided by this covenant.

SECTION 7. That 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 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 10. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of May 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. 2024-099
Resolution No. 2024-099
May 15, 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. 2024-099, adopted at a regular meeting held on the 15th day of May 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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2015-229

LEASE AGREEMENT
CITY OF SAN BERNARDINO and SAN BERNARDINO SOCCER, LLC
CITY:

LESSEE:

ADDRESS:

TERM OF LEASE:

COMMENCEMENT:

CITY OF SAN BERNARDINO
300 North "D" Street
San Bernardino, CA 92418
San Bernardino Soccer, LLC (an entity to be formed)
280 S. E Street
San Bernardino, CA 92401
San Bernardino Soccer Complex
2500 Pacific Street
Highland, CA 92346
Ten (10) Years with Options
October 1, 2015

LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO

SOCCER, LLC FOR SAN BERNARDINO SOCCER COMPLEX

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EXHIBIT A
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ROBERTO J. GOMIDE
Founder and CEO of World Sports Solutions International Founder and CEO of World Sports Solutions Intl, one of the primary Sports Contractors in Brazil, Roberto has been working for the past 20 years on developing of the Sports industry with focus on the Turf market as well as Professional and Amateur Soccer, Soccer Academies, Golf Courses and Sports Fields.

Having held several executive positions in South America and in the USA, and with a strong partnership with top European Professionals and technologies, Roberto and World Sports are playing a significant role in many projects related to the new stadiums for the FIFA 2014 World Cup in Brazil.

Of the 14 new stadiums being built in Brazil, 12 are for the 2014 World Cup, and 2 comply
with FIFA standards, and World Sports had participation in several of them. From initial design to the final development of the pitch, these stadiums employ state of the art technologies, involving such elements as turf reinforcements, cooling systems and growth light systems.

Residing in the USA since 2014, Roberto has been the driving force behind World Sports, a company dedicated to providing top-tier sports services to the American market. Under his leadership, World Sports has expanded its presence with branches in Nevada, California, and Florida.

Since 2014, World Sports has successfully incorporated numerous prestigious services and established valuable partnerships with various sports entities, including sports groups, golf courses, professional clubs, schools, universities, sports associations, and municipalities.

Notably, World Sports has forged partnerships with prominent organizations such as the NFL, The Elmore Group, Dallas Cowboys, and Orlando City MLS, among many others.

Roberto's commitment and vision have elevated World Sports to become a trusted name in the sports industry, ensuring the delivery of exceptional services and opportunities to sports enthusiasts across the United States.

Contact:

Roberto Gomide: (858) 366-2510
[email protected]
www.worldsportsusa.com / www.worldsports.com.br
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ASSIGNMENT AND CONSENT TO ASSIGNMENT AGREEMENT

FOR LEASE AGREEMENT FOR SAN BERNARDINO SOCCER COMPLEX
THIS ASSIGNMENT AND CONSENT TO ASSIGNMENT AGREEMENT (“Consent”) is made as of this ____ day of _________________, 2024 (“Effective Date”), by and among the City of San Bernardino, a charter city and municipal corporation (“City”), San Bernardino Soccer, LLC, a California limited liability company, (“Assignor”), and World Sports Solutions International, LLC, a California limited liability company (“Assignee”).

City, Assignor and Assignee may be individually referred to herein as a “Party,” and collectively referred to as the “Parties.”

RECITALS
A. City and Assignor have entered into the Lease Agreement for the San Bernardino Soccer Complex, dated October 19, 2015 (the “ Agreement”). A copy of the Agreement is attached hereto as Exhibit “A” and incorporated herein by this reference.

B. Assignor now desires to assign to Assignee all of its rights, duties, and obligations in, to, and under the Agreement (“Assignment”).

C. Pursuant to Section 25 of the Agreement, an assignment shall not be operative except upon the written consent of the City and any attempted assignment without such consent shall be invalid and void.

D. Assignor and Assignee desire to obtain City’s consent to the Assignment and City is willing to consent to the Assignment on the following terms and conditions.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Consent, and for valuable consideration, the receipt and sufficiency of which are acknowledged by the Parties, the Parties agree as follows.

AGREEMENT

1. Representations and Warranties. Assignor and Assignee jointly represent and warrant to the City:

1.1 That Assignee is an organization in good standing and validly existing under the laws of the State of California.

1.2 That the execution, delivery and performance of the Agreement by Assignee have been duly authorized.

2. Assignment, Assumption and No Release. Assignor hereby assigns all of Assignor’s rights, title and interest in and to the Agreement to Assignee. Assignee expressly assumes, acknowledges and agrees for the benefit of City to be bound by, and to perform and comply with, every obligation of Assignor under the Agreement.

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City shall have the same rights and remedies as against the Assignee as City under the terms and provisions of the Agreement has against Assignor with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full. Assignee shall have the same rights and remedies as against the City as Assignor under the terms and provisions of the Agreement has against City with the same force and effect as though every such duty, obligation, responsibility, right or remedy were set forth herein in full

3. References. All references and meaning assigned to the term “Lessee” in the Agreement shall be understood to mean Assignee and shall include all of the corresponding rights, obligations and benefits thereof as provided by this Consent and the Agreement.

4. Subsequent Assignments. This Consent does not constitute a consent to any subsequent assignment and does not relieve Assignee or any person claiming under or through Assignee of the obligation to obtain the consent of City under Section 25 of the Agreement to any future assignment. Notwithstanding the foregoing, City may consent to subsequent assignments of the Agreement, or amend the Agreement without notifying Assignee, including but not limited to any of Assignee’s guarantors, and without obtaining their consent, and that action by Assignee will not relieve those persons of liability.

5. Default; Breach. In the event of any default or breach of Assignee under the Agreement, City may proceed directly against Assignee, any guarantors, or anyone else liable under the Agreement without first exhausting City’s remedies against any other person or entity liable under the Agreement to City.

6. Termination. Notwithstanding the Parties’ desire, intent, and agreement to modify the Agreement through the Assignment and this Consent, should either Party wish to cancel, void or terminate the Agreement at any future time, the terminating Party may do so by providing written notice of termination to the other Party in accordance with the termination provisions of the Agreement. In such an event, simultaneously upon the giving of written notice of termination in accordance with the terms of the Agreement, the Agreement and this Consent shall be deemed canceled, voided and terminated.

7. Effect of Execution. Assignee’s execution of this Consent shall be deemed an execution by Assignee of the Agreement. Upon execution of this Consent, the Assignee shall be deemed a signatory and party to the Agreement as if Assignee had directly executed the Agreement. Assignee agrees to be firmly bound by all covenants, obligations and conditions of the Agreement by its execution hereunder.

8. General Provisions.

8.1 Invalidity. If this Consent or the Assignment is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, the Agreement as originally executed shall nevertheless Packet Page. 794

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be deemed to remain in full force and effect as if this Consent and the Assignment had not been made or attempted.

8.2 Severability. If any term or other provision of this Consent is determined by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Consent shall remain in full force and effect.

8.3 Governing Law. This Consent will be construed in accordance with and will be governed by the laws of the State of California. Venue shall be in San Bernardino County, California.

8.4 Notices. Notices, offers, requests or other communications required or permitted to be given by the Parties pursuant to the terms of this Consent shall be given in writing to the respective Parties.

8.5 Counterparts. This Consent may be executed in counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement.

8.6 Binding Effect; Assignment. This Consent shall inure to the benefit of and be binding upon the Parties hereto and their respective legal representatives and successors, and nothing in this Consent, express or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under or by reason of this Consent. Assignee may not assign this Consent nor any rights or obligations hereunder, without the prior written consent of the City, and any such assignment shall be void.

8.7 Authority. Each of the Parties hereto represents to the other Parties that (a) it has the requisite power and authority to execute, deliver and perform this Consent; (b) the execution, delivery and performance of this Consent by it have been duly authorized by all necessary corporate or other actions; (c) it has duly and validly executed and delivered this Consent; and (d) this Consent is a legal, valid and binding obligation, enforceable against it in accordance with its terms.

8.8 Interpretation. The headings to sections contained in this Consent are included for reference purposes only and shall not affect or modify in any way the meaning or interpretation of this Consent.

8.9 Attorneys’ Fees. Should any of the Parties initiate any action at law or in equity to enforce or interpret the terms of this Consent, the prevailing Party(ies) shall be entitled to reasonable attorneys’ fees and legal costs from the non-prevailing Party(ies) in addition to any other appropriate relief.

8.10 Waiver. Except as explicitly stated in this Consent, nothing contained in this Consent will be deemed or construed to modify, waive, impair, or affect any of the covenants, agreements, terms, provisions, or conditions contained in the Agreement.

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8.11 Entire Agreement; Amendment. This Consent constitutes the final, complete and exclusive statement between the Parties to this Consent pertaining to the terms of City’s consent to the Assignment and supersedes all prior and contemporaneous written and oral agreements. No Party has been induced to enter into this Consent by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Consent. Any agreement made after the date of this Consent is ineffective to modify, waive or terminate this Consent, in whole or in part, unless that agreement is in writing, is signed by the City and Assignee, and specifically states that agreement modifies this Consent.

8.12 Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO

ASSIGNMENT AND CONSENT TO ASSIGNMENT AGREEMENT
FOR

LEASE AGREEMENT FOR SAN BERNARDINO SOCCER COMPLEX
WHEREFORE, the City, Assignor and Assignee have executed this Consent as of the Effective Date first set forth above.

FOR CITY:

APPROVED BY:

Charles A. Montoya
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
FOR ASSIGNOR:

SAN BERNARDINO SOCCER, LLC
By:

Printed Name: Jill Roberts
Its: Authorized Representative
FOR ASSIGNEE:

WORLD SPORTS SOLUTIONS

INTERNATIONAL, LLC
By:

Printed Name: Roberto Gomide
Its: Chief Executive Officer
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EXHIBIT “A”

LEASE AGREEMENT FOR SAN BERNARDINO SOCCER COMPLEX
[Attached Behind This Page]
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Barbara Whitehorn, Director of Finance & Management
Services
Department: Finance & Management Services
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for April 2024.

Executive Summary
This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community.

Background
Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers.

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
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Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for April 2024.

Attachments
Attachment 1 Payroll Summary Report for April 2024
Attachment 2 Commercial checks & Payroll Register #49
Attachment 3 Commercial checks & Payroll Register #50
Attachment 4 Commercial checks & Payroll Register #51
Attachment 5 Commercial checks & Payroll Register #52
Attachment 6 Commercial checks & Payroll Register #53
Attachment 7 Commercial EFT Registers #1612-1624
Ward:

All Wards
Gross Payroll
Bi-Weekly for April 11, 2024 $3,494,926.94
Bi-Weekly for April 25, 2024 $3,165,430.52
Monthly for April 15, 2024 $26,950.00
Total Payroll Demands: $6,687,307.46
The following check registers are being presented for approval:

April 4, 2024 2023/24 (Register #49) $3,076,536.94
April 9, 2024 2023/24 (Register #50) $3,140.67
April 11, 2024 2023/24 (Register #51) $982,769.04
April 18, 2024 2023/24 (Register #52) $5,006,672.54
April 25, 2024 2023/24 (Register #53) $1,459,182.46
Total commercial check demands: $10,528,301.65
The following Electronic Funds Transfer (EFT) registers presented for approval:

March 5, 2024-March 27, 2024 2023/24 (Register #1612-1624) $2,645,102.85 Total commercial EFT demands: $2,645,102.85
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Synopsis of Previous Council Actions:

N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 15, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Barbara Whitehorn, Director of Finance & Management
Services
Department: Finance & Management Services
Subject: Fiscal Year 2024-25 Assessment Levies for Previously Formed Assessment Districts (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the following Resolutions, declaring intention to levy and collect assessments for Fiscal Year 2024-25 within various assessment districts within the City of San Bernardino, approving Engineer’s Reports for each assessment district and providing notice of the time and place of the public hearing on July 17, 2024 on proposed assessments in each assessment district:

1. Resolution No. 2024-100 for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016; and

2. Resolution No. 2024-101 for Assessment District Nos. 1017, 1019, 1020,1023, and 1024; and

3. Resolution No. 2024-102 for Assessment District No. 1022 and Zones 1, 2, and 3 thereof; and

4. Resolution No. 2024-103 for Assessment District Nos. 1025, and 1027; and

5. Resolution No. 2024-104 for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068.

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Executive Summary
The assessment of an annual fee upon properties within each assessment district provides the revenue to offset the cost of maintenance of the public improvements within each assessment district.

Annually, the Mayor and City Council must consider and adopt resolutions declaring the intent to levy and collect assessments within the various assessment districts in the City. These resolutions call for a public hearing for each Engineer’s Report which determines the amount of the maximum assessment allowable for each district and specifies the amount that will be levied on assessable lots and parcels of property within each assessment district for the upcoming fiscal year.

Background
The City Council adopted Resolution 2024-080 on May 1, 2024 initiating proceedings to levy and collect assessments for Fiscal Year 2024-25 in various assessment districts previously established by the City of San Bernardino and ordered the preparation of an engineer’s report for each assessment district. The Engineer’s Reports which have been prepared by Spicer Consulting Group, LLC, the Engineer of Record, detail the assessments proposed to be levied on assessable lots and parcels of property within each of the assessment districts and have been filed with the City Clerk.

Discussion
The amount of the assessments which are proposed to be levied on all parcels of assessable land within each assessment district has been determined pursuant the methodology in the Engineer’s Report and is based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing, and operation of the public improvements.

The Engineer’s Reports detailing the assessments proposed to be levied and collected from the owners of property within the City’s various assessment districts for Fiscal Year 2024-25 to pay the costs of the maintenance, servicing and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, landscaping (only), detention basin and storm drains and appurtenant facilities during Fiscal Year 2024-25 for each assessment district are attached to this report.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 3d: Improved Quality of Life - Improve the City’s appearance, cleanliness and attractiveness. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
Adopting these resolutions ensures that revenue is available to offset the costs related to public improvements within each assessment district.

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Conclusion
Adopt the following Resolutions of the Mayor and City Council of the City of San Bernardino, California, declaring intention to levy and collect assessments for Fiscal Year 2024-25 within various assessment districts within the City of San Bernardino, approving Engineer’s Reports for each assessment district and providing notice of the time and place of the public hearing on July 17, 2024 on proposed assessments in each assessment district:
1) Resolution No. 2024-100 for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016; and
2) Resolution No. 2024-101 for Assessment District Nos. 1017, 1019, 1020,1023, and 1024; and
3) Resolution No. 2024-102 for Assessment District No. 1022 and Zones 1, 2, and 3 thereof; and
4) Resolution No. 2024-103 for Assessment District Nos. 1025, and 1027; and 5) Resolution No. 2024-104 for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068.

Attachments
Attachment 1 – Reso. 2024-100 Assess. Dist. 951-1016
Attachment 2 – Reso. 2024-101 Assess. Dist. 1017-1024
Attachment 3 – Reso. 2024-102 Assess. Dist. 1022
Attachment 4 – Reso. 2024-103 Assess. Dist. 1025, 1027
Attachment 5 – Reso. 2024-104 Assess. Dist. 1028-1068
Attachment 6 – Prelim. FY 2024/25 Engineer’s Report, Volume 1 Attachment 7 – Prelim. FY 2024/25 Engineer’s Report, Volume 2 Attachment 8 – Prelim. FY 2024/25 Engineer’s Report, Volume 3 Attachment 9 – Prelim. FY 2024/25 Engineer’s Report, Volume 4 Attachment 10 – Prelim. FY 2024/25 Engineer’s Report, Volume 5 Ward:

All Wards
Synopsis of Previous Council Actions:

May 1, 2024 Mayor and City Council adopted Resolution 2024-080 Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2024-25 in various Assessment Districts Pursuant to the California Constitution and the City Charter, Appointing the Engineer of Record and Ordering Preparation of
Engineer’s Reports.

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Resolution No. 2024-100
Resolution No. 2024-100
May 15, 2024

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RESOLUTION NO. 2024-100

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS.
951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 AND 1016 FOR FISCAL YEAR 2024-25, APPROVING THE
ENGINEER’S REPORT AND PROVIDING NOTICE OF THE

TIME AND PLACE OF HEARING ON PROPOSED

ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and
WHEREAS, on May 1, 2024, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2024-25 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2024-25 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year;

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

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(c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2024-25 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for those designated Assessment Districts, and sewer lift stations and appurtenant facilities for those designated Assessment Districts; and
(d) The amount of the assessment which is proposed to be assessed on each such parcel is not proposed to be increased over the amount of the assessment which was levied on the parcel for fiscal year 2023-24.

SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for fiscal year 2024-25, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.

SECTION 3. Improvements. (i) The improvements authorized for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, 2A and 3), 953, 956, 959 (Zone 1), 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 are:
(a) The installation or planting of public landscaping and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage or electrical facilities; and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.
(ii) The improvements authorized for the Assessment Districts Nos. 962 and 963 are:
(a) The installation or planting of sewer lift stations and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and
(c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.

SECTION 4. Maintenance. (i) For Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, 2A and 3), 953, 956, 959 (Zone 1), 968, 974, 975, 976, 981, 982, 986, 989, Packet Page. 905
Resolution No. 2024-100
Resolution No. 2024-100
May 15, 2024

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991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016, the maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscape, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities. (ii) For Assessment Districts Nos. 962 and 963 the maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of sewer lift stations including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Repair and maintenance of incidental wastewater facilities.

SECTION 5. Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows: “Assessment District No. 951 (Zones 1 and 2) (Wagonwheel Road Area) of the City of San Bernardino,” “Assessment District No. 952 (Zones 1, 2, 2A) (State College Area) of the City of San Bernardino,” “Assessment District No. 952 (Zone 3) (State College Area) of the City of San Bernardino,” “Assessment District No. 953 (16th Street) of the City of San Bernardino,” “Assessment District No. 956 (Carnegie Drive Area) of the City of San Bernardino,” “Assessment District No. 959 (Zone 1) (Shandin Hills) of the City of San Bernardino,” “Assessment District No. 962 (Pine Avenue Area) of the City of San Bernardino,” “Assessment District No. 963 (Allen Street) of the City of San Bernardino,” “Assessment District No. 968 (Airport Drive) of the City of San Bernardino,” “Assessment District No. 974 (Rialto Avenue Between Eucalyptus and Pepper) of the City of San Bernardino,” “Assessment District No. 975 (Pepper and Mill Area) of the City of San Bernardino,” “Assessment District No. 976 (Pine and Belmont) of the City of San Bernardino,” “Assessment District No. 981 (Meridian and Randall Avenue) of the City of San Bernardino,” “Assessment District No. 982 (Piedmont Drive Area) of the City of San Bernardino,” “Assessment District No. 986 (Rialto and Macy Area) of the City of San Bernardino,” “Assessment District No. 989 (Mill and Macy Area) of the City of San Bernardino,” “Assessment District No. 991 (Verdemont and Olive Area) of the City of San Bernardino,” “Assessment District No. 993 (Cajon and June Area) of the City of San Bernardino,” “Assessment District No. 997 (Chestnut Area) of the City of San Bernardino,” “Assessment District No. 1001 (Pennsylvania and Birch Area) of the City of San Bernardino,” “Assessment District No. 1002 (North “H” Street Area) of the City of San Bernardino,” “Assessment District No. 1005 (Cajon and Pepper Linden Area) of the City of San Bernardino,” “Assessment District No. 1007 (Pepper and Randall Area) of the City of San Bernardino,” “Assessment District No. 1012 (Mill/Burney Area) of the City of San Bernardino” and “Assessment District No. 1016 Packet Page. 906
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May 15, 2024

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(Coulston Area) of the City of San Bernardino.” The boundaries of each of the Assessment Districts are described and shown in the Report.

SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment District, the zones therein, and the proposed assessments upon assessable lots and parcels of land therein for the 2024-25 fiscal year.

SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 7:00 o’clock p.m. on July 17, 2024 in the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California.

SECTION 8. Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2024-25. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person.

SECTION 9. Publication. The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code. Upon completion of such publication, the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section.

SECTION 10. Designated Person. The City Council designates Spicer Consulting Group, LLC, telephone number (866) 504-2067, as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2024-25.

SECTION 11. CEQA. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 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.

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Resolution No. 2024-100
Resolution No. 2024-100
May 15, 2024

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of May, 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia R. Carvalho, City Attorney
Packet Page. 908
Resolution No. 2024-100
Resolution No. 2024-100
May 15, 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. 2024-100, adopted at a regular meeting held on the 15th day of May, 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
CALVIN _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 16th day of May, 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 909
Resolution No. 2024-101
Resolution 2024-101
May 15, 2024

Page 1 of 5 ends

RESOLUTION NO. 2024-101

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS.
1017, 1019, 1020, 1023 AND 1024 FOR FISCAL YEAR 2024-25, APPROVING THE ENGINEER’S REPORT AND

PROVIDING NOTICE OF THE TIME AND PLACE OF

HEARING ON PROPOSED ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment District No. 1017, 1019, 1020, 1023 and 1024 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and
WHEREAS, on May 1, 2024, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2024-25 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2024-25 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year;

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

SECTION 1. Findings. The City Council finds that:
(a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; and (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2024-25 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment Packet Page. 910
Resolution No. 2024-101
Resolution 2024-101
May 15, 2024

Page 2 of 5 ends

of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities.

SECTION 3. Improvements. (i) The improvements authorized for Assessment Districts Nos. 1017, 1019, 1020 and 1023 are:
(a) The installation or planting of public landscaping and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage or electrical facilities; and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.
(ii) The improvements authorized for Assessment District No. 1024 are:
(a) The installation or planting of landscaping and sewer lift stations and appurtenant facilities;
(b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and
(c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.

SECTION 4. Maintenance. (i) The maintenance to be performed for Assessment Districts Nos. 1017, 1019, 1020 and 1023 consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscape, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping.

Packet Page. 911
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Resolution 2024-101
May 15, 2024

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(d) Repair and maintenance of incidental drainage facilities. (ii) The maintenance to be performed for Assessment District No. 1024 consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of landscaping and sewer lift stations, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage and wastewater facilities.

SECTION 5. Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows: “Assessment District No. 1017 (Kendall and Pine Area) of the City of San Bernardino,” “Assessment District No. 1019 (Northpark and Mountain Area) of the City of San Bernardino,” “Assessment District No. 1020 (Mill Street and Dallas Avenue Area) of the City of San Bernardino,” “Assessment District No. 1023 (Elm Avenue and Coulston Street Area) of the City of San Bernardino” and “Assessment District No. 1024 (Inland Center Drive and Riverwalk Drive Area) of the City of San Bernardino.” The boundaries of the Assessment Districts are described and shown in the Report.

SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment Districts, and the proposed assessments upon assessable lots and parcels of land therein for the 2024-25 fiscal year.

SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 7:00 o’clock p.m. on July 17, 2024 in the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California.

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Resolution 2024-101
May 15, 2024

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SECTION 11. CEQA. 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 13. 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 15th day of May, 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia R. Carvalho, City Attorney
Packet Page. 913
Resolution No. 2024-101
Resolution 2024-101
May 15, 2024

Page 5 of 5 ends

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. 2024-101, adopted at a regular meeting held on the 15th day of May, 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page. 914
Resolution No. 2024-102
Resolution 2024-102
May 15, 2024

Page 1 of 5 ends

RESOLUTION NO. 2024-102

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN ASSESSMENT DISTRICT NO.
1022 AND ZONES 1, 2 AND 3 THEREOF FOR FISCAL
YEAR 2024-25, APPROVING THE ENGINEER’S REPORT

AND PROVIDING NOTICE OF THE TIME AND PLACE

OF HEARING ON PROPOSED ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment District No. 1022 and Zones 1, 2 and 3 thereof of the City of San Bernardino (the “Assessment District”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and
WHEREAS, on May 1, 2024, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2024-25 within the Assessment District and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment District for fiscal year 2024-25 to pay the costs of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities authorized by the Assessment Law; and
WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law, and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year;

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

SECTION 1. Findings. The City Council finds that:
(a) The above recitals are true and correct and are incorporated herein by this reference;
(b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; and (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment District for fiscal year 2024-25 are determined pursuant the methodology Packet Page. 915
Resolution No. 2024-102
Resolution 2024-102
May 15, 2024

Page 2 of 5 ends

in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities.

SECTION 2. Intention. The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment District for fiscal year 2024-25, as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments.

SECTION 3. Improvements. The improvements authorized for the Assessment District are:
(a) The installation or planting of landscaping and lighting and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.

SECTION 4. Maintenance. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of landscaping and lighting, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities.

SECTION 5. Assessment District. The distinctive designation of the Assessment District is “Assessment District No. 1022 (Zone 1, Zone 2 and Zone 3) (San Bernardino International Airport/Alliance-California) of the City of San Bernardino.” The boundaries of the Assessment District are described and shown in the Report.

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Resolution 2024-102
May 15, 2024

Page 3 of 5 ends

SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 7:00 o’clock p.m. on July 17, 2024 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California.

SECTION 8. Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof, the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment District for fiscal year 2024-25. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, which protest must state all grounds of objection and describe the property within the Assessment District owned by any such person.

SECTION 13. Effective Date. This Resolution shall become effective immediately.

Packet Page. 917
Resolution No. 2024-102
Resolution 2024-102
May 15, 2024

Page 4 of 5 ends

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of May, 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia R. Carvalho, City Attorney
Packet Page. 918
Resolution No. 2024-102
Resolution 2024-102
May 15, 2024

Page 5 of 5 ends

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. 2024-102, adopted at a regular meeting held on the 15th day of May, 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page. 919
Resolution No. 2024-103
Resolution 2024-103
May 15, 2024

Page 1 of 5 ends

RESOLUTION NO. 2024-103

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS.
1025 AND 1027 FOR FISCAL YEAR 2024-25, APPROVING
THE ENGINEER’S REPORT AND PROVIDING NOTICE OF

THE TIME AND PLACE OF HEARING ON PROPOSED

ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment Districts Nos. 1025 and 1027 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and
WHEREAS, on May 1, 2024, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2024-25 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2024-25 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year;

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

SECTION 1. Findings. The City Council finds that:
(a) The above recitals are true and correct and are incorporated herein by this reference; (b) The report of Spicer Consulting Group, LLC (the “Report”) contains all matters required by the Assessment Law and may, therefore, be approved by the City Council; and (c) The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2024-25 are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment Packet Page. 920
Resolution No. 2024-103
Resolution 2024-103
May 15, 2024

Page 2 of 5 ends

of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities.

SECTION 3. Improvements. The improvements authorized for the Assessment Districts are:
(a) The installation or planting of public landscaping and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage or electrical facilities; and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.

SECTION 4. Maintenance. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscape, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities.

SECTION 5. Assessment Districts. The distinctive designation of the Assessment Districts are “Assessment District No. 1025 (Palm Avenue and Washington Avenue Area) of the City of San Bernardino” and “Assessment District No. 1027 (Waterman Avenue and Washington Street Area) of the City of San Bernardino.” The boundaries of the Assessment Districts are described and shown in the Report.

SECTION 6. Report and Assessments. The Report, which is on file with the City Clerk, and which has been presented to the City Council at the meeting in which this resolution is adopted, is approved. Reference is made to the Report for a full and detailed description of the improvements, the boundaries of the Assessment Districts, and the proposed assessments upon assessable lots and parcels of land therein for the 2024-25 fiscal year.

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Resolution 2024-103
May 15, 2024

Page 3 of 5 ends

SECTION 7. Hearing. The time and place of the hearing required by the Assessment Law is set for 7:00 o’clock p.m. on July 17, 2024 in the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California.

SECTION 13. 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 15th day of May, 2024.

Helen Tran, Mayor
City of San Bernardino
Packet Page. 922
Resolution No. 2024-103
Resolution 2024-103
May 15, 2024

Page 4 of 5 ends

Attest:

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

Sonia R. Carvalho, City Attorney
Packet Page. 923
Resolution No. 2024-103
Resolution 2024-103
May 15, 2024

Page 5 of 5 ends

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-___, adopted at a regular meeting held on the 15th day of May, 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page. 924
Resolution No. 2024-104
Resolution No. 2024-104
May 15, 2024

Page 1 of 6 ends

RESOLUTION NO. 2024-104

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN ASSESSMENT DISTRICTS NOS.
1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064, AND 1068 FOR FISCAL YEAR
2024-25, APPROVING THE ENGINEER’S REPORT AND

PROVIDING NOTICE OF THE TIME AND PLACE OF

HEARING ON PROPOSED ASSESSMENTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has established Assessment Districts Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 of the City of San Bernardino (collectively, the “Assessment Districts”) pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”); and
WHEREAS, on May 1, 2024, the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2024-25 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2024-25 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law; and WHEREAS, Spicer Consulting Group, LLC, the engineer designated by the City Council to prepare such report, has filed its report with the City Clerk and such report has been presented to and considered by the City Council; and
WHEREAS, it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and, among other things, fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year;

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

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SECTION 3. Improvements. (i) The improvements authorized for the listed Assessment Districts (except Assessment Districts Nos. 1055 and 1068) are:
(a) The installation or planting of public landscaping and appurtenant facilities; (b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water, irrigation, drainage or electrical facilities; and (c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto. (ii) The improvements authorized for the Assessment District No. 1055 are:
(a) The installation or planting of landscaping and sewer lift stations and appurtenant facilities;
(b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and
(c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.
(iii) The improvements authorized for the Assessment District No. 1068 are:
(a) The installation or planting of landscape, detention basin and storm drains and appurtenant facilities;
(b) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, and
Packet Page. 926
Resolution No. 2024-104
Resolution No. 2024-104
May 15, 2024

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(c) The maintenance or servicing, or both, of any of the foregoing, including all matters specified in the Assessment Law and the original engineer’s report which are applicable thereto.

SECTION 4. Maintenance. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscape, including:
(a) Repair, removal, or replacement of all, or any part of, the improvements thereon, including incidental drainage facilities.
(b) Operation, maintenance, repair, and replacement of irrigation systems. (c) Servicing and maintenance of plantings and landscaping. (d) Repair and maintenance of incidental drainage facilities.

SECTION 5. Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows: “Assessment District No. 1028 (Ohio Avenue and Walnut Avenue Area) of the City of San Bernardino,” “Assessment District No. 1029 (California Street and 16th Street Area) of the City of San Bernardino,” “Assessment District No. 1030 (Magnolia Avenue and Ohio Avenue Area) of the City of San Bernardino,” “Assessment District No. 1031 (Irvington Avenue and Olive Avenue Area) of the City of San Bernardino,” “Assessment District No. 1032 (Palm Avenue and Verdemont Drive) of the City of San Bernardino,” “Assessment District No. 1035 (Zone 1 and Zone 2) (Palm Avenue and Meyers Road) of the City of San Bernardino,” “Assessment District No. 1036 (Northpark Boulevard and Campus Parkway) of the City of San Bernardino,” “Assessment District No. 1037 (Belmont Avenue and Magnolia Avenue) of the City of San Bernardino,” “Assessment District No. 1038 (Orange Show Road and Arrowhead Avenue) of the City of San Bernardino,” “Assessment District No. 1039 (Irvington Avenue and Chestnut Avenue Area) of the City of San Bernardino,” “Assessment District No. 1040 (Acacia Avenue and Hill Drive Area) of the City of San Bernardino,” “Assessment District No. 1041 (Magnolia Avenue and Ohio Avenue Area) of the City of San Bernardino,” “Assessment District No. 1042 (Shandin Hills Drive and Shady Creek Drive) of the City of San Bernardino,” “Assessment District No. 1043 (Zone 1 and Zone 2) (Palm Avenue and Irvington Avenue Area) of the City of San Bernardino,” “Assessment District No. 1045 (Waterman Avenue and Orange Show Road Area) of the City of San Bernardino,” “Assessment District No. 1046 (Northpark Boulevard and Northstar Avenue Area) of the City of San Bernardino,” “Assessment District No. 1047 (Ohio Avenue and Pine Avenue Area) of the City of San Bernardino,” “Assessment District No. 1048 (Eucalyptus Avenue and Randall Avenue Area) of the City of San Bernardino,” “Assessment District No. 1050 (Pepper Avenue and Rialto Avenue Area) of the City of San Bernardino,” “Assessment District No. 1052 (Belmont Avenue and Chestnut Avenue Area) of the City of San Bernardino,” “Assessment District No. 1054 (Campus Parkway and Valles Drive Area) of the City of San Bernardino,” “Assessment District No. 1055 (Pine Avenue and Redwood Street Area) of the City of San Bernardino,” “Assessment District No. 1056 (Magnolia Avenue and Garfield Street Area) of the City of San Bernardino,” “Assessment District No. 1057 (Cajon Boulevard and University Parkway Area) of the City of San Bernardino” “Assessment District No. 1059 (Orange Show Road Packet Page. 927
Resolution No. 2024-104
Resolution No. 2024-104
May 15, 2024

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Mayor and City CouncilMay 15, 2024

Mayor and City Council
May 15, 2024